Split (1)

train · 697k rows

pred_label stringclasses 2 values	pred_label_prob float64 0.5 1	wiki_prob float64 0.25 1	text stringlengths 110 1.03M	source stringlengths 37 43
__label__wiki	0.718311	0.718311	ACIDIC Rocks the Next Generation of Youth Intensity If you had any questions about whether or not the youth of America are spending time creating great music, those answers are about to be answered to the hilt. ACIDIC is an intense group of youth that is rocking the scene with new music and the next generation of rocking intensity. They have a new album out and this interview will feature why you should own it and tell your friends about it. Thomas: When and why did you start playing together as a group? Matt: I joined in 2008 with Michael because I’d never been in a band that was in clubs and actually out there playing. I wanted to be in a professional band playing around L.A., and that’s what we started doing. And it just blossomed from there. Max: I joined in late 2013. Zane Taylor, my longtime friend and our old tour manager at the time, told me that ACIDIC was looking for a bassist. Did I know anybody? I was a guitarist in another band, but I tried out because I thought, hey I’ve got nothing to lose, maybe they’ll like me! And they did! And then I joined. Besides, the sound of touring got me interested. It’s something I’ve wanted all my life and dreamed of doing, but joining this band finally gave me that opportunity. Mike: I wanted to start playing because I had a passion for music, and had a desire to communicate that to a broader audience. We all coalesced and it has been a great match. I started the project in 2007 and we have been in our current formation since 2014. Thomas: Why is making music at this time important for society? Matt: I think music is a way to break from society in a sense. Life is very serious and music is an escape – it lets you get away from all the seriousness for a bit and breathe some fresh air into your mind, and it helps you stay normal. Max: Music gives a voice to people who normally wouldn’t have the power to be heard. It allows people people to say anything they want with no restrictions. Seems like people respond to music a lot more than just to an article or a book or some such thing. People connect with music on a very deep level, so I think that’s what has the power to change things if someone really wants to change them. The whole medium of art and performance and talent is what people are tapping into and it resonates with people very intimately. It hits the heart. Mike: With so much uncertainty propagating in America and the broader international community, I believe that music is going to play a fundamental role in expressing the true voice of the majority of people and will become the group conscience of our society. Music is freedom of speech, and freedom of expression. Music is cathartic and therapeutic. Music can give a snapshot of someone’s emotional pitch. Music can influence generations of people to rise up against tyranny. I think true change is going to have it’s genesis in music and art. Thomas: Before the collection of songs came together (Creatures), what songs did you mostly play together? Matt: Songs we played before “Creatures”? All the “Copper Man” songs, like the title track, and “Drive Thru,” “Monster,” “Strata Red,” the whole load. I’ve been in the band from the start, so for me it’s all of ’em. Max: Before “Creatures,” it was “Strata Red,” our version of the Beatles’ “Come Together,” and just jamming. Everything off of the “Copper Man” album, like “Drive Thru,” Monster” especially, and some of the older songs. The one I had to practice the most was “Satellite” from the “Copper Man” album cuts that was the toughest for me to play. Mike: We mostly played songs off our previous albums with the exception of adding a good cover song in every set. Thomas: What made you select these songs for the Creatures? Matt: We took time and wanted to get a different kind of sound than we had before. We were at it working on “Creatures” for about a year. We went for this rocky kind of gritty sound but also put in some effects and things we hadn’t tried before, to add a little flare and deepen it up. We all worked on the songs together and polished them and everyone had a lot of input, and then it all came together for the album. Max: The songs that were the best, the ones we liked, each of us had a say in what we liked. I cowrote several of the songs with Michael Gossard. But Matt cowrote with us and Josh had a hand in it, too. One way or other, it was all kind of a group effort to think of what would be the best and what would mesh together better, regardless who wrote what or how much of any given song. In the end, it’s the four of us all having input, whether it’s lyrics or especially the different music parts. Mike: Creatures was challenging album to write. It took about a year of sending ideas back and forth between the artists and the producer to make it write. We also enlisted the help of a good friend of our’s, Rob Bonfiglio, who is a prolific writer in his own right. We selected these songs because they fit together more cohesively than anything else and were the cream of the crop. Thomas: Describe the most challenging song(s) to play together, and why? Matt: Right now we have this new punk song that we just wrote, and it’s not only so much of a challenge but it’s also quite different than what we’ve played before. A lot different, and so you have to adjust and work and play it and play it and play it to get the feel of it. But it’s fun to play, too, even though it’s the most challenging so far. Max: Mike’s new punk rock song that we just wrote that we haven’t named yet because it’s so fast! Brand new! Fast and crazed! There’s a few changes in it that get difficult to blend. The speed of the song makes it tough for everyone to stay in the pocket. But when we do it’s AWESOME! Mike: Our most challenging song to play is the song “Beautiful.” It has quite a bit of dynamic range, and emotion. It takes artful performance to get just right. There is also a myriad of background vocals and choosing the best ones to replicate live is definitely a process. Thomas: Who most influenced you as a musician, and as a group? Matt: For groups, I’d probably say there are some bands we all listen to that have definitely influenced us. Hard to think of them all! But in general, especially in the beginning, Green Day and the Beatles were universal basics. We all have these different influences from bands out there, because we all bring our own individual tastes into the mix. MY greatest influences are many different drummers, but maybe the strongest influence has been a fellow drummer and close friend Jonny Udell of Warner Drive. He really opened me up and taught me different things from all his experience, because he’s a little older and he’s been at it longer. Those little niches you have to know and master, to make it to the next step and help you get better as a musical craftsman. He really helped get me to the next level as a drummer. Max: Personally, my two biggest influences are probably George Harrison of the Beatles, and Bradley Nowell of Sublime, kind of because George was so deep with the philosophical ideas in his writing, and his ability to make a simple guitar line sound so good, to make it the predominantly theme of the song. Bradley – the cuts of his lyrics and the way he lived his life when he was still around. As a group – we’ve kinda Green Day and Jane’s Addiction among others, but for stage presence, definitely the Red Hot Chili Peppers – with that wild energetic vibe. By now, we’ve certainly got a wild energetic vibe all of our own! Mike: I was influenced a lot by the band Green Day. I watched their concert DVD “Bullet in a Bible” on repeat as a kid. I was also influenced by bands like the Beatles and the rolling stones. I love to watch a talented musician rocking out in their true element! Thomas: Do you think artists nowadays have too many influences from other artists due to the internet? Or does it benefit creativity? Matt: I do think that having the asset of the internet, you do hear all kinds of stuff both good and bad. Because anybody can just put anything out there that they want, for free, so you get exposed to everything! It allows people to see what’s out there and strive to be different than what IS out there. But it’s also easy to start copying what other people are doing and not really use it to explore and develop what you can bring it it, yourself, if you’re not careful. I think it both helps and hurts. Max: With everything there’s give and take. This is a yes and no. I don’t think it’s a bad thing to be influenced by another artist, maybe you make a song that sounds like somebody else’s but you give it a different take. It’s hard to say – but I do think because of the access to the internet, a lot more musical material and everything else – a lot of sub-par stuff is allowed to be put on there. Because of the free access, anybody can put anything up there so some is just outstanding and some other stuff is diluted content. It’s not bad to be influenced, unless you get tempted by something harmful! Mike: I think increased volume of influences increases creativity and the generative nature of music. Having more choice of what to listen to and watch also creates the effect of diversifying the music artists write so that there is a broader range of artistic expression within music. It is also true, that is something is truly wide ranging and reaches a broad audience, and has the propensity to be immensely well accepted, it will still make a large splash. Thomas: How did the internet and listening to the vast sea of music influence what you do today? Matt: Listening to all the music that’s come out and all that, we had to keep up with what’s going on and we have to see what’s happening what’s new in the world. The internet is a great way to find all that out. We’ve been using that as our tool to fine-tune the parts of the band and our music that we want to focus on, because we’re always trying to improve and expand. Max: Luckily, for me, I’m different because I never got into downloading music unlike most of the people I know. So I was not too into just finding out who the new new people were and grabbing all the music I could. I always listened to CDs. And I still buy CDS. My car only has a CD player, so that’s just how it is. I have my iPhone but I never got too deluged with just tons and tons of music via download. I like a lot of different genres. Different influences from every genre. Internet may not have impacted me as much as other people. Mike: I have the opportunity to listen to dozens of different artists every day rather than buying a new record or CD every day, week, or month, or having to make a mixtape. It has made me much more accepting of different types of music, and world music. My writing style has also evolved out of the box because of the wide range of influence. Thomas: Many artists like to teach their music after it’s published. Would you hope other musicians would learn your music? Matt: Yeah! If someone came to me and showed me they knew how to play “Copper Man,” for example, I’d be really stoked! I would think “Copper Man” is an easy song for just about anybody to learn. And besides, it’s fun! Might be one of the funnest songs we have! Max: Never really thought of that! I think it’d be cool if somebody came up to me and said “Oh I learned your song,” or “your song helped me get the bass or the guitar better.” I wouldn’t even say that’s one of my goals, haven’t really thought about it. I’d just want someone to listen to my music, period. That’s enough for me. Mike: I would be honored if people learned the music. I believe that is the ultimate compliment. Thomas: What do you think makes the group so solid, not just in the studio, but also in performances? Matt: I would say what probably makes us really solid is our personalities. We’re all easygoing people and nobody’s too high-maintenance or has an ego complex. It’s really easy to get along with all of us. We’re kind of like brothers by now, which is what happens when you all squeeze into something like our little old tour van for a few thousand miles! Max: Practice! Lotta practice! Gotta keep practicing. That’s the main thing. Don’t ever assume you’re already good enough, always be willing to keep practicing, keep working on it. That, and maintaining a positive attitude. Those two things could get you further than you could ever imagine. Mike: We practice frequently and try to communicate as honestly as possible. I think that lends a good energy to our general performance. We try to maintain a strong friendship as well as a good working relationship. Thomas: What do you think is next for the group? Matt: We’re just making new music and we’re trying to keep it going. It’s a dog-eat-dog business and you’ve just gotta keep going and keep pushing. Right now our music is gonna be what gets us there and we’re just gonna keep doing until something hits for us. Max: Hopefully overseas tours and another album, and playing as many shows as possible. That’s what I hope and what I foresee. We’re already working on new songs, and they’re better than ever! Mike: I think we are setting our sights on new material and possible overseas touring. Thomas: What do you want audiences to get most out of each performance? Matt: I want people to go away from our shows feeling happy and like they’ve had a good time. Nowadays everyone wants to go out to these dance clubs for a party and stuff. But I like to think WE bring the party back to rock ‘n’ roll! I hope people see us and realize how much you can enjoy rock when you’re at a club ‘n’ stuff, seeing a live show. We always have a good time onstage and we always hope it’s contagious. And it must be, because that’s what we keep hearing from people who’ve been to see us. Max: Just the point of our show is give the audience a good experience. A good time. I want them to have fun, and see the energy that we bring and enjoy that we’re playing super hard and that they like the music! I hope they just have a blast watching us and get down. I hope it makes them dance because if they’re dancing then you know they’re having a good time. Mike: I want people to sponge in the high energy we bring and I would like the audience to feel the professional tightness that we work to display. Thomas: Will you be shooting any new videos? If so, what are some concepts you have? Matt: Not sure about any new videos on the horizon but I wouldn’t want to give anything away even if I did know! We always try to surprise people and come out with something new and innovative. We don’t want to do more of what we just did. Max: I hope we do. The next video will be based on whatever song we want to push next, and with the “Creatures” album it’s kinda hard to decide because all the songs are so strong. But we do have footage we could be editing down – a mini tour log that we have the footage for. Hopefully I can get it edited down, and maybe make it into a web series like a tour log. Mike: We will be shooting new video when we have another single or when we have a new album. Until then we will continue to push our current material. Thomas: What have you learned most to this point being a musician? Matt: I learned a lot. At first I wanted to do it because music was fun and a way not to have to do a regular job, and a way for me to get popular and get people to know me because I play music. But you learn as you go on and we’ve toured around the country for 5-6 years so far. I’ve learned that I’m not doing a good job OR doing justice to the music or doing right by the audience unless I care, and that no one is gonna care unless I do! They can tell. They can feel it. They know if your performance is honest and your heart is in it or if you’re just kinda phoning it in. I’m more attuned now than I’ve ever been, sort of like being one with the drums. I find I’m taking a lot more pride in my playing and I enjoy what I play so much. And I’m having fun making music. Max: What I’ve learned is that, if you want to do something, music or anything really but definitely in music, just go out and try! Do it! Practice. Give up anything you need to give up, to go do it. Because spending the money you need to get out on tour, or being in debt, whatever problems you think you have from it, they’re miniscule. Whatever it takes, go fulfill your dreams. Go do it and fulfill your dreams, as long as it’s not something that hurts people. Material possessions and all that worldly stuff – it doesn’t matter. It’s the doing that counts. Do it. Try it. Risk it. It’s much better than getting old and thinking back and wishing you had when you were young, now that your time is up. Mike: I have learned that progress is the true nature of this business. I have learned to try to be more humble and I have learned to listen more. This has been an instructive process and a great 8 years and I look forward to the future!	cc/2019-30/en_head_0030.json.gz/line4
__label__cc	0.727524	0.272476	Join Shirin Ebadi opposing attack on Iran Shirin Ebadi was awarded the Nobel Peace Prize in 2003 for her work on behalf of human rights, women's rights, and children's rights in Iran. She is a critic of the current Iranian government, and lives in exile. In a message written for RootsAction, Ebadi opposes any attack on Iran: "Not only military attack but even threat of military attack would slow down the progress of democracy in Iran because the government, under the pretext of safeguarding national security, would further intensify its crackdown on pro-democracy activists and critics. Moreover, such an eventuality would incite people's nationalist sentiment, which would cause them to forget their criticisms of the government. "I also oppose economic sanctions against Iran because they would increase poverty and deteriorate the economic situation of the people. I favor sanctions that do not harm the people. For instance, the E.U. and U.S. have imposed sanctions on a number of human rights violators in Iran. It has been declared that they cannot enter Europe and the U.S., and their assets would be frozen should they have any on the aforementioned territories. "That list should be expanded. Moreover, companies that have sold equipment and software intended for use by the Iranian authorities in the monitoring or interception of internet and telephone communications should be penalized. These kinds of sanctions will weaken the Iranian government without being harmful to the people. We should try to adopt more targeted sanctions to punish the government for its violation of human rights." --Shirin Ebadi A decade ago, government lies and media spin brought the disaster of the Iraq war. Don't let the same thing happen again. RootsAction will deliver this petition to leaders of the U.S. and Israeli governments, insisting that all diplomatic avenues be pursued and opposing any military attack on Iran. We call upon the leaders of the governments of the United States and Israel to end their threats of launching a military attack on Iran. Instead, leaders should engage in genuine diplomatic dialogue. We unequivocally oppose any attack on Iran.	cc/2019-30/en_head_0030.json.gz/line5
__label__wiki	0.561359	0.561359	Home » Canadian history • History and Policy • Theme Week The Family as Tax Dodge, Again September 21, 2017 September 15, 2017 No Comments on The Family as Tax Dodge, Again By Shirley Tillotson This is the fourth in a five part theme week marking the centenary of income tax in Canada. Here we are again. If you’ve studied history or lived a decade or two after forty, you’ve noticed that some battles are fought over and over and over again. Those repetitive, “I can’t believe we’re still debating this!” struggles mark itchy, scratchy places in our society, the places where the imperatives of institutions and “common sense,” markets and human needs contradict each other. So “same old, same old” really means “this is hot stuff.” In the history of the income tax, much of the hot stuff shows up around family. And sure enough, family matters appear in the federal government’s current proposals to make income taxation more fair. One aspect of the Morneau proposals targets the use of the breadwinner / homemaker / children family as a tax dodge. Or, to be less provocative, one might say the proposals target the use of one kind of family as a means to minimize tax, perfectly legal. Opposition MP Michelle Rempel moans, how can a government “change the rules” and call the change “fair”? Is the finance minister calling people who follow the rules “crooks”? Amid all this heat, a bit of tax history might be calming. The distinction between what is avoidance – legal – and what is evasion – illegal – has changed before, and will no doubt change again. Rempel presents herself as defending law-abiding folk who face the shutting down of ordinary good business practices, ways of saving and spending that are both legitimate and socially useful. But those practices are not natural rights. They are more like tactics in a sport. They are merely ways of using current law to the taxpayer’s best advantage: tax avoidance practices, also called tax planning. As the world changes, so may tax law, in the future as it has in the past. The boundary between avoidance and evasion is historical, driven by events and our responses to them. In the Anglo-Canadian world, a landmark event in the 1930s pretty much invented the distinction between avoidance and evasion. On May 7, 1935, the Judicial Committee of the Privy Council found against the Internal Revenue and for the taxpayer in the appeal of the despicable (for other reasons) Hugh (“Bendor”) Grosvenor, 2nd Duke of Westminster. Westminster had reduced his income tax assessment by an accounting move that the person on the street can hardly have regarded as fair, and that the tax authority thought was evasion. The majority of the JCPC called it avoidance. Westminster had figured out that, if he paid his approximately 100 household and estate staff one way (by means of income from annuities) rather than another (ordinary wages), he could significantly reduce his taxable income, and avoid a surtax. Hugh Richard Arthur Grosvenor, 2nd Duke of Westminster by Walter L. Colls, circa 1902 © National Portrait Gallery Westminster was enormously wealthy. His family owned much of Mayfair and Belgravia in London. He ostentatiously enjoyed his wealth, revelling in Rolls Royces, yachts, horses, mansions, and gifts of lavish gems to a series of girlfriends and wives including, for a time, Coco Chanel. To his credit was a Distinguished Service Order (DSO) earned in active combat during the Great War. To his shame was keen support for Hitler during the 1930s and 1940s and a hatred of homosexuality that makes Lord Alfred Douglas’s dad look like a member of PFLAG. Westminster was an active member of Britain’s extreme and anti-Semitic right in the interwar years, and a tailor-made villain for tax history. No mere government was going to make Benny Grosvenor pay some ridiculous surtax on high incomes. Even if we don’t much like the man, Westminster, the decision in Westminster usefully established a tax filer’s right to arrange his or her business affairs so as to pay the least tax legally required, a right to avoid that defends all of us against the risk of overweening tax administration. But Westminster was also the charter case of aggressive tax planning. Before the change in statutory interpretation led by Westminster, the tax authority was allowed to investigate whether a business transaction (paying a salary, renting a property, borrowing or investing money) had a real economic purpose – substance – or whether it was just moving money around to avoid a proper tax liability. After Westminster, tax authorities had to invent new ways to determine whether a tax filer was, like the Duke, doing one thing and calling it another, taking advantage of words in the tax statute to produce a result contrary to the legislators’ intentions. One new way that governments found to shut down clever tax schemes in the 1930s was the gift tax. Is a so-called “gift” really a gift when the giver is your rich uncle Edwin, who signs over to you the deed on one of his apartment buildings on the understanding that you’ll loan him back the rental revenue at zero interest for an indefinite term? You don’t earn much from your job slinging donuts, so your tax liability on the rents will be smaller than Edwin’s would have been. When Edwin in the end gets that rental income and pays “your” tax bill, he’ll still be keeping more of his money. And he’ll owe you at least a favour. In June 1935, the Canadian federal government started levying a tax on “gifts” like that one. According to a new rule in the Income War Tax Act, the generous “giver” of this sort would have to pay the government a percentage of the value of the gift (ranging from 2 per cent to 10 per cent).[1] Uncle Eddy could still give his niece (or even one of his employees) that income property, but he’d have to fork over some cash up front for the tax advantage that he was busy arranging. Toronto Daily Star, 23 March 1935 A number of countries enacted gift taxes in the 1930s, precisely to close the kind of gate through which the Duke of Westminster had escaped. As credit markets crashed and worker misery grew to near-revolutionary levels, governments powered up their tax enforcement efforts and raised taxes on the poor, the middling, and the rich alike. Wealthy Canadians began, like Westminster, to “give” previously undeclared income-earning assets to people within their control, to prevent the assets’ being discovered and so to avoid the subsequent tax bill. Facing the newfound earnestness of the state’s effort to enforce the tax law, various Uncle Eddies felt a strong incentive to divide some property among lower earning kin, and thus legally to minimize their income taxes. Today, the tax authority has more precise methods (attribution rules) to track who really should pay the tax on income-generating property that is transferred within families. However much more precise, those rules still address the same question as did the gift tax of 1935. Is it right for the highest earner in a family to “sprinkle” some of his (or, less often, her) income among offspring (or nieces or grandchildren) and spouse, so as to reduce the overall income tax paid by the family as an economic unit? Our law has tended to say no, because sprinkling and splitting shrinks the overall tax base in ways that benefit only some kinds of families and mostly higher income earners. Income sprinkling benefits substantially only those families that have just one member who earns a lot (or who has lots of investment income). Childless single people, families that live on a smaller single income, or families with two similar incomes can’t reduce their taxes much or at all in that way. The truly small business person, even if married with kids – the donut franchisee versus the plastic surgeon – sees only a small dollar amount by way of benefit. Tax scholars call splitting and sprinkling an “upside-down subsidy” – a tax expenditure that benefits taxpayers more and more as you go up the income scale. All taxpayers, happily or grudgingly, subsidize the tax reduction that is enjoyed by those who can use family for this purpose. Despite its dubious and discriminatory impact, the appeal of this tax avoidance strategy seems never to die. It was enthusiastically pursued in the 1950s but successfully opposed by federal tax policy makers, both Liberal and Progressive Conservative. In the 1960s, tax reformers tried to make family income sharing less selective (but lost the fight), and an argument for marital wealth splitting (as distinct from income splitting) is still being made and is worth exploring.[2] In 2014, disagreements on a simplistic form of marital income splitting divided Steven Harper (in favour) and his finance minister, Jim Flaherty (against). Regardless of party, finance ministers aren’t terribly keen on the sprinkling and splitting – these practices erode the revenue and don’t serve a broad economic objective. Now, a Liberal finance minister proposes reforms that will take away one of the few remaining routes to income-sprinkling. It isn’t an especially partisan move: Morneau proposes merely to extend the reach of a penalty against income sprinkling to children that, though introduced by the Liberals in 1999, was bolstered by the Conservatives in their 2014 budget. In tax planning circles, that penalty is called the “kiddie tax.” The kiddie tax was a bit like the gift tax of 1935. It doesn’t prohibit transferring income to one’s minor children, aged 17 or under. It just makes it prohibitively expensive to do so, by charging a Tax On Split Income (the TOSI, as the kiddie tax is called in scholarly circles). Morneau now proposes to apply the same tax to income sprinkling among children aged 18 to 24. Perhaps Morneau has noticed that there has been a change in the life course of young middle-class adults, who are now less likely to be independent in their early 20s. A tax law change might reflect this kind of social change in family relationships. Or maybe Morneau is just trying to stem a substantial drain on the federal revenue that resulted when, in 2005, Dalton McGuinty’s Ontario government handed doctors a tax shelter (not then available in every province) by allowing them to make their practices into private corporations and cut their tax rate by something like 30%.[3] Federalism complicates tax policy, to put it mildly. For reasons such as these, tax laws sometimes must be changed. The overall project of a progressive rate tax on personal income is to collect a revenue in ways that reasonably reflect earners’ and investors’ ability to pay. Governments may miscalculate ability to pay, and taxpayers should let them know if that happens. Efforts to follow in the Duke of Westminster’s footsteps are one way to protest. But to think that a particular method of tax avoidance is a right, rather than just an opportunity arising from possibly short-lived circumstance, is to misunderstand the forces that are constantly at work on tax law. When the McGuinty government gave Ontario’s doctors a new tax break, he was allowing them to take a bite out of the federal income tax revenue. I’d be surprised if McGuinty worked that out with the federal government of the day; by constitutional law, he didn’t have to. And when some doctors, along with lawyers and others with personal corporations, used them to sprinkle income among their young adult children, they cannot be entirely surprised if the childless among them do no see a valid equity argument expressed in their chosen form of protest. I would not accuse Ontario’s doctors or small businesses of being crooks. Few among us will forego a rich tax advantage that the law offers us. Our governments don’t expect us to. But when something in the world changes and, as a result, inequities arise among taxpayers, we might lose a tax advantage. In fact, it’s kind of the job of a government to see that we do. And when inequities are related to the kind of family we live in, we should especially expect our governments to be alert. Family and tax laws have a long, and sometimes suspect, history together. Shirley Tillotson is an adjunct member of the Dalhousie University Department of History and an Inglis Professor of the University of King’s College. Her most recent book is Give and Take: The Citizen-Taxpayer and the Rise of Canadian Democracy (UBC Press, October 2017). [1] Charitable gifts were exempt from the tax, as were gifts totalling less than $4,000 in value. There was no giving assets to the wife and kids to avoid tax: all such property was already taxed in the hands of the father and husband. [2] Lisa Phillips, “Cracking the Conjugal Myths: What does it mean for the attribution rules?” Canadian Tax Journal, 50, 3 (2002), at 1031 [3] Detailed evidence on the impact of Ontario’s 2001 incorporation measure is provided in Michael Wolfson and Scott Legree, “Policy Forum: Private Corporations, Professionals, and Income Splitting: Recent Canadian Experience,” 63, 3 (2015), at 717 Canadian history, History and Policy, Theme Week Income Tax ← History Slam Episode 104: Taxation and Democracy The Use and Abuse of Boredom →	cc/2019-30/en_head_0030.json.gz/line6
__label__cc	0.555525	0.444475	World Famous Israeli Novelist Amos Oz No Comments on World Famous Israeli Novelist Amos OzPosted in The Story By mosozPosted on May 15, 2019 May 15, 2019 “My beloved father has simply passed away from cancer after a swift deterioration,” stated his daughter Fania Oz-Salzberger in a brief assertion. He’s survived by his spouse Nili Zuckerman and his three kids. Born in Jerusalem in the course of the Mandatory Palestine of 1939, his name was Amos Klausner in his youth. The famed writer lived as a younger man for a time on Kibbutz Hulda, and as an grownup in the northern Negev desert metropolis of Arad. He took on the identify “Oz” – “courage” – and used his words to specific his beliefs about his world after first finishing his service in the IDF. Amoz Oz started writing at age 22. He Dies At Age 79 He received dozens of literary honors, was an Israel Prize awardee, and a recipient of Germany’s Goethe Award. His numerous books have been printed around the globe and translated into forty five languages however though he was considered a candidate for the Nobel Prize for Literature, it was an honor he by no means achieved. Speaking 4 years ago at a conference held at Herzliya’s Interdisciplinary Center, Oz mentioned, “If there are usually not two states here quick, there can be one state right here. And it will likely be Arab from the sea to the Jordan River. If there is such a state, I envy neither our youngsters or our grandchildren…. My Zionist place to begin has all the time been simple: We aren’t alone in Israel and in Jerusalem, and neither are the Palestinians. We can not change into one joyful family. There is one other manner: They don’t seem to be going wherever, they have nowhere to go; now we have nowhere to go. “A story of love and mild and now, nice darkness. The glory of our Creator. Rest in peace, our dear good friend Amos. There are numerous such examples. This incestuous relationship has served Wall Street extraordinarily well. Matt Taibbi in his article, “Why Isn’t Wall Street in Jail? ” discusses the corrupt lack of prosecution of Wall Street bankers and buyers who value this nation and the world losses within the trillions of dollars and degraded the world economic system as effectively. The brand new York Times additionally has an excellent investigation on why the S.E.C. 1.5 Trillion underneath both the Bush and Obama administrations to avoid wasting Wall Street from monetary collapse. Mary L. Schapiro-Commissioner of the S.E.C. Martin Gruenberg: Acting Chairman of the F.D.I.C. His predecessor was Sheila C. Blair, additionally (Jewish. Gary Gensler-Chairman of the Commodity Futures Trading Commission (C.F.T.C.) also has regulatory oversight of Wall Street. Mr. Gensler labored for Goldman Sachs, entered Government as prime official in the Treasury Department. Ben Bernanke – Chair of the Federal Reserve Bank is. Timothy Geithner – Secretary of the Treasury. Jewish Government officials overseeing Jewish bankers, investors, financiers on Wall Street is the sweetest deal of all-go ahead steal, share the money with us, and we’ll protect and supply a cowl up. In actual fact, we’ll send you Trillions of dollars to bail you out and make you worthwhile again. Because we’re tribal brethren and could care less about the American people or the world. Vanity Fair magazine in its October 2007 difficulty revealed a list of “the world’s most highly effective people”. A listing of the one hundred most influential rich women and men who span the business, monetary, and banking sectors, the media, film studios, publishers and so on. These powerful folks have the influence to form our world and our world view of each other. They could make or break governments, shape and affect world economies, launch wars and devastate nations. These are the few who can actually form and mold our future. Peter Beinart (Jewish) in his e book, “The Crisis of Zionism” (2012, Times Books) additionally attests to Jewish Power. “The shift from Jewish powerlessness to Jewish energy has been so profound, and in historical phrases so fast, that it has outpaced the way in which many Jews think about themselves”. e shift from Jewish powerlessness to Jewish energy has been so profound, and in historical phrases so fast, that it has outpaced the way in which many Jews think about themselves”. About The Novelist Named Anne Tyler How The Books Inspire Your Imagination	cc/2019-30/en_head_0030.json.gz/line7
__label__wiki	0.651866	0.651866	HomeNews and announcementsNew Bishop Ready to Take Up Office New Bishop Ready to Take Up Office Media Release Thursday 7 February 2019 On Saturday 9 February, the Anglican Diocese of Christchurch will celebrate the ordination and installation of their ninth Bishop in two separate festive services. Last year it was announced that the Reverend Dr Peter Carrell, a Cantabrian and well-respected Bible scholar and priest, would become the new Anglican Bishop this year. The activity of ordaining and installing the new Bishop of Christchurch will be a time for Anglicans to celebrate and focus on the joy of new leadership, strength and unity of purpose, and a refreshed desire for engaging with their communities. Diocesan Manager Edwin Boyce has been working with a team to plan the events since the announcement in August last year. “We wanted to make this a day of celebration. It’s a time for us and the communities we live in and among, to celebrate as we re-focus on a central tenet of the Christian faith, ‘love your neighbour’. Part of that is building enhanced relationships that both honour the past and reflect our passion for the future,” says Mr Boyce. ‘Togetherness’ will be at the heart of the this celebration as people from parish groups across Ōtautahi Christchurch, the Diocesan territories, and the public come as one with church leaders of many faiths, government, iwi, community and business leaders, to welcome and support this new beginning. The Dean of Christchurch, Dean Lawrence Kimberley, is particularly excited to welcome the new Bishop, which also coincides with visible progress being made on site at 100 Cathedral Square. “Christchurch began with a special relationship to Anglicanism, with our founding forebears bringing their faith-based approach to life with them when building the city. This unique event will be a joyful combination of different aspects of Anglicanism. Its inclusiveness demonstrates love for friends and neighbours including welcoming those who are hard to love. It extends to work colleagues, visitors from far and near, and our tūrangawaewae, the places we are connected to and belong,” says the Dean. The Anglican Church consists of three strands: Tikanga Māori, Tikanga Pākehā and Tikanga Pasifika will all be participating in the celebrations. The two services – one to ordain Rev’d Dr Carrell as a Bishop, and one to install him as the Ninth Bishop of Christchurch – will take place at Christchurch Boys’ High School auditorium in the morning, and in the Square, in front of the cathedral steps in the afternoon, respectively. Anglicans from all over the Diocese, which extends between South and North Canterbury, across to Westland and the Chatham Islands, will be celebrating either at the event itself or by tuning in to a live feed being streamed for both events. Bishop-elect, Rev’d Dr Carrell, has been preparing himself for the role over the last few months and is ready to take on the challenge. “Stepping into this role is a privilege and an honour. I am grateful for all the support, prayer and aroha I have been receiving and that no doubt will continue. I am excited and yearn for the Diocese to move forward and thrive. “I want to be known as someone who works together with the Diocese, the city, the council, local iwi, other faiths, and in our local communities and whanau groups. Faith needs to be practical and lead to action. “I invite anyone interested to join with us at the Installation Service in the Square at 3:00 pm. All are welcome to come down and celebrate with us together.” Rev’d Dr Carrell has stepped down from his previous roles as Director of Theology House, Director of Education for the Diocese of Christchurch, and Archdeacon for Pegasus (East Christchurch), and new personnel are now in place. Peter has a wide and deep knowledge of the Diocese into which he was baptised and ordained, including serving as Archdeacon of South Canterbury (2014–18) and Archdeacon of Mid Canterbury (2015–18). He is a priest with strong gifts and experience in communicating the Christian faith through speaking and writing. Details of the two events are outlined below: The Ordination Service: This will take place at Christchurch Boys High School Auditorium where representatives from both the Province and the Diocese, Tikanga Maori and Tikanga Pacifica will be present. The service begins at 11:00 am and is a ticketed event. Bishop Richard Wallace, O Te Waipounamu, will be speaking at this service. The Installation Service: Following the Ordination Service, Bishop Peter will be installed as Ninth Anglican Bishop of the Diocese of Christchurch in a brief, and less formal service, in Cathedral Square. The Installation Service will begin at 3:00 pm and anyone is welcome to attend this out-door event, which will take place in all weather. The Mayor, Leanne Dalziel will be speaking at this event.	cc/2019-30/en_head_0030.json.gz/line9
__label__cc	0.683343	0.316657	Swatch's Financials Now, in this post, we get into the really nitty gritty details of investing: financials and revenue and margins and numbers and ratios. This is really the bread and butter of stock analysis which is also perhaps the most difficult part for most laypeople. As alluded to in the previous posts, I would usually like to pick up a few important numbers and ratios out of the financial statements. Most of the time, it would give a really good sense of how the company is doing. I have posted in details what all these numbers meant like a million years ago. You can find the old descriptions in the labels: Financial Statement Analysis and Financial Ratios. For your convenience, I have also added hyperlinks at the relevant paragraphs below. But for Swatch today, I would just do a quick commentary on what’s interesting. Here’s an updated version of the cheat sheet that I would normally use. As you might be able to tell, I have added some colours and made it look prettier in order to compete with Serina Wee. I hope our beloved media will take some pics here too! Swatch's Cheatsheet First, let’s explain the structure. I have divided this table into a few parts, the titles for these parts are in red and underlined. The pure financials are PL, BS, CF. If you do not know what they stand for, I suggest you message Serina Wee on Facebook for a crash course, she would be able to help since she is a certified accountant and a devoted Christian. Of course, you should also make known to her that you will be joining City Harvest tomorrow and pledge 50% of your household income to support her wardrobe. Well, short of pledging 50% of your income to support Serina Wee’s wardrobe, which isn’t really a bad thing since you will be doing a big favour to all Singaporean guys watching her strut down Supreme Court, you can read the posts I wrote a million years ago under the in the labels: Financial Statement Analysis and Financial Ratios. I just need a Like for my Facebook page on the right of this post. You are most welcome :) Ok, jokes aside. So the financials are PL, BS and CF. The other segments are: Stock related: which relates to stock information and the numbers used to calculate its valuation and the all important target price (TP) or intrinsic value. Stakeholders: who are the big owners and managers of this company. Comps: how does it compare with industry peers in terms of valuation. So we see a bunch of no.s all over. I guess it would be easiest to focus on those numbers in blue. Basically these are derived numbers ie they are formulas in Excel rather than hard coded. What does it mean? Take dividend yield which is at 1.4%. It is simply DPS or dividend per share of CHF (Swiss Franc) 8 divided by its share price of CHF 587, ie no.s in blue are derived from other no.s in the spreadsheet. So as you can see, Swatch is pretty much a top notch business. GPM or gross margin at 80% and OPM or operating margin of over 20%, these are some of the highest margins in any industry. Essentially, when you pay $10,000 for an Omega watch, the cost to produce it in the Swiss watch factory would only be $2,000. Gasp! That’s why the gross margin is 80%. Well, since OPM is 20%, it then means that the cost to do marketing like getting James Bond to wear it, putting it in a fancy retail store on Orchard Road and finally packaging it nicely in a wooden oak box, these add up to another $6,000, which is the difference between the gross profit and the operating profit. So Swatch only makes $2,000 at the operating level for every $10,000 Omega watch that it sells. Then there’s the ROE or Return on Equity, which measures the growth rate of the business. For Swatch it’s 21%, another world-class number. How’s your salary increment this year? If I read the published stats, it’s about 5%? For every year that passes, the capital base in Swatch grows 4x faster than our salaries. So if your savings pool is large enough, you have to think really hard if you should work or you should just put all your money in Swatch. Well, that’s another topic. But even when compared to peers like Tiffany (ROE 16%) and Richemont (20%), Swatch’s ROE is still superior. The other measure I like to look at is the FCF yield which stands for free cash flow yield. This is basically cash the business churns out after it has re-invested back in the business, divided by the market cap. So it means that if you buy Swatch now, it churns out 3% cash for you, in theory. In reality, it pays out 1.4% as dividends to shareholders. This two no.s then compares whether the dividend is sustainable. If you see a dividend yield higher than the FCF yield, it means dividend cut akan datang (or coming soon). FCF yield of 3% is actually considered low in most circumstances which means that the stock is expensive. Cheap stocks give close to 10% FCF yield, like Microsoft or Apple, the maker of iPhone 5S, which stands for Same and 5C for which stands for Cheap. Even Singaporeans’ infatuation with the 5C dream would not save Apple. Tim Cook probably needs to seek divine help from Serina Wee. So Apple 10% FCF yield vs Swatch 3% FCF yield? Shouldn’t we buy Apple? Things are cheap for a reason. Just comparing the plain FCF yields ignores the growth angle. Swatch has a sustainable ROE of 21% while Microsoft or Apple would probably see its ROE decline over time. This means that whatever cash Swatch’s business can churn out, that amount should grow at 21% per annum. For Microsoft or Apple, the cash churned out would decline over time. Hence it’s not really an apples-to-apples comparison (no pun intended :). Now growing at 21% is powerful. Remember compound interest is the Eighth Wonder. This means that in 2 to 3 years, Swatch’s FCF yield based on today’s price is then 6%. And in 4 to 6 years, it would be 9%. That is not far from the 10% for the 2 loser techland dinosaurs described above. And Swatch's free cash flow will continue to grow after six years, into perpetuity as long as people don't stop buying luxury watches and diamonds. Finally, we should talk about how we get to Swatch’s target price or intrinsic value of CHF 650. There’s no rocket science here. I simply used the EPS or earnings per share of CHF 36 multiplied by 18x. Why 18x? This is actually at the high end of what I would pay for. (I have advocated paying not more than 18x PE) But 18x should be justifiable for such a great franchise with strong growth, brand recognition and all the business moats we have discussed. Now do take note that intrinsic value is just a number. The most important point about investing is the margin of safety. At CHF 587, the margin of safety is a mere 10%. Ben Graham, the father of value investing, would want 30%, so this is definitely not enough for him. But Warren Buffett also did say that if the business is great, not just good but great, then it’s ok to buy even with no margin of safety. Investing is an art and I would leave it to you and your artistic talent to determine what is a good entry price for Swatch. For me, although I started the analysis and bought it way cheaper, I believe Swatch still offers upside at today’s price. I would advocate buying a toehold for now and if it falls, it’s a chance to load the truck! Hopefully we would make enough to fund Serina’s wardrobe in time! PS: For those who have no idea who’s Serina Wee, where have you been dude? Here’s her pic below. Singapore's hottest accused criminal Labels: Swatch Swatch's Management Swatch Group came about via a series of mergers around the time of the near death experience of the Swiss watch industry in the early 1980s and was finally helmed by this legendary guy called Nicolas Hayek, a Lebanese who later became a Swiss. His kids, Nick Junior and Nayla Hayek - a brother and sister tag-team, run the Swatch Group today. Nick Senior passed away in 2010 but he created a lasting legacy by rescuing and reinventing the whole Swiss watch industry. Nick started his own management consulting firm called Hayek Engineering in the early 1960s and became very successful in consulting and helping to turn around ailing companies all over Europe. Hayek Engineering corporate philosophy embodies Nick’s belief that an entrepreneur is essentially an artist. This is not different with investing which is also an art. Also, an investor should also manage his portfolio with an almost artistic creativity to make outsized returns. In Nick's own words, An entrepreneur is first of all an artist, full of fantasy and inventions. He or she needs to be able to communicate, be open to new ideas and able to question everything. – Not only our society but also oneself. An entrepreneur ought to be captured by the beauty of and sensitive to the outcome of our planet. This attitude does not only allow him or her to create new products and more jobs, it also allows for the creation of true values and riches for all people. It is also necessary if one wants to overcome all obstacles using courage and fantasy… This is how Nicolas Hayek approached entrepreneurship and by 1979, Hayek Engineering had 300 clients in 30 countries and Nick was well regarded as a true entrepreneur and on top of that, a teacher to other entrepreneurs. Today the company still exists as a niche consulting firm headed by Nayla Hayek, Nick’s daughter. So that was all before Nick got involved in Swatch. Then, in the early 1980s, the onslaught of the cheap Japanese quartz watches drove the mechanical Swiss watch industry to the brink of bankruptcy. A lot of watchmakers and their movement companies were going bankrupt. At age 52, Nick was roped in to oversee the liquidation of two of these companies: ASUAG and SSIH but he thought and decided there could be a way out for the Swiss watch industry. At the same time, Swatch was created by a group of entrepreneurs led by another guy called Ernst Thomke who was also trying to rescue ETA, a very important Swiss watch movement company. Nick then joined hands with Ernst and a group of investors to form a Swiss watch giant called SMH, which later changed its name to Swatch Group. Swatch Group today is an integrated watchmaker producing 50% of the world's high end mechanical watch movements and owns a slew of brands including Breguet, Harry Winston, Blancpain, Glashütte Original, Jaquet Droz, Léon Hatot, Omega, Tiffany & Co. (watches), Longines, Rado, Union Glashütte, Tissot, Calvin Klein watches and jewellery, Balmain, Certina, Mido, Hamilton and needless to say, Swatch. On its website, Swatch also lists all its production companies. Some of which are critical to the development of the human race. Like Nivarox-FAR, one of Swatch Group companies that produced the world's smallest springs and gears for impeccably accurate time-keeping in mechanical watches. Swatch Group production companies ETA, Nivarox-FAR, François Golay, Comadur, Rubattel et Weyermann, MOM Le Prélet, Universo, Manufacture Ruedin, Simon Et Membrez, Lascor, Novi, Swatch Group Assembly, DYB, EM Microelectronic, Renata, Micro Crystal, Oscilloquartz and Swiss Timing. We already know the turnaround story. Swatch was driven by innovation: funky, fashion styled cheap watches that managed to beat the Japanese in their own game. Nick’s masterstroke came with the re-positioning mechanical watches as luxury products. The Swiss mechanical watch became a symbol of art, a reflection of the owner’s appreciation of craftsmanship, a mark of personal achievement, a family heirloom and everything else (including a status symbol, a wealth flaunt and a bragging right). It worked. Swiss watches became the luxury item of choice for successful men and now women as well. A multi-billion dollar industry was born. Today Nick Jr is the CEO and Nayla is the Chairwoman of Swatch Group. While lacking the larger-than-life charisma of their father, both brother and sister are respectable business people in their own right and have created value for shareholders. Nick Jr seemed to be very interested in movies and his profile says nothing about his achievement in the company. But as CEO of the Group, he holds his own ground and his views on the watch industry and the Chinese consumer are highly sought after. Nayla appears to be the more serious and capable of the two and she recently took on an additional role as the CEO of Harry Winston, the newly acquired diamond ring and jewellery specialist. The following is a picture of the Chairwoman of Swatch Group and CEO of Harry Winston. After she became the CEO of Harry Winston, she decided to help a Singapore church pastor and his tone-deaf wife launch a Hollywood music career by siphoning some money from the church fund. Since she was an accomplished accountant, this was child's play to her. She successfully did so for seven years until the whole scheme was found out by the authorities. This picture was taken as she attended court hearings. Ok just kidding. For the un-initiated, that's Singapore's hottest criminal-in-question Serina Wee who is currently involved in the City Harvest saga. Apparently, she is so hot she singled-handled converted the courtroom to Christianity. So much for jokes. Let's get back to Swatch. The following is a real picture of Nayla Hayek. Nayla Hayek, Chairwoman of Swatch Group Well, she would have rivalled Serina in her younger days. At 62 today, she and her brother are diligently continuing their father's legacy. They have managed to surround themselves with very capable people: PhDs, lawyers, engineers and MBAs to help them run the Swatch Group. It suffices to note that they have not done anything drastically detrimental to shareholders and should continue to help us grow the company in the foreseeable future. Together the Hayek family still owns 20% of Swatch and their interests are aligned with the minority shareholders. "Patience is a Virtue." I was googling around for this topic and as usual, Wikipedia came to the rescue. Sadly, it's still loss-making because donation somehow doesn't work on the internet. Google should just buy them out. So what did Wiki says about Patience? It's actually part of the seven heavenly virtues which are counterparts of the more famous seven deadly sins, protrayed in the cult movie starring Brad Pitt and promoted Kevin Spacy and Gwyneth Paltrow to stardom. Patience is described in more context than our current world usage: usually like waiting patiently for someone or for the MRT to actually move smoothly. Accordingly, it is about endurance, moderation, grace and forgiveness. The counterpart in the sins is wrath. In investing, the masters have talked about this over and over. And this is the Nth time I am re-learning this lesson as well. Baseball is the favourite analogy. It is known that the best baseball players do not anyhow swing. They wait for the perfect pitch. When the pitcher screws up and throws a slow ball, in the right zone, they swing the bat and hit that sayonara home run. In buying stocks, it's the same. You don't just buy when Singtel drops 10%. You wait for something to happen or some crisis for the stock to fall really, really cheap. Actually it's sort of happening now with some of our Indonesia exposed names like Jardine Cycle and Carriage. And you swing when the slow fat pitch comes. Like when Jardine drops to $30, when it's PE hits 8x and its dividend yield goes up to like 6%. Imagine! 8x and 6% for the No.1 auto and motorcycle distributor in Indonesia where both auto and motorcycle market would likely be in the Top 5 globally in the next few years. These opportunities do not come often. Usually once every few years. The last time Jardine was this cheap was 2011 when the Greek tragedy hit. As for Singtel, the No.1 stock in market cap in Singapore, the last time it was cheap enough was Lehman, that's half a decade ago. So as patient value investors, most of the time we should really just do nothing. It's called "sit-on-your-ass investing" according to Buffett. To deploy capital over mediocre opportunities simply just doesn't cut it, especially if we are trying to hit 8%pa kind of return. Ok, that's patience in investing, but what about patience in life? I think this could be the more important lesson. Patience in life could work in various circumstances: 1. When we are preparing to do something bigger. Hence needing the patience to remain in the current situation for longer, allowing more time for training and mastery. 2. In facing our adversaries, one of the best weapon is patience. Wait for them to commit mistakes. But we need to do our part in maintaining our best. The wait would usually take months if not years. Although sometimes we ought to leave the mud-house especially when the bosses are not on the right side. Choose not to wrestle pigs, if possible. 3. To garner support for change, sometimes it take years for things to move. Like the changes in our education system. Together with others (more prominent opinion leaders and education specialists), I have discussed about revamping PSLE a few years ago in a few series of posts on Education. Finally, something would be done. Well, at least, PM Lee promised. Being patient in situations is not about admitting defeat. It is taking a step back to leap forward. It is taking time to strategize, recognizing that the time to act is not now. Recall the old battle scenes before machine guns were invented. The army needs time to reload their guns. So you cannot fire when the enemy is coming until they get near enough. Patience makes the difference. Of course, there is a spectrum to everything. Pulling patience past its limit is cowardice. Unwilling to act after waiting and the opportune moment passed. That would also be a grave mistake. How do we know when is the right moment then? Oh, we know. We ALL know. When the stock hits 6% dividend but we fail to act even though we already decided we must buy when it hits that price. We didn't because our balls shrunk and we say let's wait. It's the same feeling as seeing the girl leaving and our balls shrunk and we say, "next time I'll ask for her number." To sum up, we need a suitable amount of patience to succeed in investing and in life. Train up and be prepared. Focus and wait for the opportune moment. Then seize the day! George Savile, an English statesman who lived 400 years ago also summed it up pretty nicely, "A man who is a Master of Patience, is a Master of Everything Else." Labels: Education, Investment Philosophy	cc/2019-30/en_head_0030.json.gz/line13
__label__cc	0.528895	0.471105	By providing your information, either on paper, electronically or through a website, you consent to us storing and using your information. Our site uses tracking technologies to tailor your experience and understand how you and other visitors use our site. By continuing to navigate this site you consent to use of these tracking technologies. For more information on how we use your personal data, please read our Privacy Policy. Auto Warranty TCPA Settlement Website How to Report a Change of Address This official website is maintained by the Settlement Administrator in the action entitled, Mey v. Interstate National Dealer Services, Inc., et al., Case No.: 1:14-CV-01846-ELR-RGV, (the “Lawsuit”), which is pending in the United States District Court for the Northern District of Georgia. The information contained on this website is only a summary of information presented in more detail in the Notice of Proposed Settlement of Class Action (the "Notice"). You may download a full copy of the Notice by clicking here or you may call the MEY V. INTERSTATE TCPA Settlement Helpline at 866-963-9977 to request a copy of the Notice by mail. The Court has preliminarily approved a proposed Settlement related to claims brought on behalf of persons who received calls allegedly made by or on behalf of Interstate National Dealer Services, Inc. (“Interstate”) to (a) telephone numbers listed on the National Do Not Call Registry, and/or (b) wireless telephone numbers. The Lawsuit alleges these calls violated the Telephone Consumer Protection Act, 47 U.S.C. § 227 (the TCPA). Interstate maintains that it did not make any unsolicited telemarketing calls, or authorize any service providers to do so. It also maintains that it has strong, meritorious defenses to the claims alleged in the Lawsuit and that it was prepared to vigorously defend all aspects of the Lawsuit. Nonetheless, Interstate has agreed to the Settlement to avoid the further expense, inconvenience, and distraction of burdensome litigation. The Settlement Class includes all persons who were identified as someone who may have received one of these phone calls since June 12, 2010. Specifically, you are a Settlement Class Member if, between June 12, 2010, and January 28, 2016: (a) more than one telephone solicitation was allegedly initiated or made by or on behalf of Interstate within a twelve-month period to your telephone number that, at the time of the calls, was listed on the National Do Not Call Registry; and/or (b) a call was allegedly initiated or made by or on behalf of Interstate to your cellular telephone number. If you are a Settlement Class Member and you submit a Claims Form by March 24, 2016, you may qualify for a cash payment from the $4.2 million cash settlement fund. Your legal rights are affected whether you act or do not act. Please read the complete notice carefully. Your Legal Rights and Options in this Settlement: SUBMIT A CLAIM FORM No later than March 24, 2016 The deadline to submit a Claim Form has passed. EXCLUDE YOURSELF The deadline to request exclusion from the Settlement has passed. The deadline to object to the Settlement has passed. ATTEND THE HEARING June 7, 2016 at 10:00 a.m. Attendance at the hearing is not necessary. If you want to be heard orally (either personally or through counsel) in opposition to the Settlement, you must file a timely objection as set forth above. If you do nothing, and the Court approves the Settlement, you will be bound by all of the Settlement terms, including the releases of claims. These rights and options—and the deadlines to exercise them—are explained in the Notice. The Court in charge of this case still has to decide whether to finally approve the Settlement. Payments will be made if the Court approves the Settlement and after appeals, if any, are resolved. If you have questions, you may call the Auto Warranty TCPA Settlement Helpline at 866-963-9977 or email info@AutoWarrantyTCPA.com. You will need Adobe Reader to view documents on this site. You can learn more about Adobe Reader and download the latest version by clicking here. Provided by A.B. Data, Ltd. http://abdata.com/ http://consulting.abdata.com/ http://www.abdataclassaction.com/ http://dms.abdata.com/ http://bcc.abdata.com/ http://list.abdata.com/	cc/2019-30/en_head_0030.json.gz/line15
__label__wiki	0.699775	0.699775	The Man With the Golden Gun ActionAdventureThriller The Man with the Golden Gun is a 1974 British spy film, the ninth entry in the James Bond series and the second to star Roger Moore as the fictional MI6 agent James Bond. A loose adaptation of Ian Fleming's novel of same name, the film has Bond sent after the Solex Agitator, a device that can harness the power of the sun, while facing the assassin Francisco Scaramanga, the "Man with the Golden Gun". The action culminates in a duel between them that settles the fate of the Solex. The Man with the Golden Gun was the fourth and final film in the series directed by Guy Hamilton. The script was written by Richard Maibaum and Tom Mankiewicz. The film was set in the face of the 1973 energy crisis, a dominant theme in the script. Britain had still not yet fully overcome the crisis when the film was released in December 1974. The film also reflects the then popular martial arts film craze, with several kung fu scenes and a predominantly Asian location, being shot in Thailand, Hong Kong, and Macau. Part of the film is also set in Beirut, Lebanon, making it the first Bond film to include a Middle Eastern location. The film saw mixed reviews. Christopher Lee's performance as Scaramanga, intended to be a villain of similar skill and ability to Bond, was praised, but reviewers criticised the film as a whole, particularly the comedic approach, and some critics described it as the lowest point in the canon. Although the film was profitable, it is the fourth lowest grossing Bond film in the series. It was also the last film to be co-produced by Albert R. Broccoli and Harry Saltzman, with Saltzman selling his 50% stake in Danjaq, LLC, the parent company of Eon Productions, after the release of the film. Roger Moore (James Bond)Christopher Lee (Francisco Scaramanga)Britt Ekland (Mary Goodnight)Christopher LeeBritt EklandSir Roger MooreRoger MooreMaud Adams Guy Hamilton Tom MankiewiczRichard Maibaum You can see "The Man With the Golden Gun" on the VOD website: "The Man With the Golden Gun" is movie produced at 1974. See what information about this film we collected at our service. You can also check other movies in the same genres by click at genre name. If you are interests movies released at 1974 you can click at year. You can also check other movies with the same cas or with the same writer and director. This is very simple, just click at the name. You can also find posters, still photos and trailers connected whith this production.	cc/2019-30/en_head_0030.json.gz/line20
__label__cc	0.503374	0.496626	Burmester, K. (2011). Analytical Framework for Conjecture-based Whole-class Mathematical Discourse. Burmester, K. (2011). Triangulating Evidence to Investigate the Validity of Measures: Evidence from Discussion during Instruction, Cognitive Interviews, and Written Assessments. ERIC. Claesgens, J. (2007). Measuring the development of conceptual understanding in chemistry (phd). University of California, Berkeley. Kennedy, C. (2000). What Influences Student Learning in an Online Course? (No. BEAR Research Note). University of California, Berkeley. Kennedy, C., & Wilson, M.. (2006). Using Progress Variables to Interpret Student Achievement and Progress. University of California, Berkeley. Kennedy, C. (1998). Turning the Tables: Engaging Teachers in the Learning Process. (No. BEAR Research Note). University of California, Berkeley. Wilson, M., Sloane, K., Roberts, L., & Henke, R.. (1995). SEPUP Course I, Issues, Evidence and You: Achievement evidence from the pilot implementation. University of California, Berkeley. Wilson, M., Roberts, L., Samson, S., & Sloane, K.. (2000). SEPUP Assessment Resources Handbook (No. BEAR Report Series). University of California, Berkeley. Kennedy, C. (2003). A Primer on Design Matrices (No. BEAR Research Note). University of California, Berkeley. Kennedy, C. (1998). Online Education: Pathway or Barrier to Academic Equity. (No. BEAR Research Note). University of California, Berkeley. Draney, K., & Peres, D.. (1998). Multidimensional modeling of complex science assessment data (No. BEAR Report Series). University of California, Berkeley. Brown, N. J. S. (2005). The multidimensional measure of conceptual complexity. University of California, Berkeley. Kennedy, C. (2000). Measuring Student Variables Useful in the Study of Performance in an Online Learning Environment (No. BEAR Research Note). University of California, Berkeley. Brown, N. J. S. (2004). Interpreting Ordered Partition Model Parameters from ConQuest. University of California, Berkeley. Wilson, M., & Xie, Y.. (2004). The Imperial vs Metric Study. University of California, Berkeley. Wilson, M., & Case, H.. (1997). An Examination of Variation in Rater Severity Over Time: A Study in Rater Drift. University of California, Berkeley. Wilson, M., & Draney, K.. (1997). Developing maps for student progress in the SEPUP Assessment System. University of California, Berkeley. Sloane, K., Wilson, M., & Samson, S.. (1996). Designing an embedded assessment system: From principles to practice. University of California, Berkeley. Kennedy, C. (2005). Constructing measurement models for MRCML estimation: A primer for using the BEAR scoring engine. University of California, Berkeley. Kennedy, C. (1998). Conflicting Purposes of Higher Education: Will Improving Access to Higher Education Undermine Quality? (No. BEAR Research Note). University of California, Berkeley. Kennedy, C. (2005). The BEAR assessment system: A brief summary for the classroom context. University of California, Berkeley.	cc/2019-30/en_head_0030.json.gz/line24
__label__cc	0.746817	0.253183	Awesome Ends with Me Sneak Peek Posted on September 4, 2013 by Jamie *CONTEST CLOSED* Thank you for all of your awesome comments! We love to hear them and we love that we have a winner in abm234 thanks to Random.org. I will send out an email so that they can collect their prize. Looking forward to what the girls have in store for us next week. I bet it’s AWESOME! Are you ready for some awesome? Tabatha and Lena have this super cool, super rich, super awesome collection for us this week. I don’t know about you, but I like to surround myself with awesomeness and this kit is just that…awesomeness all compiled into a cool collection. Here is a little peek of what’s in store this week: If you’d like a chance to win Lena and Tabatha’s kit before it’s for sale just leave us a comment on this post. Wednesday night at around 9 pm PST we’ll choose ONE winner using random.org and email the lucky person links to download the kit before it’s available for sale! 71 thoughts on “Awesome Ends with Me Sneak Peek” Theresa on September 4, 2013 at 8:11 am said: Wow – great colors and love the “awesome ends with me” word art! Brendap on September 4, 2013 at 9:10 am said: Looks like an Awesome kit! Thanks for the chance. Michelle on September 4, 2013 at 9:21 am said: The colors are gorgeous! Thank you for the chance to win! Julie Stanczak on September 4, 2013 at 9:43 am said: Looks “awesome”, can’t wait to see the whole kit! Thanks for the chance to win! mscrafts8 on September 4, 2013 at 9:52 am said: Wow – this looks AWESOME!! Love it!! Thanks for the chance to win it! Di on September 4, 2013 at 10:20 am said: Stunning preview. Thx for the chance! :))) Karen K. on September 4, 2013 at 12:13 pm said: Love these fall-looking colors! Thanks for the chance! Netsky on September 4, 2013 at 1:26 pm said: Love the name! That is so clever! Really like the color scheme too. Thank you for the chance to win it! Jen L on September 4, 2013 at 2:06 pm said: love love love the colors! thanks for always giving a chance to win! You guys are fabulous! 🙂 Christine Elizabeth on September 4, 2013 at 2:06 pm said: LOVE LOVE !!!!! thanks for the chance to win Stephanie on September 4, 2013 at 2:06 pm said: Oh my! I think I love each kit more and more! Thanks for the chance to win! Tanja Blaufelder on September 4, 2013 at 2:09 pm said: The kit looks very pretty! Thank you so much for the chance to win!! Jarmila on September 4, 2013 at 2:11 pm said: Thanks for the lovely chance. Jill Garrison on September 4, 2013 at 2:12 pm said: Love everything you all do! Cindy on September 4, 2013 at 2:12 pm said: Looks like a great theme and very fitting for my kiddos! Jacqui on September 4, 2013 at 2:12 pm said: another great one. Love the colors Cassie K on September 4, 2013 at 2:13 pm said: Love the colors, love the name. Thanks for a chance to win such a beautiful kit! 😀 Robin on September 4, 2013 at 2:17 pm said: Thanks so much for the chance to win your awesome new kit! Carolyn on September 4, 2013 at 2:18 pm said: Mary on September 4, 2013 at 2:18 pm said: Your kits are wonderful! Looks like another awesome kit! Thanks for the chance at winning. 🙂 Rae Brown on September 4, 2013 at 2:19 pm said: Wow! Lovin the colors! Thanks for the opportunity to win!!! Suzan on September 4, 2013 at 2:19 pm said: Love the title of this collection and the colors too thanks for the chance shelby on September 4, 2013 at 2:21 pm said: DoggiNo on September 4, 2013 at 2:23 pm said: Love the rich colors ! tamie on September 4, 2013 at 2:23 pm said: fantastic peek, tyvm for chance to win Missy on September 4, 2013 at 2:23 pm said: Love the name. Looks amazing 🙂 Emily on September 4, 2013 at 2:25 pm said: Loooove these colors! Definitely grabbing this kit when it hits the shop, LOL! Mo0nie on September 4, 2013 at 2:27 pm said: WOw,that is so amazing. Thanks a lot for the chance 😀 Karen Diebolt on September 4, 2013 at 2:29 pm said: What an awesome giveaway. I love the colors. Emily Humphries on September 4, 2013 at 2:32 pm said: gina on September 4, 2013 at 2:33 pm said: Love the colors! Can’t wait to see the rest 🙂 Mosley on September 4, 2013 at 2:35 pm said: Great colors, love them and can’t wait to see the whole kit. Thanks for the chance to win! Darinka on September 4, 2013 at 2:38 pm said: This looks awesome ^^ Penny on September 4, 2013 at 2:39 pm said: So much fun. Love the colors. Thanks for the chance to win. Emily H on September 4, 2013 at 2:39 pm said: Fall colors!! love em! Nicole on September 4, 2013 at 2:39 pm said: Such a cute sneak peek!!! 🙂 Can’t wait to see the whole kit! Thanks for the chance to win! Ivy Peralta on September 4, 2013 at 2:42 pm said: Love that colors! Awesome web page love it since i discovered… Kay on September 4, 2013 at 2:43 pm said: Loving these colors! Can’t wait to see the full kit! karla on September 4, 2013 at 2:45 pm said: Perfect kit for my awesome, cool kids! 🙂 Thank you for the chance to win! catschwartz on September 4, 2013 at 2:47 pm said: Looks like another great kit! I am glad some of the kits coordinate with each other too! Thanks for the chance to win! Sherri on September 4, 2013 at 2:54 pm said: Love the colors!! Can’t wait to see the whole kit! origami on September 4, 2013 at 2:57 pm said: Awesome kit!!! Love the colors and patterns!!! Brittney on September 4, 2013 at 3:00 pm said: Oh man, I’m loving everything I can see, can’t wait to see the whole thing! Love the colors, as always! Thanks for the chance! Leontine on September 4, 2013 at 3:03 pm said: Yay, love the colors of this one! Sheila Irish on September 4, 2013 at 3:12 pm said: LOVE the colors! Thank you for the chance to win! Shawna W on September 4, 2013 at 3:29 pm said: Thanks for the chance to win – love, love, love the kit. My husband’s motto as a high school teacher – “Today – be awesome”. What a perfect kit 😀 Jennifer bc on September 4, 2013 at 3:31 pm said: I just love these colors! Romina on September 4, 2013 at 3:41 pm said: Lovely! Thanks for the chance!!! Lorry on September 4, 2013 at 3:56 pm said: Kimberly F on September 4, 2013 at 3:57 pm said: looks like another awesome kit!! Christie on September 4, 2013 at 4:28 pm said: Awesome, thanks for the chance SharonB on September 4, 2013 at 4:30 pm said: Definitely looks Awesome!!…thanks for the chance to win. Alquafea on September 4, 2013 at 4:33 pm said: Great looking kit. Thanks for the chance to win. Rhadonda on September 4, 2013 at 4:37 pm said: Colors look great. Sweetness! Love it…thanks for the chance as always. Debbie on September 4, 2013 at 5:21 pm said: Love the chance to win. thanks so much Meagan43 on September 4, 2013 at 5:21 pm said: Love those colors Lindsay on September 4, 2013 at 5:50 pm said: Can’t wait to see the next reveal! Cori D on September 4, 2013 at 6:13 pm said: I think I’m going to love the colors in there! Can’t wait to see it! Thank you for the chance to win it! Teri on September 4, 2013 at 6:22 pm said: Love it! Colours and name too. andrea f on September 4, 2013 at 6:34 pm said: great summer palette…and one paper that reminds me of a quilt pattern…ooo this could be very fun! thanks for the chance to win! fl_connie on September 4, 2013 at 6:42 pm said: Looks like another of your fabulous kits! Thanks for a chance to win it! Ana on September 4, 2013 at 6:54 pm said: Thanks for the chance!!! StaceyL on September 4, 2013 at 7:25 pm said: Awesome Ends with Me . . .HA! Love it:) stacey on September 4, 2013 at 7:50 pm said: the kit is gorgeous! thank you so much for the chance! Christie ~Chippi~ on September 4, 2013 at 7:58 pm said: Very cool! I hope I’m not too late. I’ve lost track of the time difference 😛 Thanks for the chance to win! Leia on September 4, 2013 at 8:07 pm said: I want this one – wow, great colors and patterns!!! <3 Thank you for the chance to win! 🙂 Sylvia on September 4, 2013 at 8:24 pm said: I do I do. helen on September 4, 2013 at 9:53 pm said: Love it! I have a “coolest kid ever” I’d love to use this for! michelle on September 4, 2013 at 11:37 pm said: i love the beautiful fall colors. thanks for the chance Emma Doan on September 4, 2013 at 11:43 pm said: Awesome! Love this kit 😡	cc/2019-30/en_head_0030.json.gz/line25
__label__wiki	0.702264	0.702264	Army Air Defence celebrates 25th Raising Day New Delhi: The Army Air Defence Corps on Wednesday celebrated its 25th Raising Day, with Adjutant General and Senior Colonel Commandant Lt General Ashwani Kumar along with Lt General P.S. Jaggi and veterans laying wreaths at the Amar Jawan Jyoti here to pay homage to the braves in a solemn ceremony. The Corps of Army Air Defence was raised on January 10, 1994, and since then has grown in stature and has proved its mettle in all major conflicts in the past, an official statement said.The Corps is now going through a transformative period of modernisation with the induction of new weapon systems and upgradation of the existing ones. The raising of the Akash Regiments and planned induction of MRSAM have been game changers in the battle of skies, providing the ground forces with more freedom, manoeuvrability and security. "In the next few years, the Corps will transform into a technologically advanced combat force," the statement said. Army,Air Defence,Commandant,MRSAM,transform	cc/2019-30/en_head_0030.json.gz/line27
__label__cc	0.523239	0.476761	Chris Jury signed 8x10 Eric Catchpole in Lovejoy photograph. Signed by Chris Jury in black marker pen, Chris Jury was one of the main characters playing Eric Catchpole in the brilliant TV series Lovejoy. Lovejoy is a British television comedy-drama mystery series, based on the picaresque novels by John Grant, under the pen name Jonathan Gash. The show, which ran to 71 episodes over six series, was originally broadcast on BBC1 between 10 January 1986 and 4 December 1994, although there was a five year gap between the first and second series. It was adapted for television by Ian La Frenais.	cc/2019-30/en_head_0030.json.gz/line28
__label__cc	0.518911	0.481089	The Dressmaker 05 January 2018 2015 drama, dir. Jocelyn Moorhouse, Kate Winslet, Judy Davis: IMDb / allmovie. In 1950s rural Australia, Tilly Dunnage is coming home to upend the small town that threw her out as a child. The trailer made it look like Tamara Drewe or Cold Comfort Farm transplanted to Australia, the sophisticated urban woman confusing the rurals, and there's certainly some of that here; but while there's comedy, there's a whole lot more anger. Tilly was sent away for a reason that she can't quite remember, but she's sure it's not resolved even now. I'm not going to talk much about the story, though, because it's worth coming to it unexpectedly; there are moments of discovery that I am sure will lose their force on a re-watch. Yes, there's turning of the local geese into swans. But there's also the uncovering of the town's many semi-open secrets, and resolution of them, and whether the resolutions are for good or ill they do at least allow things to move forward. There's something here that one rarely sees in the world of male filmmakers: real complexity to and differentiation of the female characters, as well as a fair amount of female gaze (largely at Liam Hemsworth as Teddy, the local hunk who decides he has a crush on Tilly). Even when she's about to kiss Teddy, Tilly can't quite relax, always has to be aware of the potential for things to go suddenly and horribly wrong, and this is wordlessly but superbly portrayed by Winslet. Combine this with much of the visual and auditory grammar of a spaghetti Western, and this is a film that clearly brings its own material as well as being an adaptation of a book. (Indeed, certain events surrounding the ending are deliberately changed, in a way that makes more sense to me than the novel's version.) The film was a success in Australia, but barely promoted elsewhere. Now that she's Old (over 40!), Hollywood would clearly much rather have Winslet, known for her tough female characters, playing simple villainous roles like Jeanine in Divergent or Irina in the utterly disposable crime thriller Triple 9, nice safe scenery-chewers who get what's coming to them. Trailer here; MaryAnn Johanson's review here.	cc/2019-30/en_head_0030.json.gz/line34
__label__wiki	0.966046	0.966046	Asteroid-Smashing Mission Picks Space Rock Target A mission that aims to slam a spacecraft into a near-Earth asteroid now officially has a target — a space rock called Didymos. The joint European/U.S. Asteroid Impact and Deflection Assessment mission, or AIDA, will work to intercept Didymos in 2022, when the space rock is about 6.8 million miles (11 million kilometers) from Earth, European Space Agency officials announced Friday (Feb. 22). Didymos is actually a binary system, in which a 2,625-foot-wide (800 meters) asteroid and a 490-foot (150 m) space rock orbit each other. Didymos poses no threat to Earth in the foreseeable future. The proposed asteroid-smashing AIDA mission will send one small probe crashing into the smaller asteroid at about 14,000 mph (22,530 kph) while another spacecraft records the dramatic encounter. Meanwhile, Earth-based instruments will record so-called ”ground-truthing” observations. The goal is to learn more about how humanity could ward off a potentially dangerous space rock. The necessity of developing a viable deflection strategy was underlined in many people’s minds by the events of last Friday (Feb. 15), when the 130-foot (40 m) asteroid 2012 DA14 gave Earth a historically close shave just hours after a 55-foot (17 m) object exploded above the Russian city of Chelyabinsk, injuring 1,200 people and damaging thousands of buildings. The AIDA impact will unleash about as much energy as that released when a big piece of space junk hits a satellite, researchers said, so the mission could also help improve models of space-debris collisions. “The project has value in many areas, from applied science and exploration to asteroid resource utilization,” Andy Cheng, AIDA lead at Johns Hopkins University’s Applied Physics Laboratory, said in a statement. The European Space Agency (ESA) has asked scientists around the world to propose experiments that AIDA could carry in space or that could increase its scientific return from the ground. Researchers have until March 15 to pitch their ideas. Johns Hopkins’ Applied Physics Laboratory is providing AIDA’s impactor, which is called DART (short for Double Asteroid Redirection Test). The observing spacecraft is known as AIM (Asteroid Impact Monitor) and will come from ESA. Follow SPACE.com senior writer Mike Wall on Twitter @michaeldwall or SPACE.com @Spacedotcom. We’re also on Facebook and Google+. Title Post: Asteroid-Smashing Mission Picks Space Rock Target Url Post: http://www.news.fluser.com/asteroid-smashing-mission-picks-space-rock-target/ Link To Post : Asteroid-Smashing Mission Picks Space Rock Target Vatican 'Gay lobby'? Probably not Benedict XVI not stepping down under pressure from 'gay lobby,' Allen says Allen: Benedict is a man who prefers the life of the mind to the nuts and bolts of government However, he says, much of the pope's time has been spent putting out fires Editor's note: John L. Allen Jr. is CNN's senior Vatican analyst and senior correspondent for the National Catholic Reporter. (CNN) -- Suffice it to say that of all possible storylines to emerge, heading into the election of a new pope, sensational charges of a shadowy "gay lobby" (possibly linked to blackmail), whose occult influence may have been behind the resignation of Benedict XVI, would be right at the bottom of the Vatican's wish list. Proof of the Vatican's irritation came with a blistering statement Saturday complaining of "unverified, unverifiable or completely false news stories," even suggesting the media is trying to influence the papal election. Two basic questions have to be asked about all this. First, is there really a secret dossier about a network of people inside the Vatican who are linked by their sexual orientation, as Italian newspaper reports have alleged? Second, is this really why Benedict XVI quit? John L. Allen Jr. The best answers, respectively, are "maybe" and "probably not." It's a matter of record that at the peak of last year's massive Vatican leaks crisis, Benedict XVI created a commission of three cardinals to investigate the leaks. They submitted an eyes-only report to the pope in mid-December, which has not been made public. It's impossible to confirm whether that report looked into the possibility that people protecting secrets about their sex lives were involved with the leaks, but frankly, it would be surprising if it didn't. There are certainly compelling reasons to consider the hypothesis. In 2007, a Vatican official was caught by an Italian TV network on hidden camera arranging a date through a gay-oriented chat room, and then taking the young man back to his Vatican apartment. In 2010, a papal ceremonial officer was caught on a wiretap arranging liaisons through a Nigerian member of a Vatican choir. Both episodes played out in full public view, and gave the Vatican a black eye. In that context, it would be a little odd if the cardinals didn't at least consider the possibility that insiders leading a double life might be vulnerable to pressure to betray the pope's confidence. That would apply not just to sex, but also potential conflicts of other sorts too, such as financial interests. Vatican officials have said Benedict may authorize giving the report to the 116 cardinals who will elect his successor, so they can factor it into their deliberations. The most immediate fallout is that the affair is likely to strengthen the conviction among many cardinals that the next pope has to lead a serious house-cleaning inside the Vatican's bureaucracy. It seems a stretch, however, to suggest this is the real reason Benedict is leaving. For the most part, one should probably take the pope at his word, that old age and fatigue are the motives for his decision. That said, it's hard not to suspect that the meltdowns and controversies that have dogged Benedict XVI for the last eight years are in the background of why he's so tired. In 2009, at the height of another frenzy surrounding the lifting of the excommunication of a Holocaust-denying traditionalist bishop, Benedict dispatched a plaintive letter to the bishops of the world, voicing hurt for the way he'd been attacked and apologizing for the Vatican's mishandling of the situation. Even if Benedict didn't resign because of any specific crisis, including this latest one, such anguish must have taken its toll. Benedict is a teaching pope, a man who prefers the life of the mind to the nuts and bolts of government, yet an enormous share of his time and energy has been consumed trying to put out internal fires. It's hard to know why Benedict XVI is stepping off the stage, but I doubt it is because of a "gay lobby." Follow us on Twitter @CNNOpinion. Join us on Facebook/CNNOpinion. The opinions expressed in this commentary are solely those of John L. Allen Jr. State lawmaker's bill seeks to limit use of drones to fight crime SPRINGFIELD — As the Obama administration comes under fire for its use of unmanned drones in foreign lands, a state senator is pressing to have Illinois join the national debate on whether states should regulate drones to ensure the high-tech snooping isn't used to invade the privacy of ordinary citizens on U.S. soil. Democratic Sen. Daniel Biss has introduced legislation that would require police to get a search warrant before using a drone to gather evidence. Along with banning the use of lethal and nonlethal weapons on the drones — except in emergencies — the proposal would require information a drone gathers to be destroyed unless it is part of an investigation. Under the legislation, Illinois would step up to combat the issue of drones flying over U.S. airspace. President Barack Obama signed a Federal Aviation Administration mandate last year requesting the agency integrate unmanned aircraft into the national system. With the possibility of drones becoming the latest aircraft traversing the skies, Biss said this is "the exact moment states should be looking into" unmanned aircraft legislation. "We're heading into a world where technology surveillance is unreal," the Evanston lawmaker said. More than 20 states are pursuing similar legislation, according to the National Conference of State Legislatures. While some states are trying to regulate unmanned aircraft use, others are trying to impose moratoriums that ban them, Biss said. Virginia lawmakers approved a two-year moratorium on the aircraft in the state last week to allow time for a study. The legislation awaits the governor's signature. In Illinois, authorities in Cook and Champaign counties are considering the use of drones to combat crime. Cook County Sheriff Tom Dart is in the "exploratory stages" of looking into drone technology for future operations, spokesman Frank Bilecki said. If the county were to employ any drones, they would be "specifically for law enforcement use" and not to invade personal privacy, Bilecki said. Dart's thinking is that drones would be cheaper to use and cost less taxpayer money than using helicopters for aerial operations, Bilecki said. A small, unmanned aircraft used for search and rescue can cost on average between $38,000 and $50,000, much less than in years past, said James Hill, president of AirCover Integrated Solutions, a California-based drone manufacturer. To gain traction at the Capitol, Biss potentially might have to overcome resistance from law enforcement leaders. To that end, Biss said he's talking with police chiefs, the Illinois State Police and other police agencies to iron out any wrinkles. The American Civil Liberties Union thinks the time is ripe to look at drone regulations. "Technology is changing," said Ed Yohnka, spokesman for the ACLU's Illinois chapter. "And the idea is we need to get ahead of the technology to be better prepared." raguerrero2@tribune.com Investors face another Washington deadline NEW YORK (Reuters) - Investors face another Washington-imposed deadline on government spending cuts next week, but it's not generating the same level of fear as two months ago when the "fiscal cliff" loomed large. Investors in sectors most likely to be affected by the cuts, like defense, seem untroubled that the budget talks could send stocks tumbling. Talks on the U.S. budget crisis began again this week leading up to the March 1 deadline for the so-called sequestration when $85 billion in automatic federal spending cuts are scheduled to take effect. "It's at this point a political hot button in Washington but a very low level investor concern," said Fred Dickson, chief market strategist at D.A. Davidson & Co. in Lake Oswego, Oregon. The fight pits President Barack Obama and fellow Democrats against congressional Republicans. Stocks rallied in early January after a compromise temporarily avoided the fiscal cliff, and the Standard & Poor's 500 index <.spx> has risen 6.3 percent since the start of the year. But the benchmark index lost steam this week, posting its first week of losses since the start of the year. Minutes on Wednesday from the last Federal Reserve meeting, which suggested the central bank may slow or stop its stimulus policy sooner than expected, provided the catalyst. National elections in Italy on Sunday and Monday could also add to investor concern. Most investors expect a government headed by Pier Luigi Bersani to win and continue with reforms to tackle Italy's debt problems. However, a resurgence by former leader Silvio Berlusconi has raised doubts. "Europe has been in the last six months less of a topic for the stock market, but the problems haven't gone away. This may bring back investor attention to that," said Kim Forrest, senior equity research analyst at Fort Pitt Capital Group in Pittsburgh. OPTIONS BULLS TARGET GAINS The spending cuts, if they go ahead, could hit the defense industry particularly hard. Yet in the options market, bulls were targeting gains in Lockheed Martin Corp , the Pentagon's biggest supplier. Calls on the stock far outpaced puts, suggesting that many investors anticipate the stock to move higher. Overall options volume on the stock was 2.8 times the daily average with 17,000 calls and 3,360 puts traded, according to options analytics firm Trade Alert. "The upside call buying in Lockheed solidifies the idea that option investors are not pricing in a lot of downside risk in most defense stocks from the likely impact of sequestration," said Jared Woodard, a founder of research and advisory firm condoroptions.com in Forest, Virginia. The stock ended up 0.6 percent at $88.12 on Friday. If lawmakers fail to reach an agreement on reducing the U.S. budget deficit in the next few days, a sequester would include significant cuts in defense spending. Companies such as General Dynamics Corp and Smith & Wesson Holding Corp could be affected. General Dynamics Corp shares rose 1.2 percent to $67.32 and Smith & Wesson added 4.6 percent to $9.18 on Friday. EYES ON GDP DATA, APPLE The latest data on fourth-quarter U.S. gross domestic product is expected on Thursday, and some analysts predict an upward revision following trade data that showed America's deficit shrank in December to its narrowest in nearly three years. U.S. GDP unexpectedly contracted in the fourth quarter, according to an earlier government estimate, but analysts said there was no reason for panic, given that consumer spending and business investment picked up. Investors will be looking for any hints of changes in the Fed's policy of monetary easing when Fed Chairman Ben Bernake speaks before congressional committees on Tuesday and Wednesday. Shares of Apple will be watched closely next week when the company's annual stockholders' meeting is held. On Friday, a U.S. judge handed outspoken hedge fund manager David Einhorn a victory in his battle with the iPhone maker, blocking the company from moving forward with a shareholder vote on a controversial proposal to limit the company's ability to issue preferred stock. (Additional reporting by Doris Frankel; Editing by Kenneth Barry) Dozens hurt after crash debris hits Daytona stands DAYTONA BEACH, Fla. (AP) — With the start of the Daytona 500 just hours away, NASCAR officials still have some cleaning up to do amid growing questions about fan safety. The season opener will go off as planned Sunday less than 24 hours after at least 33 people were injured when a car flew into the fence during a NASCAR race at Daytona International Speedway, sending a tire and large pieces of debris sailing into the stands. "Just seeing the carnage on the racetrack, it was truly unbelievable," driver Justin Allgaier said. The final-lap accident Saturday marred the second-tier Nationwide Series race on the eve of a spectacle often called the Super Bowl of motorsports. Late into the night, track workers were scrambling to repair a huge section of fence that separates fans from the high-speed track. Speedway President Joie Chitwood III has a news conference scheduled for Sunday morning to give the latest update on repairs and any safety changes that could be made before the "Great American Race." The 12-car crash began about 200 feet from the start-finish line as the front-runners approached the checkered flag. Leader Regan Smith attempted to block Brad Keselowski for the win, triggering a horrific pileup that could have been much worse. The front end of Larson's No. 32 car was sheared off, and his burning engine wedged through a gaping hole in the fence. Parts and pieces of his car sprayed into the stands, including a tire that cleared the top of the fence and landed midway up the spectator section closest to the track. The 20-year-old Larson stood in shock a few feet from his car as fans in the stands waved frantically for help. Smoke from the burning engine briefly clouded the area, and emergency vehicles descended on the scene. Ambulance sirens could be heard wailing behind the grandstands at a time the race winner would typically be doing celebratory burnouts. "It was freaky. When I looked to my right, the accident happened," Rick Harpster of Orange Park said. "I looked over and I saw a tire fly straight over the fence into the stands, but after that I didn't see anything else. That was the worst thing I have seen, seeing that tire fly into the stands. I knew it was going to be severe." Shannan Devine of Egg Harbor Township, N.J., was sitting about 250 feet from where the car smashed into the fence and could see plumes of smoke directly in front of her. "I didn't know if there was a car on top of people. I didn't know what to think," she said. "I'm an emotional person and I immediately started to cry. It was very scary. Absolutely scary. I love the speed of the sport. But it's so dangerous." Chitwood said 14 fans were treated on site and 14 others were taken to hospitals. Local officials said 19 people were taken to neighboring hospitals, including two who were in critical but stable condition. Because of potential injuries, race winner Tony Stewart skipped the traditional victory celebration. Stewart, who won for the 19th time at Daytona and seventh time in the last nine season-opening Nationwide races, was in no mood to celebrate. "The important thing is what is going on on the frontstretch right now," said Stewart, a three-time NASCAR champion. "We've always known, and since racing started, this is a dangerous sport. But it's hard. We assume that risk, but it's hard when the fans get caught up in it. "So as much as we want to celebrate right now and as much as this is a big deal to us, I'm more worried about the drivers and the fans that are in the stands right now because that was ... I could see it all in my mirror, and it didn't look good from where I was at." There were at least five stretchers carrying injured people out of the stands, and a helicopter flew overhead. Officials turned their attention to the track and the wreckage after injured were treated. A forklift plucked Larson's engine out of the fence, and workers carried the tire out of the stands. It was a chaotic finish to a race that was stopped for nearly 20 minutes five laps from the finish by a 13-car accident that sent driver Michael Annett to a hospital. His Richard Petty Motorsports team said he would be held overnight with bruising to his chest. The race resumed with three laps to go, and the final accident occurred with Smith trying to hold off Keselowski through the final turn. "It's Daytona. You want to go for the win here," Smith said. "I don't know how you can play it any different, other than concede second place, and I wasn't willing to do that today. Our job is to put them in position to win, and it was, and it didn't work out." As the cars began wrecking all around Smith and Keselowski, Stewart slid through for the win, but Larson plowed into Keselowski and his car was sent airborne into the fence. When Larson's car came to a stop, it was missing its entire front end. Larson, who made his Daytona debut this week, stood with his hands on his hips before finally making the mandatory trip to the care center. "I took a couple big hits there and saw my engine was gone," Larson said. "Just hope everybody's all right." It appeared fans were lined up along the fence when Larson's car got airborne. But Chitwood said there was a buffer, adding there would be no changes to the seating before the Daytona 500. "We don't anticipate moving any of our fans," Chitwood said. "We had our safety protocols in place. Our security maintained a buffer that separates the fans from the fencing area. With the fencing being prepared tonight to our safety protocols, we expect to go racing tomorrow with no changes." Keselowski watched a replay of the accident and said it could cast a pall on the Daytona 500. "I think until we know exactly the statuses of everyone involved, it's hard to lock yourself into the 500," Keselowski said. "Hopefully, we'll know soon and hopefully everyone's OK. And if that's the case, we'll staring focusing on Sunday." AP Sports Writers Jenna Fryer, Dan Gelston and Jerome Minerva in Daytona Beach and Associated Press writer Jennifer Kay in Miami contributed to this report. The Oscars just don't matter Best: Billy Crystal Best: Johnny Carson Best: Steve Martin and Alec Baldwin Best: Bob Hope Best: Whoopi Goldberg Honorable mention: Jon Stewart Worst: David Letterman Worst: Chris Rock Worst: Chevy Chase Worst: Jerry Lewis Worst: Anne Hathaway and James Franco Dean Obeidallah would love an Oscar, but thinks they mostly don't matter in long run He says telecast not the draw it once was, and winning doesn't mean bigger box office He says for stars win often doesn't mean work; award season makes Oscars anticlimatic Obeidallah: Why not give Oscar awards first, then follow with smaller awards later? Editor's note: Dean Obeidallah, a former attorney, is a political comedian and frequent commentator on various TV networks including CNN. He is the editor of the politics blog "The Dean's Report" and co-director of the upcoming documentary, "The Muslims Are Coming!" Follow him on Twitter: @deanofcomedy. (CNN) -- If I won an Oscar, I'd carry it around it with me everywhere. I'd start every conversation with, "Well, as an Oscar winner..." I'd wear a pin that says, "Ask me about my Oscar." I might even get a tattoo on my neck of the golden figurine. But that's just me. Because beyond the personal thrill of winning, the Oscars don't matter. The golden statue is increasingly becoming nothing more than a shiny paperweight. Dean Obeidallah And I say this as someone who loves movies, appreciates the talented people who make them and has long watched the awards show. But in three categories the Academy Awards have lost their luster: the TV telecast, the box office impact of the awards on movies and their effect on people's acting careers. Are viewers particularly interested in watching the Oscars? Not so much. TV ratings show pretty clearly that percentage of people watching the Academy Awards has trended downward over the years. For example, in 2000, nearly 47% of the people watching TV on Oscar night watched the Academy Awards. It has not been that high since, and in 2012, the number had fallen to 34%. In fact, the 2012 Grammy awards had higher overall ratings than that year's Oscar telecast. Why? There's almost no surprise left. Viewers have a fairly good idea of who will win every big award after the parade of award shows that queue up in the weeks before the Oscars. There are so many! The Golden Globes, Screen Actors Guild, Director's Guild, Producers Guild, the guys who run the deli by my apartment award show, etc. Oscar night feels more like a coronation than an actual awards show. The only Oscar surprise this year -- and it's not one that will help the TV ratings -- is the Academy voters' bizarre snub of Ben Affleck for a Best Director nomination for his film "Argo." Affleck won Best Director honors at this year's Golden Globes, as well as at the Director's Guild, SAG and Producer's Guild awards. He even won the best director prize at the British Academy Awards. Apparently, the Academy voters still won't forgive Affleck for the stinker "Gigli." Bergen: 'Zero Dark Thirty': Did torture really net bin Laden? In the category of how much does an Oscar help your film at the box office, the envelope says: Not much. Sure, there's an "Oscar bump," but look at the 2009 Best Picture winner, "The Hurt Locker." It ended up grossing only $17 million in the United States. Keep in mind that $100 million in domestic box office receipts is generally considered a hit. $17 million is a bomb. Also last year's Oscar winner for Best Picture, "The Artist," ended up earning approximately $45 million in U.S. theaters. No boffo hit there. Cullen: With 'Lincoln', a new frontier for Day-Lewis And here's something that the Academy Awards hate to hear: Winning a Golden Globe has proven to be much more profitable for a movie than winning an Oscar. That is at least according to a recent analysis that looked at award-wining films over the past 12 years. Edmund Helmer, a statistician whose website, BoxOfficeQuant.com, analyzes film industry statistics found that movies that won an Academy Award had on average a $3 million bump in box office sales. However, Golden Globe winners saw on average a pop of $14 million. Pretty big dollar difference. And in the category of how much does an Oscar help your acting career, there's no denying it can help. But Oscar gold doesn't always translate into personal gold. Many talented actors and actress have won this coveted award only to find themselves with little film work a few years later. I'm talking Oscar winners like Mira Sorvino, Joe Pesci, Louis Gossett Jr. and Kim Basinger. Williams: Django, in chains Perhaps the most glaring example of this is actress/comedian Mo'Nique, who won the 2009 Best Supporting Actress award for her role in "Precious." According to the Internet Movie Date Base (IMDb), her only movie since her Oscar triumph went straight to video. Conversely, there's a long list of amazingly talented actors and actresses who have yet to win an Oscar. A partial list includes Leonardo DiCaprio, Julianne Moore, Tom Cruise, Gary Oldman, Johnny Depp and Annette Benning. Obviously, Academy Awards organizers have little impact on some of these issues. But one change they can consider is moving the Oscars up to take place before the other award shows -- like states in the presidential primaries. At least then the Academy Awards will provide real drama as to winners and losers. Despite knowing the likely winners, I'm still looking forward to watching Sunday's Oscars. This year's host is the very funny Seth Macfarlane. Although I think the funniest moment of the awards' show may be when Russell Crowe sings a song from "Les Misérables." The opinions expressed in this commentary are solely those of Dean Obeidallah. 2 hurt, 19 arrested in melee near Ford City Mall Two people suffered minor injuries and police arrested 19 teenagers during a disturbance involving crowds of young people Saturday at Ford City Mall on the Southwest Side, authorities said. About 4:45 p.m., a large group of disruptive teens ran yelling through the mall, which is located at 7601 S. Cicero Ave., according to a mall official. Officials closed the mall minutes later, but the chaotic scene continued outside, where police found between 100 and 200 people damaging vehicles in the shopping center's parking lot, according to a police report. Two people were taken to hospitals, according to Chicago Fire Department Chief Joe Roccasalva, a department spokesman. A CTA bus driver suffered minor injuries and was taken to Holy Cross Hospital, said Roccasalva, who added he did not know what happened to him. A “kid’’ was also hurt, and that person was taken to Advocate Christ Medical Center in Oak Lawn, also in good condition, Roccasalva said. About 50 police squad cars assigned to multiple South Side districts, including Chicago Lawn, Englewood and Deering, and a helicopter responded to the scene, police said. Traffic came to a standstill as teenagers jumped on cars, both parked and moving, according to a police report obtained by the Tribune. Many of those involved ignored orders to disperse, and police arrested 19 people between the ages of 13 and 17, according to police. The teenagers all face minor misdemeanor charges. Officers did their best to control the disturbance, "trying to get everyone out of there safely," Chicago Police Department News Affairs Officer Veejay Zala said. During the disturbance the CTA had to reroute the No. 79 buses, which travel on 79th Street, as well as other buses in the immediate area. Earlier in the afternoon, members of the teen band Mindless Behavior had appeared at the mall food court from 2 p.m. to 4 p.m. to promote their new release, "All Around the World," said John Sarama, the mall's senior general manager. The band's autograph signing drew approximately 1,000 parents and children, primarily mothers and girls between the ages of 6 and 13, Sarama said. About 45 minutes after the band left, the chaos began, Sarama said. "A group of older youths came into the mall with the intent of causing havoc and chaos and were running through the mall, screaming, yelling and so forth," he said. Security staff contacted the police department, and mall officials closed the mall about 5 p.m., Sarama said. The mall did not sustain any property damage apart from a single broken planter, and it will reopen Sunday at 11 a.m. as usual, Sarama said. In the meantime, mall officials are at a loss as they try to understand what happened. "Ford City is a family-oriented mall," he said. "We have not had an incident like this [in the past], and I’m still in a little bit of a state of shock actually. "What would make these youths comes here to try and cause this kind of commotion and trouble?" he continued. "I don’t know. But they did have a plan in mind." Tribune reporter Adam Sege contributed. rsobol@tribune.com Italians head to polls in crucial vote for euro zone ROME (Reuters) - Italians began voting on Sunday in one of the most closely watched elections in years, with markets nervous about whether it will produce a strong government to pull Italy out of recession and help resolve the euro zone debt crisis. A huge final rally by anti-establishment-comedian-turned-politician Beppe Grillo on Friday before a campaigning ban kicked in has highlighted public anger at traditional parties and added to uncertainty about the election outcome. Voters started casting their ballots at 0700 GMT. Polling booths will remain open until 2100 GMT on Sunday and between 0600-1400 GMT on Monday. Exit polls will come out soon after voting ends and official results are expected by early Tuesday. The election is being followed closely by financial markets with memories still fresh of the potentially catastrophic debt crisis that brought technocrat Prime Minister Mario Monti to power more than a year ago. Italy, the euro zone's third-largest economy, is stuck in deep recession, struggling under a public debt burden second only to Greece's in the 17-member currency bloc and with a public weary of more than a year of harsh austerity policies. Final polls published two weeks ago showed center-left leader Pier Luigi Bersani with a 5-point lead, but analysts disagree about whether he will be able to form a stable majority that can push though the economic reforms Italy needs. Bersani is now thought to be just a few points ahead of center-right rival Silvio Berlusconi, the four-times prime minister who has promised tax refunds and staged a media blitz in an attempt to win back voters. BERLUSCONI CRITICISM Berlusconi hogged the headlines on Sunday after he broke the campaign silence the previous evening attack magistrates, saying they were "more dangerous than the Sicilian mafia" and had invented allegations he held sex parties to discredit him. The 76-year-old billionaire, who faces several trials on charges ranging from fraud to sex with an underage prostitute, was criticized by his election rivals for making the comments after the campaigning ban had come into force. While the center left is still expected to gain control of the lower house, thanks to rules that guarantee a strong majority to whichever party wins the most votes nationally, a much closer battle will be fought in the Senate, which any government also needs to control to be able to pass laws. Seats in the upper house are awarded on a region-by-region basis, meaning that support in key regions can decisively influence the overall result. Pollsters still believe the most likely outcome is a center-left government headed by Bersani and possibly backed by Monti, who is leading a centrist coalition. But strong campaigning by Berlusconi and the fiery Grillo, who has drawn tens of thousands to his election rallies, have thrown the election wide open, causing concern that there may be no clear winner. Surveys have shown up to 5 million voters are expected to make up their minds at the last minute, adding to uncertainty. Italy's Interior Ministry urged some 47 million eligible voters to not let bad weather forecasts put them off, and said it was prepared to handle snowy conditions in some northern regions to ensure everyone had a chance to vote. STAGNANT ECONOMY Whatever government emerges from the vote will have the task of pulling Italy out of its longest recession for 20 years and reviving an economy largely stagnant for two decades. The main danger for Italy and the euro zone is a weak government incapable of taking firm action, which would rattle investors and could ignite a new debt crisis. Monti replaced Berlusconi in November 2011 after Italy came close to Greek-style financial meltdown while the center-right government was embroiled in scandals. The former European Commissioner launched a tough program of spending cuts, tax hikes and pension reforms which won widespread international backing and helped restore Italy's credibility abroad after the scandals of the Berlusconi era. Italy's borrowing costs have since fallen sharply after the European Central Bank pledged it was prepared to support countries undertaking reforms by buying unlimited quantities of their bonds on the markets. But economic austerity has fuelled anger among Italians grappling with rising unemployment and shrinking disposable incomes, encouraging many to turn to Grillo, who has tapped into a national mood of disenchantment. (Editing by Alison Williams) Exxon lifts force majeure on Nigerian Qua Iboe crude NEW YORK (Reuters) – Exxon Mobil Corp has lifted a force majeure on the Nigerian Qua Iboe crude stream put in place on February 7, the company said in a statement on Friday. The company said that pipeline work had prompted the declaration. “Mobil Producing Nigeria, operator of the Nigerian National Petroleum Corporation, (NNPC)/MPN Joint Venture today confirms that it has lifted the Force Majeure it declared on February 7, 2013,” the company said in a statement. “We express gratitude to all customers, purchasers and Joint Venture partner, the NNPC for their understanding during the temporary disruption in supply,” it said. Earlier on Friday, trade sources said exports of the key benchmark grade will be down by nearly 40 percent in April as the force majeure had cut oil flows from Africa’s top producer. The country will export around 222,000 barrels per day of Qua Iboe in April, trade sources said, down from a planned 368,000 bpd in March. A trade source said that around four Qua Iboe cargoes from March had been deferred to April and that delays were between four and 12 days. The OPEC member suffered major outages late last year due to rampant oil theft and the worst floods Nigeria had seen in 50 years. Nigeria typically produces around 2 million to 2.4 million bpd, and its oil is sold to customers in the United States and Asia. Energy News Headlines – Yahoo! News Title Post: Exxon lifts force majeure on Nigerian Qua Iboe crude Url Post: http://www.news.fluser.com/exxon-lifts-force-majeure-on-nigerian-qua-iboe-crude/ Link To Post : Exxon lifts force majeure on Nigerian Qua Iboe crude Analysis: Italian election explained Austerity-hit Italy chooses new leader Silvio Berlusconi is campaigning to win his old job back for the fourth time The eurozone's third largest economy is hurting, with unemployment surpassing 11% Pier Luigi Bersani of the center-left Democratic Party is expected to narrowly win Italy's political system encourages the forming of alliances (CNN) -- Little more than a year after he resigned in disgrace as prime minister, Silvio Berlusconi is campaigning to win his old job back -- for the fourth time. Berlusconi, the septuagenarian playboy billionaire nicknamed "Il Cavaliere," has been trailing in polls behind his center-left rival, Per Luigi Bersani. But the controversial media tycoon's rise in the polls in recent weeks, combined with widespread public disillusionment and the quirks of Italy's complex electoral system, means that nothing about the race is a foregone conclusion. Why have the elections been called now? Italian parliamentarians are elected for five-year terms, with the current one due to end in April. However in December, Berlusconi's People of Freedom Party (PdL) withdrew its support from the reformist government led by Mario Monti, saying it was pursuing policies that "were too German-centric." Monti subsequently resigned and the parliament was dissolved. Berlusconi -- the country's longest serving post-war leader -- had resigned the prime ministerial office himself amidst a parliamentary revolt in November 2011. He left at a time of personal and national crisis, as Italy grappled with sovereign debt problems and Berlusconi faced criminal charges of tax fraud, for which he was subsequently convicted. He remains free pending an appeal. He was also embroiled in a scandal involving a young nightclub dancer - which led him to be charged with paying for sex with an underage prostitute. MORE: From Venice to bunga bunga: Italy in coma He was replaced by Monti, a respected economist and former European Commissioner, who was invited by Italy's President Giorgio Napolitano to lead a cabinet of unelected technocrats. Monti's government implemented a program of tax rises and austerity measures in an attempt to resolve Italy's economic crisis. Who are the candidates? The election is a four-horse race between political coalitions led by Bersani, Berlusconi, Monti, and the anti-establishment movement led by ex-comedian Beppe Grillo. Polls are banned within two weeks of election day, but the most recent ones had Bersani holding onto a slender lead over Berlusconi, followed by Grillo in distant third. READ MORE: Will Monte Paschi banking scandal throw open Italy's election race? The center-left alliance is dominated by the Democratic Party, led by Bersani. He is a former Minister of Economic Development in Romano Prodi's government from 2006-8 -- and has held a comfortable lead in polls, but that appears to be gradually being eroded by Berlusconi. Italy's political system encourages the forming of alliances, and the Democratic Party has teamed with the more left-wing Left Ecology Freedom party. The 61-year-old Bersani comes across as "bluff and homespun, and that's part of his appeal -- or not, depending on your point of view," said political analyst James Walston, department chair of international relations at the American University of Rome. He described Bersani, a former communist, as a "revised apparatchik," saying the reform-minded socialist was paradoxically "far more of a free marketeer than even people on the right." Bersani has vowed to continue with Monti's austerity measures and reforms, albeit with some adjustments, if he wins. At second place in the polls is the center-right alliance led by Berlusconi's PdL, in coalition with the right-wing, anti-immigration Northern League. Berlusconi has given conflicting signals as to whether he is running for the premiership, indicating that he would seek the job if his coalition won, but contradicting that on other occasions. In a recent speech, he proposed himself as Economy and Industry Minister, and the PdL Secretary Angelino Alfano as prime minister. Roberto Maroni, leader of the Northern League, has said the possibility of Berlusconi becoming prime minister is explicitly ruled out by the electoral pact between the parties, but the former premier has repeatedly said he plays to win, and observers believe he is unlikely to pass up the chance to lead the country again if the opportunity presents itself. Berlusconi has been campaigning as a Milan court weighs his appeal against a tax fraud conviction, for which he was sentenced to four years in jail last year. The verdict will be delivered after the elections; however, under the Italian legal system, he is entitled to a further appeal in a higher court. Because the case dates to July 2006, the statute of limitations will expire this year, meaning there is a good chance none of the defendants will serve any prison time. He is also facing charges in the prostitution case (and that he tried to pull strings to get her out of jail when she was accused of theft) -- and in a third case stands accused of revealing confidential court information relating to an investigation into a bank scandal in 2005. Despite all this, he retains strong political support from his base. "Italy is a very forgiving society, it's partly to do with Roman Catholicism," said Walston. "There's sort of a 'live and let live' idea." Monti, the country's 69-year-old technocrat prime minister, who had never been a politician before he was appointed to lead the government, has entered the fray to lead a centrist coalition committed to continuing his reforms. The alliance includes Monti's Civic Choice for Monti, the Christian Democrats and a smaller centre-right party, Future and Freedom for Italy. As a "senator for life," Monti is guaranteed a seat in the senate and does not need to run for election himself, but he is hitting the hustings on behalf of his party. In a climate of widespread public disillusionment with politics, comedian and blogger Beppe Grillo is also making gains by capturing the protest vote with his Five Star Movement. Grillo has railed against big business and the corruption of Italy's political establishment, and holds broadly euro-skeptical and pro-environmental positions. How will the election be conducted? Italy has a bicameral legislature and a voting system which even many Italians say they find confusing. Voters will be electing 315 members of the Senate, and 630 members of the Chamber of Deputies. Both houses hold the same powers, although the Senate is referred to as the upper house. Under the country's closed-list proportional representation system, each party submits ranked lists of its candidates, and is awarded seats according to the proportion of votes won -- provided it passes a minimum threshold of support. Seats in the Chamber of Deputies are on a national basis, while seats in the senate are allocated on a regional one. The party with the most votes are awarded a premium of bonus seats to give them a working majority. The prime minister needs the support of both houses to govern. Who is likely to be the next prime minister? On current polling, Bersani's bloc looks the likely victor in the Chamber of Deputies. But even if he maintains his lead in polls, he could fall short of winning the Senate, because of the rules distributing seats in that house on a regional basis. Crucial to victory in the Senate is winning the region of Lombardy, the industrial powerhouse of the north of Italy which generates a fifth of the country's wealth and is a traditional support base for Berlusconi. Often compared to the U.S. state of Ohio for the "kingmaker" role it plays in elections, Lombardy has more Senate seats than any other region. If no bloc succeeds in controlling both houses, the horse-trading begins in search of a broader coalition. Walston said that a coalition government between the blocs led by Bersani and Monti seemed "almost inevitable," barring something "peculiar" happening in the final stages of the election campaign. Berlusconi, he predicted, would "get enough votes to cause trouble." What are the main issues? There's only really one issue on the agenda at this election. The eurozone's third largest economy is hurting, with unemployment surpassing 11% -- and hitting 37% for young people. Voters are weighing the question of whether to continue taking Monti's bitter medicine of higher taxation and austerity measures, while a contentious property tax is also proving a subject of vexed debate. Walston said the dilemma facing Italians was deciding between "who's going to look after the country better, or who's going to look after my pocket better." He said it appeared voters held far greater confidence in the ability of Monti and Bersani to fix the economy, while those swayed by appeals to their own finances may be more likely to support Berlusconi. But he said it appeared that few undecided voters had any faith in Berlusconi's ability to follow through on his pledges, including a recent promise to reverse the property tax. What are the ramifications of the election for Europe and the wider world? Improving the fortunes of the world's eighth largest economy is in the interests of Europe, and in turn the global economy. Italy's woes have alarmed foreign investors. However, financial commentator Nicholas Spiro, managing director of consultancy Spiro Sovereign Strategy, says the European Central Bank's bond-buying program has gone a long way to mitigating investors' concerns about the instability of Italian politics. Why is political instability so endemic to Italy? Italy has had more than 60 governments since World War II -- in large part as a by-product of a system designed to prevent the rise of another dictator. Parties can be formed and make their way on to the political main stage with relative ease -- as witnessed by the rise of Grillo's Five Star Movement, the protest party which was formed in 2009 but in local and regional elections has even outshone Berlusoni's party at times. Others point to enduringly strong regional identities as part of the recipe for the country's political fluidity. READ MORE: Italian Elections 2013: Fame di sapere (hunger for knowledge) Jail officers accused of ordering an inmate beaten Two Cook County Jail officers overseeing a psychiatric ward ordered two inmates to beat up another inmate who had angered them and then tried to cover it up by claiming the battered victim attempted suicide, prosecutors said Friday. "This is what happens to you (expletive) when you step out of line. You disrespect us, we disrespect you," prosecutors said the officers announced to the entire tier after the beating last February. Delphia Sawyer, 31, and Pamela Bruce, 30, both six-year veterans with the sheriff's office, were charged with official misconduct, obstructing justice, perjury and mob action. Judge Edward Harmening set bail at $50,000 each and ordered them to turn over any firearms. A photograph taken of the victim, Kyle Pillischafske, on the day after shows he sustained two black eyes and severe swelling on his face. Prosecutors said the damage took place despite the officers yelling for the two inmates to hit Pillischafske with "body shots" so his injuries would be less visible. The inmate's mother, Morgan Pillischafske, of Mount Prospect, told the Tribune that she was shocked when she learned about the beating and later heard from her son that he thought he was going to die. He had been doing well there, receiving treatment for his bipolar disorder while awaiting trial on an aggravated battery charge, she said. "Not only did these guards mistreat Kyle, they took advantage of two other inmates as well, all because they were supposedly called a name," she said Friday in a telephone interview. "You have to have thicker skin than that." Sawyer and Bruce were working the 3 to 11 p.m. shift in the psychiatric tier in maximum-security Division 10 when inmates tried to light a makeshift cigarette in an electrical outlet, sparking a small fire and cutting power to part of the tier, Assistant State's Attorney Nicholas Trutenko said. The officers, believing Pillischafske was partly to blame, confronted him, prompting a heated exchange, the prosecutor said. The officers instructed "two of the larger inmates" to go into his cell and beat him, Trutenko said. Sawyer and Bruce are alleged to have stood watch while the two inmates struck Pillischafske in the face and head. They then joined in, hitting him with their radios and kicking him in the side, the prosecutor said. To cover up their misconduct, the officers misled a supervisor to believe that Pillischafske hurt himself by banging his head against a shower wall during a suicide attempt, the charges alleged. The two later lied repeatedly to a grand jury investigating the beating, Trutenko said. After their arrest Thursday, both officers were stripped of police powers and suspended with pay pending an internal disciplinary hearing next week, said Frank Bilecki, the sheriff's spokesman. A lawsuit filed by Pillischafske against the officers, the county and Sheriff Tom Dart is pending in federal court. Bruce, of Chicago, and Sawyer, of Justice, are both married mothers of two and have no criminal records or disciplinary history with the Sheriff's Department, according to their attorneys. Peter Hickey, Sawyer's attorney, noted she was in charge of a very volatile tier of "psychiatrically disturbed patients." "These aren't choir boys from St. Patrick's parish," Hickey told the judge. Pillischafske, now 19, was jailed at the time of the beating on a charge he intentionally caused a car crash in a botched suicide attempt, injuring a woman in the other car. He pleaded guilty a few weeks later to aggravated battery and was sentenced to probation, court records show. Pillischafske's mother said despite her son's mental health issues, he is a "pretty likable kid" who loves music, plays bass guitar and is hoping to go to college. "Kyle needs to move on from this," she said. "The whole thing was very unfortunate." jmeisner@tribune.com Abe vows to revive Japanese economy, sees no escalation with China WASHINGTON (Reuters) - Japanese Prime Minister Shinzo Abe told Americans on Friday "I am back and so is Japan" and vowed to get the world's third biggest economy growing again and to do more to bolster security and the rule of law in an Asia roiled by territorial disputes. Abe had firm words for China in a policy speech to a top Washington think-tank, but also tempered his remarks by saying he had no desire to escalate a row over islets in the East China Sea that Tokyo controls and Beijing claims. "No nation should make any miscalculation about firmness of our resolve. No one should ever doubt the robustness of the Japan-U.S. alliance," he told the Center for Strategic and International Studies. "At the same time, I have absolutely no intention to climb up the escalation ladder," Abe said in a speech in English. After meeting U.S. President Barack Obama on his first trip to Washington since taking office in December in a rare comeback to Japan's top job, he said he told Obama that Tokyo would handle the islands issue "in a calm manner." "We will continue to do so and we have always done so," he said through a translator, while sitting next to Obama in the White House Oval Office. Tension surged in 2012, raising fears of an unintended military incident near the islands, known as the Senkaku in Japan and the Diaoyu in China. Washington says the islets fall under a U.S.-Japan security pact, but it is eager to avoid a clash in the region. Abe said he and Obama "agreed that we have to work together to maintain the freedom of the seas and also that we would have to create a region which is governed based not on force but based on an international law." Abe, whose troubled first term ended after just one year when he abruptly quit in 2007, has vowed to revive Japan's economy with a mix of hyper-easy monetary policy, big spending, and structural reform. The hawkish leader is also boosting Japan's defense spending for the first time in 11 years. "Japan is not, and will never be, a tier-two country," Abe said in his speech. "So today ... I make a pledge. I will bring back a strong Japan, strong enough to do even more good for the betterment of the world." 'ABENOMICS' TO BOOST TRADE The Japanese leader stressed that his "Abenomics" recipe would be good for the United States, China and other trading partners. "Soon, Japan will export more, but it will import more as well," Abe said in the speech. "The U.S. will be the first to benefit, followed by China, India, Indonesia and so on." Abe said Obama welcomed his economic policy, while Deputy Chief Cabinet Secretary Katsunobu Kato said the two leaders did not discuss currencies, in a sign that the U.S. does not oppose "Abenomics" despite concern that Japan is weakening its currency to export its way out of recession. The United States and Japan agreed language during Abe's visit that could set the stage for Tokyo to join negotiations soon on a U.S.-led regional free trade agreement known as the Trans-Pacific Partnership. In a carefully worded statement following the meeting between Obama and Abe, the two countries reaffirmed that "all goods would be subject to negotiations if Japan joins the talks with the United States and 10 other countries. At the same time, the statement envisions a possible outcome where the United States could maintain tariffs on Japanese automobiles and Japan could still protect its rice sector. "Recognizing that both countries have bilateral trade sensitivities, such as certain agricultural products for Japan and certain manufactured products for the United States, the two governments confirm that, as the final outcome will be determined during the negotiations, it is not required to make a prior commitment to unilaterally eliminate all tariffs upon joining the TPP negotiations," the statement said. Abe repeated that Japan would not provide any aid for North Korea unless it abandoned its nuclear and missile programs and released Japanese citizens abducted decades ago to help train spies. Pyongyang admitted in 2002 that its agents had kidnapped 13 Japanese in the 1970s and 1980s. Five have been sent home, but Japan wants better information about eight who Pyongyang says are dead and others Tokyo believes were also kidnapped. Abe also said he hoped to have a meeting with new Chinese leader Xi Jinping, who takes over as president next month, and would dispatch Finance Minister Taro Aso to attend the inauguration of incoming South Korean President Park Geun-hye next week. (Additional reporting by Jeff Mason and Doug Palmer; Editing by David Brunnstrom and Paul Simao) European shares, euro rebound from steep losses LONDON (Reuters) - European shares and the euro on bounced off their previous session's steep falls early on Friday despite unease over European economic forecasts, ECB crisis loan repayment data and Italian elections at the weekend. The German Ifo business climate indicator for February rose to 107.4 from 104.2, helping to lift the mood after Thursday's disappointing PMI data rattled markets. It will be followed by new European Commission economic forecasts at 1000 GMT which should show whether there are any signs of recovery outside of Germany. They will also show how far off-track the likes of Spain, France and Portugal are from meeting their deficit targets this year. European shares on the FTSEurofirst 300 <.fteu3> rose 0.7 percent to recoup some of Thursday's 1.5 percent slump, albeit remaining on course for a third weekly loss in four. London's FTSE 100 <.ftse>, Paris's CAC-40 <.fchi> and Frankfurt's DAX <.gdaxi> were up 0.7, 1.1 and 0.6 percent respectively, helping lift MSCI's world share index <.miwd00000pus> 0.2 percent as markets recovered from 2013 lows. "The markets took a heavy dive earlier this week, but they're showing signs of a partial recovery," said Berkeley Futures associate director Richard Griffiths. "The fact that traders are still buying on the dips shows that they're hoping that the global economic recovery will continue, although it will take time." In the currency market, the euro extended gains after the German data, climbing 0.3 percent to just above $1.32 following its one percent drop this week. The dollar <.dxy> was broadly lower, as weak data helped dampen talk of the Federal Reserve winding down its support after its minutes this week showed a minority of its members were questioning the impact of its measures. Other than the economy, the focus will be on the weekend election in Italy. There is raft of Italian data due out including inflation and consumer confidence numbers for January. The European Central Bank will also publish details at around 1100 GMT on how much banks plan to repay of its second batch of crisis loans when they get the first chance to return the money next week. German Bund futures hovered around four-week highs in early trading at 143.40. Italian elections run the risk of producing a fragmented parliament which could hamper the future government's reform efforts. Bunds are seen holding firm at least until the results come out. "(The) extension of (the) risk averse environment depends on key event risk, particularly (this) weekend's Italian elections," Credit Agricole said in a note. (Additional reporting by Thuy Ong in Sydney and Florence Tan and Rujun Shen in Singapore; editing by John Mair and Philippa Fletcher) 4 Things to Know About Gina McCarthy, Obama’s Pick to Head EPA Title Post: 4 Things to Know About Gina McCarthy, Obama’s Pick to Head EPA Url Post: http://www.news.fluser.com/4-things-to-know-about-gina-mccarthy-obamas-pick-to-head-epa/ Link To Post : 4 Things to Know About Gina McCarthy, Obama’s Pick to Head EPA Obama a marker on post-racial path Donna Brazile says Black History Month is a time to note crossroads the nation has faced. Donna Brazile: Black History Month themed crossroads, "tied to two pivotal U.S. events Emancipation Proclamation, March on Washington were crossroads, she says She says crossroad decisions are threaded along U.S. road to post-racial society Brazile: We're not there yet, but re-election of Obama a harbinger Editor's note: Donna Brazile, a CNN contributor and a Democratic strategist, is vice chairwoman for voter registration and participation at the Democratic National Committee. She is a nationally syndicated columnist, an adjunct professor at Georgetown University and author of "Cooking with Grease." She was manager for the Gore-Lieberman presidential campaign in 2000. (CNN) -- Politicians and historians love to use the word "crossroads." It's become as American, and cliched, as "Mom's apple pie." The historian Shelby Foote, wrote, "The Civil War defined us as what we are and it opened us to being what we became, good and bad things. ... It was the crossroads of our being, and it was a hell of a crossroads." I have been thinking about the word, because this year's Black History Month theme is "At the Crossroads of Freedom and Equality: The Emancipation Proclamation and the March on Washington." Two pivotal events that shaped modern American history. A "crossroads" is literally the intersection of two or more roads -- two or more paths to get to the same place. Metaphorically, it refers to the place -- the moment -- of a critical decision. Shall we go forward together? Shall we separate? Shall we fight? We mark history's crossroads not by road signs but by the documents that identify them. The Declaration of Independence is certainly one. Who has not memorized the opening of the second paragraph? "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness." Political philosopher John Locke's original term was, "Life, liberty, and property." Thomas Jefferson borrowed the phrase, changing "property" to "the pursuit of happiness." He understood that "happiness" -- being significant -- was more important than property, and that a "right to property" too often meant a "right" to own someone else, i.e. slavery. Locke rejected the "divine right of kings." He argued instead that God invested each person with an innate equality -- the right to be on this Earth and to be free -- free to pursue dreams. On the way to his first inauguration, Abraham Lincoln stopped at Independence Hall in Philadelphia to celebrate Washington's birthday. He told the assembled crowd, "I have never had a feeling politically that did not spring from the sentiments embodied in the Declaration of Independence." Lincoln's issuance of the Emancipation Proclamation in 1863 was another crossroads, one that required Lincoln, and the nation, to walk a long road of personal and national growth. "All men are created equal" had to take on a deeper meaning. Frederick Douglass, one of Lincoln's "guides" on his journey, later said the quality he most admired in Lincoln was his political courage. Confederate President Jefferson Davis once acknowledged to an Atlantic Monthly writer that Lincoln's Emancipation resulted in the self-liberation of "two millions of our slaves." A journey of a hundred years brought us to another crossroads -- the 1963 March on Washington. While "property in man" no longer existed, millions of Americans were unable to pursue their dream, or to live with full equality. James Farmer, a leading civil rights activist who was in jail in my home state of Louisiana, sent a message to the quarter-million in attendance that summer day, saying his people would not be free "until the dogs stop biting us in the South and the rats stop biting us in the North." Martin Luther King, Jr.'s "I Have a Dream" speech, like the Declaration, resonates. It echoes through the years in the heartbeats of Americans. The "pursuit of happiness" is more than pleasure, for we often take great pains in the pursuit. Rather, the pursuit of happiness is the freedom to pursue our dreams, to make meaning in and find the unique significance of our lives. That is something we can only do when, in the bonds of fellowship and shared history, we nurture our dreams. The caged bird sings of freedom, but the freed bird sings of dreams. Today, we are 150 years further down the road to realizing the American creed of equality and freedom. We reached a crossroads in 2008 with the election of our first African-American president. We chose to continue on the road to a "post-racial" society. We're not there yet. But in 2012, when we could have chosen to travel down another road, one that led to further economic inequality, we chose instead to continue the realization of equality and freedom, and to the unfettered pursuit of dreams for each American. In some ways, the re-election of President Obama is more significant than his election four years ago. I say this not because I'm a Democrat, but because this time, the dog-whistles of racism were called out and condemned by people of faith and goodwill on both sides of the aisle. During the next four years, we'll come to more crossroads. I pray, and believe, we will take the road to freedom and equality for each child, man and woman in America. Follow us on Twitter @CNNOpinion Join us on Facebook/CNNOpinion The opinions expressed in this commentary are solely those of Donna Brazile. Storm begins to coat Chicago area with snow A tear drops from the eye of DePaul University student Sam Henning as she is hit by a stiff breeze on West Wacker Drive. Tears protest eyes from drying out in cold, windy weather. (John J. Kim, Chicago Tribune /February 19, 2013) 12:51 a.m. CST, February 22, 2013 Between and inch-and-a-half and two-and-a-half inches of snow has fallen across much of the Chicago region, though the snow is expected to turn to freezing drizzle in the next couple hours. Meteorologists have scaled back their predictions on snow fall totals from the storm, though. Illinois State Police described conditions as "horrible" and have responded to about 15 crashes already. State Police are in a "snow plan" and aren't responding to accidents without injuries - those are supposed to be reported later. "It will be tapering off from the south in the next couple hours, possibly some freezing drizzle across whole area," said Mark Ratzer, meteorologist for the National Weather Service. "We may end up coming in a little less." The city of Chicago has sent 199 plows to work clearing main thoroughfares, according to the streets and sanitation department. Check back for more information. chicagobreaking@tribune.com Twitter: @ChicagoBreaking Syrian opposition says Assad cannot be part of deal CAIRO (Reuters) - The opposition Syrian National Coalition is willing to negotiate a peace deal to end the country's civil war but President Bashar al-Assad must step down and cannot be a party to any settlement, members agreed after debating a controversial initiative by their president. The meeting of the 70-member Western, Arab and Turkish-backed coalition began on Thursday before Syrian Foreign Minister Walid al-Moualem is due for talks in Moscow, one of Assad's last foreign allies, and as U.N. mediator Lakhdar Brahimi renews efforts for a deal. After an angry late night session in which coalition president Moaz Alkhatib came under strong criticism from Islamist and liberal members alike for proposing talks with Assad's government without setting what they described as clear goals, the coalition adopted a political document that demands Assad's removal and trial for the bloodshed, members said. A draft document seen by Reuters that was circulated for debate said Assad cannot be party to any political solution and has to be tried, but did not directly call for his removal. "We have adopted the political document that sets the parameters for any talks. The main addition to the draft is a clause about the necessity of Assad stepping step down," said Abdelbasset Sida, a member of the coalition's 12 member politburo who has criticized Alkhatib for acting alone. "We removed a clause about a need for Russian and U.S. involvement in any talks and added that the coalition's leadership has to be consulted before launching any future initiatives," he added. Still, the agreement marked a softening of tone by the coalition because previously it had insisted that Assad must step down before any talks with his government could begin. In an indication that Syria's strongman remains defiant, Brahimi said Assad had told him he will remain president until his term ends in 2014 and then run for re-election. Brahimi told al-Arabiya television he wants to see a transitional government formed in Syria that would not answer to any higher authority and lasts until U.N.-supervised elections take place in the country. "I am of the view that U.N. peacekeepers should come to Syria as happened in other countries," Brahimi said. BOMB, AIR STRIKES The opposition front convened in Cairo on a day when a car bomb jolted central Damascus, killing 53 people, wounding 200 and incinerating cars on a busy highway close to the Russian Embassy and offices of the ruling Baath Party. Syrian state television blamed the suicide blast on "terrorists". Central Damascus has been relatively insulated from the 23-month conflict that has killed around 70,000 people, but the bloodshed has shattered suburbs around the capital. In the southern city of Deraa near the border with Jordan, activists said warplanes bombed the old quarter for the first time since March 2011, when the town set in a wheat-growing plain rose up against Assad, starting a national revolt. A rebel officer in the Tawheed al-Janoub brigade which led an offensive this week in Deraa said there were at least five air strikes on Thursday. The Syrian Observatory for Human Rights said 18 people were killed, including eight rebel fighters. Coalition member Munther Makhos, who was forced into exile in the 1970s for his opposition to Assad's father, the late President Hafez al-Assad, said supplies from Iran and Russia were giving government forces an awesome firepower advantage. "It would be surreal to imagine that a political solution is possible. Bashar al-Assad will not send his deputy to negotiate his removal. But we are keeping the door open," Makhos said. Makhos is the only Alawite in the Islamist-dominated coalition. The Alawite sect, an offshoot of Shi'ite Islam which accounts for about 10 percent of Syria's population but makes up most of the intelligence apparatus and dominates the army and the political system, has generally remained behind Assad. With Alawites feeling increasingly threatened by a violent Sunni backlash, Alkhatib, a cleric from Damascus who played a role in the peaceful protest movement against Assad at the beginning of the uprising in 2011, has been calling on Alawites to join the revolution, saying their participation will help preserve the social fabric of the country. Alkhatib's supporters say the initiative has popular support inside Syria from people who want to see a peaceful departure of Assad and a halt to the war that has increasingly pitted his fellow Alawites against Syria's Sunni Muslim majority. But rebel fighters on the ground, over whom Alkhatib has little control, are generally against the proposal. The Syrian Islamic Liberation Front, which represents armed brigades, said in a statement it was opposed to Alkhatib's initiative because it ignored the revolt's goal of "the downfall of the regime and all its symbols". "We are demanding his accountability for the bloodshed and destruction he has wreaked. I think the message is clear enough," said veteran opposition campaigner Walid al-Bunni, who supports Alkhatib. Alkhatib formulated the initiative in broad terms last month after talks with the Russian and Iranian foreign ministers in Munich but without consulting the coalition, catching the umbrella organization by surprise. Among Alkhatib's critics is the Muslim Brotherhood, the only organized group in the political opposition. A Brotherhood source said the group will not scuttle the proposal because it was confident Assad is not interested in a negotiated exit, which could help convince the international community to support the armed struggle for his removal. "Russia is key," the source said, speaking on condition of anonymity. "We are showing the international community that we are willing to take criticism from the street but the problem is Assad and his inner circle. They do not want to leave." PLAY FOR RUSSIA Russia hopes Alkhatib will visit soon in search of a breakthrough. Bunni said Alkhatib would not go to Moscow without the coalition's approval and that he would not be there at the same time as Moualem. "In my opinion Alkhatib should not go to Moscow until Russia stops sending arms shipments to the Assad regime," Bunni said. Formal backing by the coalition for Alkhatib's initiative gives it more weight internationally and undermines Assad supporters' argument that the opposition is too divided to be considered a serious player, opposition sources said. Coalition members and diplomats based in the region said Brahimi asked Alkhatib in Cairo last week to seek full coalition backing for his plan, which resembles the U.N. envoy's own ideas for a negotiated settlement. One diplomat in contact with the opposition and the United Nations had said a coalition approval of Alkhatib's initiative could help change the position of Russia, which has blocked several United Nations Security Council resolutions on Syria. The diplomat said only a U.N. resolution could force Assad to the negotiating table, and a U.N. "stabilization force" may still be needed to prevent an all-out slide into a civil war. "Brahimi has little hope that Assad will agree to any serious talks," the diplomat said. "Differences are narrowing between the United States and Russia about Syria but Moscow remains the main obstacle for Security Council action." (Editing by Paul Taylor and Mohammad Zargham)	cc/2019-30/en_head_0030.json.gz/line36
__label__wiki	0.673847	0.673847	South Coast Rifle Association Council meeting, 15 August 1900 Topic: MilitiaRC - NSW South Coast Rifle Association Council Meeting, 15 August 1900 South Coast Rifle Association 400 yard range on Kendall's Beach. [From: Town and Country Journal, 23 June 1900, p. 26.] The following item was extracted from the Town and Country Journal, 25 August 1900, p. 54. RIFLE SHOOTING. The first meeting for the year of the South Coast Rifle Association's Council was held at Kiama on August 15, Major H. H. Honey presiding, and there being also present: Lieutenant Stevensen, Sergeant Bales and G. Knight (Kiama) ; Messrs. G. Lindsay and C. W Prott (Wollongong); and Mr. J. Sharpe (Gerringong). The treasurer's statement showed a credit balance of £217, which, considering the difficulties surrounding a first prize meeting, is most satisfactory. The membership of the association (915) is a record for a provincial association, and there was also a record number of competitors at the prize meeting. Major Honey was elected chairman for the year, and Lieutenant Stevensen hon. treasurer. The dates for the next prize meeting were fixed for March 19, 20, 21, 22, and 23, 1901. The association decided to place £200 at fixed deposit in the Government Savings Bank. It was resolved to at once apply to the Minister for Defence for the current year's grant of £250, and to ask him to push on with the resumption of the land for the range. Mr. R. O. Kendall and Miss C. Kendal were granted an honorarium of £5 for allowing the association to proceed with a prize meeting before the land was resumed. The Coolamon Rifle Club promises to be a success, and already about 40 persons have signified their intention joining, including many of the leading men of the town. 1. The South Coast Rifle Association Council was formed at Kiama in June 1899. 2. For information about C. W Prott (Wollongong), see: Charles William Prott, 1851 - 1926 3. Coolamon Rifle Club was eventually formed on 27 August 1900, and affiliated with “G” Company, 1st Infantry Regiment which was located at Wagga Wagga. New South Wales Rifles Clubs, 1893 - 1901 New South Wales Rifles Clubs Citation: South Coast Rifle Association Council meeting, 15 August 1900 Updated: Wednesday, 20 May 2009 10:42 AM EADT Order Of Battle of the Egyptian Expeditionary Force, September 1918, Part 4, XXI CORPS Topic: AIF & MEF & EEF Order Of Battle of the Egyptian Expeditionary Force, September 1918 Part 4, XXI CORPS As part of the Official British War History of the Great War, Captain Cyril Falls was commissioned to produce a commentary on the Sinai, Palestine and Syrian operations that took place. In 1930, his finished work, Military Operations Egypt and Palestine from June 1917 to the end of the war, produced in two parts, was published in London. The book included Appendix 2 which specifically detailed the Order Of Battle of the Egyptian Expeditionary Force, October 1917 and is extracted below. Falls makes the comment that this Order of Battle was not as comprehensive as that produced in the earlier volume. Falls, C, Military Operations Egypt and Palestine from June 1917 to the end of the war, Part II, London, 1930, Appendix 3 pp. 669 - 672: XXI CORPS. G.O.C. - Lieut. General Sir E. S. Bulfin, K.C.B., C.V.O. Br.-General, General Staff. - Br. General H. F. Salt, D.S.O. Deputy Adjutant and Quartermaster General - Br. General St. G. B. Armstrong. G.O.C. Royal Artillery - Br. General H. A. D. Simpson Baikie, C.B., C.M.G. Chief Engineer - Br. General R. P. T. Hawksley, D.S.O. 3rd (Lahore) Division. Major-General A. R. Hoskins, C.M.G., D.S.O. 7th Brigade Br. General S. R. Davidson, C.M.G. 1/Connaught Rangers. 27th Punjabis. 2/7th Gurkha Rifles. 91st Punjabis. Br. General S. M. Edwardes, C.B., C.M.G., D.S.O. 1/Manchester Regt. 59th Scinde Rifles (F.F.). 47th Sikhs. 2/124th Baluchistan Infantry. Br. General C. C. Luard, C.M.G. 2/Dorsetshire Regt. 93rd Infantry. 1/1st Gurkha Rifles. 105th Mahratta L.I. IV Brigade R.F.A. (7th, 14th, B/69th Btys.). VIII Brigade R.F.A. (372nd, 373rd, and 428th Btys.). LIII Brigade R.F.A. (66th, 374th, and 430th Btys.). 65th Field Coy. R.E. 20th and 21st Coys. Sappers and Miners. 1/34th Sikh Pioneers. 7th (Meerut) or "(Indian)" Division. Major General Sir V. B. Fane, K.C.I.E., C.B. 19th Brigade Br. General G. A. Weir, D.S.O. 1/Seaforth Highlanders. 92nd Punjabis. 125th Napier's Rifles. 21st Brigade Br. General A. G. Kemball. 2/R. Highlanders. 1st Guides Infantry. 28th Brigade (F.F.) Br. General C. H. Davies, C.M.G., D.S.O. 2/Leicestershire Regt. 53rd Sikhs (F.F.). 51st Sikhs (F.F.). 56th Punjabi Rifles (F.F.). 261st Brigade R.F.A. ("A," "B," and "C" Btys.). 262nd Brigade R.F.A. ("A," "B," and 438th Btys.). 264th Brigade R.F.A. (422nd, 423rd, and "C" Btys.). 522nd Field Coy. R.E. 3rd and 4th Coys. Sappers and Miners. 121st Pioneers. 54th (East Anglian) Division. Major General S. W. Hare, C.B. 161st Brigade Br. General H. B. H. Orpen-Palmer, D.S.O. 1/4th Essex Regt. 162nd Brigade Br. General A. Mudge, C.M.G. 1/5th Bedfordshire Regt. 1/10th London Regt. 1/4th Northamptonshire Regt. 163rd Brigade G.O.C. - Br. General A. J. McNeill, D.S.O. 1/4th Norfolk Regt. 1/5th Suffolk Regt. 1/8th Hampshire Regt. Artillery - 270th Brigade R.F.A. ("A" and "C" Btys.). 271st Brigade R.F.A. ("A" and "B" Btys.). 272nd Brigade R.F.A. ("B" and "C" Btys.). Engineers - 484th, 486th, 495th Field Coys. R.E. 60th Division. Major General J. S. M. Shea, C.B., C.M.G., D.S.O. 179th Brigade Br. General E. T. Humphreys, D.S.O. 2/19th Punjabis. 3/151st Punjabi Rifles. 2/127th Baluchi L.I. Br. General C. F. Watson, C.M.G., D.S.O. 2nd Guides Infantry. 1/50th Kumaon Rifles. Br. General E. C. Da Costa, C.M.G., D.S.O. 2/22nd London Regt. 2/97th Deccan Infantry 130th Baluchis. 2/152nd Indian Infantry. 302nd Brigade R.F.A. (" A," " B," and 413th Btys.). 303rd Brigade R.F.A. ("A," "B," and "C" Btys.). 519th and 521st Field Coys. R.E. No. 1 Coy. Sappers and Miners. 2/107th Pioneers. G.O.C. – Major General P. C. Palin, C. B., C.M.G. Br. Br. General H. J. Huddleston, C.M.G., D.S.O., M.C. 1/4th Wiltshire Regt. 2/3rd Gurkha Rifles. 3rd Kashmir I.S. Infantry. Br. General the Hon. E. M. Colston, C.M.G., D.S.O., M.V.O. 1/5th Somerset L.I. 2/154th Indian Infantry. Br. General C. A. H. Maclean, D.S.O. 1/4th Duke of Cornwall's L.I. 58th Vaughan's Rifles (F.F.). 123rd Outram's Rifles. XXXVII Brigade R.F.A. (389th 390th, and 405th Btys.). 172nd Brigade R.F.A. (391st, 392nd, and 406th Btys.). 1st S. African F.A. Brigade ("A," "B," and "C" Btys.). 496th Field Coy. R.E., 10th and 16th Coys. Sappers and Miners. 2/32nd Sikh Pioneers. Détachement Français de Palestine et Syrie. [Note: Under the orders of G.O.C. 54th Division.] Commander - Colonel P, de Piépape, C.B. Régiment de Marche de Tirailleurs 7me Bn. 1er Tirailleurs Algériens. 9me Bn. 2me Tirailleurs Algériens. Régiment de Marche de la Légion d'Orient 1 er and 2me Bns. Arméniens. Also 1 Territorial Bn., 1 Coy. Syrians, 1 Sqdn. dismounted Spahis. 1 x 80-mm., 1 x 75-mm., and 1 x 65-mm. (mountain) Btys. Corps Troops. Mounted Troops - Composite Regt. 1 Sqdn. Duke of Lancs. Yeo., 2 Sqdns. 1/1st Herts. Yeo. XCV Brigade R.G.A. (181st Heavy Bty., 304th, 314th, 383rd, and 422nd Siege Btys.) And 1 section captured 150-mm. howitzers. XCVI Brigade R.G.A. (189th and 202nd Heavy Btys., 378th and 394th Siege Btys.) 100th Brigade R.G.A. (15th Heavy Bty., 134th and 334th Siege Btys., 1 Section [1 x 6-in. gun] 43rd Siege Bty., 1 Section 300th Siege Bty.). Also 1 improvised 4.7-in. battery. 102nd Brigade R.G.A. (91st Heavy Bty., 209th, 380th, 440th Siege Btys., 1 Section [1 6-in. gun] 43rd Siege Bty., 1 Section 300th Siege Bty. ) VIII Mountain Brigade R.G.A. (11th [3.7-in. hows.], 13th [3.7-in. hows.], and 17th [2.75-in.] Btys.). Note: Attached 54th Division on the 19th September, and 7th Division on the 20th. IX Mountain Brigade R.G.A. (10th [3.7-in. hows.], 12th [3.7-in. hows.], and 16th [2.75-in.] Btys.). Note: Attached 54th Division on the 19th September, and 3rd Division on the 20th. Previous: Order Of Battle of the Egyptian Expeditionary Force, September 1918, Part 3, XX CORPS Next: Order Of Battle of the Egyptian Expeditionary Force, September 1918, Part 5, Chaytor's Force AIF & MEF & EEF, Contents AIF, MEF and the EEF Citation: Order Of Battle of the Egyptian Expeditionary Force, September 1918, Part 4, XXI CORPS Updated: Saturday, 21 November 2009 5:50 AM EAST Egyptian Expeditionary Force, Formation Egyptian Expeditionary Force The following is extracted from the seminal work of Major A. F. Becke, R.F.A. (Retired), Hon. M.A. (Oxon.) which now is the Great War British standard reference called: History of the Great War Based on Official Documents by Direction of the Historical Section of the Committee of Imperial Defence: Order Of Battle, Part 4, the Army Council, G.H.Q.s, Armies, and Corps, 1914-1918, published by His Majesty's Stationery Office, London, 1945, from pp. 33 - 34. This entry is presented "as is". A table of abbreviations employed is found at the commencement of this section. Additionally, where necessary regarding Becke's understanding of Australian units is inaccurate, an explanatory note is added. In August, 1914, Turkey was still regarded by Egypt as the suzerain power, although for some years there had been a British occupation of the country. When war broke out between England and Germany on the 4th August [Two days previously Germany and Turkey signed an offensive and defensive treaty.] the British Force in Egypt was 1 Cavalry Regiment, 1 R.H.A. Battery, 1 Mountain Battery, R.G.A., 1 Field Company R.E., 4 Infantry Battalions, and detachments of A.S.C., R.A.M.C., A.V.C., A.O.C., and Military Mounted Police. [The units were: 3/Dragoon Gds., "T" Battery (XI Bde. R.H.A.), No. 7 Mtn. Bty. R.G.A., No. 2 Fd. Coy. R.E., 2/Devon., 1/Worc., 2/North'n., and 2/Gordon H. Since 30 October 1912 the Force in Egypt had been commanded by Major-General Hon. J. H. G. Byng. On 8 September 1914 Lieut.-General Sir John G. Maxwell took over command of the Force in Egypt and Maj.-Gen. Byng then returned to England, and proceeded to raise the 3rd Cavalry Division at Ludgershall; this Cavalry Division disembarked at Ostend on 8 October 1914.] In addition, one Battalion [1/Suffolk Regt.] and detachments of R.G.A., A.S.C., and R.A.M.C. were stationed at Khartoum, under the command of General Sir F. R. Wingate, Governor-General of the Anglo-Egyptian Sudan. This Battalion furnished half-a-company to garrison Cyprus. Relations with Turkey soon became strained, and on the 30th October the Allies presented an ultimatum to her, and at the same time severed diplomatic relations. On the 5th November a formal declaration of war followed. The Khedive of Egypt was openly pro-Turk, and he had been in Turkey since August, 1914. In order to secure Egypt and retain control over the all-important Suez Canal, the British Government deposed the Khedive on the 18th December, declared a protectorate over Egypt, and raised the Khedive's Uncle to the throne, with the title of Sultan of Egypt. At the same time the title of the British Representative was changed from Consul-General to High Commissioner. Briefly, this was the sequence of events which led, as troops became available, to the gradual building-up of a considerable expeditionary force in this near-eastern theatre of war, and led in turn to Egypt, Sinai, and eventually Palestine and Syria becoming battle-grounds in the Great War. At the end of August the Egyptian Camel Corps was moved to the eastern boundary to cover the Suez Canal. When early in September the Lahore Division passed through the Canal on its way from India to France it dropped the III Mountain Artillery Brigade and the Sirhind Infantry Brigade to reinforce the garrison of the Canal Zone. It became possible, therefore, to release the seasoned regular units which had formed the peacetime garrison, and they all returned to England and joined new divisions, which were assembling there, prior to reinforcing the B.E.F. on the Western Front. [3/Dgn. Gds. joined 3rd Cavalry Division; "T" R.H.A. and 2/Gordon H. the 7th Division; 2nd Fd. Coy. R.E., 2/Devon., 1/Worc., and 2/North'n. the 8th Division; and the 1/Suffolk the 28th Division.] On the 25th September, 42nd (East Lancashire) T.F. Division [Received the number 42nd on 26 May 1915.] reached Alexandria. The division was sent to Egypt for two reasons: to strengthen the garrison and to complete its war-training. Some six weeks later the Indian troops allocated for the defence of Egypt began to disembark at Suez : Imperial Service Cavalry Brigade, Bikanir Camel Corps Lucknow Infantry Brigade (from Lucknow Division), and the Imperial Service Infantry Brigade. This released the Sirhind Infantry Brigade, which left to rejoin the Lahore Division in France. The Indian garrison in Egypt was now organized in two divisions (10th & 11th Indian), and the defence of the Canal was entrusted to them and the Imperial Service Cavalry Brigade, together with 3 mountain batteries from India, two field artillery brigades of the 42nd Division, a pack-gun battery from the Egyptian Army, and the guns of those English and French warships which were anchored in the canal to serve as floating batteries. Early in December a partly trained Australian and New Zealand contingent also reached Egypt and reinforced the hurriedly assembled garrison. Meanwhile, during November, 1914, the Turks occupied el 'Arish (in Sinai), and the immediate threat to the Canal line was only too clear ; whilst in Southern Arabia the opposing forces had already clashed. From this time onwards the British forces which were assembled in Egypt were continuously engaged: at first in localized operations to cover that country and the Canal Zone; then, in 1917, in delivering those blows which, by the end of the following year, resulted in Turkey suing for peace. AIF and the EEF Citation: Egyptian Expeditionary Force, Formation Updated: Wednesday, 20 May 2009 7:39 PM EADT Order Of Battle of the Egyptian Expeditionary Force, September 1918, Part 5, Chaytor's Force Part 5, Chaytor's Force Falls, C, Military Operations Egypt and Palestine from June 1917 to the end of the war, Part II, London, 1930, Appendix 3 p. 673: Chaytor's Force. Major-General Sir E. W. C. Chaytor, K.C.M.G., C.B. (With Staff of A. and N.Z. Mounted Division.) Australian and New Zealand Mounted Division. 1st Australian Light Horse Brigade Br. General C. F. Cox, C.B. 1st Regt. A.L.H. 2nd Regt. A.L.H. 3rd Regt. A.L.H. 2nd Australian Light Horse Brigade Br. General G. de L. Ryrie, C.M.G. 5th Regt. A.L.H. New Zealand Mounted Rifles Brigade Br. General W. Meldrum, C.B., D.S.O. Auckland M.R. Regt. Canterbury M.R. Regt. Wellington M.R. Regt. XVIII Brigade R.H.A. (Inverness, Ayr, and Somerset Btys.). A. and N.Z. Field Sqdn. 20th Indian Brigade Br. General E. R. B. Murray. Alwar I.S. Infantry. Patiala I.S. Infantry. Gwalior I.S. Infantry. 38/R. Fusiliers. 1/British West Indies Regt. 75th Bty. R.F.A., [Note: From 10th Divisional Artillery.]. 29th and 32nd (2.75-in.) Indian Mountain Btys.. 195th Heavy Bty. R.G.A., [Note: Also 2 Sections captured 75-mm. guns and 1 Section 150-mm. howitzers.]. Previous: Order Of Battle of the Egyptian Expeditionary Force, September 1918, Part 4, XXI CORPS Next: Order Of Battle of the Egyptian Expeditionary Force, September 1918, Part 6, General Headquarters Troops Citation: Order Of Battle of the Egyptian Expeditionary Force, September 1918, Part 5, Chaytor's Force Updated: Monday, 20 July 2009 11:57 AM EADT The Rifle Club Movement, Contents Topic: MilitiaRC - Rifle Clubs The Rifle Club Movement While Australia was with the winning side toward the closure of the South African War, one element of this war becomes remarkably clear in the development of Australian military policy, the ability of the individual Boer as a guerrilla fighter in resisting the British war machine. Seeing that Australia suffered analogous conditions as that of the Boers, viz., little money for defence, low population numbers and vast areas to defend; it was only natural to take the successful strategies from the war and apply it to the local conditions. The Commonwealth impetus for funding the Rifle Club Movement came from this conflict. Diamond Jubilee, 1897, Phil Fargher's Diary Diamond Jubilee, 1897, Phil Fargher's Experience A letter from Colonel JC Hoad, DAG seeking to establish a uniform standard of Australian rifle shooting, 26 March 1902 A speech by Field Marshal Lord Roberts at Bisley arguing for military support of rifle clubs, July 1902 The Rifle Club Movement: A DISTINCT FACTOR IN THE DEFENCE PROBLEM. Rifle Club Construction Works - 1910 Military Order No. 9, p. 18 Rifle Clubs, AIF Attestation Papers, Question 11 Philip Fargher Australian Rifle Clubs The Australian Militia, 1899 - 1920 Citation: The Rifle Club Movement, Contents Updated: Monday, 22 June 2009 12:32 AM EADT	cc/2019-30/en_head_0030.json.gz/line37
__label__cc	0.551348	0.448652	Gable: Global Climate Change, Cities, and the Presidential Campaign Global Climate Change, Cities, and the Presidential Campaign By Alex Gable Perhaps especially if you live in a city with its urban heat islands hotter than surrounding areas, on or near a coast, underneath even a thin blanket of smog, you need to be concerned about the commentary in U.S. politics on the subject of climate change. Summers in the city are already hot – but according to the EPA, average global temperatures are expected to increase from 0.5°F to 8.6°F by 2100, with the lower end representing the most aggressive mitigation efforts. Average sea levels are expected to rise anywhere from approximately 4 inches to 5 feet by 2100, depending on mitigation levels. Such sea levels could flood parts of many coastal cities, perhaps even submerging a few. If that isn’t concerning, then consider that pollution will continue to increase, leading to more respiratory problems among humans, especially in cities. There will be an increase in severity and frequency of severe weather events, including hurricanes like Sandy, which did enormous damage to New York City, and droughts at levels 2 and 3, which the usually wet areas of the Northeast are facing this year. Add the increasing frequency of fires like those around San Diego, Los Angeles, and San Francisco, and city life could begin to look like hell on earth because of climate change. The devastation will be most prominent in and around cities, where there are high densities of very diverse populations of humans, as well as large amounts of pollution already. If you need an example of pollution taking its toll, look at Beijing, Mexico City, New Delhi, and (increasingly) Los Angeles and New York. According to the 2014 report of the Intergovernmental Panel on Climate Change (IPCC), sea levels have risen by approximately 0.2m, almost 8 inches, since 1900, temperatures have risen approximately 1.0 Celsius, and global carbon dioxide emissions have risen approximately sevenfold. Climate change is happening. So let’s see what the candidates are saying: In 2012, Donald Trump tweeted, “The concept of global warming was created by and for the Chinese in order to make U.S. manufacturing non-competitive.” Similar skepticism can be seen in his more recent tweets, but since beginning his campaign, Trump has announced more concrete plans for his climate change policy. In a speech to the North Dakota Petroleum Council in May 2016, he said he would “cancel the Paris Climate Agreement and stop all payments of U.S. tax dollars to U.N. global warming programs.” This would not spell a good future for climate change containment efforts. Hillary Clinton has said that “Climate change is real and we can save our planet while creating millions of good-paying clean energy jobs.” Clinton has proposed plans to combat and mitigate climate change. In 2016, Clinton notes that she “will launch a clean energy challenge to partner with states, cities, and rural America to accelerate clean energy deployment, building efficiency, and clean transportation.” Gary Johnson, the Libertarian candidate, has expressed an interest in a less-intrusive plan: taxing carbon emissions. He prefers a carbon tax because he believes “that it can accomplish all these things in a very free market way.” In 2015, President Obama said, “No challenge poses a greater threat to future generations than climate change.” I’d add that no challenge poses a greater threat to cities than climate change. Alex is a junior physics major at Ithaca College. He plans to go to graduate school to pursue a degree in astrophysics. He is from Owego, NY. In his free time he likes playing video games with friends when he's not going on hikes and enjoying nature.	cc/2019-30/en_head_0030.json.gz/line38
__label__wiki	0.701034	0.701034	Permanent Link: http://blogs.babson.edu/news/2010/03/27/babson-energy-and-environmental-conference-no-room-to-waste-in-the-future/ News & Announcements Blog / News Babson Energy and Environmental Conference: No Room To Waste In The Future By Michael Chmura \| March 27, 2010 On the surface, Millipore and Harvest Power don’t have much in common. Millipore is an international biosciences company that makes laboratory testing equipment. Harvest Power is a young startup that converts food waste in to natural gas and high quality soil products. Yet, when the CEO/Founders of the two companies took the stage at Knight Auditorium at the Babson Energy and Environmental Conference, it became clear both leaders aim to differentiate by cutting waste. Martin Madaus, the CEO and founder of Millipore, and Paul Sellew, co-founder and CEO of Harvest Power, were the closing keynote speakers in Babson’s day-long sustainability event. Led by WBUR radio host Tom Ashbrook, both delved into the way their companies have made gains in profitability and corporate social responsibility through eliminating waste. In Madaus’ case, 70 percent of his company’s products are consumables, which require a lot of energy to manufacture and create a lot of waste when they have reached the end of their useful life. In 2006, he implemented a top-down strategy to cut energy consumption and waste, and expected resistance within his ranks. Instead, Madaus was amazed to find most of his workers were on-board. “The company wanted to do this, and I didn’t know,” he said. By 2011, Madaus aims to cut energy use and waste by 20% by targeting manufacturing, facilities and transportation. Though the challenge has been difficult, he said the company is on track in part due to the gains made in the U.S. Sellew also aims to save electricity and reduce waste by taking full-advantage of the stored solar energy in food waste. Using an anaerobic process, Harvest Energy converts food waste into natural gas, which in turn is converted into electricity, and soil products that can be used on farms, gardens and lawns. His company has opened the first power plant in North America fueled by compost. Sellew said similar facilities could produce up to 20 percent of the U.S. electricity need if we divert all of our food waste and pulp paper waste away from landfills and into composters. “If it’s not going to consumption, I think the highest and best use is conversion back into energy and high quality soil products,” Sellew said. Yet Madaus said the biggest challenge to these initiatives in the U.S. is attitude. While recycling and the green movement became popular in his native Germany back in the ‘70s, “that level of pressure does not exist in the U.S.A… (but) the awareness is increasing now and I think there is an opportunity.” – Andrew Lightman M’11 Director of Public Relations at Babson College Select AuthorAffairs, StudentChmura, MichaelHebard, JMiles, EmilyPR, Babson CollegePublic Relations, Babson CollegeRadicioni, Brianna	cc/2019-30/en_head_0030.json.gz/line39
__label__cc	0.70475	0.29525	İnteresting News Oil prices to go down – Mexico to open access to fields to private companies from 2015 Mexico has submitted the plan, according to which it will open access to the oil fields to the private companies. They could apply for participation in the projects next year. The authorities hope that the new rules will promote energy boom in the country. Pemex state company will remain the biggest energy company in Mexico, but the period of its monopoly will come to the end. Private companies will be able to fight for the right to develop both onshore and offshore fields as well shale fields. The Mexican government will put 109 oil blocs to the first round of the tenders. According to the Mexican government, in the next four years it will be able to attract about $50 billion of investments. The shelf of the Gulf of Mexico is the most promising section for oil fields exploration. It is going to involve big US companies, but Pemex does not extract oil there. ExxonMobil has already welcomed this step. Mexican company is criticized for a big staff and corruption. During the last decade volume of its oil production decreased by about 1 million barrels to 2.5 million barrels a day. Several years ago Pemex gave leadership in the energy field in the South America to Brazilian Petrobras. Last year Brazilian company had a profit of $141 billion, while Mexican – $123 billion. LUKOIL expands presence in the Gulf of Mexico China to invest $5 billion into Mexican Pemex company’s projects Energy majors look at diverse ways to stay relevant Why Chevron Is More Successful Than ExxonMobil Petrobras and Similar Oil Companies Are Struggling. Now What? Saudi Oil Gambit Moves to Phase Two seven + = thirteen	cc/2019-30/en_head_0030.json.gz/line51
__label__wiki	0.753145	0.753145	Spirits of Just Men: Mountaineers, Liquor Bosses, and Lawmen in the Moonshine Capital of the World Home » Spirits of Just Men: Mountaineers, Liquor Bosses, and Lawmen in the Moonshine Capital of the World Author: Charles D. Thompson, Jr. Champaign, IL: University of Illinois Press, 2011. 269p. Reviewer: Mercer L. Sullivan \| November 2011 This historical study of illegal liquor production in the Appalachians provides a fascinating account of a storied form of illegal enterprise that challenges stereotypes of a marginalized population while bringing a much-needed political economic perspective to the study of crime. In order to account for how Franklin County, Virginia, gained a national reputation during the first half of the 20th Century as "the moonshine capital of the world," the author combines personal reminiscences about his own family with analyses of primary documents from the period and cogent summaries of immigration history and national trends in agricultural development, alcohol regulation, and law enforcement. Though it focuses on moonshining, the book’s larger purpose and considerable achievement is that of portraying a regional culture from the earliest days of its development through its virtual extinction by mid-century as World War II drew the last hold-outs of mountain agriculture into the modern economy and much of the area formerly populated by hardscrabble farmers reverted to leafy woodlands surrounding the scenic Blue Ridge Parkway. The author begins and ends in overtly personal terms, recounting how he discovered only as adult that his beloved grandfather had been peripherally involved in the moonshine business when he was younger, as a driver for the area’s principal export. Though he toiled all his life on the family farm, he was never able to make ends meet without outside employment such as delivering newspapers well into middle age. Hard as his grandfather worked and as upstanding a citizen in most ways as one could imagine, he was one of the few who managed to hold onto a family farm over the years, as modern agribusiness drove down prices and made the way of life of mountain farmers increasingly untenable. His grandfather held on not just because he worked hard but because he had one of the better pieces of land. He had been able to acquire that land as a young man by risking his life transporting illegal whiskey. On discovering this, the author began to study his area as a serious historian, gradually uncovering the central role of moonshining in that local area over a period of decades. Though a few local businessmen, corrupt politicians and law enforcement officers raked off most of the considerable profits, the moonshine business was pervasive throughout the area, touching most families directly or indirectly. Most of these families were and remained poverty-stricken. For the vast majority, their ties to moonshine production were only a sideline to the unremitting backbreaking toil of working farms that supplied most of their food but little in the way of cash crops, increasingly little as time went by. They risked their lives and prison terms for the barest minimum of cash to purchase goods in the market economy. For their trouble, they gained a reputation in the nation’s capital as ripe targets for successive Federally initiated law enforcement campaigns to stamp out their illegal activity, first during Prohibition and then subsequently as tax evaders threatening the corporate consolidation of the national liquor industry. The author arranges much of this story around three criminal trials that drew national attention at the time and were the subject of extensive journalistic coverage. This included a series of magazine articles by the novelist Sherwood Anderson, who had gone to live in the Appalachians in the 1920’s. First came a conspiracy trial in 1935, followed by a jury tampering trial related to the original conspiracy the following year and then by a murder trial for the killing a law enforcement officer who had been suspected of being willing to testify against the ringleaders in the conspiracy trial. Despite many convictions, the man who appears to be have been the chief conspirator, county prosecutor Carter Lee, putative descendent of Robert E. Lee, was himself never convicted. He continued in office and died of natural causes in 1958. These stories, while highly entertaining and informative, have been told before, by Sherwood Anderson and others. By themselves, they do not justify the present work. They function here as a template for telling a story much more complex than one of whodunit and who ended up taking the rap. This is the story of the history and culture of the region and the way that an isolated regional culture could become the fulcrum of a nation’s struggles with agricultural development and deeply divided attitudes about alcohol production and consumption. It is the way these aspects of U.S. history emerge through close examination of one mountain county and primary documents from and about a selected handful of its residents that provides the considerable interest of this book for scholars interested in patterns of crime and justice. After the opening familial reminiscences, the book starts rather ponderously with several repetitions of it’s major theme: that the "illegal spirits" at the center of the notorious trials were in fact produced by "just men" who worked hard, supported their families, cooperated in communal labor, received no government services, and desperately needed the small amount of cash available to them through illegal liquor production and practically no other avenue. The fact that this particular area, rather than many other areas sharing similar conditions, gained the reputation, apparently well-deserved, as the "moonshine capital of the world" appears to be due mostly to the organizing of their efforts into an export industry by a few scheming liquor bosses and lawmen who seized the opportunities presented first by Prohibition and then by taxation and corporatization of the liquor industry after Prohibition. The book grows steadily more interesting as the author moves the story first back to the British Isles and the immigration of land-starved farmers from Scotland to Ireland to the Southern Appalachians and then forward from the late 19th to the mid-20th Century. Two themes are central to this cultural history: the search for land and ongoing cultural expertise in distilling spirits. At each step along the way, the people who came to be called Scots-Irish were squeezed out of their land and simultaneously persecuted for making whiskey and exploited by these same persecutors who wanted to drink it. By the arrival of Prohibition, this process had already been going on for centuries. After they had settled in the Southern Appalachians, these people learned to substitute corn for wheat and barley and developed a preference for the taste of corn whiskey, which they made quite legally for their own consumption for decades. As thirsty urban Americans began to make and consume rotgut whisky and bathtub gin during Prohibition, the reputation of Appalachian corn whiskey soared. It was made in small batches by meticulous craftsmen who only survived on their poor mountainous landholdings by virtue of their highly developed and diverse craft skills. As the sale of small individual amounts to outsiders became consolidated into a much more organized enterprise controlled by local politicians and law enforcement, however, the quality began to decline. The community also frayed as what had once been a cottage industry became riven by paid or intimidated informants and lawmen protecting some while sacrificing others to keep the proponents of the Federally led crackdown happy. One of the author’s most intriguing observations is that, from today’s vantage point, the traditional corn whiskey of the area was exactly the kind of artisanal production now so much in vogue among upper-middle-class consumers and patrons of urban farmers’ markets. During the New Deal, Federal agriculture officials paid lip service to promoting economic development in mountain areas, but of course the idea of encouraging them to make whiskey was out of the question in terms of the political discourse of the time. Much of the story comes in descriptions of the trials and the participants. Two key individuals who receive separate chapters were both religious leaders who testified as character witnesses for one of the men convicted in the jury-tampering trial, Amos Rakes. Though they may have been sincerely skeptical that Rakes had any part in bribing the jurors who exonerated the District Attorney who was the ringleader of the entire enterprise, both these religious leaders knew quite well that Rakes had been producing moonshine for a long time. Nonetheless, he was in every other way a "just man" who supported his family and his neighbors and their own churches. They may have been ambivalent about the moonshine trade and preached regularly against drunkenness, but they resented the persecution of the "just men" in their community who were only struggling to survive. These two religious leaders were very different from each other and, in some ways, rivals for the spiritual allegiance of the local people. One, Elder Goode, was a Primitive Baptist, a hard-pressed local farmer himself who received no pay for his arduous work preaching and ministering at four widely separated churches in different corners of the county. Primitive Baptists were highly conservative about many things, but, unlike many modern Baptists, not particularly disapproving of whiskey as long as not consumed in excess. The other leader was an Episcopalian missionary, Miss Ora Harrison, who came into the community from a nearby city separated from the mountains by only a few miles but also by a wide cultural gap. She was part of the Social Gospel movement of the time that sought to educate and modernize the backwards mountain people. She founded a mission and school that endured for decades and provided the main source of education for local children for many years. Though their community and church backgrounds were at odds in many ways – the locals suspicious of outsiders, the outsiders seeking to civilize the locals – the two leaders actually got along well personally and cooperated in many ventures, including flirting with perjury by testifying, unsuccessfully, on behalf of Amos Rakes. Elder Goode was for many years prone to write down daily notes about all aspects of life on calendars that his family saved. Miss Ora was highly educated and wrote many letters. These two sources of primary documents provide much of the structure on which the rest of the story is built. Combining these with other sources, the author describes in detail such things as just how corn whiskey was made and how law enforcement agents went about trying either to stamp it out or, alternatively, make it look like they were. The result of this synthesis of personal reminiscence, incisive summaries of secondary historical sources, and analyses of primary documents is a rare portrait of illegal enterprise and how it is situated in a particular historical, ecological, and cultural context. It would be facile to compare it directly with the illegal drug trade in today’s inner cities. There are too many differences. There are also many striking similarities. Mercer L. Sullivan, Associate Professor, Rutgers School of Criminal Justice Spirits of Just Men: Mountaineers, Liquor Bosses, and Lawmen in the Moonshine Capital of the World2011-11-012016-08-14https://clcjbooks.rutgers.edu/wp-content/uploads/2016/08/logo.pngCriminal Law and Criminal Justice Book Reviewshttps://clcjbooks.rutgers.edu/wp-content/uploads/2011/11/spirits_of_just_men.jpg200px200px The Steal: A Cultural History of ShopliftingBooks, Reviews in Brief Public Criminology?Books, Full Reviews	cc/2019-30/en_head_0030.json.gz/line55
__label__cc	0.65719	0.34281	Update on the Social Cost of Carbon That task of estimating the social cost of carbon emissions is fraught with uncertainty. Still, it's a question where some answers are going to be more plausible than others--and assuming that the correct answer is "zero" runs a risk of incurring substantial costs in the future. Those who would like to dig down into how these estimates are done might be interested in "Valuing Climate Damages: Updating Estimation of the Social Cost of Carbon Dioxide," published in January 2017 by a National Academy of Sciences Committee on Assessing Approaches to Updating the Social Cost of Carbon, co-chaired by Maureen Cropper and Richard Newell. (The report is available here, and uncorrected galley proofs of the report can be downloaded free.) The NAS report is mainly about how these estimates are done and how they might be improved, but it also provides some background on the existing estimates. As the report explains: The social cost of carbon (SC-CO2) for a given year is an estimate, in dollars, of the present discounted value of the future damage caused by a 1-metric ton increase in carbon dioxide (CO2) emissions into the atmosphere in that year or, equivalently, the benefits of reducing CO2 emissions by the same amount in that year. The SC-CO2 is intended to provide a comprehensive measure of the net damages—that is, the monetized value of the net impacts—from global climate change that result from an additional ton of CO2. Those damages include, but are not limited to, changes in net agricultural productivity, energy use, human health, property damage from increased flood risk, as well as nonmarket damages, such as the services that natural ecosystems provide to society. Many of these damages from CO2 emissions today will affect economic outcomes throughout the next several centuries. The US government has for some year had an Interagency Working Group that produces estimates of the social cost of carbon. As the report notes: The IWG’s current estimate of the SC-CO2 in the year 2020 for a 3.0 percent discount rate is $42 per metric ton of CO2 emissions in 2007 U.S. dollars. If, for example, a particular regulation was projected to reduce CO2 emissions by 1 million metric tons in 2020, the estimate of the value of its CO2 emissions benefits in 2020 for this SC-CO2 would be $42 million dollars. It's worth unpacking that number just a bit. Here's an illustrative table giving a sense of the range of estimates under various conditions. The social cost of carbon is based on a range of computer simulations. There are several different "integrated assessment models," in which which a "CO2 emissions pulse is introduced in a particular year, creating a trajectory of CO2 concentrations, temperature change, sea level rise, and climate damages." Another key parameter the "equilibrium climate sensitivity," which represents a distribution of the effect that carbon emissions could have on climate in the future. There are also various scenarios for how emissions and various socioeconomic variables will evolve. The approach of the Interagency Working Group is to run a bunch of computer simulations with different combinations of these variables and different random draws of the "equilibrium climate sensitivity" parameter from its overall distribution, thus giving them a sense of how these different underlying assumptions can interact with each other. The rows of the table show different years. The social cost of carbon rises over time, as the levels in the atmosphere rise and the costs become greater. The columns show different assumptions about what economists call the "discount rate." Most analysts accept the idea that if we are thinking about spending a fixed amount of current resources, it makes more sense to spend the money reducing a current harm than a future harm. To put the point more bluntly, taking an action to save 500 lives right now is more valuable in the present than taking an action to save 500 lives a century from now. Exactly how much more valuable are current benefits than future benefits? As you might imagine, the answer to that question is controversial, and so standard practice is to offer a range of estimates. A commonly used discount rate is 3%, which implies that each year a benefit is further off in the future, it's worth 3% less. A higher discount rate thus puts a lower weight on future benefits; a zero discount rate would mean that a benefit receives at any time in the future, no matter how far into the future, would be just as valuable as a benefit received right now. The social cost of carbon calculation matters for public policy, because it's the value that is currently used by government rules and regulations when taking carbon costs into account. For perspective, the federal gasoline tax is currently 18.4 cents/gallon, and when state and local gas taxes (which vary across jurisdictions) are added to the mixture, total gasoline taxes are now about 49 cents/gallon. The usual rationale for such taxes is that they are a "user tax" so that those who drive also pay for updating and maintaining the roads. If the government set a carbon tax so that those who are emitting carbon through burning gasoline would would pay the cost of their emissions, a carbon tax of $42/ton of carbon emissions would work out to a gasoline tax of about 38 cents/gallon. Vulnerable Jobs and the Desire to Migrate The Declining US Labor Share, Explicated The Economics of Kidnap Insurance Wasteful Health Care Spending Agriculture in Sub-Saharan Africa Why All Exchange Rates Are Bad Declining US Investment, Gross and Net The Economic Vision for Precocious, Cleavaged Indi... China: The Economic Story of Our Time The Middle Income Trap and Governance Issues Firms Take the Lead in Global Saving R&D Investment: An International Snapshot When Authors Forget What their Own Abbreviations S... China's Wind Power: Some Cautionary Facts How Close is the EU to a Single Market in Goods? Information Technology: Installation Phase to Depl...	cc/2019-30/en_head_0030.json.gz/line62
__label__wiki	0.518073	0.518073	Current: Benton Proposed Transfer of Coro Shares to its Shareholders Benton Proposed Transfer of Coro Shares to its Shareholders Apr 14, 2014 \| PDF Coro Mining Corp. (“Coro” or the “Company”) (TSX Symbol: COP) wishes to advise that it became aware today that its largest shareholder, Benton Capital Corp. (“Benton”, symbol: BTC), announced that it has entered into new business sector via a binding letter of intent (“LOI”) with Folium Life Science Inc. and in addition, intends to transfer its shares in Coro to its shareholders via a return of capital. At the date of this announcement, Benton holds ~38% of the Company’s common shares on a fully diluted basis and 34.3% on an undiluted basis. Coro would like to express its appreciation for the support provided by Benton over the past 5 years, and wishes it well in its new endeavour. We look forward to welcoming our new shareholders as they can now participate directly in the development and growth of our Chilean focussed mining company. For further information regarding the proposed Benton transaction, interested parties should review the press release issued by Benton, which is available on SEDAR at www.sedar.com . Coro has not approved the contents of the Benton press release and takes no responsibility for its contents. The Company was founded with the goal of building a mining company focused on medium-sized base and precious metals deposits in Latin America. The Company intends to achieve this through the exploration for, and acquisition of, projects that can be developed and placed into production. Coro’s properties include the Berta, El Desesperado, and Payen copper properties located in Chile and the advanced San Jorge copper-gold project, in Argentina. This news release includes certain “forward-looking statements” under applicable Canadian securities legislation. Such forward-looking statements or information, including but not limited to those with respect to future transactions involve known and unknown risks, uncertainties, and other factors which may cause the actual results, performance or achievements of the Company to be materially different from any future results, performance or achievements expressed or implied by such forward-looking statements or information. Such factors include, among others, the actual prices of copper, the factual results of current exploration, development and mining activities, changes in project parameters as plans continue to be evaluated, as well as those factors disclosed in the Company’s documents filed from time to time with the securities regulators in the Provinces of British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, New Brunswick, Nova Scotia, Prince Edward Island and Newfoundland and Labrador.	cc/2019-30/en_head_0030.json.gz/line63
__label__wiki	0.51976	0.51976	Category Archives: Online Games April 13, 2013 Action & Adventure, Action & Adventure, Drama, Featured, Games, MMO, Online Games, People, Sci-Fi & Fantasy, Television No comments Syfy’s Brave New World: “Defiance” If you haven’t heard about it, odds are you’ve been living under a rock or you just haven’t been paying attention (or you don’t watch TV). Syfy’s obnoxiously promoted new show, Defiance, is finally just around the corner. The post-apocalyptic series premieres this Monday, April 15, at 9/8c, and Syfy is really banking on this being a success. They’ve been advertising out the wazoo on their sister networks, including USA, and slipping promotions into some of their already popular shows, like Face/Off. If Defiance doesn’t take off, it’s not for lack of network support. Face/Off contestants were challenged to create hybrids of the alien species in Defiance – since co-mingling means breeding, I guess. The series is set in the future after an alien race came to Earth to escape their own planet’s destruction. A war erupts, as it’s want to do, since humans are not known for their ability to share. Well, during the war, a cataclysmic event terraforms the planet, turning it into something barely recognizable. Fast forward a bit, and we have the city of Defiance – once St. Louis – a city of diversity, populated by humans as well as different alien species, where the inhabitants struggle to protect their home from invaders as well as just get along with each other. Can’t we all just get along? What a diverse group of beings. What makes Defiance so unique, however, is the show’s integration with the gaming culture. Other shows have had games based on their premise, but Defiance creators, Rockne S. O’Bannon (Farscape), Michael Taylor (Battlestar Gallactica), and Kevin Murphy (Caprica), hope to incorporate events from the game into the actual show, to make the show into “the first interconnected video game and television series”! Defiance: The Game, developed by Trion Worlds, launched a couple weeks ago to give players a sneak peak into the world of Defiance. The game is set in post-war San Francisco, but players get to interact with characters from the show, and events from the game and what players do “will actually cross over into and continue further in the television episode” says Nathan Richardsson, Trion’s vice-president of development and executive producer of Defiance: The Game. The game is set in post-war San Francisco (hence the Golden Gate Bridge). The game is an open-world shooter, in which you can play solo or with up to four players. BUT there are also dynamic events called “Arkfalls,” where pieces of alien ships fall to Earth, and players have to work together in teams to battle a large enemy to reach the resources and technology left in the ship. All of these events, and how players respond to them, will eventually effect the television series. The first season is already relatively set, such is the nature of television production, but Richardsson has said, “when we are done with all the crossover events with each episode of Season 1, what happens between Season 1 and Season 2 is driven by events in the game and that affects what happens in the next season of the show.” So viewers/players will actually help to create the future of Defiance, which is pretty cool…assuming everything works out. Syfy seems optimistic though, with all the promoting and already planning season 2. Good sci-fi storytelling isn’t complete without exploding space ships. I’m not really into gaming, so while I’m impressed by the concept and think it’s really neat to give viewers such an impact in a television series, I probably won’t be on Defiance: The Game, but I am curious to watch the show and see where it goes. It seems all the promoting has gotten to me, and I will be watching the premier on Monday, hopefully with a lot of other people as well. You don’t have to be a gamer to enjoy good sci-fi storytelling. October 31, 2012 Action & Adventure, Featured, Games, MMO, Online Games, Role Playing 2 Comments Great Games For Halloween Time Fun If you’re like me, you’re probably too old to go trick or treating, and too lame to go to a Halloween party on a weekday. So, how to celebrate this splendiferous holiday? With games of course! Here are some nifty ones to get you in that Halloween spirit…some of them literally so. August 16, 2012 Action & Adventure, Featured, Games, Online Games No comments Diablo III Patch 1.0.4 Preview: Wizard Diablo III will be unleashing a new patch at some point that seems to be focusing more on tuning and tweaking the classes more than anything else, which is great. I love me a good tweaking, as long as it doesn’t get crazy.	cc/2019-30/en_head_0030.json.gz/line65
__label__cc	0.744235	0.255765	Introduction to CA’s Process Diagram Capital Allowances Calculator Solicitors’ Compliance cPad Off Market Transactions Car Showroom Care/Nursing Home Dental Surgery Department Store Distribution Centre FHL Apartment FHL House FHL Villa Hotel Industrial Industrial with Office Medical Centre Multi-Storey Car Park Nursery Office Office with Residential Petrol Station Public House Research Facility Retail Warehouse Retail/Shop Retail/Shop & Office Shopping Centre Sports Centres Student Residence Theatre Veterinary Surgery Purchase Cost £150,000 £200,000 £250,000 £300,000 £350,000 £400,000 £450,000 £500,000 £550,000 £600,000 £650,000 £700,000 £750,000 £800,000 £850,000 £900,000 £950,000 £1,000,000 £1,050,000 £1,100,000 £1,150,000 £1,200,000 £1,250,000 £1,300,000 £1,350,000 £1,400,000 £1,450,000 £1,500,000 £1,550,000 £1,600,000 £1,650,000 £1,700,000 £1,750,000 £1,800,000 £1,850,000 £1,900,000 £1,950,000 £2,000,000 £2,050,000 £2,100,000 £2,150,000 £2,200,000 £2,250,000 £2,300,000 £2,350,000 £2,400,000 £2,450,000 £2,500,000 £2,550,000 £2,600,000 £2,650,000 £2,700,000 £2,750,000 £2,800,000 £2,850,000 £2,900,000 £2,950,000 £3,000,000 £3,050,000 £3,100,000 £3,150,000 £3,200,000 £3,250,000 £3,300,000 £3,350,000 £3,400,000 £3,450,000 £3,500,000 £3,550,000 £3,600,000 £3,650,000 £3,700,000 £3,750,000 £3,800,000 £3,850,000 £3,900,000 £3,950,000 £4,000,000 £4,050,000 £4,100,000 £4,150,000 £4,200,000 £4,250,000 £4,300,000 £4,350,000 £4,400,000 £4,450,000 £4,500,000 £4,550,000 £4,600,000 £4,650,000 £4,700,000 £4,750,000 £4,800,000 £4,850,000 £4,900,000 £4,950,000 £5,000,000 £5,050,000 £5,100,000 £5,150,000 £5,200,000 £5,250,000 £5,300,000 £5,350,000 £5,400,000 £5,450,000 £5,500,000 £5,550,000 £5,600,000 £5,650,000 £5,700,000 £5,750,000 £5,800,000 £5,850,000 £5,900,000 £5,950,000 £6,000,000 £6,050,000 £6,100,000 £6,150,000 £6,200,000 £6,250,000 £6,300,000 £6,350,000 £6,400,000 £6,450,000 £6,500,000 £6,550,000 £6,600,000 £6,650,000 £6,700,000 £6,750,000 £6,800,000 £6,850,000 £6,900,000 £6,950,000 £7,000,000 £7,050,000 £7,100,000 £7,150,000 £7,200,000 £7,250,000 £7,300,000 £7,350,000 £7,400,000 £7,450,000 £7,500,000 £7,550,000 £7,600,000 £7,650,000 £7,700,000 £7,750,000 £7,800,000 £7,850,000 £7,900,000 £7,950,000 £8,000,000 £8,050,000 £8,100,000 £8,150,000 £8,200,000 £8,250,000 £8,300,000 £8,350,000 £8,400,000 £8,450,000 £8,500,000 £8,550,000 £8,600,000 £8,650,000 £8,700,000 £8,750,000 £8,800,000 £8,850,000 £8,900,000 £8,950,000 £9,000,000 £9,050,000 £9,100,000 £9,150,000 £9,200,000 £9,250,000 £9,300,000 £9,350,000 £9,400,000 £9,450,000 £9,500,000 £9,550,000 £9,600,000 £9,650,000 £9,700,000 £9,750,000 £9,800,000 £9,850,000 £9,900,000 £9,950,000 £10,000,000 £10,050,000 £10,100,000 £10,150,000 £10,200,000 £10,250,000 £10,300,000 £10,350,000 £10,400,000 £10,450,000 £10,500,000 £10,550,000 £10,600,000 £10,650,000 £10,700,000 £10,750,000 £10,800,000 £10,850,000 £10,900,000 £10,950,000 £11,000,000 £11,050,000 £11,100,000 £11,150,000 £11,200,000 £11,250,000 £11,300,000 £11,350,000 £11,400,000 £11,450,000 £11,500,000 £11,550,000 £11,600,000 £11,650,000 £11,700,000 £11,750,000 £11,800,000 £11,850,000 £11,900,000 £11,950,000 £12,000,000 £12,050,000 £12,100,000 £12,150,000 £12,200,000 £12,250,000 £12,300,000 £12,350,000 £12,400,000 £12,450,000 £12,500,000 £12,550,000 £12,600,000 £12,650,000 £12,700,000 £12,750,000 £12,800,000 £12,850,000 £12,900,000 £12,950,000 £13,000,000 £13,050,000 £13,100,000 £13,150,000 £13,200,000 £13,250,000 £13,300,000 £13,350,000 £13,400,000 £13,450,000 £13,500,000 £13,550,000 £13,600,000 £13,650,000 £13,700,000 £13,750,000 £13,800,000 £13,850,000 £13,900,000 £13,950,000 £14,000,000 £14,050,000 £14,100,000 £14,150,000 £14,200,000 £14,250,000 £14,300,000 £14,350,000 £14,400,000 £14,450,000 £14,500,000 £14,550,000 £14,600,000 £14,650,000 £14,700,000 £14,750,000 £14,800,000 £14,850,000 £14,900,000 £14,950,000 £15,000,000 £15,050,000 £15,100,000 £15,150,000 £15,200,000 £15,250,000 £15,300,000 £15,350,000 £15,400,000 £15,450,000 £15,500,000 £15,550,000 £15,600,000 £15,650,000 £15,700,000 £15,750,000 £15,800,000 £15,850,000 £15,900,000 £15,950,000 £16,000,000 £16,050,000 £16,100,000 £16,150,000 £16,200,000 £16,250,000 £16,300,000 £16,350,000 £16,400,000 £16,450,000 £16,500,000 £16,550,000 £16,600,000 £16,650,000 £16,700,000 £16,750,000 £16,800,000 £16,850,000 £16,900,000 £16,950,000 £17,000,000 £17,050,000 £17,100,000 £17,150,000 £17,200,000 £17,250,000 £17,300,000 £17,350,000 £17,400,000 £17,450,000 £17,500,000 £17,550,000 £17,600,000 £17,650,000 £17,700,000 £17,750,000 £17,800,000 £17,850,000 £17,900,000 £17,950,000 £18,000,000 £18,050,000 £18,100,000 £18,150,000 £18,200,000 £18,250,000 £18,300,000 £18,350,000 £18,400,000 £18,450,000 £18,500,000 £18,550,000 £18,600,000 £18,650,000 £18,700,000 £18,750,000 £18,800,000 £18,850,000 £18,900,000 £18,950,000 £19,000,000 £19,050,000 £19,100,000 £19,150,000 £19,200,000 £19,250,000 £19,300,000 £19,350,000 £19,400,000 £19,450,000 £19,500,000 £19,550,000 £19,600,000 £19,650,000 £19,700,000 £19,750,000 £19,800,000 £19,850,000 £19,900,000 £19,950,000 £20,000,000 20% - Basic Rate 40% - Higher Rate ESTIMATED CAPITAL ALLOWANCES Note: These figures are estimates and the final figures may vary depending upon the property and full circumstances. LONDON E14 9FW 36 OLD JEWRY EC2V 8DD E: INFO@CPATAX.CO.UK © Copyright - CPA Tax	cc/2019-30/en_head_0030.json.gz/line67
__label__cc	0.682688	0.317312	Singapore: Regulator Warns of Online Scam Claiming Gov’t Adoption of Crypto The Monetary Authority of Singapore (MAS) has warned the public against an alleged scam claiming that a cryptocurrency is officially adopted by the government, according to an official statement on Jan. 29. MAS, which is both Singapore’s central bank and the country’s financial regulator, writes that the fraudulent scheme is being spread through websites that offer crypto investment using false data attributed to the government. The fraudulent websites reportedly claim that Singapore is adopting a cryptocurrency as its official coin, and ask users to provide personal and financial data to buy the crypto on an exclusive basis. Apart from reporting on the new crypto scam, the MAS has again warned the public in the statement about common problems in investing in cryptocurrencies or digital tokens, emphasizing that such investments are associated with high risk. In addition, the crypto regulation-responsible authority has pointed out multiple recommendations published since 2017, including the latest one published in December 2018. Last week, the MAS banned a local initial coin offering (ICO) project from conducting a security token offering (STO) in Singapore, stating that all STOs have to comply with the country’s securities laws and are required to register with the MAS. Recently, the Malta Financial Services Authority also issued a warning against an alleged global scam scheme known as “Bitcoin Revolution.” The crypto scam allegedly represents a typical get-rich-quick scheme, and operates through the website the-bitcoinrevolution.org and several other unnamed websites.	cc/2019-30/en_head_0030.json.gz/line68
__label__wiki	0.890844	0.890844	Steven Teplitz - Participant Steven Teplitz was named Senior Vice President of Government Relations at Time Warner Cable in July 2008. In this role, he oversees the Federal Legislative, Federal Regulatory, and External Affairs groups within the company’s Government Relations Department. Mr. Teplitz previously served as Vice President and Associate General Counsel at Time Warner Inc., having originally joined the company as part of the AOL Legal Department in 1997. Mr. Teplitz has also served as an attorney in the Federal Communications Commission’s Common Carrier Bureau, where he was involved in various aspects of implementing the local competition provisions of the 1996 Telecommunications Act. Prior to the FCC, Mr. Teplitz was an attorney in private practice, where he represented cable operators and wireless carriers. From 1991-1993, he served as a legislative assistant to U.S. Senator Conrad Burns of Montana. Mr. Teplitz is a member of the Federal Communications Bar Association and previously served on the FCBA Foundation board. He is currently a member of The Media Institute’s board of trustees. Mr. Teplitz is a graduate of Colby College (B.A., with honors and distinction in Government) and received his J.D. cum laude from George Washington University, where he was a member of both the George Washington Journal of International Law and Economics, and the George Washington University Moot Court Board. He resides in Chevy Chase, MD., with his wife and two sons. Senior Vice President, Government Relations	cc/2019-30/en_head_0030.json.gz/line69
__label__cc	0.683173	0.316827	JLL Edge > Bay Area Commercial Real Estate > 5 Good Reasons Why Silicon Valley Power Is Consistently Ahead of the Game Bay Area Commercial Real Estate, Commercial Real Estate, Law Firm report, San Francisco Commercial Real Estate, Silicon Valley Commercial Real Estate, Uncategorized By: Raul Saavedra, Executive Vice President, JLL Silicon Valley Power (SVP) may not the best known utility in California but if you operate heavy power load facilities such as data centers, it’s one you probably should get to know…and fast. From my industry vantage point, data center operators throughout the Bay Area are scrambling to work with the nonprofit. There is currently single digit vacancy in the data center space market in Santa Clara and many major owner/operators are scouring the area for development opportunities. SVP was founded over a hundred years ago to provide power for residents and businesses within the 19.3 square mile city limits of Santa Clara. In SVP’s early days, manufacturing – timber, and later semiconductors –were the utility’s major non-residential customers. As heavy manufacturing moved out of Silicon Valley, markets like Santa Clara grew in popularity with other large facility users, notably data centers. The appeal of relatively cheap (at the time) land and proximity to the emerging tech economy were big draws. So, too, was cheap, abundant power. Today, SVP carries about a 530MW load but its current capacity is nearly double that. This “half loading” is one key reason why Santa Clara is an attractive proposition for data centers, since they typically require large 15-20MW loads and often need to ramp up quickly. But are there other reasons why Santa Clara makes sense to many data center operators? I sat down with Larry Owens, SVP and Customer Services Manager, and Wendy Stone of the utility’s Key Customer group, and posed that very question. They told me that data centers located in the city of Santa Clara currently represent north of 40 percent of the utility’s total load demand and gave me the following five good reasons why data centers want to locate there. Even though it won’t always be a deal breaker, price is still a critically important issue for heavy load electrical users. The simple fact is, even with transmission costs rising across the board over the last 10 years – the California Independent System Operator (CAISO) has raised the cost of transmission 400 percent – SVP has the lowest average system rate of any major utility in California. The utility’s nonprofit status and ability to sell off excess power capacity to other utilities support its low rates. “Our large load customers tell us that one of the most valuable pieces of information we can provide when they are assessing a move to Santa Clara is an analysis of our costs vs. PG&E,” says Wendy Stone. SVP rates are, on average, 20 percent lower for large energy users than in surrounding communities (see chart). For companies with large load needs and a desire to draw as much energy as possible from green power, Santa Clara is one of the top choices in the state. We’ve been consistently ahead of the game in many areas of our business, but especially renewables,” says Larry Owens. “We started investing in renewable energy in the 1980s, primarily to get away from dependence on more cost-volatile resources but today green power is absolutely a major part of our business and is increasingly valuable to our customers.” SVP sources its energy from six power plants within Santa Clara that supply about one-third of its power needs, but also through relationships with power producers throughout the state as well as in Washington and Nevada. Some of the utility’s renewable sources include geothermal, hydroelectric, wind and solar, and even landfill gas. (The utility also currently sources from one coal plant, which will be phased out at the end of 2017 resulting in a 50% reduction in CO2 per kWh.) “State mandates for renewable energy have come into play for all utilities in California over the last several years. However, we were one of the early-adopters who has easily exceeded those mandates and will continue to do so,” Larry says. Data center operations don’t just need low cost, reliable power; they need connectivity. This is often a hidden cost overlooked by operators while they are scouring sites. During the dotcom boom, SVP and several other fiber providers laid hundreds of miles of fiber and conduit throughout Santa Clara. Usage dropped off dramatically when the dotcom bubble burst but the fortunate result was that “dark fiber” – fiber with no data running through it — is readily available throughout Santa Clara today. SVP’s Fiber Enterprise fiber can often be “lit up” faster and cheaper than alternatives touted by third party carriers. “Access to fiber is an area of huge demand and with the increasing move toward cloud and mobile, if the fiber is already there, that checks a major box for data center operators,” says Wendy. Wendy Stone’s Key Customer group is typically the first point of contact for large users like data center operators. According to Wendy, “When data centers are in the process of making the decision on whether or not to locate in Silicon Valley Power territory, our goal is to be there for them and provide proactive support from start to finish.” Wendy’s team meets early on with prospective customers to walk them through the process. “We’ll include engineers and estimators in our meetings to discuss the timeline and technical aspects of their project. We’ll also connect customers with other city departments such as planning and permitting, and explain the CEQA process so that prospective customers feel they have all the information laid out for them,” Wendy says. The team also makes a point to research prospective sites to determine the current amount of power that’s available at that site and what upgrades might be needed, if any, to accommodate data center use. “Reliability is something we pride ourselves on at Silicon Valley Power,” says Larry. “And that’s true whether we’re talking about reliable power or how quickly we can respond to customer concerns and outages.” Reliability is baked into the utility’s model from the outset. System designers build to a 50 percent loading model, which is not only a huge benefit when SVP works to restore power, but also when customers need capacity quickly and on a tight timeline. “Half loading gives us greater flexibility throughout the system to support a rapid switch-to-restore outage response, but it also means we can accommodate sudden requests for additional power, even from very large users,” he says. SVP receives high marks for customer satisfaction from data centers when it comes to emergency response. “Wendy and her team are tremendous advocates for our large customers and we feel that our responsiveness with those customers really sets us apart,” he says. “When you operate a utility, outages are a fact of life but our customer outreach program and response to outages and power quality events are considered benchmarks by many of our peers. Others try to copy us,” he adds. Raul Saavedra is an Executive Vice President and data center real estate specialist in JLL’s San Francisco office. Prior to joining JLL in 2016, Raul was a senior asset manager with Digital Realty Trust, Inc., the world’s largest owner and operator of data centers. Contact Raul directly by phone at +1 (415) 354-6914 or via email at raul.saavedra@am.jll.com. Download our most recent Data Center report here. Categories: Bay Area Commercial Real Estate, Commercial Real Estate, Law Firm report, San Francisco Commercial Real Estate, Silicon Valley Commercial Real Estate, Uncategorized and tagged Bay Area, bay area real estate, Data Centers, JLL, law firm commercial real estate, law firm real estate, law firm rents, san francisco bay area, Union Square West.	cc/2019-30/en_head_0030.json.gz/line72
__label__wiki	0.805212	0.805212	Office of Communications and Public Affairs Artist highlights power of community-based art at Cal State LA New Brand Guide Social Media Road Map -- Is Social Media Right For You By Jillian Beck \| Cal State LA News Service Los Angeles artist Kim Abeles spoke at Cal State LA on Tuesday about the power of community-based art to bring attention to important societal problems. “I realized that—wow—you can make this art and it can actually have a social impact on people,” said Abeles, also a lecturer for Cal State LA’s Department of Art in the College of Arts and Letters. Her remarks were part of the Sixth Annual Academic Senate's Distinguished Lecture on Engagement, Service, and the Public Good on March 5. Academic Senate Chair Veena Prabhu welcomed the university community to the lecture, emphasizing the importance of Cal State LA’s commitment to serving its students and community. “Engagement, service, and the public good—over the years, the way these three words have manifested themselves from the curriculum to the projects we are doing, the way they have impacted our students, our community, they are indeed three powerful words,” Prabhu said. The Academic Senate dedicates one meeting per academic year to a formal presentation by a distinguished lecturer. “This lecture gives us an opportunity to reflect on and recommit to the mission of Cal State LA and its connection with engagement, service, and the public good,” Cal State LA President William A. Covino said before introducing Abeles. Abeles walked guests through her extensive body of work that involves a vast array of issues including air and water pollution, recycling and domestic violence. Her art explores biography, geography and environment and focuses on the urban environment, feminism, aging, HIV/AIDS, labor, mental health and collective memory. In 1987, she innovated a method to create images from the smog in the air. These works of art, known as Smog Collectors, brought her national and international attention. She recently completed a series of sculptural suitcases, which were on display at the event, for Camp Ground: Arts, Corrections and Fire Management in the Santa Monica Mountains that embeds artists in the Los Angeles County Fire Department to work in collaboration with the paid and inmate workforces. Abeles has created art with women and children who have experienced domestic violence, local students and others in the community. She has also created community-based projects with the California Science Center, air pollution control agencies, nonprofits, health clinics and mental health departments, and natural history museums in California, Colorado and Florida. “We talk about this a lot—there’s a moral responsibility and an emotional responsibility you have working on these works because you are working with real people,” Abeles said. She received the 2013 Guggenheim Memorial Fellowship and has received fellowships from the J. Paul Getty Trust Fund for the Visual Arts, California Community Foundation and Pollack-Krasner Foundation. In 2018, Abeles was artist-in-residence at the Institute of Forest Genetics; her project entitled, Resilience, was funded by the NEA and administered by the El Dorado Arts Council. Her work is in public collections including MOCA, LACMA, the Berkeley Art Museum, the California African American Museum and the National Geospatial Intelligence Agency, and was on display in the Cal State LA Fine Arts Gallery as part of the School for Endurance Work exhibit, which closed in February. “Community-based art takes you to so many places,” Abeles said. “I wouldn’t trade it for the world.” Photos: Above, Los Angeles artist Kim Abeles speaks at the lecture. Middle, Several of Abeles' sculptural suitcases were on display at the event, which she created for Camp Ground: Arts, Corrections and Fire Management in the Santa Monica Mountains that embeds artists in the Los Angeles County Fire Department to work in collaboration with the paid and inmate workforces. (Credit: Ty Washington/Cal State LA) California State University, Los Angeles is the premier comprehensive public university in the heart of Los Angeles. Cal State LA is ranked number one in the United States for the upward mobility of its students. Cal State LA is dedicated to engagement, service, and the public good, offering nationally recognized programs in science, the arts, business, criminal justice, engineering, nursing, education, and the humanities. Founded in 1947, the University serves more than 28,000 students and has more than 245,000 distinguished alumni. Cal State LA is home to the critically-acclaimed Luckman Fine Arts Complex, Pat Brown Institute for Public Affairs, Hertzberg-Davis Forensic Science Center, Hydrogen Research and Fueling Facility, Billie Jean King Sports Complex and the TV, Film and Media Center. For more information, visit www.CalStateLA.edu.	cc/2019-30/en_head_0030.json.gz/line73
__label__wiki	0.797836	0.797836	tags 'health care', 'healthcare', 'obama' Current selected tags: 'health care', 'healthcare', 'obama'. Clear. Florida governor fights Obama administration over healthcare funding From news.yahoo.com - April 16, 2015 3:32 PM Florida Governor Rick Scott said on Thursday he will sue to stop U.S. health leaders from ending more than $1 billion in federal funding for low-income patients, arguing it stems from the state's refusal to expand Obamacare for the working poor. Scott pledged to take legal action, but provided no details, amid an escalating fight between Florida's Republican leaders and President Barack Obama's administration. The dispute has become entangled in Florida's rejection, so far, of about $51 billion in federal dollars available over 10 years to expand Medicaid coverage to some 1 million Floridians under the Affordable Care Act, known as Obamacare. Scott singled out a letter this week in which federal officials acknowledged a connection between Medicaid expansion and ongoing negotiations with Florida officials over the state's "Low Income Pool." Florida stands to lose about $1 billion in federal funding to pay hospitals for treating needy patients. He contends the Democratic president is "crossing the line into a coercion tactic" in violation of a 2012 Supreme Court ruling allowing each state to decide whether to accept the expansion. "It is appalling that President Obama would cut off federal healthcare dollars to Florida in an effort to force our state further into Obamacare," he said in a statement. Debate over expanding Medicaid has deadlocked Florida's GOP-controlled legislature. State senators want to take the money, but their counterparts in the more conservative House of Representatives remain staunchly opposed. Florida's low-income pool, launched in 2006, had been designed to support safety-net hospitals for a limited time, U.S. health officials said. Expanding Medicaid would reduce the financial burden of uncompensated care in Florida, they noted. Medicaid expansion and low-income pool funding "are linked in considering a solution for Florida's low income citizens, safety net providers, and taxpayers," Vikki Wachino, an acting director for the U.S. Centers for Medicare and Medicaid Services, said this week in the letter to state officials. Following a one-year extension, the federal funding is now due to expire in June. Scott, once a tepid supporter of expansion, recently backpedaled. He said he no longer trusts the federal government to honor its funding commitment amid the dispute over the low-income funding for hospitals, which has stalemated negotiations over the state's more than $80 billion budget.	cc/2019-30/en_head_0030.json.gz/line74
__label__cc	0.673856	0.326144	Beyond the Sling: A Conversation with Mayim Bialik By Tracy G. Cassels There has been no celebrity quite as outspoken or involved in the Attachment Parenting world as Mayim Bialik. Not only can you count on seeing her image in any piece on celebrity breastfeeding, but she serves as the celebrity spokesperson for the Holistic Moms Network, a US-based organization focusing on positive parenting, holistic health and nutrition, and green living. She also writes her own blog on Kveller and stars in The Big Bang Theory as Amy Farrah Fowler. And now to top it off, she’s written a (sadly) controversial book about parenting attachment-style which has (luckily) been a huge hit so far, Beyond The Sling. I was lucky enough to be able to have a chat with Mayim in the midst of all this hoopla and am pleased to say she’s as nice and well-spoken as you would imagine. So, is this all what you expected? Um… No! We’ve already went into a third printing. That’s awesome! But I’d like to ask how you managed to do it. You’re homeschooling, you’ve got your blog, you’ve got a show, you’ve got young kids at home still, and now… a book. Well, part of the secret is that my husband is home with our boys, but for the first couple years of both their lives, it was me at home. I started auditioning again when Fred was almost one. I write when our boys sleep, I don’t have much of a social life, and I don’t get many hours sleep. But everything gets done without nannies or assistants or any of that, I promise. You’ve talked on your blog a bit about how Miles was a high-needs child and you had problems breastfeeding – problems many moms face. Yet in our society the response to that is to switch to formula, use cry-it-out. I agree with you that these are not the answers, but what advice would you give to parents who are faced with that kind of high-needs child? When you have a high-needs child I think it’s even more important learn about the body, to learn about what it means to respond to those needs. Sometimes high-needs children are just better at telling us – loudly – what they need, so in a way it’s kind of a blessing. It was extremely frustrating having two children who really did not want to be put down for many, many months, but my husband and I spoke to enough people and I got enough support from La Leche League International and from other women who were parenting this way to have the strength to shift my expectations and know, “Oh! I’m not going to be able to get back to my social life, my schedule, my shopping, really anything right away.” And that’s kind of the universe’s way of giving us a present and teaching us to slow down. My daughter was the same and I found my experience has changed me as a person, but I love the person I’ve become. Sure, but it’s scary to a lot of people. I think especially in a productive and kind of feminist society it’s not valued to surrender that way to the needs of a child. When people ask me what the hardest part is of parenting this way, I think it’s exactly what you just touched on, it’s not walking away when a mirror is held up in front of you and you see how much you are ruled by the expectations of society instead of what your desires are and the needs of your family. In line with that, what do you think will end up changing, globally, society’s expectations for mothers and their children and that relationship? I think Ricki Lake has shown exactly what can happen. When two women who are not satisfied with something really put their money where their mouth is. Ricki Lake did support for this book, which has been tremendous, but I think she’s a perfect example of someone saying, “It’s not acceptable how we treat women’s bodies and how we treat childbirth”. I think that’s been an amazing start to what I hope is a wider understanding in this country [the USA] because many countries get it. I talk a lot about the Scandinavian countries in the book, about the dozens of countries that have made hitting illegal, about the countries with far better infant and maternal mortality rates than us. There are places in this world that get it and we should look to them and see how we can learn from them – even if our society is not as small, not as homogenized, not as wealthy – there are still things we can learn. I love the Scandinavian countries. Their policies just seem so humane. You look at their education system and I know people argue it’s just the system that’s better, but I think it starts even earlier. The reason their kids do so much better is that they have this foundation to work with. And when parents are told that it does matter that they raise their children, it absolutely shifts the climate of a culture. When you’re told that you don’t have to give up your salary simply because you want to be with your child, it absolutely changes the fabric of the society. One of the things they have there – and you have a perfect example of it with your husband at home – is there’s a huge involvement of fathers. How important do you think that is in practicing attachment parenting? Obviously it’s not necessary – single mothers can do it and do it – but how helpful do you think it is to have fathers more involved like they are in those Scandinavian countries? It’s difficult to answer because, especially in this country, there’s a huge emphasis a certain liberal philosophy about parenting. Even in the book we had to be very careful to not only talk about married couples and not to only talk about husbands. I think, speaking biologically, the male and the female primate do serve a very specific function for babies, but I think even more than that a community in general is very important to primates. Other women are exceedingly important and some would argue possibly more than having a husband or someone of the opposite sex there. So I think both of those things are extremely important in different ways. I was asked a question about this by a stay-at-home dad, who is a really interesting guy and who interviewed me when I was in New York for the book tour. I said that I think attachment parenting made my husband more able to be present and really helped him to make a confident decision about being home. I don’t know if he would have been as confident about the decision to be home if he didn’t already have such an amazing connection with our boys because of baby wearing, because of co-sleeping, because of believing that their voice mattered as infants. It really forged a fantastic relationship between him and our kids that I think if we didn’t parent this way, he would not have the same way. I actually only realized this on the book tour. I realized that I don’t think he would have had the confidence if he hadn’t been an attachment parenting dad to begin with. That’s incredible because I do think there are a lot of dads who may be supportive of mom doing it, but who may not jump on board themselves. There’s a disconnect in that attachment parenting is seen as a mom’s area and dad’s going to do the rough and tumble things down the line. I find a lot of policy-makers are resistant to the type of information about policies around the world, like the family-centered policies in the Scandinavian countries. It seems to be very strong in the US, but the science is out there, the research is out there, so how do you get these people to listen? Is it money? Honestly, I’m not sure. I think there are probably people more qualified than I to decide that. Not to sound like Marx, but I think we do have to start with the people. And I think that will in a large way determine where we go from here. I think we need to get more people knowing about these kinds of things and making them care. I’ve been online a lot and there’s a debate happening in New Zealand over a public policy ad that had an image of a rugby player bottle-feeding his daughter in an anti-smoking campaign. When La Leche League was asked their opinion by the government, LLL stated that the image may do harm to a breastfeeding campaign that they’ve got going on at the same time. So the government removed the image and it’s caused a huge stink all around New Zealand and beyond. People are arguing that the removal disrespects father’s rights and it’s a beautiful way for a dad to bond with his baby and it shouldn’t matter. Yep. And the places like the Natural Parent Magazine in New Zealand have been bombarded with accusations that they don’t care about dads, etc. What do you think of these types of situations? First of all, LLL takes no particular stance on bottle-feeding or not, meaning, their latest edition of The Womanly Art of Breastfeeding has an entire section about work. When The Womanly Art of Breastfeeding was published by LLL in 1958, there was no chapter on work. So they’ve come a long way. LLL helps women who pump, helps women who go to work. But I think the normalization of bottle feeding in our culture is what they’re very sensitive to. I know dads who have bottle-fed breastmilk and I think what is potentially problematic, and I’m not taking a stance, is that that should not be the only vision of how dads bond with their babies because it absolutely does get into women’s heads that this is the way for dad to bond with the baby. Our first son never took a bottle and our husband was able to bond with him in numerous ways – baby wearing, being close to him in general, sleeping with him – there is a ton of things to do. But again, the normalization of bottle-feeding as either a way to feed a child equivalent to breast milk, which it’s not, or as the only acceptable way for us to have dads involved, it is potentially damaging. I see how many men in North America make the statement of that is how they bonded with their child and I’m appalled that this is seen as the only way in which they can bond with their child. Also, a lot of that rhetoric comes from the “mom needs a break” philosophy and again, that’s very, very Western, very geared towards productivity, independence, an obedient child. Those are all things that can only happen if mom is well rested and mom gets a break. It’s very wrapped up in a lot of that, and it’s obviously incredibly complicated. Unfortunately, I don’t think it’s doing anyone a favour – mom, dad, or child – because the best type of bonding doesn’t come from that kind of relationship. No, and it only reinforces this concept that mom can’t do it unless someone is giving her that kind of break. Though I think there is a case to be made for working mothers who return to work at six weeks and come home to a newborn – they need a mental health break. But to me, she should have a longer time at home with baby before having to go back to work. Yes, shift the expectations of culture as well to not require women to return, even psychologically, to the way they were before. I couldn’t read a newspaper for weeks and weeks, my brain would not work. And instead of wondering why and saying, “Oh I’m holding this baby too much”, I simply said, “I guess people will tell me if something big happens in the world” because I couldn’t get my head around it right now. So I have to ask one that I know is a little tougher because it’s a controversial bit and that’s circumcision because you did circumcise both your boys. My question is based on something you said in another interview that made me think that though you did it, there may have been feelings that it was not a perfect, happy scenario. [Note: The quote was, “my decision to appreciate the traditions of Judaism that say that when you think you are right, you are wrong” in response to a circumcision question.] I’ve generally resisted speaking about circumcision, largely because the holistic community has made it virtually impossible to speak about in this way, meaning there has not been any place for dialogue when speaking about it only leads to me being called a mutilator. I think that’s a problem because I’m writing about it now and I feel, well, I’ll be honest that I’m not Jewish and I wouldn’t do it if I had a boy, I have no reason to… And I don’t support circumcision for non-religious reasons. I also don’t equate female genital mutilation with bris and many people simply do and to me that’s the end of a conversation. What I try and say, and this is the statement of the Holistic Moms Network – I am their spokesperson – they state that they make no stance on religious circumcision. There are communities of observant, attachment parenting, Jewish women who are open to discussing the complexity of the ancient covenant, but in general, it’s only led to statements about me worshipping a false god, and things like that, that I just can’t open up to. And I think that once you start name-calling, you lose the ability to hear from the thousands of women who do want to shed light on this in a positive way. It’s been very difficult, and that’s the easy answer. I have to admit I’m very sad to hear that because you’re obviously a very intelligent person and so if a discussion could get going with the intent of highlighting certain issues around it, it could go further with you taking part, but I know it’s impossible when the other side just shuts you down. Well, yeah. And if there’s one thing I hope will occur on a mountain somewhere in the desert it’s the Revelation that we can shift this covenant, but I don’t think that’s going to happen either! Shifting gears here… if you could initiate one worldwide policy with respect to parenting, what would it be and why? Oh gosh! I think there have already been tremendous answers in the understanding of pregnancy and breastfeeding that we’re trying to institute worldwide. I think teaching women about their bodies and the normal physiology of pregnancy and labour and breastfeeding in pregnancy would be an incredible gift, even if it’s in the form of a pamphlet. We’ve seen changes in breastfeeding with that kind of information being given out, but I think it needs to expand to include labour and childbearing. Do you think it needs to happen during that time? I’ve had people on my site suggest that we need to give this information earlier, like in high school to get people more normalized to it. I definitely think it would be good, but it adds a little bit of complexity. But yes, I think even more so than teaching about safe sex, and which condom to use, it would be a tremendous benefit to teach about the normalness of human physiology in pregnancy, labour, and birth. One last question before you go. Which character on The Big Bang Theory do you think would be the best Attachment Parent? Because I don’t think it would be Amy… I think it might be Amy because of her research on primate physiology and I think we know that Leonard’s character has severe attachment problems as his mother has noted – she barely held him and didn’t want to parent him. But not Bernadette? I always thought it would be Bernadette. Oh that’s funny. She does look like a real mother goddess! I’ll have to tell her tonight when I see her. Okay – thank you so much for taking the time to talk to me. Mayim Hoya Bialik is best known for her role in the 1990s NBC sitcom “Blossom.” Bialik was born to first generation Jewish American parents who were documentary filmmakers and teachers. She drew international attention when she played the young Bette Midler in “Beaches” in 1989 and has had guest roles on some of television’s most beloved shows of the 1980s and 1990s. She appeared in Woody Allen’s “Don’t Drink the Water” in 1994, and has more recently appeared HBO’s “Curb Your Enthusiasm.” Bialik stars regularly as Sheldon Cooper’s friend who is a girl, Amy Farrah Fowler on CBS’ “The Big Bang Theory.” Bialik earned a BS in Neuroscience and Hebrew and Jewish Studies, and a PhD in Neuroscience in 2007 from UCLA. Her thesis in psychoneuroendrocrinology examined the hormones of attachment and their role in obsessive and compulsive behaviors in a genetic syndrome featuring hypothalamic dysfunction. Dr. Bialik designs and teaches a Neuroscience curriculum to junior high and high school homeschoolers in Southern California. Bialik is married to her college sweetheart and has two sons: Miles Roosevelt, born naturally in 2005 and Frederick Heschel, born at home (unassisted until the final push) in 2008. She is the celebrity spokesperson for the Holistic Moms Network and she speaks nationally and internationally on topics including green and holistic parenting, religion and observance, feminism, and the industry that has employed her since she was a child. She writes regularly for Kveller.com and her writing has been featured in a variety of print and online publications. Dr. Bialik has completed coursework and training to be Certified Lactation Educator/Consultant (CLEC), and eventually plans to be an International Board Certified Lactation Consultant (IBCLC). Touchstone Books, a division of Simon & Schuster, will release Bialik’s first book, Beyond the Sling: A Real-Life Guide to Raising Confident, Loving Children the Attachment Parenting Way, with an introduction by Dr. Jay Gordon, in March 2012. Please visit: www.mayimbialik.net/beyondthesling or www.simonandschuster.com for more information. To purchase Beyond the Sling, you can follow this link: Tracy Cassels, PhD2019-03-28T22:24:25-04:00 About the Author: Tracy Cassels, PhD Tracy Cassels, PhD is the Director of Evolutionary Parenting, a science-based, attachment-oriented resource for families on a variety of parenting issues. In addition to her online resources, she offers one-on-one support to families around the world and is regularly asked to speak on a variety of issues from sleep to tantrums at conferences and in the media. She lives in Prince Edward County, Ontario, Canada with her husband and two children. Motherhood and Art: An Interview with Gioia Albano Pinky McKay’s Interview With Me July 15th, 2013 \| 1 Comment Interview with Darcia Narvaez June 2nd, 2013 \| 1 Comment Five Questions with Dr. Helen Ball April 4th, 2012 \| 1 Comment Kelly March 28, 2012 at 4:37 pm - Reply Religion should NEVER be forced on another person’s body. Genital cutting is a violation of human rights. The foreskin on boys, whether they are Jewish or not, is there for several biological reasons. No child should lose such an integral, functioning part of their genitals because of their parents’ selfish religious views. That is HIS body. Why is it so difficult to let the child chose the covenant for himself? http://www.beyondthebris.com/ Corey March 28, 2012 at 5:47 pm - Reply I think you are proving the point Mayim made in her interview. In what way exactly? I did not name call. Human rights trump religious rights. That’s a fact. Female genital mutilation and male genital cutting/circumcision/bris are analogous. Cutting a child on the genitals, boy or girl, clearly violates his/her human right to security of person AND his/her right to freedom of religion. I am not calling her a “mutilator” — the procedure in and of itself is mutilating. Genital cutting is in no way “holistic” and it goes against all principles of attachment parenting. It’s like she was SO close to making a <> impact for babies and children but….. Just imagine if she did all these great things for attachment parenting theory AND respected her sons’ rights to genital integrity and autonomy. There is no god higher than TRUTH. -Gandhi The following article was incredibly eye-opening for me in my search to understand the ritual of genital cutting. I will add, I am the mother of one circumcised and two intact boys. When you know better, you do better. http://www.drmomma.org/2011/10/circumcision-identity-gender-and-power.html Tracy March 28, 2012 at 7:51 pm - Reply I’m not religious so I always find it hard to approach these issues with the right information, but this was a comment from someone on my post on circumcision and I think it hits the nail on the head (I’m hoping she doesn’t mind my sharing it here – I’ve asked, but I’m impatient so I’ll remove it if it’s a problem): Btw, the point to entering your children into a covenant with God is, for both Jews and Muslims (Christian too but different covenant) it is a requirement of raising your children properly to see them entered into that and grown up within the beliefs of the religion. Think of the secular equivalent being the argument that you should teach your kids to read, yes, they could make that choice themselves at a later date, but it’s part of your job as a parent to make sure they become literate. Asking an observant Jew to wait until their child is an adult would be a similiar parenting fail as asking a dedicated English teacher or writer to wait until their kid was an adult to decide for themselves if they want to learn to read. You, as parent, know that this is the best course for them and will do everything in your power to make sure they follow that course. Asking Jews to wait until their kids are ‘old enough’ to decide for themselves is, ultimately, to ask them to believe and behave in a manner that shows their religion is not the best choice. And I don’t care if you’re a Biblical Christian or a Druidic Shaman, why would you hold to and practice a religious belief if you didn’t believe it was the best path to be on? I think asking religious people not to ‘indoctrinate’ their children (which they are asked, even commanded to do all the time all over the world) is telling them they are not actually allowed to practice their beliefs. It’s like society saying “you’re insane, and we’ll let you proclaim your belief in your insanity, but you can’t drag anyone else into it” which, regardless of how I, we, society feels about any specific religion, is a very dangerious road to go down. I think it is very one sided to just completely disregard one’s religion in this case and to go straight into a diatribe about mutilation. I did not circumcise my boys. The procedure was not for me, and it is not the norm in the highly Catholic and Hispanic area that I live in. That being said, I don’t think that you can tell a person to not follow an act that is so strongly attached to their religious beliefs. And to be honest as much as I would never do that to my child, I have dated many circumcised men that don’t think twice about the appearance of their penis. No that doesn’t mean that there is nothing to think twice about, but that does mean that circumcision is not the end of the world for many men. I totally agree. I think we cannot disregard religious beliefs in this discussion. We can try to work to change them, but it has to be done with an openness to hearing the other side and acknowledging where they’re coming from. I also tend to find things like CIO more harmful in the long run, but that’s my opinion. Jespren March 28, 2012 at 8:33 pm - Reply I’m the author of the above that Tracy copied over (no prob Tracy, you can always quote me) and wanted to add one thing given the particulars of this conversation. It’s ludicris to say “human rights trump religious rights”. The right to freely believe and practice one’s religion IS a human right. It’s like saying ‘human rights trump human rights’, it’s completely nonsensical. One could argue that bodily intergity is more important than human rights, but I think there is a reason we call them ‘basic human rights’, they come first and superceed everything else. One can certainly have a legal right to bodily intergity, but that merely legal right bows first to basic human rights, as is proper. And making the claim that humans have an intrinsic right to bodily integerit is quite outside of the bounds of logic. Societies the world over, including our own, has long used body modification to fit a member into society. Is circumcision ‘mutilation’? Of course it is! But that doesn’t make it inheriently contrary to anyone’s rights. We peirce the body, use braces to modify faces, bind feet in hard soled shoes, even allow for underage parental consent of tattooing. In other times and cultures they bound heads, flattened faces, stretched necks, corsetted waists, bound feet, constricted arms, wrists, legs, stretched ears, lips, tongues, cut faces, bodies, genitals, carved flesh, ground teeth, the list is practically endless. Are all these people, past, present, and future somehow abused because their parents and society modified their body to follow religious or cultural rites? This stretches the definition of a right’s abuse past any semblance of logic or sense. The human body has long been a canvass that all peoples have used to express their religion and culture to themselves and others upon. And it’s a parent’s proper right to see that their child is brought up within that culture. To say that ‘mutilation’ (of any body part) is, in and of itself, abusive makes almost everyone to have ever walked the earth an abuse victim. That’s not what the term means. An action must be taken out of it’s proper context, it must lose meaning and significance before it can ever be considered inappropriate. A relgion has just as much right to circumcise a member of that religion as it does to stetch a lip or ear or to scar. Somewhere right now a mother is adjusting the lip plug on her young daughter, one day it will be so large that, like herself, her daughter will be unable to chew and only drink foods. That mother isn’t abusing her daughter, she’s doing what every good parent there has done for generations to make her daughter a proper member of the tribe. But if I did that same thing to my daughter? I would rightly be accused of abuse. I’m not Jewish, nor Muslim, nor any other faith that requires circumcision, and I think it an utter travesty, one that should be put a stop to, when others not of such faiths choose to mutilate their kids without cause or purpose, just because. But to a Jew? They have cause, and purpose, they are being proper parents and doing what they must to make sure their children become a proper member of their tribe. The right to religious freedom, and the right to parent one’s own offspring in accordance to your culture and religion is a human right, and should never be taken away. Prostylize all you want to try to get other parents and would be parents to give up their old culture/religion and join another that follows a different path, absolutely! After all, if you didn’t feel your path was best why would you follow it? But you can not force people onto any path without actually taking away real, basic, inalienable human rights. Sorry, I didn’t realize on my cell how long that was getting. Kelly March 29, 2012 at 12:03 am - Reply I am not completely disregarding anyone’s religion nor am I telling someone not to do something. I am simply stating that the act of cutting a child on the genitals, whether done because of religion or culture, violates his/her rights to security of person (bodily integrity) AND religious freedom. The basic human rights of every human born should trump their parents’ right to religion. People should absolutely be free to practice their beliefs but in 2012 religious freedom ends where your body ends and should never be forced on someone else’s body. When a child’s body is cut or altered in any way, his/her right to security of person is violated along with the right to religious freedom. Example, my husband is Jewish and was circumcised. Is he observant? No. Does he wish he still had his foreskin? Yes. His parents made an irreversible choice thinking it was the best thing for him based on their beliefs but not thinking about what he might someday believe or not believe. They forced him onto that path and took away HIS human rights for their own selfish reasons. You can either look at like it’s taking away the rights of the parent or protecting the rights of the innocent child. You either believe a male child deserves the right to his whole body and freedom of religion or you don’t. Our society doesn’t allow this sort of religious freedom for the parents of baby girls. We don’t allow cutting, removal of the clitoral hood, or even a tiny pinprick to female genitals for religious reasons. Nor do we allow young girls to be married off for religious reasons. These rituals also have cause and purpose in their tribe and are just as important to them as cutting is to Jews but they are illegal in our country. Are you saying female genital mutilation should be allowed for religious reasons? Forced marriages for 12 year old girls – is that ok with you because the parent is simply doing what they have to do so the child is accepted in the tribe? It’s quite hypocritical to say one religion should be allowed to practice genital cutting on boys but another religion cannot simply because the person subjected is a girl. Also, important to note – Mayim Bialik wasn’t raised religious (her words), married a Mormon, and she’s VEGAN! sighhhhhh. Tracy March 29, 2012 at 12:31 am - Reply I think you raise the points that need to be raised in this discussion. I think many men wish they weren’t circumcised, and yet I’ve heard of the opposite – Jewish parents who didn’t and the sons resented it later because they didn’t “fit in”. The legal argument is what interests me most because I do believe that if we allow circumcision for religious purposes, we also need to allow the female equivalent for religious purposes. The question some would raise is which direction to go because some would believe it would be to legalize certain forms of female circumcision. However, the intent behind the religious act is also of importance. Certain forms of female circumcision are done as a means of sexual control and thus they lose the “religious” power. Jewish circumcision is done to form the covenant between the male infant and God. But yes, it is highly legally hypocritical to not have it legalized for females, but legalized for males (it’s what I said in my series on Circumcision). As for the rights ending at an infant’s body, I disagree. Take vaccination for example – many people are against it, some wishing they hadn’t been vaccinated, but we allow – even encourage it – because we see that harming the infant (pain, and sometimes more) is worth it for a future benefit. Religiously speaking, an infant’s spiritual well-being is at stake and that is paramount for many religious parents. Most importantly, I wouldn’t call it “selfish” – in fact, quite the opposite. Putting your child through pain is no easy feat for any parent and to do it is to do it under the belief that there is something far more important at stake. Whether or not your child grows up to believe in that is a different story, but if you truly believe, how else can you be expected to act? This is why many people take a different stance on religious versus non-religious circumcision. Even Mayim admits she does not agree with non-religious circumcision because there ceases to be a greater good to the pain inflicted on the infant. As I’ve stated, there is absolutely no room in my view for non-religious circumcision, but religion adds complexities that need to be addressed and discussed and if changes are going to be made, it has to be through education. As to your points about Mayim – I don’t understand the problem. Some of the most religious individuals became so later in life. And circumcision for religious purposes has nothing to do with veganism. She’s vegan due to her religious beliefs as well. Jespren March 29, 2012 at 5:01 am - Reply I think the point to the Veganism was that one can’t be an observant Jew (which requires eating meat at least once a year) and a vegan, so if she can be non-observant in one area of her religion, why can’t she be in another (circumcision). My best guest. Not really a very fair argument, in my assessment, but one I have heard tossed about before. Alia March 29, 2012 at 6:41 am - Reply This is a spectacular point. I wish it would have been addressed in the original interview! Is she vegan except for that eating meat once a year (I’d totally understand if she ditched the vegan for a day to stay observant) Abraham September 25, 2014 at 2:58 am - Reply The post is old but the discussion is so interesting that I want to jump in. There is always a way to rationalise certain behaviour, specially when religion is involved. For instance, Jehova’s Witnesses refuse blood transfussions for religious reasons. Just talk to them and they will explain you what are all issues related to blood transfusions and why God does not approve them. When it comes to their children, they often see themselves in court, with the judge overruling the parents refusal. When you are guided by religious beliefs, that’s what you end up doing. Denying necessary medical treatment, cutting your son’s genitals, etc. etc. despite the silenced inner voice trying to reach up to you in order to stop that non-sense. But, since it is a religious matter people are supposed to stand back and show the utmost respect. Well I disagree, in the particular case of the circumcision, it is an ancient, dangerous, painful and over all unnecessary practice with no place in modern society. So if your religion requires it, change religion. If your community rejects you, then move elsewhere. There are no added complexities if you use common sense. It is a pity that intelligent, successful and caring persons like Mayim yield to such dark practices. They don’t seem able to see that in such way, the simply perpetuate them. I would advise Mayim to follow her own advice and trust her instincts and not to hear what the people around has to say (including priests, rabbies, etc.). I don’t know if you’re in the U.S. or in Canada, but if you think underage marriages don’t happen for religious/cultural reasons in the U.S., perfectly legally, well, you should look into it. Many states allow for parental consent marriages of underage girls/boys and many such marriages (although certainly not all) happen among distinct segments of the population which holds to arranged marriages for cultural/religious reasons. And no, I don’t have a problem with that. It’s historically far more common for a marriage to be arranged than not, and even today arranged marriages have a much lower divorce rate. I have absolutely no moral or legal problem with a Traveler family marrying their 14 year old daughter to her 16 year old 2nd cousin because that’s how it works in their society. Exqually so female circumcision, as Tracy mentioned a lot of it is geared strictly towards repression and has lost any religious base, but a complete outlaw of the practice, not allowing for even some for of ritual observation for religious/cultural reasons is a travesty and the federal government trampling all over religious freedom, a human right. Nokomis February 25, 2014 at 5:19 pm - Reply i was a really big fan of mayim’s until i learned of her hypocrisy. she’s such an advocate of attachment parenting, but she allowed what is the most violating, traumatizing, dissociating experience of an infant’s life to happen to her children. there is no way to argue that this does not change bonding. she gave her children over to monsters to be mutilated. she did not protect them. i don’t believe this is something a male can ever truly heal from. being a neuroscientist, you would think she would be aware of the studies proving that circumcision literally changes the wiring in the brain. it presets the child for psychological problems. not very intelligent. it’s strange that she would be advocating for children and then turn around and allow that to happen to her own. judaism is HER religion. she has NO RIGHT to carve those beliefs into someone else’s body. clearly she has no grasp of the moral principles behind attachment parenting, which are basically to treat your child as an individual human being, because that’s what they are. individual human beings have a basic right to their bodily integrity. and to say that circumcision is not comparable to female genital mutilation is absolutely bloody ignorant. you are performing a culturally-based genital surgery on an unconsenting minor with the intent to remove sexual sensation and function. that is genital mutilation. there is no difference. i don’t think i’ll ever be able to watch big bang theory again. To Cut or Not To Cut: Finding Alternatives to Circumcision \| Infant Circumcision Information for Parents July 11, 2014 at 1:20 pm - Reply […] speak about … meaning there has not been any place for dialogue when speaking about it,” she told the website Evolutionary Parenting. “[It] only leads to me being called a […] Why would a woman support the men’s rights movement? September 10, 2018 at 1:20 am - Reply […] assertion that there is “no way to compare [MGM with FGM]” in her criticism. Mayim Balik, who circumcised her sons, rails against FGM. Ashley Judd, a United Nations Population Fund Goodwill Ambassador has said that […] Click here to connect!	cc/2019-30/en_head_0030.json.gz/line79
__label__wiki	0.727617	0.727617	Location Ukraine Fascists threaten the independence of the court in the capital of Ukraine August 17, 2018 Analyst, Ukraine No comments On the last day of July, representatives of the ultra-right organization C14 broke into the premises of the National Academy of Advocates of Ukraine (NAAU) in Kiev. Three dozen young people tried to disrupt the meeting of the defense lawyers’ committee. The lawyers called in the Podolsky district police department and replaced them with a request to send uninvited guests. The police said they did not see any violations and simply contemplated the continuation of the conflict between lawyers and fascists. The reason was the conflict between fascists and lawyer Valentin Rybin in the building of the Court of Appeal of Kiev. On July 18, the court seized Sergei Mazur, one of the leaders of the fascist gang C14, accused of gypsy pogrom. On July 27, the court considered an appeal for his arrest. Several dozen fascists came to support their leader and met in court lawyer Rybin. They insulted the lawyer and tried to beat him. In response, the lawyer applied to the National Advocates Association of Ukraine, asking for an assessment of the situation. An emergency meeting of the relevant committee was scheduled for July 31. Then the fascists seized the meeting hall, and the police were inactive. After that the pressure of the fascists on the courts continued. As a result, the courts of the city of Kiev made them a number of unjustified concessions. On August 6, 2018, the court found Mikhail Stryzhka, an activist of the C14, innocent of being guilty of two years ago in court. During the announcement of the decision in the hall there were members of C14. On August 7, the Kyiv Appeals Court partially granted an appeal on the case of coordinator C14 of Sergei Mazur, suspected of pogrom the Roma camp on Lysa Mountain, sending him under house arrest. At the same time, more than a hundred people, including members of the organization C14 gathered in the courthouse in support of Mazur. MP of “Samopomich” Pavel Kostenko filed a petition that he was ready to bail a suspect. The joint pressure of the Nazis and MP forced the court to ease the measure of restraint on a serious crime. On Tuesday, August 7 at the Court of Appeal of Kiev, the radicals from C14 attacked the lawyer Oleg Povalyaev. After comments by a lawyer about the inadmissibility of provocative behavior in court, two of them grabbed a lawyer, and the third hit him in the face. This was reported by the press service of the National Advocates Association of Ukraine. Povalyaev participated in the court session, which also had several people with the symbols of C14. Those behaved frankly provocatively, showing complete disdain for the participants in the trial and tried to disrupt the court session. The lawyer made a remark to them, after which he was beaten. After the announcement of the break in the court session, the lawyer at the exit from the courtroom collided with a group of about 30 people. They, shouting insults and foul language, began to threaten him with physical violence in connection with the fact that the lawyer, in their opinion, protects not the one who “should.” From the police, who was present at the events, there was no reaction. Thus, the joint actions of the fascists and the inaction of the police violate the independence of the courts in the capital of Ukraine, and lawyers can not fully perform their duties to protect their clients. Ukraine did not know anything like this before the 2014 coup. Meanwhile, in Western countries, many naively think that in Ukraine there is a strengthening of young democracy. lawlessness, Ukrainian fascists, Ukrainian police	cc/2019-30/en_head_0030.json.gz/line80
__label__wiki	0.81913	0.81913	Low Turnout, Campaign Violations Persist in Mansehra By-Election Election Observation Press Releases Islamabad, February 27, 2019: A decline in male voter turnout and violations of the Election Commission’s Code of Conduct for campaigning marked the PK-30 Mansehra-I by-election held on February 26, 2019, observes Free and Fair Election Network (FAFEN). The Election Day proceedings remained smooth across the constituency with 47 percent registered voters turning out to vote despite unfavorable weather conditions. However, the observers noted seven incidents of unauthorized persons influencing voters or polling staff on polling day. The by-poll followed month-long campaigning by two major political parties including Pakistan Tehreek-i-Insaf (PTI) and Pakistan Muslim League-N (PML-N). Party workers were observed violating the ECP’s code of conduct for political parties and contesting candidates by using banned (panaflexes) and oversized campaign materials (banners, portraits, pamphlets and posters) at public places. PTI and PML-N were also observed using loudspeakers in their party meetings. The code of conduct prohibits the use of loud speakers for campaigning purposes and also bars elected representatives and public office-bearers from participating in campaign activities. However, FAFEN observed the participation of incumbent legislators of PTI and PML-N in the election campaigns of their respective party candidates. In PK-30, the ECP had declared 85 polling stations as sensitive, and installed Close Circuit Television (CCTV) cameras inside polling booths. Comprehensive security arrangements were also made for the election with the deployment of Pakistan Army inside and outside the polling stations to handle any emergency. Moreover, the ECP extended magisterial powers to Pakistan Army. PTI’s Syed Ahmed Hussain Shah won the by-election by securing 46,438 (51 percent of the polled votes), while PML-N’s Syed Mazhar Ali Qasim Shah secured 39,945 (44 percent) votes. According to the Provisional Consolidated Statement of the Result of the Count (Form-47), a total of 1,187 (one percent) votes were excluded from the count. Earlier, during General Elections (GE) 2018 , Mian Zia Ur Rehman of PML-N had won this constituency by securing 28,997 (30.0 percent) of the polled votes, while Pakistan Peoples Party Parliamentarians’ (PPPP) Syed Ahmad Hussain Shah was the runner-up with 28,747 (29.8 percent) votes. The seat had fallen vacant due to the de-notification of Mian Zia Ur Rehman after a Supreme Court verdict against him in a fake degree case. FAFEN deployed 47 – 33 male and 14 female – trained, non-partisan and duly accredited observers for the observation of the by-election. The findings of this observation were collected using a standardized and robust methodology based on the Elections Act, 2017, Election Rules 2018, respective codes of conduct and the ECP’s handbooks for election officials. For this report, FAFEN analyzed the checklists received from 55 of the total 186 (or 30 percent) polling stations set up for the by-election.	cc/2019-30/en_head_0030.json.gz/line81
__label__cc	0.523938	0.476062	PERIOD & MORE PERIOD: BELLE - NOW ON DVD & BLUE RAY Out on DVD/Blue Ray today, Belle is a movie inspired by the true story of Dido Elizabeth Belle, a mixed - race woman raised by an aristocratic white family. Three times unlucky in the 18th century English society: Belle was a woman, a mulatto and an illegitimate child. The daughter of a Royal Navy Admiral and an enslaved African woman, Dido is brought up by the family of her great uncle, Lord Mansfield, in Hampstead, just north of London. The family social standing affords Dido great privileges and she grows close with her cousin, Lady Elizabeth Murray. But Dido can never escape the colour of her skin and, therefore, never be on the same social standing as her adoptive family. When Lord Mansfield, the Lord Chief Justice, must rule on an important slavery court case, Dido and the idealistic young man she falls in love with, John Davinier, will help to shape his decision, thereby paving the way for the eventual abolition of slavery. Gugu Mbatha-Raw as Belle and Sam Reid as John Davinier Misan Sagay - screenwriter - was inspired to write Belle after seeing a painting of Dido and Lady Elizabeth Murray at Scone Palace in Scotland: "As writer and a black woman I was dedicated to finding these stories of other black women in a time when they had a voice" Her screenplay was brought to life by British director Amma Asante and producer Damian Jones (The Iron Lady). In the cast: Gugu Mbatha-Raw as Belle, Tom Wilkinson and Emily Watson as Lord and Lady Mansfield, rising star, Sam Reid, as Dido's husband-to-be, John Davinier, and Canadian actress, Sarah Gadon, as Lady Elizabeth Murray. Miranda Richardson, Tom Felton and Matthew Goode have supporting roles. Amma Asante explained what makes her film unique and I agree with her: "I've never seen a film about the Jane Austen elements we know so well - the marriage market, the lives of girls growing up into society ladies, the romantic longing - combined with a story about the end of slavery. " Watch a free 10 - minute preview The real Dido Dido Elizabeth Belle was the daughter of Rear Admiral Sir John Lindsay, a successful naval officer who was knighted for his role in the Seven Years' War (1756 - '63). It was during this conflict - a fight with France over colonies - that it is believed he first met Dido's mother, Maria Belle. How and where they met is unsure. Dido's baptism record suggests she was born in 1761. However it happened, Lindsey's fathering of Dido is rarely disputed. His obituary in the London Chronicle of 1788 reads: "He has died , we believe, without any legitimate issue but has left one natural daughter, a mulatto who has been brought up in Lord Mansfield's family almost from her infancy. A term used to mean mixed race in the 18th century". Dido lived at Kenwood House, an impressive stately home on the northern border of Hampstead Heath. Lord and Lady Mansfield had no children of their own and Dido was raised with Lady Elizabeth Murray, another great niece taken in by the couple after her mother's death. The two girls were of similar age and it is thought that they grew up close. The first real glimpse we have of Dido dates back to 1779, when she would have been 18: "A black came in after dinner and sat with the ladies and after coffee walked with the company in the gardens, one of the young ladies having her arm within the other", writes Thomas Hutchinson, former Governor of Massachusetts, after visiting Kenwood. Neither her race nor her illegitimacy could be overlooked, and she would never have been considered Elizabeth's equal. In another of Thomas Hutchinson's observations, he describes Dido as a sort of "superintendent": "she was called upon by my Lord every minute for this thing and that, and showed great attention to everything he said". Dido and Elizabeth on canvas In 1779 Dido and Elizabeth appeared together in a famous painting often attributed to artist Johann Zoffiany. Dido is portrayed wearing a turban, carrying a bundle of exotic fruit. She looks vivacious and intriguing next to Lady Elizabeth, her cousin, who appears, instead, in a more formal pose. The painting now hangs at Scone Palace in Scotland. It belongs to the current Earl of Mansfield. It was one of the first portraits to show a black person on an equal eye-line with a white artistocrat. Mrs Davinier Lord Mansfield was well aware of the need to legally protect Dido from slavery after his death. When he passed away in 1793, his will stated : "I confirm to Dido Elizabeth Belle her freedom". Dido left Kenwood House soon after and in December 1793 married John Davinier, a Frenchman who worked as a gentleman's steward, on 5 December 1793 at St. George's, Hanover Square. Dido and John had at least three sons: twins Charles and John, both baptized at St George's on 8 May 1795; and William Thomas, baptized there on 26 January 1802. Sadly Dido Belle Davinier died in 1804 at the age of 43. This is a movie worth watching for the original perspective on Georgian England. We well know that world and that society, thanks to classic novels like Jane Austen's or Georgette Heyer's. This movie deals with some of those familiar themes and issues, seeing them from a very original point of view, Dido's, and facing themes which are unusual in those novels. I'm thinking of England's slave trade or the abolition of slavery. Interesting, visually beautiful, engaging and touching, Belle is a movie I want to recommend to all my Janeite friends and period drama lovers. Clips from the movie on Youtube: Clip 1 - I Am Not an Unwanted Maid Clip 2 - You Will Not Be Dining with Us Clip 3 - Mabel and Breakfast Clip 4 - Hair Combing Clip 5 - You Are Beneath Him Posted by Maria Grazia at Tuesday, August 26, 2014 Labels: Belle, Costume movies, DVD, Movies, Period movies, Reviews, Slavery, The Georgian Era Amber Cole said... I'd recommend it to anyone, period drama lovers or not. I find it a wonderful film which deals with issues and perspectives not often seen in films. WE ACCEPT THE LOVE WE THINK WE DESERVE - THE PERKS... HOW TO USE BOOKS TO WRITE ACADEMIC ESSAYS WRITING AND DREAMING SCOTLAND - INTERVIEW WITH GLE... PERIOD & MORE PERIOD: BELLE - NOW ON DVD & BLUE ... DISCOVER HEALING IN THE SEARCH FOR TRUTH - AN INTE... FLY HIGH HAS A FACEBOOK PAGE, RICHARD ARMITAGE HAS... BOOK BLAST & GIVEAWAY - THE SECRET BLISS OF CALLIO... SPOTLIGHT ON ... THE TEEN WYTCHE SAGA BY ARIELLA M... FREEBIE! SHADOW ON THE HIGHWAY BY DEBORAH SWIFT - ... IS A PARENT'S JOB EVER REALLY DONE? AN INTERVIEW W... BOOK BLAST & GIVEAWAY - GUARDIANS THE GIRL: BOOK 1... TEN GOOD REASONS (NOT) TO WATCH OUTLANDER THE MEMORY OF MIDNIGHT BY PAMELA HARTSHORNE - BOOK... PERIOD & MORE PERIOD - THE INVISIBLE WOMAN THE HOBBIT THE DESOLATION OF SMAUG & MY NOT VERY ... ART, MUSIC AND LITERATURE BASED COMMUNITIES READING, RE-READING, REVIEWING: THE MEMORY OF MIDN... BOOK BLAST, GIVEAWAY & FREEBIE! THE RECKONING BY T... AUGUST KINDLE FIRE GIVEAWAY	cc/2019-30/en_head_0030.json.gz/line83
__label__cc	0.514334	0.485666	Missing the trees for the wood It’s New Year and The Independent , following a number of other western papers, appears to be limbering up for a year of Israel bashing. The Palestinian propaganda machine is cynically using the tragic death of Jawaher Abu Rahma to turn her into the new poster girl for their anti-Israel campaign. Jahawer died last Friday after reportedly inhaling tear gas used by Israeli soldiers to disperse rioters protesting against the Israeli security fence separating Samaria (the “West Bank”) from Israel’s densely-populated coastal region. This demonstration takes place every week. Details of the incident remain sketchy but after the demonstration, the Palestinian Authority, as it always does, provided Israel with a summary of injuries. The initial summary listed two people who had been lightly injured. The following morning, however, the Palestinians claimed that Jawaher Abu Rahma, who was not one of the two injured, had died from inhaling tear gas. Chief Palestinian negotiator Saeb Erekat labelled Jawaher's death as the latest in a long string of “Israeli war crimes.” The Palestinians did not allow Israel to directly investigate the death, and initially refused to release medical documents related to the case. When Israel finally obtained official hospital reports, it discovered some suspicious inaccuracies, most notably that although Jawaher was described as being in good health, she was also receiving medication typically used on leukaemia sufferers. Although Israel initially responded by suggesting Jawaher had not been present at the demonstration, evidence appeared to confirm that she was indeed present at Friday’s riot. But, as Israel Today observes, the Palestinians and the Israelis are both missing the point. The Palestinians miss it on purpose, while the Israelis miss the point because they are desperate to deflect yet another blood libel. The point is that even if the unfortunate Jawaher Abu Rahmer did die as a result of inhaling Israeli tear gas, the firing of tear gas at a violent demonstration does not indicate lethal intent. The Israelis were not trying to kill Jawaher or anyone else in the crowd; they were using a common and globally accepted form of crowd control. If that method of crowd control resulted in the death of one of the protesters, the death must be put down to either a freak accident or a reaction resulting from an undisclosed medical condition. To suggest that Jawaher's death in some way demonstrates malicious Israeli intent is the kind of propaganda that has come to characterise the Palestinian position. And not just from fringe apologists, but from the very Palestinian leaders with whom Israel is supposed to be making peace. If there is to be peace between Israelis and Palestinians there will have to be significant trust between both parties. Cheap point scoring such as this indicates not only a contempt for Israel on the part of the Palestinian propaganda meisters but also a cynical disregard for the life of one their own. Honest Reporting makes the importanat point that, unlike its Arab neighbours, Israel has a vibrant and highly self-critical free press. The story of Jawaher Abu Rahma was covered extensively by the Israeli media and there were even demonstrations by Israelis protesting against their own army and government following the woman's death. It is extremely rare that a negative story concerning Israel in the international press has not already been covered by the Israeli press. Most of these negative stories are lifted straight from the pages of the international journalists' paper of choice, Ha'aretz. The IDF's latest findings led the headlines for some time on the Ha'aretz website while the story also appeared on page 2 of the print edition. Do international journalists cherry pick stories from Ha'aretz that suit their political agenda while ignoring those that do not? Those media outlets that reported on the original story have a duty to inform their readers of the latest developments lest Abu Rahma's death becomes yet another in a long list of anti-Israel allegations presented as unassailable fact employed in the delegitimization campaign against Israel. Labels: Jawaher Abu Rahma, Palestinian propaganda Was the Holocaust a Mistake? More tributes to a great man	cc/2019-30/en_head_0030.json.gz/line87
__label__wiki	0.68094	0.68094	Film Opinion Television DC getting it wrong…again? (part I) 28th July 2015 29th July 2015 Ash 2 Comments Avengers, Batman, comics, DC, Marvel, Movies, popular culture, Superman, tv, x-men DC comics have tried to make themselves relevant to cinema-goers in the past and, barring a couple of exceptions, have failed spectacularly. In fairness so did Marvel, who have been just as historically inept, if not more so. But whereas Marvel evolved and improved, DC have remained just the same old DC. For many a year, the only comic-book characters that had any mass-media and general public traction were Batman and Superman – a grumpy man in black and a boring man in blue and red…I applaud DC for making them so successful and popular. They succeeded with TV/radio shows and films featuring those two characters all the way back to the 1940s and even now the best version of Batman is the 1960s TV series. And I don’t think there is anyone who can deny that Christopher Reeve’s 1978 Superman is a comic-book classic. But that’s basically it. DC’s only success was Batman and Superman…and nothing has changed. At the same time Marvel, offered up nothing of value. Despite numerous films and tv shows based on and in their universe, there is very little memorable about Marvel’s offerings except maybe Howard the Duck. As much as I love the cheesiness of the 1990 Captain America, Marvel simply couldn’t compete with DC during this time. DC managed to update Batman with the excellent Tim Burton films in the late 80s/90s and should have gone on from there to widen their movies to the greater DC universe. Instead, they managed to kill both their reputation and their character’s appeal with the less successful/less appealing Joel Schumacher films of which even some of the movie’s stars are embarrassed (personally I don’t mind them all that much, but I wouldn’t say they were great films). It also very nearly killed off the mainstream appeal of the comic-book genre and probably would have done were it not for Marvel. Yes, you could argue that it was the studio rather than DC who were responsible for this, as it was their decisions on directors, actors, scripts etc, but as we have seen in recent years, the comic-book companies have significant control over their properties, even when they have been licensed out to studios. And as all these films were and still are made in collaboration with Warner Bros, it is DC’s responsibility to look after their characters! The Post-Batman & Robin Era DC did manage to just about keep the Batman franchise alive with the good (though sub-Burton) Nolan films. They have also managed to keep the Superman franchise going with the New Adventures of Superman and Smallville TV series, the disappointing 2006 misstep in Superman Returns, and more recently with the moderately enjoyable Man of Steel. All of which will culminate in the Snyder/Affleck/Cavill release expected next year (thank god they replaced Bale with Affleck!) in Batman v Superman: Dawn of Justice. That’s all great, well done DC, you’ve kept your two most well-known characters alive and in the public consciousness. But now the cinematic universe has changed and it has been Marvel not DC, who has been instrumental in that! First, having learned from their mistakes of the past, Marvel opted to licence out some of its key characters to other studios, while also maintaining involvement in those films, in an effort to make good quality films. Blade was released in 1998, only one year after Batman and Robin, and was actually a decent film, but it was the original X-Men film in 2000 that marked a watershed in comic based cinema and both Fox and Marvel should be applauded for their efforts. They put the film in the hands of a quality director in Bryan Singer, and they cast some outstanding acting talent for key characters with Sir Patrick Stewart, Sir Ian McKellan, Hugh Jackman, James Marsden, Halle Berry, Famke Janssen…hell, even Anna Paquin has some pretty good acting chops on her. The script was good, the acting was good and the film was good. It marked a dramatic change from what had gone before and set the benchmark for what has happened since. At that time, having been burned by the Schumacher Batman films, DC didn’t have an answer. They had animated series for TV, but they didn’t have a cinematic presence and wouldn’t have one for another 4 years. During which time Marvel and its licensees released Blade II (2002), Spider-man (2002), Daredevil, X2 (2003), Hulk (2003), The Punisher (2004), Spider-man 2 (2004), and Blade: Trinity (2004). Now, I’m not going to argue that all of those are great movies, far from it, some are very poor, but the fact is that they had no rivals from other comic-book films. Some may say that was a good thing given the over-saturation of such movies nowadays, but it shows just how far behind the curve DC was. When DC finally did get a film out it was… Catwoman in 2004. Luckily for them, they managed to follow it up with Batman Begins in 2005 and Superman Returns in 2006. Of their first three films of the PBR (post Batman & Robin era) one was a total flop, one was a moderate disappointment (helped only because of just how bad X-Men: the Last Stand (2006) was) and one was the third best Batman film ever made (behind the Burton Batmans). One out of three isn’t exactly a great return given the depth of the DC universe. DC’s next movie wasn’t until 2008, but luckily for DC, Marvel’s films during that gap included Spider-man 3, Fantastic Four:Rise of the Silver Surfer, and Ghost Rider, so they really didn’t have too many problems, and it proves that even Marvel can have missteps. The Rise of the Avengers 2008 was another key turning point for Marvel and DC. It was the year that The Dark Knight was released with the scene stealing Heath Ledger easily the most memorable thing from that film, which while good, didn’t quite live up to the level of Batman Begins. But once again, that was it, just a single film. At the same time Marvel, with their new focus on in-house productions, released Ironman and The Incredible Hulk as the studio started its move towards the Avengers initiative and the growth of the Marvel Cinematic Universe. They stuck with the same ideology as the X-Men franchise had, quality directors, quality actors and a focus on developing a quality script and a quality overarching multi-film plot. And it has worked for them. While DC did have the somewhat overrated Nolan helming Batman, Marvel had the start at something better with Joss Whedon looking after the bigger picture while directors like Kenneth Branagh, Jon Favreau, James Gunn and the Russo brothers looking after the films themselves. It had resulted in some very good movies with more depth and character than many people would expect from a comic-book film. While DC continued to languish, churning out lesser known titles like the Watchmen, Jonah Hex, and Green Lantern (probably the worst comic-book film since Catwoman (2004)), until the weakest of Nolan’s movies the Dark Knight Rises was released in 2012, four years after its last film. Between the Dark Knight and the Dark Knight Rises, Marvel released Iron Man (2008), The Incredible Hulk (2008), Iron Man 2 (2010), Thor (2011), Captain America: The First Avenger (2011) and Marvel’s The Avengers (2012) of which at last half are quality films. In the post Batman and Robin era through to the Avengers release in 2012, DC managed to release a total of 8 films of which at least half were poor if not downright awful. In contrast, Marvel itself released 6 (at least two-thirds of which are good quality) and an additional 21 films through licences with other studios, of which half were decent. 8 films against 27, and even if we accept at least half of each were bad, that still leaves 4 DC films against 13 Marvel – I think that speaks volumes about how inept DC were in harnessing their universe for the movie-going audience. Onto the part II The past century has seen numerous attempts to bring comic-based content to the big-screen and to the mainstream consciousness and it has seen DC fail spectacularly in bringing their wider world to take the dominant position. Yes, they still have Superman and Batman, but that is all they have ever managed to do. Yes, they had the most popular TV shows and movies of previous eras, but they have never been able to capitalise on those. They have allowed Marvel to take over and take control of the comic-book agenda for over 15 years. They have managed to take a good foundation and a long-standing affection for their characters and the DC universe, and they have squandered it at every turn, while their arch-nemesis has not only managed to dominate the world of comic-based movies, but they have managed to do it by developing at least 5-6 different franchises, some of which wouldn’t have been known to the general public beforehand. DC have let themselves be overpowered at every turn. That is basically the story of the situation through to 2012, which as far as I’m concerned ended the Movie era of the comic-book age. It was the conclusion of the Nolan trilogy and the initial Avengers project. It also marks the switch in attention from the almost exclusively movie based focus of the past 20-30 years to the multi-platform developments that have taken place in recent years with an attempt to spread comic-based content across TV, Movies and online streaming – it is an area where DC have excelled in the past, but are they bringing that ability to the current era? Find out next time on DC getting it wrong…again? Image Sources: Marvel, Fox, DC, Warner Bros ← Arrow Launcher – An Android Launcher…by Microsoft? Stagefright on Android – Shocking exploit revealed → Ash is a technophile and Tolkienite at heart and has read the Silmarillion more than once – yes really, he’s one of those – with an enjoyment of the wider Sci-Fi and fantasy genres amongst others! When not engaged in hobbity pursuits, he is an avid gamer and movie watcher, and has had an affinity with all things technological and some things sporty. Movies – Are We Hung Up On The Classics? 11th July 2015 Tanim 20 Spectre – The new James Bond trailer is out 22nd July 2015 M Hatti 1 Coming soon – Emoji the movie 25th July 2015 Darrell Jones 0 Pigmi Hyppo Wow, what a great post! As much as I’m a DC fan, you’re right. They are ruining themselves. Raxshasa Have you no shame?	cc/2019-30/en_head_0030.json.gz/line90
__label__wiki	0.533398	0.533398	Kaitlyn Ersek Entrepreneurship, Peru Drop: A New Development in Wearable Health Technology “I’m a hungry entrepreneur because I’m desperate to reach my goals. I’ll do whatever it takes to complete them,” explains Tony Cueva Bravo, Co-Founder of Drop, a medical hardware start up in Lima, Peru. Tony Cueva Bravo In December 2014, Tony was wrapping up his university career with a major in electrical engineering and started having doubts about his chosen career path. “I really wanted to contribute to society and I wasn’t sure that as an engineer I would be able to fulfill that goal to my utmost ability.” He decided to take an entrepreneurship course offered by the University on a whim and instantly fell in love. “I was WOWed! That class has completely changed my life. I realized that as an entrepreneur I would have leverage and an impact on society.” For the next few months, Tony began spending afternoons sipping on Starbucks coffee and surfing the internet for his big idea. But, each idea he came up with didn’t seem to fit. That’s when Tony realized his hands were sweating again. He suffers from hyperhidrosis or excessive sweating, a condition he finds embarrassing and uncomfortable. “What if other people are suffering the same pain as me?” asked Tony. That’s when Drop was born. Drop is a portable medical device that reduces excessive sweating by applying small doses of electricity. Right now, the device is a prototype but Tony expects to launch the product by the end of 2016 in Peru, Chile, Colombia and Mexico. His big hurdle has been registration with Peru’s version of the FDA. “It involves a lot of tests and trials. The product could receive registration in as little as six months or as much as a year.” As Tony looks to markets outside of Peru, he’ll have to overcome registration processes in those countries as well. Throughout the entire process, Tony’s biggest lesson has been perseverance, “If you love what you are doing and you are passionate about the idea, you will gain the perseverance. Perseverance is key because there are a lot of ups and downs in starting a business. Mistakes will be made.” Need help with YOUR Start Up? Meet MIT'S Global Entrepreneurship Bootcamp Tony says one of the biggest things that has helped him during his start up processes was MIT’s Global Entrepreneurship Bootcamp, “a nexus connecting entrepreneurs from around the world to the entrepreneurial ecosystem surrounding the Massachusetts Institute of Technology.” Entrepreneurs selected are expected to start companies in one week and pitch their idea before a panel of investors. Apply for The MIT Global Entrepreneurship Bootcamp here: bootcamp.mit.edu PREORDER THE BOOK Tagged: Drop, Peru Emprendedor, Peru Entrepreneur, Peruvian Entrepreneurs, Wearable Tech, Medical industry, Hyperhidrosis, MIT Global Entrepreneurship Bootcamp, MIT, South American Business, South American Entrepreneurs, South America Business, Latin American Business, Latin American Entrepreneurship Newer PostMCKC: Living Life as a Kid and Entrepreneur Older PostMerida Romero Art Gallery: "It is for the love of Art"	cc/2019-30/en_head_0030.json.gz/line95
__label__wiki	0.560933	0.560933	Current Search: Research Repository (x) » History (x) » Biology (x) "Hide It under a Bush, Hell No!" Women's Volunteer Associations as Adult Education Initiatives. Moran, Patricia, Easton, Peter B., Laughlin, Karen, Shargel, Emanuel, MacDonald, Victoria-Maria, College of Nursing, Florida State University Age related cataracts are one of the major causes of loss of vision worldwide. Approximately 20 million people in the United States have their vision obstructed by cataracts and 500,000 new cases are diagnosed annually. The treatment for cataract is surgical extraction. The surgery is more than 95% successful in significantly improving vision. Because of continual advancements in cataract surgery, it is almost exclusively performed as an outpatient procedure and involves the administration of... Show moreAge related cataracts are one of the major causes of loss of vision worldwide. Approximately 20 million people in the United States have their vision obstructed by cataracts and 500,000 new cases are diagnosed annually. The treatment for cataract is surgical extraction. The surgery is more than 95% successful in significantly improving vision. Because of continual advancements in cataract surgery, it is almost exclusively performed as an outpatient procedure and involves the administration of local anesthesia. For the most part patients are fully conscious during the procedure and it is imperative that they remain still. In the elderly, fear of loss of vision related to cataract surgery is second only to the fear of death. Although studies have shown that the average cataract patient is not unduly anxious regarding cataract surgery, anxiety is a known entity. An increase in anxiety can cause a patient to be restless, jittery, and agitated, all of which can cause unanticipated movement and hence a deleterious outcome. People are social beings. Interaction with and among other people provides and conveys support, comfort, and reassurance. Touch, specifically hand holding, has been shown to decrease anxiety and stress in multiple situations. It is minimally invasive, safe, reassuring and could allow patients to communicate during procedures where verbal communication, if done without parameters, as in cataract surgery, could be devastating. The findings of this study failed to reveal a significant difference in post op anxiety scores in either the treatment group or the non treatment group. However, subjectively, those people who received hand holding strongly agreed that hand holding helped to decrease anxiety during the procedure. The physician rating for patient compliance did not reveal a significant level of increase with the intervention during surgery. Again, subjectively, the majority of patients strongly agreed that hand holding did help them to be more compliant to the surgeon's request. None of the participants that received hand holding felt an intrusion of personal space during the treatment. Results strongly suggest, at least subjectively, that hand holding is beneficial in decreasing anxiety, increasing compliance to intraoperative request, and is much welcomed, beneficial nursing intervention. THE "HOLY EXPERIMENT": AN EXAMINATION OF THE INFLUENCE OF THE SOCIETY OF FRIENDS UPON THE DEVELOPMENT AND EVOLUTION OF AMERICAN CORRECTIONAL PHILOSOPHY (QUAKERS, RENAL, PRISON REFORM). CROMWELL, PAUL FRANK., Florida State University The Quaker era in American corrections is traditionally characterized in criminological literature as the brief experiment with substitution of imprisonment for the sanguinary corporal and capital punishments of England and the other colonies by William Penn in 1682, and as the subsequent rebirth of the philosophy by Philadelphia Quakers between 1790-1840., The premise underlying this research is that the origin and evolution of American correctional philosophy cannot be fully and accurately... Show moreThe Quaker era in American corrections is traditionally characterized in criminological literature as the brief experiment with substitution of imprisonment for the sanguinary corporal and capital punishments of England and the other colonies by William Penn in 1682, and as the subsequent rebirth of the philosophy by Philadelphia Quakers between 1790-1840., The premise underlying this research is that the origin and evolution of American correctional philosophy cannot be fully and accurately understood from any perspective that limits the Quaker influence to early periods of American history. The study elaborates the direct and indirect influence of a Quaker social reform movement which began in Europe in 1670 and continues today as a vital and viable force behind correctional public policy in the United States. Although the strength and impact of the Quaker social reform movement, the "holy experiment," as William Penn termed it, has waxed and waned over the past three centuries, the efforts of the Society of Friends to attain social justice in correctional reform has been a continuous social reform movement., The present research interprets the Quaker correctional reforms in America as a single social movement which evolved in distinct stages over a period of three hundred years. The theoretical frame of reference is a social contextual perspective, which considers the events in the social, political and economic context of the time., The evolution of the American correctional philosophy can be seen as a single, extended social movement which began with the Quaker persecution in Europe and the subsequent migration to America; evolved into an utopian effort to establish a new and better means of dealing with the criminal; and, further developed into a reform effort, diffusing the gospel of the "penitentiary" and the new "prison discipline." Its basic philosophy remained for the next one hundred years the foundation of American correctional policy, only to be reexamined in the mid-twentieth century and found wanting by the same reformers who established it, and the struggle for reform began again. "How Hard I Have Manoeveured": Elizabeth Waring, J. Waties Waring, and Their Rhetorical Campaign to End School Segregation. Fenimore, Wanda Little, Houck, Davis W., Fleckenstein, Kristie S., Nudd, Donna M., Proffitt, Jennifer M., School of Communication, Florida State University On January 16, 1950, Elizabeth Waring delivered an explosive speech to the Coming Street (black) Young Women's Christian Association in Charleston, South Carolina. The speech was the first in a rhetorical campaign launched by Mrs. Waring and her husband, federal Judge J. Waties Waring, to publicize racial oppression and segregation in the South. Because of the outraged reaction and media publicity of the Charleston YWCA speech, Mrs. Waring garnered an invitation to appear on NBC's nationally... Show moreOn January 16, 1950, Elizabeth Waring delivered an explosive speech to the Coming Street (black) Young Women's Christian Association in Charleston, South Carolina. The speech was the first in a rhetorical campaign launched by Mrs. Waring and her husband, federal Judge J. Waties Waring, to publicize racial oppression and segregation in the South. Because of the outraged reaction and media publicity of the Charleston YWCA speech, Mrs. Waring garnered an invitation to appear on NBC's nationally televised Meet the Press. On the show, Mrs. Waring shocked Southern whites further when she declared that people should be allowed to marry whoever they please. In other words, the taboo against interracial sex was nonsensical. In this dissertation, I examine the rhetorical campaign of the Warings from historical-critical and rhetorical perspectives. I situate their rhetoric within its historical context of the Jim Crow South as well as the rhetorical situation that gave rise to the Warings' public discourse. Rather than a specific method, I employ close reading of the text of the YWCA speech to determine the ways that Mrs. Waring spoke of race relations and social equality. Along with delving deeply into the Charleston YWCA speech, I establish continuities between it and the Warings' other speeches. In addition, I argue that the Warings defied the rhetorical situation in terms of persuasion and fitting response because their rhetoric adheres to the elements of exhortation as well as polarization, shock, prophetic, and agitator rhetoric. After closely reading the text of the speech, I turn to the response among Southern whites and media by examining newspaper articles, editorials, and letters written to the Warings. The Warings endured social ostracism, vile letters, harassing phone calls, impeachment threats, and attacks upon their home. Yet, despite their efforts and perseverance, their attempts to end school segregation are little known. The timing of the Warings' rhetorical campaign is significant in terms of the Clarendon County school segregation case that began in 1948. After landing in Judge Waring's courtroom on two separate occasions, the matter eventually became one of the cases (Briggs v. Elliott) of Brown v. Board of Education, the Supreme Court decision that ruled school segregation was unconstitutional. The rhetorical history of Briggs, specifically its prominence and significance as part of Brown, is largely unwritten. Judge Waring presided over these cases and ordered Thurgood Marshall and NAACP attorneys to revise the suit from an equalization case to a direct attack on the constitutionality of legally-mandated segregation. Southern whites continually questioned the Warings' motives, claiming that the couple was using race relations to exact revenge on the whites who socially spurned them. However, Elizabeth and Waties' activism included public and private actions. Along with their rhetoric and Judge Waring's judicial opinions, the Warings corresponded regularly with a network of prominent civil rights advocates like Septima Clark, James Dombrowsky, Aubrey Williams, Marion Wright, Walter White, and Myles Horton. They frequently entertained blacks in their home and aided Reverend Joseph De Laine after he fled South Carolina. I argue that the Warings were involved in both covert and overt actions to achieve their goal, the end of school segregation, and their motives were genuine, not spiteful. They purposefully pursued a rhetorical course of action to influence the outcome of the Clarendon County school segregation case. Examining that campaign offers a different appreciation and understanding for how Brown came about. "How We Got Ovah": Afrocentric Spirituality in Black Arts Movement Women's Poetry. Green, Dara Tafakari, McGregory, Jerrilyn, Montgomery, Maxine, Moore, Dennis, Department of English, Florida State University This study, using poetry by Carolyn Rodgers, Sarah Webster Fabio, Sonia Sanchez, Sharon Bourke, Ntozake Shange and Jayne Cortez, examines the manifestations of Afrocentric spirituality in women's writing during the Black Arts Movement. Until recently, there has been a paucity of scholarship on the movement. When studying the BAM, critics have heretofore concentrated on sexism, homophobia, nationalism, and racism as its most prominent aspects. However, BAM writers also have a marked concern... Show moreThis study, using poetry by Carolyn Rodgers, Sarah Webster Fabio, Sonia Sanchez, Sharon Bourke, Ntozake Shange and Jayne Cortez, examines the manifestations of Afrocentric spirituality in women's writing during the Black Arts Movement. Until recently, there has been a paucity of scholarship on the movement. When studying the BAM, critics have heretofore concentrated on sexism, homophobia, nationalism, and racism as its most prominent aspects. However, BAM writers also have a marked concern with spirituality from an African epistemological standpoint, which brings new possibilities for critical analysis to the forefront. Theorists such as Larry Neal furthermore termed the movement as a spiritual sister to the Black Power Movement. This project contributes to the burgeoning conversation on BAM women's poetry by evaluating the ways in which they deem spirituality as essential for agency as women and as black citizens. I identify three major themes in which women's spirituality serves as a prerequisite for or an enabler of black liberation and revolution. Chapter One explains how Carolyn Rodgers, in her books Songs of a Blackbird and How I Got Ovah, creates personas that initially reject Christianity as a Eurocentric religious construction, but subsequently acknowledge the Afrocentric spirituality of the black church and ascribe to it a revolutionary blackness. Chapter Two demonstrates, through Ntozake Shange's for colored girls who have considered suicide / when the rainbow is enuf and Sonia Sanchez's I've Been a Woman, that women must first give birth to themselves spiritually before they can successfully accomplish the birth of the black nation. Chapter Three examines five poems by Carolyn Rodgers, Jayne Cortez, Sonia Sanchez, Sarah Webster Fabio, and Sharon Bourke, arguing that black women poets activate nommo, the power of words to influence action, when they write jazz poetry; as cultural and spiritual leaders in their own rights, they serve as a type of co-priestess to the black community when they recognize the jazz artist as a spiritual priest. Conclusively, I determine that there is indeed space for the recognition of the intended spiritual goals and accomplishments of the Black Arts Movement, and especially of marginalized black women's poetry. "I Am in the, and Thow Are in Me": Finding Feminine Spirtuality in the Book of Margery Kempe. Robitaille, Danielle, Warren, Nancy, Johnson, David F., Crook, Eugene, Department of English, Florida State University This paper explores the transition of Margery Kempe from a married laywoman to celibate mystic in The Book of Margery Kempe. Margery grapples with three very different and distinct challenges in the course of finding her spiritual niche in the patriarchal-dominated medieval Church. Margery must first deal with overcoming the Church's view that her body was a site of sinfulness and ontological monstrosity. She then chooses to seek the aid of her spiritual predecessors and discover where she... Show moreThis paper explores the transition of Margery Kempe from a married laywoman to celibate mystic in The Book of Margery Kempe. Margery grapples with three very different and distinct challenges in the course of finding her spiritual niche in the patriarchal-dominated medieval Church. Margery must first deal with overcoming the Church's view that her body was a site of sinfulness and ontological monstrosity. She then chooses to seek the aid of her spiritual predecessors and discover where she fits into the tradition of female mystics. Finally, she must come to terms with the fact that due to the fact that she was functionally illiterate, she must filter her biography through the hand of a scribe. Throughout all of her experiences, she constantly seeks validation from the male clergy, her spiritual foremothers, and other members of society. However, to alleviate her fears and anxieties, Margery must go within herself, get her narrative written and carve her own space within the Catholic Church. By doing this, she effectively makes her place within the Church, the literary canon, and creates the first autobiography in the English language. "I Am the Conjure": Sharon Bridgforth and a Theatre of Multiplicity. Ormiston, Rebecca, Osborne, Elizabeth, Dahl, Mary Karen, Salata, Kris, School of Theatre, Florida State University This thesis focuses on Sharon Bridgforth's performance pieces. Examining Bridgforth's performance texts, a more complicated and--at times-- contradictory way of approaching subjectivity emerges, challenging ideas of cultural authenticity, essentialism, and a self-contained Black aesthetic. I position Bridgforth's performance pieces as points of entry for discussing the U.S. American theatre's misleading categorization of plays by women playwrights of color as plays concerned with race over... Show moreThis thesis focuses on Sharon Bridgforth's performance pieces. Examining Bridgforth's performance texts, a more complicated and--at times-- contradictory way of approaching subjectivity emerges, challenging ideas of cultural authenticity, essentialism, and a self-contained Black aesthetic. I position Bridgforth's performance pieces as points of entry for discussing the U.S. American theatre's misleading categorization of plays by women playwrights of color as plays concerned with race over aesthetics-- an oversimplified system that undercuts the multifaceted, polyphonic plays and performance pieces written, and limits the multiple interpretations possible in these works. I ultimately advocate for reimagining U.S. American theatre's discourse on race and gender, asking spectators to consider ways in which the voices "from the fringe" challenge incomplete binaries of identity and community. "I Couldn't Help It!": Essays on Moral Responsibility and Alternative Possibilities. Capes, Justin A., Mele, Alfred, Kelsay, John, Clarke, Randolph, McNaughton, David, Department of Philosophy, Florida State University According to the Principle of Alternate Possibilities (PAP), a person is blameworthy for what he did only if he could have avoided doing it. This principle figures importantly in disputes about the relationship between determinism, divine foreknowledge, free will and moral responsibility, and has been the subject of considerable controversy for over forty years now. Proponents of the principle have devoted a good deal of energy and ingenuity to defending it against various objections.... Show moreAccording to the Principle of Alternate Possibilities (PAP), a person is blameworthy for what he did only if he could have avoided doing it. This principle figures importantly in disputes about the relationship between determinism, divine foreknowledge, free will and moral responsibility, and has been the subject of considerable controversy for over forty years now. Proponents of the principle have devoted a good deal of energy and ingenuity to defending it against various objections. Surprisingly, however, they have devoted comparatively little effort to developing positive arguments for it, and, with few exceptions, the arguments they have proposed have received little, if any, critical attention. My dissertation is intended to help fill this gap in the literature on PAP. There are three main arguments for PAP. I critically evaluate each of these arguments, arguing that they are all unsuccessful. Where, then, does that leave PAP? I suggest that, in the absence of any further compelling arguments for or against the principle, debate over it is likely to end in dialectical stalemate. I conclude by highlighting several implications of this suggestion for recent debates about the metaphysics of moral responsibility. "I Have to Know Who I Am": An Africana Womanist Analysis of Afro-Brazilian Identity in the Literature of Miriam Alves, Esmeralda Ribeiro and Conceição Evaristo. Gilliam, Doris Waddell, Sharpe, Peggy, Erndl, Kathleen, Poey, Delia, Galeano, Juan Carlos, Program in Interdisciplinary Humanities, Florida State University ABSTRACT This dissertation explores black female identity in the literature of contemporary Afro-Brazilian writers Miriam Alves, Esmeralda Ribeiro, and Conceição Evaristo. The research approaches Alves poem "Estranho Indagar" (1983), Ribeiro's short fiction work "Ogun," and Evaristo's novel Ponciá Vicêncio utilizing Africana Womanist Theory. It situates Afro- Brazilian female writing within a global Africana Womanist paradigm and focuses on two of the theory's eighteen tenets,self-definer and... Show moreABSTRACT This dissertation explores black female identity in the literature of contemporary Afro-Brazilian writers Miriam Alves, Esmeralda Ribeiro, and Conceição Evaristo. The research approaches Alves poem "Estranho Indagar" (1983), Ribeiro's short fiction work "Ogun," and Evaristo's novel Ponciá Vicêncio utilizing Africana Womanist Theory. It situates Afro- Brazilian female writing within a global Africana Womanist paradigm and focuses on two of the theory's eighteen tenets,self-definer and self-namer to explore the concept of black identity in Afro-Brazilian female writing. Chapter One reviews the socio-cultural origins of the challenges of black female identity. It also proposes Africana Womanism as a methodology for examining black female identity in Brazil. Chapter Two surveys literature on twentieth century Brazilian racial ideology, Afro-Brazilian history, and activism, as well as the marginalization of Afro- Brazilian women from Brazilian history and the literary canon. Chapter Three focuses on the mãe preta and mulata stereotypes as the root cause of black female invisibilization, lack of socio-economic progress, and stifling of black female identity. Moreover, it contrasts currently utilized feminist theories and argues for the use of Africana Womanism as an appropriate global perspective for understanding and analyzing the lives of Afro-Brazilian women. Chapter Four applies the Africana Womanist tenets of self-namer and self-definer to the works "Estranho Indagar", "Ogun," and Ponciá Vicêncio to investigate the relationship between self-naming, self-definition and Afro-Brazilian female identity. Chapter Five summarizes the previous chapters, offers findings from the study, and suggests avenues of new research for future Brazilian and Brazilianist scholars. "I Kinda Just Messed with It": Investigating Students' Resources for Learning Digital Composing Technologies Outside of Class. Keaton, Megan K., Neal, Michael R., McDowell, Stephen D., Yancey, Kathleen Blake, Fleckenstein, Kristie S., Florida State University, College of Arts and Sciences, Department of... Show moreKeaton, Megan K., Neal, Michael R., McDowell, Stephen D., Yancey, Kathleen Blake, Fleckenstein, Kristie S., Florida State University, College of Arts and Sciences, Department of English This dissertation investigates the resources that students use to learn new digital technologies to complete course assignments. This work is particularly important in a time when teachers are assigning more multimodal projects. If students are using and learning digital technologies to complete our assignments, we might argue that we should teach our students how to use the specific technologies they would use for the assignment. Yet, teaching students specific technologies is complicated... Show moreThis dissertation investigates the resources that students use to learn new digital technologies to complete course assignments. This work is particularly important in a time when teachers are assigning more multimodal projects. If students are using and learning digital technologies to complete our assignments, we might argue that we should teach our students how to use the specific technologies they would use for the assignment. Yet, teaching students specific technologies is complicated for several reasons, including limited time and resources, numerous and quickly obsolete software, different levels of expertise for students and teachers, and more. Because of these complications, students may benefit from spending less time with instruction in specific technologies and more time considering practices for learning new digital technologies. This dissertation works to discover practices that teachers can use in the classroom to help their students learn how to learn new digital technologies in order to compose multimodal texts. To do this, I investigate how students are already learning technologies outside of the classroom and use this investigation to identify possible pedagogical directions. To gain a broader understanding of the resources students are using, I surveyed five sections of an upper-level composition course in which students completed at least one digital assignment. Then, to gain a more nuanced and richer description of resource use, I interviewed three of these students. To analyze the data, I used a framework adapted from Jeanette R. Hill and Michael J. Hannafin's components for Resource-Based Learning (RBL). RBL is a pedagogical approach that aims to teach students how to learn and to produce students who are self-directed problem-solvers, able to work both collaboratively and individually. Though RBL is a pedagogical approach, I used its values and parameters as a lens for understanding students' use of resources. RBL (as the name suggests) puts emphasis on the resources students use to facilitate their learning. Given the wide variety of resources and the ways in which they can be used in the classroom, few scholars articulate precisely what RBL may look like more generally. Hill and Hannafin (2010), however, list four components among which RBL can vary: resources, tools, contexts, and scaffolds. In this study, resource is an umbrella term for the tools, contexts, and humans students may use to support their learning. Tools are the non-human objects that students use to learn new technologies. Humans are the people from whom students seek help. Contexts are the rhetorical situations (specifically the audiences and purposes for composing) surrounding the technological learning, the students' past technological experiences, and the physical locations in which students work. An important element of this study is to identify not only what resources students use, but also how they use their resources; scaffolds are how the resources are used. The scaffolds in this study are as follows: conceptual scaffolds – resources help students decide the order in which to complete tasks, understand the affordances and constraints of the technology, and learn the genre conventions of a given text; metacognitive scaffolds – resources help students tap into their prior knowledge; procedural scaffolds – resources provide students with step-by-step instructions for completing tasks or with definitions of vocabulary; and strategic scaffolds – resources encourage students to experiment in order to learn and solve problems they encounter while learning the technology. In addition to addressing what and how students use resources to learn to perform tasks with the technology, I also examined how students used resources to learn the specialized vocabulary of the technology and the technology's affordances and constraints. The study resulted in eight findings about the ways in which students are using resources. These findings were then used to identify three areas for possible strategies teachers might consider to help students use resources to learn new technologies: 1. Helping students effectively choose technologies, which includes assisting them in (a) using resources to identify technology options and learn about the affordances and constraints of the options and (b) using the affordances and constraints, their composing situations, and the available resources to choose the technology that best meets their needs. 2. Helping students effectively use templates, which includes aiding them in (a) using templates to learn about the genres in which they are composing, (b) selecting effective templates, and (c) altering the templates based on their rhetorical situations and preferences. 3. Helping students learn the technology's specialized vocabulary, which includes assisting them in (a) identifying familiar visual and linguistic vocabulary, (b) making educated guesses about unfamiliar vocabulary, and (c) using resources to learn unfamiliar vocabulary. FSU_2017SP_Keaton_fsu_0071E_13707 "I'm a Hustler" (or Used to Be): Creating Alternative Black Masculinities in Post-Civil Rights Era African American Hustler Narratives. Garnes, Lamar J., Shinn, Christopher, Ashford, Tomeiko, Jones, Maxine, Department of English, Florida State University This study concentrates on the misunderstood and maligned figure of the black hustler to re-assess the 1960s constructions of black masculinity as they inform the politics of race and class mobility in the United States during and after the Civil Rights period. Whereas critics such as David Dudley, Lawrence Goodheart, Patrick Daniel Moynihan, and Terri Hume Oliver, amongst others, have read the black street hustler in terms of psychopathology and criminality, I argue that Claude Brown,... Show moreThis study concentrates on the misunderstood and maligned figure of the black hustler to re-assess the 1960s constructions of black masculinity as they inform the politics of race and class mobility in the United States during and after the Civil Rights period. Whereas critics such as David Dudley, Lawrence Goodheart, Patrick Daniel Moynihan, and Terri Hume Oliver, amongst others, have read the black street hustler in terms of psychopathology and criminality, I argue that Claude Brown, Malcolm X, and Iceberg Slim enlarge the urban and folkloric roots of the black hustler in order to critique the very foundations of American capitalism itself as well as to challenge the social norms of white middle-class masculinity by mimicking these concepts through hyperbolic performances, which negate both the supposed psychopathology and criminality associated with the black hustler. Although the hustler figure is nearly omnipresent in Claude Brown's Manchild in the Promised Land, Malcolm X's The Autobiography of Malcolm X, and Iceberg Slim's Pimp: The Story of My Life, these selected works tend to be read as autobiographies that rely on conventions of social realism, black nationalism, and/or confessional narratives, focusing exclusively on the negative aspects of the black hustler. Instead, this study claims that the selected texts should be privileged as hustler narratives, drawing attention to the function of the hustler as participating in a wider American tradition of upward class mobility. In the process, the black hustler hyperbolically emulates, criticizes, and rejects or restructures such concepts of individual 'rags-to-riches' capitalism and/or middle class respectability in order to achieve his own status and define his own terms for the construction of alternative black masculinities. Chapter One shows how Brown's Manchild in the Promised Land utilizes the presentation of the hustler to destabilize prevalent articulations of the North as Promised Land in migration narratives and rebuilds community through jazz musicianship and the male-centered community that it creates. Chapter Two posits the hustler in The Autobiography of Malcolm X as a developmental stage that articulates or reproduces itself on the streets, in prison, and within the Nation of Islam and leads Malcolm to an emerging Pan-Africanism through his reliance on, and questioning of, unstable male-centered communities. Chapter Three discusses Iceberg Slim's presentation of the hustler in Pimp: The Story of My Life by highlighting the critical similarities between the pimp and the standard managerial capitalist and reveals how false contrition gains him entry into middle-class status. The Epilogue discusses the work of Nathan McCall and the "strained position of the middle class" as seen through the black male figure, which speaks to the ineffectiveness and lack of functionality that traditional capitalist advancement offers for poor urban settings. "I'm a Product of Everything I've Been Through": A Narrative Study of the Cultural Identity Construction of Bosnian Muslim Female Refugee Students. Clark, Elizabeth Hoffman, Milligan, Jeffrey A., MacDonald, Victoria-Maria, Hasson, Deborah, Beach, King, Shargel, Emanuel, Department of Educational Leadership and Policy... Show moreClark, Elizabeth Hoffman, Milligan, Jeffrey A., MacDonald, Victoria-Maria, Hasson, Deborah, Beach, King, Shargel, Emanuel, Department of Educational Leadership and Policy Studies, Florida State University Using Bourdieu's theory of social capital and cultural reproduction as a conceptual framework and narrative inquiry as a methodology, this study explores the role of schooling in the cultural identity development of adolescent females from Bosnian Muslim communities who entered the United States as refugees. The five participants live in a Southeastern city pseudonymously referred to as "Parksburg." Each woman arrived in the U.S. during elementary school years and was either in postsecondary... Show moreUsing Bourdieu's theory of social capital and cultural reproduction as a conceptual framework and narrative inquiry as a methodology, this study explores the role of schooling in the cultural identity development of adolescent females from Bosnian Muslim communities who entered the United States as refugees. The five participants live in a Southeastern city pseudonymously referred to as "Parksburg." Each woman arrived in the U.S. during elementary school years and was either in postsecondary study or nearing high school graduation at the time of the study. The women's personal narratives reveal a common desire to develop bicultural competence in social as well as academic settings. The self-reported degree of success varied, as women who had chosen to socialize primarily within a peer group of other Bosnian refugee youth felt a stronger connection to their Bosnian language and identity as young adults; this cultural self-identification as Bosnian corresponded with a desire to follow Bosnian cultural practices, marry a Bosnian man and make frequent return visits to Bosnia as well as follow Muslim religious observances. Students whose social and academic realms at school included few other Bosnians were much more likely to have constructed cultural identities in which being American or international was primary and a Bosnian cultural heritage was secondary or one of several equal cultural influences. Race played an important role in cultural identity development, as all the students were aware of the pervasiveness of White privilege and the degree to which their adjustment was easier than that of other refugee and immigrant peers because of their "White" appearance. Most of the students felt relief from their ability to blend into mainstream White U.S. culture and placed a high value on being able to "pass" as non-immigrant White. This desire to blend in led to a conscious choice to downplay Bosnian language and Muslim religious heritage in school and social settings. The two students who had attended schools with a majority of African-American students constructed their racial identities in light of their social context in high school; they insisted to their classmates that they were Bosnian and therefore differentiated themselves from the White American students. This public self-identification as "European" rather than "White" extended to linguistic identity development, as one student adopted African-American Vernacular English as the exclusive form of English she used. Racial identity issues reflect many of Bourdieu's concepts including cultural reproduction, symbolic violence, and the social capital associated with race in contemporary U.S. culture. Narrative data also reveals the challenges of the multiple "uprootings" faced by many refugees who are forced to leave their home country for another country where they may live for several years only to be uprooted and resettled yet again in a third permanent country of residence. The concept of a refugee identity and other elements of cultural identity common to many refugees, such as ethnic conflict and the experience of war trauma, are also discussed. Analysis and interpretation also address a number of aspects of cultural identity development revealed as significant in the narrative data. These include the importance of self-selected cultural identity labels as well as the role of the homeland in the development of cultural identity. Ethnic, religious, and linguistic facets of identity are also addressed as portions of participant narrative illustrate the complexity of cultural identity development among these young women who differ in many ways yet share common struggles of developing bicultural or multiple cultural identities in the United States. THE "INNER GAME" APPROACH TO MOTOR SKILL LEARNING AND PERFORMANCE: AN INVESTIGATION INTO A SUGGESTED SUBCONSCIOUS MOTOR MECHANISM. AUSTIN, JEFFREY STEWART., Florida State University The "inner game" approach to skill acquisition and performance as presented by Gallwey was investigated in this study. His ideas were transposed into a working model which, in turn, formed the basis for all hypotheses in this study. Performance on an electronic video game was measured across two levels of "inner game" cueing, three levels of conscious attention blocking, and control, for both novice and advanced skill levels. A total of 120 subjects was utilized (72 male; 48 female). A... Show moreThe "inner game" approach to skill acquisition and performance as presented by Gallwey was investigated in this study. His ideas were transposed into a working model which, in turn, formed the basis for all hypotheses in this study. Performance on an electronic video game was measured across two levels of "inner game" cueing, three levels of conscious attention blocking, and control, for both novice and advanced skill levels. A total of 120 subjects was utilized (72 male; 48 female). A preliminary test on the experimental apparatus (electronic video game) was used to determine skill level. Subjects were then assigned to groups (N = 10) by random stratification based on sex., Data in this study suggest that under certain dual processing conditions, learning and performance are facilitated. The cueing method advocated by Gallwey was effective in both the novice (learning) and advanced (performing) groups. However, all aspects of the working model are not supported in this study. Nevertheless, those groups that functioned with a secondary task designd to block conscious attention performed as well as control subjects., The approach presented by Gallwey, while in need of further exploration, may be considered a viable instructional strategy. The results are discussed in relation to previous findings reported in the motor learning literature. "It's All about the Work": Production, Consumption, and Meaning Making at the Modern Farmers Market. Lennon, Lindsey, Schrock, Douglas P., Broome, Jeffrey L. (Jeffrey Lynn), Reynolds, John K., Ramirez, Hernan, Florida State University, College of Social Sciences and Public... Show moreLennon, Lindsey, Schrock, Douglas P., Broome, Jeffrey L. (Jeffrey Lynn), Reynolds, John K., Ramirez, Hernan, Florida State University, College of Social Sciences and Public Policy, Department of Sociology Farmers markets surged in popularity in the United States over the past two decades. The negative consequences of large-scale, industrialized agriculture and changing consumer interests together stimulated this drive towards alternative farming practices and local, direct-from-producer foods. As a result, farmers markets created the opportunity for new, small-scale producers to enter the marketplace and make a living off the land. The need persists to explore the social aspects of this food... Show moreFarmers markets surged in popularity in the United States over the past two decades. The negative consequences of large-scale, industrialized agriculture and changing consumer interests together stimulated this drive towards alternative farming practices and local, direct-from-producer foods. As a result, farmers markets created the opportunity for new, small-scale producers to enter the marketplace and make a living off the land. The need persists to explore the social aspects of this food phenomenon from the perspective of the farmer. Using in-depth interviews with farmers and fieldwork at several farmers markets, I examine how producers became and remained vendors at farmers markets. In the first empirical analysis (Chapter 4), I use farmers' retrospective accounts to outline the ways farming was discovered and the indirect and lengthy process of becoming a farmers market vendor. Along with market opportunity, I find that this process was dependent on a combination of social support, personal determination and unforeseeable life circumstances. In my second analysis (Chapter 5), I use a combination of interviews, fieldwork, and personal experience as a farmer and vendor to explore the spoken and unspoken requirement for farmers to create an "authentic" farmers market. Farmers' success at the market depended on their ability to create this authentic experience. I find that farmers used strictly enforced market rules and carefully crafted product displays, personal presentations, and social interactions to meet customers' expectations of legitimate farmers and an authentic farmers market. Additionally, I show how these expectations and presentations directly contrasted with the realities of life on the farm. Overall, my research shows how socialized perceptions of farming determined farmers' willingness to adopt the occupation. Once in, farmers sustained their place at the market by meeting customers' expectations and standards of authenticity. Often times this meant farmers had to cover and hide the ugly aspects of their work. These findings show that expectations, meanings, and the social interactions that create and maintain them are import factors to consider in research connecting food production and consumption. FSU_2016SP_Lennon_fsu_0071E_13152 Education, Guidance and Counseling (221) + - Caxton Printers (1) + - Charke, Charlotte (1) + - Panama City (2) + - Tampa (2) + - College of Arts and Sciences (930) + -	cc/2019-30/en_head_0030.json.gz/line100
__label__wiki	0.801662	0.801662	Review of Jay Winik's "1944: FDR and the Year that Changed History" tags: Holocaust, World War Two, Roosevelt by Bernard von Bothmer Bernard von Bothmer is an adjunct professor of history at the University of San Francisco and Dominican University of California. He is the author of “Framing the Sixties: The Use and Abuse of a Decade from Ronald Reagan to George W. Bush” (University of Massachusetts Press, 2010). Jay Winik's 1944: FDR and the Year that Changed History is a tour-de-force that promises to ignite controversy for years to come regarding America's reluctance to stop, or at least significantly retard, the Holocaust. Highly readable, often beautifully written, and emotionally riveting, Winik has followed up his two highly acclaimed previous works of American history, The Great Upheaval: America and the Birth of the Modern World, 1788-1800, and April 1865: The Month That Saved America, with another book that should be read widely by the general public. I must note at the outset of this review, however, that the book's title is rather odd, on a variety of levels. First of all, each year can be said to "change" history. The title implies that 1944 changed history significantly more than other key years in the 20th century. But many other years can be said to have changed history in noteworthy ways. 1944 "changed" history in no greater way than did, say, 1929, 1933, 1939, 1941 or 1945. The book never puts forth any real argument that 1944 changed history significantly more than other years. 1944 changed history, according to Winik, because we did not bomb the Nazi death camps, thus passing up the chance to save millions of lives. But that is different than arguing that a specific certain year itself changed history. The title is also strangely inaccurate, because it does not describe Winik's chief argument: namely, America's moral failure regarding Holocaust, despite the fact that the U.S. government knew about the existence of the death camps, knew about the atrocities that were taking place there, and had the military capability to severely limit Hitler's ability to annihilate the Jews. Furthermore, the book is also not really about 1944; less than half the book takes place in that year. For much of the text, 1942 seems to be the more important "year that changed history." And when it does discuss the year 1944, Winik is very selective in what he chooses to discuss about events in 1944; there is hardly any discussion of the war in Asia, for example. And finally, though he of course figures prominently, the book is really not about FDR, either; again, the title is oddly misleading. Yes, at times Roosevelt dominates the text, but so too do Hitler and his henchmen; Churchill and Stalin; the U.S. diplomatic corps; the bureaucracy of the U.S. State Department; prominent European state officials; and even escapees from the death camps. Leaving aside the very misleading title, this is simply a terrific work of military and diplomatic history. Winik is deeply disappointed that FDR did not fully apply his enormous political skills and powers of persuasion to rally the Nation to the cause of saving European Jewry. To Winik, Roosevelt was clearly a political giant: "An astonishing blend of political genius and inspired ambition," FDR "was an aristocrat like Thomas Jefferson, a crafty politician like Abraham Lincoln, and a beloved figure like George Washington" (23). He writes that "Roosevelt was a magnet to which thousands were drawn" (45), calling him our "sermonizer in chief" (56) who "rescued democracy at home" (59). Yet while the allied powers debated the best course of action to defeat the Nazis, millions awaited their future deaths in the camps, a delay that Winik calls an "unfathomable moral tragedy" (70). Winik is at his best describing FDR's negotiating skills with Churchill and Stalin, revealing him as a master politician. Winik's text is especially gripping when discussing the invasion of Sicily and Italy, and D Day. Winik's prose often sparkles: In 1943, he writes, "At the rate of one every three seconds, another human life on earth was being snuffed out" (3). "The logistics of Overlord were mind-numbing," he later explains. "It was as if the Allies were ferrying the entire population of Boston, Baltimore, and Staten Island–every man, woman, and child, and every car and van–in total darkness over 112 miles of choppy waters in a mere twelve hours" (81). On election night 1944, a photographer snapped the third-time re-elected FDR as he greeted his cheering neighbors. The image shows a haggard, dying man, but "the jubilant crowd did not see what the photograph saw" (491), Winik observes. Indeed, one particularly illuminating thread Winik weaves in throughout is his analysis of Roosevelt's health issues, especially as he approached the 1944 election, showing the president to be even more limited than many readers will have previously thought. In retrospect, it is most fortunate that FDR did not pass away before D Day (a real possibility, given his health problems); the sap on morale could have been absolutely devastating. By the spring of 1944, "The president couldn't work–work could kill him–and he couldn't not work: the country needed him" (90). But the focus of this book is on the Holocaust, and Winik's aim is clearly to demonstrate two things: the horror and unimaginable brutality of the camps, and the American botched response to the crisis. Winik achieves his first aim by incorporating into his narrative eyewitness accounts of the extermination camps, and the almost impossible-to-believe death-defying escape of several inmates. His graphic sections describing the extermination process promises to jar the sensibilities of even the most seasoned historian of the era. Winik writes of "the sweetish smell of burning flesh;" how slave workers "were ordered to tear open the anuses and vaginas of the cadavers to look for hidden jewelry" (100); of the "mind-numbing" amount of shoes: "They were black and gray and red, even white" (101).'' Winik soon turns his focus on Auschwitz, "the worst killing center the world had ever seen" (111), and on the April 1944 daring escape, something no Jew had successfully done before, of Rudolf Vrba and Fred Wetzler. Through them, the outside world would learn of what was going on in the camps. Later, he vividly describes the efforts of Germany's Eduard Schulte to boldly, and bravely, smuggle out of Germany details of the Holocaust; information of the horrors conveyed in the Riegner Telegram; and documentation of the atrocities in the camps given to the Allies by the Pole Jan Karski. Winik is appalled by the State Department's inaction. "It was as though the men in Washington had covered their eyes and ears," he writes, "and were simply waiting for the whole mess to disappear" (307). Earlier in the war, FDR's leading Jewish advisor, Stephen Wise, was marginalized: "In August 1942, thanks to the State Department, Wise was still a bystander" (315). Winik argues that "The State Department remained unmoved" (118), as "the killing and dying continued" (321) and as the grisly details of Hitler's genocide made their way to the West. Winik goes as far to charge that the State Department sent a cable in February 1943 whose "real intent was to impede the flow of information from Europe to the United States about the ongoing Holocaust" (375). While the Allies dithered, "the slaughter of the Jews continued" (383) as various diplomats' and delegations' "plan after plan was raised and rejected" (386). In 1942 "only 2,705 Jews fleeing Nazi persecution had been admitted to" America, Winik writes, "the equivalent of one hour's worth of the gas chambers at Auschwitz" (417). Yet Roosevelt, "the most extraordinary and enigmatic political leader perhaps on earth" (165), kept his focus on winning the war, rather than prioritize getting rid of the camps. The fate of the Hungarian Jews weighed in the balance. And following D Day, Hitler's focus on exterminating the Jews only intensified; at Auschwitz, Jews "were being gassed at the astounding rate of two thousand every thirty minutes" (201). The allies even had photos of the camp, and yet did nothing. Key to Winik's narrative is the outsized role played by the State Department's Breckinridge Long, who Winik characterizes as an anti-Semite, and the enormous influence he had upon FDR. Obsessed with the threat of domestic spying, Long "pile[ed] up one obstacle after another to keep refugees from getting visas" (229). Winik is at his best when describing the evolution, both theoretical and in practice, of the Final Solution. The text here is both utterly gripping and deeply disturbing. For Winik, Roosevelt bears much of the blame for America's reluctance to aggressively hinder the Holocaust. Most of all, FDR deeply disappoints the author. After all, Roosevelt frequently showed so much raw courage. In the political arena, we see this in his efforts to boldly arm Great Britain; in spearheading, against the advice of some of his generals, the North African invasion of Italy; in his delicate and nuanced handling of the frequently fraught Churchill/FDR/Stalin alliance; and in his enormous capability to clearly and inspiringly communicate to the American people what the war was all about. Furthermore, on a personal level, Winik's portrait also shows Roosevelt as a man of enormous courage; always resolute, always cheerful, and never yielding to the physical limitations imposed upon him by polio. Yet FDR "neither offered to make a speech personally denouncing the Final Solution nor offered to make it the topic of a fireside chat" (330). By the time the War Refugee Board was formed, in February 1944, "five million Jews were now dead" (434). When Germany took over Hungary in March 1944, "the stage was set for the largest single mass murder in human history–the destruction of the country's 750,000 Jews" (438). And though they had the capability to, neither the rail lines to Auschwitz nor Auschwitz itself were bombed, and Winik avers that "there is little doubt that the refusal to directly bomb Auschwitz was the president's wishes or at least reflected his wishes" (472). Even at Yalta, in February 1945, "the fate of European Jews, both those who had been killed and those who clung to survival, was seemingly not a topic meriting consideration by the Big Three" (513). Germany's war on the Jews would continue for the final months of the war. Winik laments that "There was no moment when [FDR] unequivocally made World War II about the vast human tragedy occurring in Nazi-controlled Europe, about the calculated effort to wipe an entire people from the earth" (533). The tragedy, to Winik, is that "Given the depth of public admiration for him ... he could no doubt have roused the American public to follow him. In 1944 he had his chances" (535). The text is marred, however, by some uneven writing and editing. In two remarkably glaring errors, Winik writes that 36 million died in World War Two, when the correct number is approximately70 to 85 million, and that 19 million civilians died, when the number is also considered far higher (532). An error/typo of such enormous magnitude is truly hard to fathom. Winik also writes of a 1942 Nazi list of 2,284,000 Jews in Germany, far too large a number; perhaps he meant lands currently occupied by Germany? Winik repeats the fact that George Marshall missed a meeting at Tehran because he was off sightseeing (22, 63). He repeats word for word that Hitler by the end of the war "was taking twenty-eight pills a day" (204, 358). He also repeats the phrase that in 1944 Jews "were being gassed at the astounding rate of two thousand every thirty minutes" (201 and 484). I was surprised to see several typos. Sometimes characters are introduced into his narrative, and then are not heard from again (most glaringly, the remarkable story of Eduard Schulte). While there are outstanding brief biographical sketches of Roosevelt and Hitler, there are, oddly, none of either Churchill or Stalin. It would have been helpful to have introduced more maps for those readers not familiar with the intricacies of European geography, and some of the maps that were included were just too small to follow. This reader also expected to learn more about both Charles Lindbergh and the American First Committee. Winik can occasionally talk down to the reader. Most readers know that the National Association for the Advancement of Colored People is also known as the NAACP (311), or that "World War I is crucial for understanding Hitler" (endnote, 582). And while certain government officials, especially Long, are accused of harboring virulent anti-Semitic beliefs, there is curiously little discussion about the widespread prevalence, as well as the roots, of anti-Semitism in the United States. (And though the lengthy section on the history of German anti-Semitism is highly illuminating, more would have been welcomed about the roots of such sentiments in Eastern Europe, as in his absolutely chilling description of one of the initial Lithuanian pogroms (257).). It seems that that sentiment is at the very root of American inaction, and yet it is not discussed in any great detail. This is a curious choice, as it could explain so much of the disastrous direction of American policy at the time. And lastly, some critics might complain about the lack of major original research. But Winik has proven himself a master at synthesizing an enormously wide range of other scholarship in the field, drawing heavily from several classics: Jon Meacham's Franklin and Winston: An Intimate Portrait of an Epic Friendship; Doris Kearns Goodwin's No Ordinary Time: Franklin and Eleanor Roosevelt–The Home Front in World War II; H.W. Brands' Traitor to His Class: The Privileged Life and Radical Presidency of Franklin Delano Roosevelt; James MacGregor Burns's Roosevelt: The Soldier of Freedom (1940-1945); Ian Kershaw's Hitler: A Biography; Robert Dallek's Franklin D. Roosevelt and American Foreign Policy, 1932-1945; David S. Wyman's The Abandonment of the Jews: America and the Holocaust 1941-1945; Richard Breitman and Allan J. Lichtman's FDR and the Jews; Charles Bohlen's Witness to History: 1929–1969 (sadly, out of print); and, especially, the seminal works of Martin Gilbert, most notably The Holocaust: A History of the Jews of Europe During the Second World War. Winik's endnotes also make for good reading, and provide a tremendous overview of the historical literature surrounding American policy towards to Holocaust. (The same cannot be said of his oddly swaggering acknowledgments page, a virtual who-is-who list of nearly 150 movers and shakers. Everyone seems to be there: Bill Clinton and George W. Bush; four members of the Supreme Court; Harry Reid and Mitch McConnell; Martha Stewart and Elie Wiesel. And does the reader really need to know that his lunch with Bush and his dinner with Condoleezza Rice were "private?") The ethical issues Winik's book raises could not be more topical, as Europe and the United States at this moment remain deeply divided over the question of accepting refugees from the war-torn Middle East. The decision to drop the atomic bombs on Japan in 1945 is, and has been for years, a staple of American history course curriculums. Winik's book reminds us that the more consequential decision was our decisions regarding Hitler's death camps. Winik argues that this shameful episode in American history is not really even all that debatable.	cc/2019-30/en_head_0030.json.gz/line105
__label__wiki	0.972316	0.972316	My Job: Art Manager At a Videogame Company A common misconception about working in the videogame industry is that it’s more play than work, says Fred Galpern, 36. “Everyone thinks it’s like Tom Hanks in ‘Big,’ where we just sit around all day trying out different things and seeing what’s fun, but it’s not,” he says. Mr. Galpern is the art manager at Blue Fang Games LLC, a videogame developer based in Waltham, Mass. He says his job is a lot like being a movie producer — much of his days are spent managing a staff of 10 artists, keeping projects on schedule, within budget, and coordinating with the company’s other departments. He’s currently working on an expansion of Blue Fang’s zoo-simulation game “Zoo Tycoon 2” called “Endangered Species.” On average, a videogame can take two years from the initial concept to market, he says. The concept is turned into a design document, which resembles a movie script, describing each aspect of the game in detail, he says. Mr. Galpern’s work starts at this stage, building an art schedule based on the design document. “About half-way through that, I realize we are trying to squeeze too much into the game, and I start making cuts to nonessential parts,” Mr. Galpern says. He says he cuts out complex elements that could take weeks to create but are only peripheral to the game, like a complicated tree for the zoo grounds. Once he drafts an initial schedule, he assigns members of his staff different aspects for development. The group works on a six-week schedule to hit certain milestones, such as creating an elephant for the zoo. Typically, his workdays are from 9 a.m. to 6 p.m., but as deadlines approach, these hours can stretch to 10 a day or more as he shepherds the project through, serving as intermediary between the company’s art department and its design and engineering departments. As with every job, there are trade-offs. He once had dreamed of becoming a comic-book artist, but, after internship in that field, he concluded his talent wouldn’t take him to the highest levels in the business where he wanted to work. While working for graphic-design companies, he learned 3D design and decided to pursue videogame design. He took his current job with Blue Fang in 2002. “Comic books and videogames are really storytelling, while the digital art is the essence of the game,” he says. Although he is integral to the artistic aspects of the videogame, he isn’t, as a manager, creating the art. “It took me about a year at working at my job now before the switch flipped, and I stopped missing art as much and really took satisfaction in managing,” Mr. Galpern says. Among his duties are critiquing each piece of artwork and evaluating the work of his 10-person team. “With something like art, deciding whether it is good or not is very subjective,” Mr. Galpern says. “My background as an artist allows me to be able to talk to them and provide constructive criticism.” Coaching the people who work for him is the part he takes most satisfaction in. “I enjoy seeing the people that work for me succeed,” he says. One way he helps them do this is by addressing any problems early on, instead of waiting for a formal performance review. This also can be the most difficult part of his job. “The hardest part is when someone doesn’t take their responsibilities seriously, and I have to have a private conversation, or, it’s only happened once, that I’ve have to fire someone,” Mr. Galpern says. “I am a pretty emotional guy, so I was almost in tears when I had to do that.” He says it took him a while to realize managing played into his strengths. “It really has helped me to realize that my people skills are in many ways more valuable than my art skills,” Mr. Galpern says. “I am pretty confident that I am a good artist. I am starting to learn that I am a really good manager.” By Stephen Grocer Five Almost Painless Ways To Make a Career Change How I Got to Where I Am Today: Marketing Manager for Avon When Several Small Jobs Are Better Than One Position When is it religious discrimination? archive, career, job Tags: art, computer, design, game, manager, money, skills	cc/2019-30/en_head_0030.json.gz/line111
__label__cc	0.609066	0.390934	joMusic.net explore and find new cool music with joMusic.net This page contains a list of Thin Lizzy's songs, Thin Lizzy's albums, and Thin Lizzy's videos. One of the most useful parts of this page is the list of artists that are similar to Thin Lizzy. Check them out, maybe you'll find your new favorite band! Similar Artists to Thin Lizzy Phil Lynott (100%) UFO (81%) Blue Öyster Cult (59%) Rainbow (53%) Uriah Heep (51%) Gary Moore (49%) Ted Nugent (48%) Budgie (48%) Whitesnake (48%) Michael Schenker Group (46%) Kiss (46%) Deep Purple (44%) Saxon (43%) Montrose (42%) Van Halen (42%) Free (42%) Nazareth (42%) Triumph (41%) Judas Priest (41%) Wishbone Ash (40%) Dokken (40%) Grand Funk Railroad (40%) Motörhead (39%) Scorpions (39%) Bad Company (39%) Black Sabbath (38%) Status Quo (38%) Rory Gallagher (38%) ZZ Top (37%) Lynyrd Skynyrd (36%) Quiet Riot (36%) Boston (36%) Def Leppard (35%) Alice Cooper (35%) Ozzy Osbourne (35%) April Wine (34%) Dio (34%) Foghat (33%) Thunder (33%) AC/DC (33%) Humble Pie (32%) The Who (32%) David Lee Roth (32%) Blackfoot (32%) Y&T (32%) Europe (31%) Ace Frehley (31%) Cheap Trick (31%) Lucifer's Friend (31%) Aerosmith (30%) Twisted Sister (30%) Mountain (30%) Rush (30%) Ten Years After (30%) Cactus (29%) Sweet (29%) Steppenwolf (29%) Slade (29%) Led Zeppelin (28%) Journey (28%) Glenn Hughes (28%) Black Star Riders (28%) Accept (28%) Atomic Rooster (28%) Krokus (27%) Magnum (27%) Alcatrazz (27%) Sammy Hagar (27%) Kansas (27%) Styx (27%) Molly Hatchet (26%) Foreigner (26%) Tesla (26%) James Gang (26%) Captain Beyond (26%) Jethro Tull (26%) Bruce Dickinson (26%) Guns N' Roses (25%) Girlschool (25%) Faces (25%) Bachman-Turner Overdrive (25%) Mott the Hoople (25%) W.A.S.P. (25%) REO Speedwagon (25%) Joe Walsh (24%) The Allman Brothers Band (24%) Blue Murder (24%) Danzig (24%) Asia (23%) Mötley Crüe (23%) Great White (23%) Heart (23%) Ratt (23%) The Cult (23%) Mr. Big (23%) The Jimi Hendrix Experience (23%) Black Country Communion (22%) Night Ranger (22%) Badlands (22%) Warlock (22%) Thin Lizzy's Top Songs The Boys Are Back in Town Whiskey in the Jar Don't Believe a Word Cowboy Song Dancing in the Moonlight (It's Caught Me in It's Spotlight) Waiting for an Alibi The Rocker Still in Love With You Dancing in the Moonlight Do Anything You Want To Killer on the Loose Angel From the Coast Romeo and the Lonely Girl Fight or Fall Fighting My Way Back Johnny the Fox Meets Jimmy the Weed Dancing in the Moonlight (It's Caught Me in Its Spotlight) Opium Trail Got to Give It Up Toughest Street in Town Killer Without a Cause Get Out of Here That Woman's Gonna Break Your Heart Hollywood (Down On Your Luck) Downtown Sundown Thin Lizzy Music Videos rock, electronic, seen live, alternative, indie, pop, female vocalists, metal, alternative rock, jazz, classic rock, ambient, experimental, folk, punk, indie rock, hard rock, Hip-Hop, instrumental, singer-songwriter, view all tags Copyright © 2019 joMusic.net. All rights reserved.	cc/2019-30/en_head_0030.json.gz/line112
__label__cc	0.506481	0.493519	Posts Tagged ‘Administrative Law Judge’ Discharge From Nursing Home Must Describe Placement Plans Samuel Paschall apparently posed some risk to himself and to the other residents of The Washington Home in Washington, D.C. From the day of his first admission to the nursing facility he had been closely monitored because he was difficult to handle, and becoming more so as time went on. When he complained of abdominal pain and was admitted to Walter Reed Hospital, the nursing home saw its chance—it issued what it called an “Advance Notice of Discharge” informing Mr. Paschall (and his daughter, who was managing his affairs) that he could not return to The Washington Home. There were at least two problems with the notice of discharge sent by the Home. First, federal law requires that such notices must usually be given at least thirty days in advance. Second, any discharge notice from a nursing facility must include a description of the location to which the patient will be discharged. The Home’s notice did not meet either of those requirements. Mr. Paschall’s daughter hired an attorney and challenged the notice with the District of Columbia Department of Health. An Administrative Law Judge heard the case, and agreed that the notice was deficient—although he ruled that the Home could issue a new notice that could comply with the federal and local requirements. Instead, the Home did what nursing homes around the country too often do—it told Mr. Paschall’s daughter that his bed had been taken by a new patient, and there were no more Medicaid beds available. Mr. Paschall’s attorney returned to the Department of Health and requested an order that he would be entitled to return to the Home as soon as a Medicaid bed opened up. Ruling that Walter Reed Hospital had become the de facto discharge plan for Mr. Paschall, the Administrative Law Judge decided that an order compelling his readmission to the Home could only be issued by the courts. Mr. Paschall was instead released to a nursing home in nearby Maryland. The District of Columbia Court of Appeals (the District’s highest court) disagreed with the Administrative Law Judge. The appellate court ruled that the Administrative Law Judge could apply the remedy urged by Mr. Paschall, and order his readmission to the Home. Before doing so, however, he would need to schedule a hearing to determine whether Mr. Paschall still wanted to return to the Home, as well as whether he had given up the right to return (as alleged by the Department of Health) by failing to cooperate with efforts to secure him a place. Most importantly, ruled the court, Mr. Paschall would need to establish that his return to the Home could be accomplished without jeopardizing other residents or himself. Paschall v. DC Department of Health, April 7, 2005. Subjects: Administrative Law Judge, District of Columbia, District of Columbia Court of Appeals, notice of discharge, Nursing Homes, Paschall v. DC Department of Health, Samuel Paschall, Washington DC Comments Off on Discharge From Nursing Home Must Describe Placement Plans LPNs Awarded Damages In Wrongful Termination Case When LPNs Diane Owens and Alisa Main were fired from their jobs with Fayetteville Health and Rehabilitation Center in April, 2000, they were sure their dismissals were retribution. Ms. Owens and Ms. Main had each complained to Kristy Unkel, the Director of Nursing, about the care provided by several certified nurse assistants (CNAs) at the facility. Ms. Owens had even lodged a complaint with the Office of Long-Term Care about what she saw as abuse and neglect of Fayetteville patients. At least six CNAs had signed a letter to the nursing home administrator, in which they insisted that Ms. Owens created a difficult work environment for them. The CNAs also claimed that Ms. Owens and Ms. Main had themselves abused and neglected patients. According to the CNAs’ complaints, Ms. Owens had failed to document one patient’s fall and fractured hip, and Ms. Main missed a patient’s scheduled medication and spoke harshly to another resident. One problem with the CNAs’ allegations was that work schedules made their version of the facts difficult to believe, since Ms. Owens had not even signed to work on the day of the patient’s fall. The CNA accusing Ms. Main of missing a patient’s medication was not signed in to work on the date of that alleged incident. Ms. Owens and Ms. Mains sued Fayetteville and Ms. Unkel, the Director of Nursing. They alleged that they were discharged in retaliation for their complaints, and that their reputations were injured by the false allegations on which the firings were based. After four days of testimony an Arkansas jury found in favor of Ms. Main and Ms. Owens. The jury awarded damages totaling $332,740 to the two LPNs. The Arkansas Supreme Court upheld the award. Fayetteville had argued that it had a duty to report allegations of elder abuse, and that it could not be sued for incidents related to its reports against Ms. Owens and Ms. Main. The problem with that theory, ruled the state’s high court, was that the jury had found that Fayetteville did not act in good faith when it filed reports. The facility also argued that Ms. Owens and Ms. Main were “at-will” employees, and could be fired for any reason or no reason at all. The high court pointed out that public policy considerations require protection for individuals who report abuse or neglect of vulnerable seniors, and employers may not retaliate against employees for such reports. The jury found that the firings were retaliatory and the high court agreed. Northport Health Services v. Owens, April 8, 2004. As it turns out, Fayetteville’s problems with claims of inadequate care have continued since the firing of Ms. Owens and Ms. Main. In November of 2000–less than a year after Ms. Owens and Ms. Main were discharged–Fayetteville fell so far below the level of care required by the Medicare program that civil penalties were imposed and the facility was denied payment for new Medicare admissions for a two-month period. Fayetteville’s problems included failing to notify two residents’ physicians about emergency medical conditions, and failure to protect one resident from the possibility of inappropriate administration of medication by a visiting family member. The ruling of the Administrative Law Judge in Medicare’s action against Fayetteville is available online at http://www.hhs.gov/dab/decisions/CR1050.htm. More recent information (still not encouraging as of the most recent survey date) is synopsized on the MemberOfTheFamily.Net website, which includes state-by-state and facility-by-facility information on nursing home survey results. Subjects: Administrative Law Judge, Arkansas, CNA, LPN, Northport Health Services v. Owens, Nursing Homes Comments Off on LPNs Awarded Damages In Wrongful Termination Case	cc/2019-30/en_head_0030.json.gz/line113
__label__cc	0.614902	0.385098	Title 12 Part 1005 Title 12 → Chapter X → Part 1005 Title 12: Banks and Banking PART 1005—ELECTRONIC FUND TRANSFERS (REGULATION E) Subpart A—General §1005.1 Authority and purpose. §1005.2 Definitions. §1005.3 Coverage. §1005.4 General disclosure requirements; jointly offered services. §1005.5 Issuance of access devices. §1005.6 Liability of consumer for unauthorized transfers. §1005.7 Initial disclosures. §1005.8 Change in terms notice; error resolution notice. §1005.9 Receipts at electronic terminals; periodic statements. §1005.10 Preauthorized transfers. §1005.11 Procedures for resolving errors. §1005.12 Relation to other laws. §1005.13 Administrative enforcement; record retention. §1005.14 Electronic fund transfer service provider not holding consumer's account. §1005.15 Electronic fund transfer of government benefits. §1005.16 Disclosures at automated teller machines. §1005.17 Requirements for overdraft services. §1005.18 Requirements for financial institutions offering prepaid accounts. §1005.19 Internet posting of prepaid account agreements. §1005.20 Requirements for gift cards and gift certificates. Subpart B—Requirements for Remittance Transfers §1005.30 Remittance transfer definitions. §1005.31 Disclosures. §1005.32 Estimates. §1005.34 Procedures for cancellation and refund of remittance transfers. §1005.35 Acts of agents. §1005.36 Transfers scheduled before the date of transfer. Appendix A to Part 1005—Model Disclosure Clauses and Forms Appendix B to Part 1005 [Reserved] Appendix C to Part 1005—Issuance of Official Interpretations Supplement I to Part 1005—Official Interpretations Authority: 12 U.S.C. 5512, 5581; 15 U.S.C. 1693b. Subpart B is also issued under 12 U.S.C. 5601 and 15 U.S.C. 1693o-1. Source: 76 FR 81023, Dec. 27, 2011, unless otherwise noted. (a) Authority. The regulation in this part, known as Regulation E, is issued by the Bureau of Consumer Financial Protection (Bureau) pursuant to the Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.). The information-collection requirements have been approved by the Office of Management and Budget under 44 U.S.C. 3501 et seq. and have been assigned OMB No. 3170-0014. (b) Purpose. This part carries out the purposes of the Electronic Fund Transfer Act, which establishes the basic rights, liabilities, and responsibilities of consumers who use electronic fund transfer and remittance transfer services and of financial institutions or other persons that offer these services. The primary objective of the act and this part is the protection of individual consumers engaging in electronic fund transfers and remittance transfers. [76 FR 81023, Dec. 27, 2011, as amended at 77 FR 6285, Feb. 7, 2012] Except as otherwise provided in subpart B, for purposes of this part, the following definitions apply: (a)(1) “Access device” means a card, code, or other means of access to a consumer's account, or any combination thereof, that may be used by the consumer to initiate electronic fund transfers. (2) An access device becomes an “accepted access device” when the consumer: (i) Requests and receives, or signs, or uses (or authorizes another to use) the access device to transfer money between accounts or to obtain money, property, or services; (ii) Requests validation of an access device issued on an unsolicited basis; or (iii) Receives an access device in renewal of, or in substitution for, an accepted access device from either the financial institution that initially issued the device or a successor. (b)(1) “Account” means a demand deposit (checking), savings, or other consumer asset account (other than an occasional or incidental credit balance in a credit plan) held directly or indirectly by a financial institution and established primarily for personal, family, or household purposes. (2) The term does not include an account held by a financial institution under a bona fide trust agreement. (3) The term includes a prepaid account. (i) “Prepaid account” means: (A) A “payroll card account,” which is an account that is directly or indirectly established through an employer and to which electronic fund transfers of the consumer's wages, salary, or other employee compensation (such as commissions) are made on a recurring basis, whether the account is operated or managed by the employer, a third-party payroll processor, a depository institution, or any other person; or (B) A “government benefit account,” as defined in §1005.15(a)(2); or (C) An account that is marketed or labeled as “prepaid” and that is redeemable upon presentation at multiple, unaffiliated merchants for goods or services or usable at automated teller machines; or (D) An account: (1) That is issued on a prepaid basis in a specified amount or not issued on a prepaid basis but capable of being loaded with funds thereafter, (2) Whose primary function is to conduct transactions with multiple, unaffiliated merchants for goods or services, or at automated teller machines, or to conduct person-to-person transfers, and (3) That is not a checking account, share draft account, or negotiable order of withdrawal account. (ii) For purposes of paragraphs (b)(3)(i)(C) and (D) of this section, the term “prepaid account” does not include: (A) An account that is loaded only with funds from a health savings account, flexible spending arrangement, medical savings account, health reimbursement arrangement, dependent care assistance program, or transit or parking reimbursement arrangement; (B) An account that is directly or indirectly established through a third party and loaded only with qualified disaster relief payments; (C) The person-to-person functionality of an account established by or through the United States government whose primary function is to conduct closed-loop transactions on U.S. military installations or vessels, or similar government facilities; (D)(1) A gift certificate as defined in §1005.20(a)(1) and (b); (2) A store gift card as defined in §1005.20(a)(2) and (b); (3) A loyalty, award, or promotional gift card as defined in §1005.20(a)(4), or that satisfies the criteria in §1005.20(a)(4)(i) and (ii) and is excluded from §1005.20 pursuant to §1005.20(b)(4); or (4) A general-use prepaid card as defined in §1005.20(a)(3) and (b) that is both marketed and labeled as a gift card or gift certificate; or (E) An account established for distributing needs-tested benefits in a program established under state or local law or administered by a state or local agency, as set forth in §1005.15(a)(2). (c) “Act” means the Electronic Fund Transfer Act (Title IX of the Consumer Credit Protection Act, 15 U.S.C. 1693 et seq.). (d) “Business day” means any day on which the offices of the consumer's financial institution are open to the public for carrying on substantially all business functions. (e) “Consumer” means a natural person. (f) “Credit” means the right granted by a financial institution to a consumer to defer payment of debt, incur debt and defer its payment, or purchase property or services and defer payment therefor. (g) “Electronic fund transfer” is defined in §1005.3. (h) “Electronic terminal” means an electronic device, other than a telephone operated by a consumer, through which a consumer may initiate an electronic fund transfer. The term includes, but is not limited to, point-of-sale terminals, automated teller machines (ATMs), and cash dispensing machines. (i) “Financial institution” means a bank, savings association, credit union, or any other person that directly or indirectly holds an account belonging to a consumer, or that issues an access device and agrees with a consumer to provide electronic fund transfer services, other than a person excluded from coverage of this part by section 1029 of the Consumer Financial Protection Act of 2010, title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111-203, 124 Stat. 1376. (j) “Person” means a natural person or an organization, including a corporation, government agency, estate, trust, partnership, proprietorship, cooperative, or association. (k) “Preauthorized electronic fund transfer” means an electronic fund transfer authorized in advance to recur at substantially regular intervals. (l) “State” means any state, territory, or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico; or any political subdivision of the thereof in this paragraph (l). (m) “Unauthorized electronic fund transfer” means an electronic fund transfer from a consumer's account initiated by a person other than the consumer without actual authority to initiate the transfer and from which the consumer receives no benefit. The term does not include an electronic fund transfer initiated: (1) By a person who was furnished the access device to the consumer's account by the consumer, unless the consumer has notified the financial institution that transfers by that person are no longer authorized; (2) With fraudulent intent by the consumer or any person acting in concert with the consumer; or (3) By the financial institution or its employee. [76 FR 81023, Dec. 27, 2011, as amended at 77 FR 6285, Feb. 7, 2012; 81 FR 84325, Nov. 22, 2016; 83 FR 6417, Feb. 13, 2018] (a) General. This part applies to any electronic fund transfer that authorizes a financial institution to debit or credit a consumer's account. Generally, this part applies to financial institutions. For purposes of §§1005.3(b)(2) and (3), 1005.10(b), (d), and (e), 1005.13, and 1005.20, this part applies to any person, other than a person excluded from coverage of this part by section 1029 of the Consumer Financial Protection Act of 2010, Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. 111-203, 124 Stat. 1376. The requirements of subpart B apply to remittance transfer providers. (b) Electronic fund transfer—(1) Definition. The term “electronic fund transfer” means any transfer of funds that is initiated through an electronic terminal, telephone, computer, or magnetic tape for the purpose of ordering, instructing, or authorizing a financial institution to debit or credit a consumer's account. The term includes, but is not limited to: (i) Point-of-sale transfers; (ii) Automated teller machine transfers; (iii) Direct deposits or withdrawals of funds; (iv) Transfers initiated by telephone; and (v) Transfers resulting from debit card transactions, whether or not initiated through an electronic terminal. (2) Electronic fund transfer using information from a check. (i) This part applies where a check, draft, or similar paper instrument is used as a source of information to initiate a one-time electronic fund transfer from a consumer's account. The consumer must authorize the transfer. (ii) The person initiating an electronic fund transfer using the consumer's check as a source of information for the transfer must provide a notice that the transaction will or may be processed as an electronic fund transfer, and obtain a consumer's authorization for each transfer. A consumer authorizes a one-time electronic fund transfer (in providing a check to a merchant or other payee for the MICR encoding, that is, the routing number of the financial institution, the consumer's account number and the serial number) when the consumer receives notice and goes forward with the underlying transaction. For point-of-sale transfers, the notice must be posted in a prominent and conspicuous location, and a copy thereof, or a substantially similar notice, must be provided to the consumer at the time of the transaction. (iii) A person may provide notices that are substantially similar to those set forth in appendix A-6 to comply with the requirements of this paragraph (b)(2). (3) Collection of returned item fees via electronic fund transfer—(i) General. The person initiating an electronic fund transfer to collect a fee for the return of an electronic fund transfer or a check that is unpaid, including due to insufficient or uncollected funds in the consumer's account, must obtain the consumer's authorization for each transfer. A consumer authorizes a one-time electronic fund transfer from his or her account to pay the fee for the returned item or transfer if the person collecting the fee provides notice to the consumer stating that the person may electronically collect the fee, and the consumer goes forward with the underlying transaction. The notice must state that the fee will be collected by means of an electronic fund transfer from the consumer's account if the payment is returned unpaid and must disclose the dollar amount of the fee. If the fee may vary due to the amount of the transaction or due to other factors, then, except as otherwise provided in paragraph (b)(3)(ii) of this section, the person collecting the fee may disclose, in place of the dollar amount of the fee, an explanation of how the fee will be determined. (ii) Point-of-sale transactions. If a fee for an electronic fund transfer or check returned unpaid may be collected electronically in connection with a point-of-sale transaction, the person initiating an electronic fund transfer to collect the fee must post the notice described in paragraph (b)(3)(i) of this section in a prominent and conspicuous location. The person also must either provide the consumer with a copy of the posted notice (or a substantially similar notice) at the time of the transaction, or mail the copy (or a substantially similar notice) to the consumer's address as soon as reasonably practicable after the person initiates the electronic fund transfer to collect the fee. If the amount of the fee may vary due to the amount of the transaction or due to other factors, the posted notice may explain how the fee will be determined, but the notice provided to the consumer must state the dollar amount of the fee if the amount can be calculated at the time the notice is provided or mailed to the consumer. (c) Exclusions from coverage. The term “electronic fund transfer” does not include: (1) Checks. Any transfer of funds originated by check, draft, or similar paper instrument; or any payment made by check, draft, or similar paper instrument at an electronic terminal. (2) Check guarantee or authorization. Any transfer of funds that guarantees payment or authorizes acceptance of a check, draft, or similar paper instrument but that does not directly result in a debit or credit to a consumer's account. (3) Wire or other similar transfers. Any transfer of funds through Fedwire or through a similar wire transfer system that is used primarily for transfers between financial institutions or between businesses. (4) Securities and commodities transfers. Any transfer of funds the primary purpose of which is the purchase or sale of a security or commodity, if the security or commodity is: (i) Regulated by the Securities and Exchange Commission or the Commodity Futures Trading Commission; (ii) Purchased or sold through a broker-dealer regulated by the Securities and Exchange Commission or through a futures commission merchant regulated by the Commodity Futures Trading Commission; or (iii) Held in book-entry form by a Federal Reserve Bank or Federal agency. (5) Automatic transfers by account-holding institution. Any transfer of funds under an agreement between a consumer and a financial institution which provides that the institution will initiate individual transfers without a specific request from the consumer: (i) Between a consumer's accounts within the financial institution; (ii) From a consumer's account to an account of a member of the consumer's family held in the same financial institution; or (iii) Between a consumer's account and an account of the financial institution, except that these transfers remain subject to §1005.10(e) regarding compulsory use and sections 916 and 917 of the Act regarding civil and criminal liability. (6) Telephone-initiated transfers. Any transfer of funds that: (i) Is initiated by a telephone communication between a consumer and a financial institution making the transfer; and (ii) Does not take place under a telephone bill-payment or other written plan in which periodic or recurring transfers are contemplated. (7) Small institutions. Any preauthorized transfer to or from an account if the assets of the account-holding financial institution were $100 million or less on the preceding December 31. If assets of the account-holding institution subsequently exceed $100 million, the institution's exemption for preauthorized transfers terminates one year from the end of the calendar year in which the assets exceed $100 million. Preauthorized transfers exempt under this paragraph (c)(7) remain subject to §1005.10(e) regarding compulsory use and sections 916 and 917 of the Act regarding civil and criminal liability. (a)(1) Form of disclosures. Disclosures required under this part shall be clear and readily understandable, in writing, and in a form the consumer may keep, except as otherwise provided in this part. The disclosures required by this part may be provided to the consumer in electronic form, subject to compliance with the consumer-consent and other applicable provisions of the Electronic Signatures in Global and National Commerce Act (E-Sign Act) (15 U.S.C. 7001 et seq.). A financial institution may use commonly accepted or readily understandable abbreviations in complying with the disclosure requirements of this part. (2) Foreign language disclosures. Disclosures required under this part may be made in a language other than English, provided that the disclosures are made available in English upon the consumer's request. (b) Additional information; disclosures required by other laws. A financial institution may include additional information and may combine disclosures required by other laws (such as the Truth in Lending Act (15 U.S.C. 1601 et seq.) or the Truth in Savings Act (12 U.S.C. 4301 et seq.) with the disclosures required by this part. (c) Multiple accounts and account holders—(1) Multiple accounts. A financial institution may combine the required disclosures into a single statement for a consumer who holds more than one account at the institution. (2) Multiple account holders. For joint accounts held by two or more consumers, a financial institution need provide only one set of the required disclosures and may provide them to any of the account holders. (d) Services offered jointly. Financial institutions that provide electronic fund transfer services jointly may contract among themselves to comply with the requirements that this part imposes on any or all of them. An institution need make only the disclosures required by §§1005.7 and 1005.8 that are within its knowledge and within the purview of its relationship with the consumer for whom it holds an account. (a) Solicited issuance. Except as provided in paragraph (b) of this section, a financial institution may issue an access device to a consumer only: (1) In response to an oral or written request for the device; or (2) As a renewal of, or in substitution for, an accepted access device whether issued by the institution or a successor. (b) Unsolicited issuance. A financial institution may distribute an access device to a consumer on an unsolicited basis if the access device is: (1) Not validated, meaning that the institution has not yet performed all the procedures that would enable a consumer to initiate an electronic fund transfer using the access device; (2) Accompanied by a clear explanation that the access device is not validated and how the consumer may dispose of it if validation is not desired; (3) Accompanied by the disclosures required by §1005.7, of the consumer's rights and liabilities that will apply if the access device is validated; and (4) Validated only in response to the consumer's oral or written request for validation, after the institution has verified the consumer's identity by a reasonable means. (a) Conditions for liability. A consumer may be held liable, within the limitations described in paragraph (b) of this section, for an unauthorized electronic fund transfer involving the consumer's account only if the financial institution has provided the disclosures required by §1005.7(b)(1), (2), and (3). If the unauthorized transfer involved an access device, it must be an accepted access device and the financial institution must have provided a means to identify the consumer to whom it was issued. (b) Limitations on amount of liability. A consumer's liability for an unauthorized electronic fund transfer or a series of related unauthorized transfers shall be determined as follows: (1) Timely notice given. If the consumer notifies the financial institution within two business days after learning of the loss or theft of the access device, the consumer's liability shall not exceed the lesser of $50 or the amount of unauthorized transfers that occur before notice to the financial institution. (2) Timely notice not given. If the consumer fails to notify the financial institution within two business days after learning of the loss or theft of the access device, the consumer's liability shall not exceed the lesser of $500 or the sum of: (i) $50 or the amount of unauthorized transfers that occur within the two business days, whichever is less; and (ii) The amount of unauthorized transfers that occur after the close of two business days and before notice to the institution, provided the institution establishes that these transfers would not have occurred had the consumer notified the institution within that two-day period. (3) Periodic statement; timely notice not given. A consumer must report an unauthorized electronic fund transfer that appears on a periodic statement within 60 days of the financial institution's transmittal of the statement to avoid liability for subsequent transfers. If the consumer fails to do so, the consumer's liability shall not exceed the amount of the unauthorized transfers that occur after the close of the 60 days and before notice to the institution, and that the institution establishes would not have occurred had the consumer notified the institution within the 60-day period. When an access device is involved in the unauthorized transfer, the consumer may be liable for other amounts set forth in paragraphs (b)(1) or (b)(2) of this section, as applicable. (4) Extension of time limits. If the consumer's delay in notifying the financial institution was due to extenuating circumstances, the institution shall extend the times specified above to a reasonable period. (5) Notice to financial institution. (i) Notice to a financial institution is given when a consumer takes steps reasonably necessary to provide the institution with the pertinent information, whether or not a particular employee or agent of the institution actually receives the information. (ii) The consumer may notify the institution in person, by telephone, or in writing. (iii) Written notice is considered given at the time the consumer mails the notice or delivers it for transmission to the institution by any other usual means. Notice may be considered constructively given when the institution becomes aware of circumstances leading to the reasonable belief that an unauthorized transfer to or from the consumer's account has been or may be made. (6) Liability under state law or agreement. If state law or an agreement between the consumer and the financial institution imposes less liability than is provided by this section, the consumer's liability shall not exceed the amount imposed under the state law or agreement. (a) Timing of disclosures. A financial institution shall make the disclosures required by this section at the time a consumer contracts for an electronic fund transfer service or before the first electronic fund transfer is made involving the consumer's account. (b) Content of disclosures. A financial institution shall provide the following disclosures, as applicable: (1) Liability of consumer. A summary of the consumer's liability, under §1005.6 or under state or other applicable law or agreement, for unauthorized electronic fund transfers. (2) Telephone number and address. The telephone number and address of the person or office to be notified when the consumer believes that an unauthorized electronic fund transfer has been or may be made. (3) Business days. The financial institution's business days. (4) Types of transfers; limitations. The type of electronic fund transfers that the consumer may make and any limitations on the frequency and dollar amount of transfers. Details of the limitations need not be disclosed if confidentiality is essential to maintain the security of the electronic fund transfer system. (5) Fees. Any fees imposed by the financial institution for electronic fund transfers or for the right to make transfers. (6) Documentation. A summary of the consumer's right to receipts and periodic statements, as provided in §1005.9 of this part, and notices regarding preauthorized transfers as provided in §1005.10(a) and (d). (7) Stop payment. A summary of the consumer's right to stop payment of a preauthorized electronic fund transfer and the procedure for placing a stop-payment order, as provided in §1005.10(c). (8) Liability of institution. A summary of the financial institution's liability to the consumer under section 910 of the Act for failure to make or to stop certain transfers. (9) Confidentiality. The circumstances under which, in the ordinary course of business, the financial institution may provide information concerning the consumer's account to third parties. (10) Error resolution. A notice that is substantially similar to Model Form A-3 as set out in appendix A of this part concerning error resolution. (11) ATM fees. A notice that a fee may be imposed by an automated teller machine operator as defined in §1005.16(a), when the consumer initiates an electronic fund transfer or makes a balance inquiry, and by any network used to complete the transaction. (c) Addition of electronic fund transfer services. If an electronic fund transfer service is added to a consumer's account and is subject to terms and conditions different from those described in the initial disclosures, disclosures for the new service are required. [76 FR 81023, Dec. 27, 2011, as amended at 81 FR 70320, Oct. 12, 2016] (a) Change in terms notice—(1) Prior notice required. A financial institution shall mail or deliver a written notice to the consumer, at least 21 days before the effective date, of any change in a term or condition required to be disclosed under §1005.7(b) of this part if the change would result in: (i) Increased fees for the consumer; (ii) Increased liability for the consumer; (iii) Fewer types of available electronic fund transfers; or (iv) Stricter limitations on the frequency or dollar amount of transfers. (2) Prior notice exception. A financial institution need not give prior notice if an immediate change in terms or conditions is necessary to maintain or restore the security of an account or an electronic fund transfer system. If the institution makes such a change permanent and disclosure would not jeopardize the security of the account or system, the institution shall notify the consumer in writing on or with the next regularly scheduled periodic statement or within 30 days of making the change permanent. (b) Error resolution notice. For accounts to or from which electronic fund transfers can be made, a financial institution shall mail or deliver to the consumer, at least once each calendar year, an error resolution notice substantially similar to the model form set forth in appendix A of this part (Model Form A-3). Alternatively, an institution may include an abbreviated notice substantially similar to the model form error resolution notice set forth in appendix A of this part (Model Form A-3), on or with each periodic statement required by §1005.9(b). (a) Receipts at electronic terminals—General. Except as provided in paragraph (e) of this section, a financial institution shall make a receipt available to a consumer at the time the consumer initiates an electronic fund transfer at an electronic terminal. The receipt shall set forth the following information, as applicable: (1) Amount. The amount of the transfer. A transaction fee may be included in this amount, provided the amount of the fee is disclosed on the receipt and displayed on or at the terminal. (2) Date. The date the consumer initiates the transfer. (3) Type. The type of transfer and the type of the consumer's account(s) to or from which funds are transferred. The type of account may be omitted if the access device used is able to access only one account at that terminal. (4) Identification. A number or code that identifies the consumer's account or accounts, or the access device used to initiate the transfer. The number or code need not exceed four digits or letters to comply with the requirements of this paragraph (a)(4). (5) Terminal location. The location of the terminal where the transfer is initiated, or an identification such as a code or terminal number. Except in limited circumstances where all terminals are located in the same city or state, if the location is disclosed, it shall include the city and state or foreign country and one of the following: (i) The street address; or (ii) A generally accepted name for the specific location; or (iii) The name of the owner or operator of the terminal if other than the account-holding institution. (6) Third party transfer. The name of any third party to or from whom funds are transferred. (b) Periodic statements. For an account to or from which electronic fund transfers can be made, a financial institution shall send a periodic statement for each monthly cycle in which an electronic fund transfer has occurred; and shall send a periodic statement at least quarterly if no transfer has occurred. The statement shall set forth the following information, as applicable: (1) Transaction information. For each electronic fund transfer occurring during the cycle: (i) The amount of the transfer; (ii) The date the transfer was credited or debited to the consumer's account; (iii) The type of transfer and type of account to or from which funds were transferred; (iv) For a transfer initiated by the consumer at an electronic terminal (except for a deposit of cash or a check, draft, or similar paper instrument), the terminal location described in paragraph (a)(5) of this section; and (v) The name of any third party to or from whom funds were transferred. (2) Account number. The number of the account. (3) Fees. The amount of any fees assessed against the account during the statement period for electronic fund transfers, the right to make transfers, or account maintenance. (4) Account balances. The balance in the account at the beginning and at the close of the statement period. (5) Address and telephone number for inquiries. The address and telephone number to be used for inquiries or notice of errors, preceded by “Direct inquiries to” or similar language. The address and telephone number provided on an error resolution notice under §1005.8(b) given on or with the statement satisfies this requirement. (6) Telephone number for preauthorized transfers. A telephone number the consumer may call to ascertain whether preauthorized transfers to the consumer's account have occurred, if the financial institution uses the telephone-notice option under §1005.10(a)(1)(iii). (c) Exceptions to the periodic statement requirement for certain accounts—(1) Preauthorized transfers to accounts. For accounts that may be accessed only by preauthorized transfers to the account the following rules apply: (i) Passbook accounts. For passbook accounts, the financial institution need not provide a periodic statement if the institution updates the passbook upon presentation or enters on a separate document the amount and date of each electronic fund transfer since the passbook was last presented. (ii) Other accounts. For accounts other than passbook accounts, the financial institution must send a periodic statement at least quarterly. (2) Intra-institutional transfers. For an electronic fund transfer initiated by the consumer between two accounts of the consumer in the same institution, documenting the transfer on a periodic statement for one of the two accounts satisfies the periodic statement requirement. (3) Relationship between paragraphs (c)(1) and (2) of this section. An account that is accessed by preauthorized transfers to the account described in paragraph (c)(1) of this section and by intra-institutional transfers described in paragraph (c)(2) of this section, but by no other type of electronic fund transfers, qualifies for the exceptions provided by paragraph (c)(1) of this section. (d) Documentation for foreign-initiated transfers. The failure by a financial institution to provide a terminal receipt for an electronic fund transfer or to document the transfer on a periodic statement does not violate this part if: (1) The transfer is not initiated within a state; and (2) The financial institution treats an inquiry for clarification or documentation as a notice of error in accordance with §1005.11. (e) Exception for receipts in small-value transfers. A financial institution is not subject to the requirement to make available a receipt under paragraph (a) of this section if the amount of the transfer is $15 or less. (a) Preauthorized transfers to consumer's account—(1) Notice by financial institution. When a person initiates preauthorized electronic fund transfers to a consumer's account at least once every 60 days, the account-holding financial institution shall provide notice to the consumer by: (i) Positive notice. Providing oral or written notice of the transfer within two business days after the transfer occurs; or (ii) Negative notice. Providing oral or written notice, within two business days after the date on which the transfer was scheduled to occur, that the transfer did not occur; or (iii) Readily-available telephone line. Providing a readily available telephone line that the consumer may call to determine whether the transfer occurred and disclosing the telephone number on the initial disclosure of account terms and on each periodic statement. (2) Notice by payor. A financial institution need not provide notice of a transfer if the payor gives the consumer positive notice that the transfer has been initiated. (3) Crediting. A financial institution that receives a preauthorized transfer of the type described in paragraph (a)(1) of this section shall credit the amount of the transfer as of the date the funds for the transfer are received. (b) Written authorization for preauthorized transfers from consumer's account. Preauthorized electronic fund transfers from a consumer's account may be authorized only by a writing signed or similarly authenticated by the consumer. The person that obtains the authorization shall provide a copy to the consumer. (c) Consumer's right to stop payment—(1) Notice. A consumer may stop payment of a preauthorized electronic fund transfer from the consumer's account by notifying the financial institution orally or in writing at least three business days before the scheduled date of the transfer. (2) Written confirmation. The financial institution may require the consumer to give written confirmation of a stop-payment order within 14 days of an oral notification. An institution that requires written confirmation shall inform the consumer of the requirement and provide the address where confirmation must be sent when the consumer gives the oral notification. An oral stop-payment order ceases to be binding after 14 days if the consumer fails to provide the required written confirmation. (d) Notice of transfers varying in amount—(1) Notice. When a preauthorized electronic fund transfer from the consumer's account will vary in amount from the previous transfer under the same authorization or from the preauthorized amount, the designated payee or the financial institution shall send the consumer written notice of the amount and date of the transfer at least 10 days before the scheduled date of transfer. (2) Range. The designated payee or the institution shall inform the consumer of the right to receive notice of all varying transfers, but may give the consumer the option of receiving notice only when a transfer falls outside a specified range of amounts or only when a transfer differs from the most recent transfer by more than an agreed-upon amount. (e) Compulsory use—(1) Credit. No financial institution or other person may condition an extension of credit to a consumer on the consumer's repayment by preauthorized electronic fund transfers, except for credit extended under an overdraft credit plan or extended to maintain a specified minimum balance in the consumer's account. This exception does not apply to a covered separate credit feature accessible by a hybrid prepaid-credit card as defined in Regulation Z, 12 CFR 1026.61. (2) Employment or government benefit. No financial institution or other person may require a consumer to establish an account for receipt of electronic fund transfers with a particular institution as a condition of employment or receipt of a government benefit. [76 FR 81023, Dec. 27, 2011, as amended at 81 FR 84326, Nov. 22, 2016] (a) Definition of error—(1) Types of transfers or inquiries covered. The term “error” means: (i) An unauthorized electronic fund transfer; (ii) An incorrect electronic fund transfer to or from the consumer's account; (iii) The omission of an electronic fund transfer from a periodic statement; (iv) A computational or bookkeeping error made by the financial institution relating to an electronic fund transfer; (v) The consumer's receipt of an incorrect amount of money from an electronic terminal; (vi) An electronic fund transfer not identified in accordance with §1005.9 or §1005.10(a); or (vii) The consumer's request for documentation required by §1005.9 or §1005.10(a) or for additional information or clarification concerning an electronic fund transfer, including a request the consumer makes to determine whether an error exists under paragraphs (a)(1)(i) through (vi) of this section. (2) Types of inquiries not covered. The term “error” does not include: (i) A routine inquiry about the consumer's account balance; (ii) A request for information for tax or other recordkeeping purposes; or (iii) A request for duplicate copies of documentation. (b) Notice of error from consumer—(1) Timing; contents. A financial institution shall comply with the requirements of this section with respect to any oral or written notice of error from the consumer that: (i) Is received by the institution no later than 60 days after the institution sends the periodic statement or provides the passbook documentation, required by §1005.9, on which the alleged error is first reflected; (ii) Enables the institution to identify the consumer's name and account number; and (iii) Indicates why the consumer believes an error exists and includes to the extent possible the type, date, and amount of the error, except for requests described in paragraph (a)(1)(vii) of this section. (2) Written confirmation. A financial institution may require the consumer to give written confirmation of an error within 10 business days of an oral notice. An institution that requires written confirmation shall inform the consumer of the requirement and provide the address where confirmation must be sent when the consumer gives the oral notification. (3) Request for documentation or clarifications. When a notice of error is based on documentation or clarification that the consumer requested under paragraph (a)(1)(vii) of this section, the consumer's notice of error is timely if received by the financial institution no later than 60 days after the institution sends the information requested. (c) Time limits and extent of investigation—(1) Ten-day period. A financial institution shall investigate promptly and, except as otherwise provided in this paragraph (c), shall determine whether an error occurred within 10 business days of receiving a notice of error. The institution shall report the results to the consumer within three business days after completing its investigation. The institution shall correct the error within one business day after determining that an error occurred. (2) Forty-five day period. If the financial institution is unable to complete its investigation within 10 business days, the institution may take up to 45 days from receipt of a notice of error to investigate and determine whether an error occurred, provided the institution does the following: (i) Provisionally credits the consumer's account in the amount of the alleged error (including interest where applicable) within 10 business days of receiving the error notice. If the financial institution has a reasonable basis for believing that an unauthorized electronic fund transfer has occurred and the institution has satisfied the requirements of §1005.6(a), the institution may withhold a maximum of $50 from the amount credited. An institution need not provisionally credit the consumer's account if: (A) The institution requires but does not receive written confirmation within 10 business days of an oral notice of error; or (B) The alleged error involves an account that is subject to Regulation T of the Board of Governors of the Federal Reserve System (Securities Credit by Brokers and Dealers, 12 CFR part 220). (ii) Informs the consumer, within two business days after the provisional crediting, of the amount and date of the provisional crediting and gives the consumer full use of the funds during the investigation; (iii) Corrects the error, if any, within one business day after determining that an error occurred; and (iv) Reports the results to the consumer within three business days after completing its investigation (including, if applicable, notice that a provisional credit has been made final). (3) Extension of time periods. The time periods in paragraphs (c)(1) and (c)(2) of this section are extended as follows: (i) The applicable time is 20 business days in place of 10 business days under paragraphs (c)(1) and (2) of this section if the notice of error involves an electronic fund transfer to or from the account within 30 days after the first deposit to the account was made. (ii) The applicable time is 90 days in place of 45 days under paragraph (c)(2) of this section, for completing an investigation, if a notice of error involves an electronic fund transfer that: (A) Was not initiated within a state; (B) Resulted from a point-of-sale debit card transaction; or (C) Occurred within 30 days after the first deposit to the account was made. (4) Investigation. With the exception of transfers covered by §1005.14 of this part, a financial institution's review of its own records regarding an alleged error satisfies the requirements of this section if: (i) The alleged error concerns a transfer to or from a third party; and (ii) There is no agreement between the institution and the third party for the type of electronic fund transfer involved. (d) Procedures if financial institution determines no error or different error occurred. In addition to following the procedures specified in paragraph (c) of this section, the financial institution shall follow the procedures set forth in this paragraph (d) if it determines that no error occurred or that an error occurred in a manner or amount different from that described by the consumer: (1) Written explanation. The institution's report of the results of its investigation shall include a written explanation of the institution's findings and shall note the consumer's right to request the documents that the institution relied on in making its determination. Upon request, the institution shall promptly provide copies of the documents. (2) Debiting provisional credit. Upon debiting a provisionally credited amount, the financial institution shall: (i) Notify the consumer of the date and amount of the debiting; (ii) Notify the consumer that the institution will honor checks, drafts, or similar instruments payable to third parties and preauthorized transfers from the consumer's account (without charge to the consumer as a result of an overdraft) for five business days after the notification. The institution shall honor items as specified in the notice, but need honor only items that it would have paid if the provisionally credited funds had not been debited. (e) Reassertion of error. A financial institution that has fully complied with the error resolution requirements has no further responsibilities under this section should the consumer later reassert the same error, except in the case of an error asserted by the consumer following receipt of information provided under paragraph (a)(1)(vii) of this section. [76 FR 81023, Dec. 27, 2011, as amended at 81 FR 84326, Nov. 22, 2016; 83 FR 6417, Feb. 13, 2018] (a) Relation to Truth in Lending. (1) The Electronic Fund Transfer Act and this part govern: (i) The addition to an accepted credit card, as defined in Regulation Z (12 CFR 1026.12, comment 12-2), of the capability to initiate electronic fund transfers; (ii) The issuance of an access device (other than an access device for a prepaid account) that permits credit extensions (under a preexisting agreement between a consumer and a financial institution) only when the consumer's account is overdrawn or to maintain a specified minimum balance in the consumer's account, or under an overdraft service, as defined in §1005.17(a) of this part; (iii) The addition of an overdraft service, as defined in §1005.17(a), to an accepted access device; and (iv) A consumer's liability for an unauthorized electronic fund transfer and the investigation of errors involving: (A) Except with respect to a prepaid account, an extension of credit that is incident to an electronic fund transfer that occurs under an agreement between the consumer and a financial institution to extend credit when the consumer's account is overdrawn or to maintain a specified minimum balance in the consumer's account, or under an overdraft service, as defined in §1005.17(a); (B) With respect to transactions that involve a covered separate credit feature and an asset feature on a prepaid account that are both accessible by a hybrid prepaid-credit card as those terms are defined in Regulation Z, 12 CFR 1026.61, an extension of credit that is incident to an electronic fund transfer that occurs when the hybrid prepaid-credit card accesses both funds in the asset feature of the prepaid account and a credit extension from the credit feature with respect to a particular transaction; (C) Transactions that involves credit extended through a negative balance to the asset feature of a prepaid account that meets the conditions set forth in Regulation Z, 12 CFR 1026.61(a)(4); and (D) With respect to transactions involving a prepaid account and a non-covered separate credit feature as defined in Regulation Z, 12 CFR 1026.61, transactions that access the prepaid account, as applicable. (2) The Truth in Lending Act and Regulation Z (12 CFR part 1026), which prohibit the unsolicited issuance of credit cards, govern: (i) The addition of a credit feature or plan to an accepted access device, including an access device for a prepaid account, that would make the access device into a credit card under Regulation Z (12 CFR part 1026); (ii) Except as provided in paragraph (a)(1)(ii) of this section, the issuance of a credit card that is also an access device; and (iii) With respect to transactions involving a prepaid account and a non-covered separate credit feature as defined in Regulation Z, 12 CFR 1026.61, a consumer's liability for unauthorized use and the investigation of errors involving transactions that access the non-covered separate credit feature, as applicable. (b) Preemption of inconsistent state laws—(1) Inconsistent requirements. The Bureau shall determine, upon its own motion or upon the request of a state, financial institution, or other interested party, whether the Act and this part preempt state law relating to electronic fund transfers, or dormancy, inactivity, or service fees, or expiration dates in the case of gift certificates, store gift cards, or general-use prepaid cards. (2) Standards for determination. State law is inconsistent with the requirements of the Act and this part if state law: (i) Requires or permits a practice or act prohibited by the Federal law; (ii) Provides for consumer liability for unauthorized electronic fund transfers that exceeds the limits imposed by the Federal law; (iii) Allows longer time periods than the Federal law for investigating and correcting alleged errors, or does not require the financial institution to credit the consumer's account during an error investigation in accordance with §1005.11(c)(2)(i) of this part; or (iv) Requires initial disclosures, periodic statements, or receipts that are different in content from those required by the Federal law except to the extent that the disclosures relate to consumer rights granted by the state law and not by the Federal law. (c) State exemptions—(1) General rule. Any state may apply for an exemption from the requirements of the Act or this part for any class of electronic fund transfers within the state. The Bureau shall grant an exemption if it determines that: (i) Under state law the class of electronic fund transfers is subject to requirements substantially similar to those imposed by the Federal law; and (ii) There is adequate provision for state enforcement. (2) Exception. To assure that the Federal and state courts continue to have concurrent jurisdiction, and to aid in implementing the Act: (i) No exemption shall extend to the civil liability provisions of section 916 of the Act; and (ii) When the Bureau grants an exemption, the state law requirements shall constitute the requirements of the Federal law for purposes of section 916 of the Act, except for state law requirements not imposed by the Federal law. (a) Enforcement by Federal agencies. Compliance with this part is enforced in accordance with section 918 of the Act. (b) Record retention. (1) Any person subject to the Act and this part shall retain evidence of compliance with the requirements imposed by the Act and this part for a period of not less than two years from the date disclosures are required to be made or action is required to be taken. (2) Any person subject to the Act and this part having actual notice that it is the subject of an investigation or an enforcement proceeding by its enforcement agency, or having been served with notice of an action filed under sections 910, 916, or 917(a) of the Act, shall retain the records that pertain to the investigation, action, or proceeding until final disposition of the matter unless an earlier time is allowed by court or agency order. (a) Provider of electronic fund transfer service. A person that provides an electronic fund transfer service to a consumer but that does not hold the consumer's account is subject to all requirements of this part if the person: (1) Issues a debit card (or other access device) that the consumer can use to access the consumer's account held by a financial institution; and (2) Has no agreement with the account-holding institution regarding such access. (b) Compliance by service provider. In addition to the requirements generally applicable under this part, the service provider shall comply with the following special rules: (1) Disclosures and documentation. The service provider shall give the disclosures and documentation required by §§1005.7, 1005.8, and 1005.9 of this part that are within the purview of its relationship with the consumer. The service provider need not furnish the periodic statement required by §1005.9(b) if the following conditions are met: (i) The debit card (or other access device) issued to the consumer bears the service provider's name and an address or telephone number for making inquiries or giving notice of error; (ii) The consumer receives a notice concerning use of the debit card that is substantially similar to the notice contained in appendix A of this part; (iii) The consumer receives, on or with the receipts required by §1005.9(a), the address and telephone number to be used for an inquiry, to give notice of an error, or to report the loss or theft of the debit card; (iv) The service provider transmits to the account-holding institution the information specified in §1005.9(b)(1), in the format prescribed by the automated clearinghouse (ACH) system used to clear the fund transfers; (v) The service provider extends the time period for notice of loss or theft of a debit card, set forth in §1005.6(b)(1) and (2), from two business days to four business days after the consumer learns of the loss or theft; and extends the time periods for reporting unauthorized transfers or errors, set forth in §§1005.6(b)(3) and 1005.11(b)(1)(i), from 60 days to 90 days following the transmittal of a periodic statement by the account-holding institution. (2) Error resolution. (i) The service provider shall extend by a reasonable time the period in which notice of an error must be received, specified in §1005.11(b)(1)(i), if a delay resulted from an initial attempt by the consumer to notify the account-holding institution. (ii) The service provider shall disclose to the consumer the date on which it initiates a transfer to effect a provisional credit in accordance with §1005.11(c)(2)(ii). (iii) If the service provider determines an error occurred, it shall transfer funds to or from the consumer's account, in the appropriate amount and within the applicable time period, in accordance with §1005.11(c)(2)(i). (iv) If funds were provisionally credited and the service provider determines no error occurred, it may reverse the credit. The service provider shall notify the account-holding institution of the period during which the account-holding institution must honor debits to the account in accordance with §1005.11(d)(2)(ii). If an overdraft results, the service provider shall promptly reimburse the account-holding institution in the amount of the overdraft. (c) Compliance by account-holding institution. The account-holding institution need not comply with the requirements of the Act and this part with respect to electronic fund transfers initiated through the service provider except as follows: (1) Documentation. The account-holding institution shall provide a periodic statement that describes each electronic fund transfer initiated by the consumer with the access device issued by the service provider. The account-holding institution has no liability for the failure to comply with this requirement if the service provider did not provide the necessary information; and (2) Error resolution. Upon request, the account-holding institution shall provide information or copies of documents needed by the service provider to investigate errors or to furnish copies of documents to the consumer. The account-holding institution shall also honor debits to the account in accordance with §1005.11(d)(2)(ii). (a) Government agency subject to regulation. (1) A government agency is deemed to be a financial institution for purposes of the Act and this part if directly or indirectly it issues an access device to a consumer for use in initiating an electronic fund transfer of government benefits from an account, other than needs-tested benefits in a program established under state or local law or administered by a state or local agency. The agency shall comply with all applicable requirements of the Act and this part except as modified by this section. (2) For purposes of this section, the term “account” or “government benefit account” means an account established by a government agency for distributing government benefits to a consumer electronically, such as through automated teller machines or point-of-sale terminals, but does not include an account for distributing needs-tested benefits in a program established under state or local law or administered by a state or local agency. (b) Issuance of access devices. For purposes of this section, a consumer is deemed to request an access device when the consumer applies for government benefits that the agency disburses or will disburse by means of an electronic fund transfer. The agency shall verify the identity of the consumer receiving the device by reasonable means before the device is activated. (c) Pre-acquisition disclosure requirements. (1) Before a consumer acquires a government benefit account, a government agency shall comply with the pre-acquisition disclosure requirements applicable to prepaid accounts as set forth in §1005.18(b). (2) Additional content for government benefit accounts—(i) Statement regarding consumer's payment options. As part of its short form pre-acquisition disclosures, the agency must provide a statement that the consumer does not have to accept the government benefit account and directing the consumer to ask about other ways to receive their benefit payments from the agency instead of receiving them via the account, using the following clause or a substantially similar clause: “You do not have to accept this benefits card. Ask about other ways to receive your benefits.” Alternatively, an agency may provide a statement that the consumer has several options to receive benefit payments, followed by a list of the options available to the consumer, and directing the consumer to indicate which option the consumer chooses using the following clause or a substantially similar clause: “You have several options to receive your payments: [list of options available to the consumer]; or this benefits card. Tell the benefits office which option you choose.” This statement must be located above the information required by §1005.18(b)(2)(i) through (iv). This statement must appear in a minimum type size of eight points (or 11 pixels) and appear in no larger a type size than what is used for the fee headings required by §1005.18(b)(2)(i) through (iv). (ii) Statement regarding state-required information or other fee discounts and waivers. An agency may, but is not required to, include a statement in one additional line of text in the short form disclosure directing the consumer to a particular location outside the short form disclosure for information on ways the consumer may access government benefit account funds and balance information for free or for a reduced fee. This statement must be located directly below any statements disclosed pursuant to §1005.18(b)(3)(i) and (ii), or, if no such statements are disclosed, above the statement required by §1005.18(b)(2)(x). This statement must appear in the same type size used to disclose variable fee information pursuant to §1005.18(b)(3)(i) and (ii), or, if none, the same type size used for the information required by §1005.18(b)(2)(x) through (xiii). (3) Form of disclosures. When a short form disclosure required by paragraph (c) of this section is provided in writing or electronically, the information required by §1005.18(b)(2)(i) through (ix) shall be provided in the form of a table. Except as provided in §1005.18(b)(6)(iii)(B), the short form disclosure required by §1005.18(b)(2) shall be provided in a form substantially similar to Model Form A-10(a) of appendix A of this part. Sample Form A-10(f) in appendix A of this part provides an example of the long form disclosure required by §1005.18(b)(4) when the agency does not offer multiple service plans. (d) Access to account information—(1) Periodic statement alternative. A government agency need not furnish periodic statements required by §1005.9(b) if the agency makes available to the consumer: (i) The consumer's account balance, through a readily available telephone line and at a terminal (such as by providing balance information at a balance-inquiry terminal or providing it, routinely or upon request, on a terminal receipt at the time of an electronic fund transfer); (ii) An electronic history of the consumer's account transactions, such as through a Web site, that covers at least 12 months preceding the date the consumer electronically accesses the account; and (iii) A written history of the consumer's account transactions that is provided promptly in response to an oral or written request and that covers at least 24 months preceding the date the agency receives the consumer's request. (2) Additional access to account information requirements. For government benefit accounts, a government agency shall comply with the account information requirements applicable to prepaid accounts as set forth in §1005.18(c)(3) through (5). (e) Modified disclosure, limitations on liability, and error resolution requirements. A government agency that provides information under paragraph (d)(1) of this section shall comply with the following: (1) Initial disclosures. The agency shall modify the disclosures under §1005.7(b) by disclosing: (i) Access to account information. A telephone number that the consumer may call to obtain the account balance, the means by which the consumer can obtain an electronic account history, such as the address of a Web site, and a summary of the consumer's right to receive a written account history upon request (in place of the summary of the right to receive a periodic statement required by §1005.7(b)(6)), including a telephone number to call to request a history. The disclosure required by this paragraph (e)(1)(i) may be made by providing a notice substantially similar to the notice contained in paragraph (a) of appendix A-5 of this part. (ii) Error resolution. A notice concerning error resolution that is substantially similar to the notice contained in paragraph (b) of appendix A-5 of this part, in place of the notice required by §1005.7(b)(10). (2) Annual error resolution notice. The agency shall provide an annual notice concerning error resolution that is substantially similar to the notice contained in paragraph (b) of appendix A-5 of this part, in place of the notice required by §1005.8(b). Alternatively, the agency may include on or with each electronic or written history provided in accordance with paragraph (d)(1) of this section, a notice substantially similar to the abbreviated notice for periodic statements contained in paragraph (b) in appendix A-3 of this part, modified as necessary to reflect the error resolution provisions set forth in this section. (3) Modified limitations on liability requirements. (i) For purposes of §1005.6(b)(3), the 60-day period for reporting any unauthorized transfer shall begin on the earlier of: (A) The date the consumer electronically accesses the consumer's account under paragraph (d)(1)(ii) of this section, provided that the electronic history made available to the consumer reflects the unauthorized transfer; or (B) The date the agency sends a written history of the consumer's account transactions requested by the consumer under paragraph (d)(1)(iii) of this section in which the unauthorized transfer is first reflected. (ii) An agency may comply with paragraph (e)(3)(i) of this section by limiting the consumer's liability for an unauthorized transfer as provided under §1005.6(b)(3) for any transfer reported by the consumer within 120 days after the transfer was credited or debited to the consumer's account. (4) Modified error resolution requirements. (i) The agency shall comply with the requirements of §1005.11 in response to an oral or written notice of an error from the consumer that is received by the earlier of: (A) Sixty days after the date the consumer electronically accesses the consumer's account under paragraph (d)(1)(ii) of this section, provided that the electronic history made available to the consumer reflects the alleged error; or (B) Sixty days after the date the agency sends a written history of the consumer's account transactions requested by the consumer under paragraph (d)(1)(iii) of this section in which the alleged error is first reflected. (ii) In lieu of following the procedures in paragraph (e)(4)(i) of this section, an agency complies with the requirements for resolving errors in §1005.11 if it investigates any oral or written notice of an error from the consumer that is received by the agency within 120 days after the transfer allegedly in error was credited or debited to the consumer's account. (f) Disclosure of fees and other information. For government benefit accounts, a government agency shall comply with the disclosure and change-in-terms requirements applicable to prepaid accounts as set forth in §1005.18(f). (g) Government benefit accounts accessible by hybrid prepaid-credit cards. For government benefit accounts accessible by hybrid prepaid-credit cards as defined in Regulation Z, 12 CFR 1026.61, a government agency shall comply with prohibitions and requirements applicable to prepaid accounts as set forth in §1005.18(g). [81 FR 84326, Nov. 22, 2016] (a) Definition. “Automated teller machine operator” means any person that operates an automated teller machine at which a consumer initiates an electronic fund transfer or a balance inquiry and that does not hold the account to or from which the transfer is made, or about which an inquiry is made. (b) General. An automated teller machine operator that imposes a fee on a consumer for initiating an electronic fund transfer or a balance inquiry must provide a notice that a fee will be imposed for providing electronic fund transfer services or a balance inquiry that discloses the amount of the fee. (c) Notice requirement. An automated teller machine operator must provide the notice required by paragraph (b) of this section either by showing it on the screen of the automated teller machine or by providing it on paper, before the consumer is committed to paying a fee. (d) Imposition of fee. An automated teller machine operator may impose a fee on a consumer for initiating an electronic fund transfer or a balance inquiry only if: (1) The consumer is provided the notice required under paragraph (c) of this section, and (2) The consumer elects to continue the transaction or inquiry after receiving such notice. [76 FR 81023, Dec. 27, 2011, as amended at 78 FR 18224, Mar. 26, 2013] (a) Definition. For purposes of this section, the term “overdraft service” means a service under which a financial institution assesses a fee or charge on a consumer's account held by the institution for paying a transaction (including a check or other item) when the consumer has insufficient or unavailable funds in the account. The term “overdraft service” does not include any payment of overdrafts pursuant to: (1) A line of credit subject to Regulation Z (12 CFR part 1026), including transfers from a credit card account, home equity line of credit, or overdraft line of credit; (2) A service that transfers funds from another account held individually or jointly by a consumer, such as a savings account; (3) A line of credit or other transaction exempt from Regulation Z (12 CFR part 1026) pursuant to 12 CFR 1026.3(d); or (4) A covered separate credit feature accessible by a hybrid prepaid-credit card as defined in Regulation Z, 12 CFR 1026.61; or credit extended through a negative balance on the asset feature of the prepaid account that meets the conditions of 12 CFR 1026.61(a)(4). (b) Opt-in requirement—(1) General. Except as provided under paragraph (c) of this section, a financial institution holding a consumer's account shall not assess a fee or charge on a consumer's account for paying an ATM or one-time debit card transaction pursuant to the institution's overdraft service, unless the institution: (i) Provides the consumer with a notice in writing, or if the consumer agrees, electronically, segregated from all other information, describing the institution's overdraft service; (ii) Provides a reasonable opportunity for the consumer to affirmatively consent, or opt in, to the service for ATM and one-time debit card transactions; (iii) Obtains the consumer's affirmative consent, or opt-in, to the institution's payment of ATM or one-time debit card transactions; and (iv) Provides the consumer with confirmation of the consumer's consent in writing, or if the consumer agrees, electronically, which includes a statement informing the consumer of the right to revoke such consent. (2) Conditioning payment of other overdrafts on consumer's affirmative consent. A financial institution shall not: (i) Condition the payment of any overdrafts for checks, ACH transactions, and other types of transactions on the consumer affirmatively consenting to the institution's payment of ATM and one-time debit card transactions pursuant to the institution's overdraft service; or (ii) Decline to pay checks, ACH transactions, and other types of transactions that overdraw the consumer's account because the consumer has not affirmatively consented to the institution's overdraft service for ATM and one-time debit card transactions. (3) Same account terms, conditions, and features. A financial institution shall provide to consumers who do not affirmatively consent to the institution's overdraft service for ATM and one-time debit card transactions the same account terms, conditions, and features that it provides to consumers who affirmatively consent, except for the overdraft service for ATM and one-time debit card transactions. (c) Timing—(1) Existing account holders. For accounts opened prior to July 1, 2010, the financial institution must not assess any fees or charges on a consumer's account on or after August 15, 2010, for paying an ATM or one-time debit card transaction pursuant to the overdraft service, unless the institution has complied with §1005.17(b)(1) and obtained the consumer's affirmative consent. (2) New account holders. For accounts opened on or after July 1, 2010, the financial institution must comply with §1005.17(b)(1) and obtain the consumer's affirmative consent before the institution assesses any fee or charge on the consumer's account for paying an ATM or one-time debit card transaction pursuant to the institution's overdraft service. (d) Content and format. The notice required by paragraph (b)(1)(i) of this section shall be substantially similar to Model Form A-9 set forth in appendix A of this part, include all applicable items in this paragraph, and may not contain any information not specified in or otherwise permitted by this paragraph. (1) Overdraft service. A brief description of the financial institution's overdraft service and the types of transactions for which a fee or charge for paying an overdraft may be imposed, including ATM and one-time debit card transactions. (2) Fees imposed. The dollar amount of any fees or charges assessed by the financial institution for paying an ATM or one-time debit card transaction pursuant to the institution's overdraft service, including any daily or other overdraft fees. If the amount of the fee is determined on the basis of the number of times the consumer has overdrawn the account, the amount of the overdraft, or other factors, the institution must disclose the maximum fee that may be imposed. (3) Limits on fees charged. The maximum number of overdraft fees or charges that may be assessed per day, or, if applicable, that there is no limit. (4) Disclosure of opt-in right. An explanation of the consumer's right to affirmatively consent to the financial institution's payment of overdrafts for ATM and one-time debit card transactions pursuant to the institution's overdraft service, including the methods by which the consumer may consent to the service; and (5) Alternative plans for covering overdrafts. If the institution offers a line of credit subject to Regulation Z (12 CFR part 1026) or a service that transfers funds from another account of the consumer held at the institution to cover overdrafts, the institution must state that fact. An institution may, but is not required to, list additional alternatives for the payment of overdrafts. (6) Permitted modifications and additional content. If applicable, the institution may modify the content required by §1005.17(d) to indicate that the consumer has the right to opt into, or opt out of, the payment of overdrafts under the institution's overdraft service for other types of transactions, such as checks, ACH transactions, or automatic bill payments; to provide a means for the consumer to exercise this choice; and to disclose the associated returned item fee and that additional merchant fees may apply. The institution may also disclose the consumer's right to revoke consent. For notices provided to consumers who have opened accounts prior to July 1, 2010, the financial institution may describe the institution's overdraft service with respect to ATM and one-time debit card transactions with a statement such as “After August 15, 2010, we will not authorize and pay overdrafts for the following types of transactions unless you ask us to (see below).” (e) Joint relationships. If two or more consumers jointly hold an account, the financial institution shall treat the affirmative consent of any of the joint consumers as affirmative consent for that account. Similarly, the financial institution shall treat a revocation of affirmative consent by any of the joint consumers as revocation of consent for that account. (f) Continuing right to opt in or to revoke the opt-in. A consumer may affirmatively consent to the financial institution's overdraft service at any time in the manner described in the notice required by paragraph (b)(1)(i) of this section. A consumer may also revoke consent at any time in the manner made available to the consumer for providing consent. A financial institution must implement a consumer's revocation of consent as soon as reasonably practicable. (g) Duration and revocation of opt-in. A consumer's affirmative consent to the institution's overdraft service is effective until revoked by the consumer, or unless the financial institution terminates the service. (a) Coverage. A financial institution shall comply with all applicable requirements of the Act and this part with respect to prepaid accounts except as modified by this section. For rules governing government benefit accounts, see §1005.15. (b) Pre-acquisition disclosure requirements—(1) Timing of disclosures—(i) General. Except as provided in paragraph (b)(1)(ii) or (iii) of this section, a financial institution shall provide the disclosures required by paragraph (b) of this section before a consumer acquires a prepaid account. When a prepaid account is used for disbursing funds to a consumer, and the financial institution or third party making the disbursement does not offer any alternative means for the consumer to receive those funds in lieu of accepting the prepaid account, for purposes of this paragraph, the disclosures required by paragraph (b) of this section may be provided at the time the consumer receives the prepaid account. (ii) Disclosures for prepaid accounts acquired in retail locations. A financial institution is not required to provide the long form disclosure required by paragraph (b)(4) of this section before a consumer acquires a prepaid account in person at a retail location if the following conditions are met: (A) The prepaid account access device is contained inside the packaging material. (B) The disclosure required by paragraph (b)(2) of this section is provided on or are visible through an outward-facing, external surface of a prepaid account access device's packaging material. (C) The disclosure required by paragraph (b)(2) of this section includes the information set forth in paragraph (b)(2)(xiii) of this section that allows a consumer to access the information required to be disclosed by paragraph (b)(4) of this section by telephone and via a website. (D) The long form disclosure required by paragraph (b)(4) of this section is provided after the consumer acquires the prepaid account. If a financial institution does not provide the long form disclosure inside the prepaid account packaging material, and it is not otherwise already mailing or delivering to the consumer written account-related communications within 30 days of obtaining the consumer's contact information, it may provide the long form disclosure pursuant to this paragraph in electronic form without regard to the consumer notice and consent requirements of section 101(c) of the Electronic Signatures in Global and National Commerce Act (E-Sign Act) (15 U.S.C. 7001 et seq.). (iii) Disclosures for prepaid accounts acquired orally by telephone. A financial institution is not required to provide the long form disclosure required by paragraph (b)(4) of this section before a consumer acquires a prepaid account orally by telephone if the following conditions are met: (A) The financial institution communicates to the consumer orally, before the consumer acquires the prepaid account, that the information required to be disclosed by paragraph (b)(4) of this section is available both by telephone and on a Web site. (B) The financial institution makes the information required to be disclosed by paragraph (b)(4) of this section available both by telephone and on a Web site. (C) The long form disclosure required by paragraph (b)(4) of this section is provided after the consumer acquires the prepaid account. (2) Short form disclosure content. In accordance with paragraph (b)(1) of this section, a financial institution shall provide a disclosure setting forth the following fees and information for a prepaid account, as applicable: (i) Periodic fee. The periodic fee charged for holding the prepaid account, assessed on a monthly or other periodic basis, using the term “Monthly fee,” “Annual fee,” or a substantially similar term. (ii) Per purchase fee. The fee for making a purchase using the prepaid account, using the term “Per purchase” or a substantially similar term. (iii) ATM withdrawal fees. Two fees for using an automated teller machine to initiate a withdrawal of cash in the United States from the prepaid account, both within and outside of the financial institution's network or a network affiliated with the financial institution, using the term “ATM withdrawal” or a substantially similar term, and “in-network” or “out-of-network,” respectively, or substantially similar terms. (iv) Cash reload fee. The fee for reloading cash into the prepaid account using the term “Cash reload” or a substantially similar term. The fee disclosed must be the total of all charges from the financial institution and any third parties for a cash reload. (v) ATM balance inquiry fees. Two fees for using an automated teller machine to check the balance of the prepaid account in the United States, both within and outside of the financial institution's network or a network affiliated with the financial institution, using the term “ATM balance inquiry” or a substantially similar term, and “in-network” or “out-of-network,” respectively, or substantially similar terms. (vi) Customer service fees. Two fees for calling the financial institution about the prepaid account, both for calling an interactive voice response system and a live customer service agent, using the term “Customer service” or a substantially similar term, and “automated” or “live agent,” or substantially similar terms, respectively, and “per call” or a substantially similar term. When providing a short form disclosure for multiple service plans pursuant to paragraph (b)(6)(iii)(B)(2) of this section, disclose only the fee for calling the live agent customer service about the prepaid account, using the term “Live customer service” or a substantially similar term and “per call” or a substantially similar term. (vii) Inactivity fee. The fee for non-use, dormancy, or inactivity of the prepaid account, using the term “Inactivity” or a substantially similar term, as well as the conditions that trigger the financial institution to impose that fee. (viii) Statements regarding additional fee types—(A) Statement regarding number of additional fee types charged. A statement disclosing the number of additional fee types the financial institution may charge consumers with respect to the prepaid account, using the following clause or a substantially similar clause: “We charge [x] other types of fees.” The number of additional fee types disclosed must reflect the total number of fee types under which the financial institution may charge fees, excluding: (1) Fees required to be disclosed pursuant to paragraphs (b)(2)(i) through (vii) and (b)(5) of this section; and (2) Any finance charges as described in Regulation Z, 12 CFR 1026.4(b)(11), imposed in connection with a covered separate credit feature accessible by a hybrid prepaid-credit card as defined in 12 CFR 1026.61. (B) Statement directing consumers to disclosure of additional fee types. If a financial institution makes a disclosure pursuant to paragraph (b)(2)(ix) of this section, a statement directing consumers to that disclosure, located after but on the same line of text as the statement regarding the number of additional fee types required by paragraph (b)(2)(viii)(A) of this section, using the following clause or a substantially similar clause: “Here are some of them:”. (ix) Disclosure of additional fee types—(A) Determination of which additional fee types to disclose. The two fee types that generate the highest revenue from consumers for the prepaid account program or across prepaid account programs that share the same fee schedule during the time period provided in paragraphs (b)(2)(ix)(D) and (E) of this section, excluding: (1) Fees required to be disclosed pursuant to paragraphs (b)(2)(i) through (vii) and (b)(5) of this section; (2) Any fee types that generated less than 5 percent of the total revenue from consumers for the prepaid account program or across prepaid account programs that share the same fee schedule during the time period provided in paragraphs (b)(2)(ix)(D) and (E) of this section; and (B) Disclosure of fewer than two additional fee types. A financial institution that has only one additional fee type that satisfies the criteria in paragraph (b)(2)(ix)(A) of this section must disclose that one additional fee type; it may, but is not required to, also disclose another additional fee type of its choice. A financial institution that has no additional fee types that satisfy the criteria in paragraph (b)(2)(ix)(A) of this section is not required to make a disclosure under this paragraph (b)(2)(ix); it may, but is not required to, disclose one or two fee types of its choice. (C) Fee variations in additional fee types. If an additional fee type required to be disclosed pursuant to paragraph (b)(2)(ix)(A) of this section has more than two fee variations, or when providing a short form disclosure for multiple service plans pursuant to paragraph (b)(6)(iii)(B)(2) of this section, the financial institution must disclose the name of the additional fee type and the highest fee amount in accordance with paragraph (b)(3)(i) of this section; for disclosures other than for multiple service plans, it may, but is not required to, consolidate the fee variations into two categories and disclose the names of those two fee variation categories and the fee amounts in a format substantially similar to that used to disclose the two-tier fees required by paragraphs (b)(2)(v) and (vi) of this section and in accordance with paragraphs (b)(3)(i) and (b)(7)(ii)(B)(1) of this section. Except when providing a short form disclosure for multiple service plans pursuant to paragraph (b)(6)(iii)(B)(2) of this section, if an additional fee type has two fee variations, the financial institution must disclose the name of the additional fee type together with the names of the two fee variations and the fee amounts in a format substantially similar to that used to disclose the two-tier fees required by paragraphs (b)(2)(v) and (vi) of this section and in accordance with paragraph (b)(7)(ii)(B)(1) of this section. If a financial institution only charges one fee under a particular fee type, the financial institution must disclose the name of the additional fee type and the fee amount; it may, but is not required to, disclose also the name of the one fee variation for which the fee amount is charged, in a format substantially similar to that used to disclose the two-tier fees required by paragraphs (b)(2)(v) and (vi) of this section, except that the financial institution would disclose only the one fee variation name and fee amount instead of two. (D) Timing of initial assessment of additional fee types disclosure—(1) Existing prepaid account programs as of April 1, 2019. For a prepaid account program in effect as of April 1, 2019, the financial institution must disclose the additional fee types based on revenue for a 24-month period that begins no earlier than October 1, 2014. (2) Existing prepaid account programs as of April 1, 2019 with unavailable data. If a financial institution does not have 24 months of fee revenue data for a particular prepaid account program from which to calculate the additional fee types disclosure in advance of April 1, 2019, the financial institution must disclose the additional fee types based on revenue it reasonably anticipates the prepaid account program will generate over the 24-month period that begins on April 1, 2019. (3) New prepaid account programs created on or after April 1, 2019. For a prepaid account program created on or after October 1, 2017, the financial institution must disclose the additional fee types based on revenue it reasonably anticipates the prepaid account program will generate over the first 24 months of the program. (E) Timing of periodic reassessment and update of additional fee types disclosure—(1) General. A financial institution must reassess its additional fee types disclosure periodically as described in paragraph (b)(2)(ix)(E)(2) of this section and upon a fee schedule change as described in paragraph (b)(2)(ix)(E)(3) of this section. The financial institution must update its additional fee types disclosure if the previous disclosure no longer complies with the requirements of this paragraph (b)(2)(ix). (2) Periodic reassessment. A financial institution must reassess whether its previously disclosed additional fee types continue to comply with the requirements of this paragraph (b)(2)(ix) every 24 months based on revenue for the previous 24-month period. The financial institution must complete this reassessment and update its disclosure, if applicable, within three months of the end of the 24-month period, except as provided in the update printing exception in paragraph (b)(2)(ix)(E)(4) of this section. A financial institution may, but is not required to, carry out this reassessment and update, if applicable, more frequently than every 24 months, at which time a new 24-month period commences. (3) Fee schedule change. If a financial institution revises the fee schedule for a prepaid account program, it must determine whether it reasonably anticipates that the previously disclosed additional fee types will continue to comply with the requirements of this paragraph (b)(2)(ix) for the 24 months following implementation of the fee schedule change. If the financial institution reasonably anticipates that the previously disclosed additional fee types will not comply with the requirements of this paragraph (b)(2)(ix), it must update the disclosure based on its reasonable anticipation of what those additional fee types will be at the time the fee schedule change goes into effect, except as provided in the update printing exception in paragraph (b)(2)(ix)(E)(4) of this section. If an immediate change in terms and conditions is necessary to maintain or restore the security of an account or an electronic fund transfer system as described in §1005.8(a)(2) and that change affects the prepaid account program's fee schedule, the financial institution must complete its reassessment and update its disclosure, if applicable, within three months of the date it makes the change permanent, except as provided in the update printing exception in paragraph (b)(2)(ix)(E)(4) of this section. (4) Update printing exception. Notwithstanding the requirements to update an additional fee types disclosure in paragraph (b)(2)(ix)(E) of this section, a financial institution is not required to update the listing of additional fee types that are provided on, in, or with prepaid account packaging materials that were manufactured, printed, or otherwise produced prior to a periodic reassessment and update pursuant to paragraph (b)(2)(ix)(E)(2) of this section or prior to a fee schedule change pursuant to paragraph (b)(2)(ix)(E)(3) of this section. (x) Statement regarding overdraft credit features. If a covered separate credit feature accessible by a hybrid prepaid-credit card as defined in Regulation Z, 12 CFR 1026.61, may be offered at any point to a consumer in connection with the prepaid account, a statement that overdraft/credit may be offered, the time period after which it may be offered, and that fees would apply, using the following clause or a substantially similar clause: “You may be offered overdraft/credit after [x] days. Fees would apply.” If no such credit feature will be offered at any point to a consumer in connection with the prepaid account, a statement that no overdraft credit feature is offered, using the following clause or a substantially similar clause: “No overdraft/credit feature.” (xi) Statement regarding registration and FDIC or NCUA insurance. A statement regarding the prepaid account program's eligibility for FDIC deposit insurance or NCUA share insurance, as appropriate, and directing the consumer to register the prepaid account for insurance and other account protections, where applicable, as follows: (A) Account is insurance eligible and does not have pre-acquisition consumer identification/verification. If a prepaid account program is set up to be eligible for FDIC deposit or NCUA share insurance, and consumer identification and verification does not occur before the account is opened, using the following clause or a substantially similar clause: “Register your card for [FDIC insurance eligibility] [NCUA insurance, if eligible,] and other protections.” (B) Account is not insurance eligible and does not have pre-acquisition consumer identification/verification. If a prepaid account program is not set up to be eligible for FDIC deposit or NCUA share insurance, and consumer identification and verification does not occur before the account is opened, using the following clause or a substantially similar clause: “Not [FDIC] [NCUA] insured. Register your card for other protections.” (C) Account is insurance eligible and has pre-acquisition consumer identification/verification. If a prepaid account program is set up to be eligible for FDIC deposit or NCUA share insurance, and consumer identification and verification occurs for all prepaid accounts within the prepaid program before the account is opened, using the following clause or a substantially similar clause: “Your funds are [eligible for FDIC insurance] [NCUA insured, if eligible].” (D) Account is not insurance eligible and has pre-acquisition consumer identification/verification. If a prepaid account program is not set up to be eligible for FDIC deposit or NCUA share insurance, and consumer identification and verification occurs for all prepaid accounts within the prepaid account program before the account is opened, using the following clause or a substantially similar clause: “Your funds are not [FDIC] [NCUA] insured.” (E) No consumer identification/verification. If a prepaid account program is set up such that there is no consumer identification and verification process for any prepaid accounts within the prepaid account program, using the following clause or a substantially similar clause: “Treat this card like cash. Not [FDIC] [NCUA] insured.” (xii) Statement regarding CFPB Web site. A statement directing the consumer to a Web site URL of the Consumer Financial Protection Bureau (cfpb.gov/prepaid) for general information about prepaid accounts, using the following clause or a substantially similar clause: “For general information about prepaid accounts, visit cfpb.gov/prepaid.” (xiii) Statement regarding information on all fees and services. A statement directing the consumer to the location of the long form disclosure required by paragraph (b)(4) of this section to find details and conditions for all fees and services. For a financial institution offering prepaid accounts at a retail location pursuant to the retail location exception in paragraph (b)(1)(ii) of this section, this statement must also include a telephone number and a Web site URL that a consumer may use to directly access, respectively, an oral and an electronic version of the long form disclosure required under paragraph (b)(4) of this section. The disclosure required by this paragraph must be made using the following clause or a substantially similar clause: “Find details and conditions for all fees and services in [location]” or, for prepaid accounts offered at retail locations pursuant to paragraph (b)(1)(ii) of this section, made using the following clause or a substantially similar clause: “Find details and conditions for all fees and services inside the package, or call [telephone number] or visit [Web site].” The Web site URL may not exceed 22 characters and must be meaningfully named. A financial institution may, but is not required to, disclose an SMS code at the end of the statement disclosing the telephone number and Web site URL, if the SMS code can be accommodated on the same line of text as the statement required by this paragraph. (xiv) Additional content for payroll card accounts—(A) Statement regarding wage or salary payment options. For payroll card accounts, a statement that the consumer does not have to accept the payroll card account and directing the consumer to ask about other ways to receive wages or salary from the employer instead of receiving them via the payroll card account using the following clause or a substantially similar clause: “You do not have to accept this payroll card. Ask your employer about other ways to receive your wages.” Alternatively, a financial institution may provide a statement that the consumer has several options to receive wages or salary, followed by a list of the options available to the consumer, and directing the consumer to tell the employer which option the consumer chooses using the following clause or a substantially similar clause: “You have several options to receive your wages: [list of options available to the consumer]; or this payroll card. Tell your employer which option you choose.” This statement must be located above the information required by paragraphs (b)(2)(i) through (iv). (B) Statement regarding state-required information or other fee discounts and waivers. For payroll card accounts, a financial institution may, but is not required to, include a statement in one additional line of text directing the consumer to a particular location outside the short form disclosure for information on ways the consumer may access payroll card account funds and balance information for free or for a reduced fee. This statement must be located directly below any statements disclosed pursuant to paragraphs (b)(3)(i) and (ii) of this section, or, if no such statements are disclosed, above the statement required by paragraph (b)(2)(x) of this section. (3) Short form disclosure of variable fees and third-party fees and prohibition on disclosure of finance charges—(i) General disclosure of variable fees. If the amount of any fee that is required to be disclosed in the short form disclosure pursuant to paragraphs (b)(2)(i) through (vii) and (ix) of this section could vary, a financial institution shall disclose the highest amount it may impose for that fee, followed by a symbol, such as an asterisk, linked to a statement explaining that the fee could be lower depending on how and where the prepaid account is used, using the following clause or a substantially similar clause: “This fee can be lower depending on how and where this card is used.” Except as provided in paragraph (b)(3)(ii) of this section, a financial institution must use the same symbol and statement for all fees that could vary. The linked statement must be located above the statement required by paragraph (b)(2)(x) of this section. (ii) Disclosure of variable periodic fee. If the amount of the periodic fee disclosed in the short form disclosure pursuant to paragraph (b)(2)(i) of this section could vary, as an alternative to the disclosure required by paragraph (b)(3)(i) of this section, the financial institution may disclose the highest amount it may impose for the periodic fee, followed by a symbol, such as a dagger, that is different from the symbol the financial institution uses pursuant to paragraph (b)(3)(i) of this section, to indicate that a waiver of the fee or a lower fee might apply, linked to a statement in one additional line of text disclosing the waiver or reduced fee amount and explaining the circumstances under which the fee waiver or reduction may occur. The linked statement must be located directly above or in place of the linked statement required by paragraph (b)(3)(i) of this section, as applicable. (iii) Single disclosure for like fees. As an alternative to the two-tier fee disclosure required by paragraphs (b)(2)(iii), (v), and (vi) of this section and any two-tier fee required by paragraph (b)(2)(ix) of this section, a financial institution may disclose a single fee amount when the amount is the same for both fees. (iv) Third-party fees in general. Except as provided in paragraph (b)(3)(v) of this section, a financial institution may not include any third-party fees in a disclosure made pursuant to paragraph (b)(2) of this section. (v) Third-party cash reload fees. Any third-party fee included in the cash reload fee disclosed in the short form pursuant to paragraph (b)(2)(iv) of this section must be the highest fee known by the financial institution at the time it prints, or otherwise prepares, the short form disclosure required by paragraph (b)(2) of this section. A financial institution is not required to revise its short form disclosure to reflect a cash reload fee change by a third party until such time that the financial institution manufactures, prints, or otherwise produces new prepaid account packaging materials or otherwise updates the short form disclosure. (vi) Prohibition on disclosure of finance charges. A financial institution may not include in a disclosure made pursuant to paragraphs (b)(2)(i) through (ix) of this section any finance charges as described in Regulation Z, 12 CFR 1026.4(b)(11), imposed in connection with a covered separate credit feature accessible by a hybrid prepaid-credit card as defined in 12 CFR 1026.61. (4) Long form disclosure content. In accordance with paragraph (b)(1) of this section, a financial institution shall provide a disclosure setting forth the following fees and information for a prepaid account, as applicable: (i) Title for long form disclosure. A heading stating the name of the prepaid account program and that the long form disclosure contains a list of all fees for that particular prepaid account program. (ii) Fees. All fees that may be imposed in connection with a prepaid account. For each fee, the financial institution must disclose the amount of the fee and the conditions, if any, under which the fee may be imposed, waived, or reduced. A financial institution may not use any symbols, such as an asterisk, to explain conditions under which any fee may be imposed. A financial institution may, but is not required to, include in the long form disclosure any service or feature it provides or offers at no charge to the consumer. The financial institution must also disclose any third-party fee amounts known to the financial institution that may apply. For any such third-party fee disclosed, the financial institution may, but is not required to, include either or both a statement that the fee is accurate as of or through a specific date or that the third-party fee is subject to change. If a third-party fee may apply but the amount of that fee is not known by the financial institution, it must include a statement indicating that the third-party fee may apply without specifying the fee amount. A financial institution is not required to revise the long form disclosure required by paragraph (b)(4) of this section to reflect a fee change by a third party until such time that the financial institution manufactures, prints, or otherwise produces new prepaid account packaging materials or otherwise updates the long form disclosure. (iii) Statement regarding registration and FDIC or NCUA insurance. The statement required by paragraph (b)(2)(xi) of this section, together with an explanation of FDIC or NCUA insurance coverage and the benefit of such coverage or the consequence of the lack of such coverage, as applicable. (iv) Statement regarding overdraft credit features. The statement required by paragraph (b)(2)(x) of this section. (v) Statement regarding financial institution contact information. A statement directing the consumer to a telephone number, mailing address, and Web site URL of the person or office that a consumer may contact to learn about the terms and conditions of the prepaid account, to obtain prepaid account balance information, to request a copy of transaction history pursuant to paragraph (c)(1)(iii) of this section if the financial institution does not provide periodic statements pursuant to §1005.9(b), or to notify the financial institution when the consumer believes that an unauthorized electronic fund transfer occurred as required by §1005.7(b)(2) and paragraph (d)(1)(ii) of this section. (vi) Statement regarding CFPB Web site and telephone number. A statement directing the consumer to a Web site URL of the Consumer Financial Protection Bureau (cfpb.gov/prepaid) for general information about prepaid accounts, and a statement directing the consumer to a Consumer Financial Protection Bureau telephone number (1-855-411-2372) and Web site URL (cfpb.gov/complaint) to submit a complaint about a prepaid account, using the following clause or a substantially similar clause: “For general information about prepaid accounts, visit cfpb.gov/prepaid. If you have a complaint about a prepaid account, call the Consumer Financial Protection Bureau at 1-855-411-2372 or visit cfpb.gov/complaint.” (vii) Regulation Z disclosures for overdraft credit features. The disclosures described in Regulation Z, 12 CFR 1026.60(e)(1), in accordance with the requirements for such disclosures in 12 CFR 1026.60, if, at any point, a covered separate credit feature accessible by a hybrid prepaid-credit card as defined in 12 CFR 1026.61, may be offered in connection with the prepaid account. A financial institution may, but is not required to, include above the Regulation Z disclosures required by this paragraph a heading and other explanatory information introducing the overdraft credit feature. A financial institution is not required to revise the disclosure required by this paragraph to reflect a change in the fees or other terms disclosed therein until such time as the financial institution manufactures, prints, or otherwise produces new prepaid account packaging materials or otherwise updates the long form disclosure. (5) Disclosure requirements outside the short form disclosure. At the time a financial institution provides the short form disclosure, it must also disclose the following information: the name of the financial institution; the name of the prepaid account program; the purchase price for the prepaid account, if any; and the fee for activating the prepaid account, if any. In a setting other than in a retail location, this information must be disclosed in close proximity to the short form. In a retail location, this information, other than the purchase price, must be disclosed on the exterior of the access device's packaging material. In a retail location, the purchase price must be disclosed either on the exterior of or in close proximity to the prepaid account access device's packaging material. (6) Form of pre-acquisition disclosures—(i) General—(A) Written disclosures. Except as provided in paragraphs (b)(6)(i)(B) and (C) of this section, disclosures required by paragraph (b) of this section must be in writing. (B) Electronic disclosures. Unless provided in written form prior to acquisition pursuant to paragraph (b)(1)(i) of this section, the disclosures required by paragraph (b) of this section must be provided in electronic form when a consumer acquires a prepaid account through electronic means, including via a website or mobile application, and must be viewable across all screen sizes. The long form disclosure must be provided electronically through a website when a financial institution is offering prepaid accounts at a retail location pursuant to the retail location exception in paragraph (b)(1)(ii) of this section. Electronic disclosures must be provided in a manner which is reasonably expected to be accessible in light of how a consumer is acquiring the prepaid account, in a responsive form, and using machine-readable text that is accessible via Web browsers or mobile applications, as applicable, and via screen readers. Electronic disclosures provided pursuant to paragraph (b) of this section need not meet the consumer consent and other applicable provisions of the Electronic Signatures in Global and National Commerce Act (E-Sign Act) (15 U.S.C. 7001 et seq.). (C) Oral disclosures. Unless provided in written form prior to acquisition pursuant to paragraph (b)(1)(i) of this section, disclosures required by paragraphs (b)(2) and (5) of this section must be provided orally when a consumer acquires a prepaid account orally by telephone pursuant to the exception in paragraph (b)(1)(iii) of this section. For prepaid accounts acquired in retail locations or orally by telephone, the disclosure required by paragraph (b)(4) of this section provided by telephone pursuant to paragraph (b)(1)(ii)(C) or (b)(1)(iii)(B) of this section also must be made orally. (ii) Retainable form. Pursuant to §1005.4(a)(1), disclosures required by paragraph (b) of this section must be made in a form that a consumer may keep, except for disclosures provided orally pursuant to paragraphs (b)(1)(ii) or (iii) of this section, long form disclosure provided via SMS as permitted by paragraph (b)(2)(xiii) of this section for a prepaid account sold at retail locations pursuant to the retail location exception in paragraph (b)(1)(ii) of this section, and the disclosure of a purchase price pursuant to paragraph (b)(5) of this section that is not disclosed on the exterior of the packaging material for a prepaid account sold at a retail location pursuant to the retail location exception in paragraph (b)(1)(ii) of this section. (iii) Tabular format—(A) General. When a short form disclosure is provided in writing or electronically, the information required by paragraphs (b)(2)(i) through (ix) of this section shall be provided in the form of a table. Except as provided in paragraph (b)(6)(iii)(B) of this section, the short form disclosure required by paragraph (b)(2) of this section shall be provided in a form substantially similar to Model Forms A-10(a) through (d) in appendix A of this part, as applicable. When a long form disclosure is provided in writing or electronically, the information required by paragraph (b)(4)(ii) of this section shall be provided in the form of a table. Sample Form A-10(f) in appendix A of this part provides an example of the long form disclosure required by paragraph (b)(4) of this section when the financial institution does not offer multiple service plans. (B) Multiple service plans—(1) Short form disclosure for default service plan. When a financial institution offers multiple service plans within a particular prepaid account program and each plan has a different fee schedule, the information required by paragraphs (b)(2)(i) through (ix) of this section may be provided in the tabular format described in paragraph (b)(6)(iii)(A) of this section for the service plan in which a consumer is initially enrolled by default upon acquiring the prepaid account. (2) Short form disclosure for multiple service plans. As an alternative to disclosing the default service plan pursuant to paragraph (b)(6)(iii)(B)(1) of this section, when a financial institution offers multiple service plans within a particular prepaid account program and each plan has a different fee schedule, fee disclosures required by paragraphs (b)(2)(i) through (vii) and (ix) of this section may be provided in the form of a table with separate columns for each service plan, in a form substantially similar to Model Form A-10(e) in appendix A of this part. Column headings must describe each service plan included in the table, using the terms “Pay-as-you-go plan,” “Monthly plan,” “Annual plan,” or substantially similar terms; or, for multiple service plans offering preferred rates or fees for the prepaid accounts of consumers who also use another non-prepaid service, column headings must describe each service plan included in the table for the preferred and non-preferred service plans, as applicable. (3) Long form disclosure. The information in the long form disclosure required by paragraph (b)(4)(ii) of this section must be presented in the form of a table for all service plans. (7) Specific formatting requirements for pre-acquisition disclosures—(i) Grouping—(A) Short form disclosure. The information required in the short form disclosure by paragraphs (b)(2)(i) through (iv) of this section must be grouped together and provided in that order. The information required by paragraphs (b)(2)(v) through (ix) of this section must be generally grouped together and provided in that order. The information required by paragraphs (b)(3)(i) and (ii) of this section, as applicable, must be generally grouped together and in the location described by paragraphs (b)(3)(i) and (ii) of this section. The information required by paragraphs (b)(2)(x) through (xiii) of this section must be generally grouped together and provided in that order. The statement regarding wage or salary payment options for payroll card accounts required by paragraph (b)(2)(xiv)(A) of this section must be located above the information required by paragraphs (b)(2)(i) through (iv) of this section, as described in paragraph (b)(2)(xiv)(A) of this section. The statement regarding state-required information or other fee discounts or waivers permitted by paragraph (b)(2)(xiv)(B) of this section, when applicable, must appear in the location described by paragraph (b)(2)(xiv)(B) of this section. (B) Long form disclosure. The information required by paragraph (b)(4)(i) of this section must be located in the first line of the long form disclosure. The information required by paragraph (b)(4)(ii) of this section must be generally grouped together and organized under subheadings by the categories of function for which a financial institution may impose the fee. Text describing the conditions under which a fee may be imposed must appear in the table required by paragraph (b)(6)(iii)(A) of this section in close proximity to the fee amount. The statements in the long form disclosure required by paragraphs (b)(4)(iii) through (vi) of this section must be generally grouped together, provided in that order, and appear below the information required by paragraph (b)(4)(ii) of this section. If, pursuant to paragraph (b)(4)(vii) of this section, the financial institution includes the disclosures described in Regulation Z, 12 CFR 1026.60(e)(1), such disclosures must appear below the statements required by paragraph (b)(4)(vi) of this section. (C) Multiple service plan disclosure. When providing a short form disclosure for multiple service plans pursuant to paragraph (b)(6)(iii)(B)(2) of this section, in lieu of the requirements in paragraph (b)(7)(i)(A) of this section for grouping of the disclosures required by paragraphs (b)(2)(i) through (iv) and (v) through (ix) of this section, the information required by paragraphs (b)(2)(i) through (ix) of this section must be grouped together and provided in that order. (ii) Prominence and size—(A) General. All text used to disclose information in the short form or in the long form disclosure pursuant to paragraphs (b)(2), (b)(3)(i) and (ii), and (b)(4) of this section must be in a single, easy-to-read type that is all black or one color and printed on a background that provides a clear contrast. (B) Short form disclosure—(1) Fees and other information. The information required in the short form disclosure by paragraphs (b)(2)(i) through (iv) of this section must appear as follows: Fee amounts in bold-faced type; single fee amounts in a minimum type size of 15 points (or 21 pixels); two-tier fee amounts for ATM withdrawal in a minimum type size of 11 points (or 16 pixels) and in no larger a type size than what is used for the single fee amounts; and fee headings in a minimum type size of eight points (or 11 pixels) and in no larger a type size than what is used for the single fee amounts. The information required by paragraphs (b)(2)(v) through (ix) of this section must appear in a minimum type size of eight points (or 11 pixels) and appear in the same or a smaller type size than what is used for the fee headings required by paragraphs (b)(2)(i) through (iv) of this section. The information required by paragraphs (b)(2)(x) through (xiii) of this section must appear in a minimum type size of seven points (or nine pixels) and appear in no larger a type size than what is used for the information required to be disclosed by paragraphs (b)(2)(v) through (ix) of this section. Additionally, the statements disclosed pursuant to paragraphs (b)(2)(viii)(A) and (b)(2)(x) of this section and the telephone number and URL disclosed pursuant to paragraph (b)(2)(xiii) of this section, where applicable, must appear in bold-faced type. The following information must appear in a minimum type size of six points (or eight pixels) and appear in no larger a type size that what is used for the information required by paragraphs (b)(2)(x) through (xiii) of this section: text used to distinguish each of the two-tier fees pursuant to paragraphs (b)(2)(iii), (v), (vi), and (ix) of this section; text used to explain that the fee required by paragraph (b)(2)(vi) of this section applies “per call,” where applicable; and text used to explain the conditions that trigger an inactivity fee and that the fee applies monthly or for the applicable time period, pursuant to paragraph (b)(2)(vii) of this section. (2) Variable fees. The symbols and corresponding statements regarding variable fees disclosed in the short form pursuant to paragraphs (b)(3)(i) and (ii) of this section, when applicable, must appear in a minimum type size of seven points (or nine pixels) and appear in no larger a type size than what is used for the information required by paragraphs (b)(2)(x) through (xiii) of this section. A symbol required next to the fee amount pursuant to paragraphs (b)(3)(i) and (ii) of this section must appear in the same type size or pixel size as what is used for the corresponding fee amount. (3) Payroll card account additional content. The statement regarding wage or salary payment options for payroll card accounts required by paragraph (b)(2)(xiv)(A) of this section, when applicable, must appear in a minimum type size of eight points (or 11 pixels) and appear in no larger a type size than what is used for the fee headings required by paragraphs (b)(2)(i) through (iv) of this section. The statement regarding state-required information and other fee discounts or waivers permitted by paragraph (b)(2)(xiv)(B) of this section must appear in the same type size used to disclose variable fee information pursuant to paragraph (b)(3)(i) and (ii) of this section, or, if none, the same type size used for the information required by paragraphs (b)(2)(x) through (xiii) of this section. (C) Long form disclosure. The long form disclosure required by paragraph (b)(4) of this section must appear in a minimum type size of eight points (or 11 pixels). (D) Multiple service plan short form disclosure. When providing a short form disclosure for multiple service plans pursuant to paragraph (b)(6)(iii)(B)(2) of this section, the fee headings required by paragraphs (b)(2)(i) through (iv) of this section must appear in bold-faced type. The information required by paragraphs (b)(2)(i) through (xiii) of this section must appear in a minimum type size of seven points (or nine pixels), except the following must appear in a minimum type size of six points (or eight pixels) and appear in no larger a type size than what is used for the information required by paragraphs (b)(2)(i) through (xiii) of this section: Text used to distinguish each of the two-tier fees required by paragraphs (b)(2)(iii) and (v) of this section; text used to explain that the fee required by paragraph (b)(2)(vi) of this section applies “per call,” where applicable; text used to explain the conditions that trigger an inactivity fee pursuant to paragraph (b)(2)(vii) of this section; and text used to distinguish that fees required by paragraphs (b)(2)(i) and (vii) of this section apply monthly or for the applicable time period. (iii) Segregation. Short form and long form disclosures required by paragraphs (b)(2) and (4) of this section must be segregated from other information and must contain only information that is required or permitted for those disclosures by paragraph (b) of this section. (8) Terminology of pre-acquisition disclosures. Fee names and other terms must be used consistently within and across the disclosures required by paragraph (b) of this section. (9) Prepaid accounts acquired in foreign languages—(i) General. A financial institution must provide the pre-acquisition disclosures required by paragraph (b) of this section in a foreign language, if the financial institution uses that same foreign language in connection with the acquisition of a prepaid account in the following circumstances: (A) The financial institution principally uses a foreign language on the prepaid account packaging material; (B) The financial institution principally uses a foreign language to advertise, solicit, or market a prepaid account and provides a means in the advertisement, solicitation, or marketing material that the consumer uses to acquire the prepaid account by telephone or electronically; or (C) The financial institution provides a means for the consumer to acquire a prepaid account by telephone or electronically principally in a foreign language. However, foreign language pre-acquisition disclosures are not required for payroll card accounts and government benefit accounts where the foreign language is offered by telephone via a real-time language interpretation service provided by a third party or by the employer or government agency on an informal or ad hoc basis as an accommodation to prospective payroll card account or government benefit account holders. (ii) Long form disclosures in English upon request. A financial institution required to provide pre-acquisition disclosures in a foreign language pursuant to paragraph (b)(9)(i) of this section must also provide the information required to be disclosed in its pre-acquisition long form disclosure pursuant to paragraph (b)(4) of this section in English upon a consumer's request and on any part of the Web site where it discloses this information in a foreign language. (c) Access to prepaid account information—(1) Periodic statement alternative. A financial institution need not furnish periodic statements required by §1005.9(b) if the financial institution makes available to the consumer: (i) The consumer's account balance, through a readily available telephone line; (iii) A written history of the consumer's account transactions that is provided promptly in response to an oral or written request and that covers at least 24 months preceding the date the financial institution receives the consumer's request. (2) Periodic statement alternative for unverified prepaid accounts. For prepaid accounts that are not payroll card accounts or government benefit accounts, a financial institution is not required to provide a written history of the consumer's account transactions pursuant to paragraph (c)(1)(iii) of this section for any prepaid account for which the financial institution has not completed its consumer identification and verification process as described in paragraph (e)(3)(i)(A) through (C) of this section. (3) Information included on electronic or written histories. The history of account transactions provided under paragraphs (c)(1)(ii) and (iii) of this section must include the information set forth in §1005.9(b). (4) Inclusion of all fees charged. A financial institution must disclose the amount of any fees assessed against the account, whether for electronic fund transfers or otherwise, on any periodic statement provided pursuant to §1005.9(b) and on any history of account transactions provided or made available by the financial institution. (5) Summary totals of fees. A financial institution must display a summary total of the amount of all fees assessed by the financial institution against the consumer's prepaid account for the prior calendar month and for the calendar year to date on any periodic statement provided pursuant to §1005.9(b) and on any history of account transactions provided or made available by the financial institution. (d) Modified disclosure requirements. A financial institution that provides information under paragraph (c)(1) of this section shall comply with the following: (1) Initial disclosures. The financial institution shall modify the disclosures under §1005.7(b) by disclosing: (i) Access to account information. A telephone number that the consumer may call to obtain the account balance, the means by which the consumer can obtain an electronic account transaction history, such as the address of a Web site, and a summary of the consumer's right to receive a written account transaction history upon request (in place of the summary of the right to receive a periodic statement required by §1005.7(b)(6)), including a telephone number to call to request a history. The disclosure required by this paragraph may be made by providing a notice substantially similar to the notice contained in paragraph (a) of appendix A-7 of this part. (ii) Error resolution. A notice concerning error resolution that is substantially similar to the notice contained in paragraph (b) of appendix A-7 of this part, in place of the notice required by §1005.7(b)(10). Alternatively, for prepaid account programs for which the financial institution does not have a consumer identification and verification process, the financial institution must describe its error resolution process and limitations on consumers' liability for unauthorized transfers or, if none, state that there are no such protections. (2) Annual error resolution notice. The financial institution shall provide an annual notice concerning error resolution that is substantially similar to the notice contained in paragraph (b) of appendix A-7 of this part, in place of the notice required by §1005.8(b). Alternatively, a financial institution may include on or with each electronic and written account transaction history provided in accordance with paragraph (c)(1) of this section, a notice substantially similar to the abbreviated notice for periodic statements contained in paragraph (b) of appendix A-3 of this part, modified as necessary to reflect the error resolution provisions set forth in paragraph (e) of this section. (e) Modified limitations on liability and error resolution requirements—(1) Modified limitations on liability requirements. A financial institution that provides information under paragraph (c)(1) of this section shall comply with the following: (i) For purposes of §1005.6(b)(3), the 60-day period for reporting any unauthorized transfer shall begin on the earlier of: (A) The date the consumer electronically accesses the consumer's account under paragraph (c)(1)(ii) of this section, provided that the electronic account transaction history made available to the consumer reflects the unauthorized transfer; or (B) The date the financial institution sends a written history of the consumer's account transactions requested by the consumer under paragraph (c)(1)(iii) of this section in which the unauthorized transfer is first reflected. (ii) A financial institution may comply with paragraph (e)(1)(i) of this section by limiting the consumer's liability for an unauthorized transfer as provided under §1005.6(b)(3) for any transfer reported by the consumer within 120 days after the transfer was credited or debited to the consumer's account. (2) Modified error resolution requirements. A financial institution that provides information under paragraph (c)(1) of this section shall comply with the following: (i) The financial institution shall comply with the requirements of §1005.11 in response to an oral or written notice of an error from the consumer that is received by the earlier of: (A) Sixty days after the date the consumer electronically accesses the consumer's account under paragraph (c)(1)(ii) of this section, provided that the electronic account transaction history made available to the consumer reflects the alleged error; or (B) Sixty days after the date the financial institution sends a written history of the consumer's account transactions requested by the consumer under paragraph (c)(1)(iii) of this section in which the alleged error is first reflected. (ii) In lieu of following the procedures in paragraph (e)(2)(i) of this section, a financial institution complies with the requirements for resolving errors in §1005.11 if it investigates any oral or written notice of an error from the consumer that is received by the institution within 120 days after the transfer allegedly in error was credited or debited to the consumer's account. (3) Limitations on liability and error resolution for unverified accounts. (i) For prepaid accounts that are not payroll card accounts or government benefit accounts, a financial institution is not required to comply with the liability limits and error resolution requirements in §§1005.6 and 1005.11 for any prepaid account for which it has not successfully completed its consumer identification and verification process. (ii) For purposes of paragraph (e)(3)(i) of this section, a financial institution has not successfully completed its consumer identification and verification process where: (A) The financial institution has not concluded its consumer identification and verification process with respect to a particular prepaid account, provided that it has disclosed to the consumer the risks of not registering and verifying the account using a notice that is substantially similar to the model notice contained in paragraph (c) of appendix A-7 of this part. (B) The financial institution has concluded its consumer identification and verification process with respect to a particular prepaid account, but could not verify the identity of the consumer, provided that it has disclosed to the consumer the risks of not registering and verifying the account using a notice that is substantially similar to the model notice contained in paragraph (c) of appendix A-7 of this part; or (C) The financial institution does not have a consumer identification and verification process for the prepaid account program, provided that it has made the alternative disclosure described in paragraph (d)(1)(ii) of this section and complies with the process it has disclosed. (iii) Resolution of errors following successful verification. Once a financial institution successfully completes its consumer identification and verification process with respect to a prepaid account, the financial institution must limit the consumer's liability for unauthorized transfers and resolve errors that occur following verification in accordance with §1005.6 or §1005.11, or the modified timing requirements in this paragraph (e), as applicable. (f) Disclosure of fees and other information—(1) Initial disclosure of fees and other information. A financial institution must include, as part of the initial disclosures given pursuant to §1005.7, all of the information required to be disclosed in its pre-acquisition long form disclosure pursuant to paragraph (b)(4) of this section. (2) Change-in-terms notice. The change-in-terms notice provisions in §1005.8(a) apply to any change in a term or condition that is required to be disclosed under §1005.7 or paragraph (f)(1) of this section. If a financial institution discloses the amount of a third-party fee in its pre-acquisition long form disclosure pursuant to paragraph (b)(4)(ii) of this section and initial disclosures pursuant to paragraph (f)(1) of this section, the financial institution is not required to provide a change-in-terms notice solely to reflect a change in that fee amount imposed by the third party. If a financial institution provides pursuant to paragraph (f)(1) of this section the Regulation Z disclosures required by paragraph (b)(4)(vii) of this section for an overdraft credit feature, the financial institution is not required to provide a change-in-terms notice solely to reflect a change in the fees or other terms disclosed therein. (3) Disclosures on prepaid account access devices. The name of the financial institution and the Web site URL and a telephone number a consumer can use to contact the financial institution about the prepaid account must be disclosed on the prepaid account access device. If a financial institution does not provide a physical access device in connection with a prepaid account, the disclosure must appear on the Web site, mobile application, or other entry point a consumer must visit to access the prepaid account electronically. (g) Prepaid accounts accessible by hybrid prepaid-credit cards—(1) In general. Except as provided in paragraph (g)(2) of this section, with respect to a prepaid account program where consumers may be offered a covered separate credit feature accessible by a hybrid prepaid-credit card as defined by Regulation Z, 12 CFR 1026.61, a financial institution must provide to any prepaid account without a covered separate credit feature the same account terms, conditions, and features that it provides on prepaid accounts in the same prepaid account program that have such a credit feature. (2) Exception for higher fees or charges. A financial institution is not prohibited under paragraph (g)(1) of this section from imposing a higher fee or charge on the asset feature of a prepaid account with a covered separate credit feature accessible by a hybrid prepaid-credit card than the amount of a comparable fee or charge that it imposes on any prepaid account in the same prepaid account program that does not have such a credit feature. (h) Effective date and special transition rules for disclosure provisions—(1) Effective date generally. Except as provided in paragraphs (h)(2) and (3) of this section, the requirements of this subpart, as modified by this section, apply to prepaid accounts as defined in §1005.2(b)(3), including government benefit accounts subject to §1005.15, beginning April 1, 2019. (2) Early disclosures—(i) Exception for disclosures on existing prepaid account access devices and prepaid account packaging materials. The disclosure requirements of this subpart, as modified by this section, shall not apply to any disclosures that are provided, or that would otherwise be required to be provided, on prepaid account access devices, or on, in, or with prepaid account packaging materials that were manufactured, printed, or otherwise produced in the normal course of business prior to April 1, 2019. (ii) Disclosures for prepaid accounts acquired on or after April 1, 2019. This paragraph applies to prepaid accounts acquired by consumers on or after April 1, 2019 via packaging materials that were manufactured, printed, or otherwise produced prior to April 1, 2019. (A) Notices of certain changes. If a financial institution has changed a prepaid account's terms and conditions as a result of paragraph (h)(1) of this section taking effect such that a change-in-terms notice would have been required under §1005.8(a) or paragraph (f)(2) of this section for existing customers, the financial institution must provide to the consumer a notice of the change within 30 days of obtaining the consumer's contact information. (B) Initial disclosures. The financial institution must mail or deliver to the consumer initial disclosures pursuant to §1005.7 and paragraph (f)(1) of this section that have been updated as a result of paragraph (h)(1) of this section taking effect, within 30 days of obtaining the consumer's contact information. (iii) Disclosures for prepaid accounts acquired before April 1, 2019. This paragraph applies to prepaid accounts acquired by consumers before April 1, 2019. If a financial institution has changed a prepaid account's terms and conditions as a result of paragraph (h)(1) of this section taking effect such that a change-in-terms notice would have been required under §1005.8(a) or paragraph (f)(2) of this section for existing customers, the financial institution must provide to the consumer a notice of the change at least 21 days in advance of the change becoming effective, provided the financial institution has the consumer's contact information. If the financial institution obtains the consumer's contact information less than 30 days in advance of the change becoming effective or after it has become effective, the financial institution is permitted instead to notify the consumer of the change in accordance with the timing requirements set forth in paragraph (h)(2)(ii)(A) of this section. (iv) Method of providing notice to consumers. With respect to prepaid accounts governed by paragraph (h)(2)(ii) or (iii) of this section, if a financial institution has not obtained a consumer's consent to provide disclosures in electronic form pursuant to the Electronic Signatures in Global and National Commerce Act (E-Sign Act) (15 U.S.C. 7001 et seq.), or is not otherwise already mailing or delivering to the consumer written account-related communications within the respective time periods specified in paragraphs (h)(2)(ii) or (iii) of this section, the financial institution may provide to the consumer a notice of a change in terms and conditions pursuant to paragraph (h)(2)(ii) or (iii) of this section or required or voluntary updated initial disclosures as a result of paragraph (h)(1) of this section taking effect in electronic form without regard to the consumer notice and consent requirements of section 101(c) of the E-Sign Act. (3) Account information not available on April 1, 2019—(i) Electronic and written account transaction history. If, on April 1, 2019, a financial institution does not have readily accessible the data necessary to make available 12 months of electronic account transaction history pursuant to paragraph (c)(1)(ii) of this section or to provide 24 months of written account transaction history upon request pursuant to paragraph (c)(1)(iii) of this section, the financial institution may make available or provide such histories using the data for the time period it has until the financial institution has accumulated the data necessary to comply in full with the requirements set forth in paragraphs (c)(1)(ii) and (iii) of this section. (ii) Summary totals of fees. If, on April 1, 2019, the financial institution does not have readily accessible the data necessary to calculate the summary totals of the amount of all fees assessed by the financial institution on the consumer's prepaid account for the prior calendar month and for the calendar year to date pursuant to paragraph (c)(5) of this section, the financial institution may display the summary totals using the data it has until the financial institution has accumulated the data necessary to display the summary totals as required by paragraph (c)(5) of this section. [81 FR 84328, Nov. 22, 2016, as amended at 82 FR 18980, Apr. 25, 2018; 83 FR 6417, Feb. 13, 2018] (a) Definitions—(1) Agreement. For purposes of this section, “agreement” or “prepaid account agreement” means the written document or documents evidencing the terms of the legal obligation, or the prospective legal obligation, between a prepaid account issuer and a consumer for a prepaid account. “Agreement” or “prepaid account agreement” also includes fee information, as defined in paragraph (a)(3) of this section. (2) Amends. For purposes of this section, an issuer “amends” an agreement if it makes a substantive change (an “amendment”) to the agreement. A change is substantive if it alters the rights or obligations of the issuer or the consumer under the agreement. Any change in the fee information, as defined in paragraph (a)(3) of this section, is deemed to be substantive. (3) Fee information. For purposes of this section, “fee information” means the short form disclosure for the prepaid account pursuant to §1005.18(b)(2) and the fee information and statements required to be disclosed in the pre-acquisition long form disclosure for the prepaid account pursuant to §1005.18(b)(4). (4) Issuer. For purposes of this section, “issuer” or “prepaid account issuer” means the entity to which a consumer is legally obligated, or would be legally obligated, under the terms of a prepaid account agreement. (5) Offers. For purposes of this section, an issuer “offers” an agreement if the issuer markets, solicits applications for, or otherwise makes available a prepaid account that would be subject to that agreement, regardless of whether the issuer offers the prepaid account to the general public. (6) Offers to the general public. For purposes of this section, an issuer “offers to the general public” an agreement if the issuer markets, solicits applications for, or otherwise makes available to the general public a prepaid account that would be subject to that agreement. (7) Open account. For purposes of this section, a prepaid account is an “open account” or “open prepaid account” if: There is an outstanding balance in the account; the consumer can load funds to the account even if the account does not currently hold a balance; or the consumer can access credit from a covered separate credit feature accessible by a hybrid prepaid-credit card as defined in Regulation Z, 12 CFR 1026.61, in connection with the account. A prepaid account that has been suspended temporarily (for example, due to a report by the consumer of unauthorized use of the card) is considered an “open account” or “open prepaid account.” (8) Prepaid account. For purposes of this section, “prepaid account” means a prepaid account as defined in §1005.2(b)(3). (b) Submission of agreements to the Bureau—(1) Submissions on a rolling basis. An issuer must make submissions of prepaid account agreements to the Bureau on a rolling basis, in the form and manner specified by the Bureau. Rolling submissions must be sent to the Bureau no later than 30 days after an issuer offers, amends, or ceases to offer any prepaid account agreement as described in paragraphs (b)(1)(ii) through (iv) of this section. Each submission must contain: (i) Identifying information about the issuer and the agreements submitted, including the issuer's name, address, and identifying number (such as an RSSD ID number or tax identification number), the effective date of the prepaid account agreement, the name of the program manager, if any, and the list of names of other relevant parties, if applicable (such as the employer for a payroll card program or the agency for a government benefit program); (ii) Any prepaid account agreement offered by the issuer that has not been previously submitted to the Bureau; (iii) Any prepaid account agreement previously submitted to the Bureau that has been amended, as described in paragraph (b)(2)(i) of this section; and (iv) Notification regarding any prepaid account agreement previously submitted to the Bureau that the issuer is withdrawing, as described in paragraphs (b)(3), (b)(4)(ii), and (b)(5)(ii) of this section. (2) Amended agreements—(i) Submission of amended agreements generally. If a prepaid account agreement previously submitted to the Bureau is amended, the issuer must submit the entire amended agreement to the Bureau, in the form and manner specified by the Bureau, no later than 30 days after the change becomes effective. If other identifying information about the issuer and its submitted agreements pursuant to paragraph (b)(1)(i) of this section previously submitted to the Bureau is amended, the issuer must submit updated information to the Bureau, in the form and manner specified by the Bureau, no later than 30 days after the change becomes effective. (ii) Submission of updated list of names of other relevant parties. Notwithstanding paragraph (b)(2)(i) of this section, an issuer may delay submitting a change to the list of names of other relevant parties to a particular agreement until the earlier of: (A) Such time as the issuer is otherwise submitting an amended agreement or changes to other identifying information about the issuer and its submitted agreements pursuant to paragraph (b)(1)(i) of this section; or (B) May 1 of each year, for any updates to the list of names of other relevant parties for that agreement that occurred between the issuer's last submission of relevant party information and April 1 of that year. (3) Withdrawal of agreements no longer offered. If an issuer no longer offers a prepaid account agreement that was previously submitted to the Bureau, the issuer must notify the Bureau, in the form and manner specified by the Bureau, no later than 30 days after the issuer ceases to offer the agreement, that it is withdrawing the agreement. (4) De minimis exception. (i) An issuer is not required to submit any prepaid account agreements to the Bureau if the issuer has fewer than 3,000 open prepaid accounts. If the issuer has 3,000 or more open prepaid accounts as of the last day of the calendar quarter, the issuer must submit to the Bureau its prepaid account agreements no later than 30 days after the last day of that calendar quarter. (ii) If an issuer that did not previously qualify for the de minimis exception newly qualifies for the de minimis exception, the issuer must continue to make submissions to the Bureau on a rolling basis until the issuer notifies the Bureau that the issuer is withdrawing all agreements it previously submitted to the Bureau. (5) Product testing exception. (i) An issuer is not required to submit a prepaid account agreement to the Bureau if the agreement meets the criteria set forth in paragraphs (b)(5)(i)(A) through (C) of this section. If the agreement fails to meet the criteria set forth in paragraphs (b)(5)(i)(A) through (C) of this section as of the last day of the calendar quarter, the issuer must submit to the Bureau that prepaid account agreement no later than 30 days after the last day of that calendar quarter. An agreement qualifies for the product testing exception if the agreement: (A) Is offered as part of a product test offered to only a limited group of consumers for a limited period of time; (B) Is used for fewer than 3,000 open prepaid accounts; and (C) Is not offered other than in connection with such a product test. (ii) If an agreement that did not previously qualify for the product testing exception newly qualifies for the exception, the issuer must continue to make submissions to the Bureau on a rolling basis with respect to that agreement until the issuer notifies the Bureau that the issuer is withdrawing the agreement. (6) Form and content of agreements submitted to the Bureau—(i) Form and content generally. (A) Each agreement must contain the provisions of the agreement and the fee information currently in effect. (B) Agreements must not include any personally identifiable information relating to any consumer, such as name, address, telephone number, or account number. (C) The following are not deemed to be part of the agreement for purposes of this section, and therefore are not required to be included in submissions to the Bureau: (1) Ancillary disclosures required by state or Federal law, such as affiliate marketing notices, privacy policies, or disclosures under the E-Sign Act; (2) Solicitation or marketing materials; (3) Periodic statements; and (4) Documents that may be sent to the consumer along with the prepaid account or prepaid account agreement such as a cover letter, a validation sticker on the card, or other information about card security. (D) Agreements must be presented in a clear and legible font. (ii) Fee information. Fee information must be set forth either in the prepaid account agreement or in addenda to that agreement that attach either or both the short form disclosure for the prepaid account pursuant to §1005.18(b)(2) and the fee information and statements required to be disclosed in the long form disclosure for the prepaid account pursuant to §1005.18(b)(4). The agreement or addenda thereto must contain all of the fee information, as defined by paragraph (a)(3) of this section. (iii) Integrated agreement. An issuer may not provide provisions of the agreement or fee information to the Bureau in the form of change-in-terms notices or riders (other than the optional fee information addenda described in paragraph (b)(6)(ii) of this section). Changes in provisions or fee information must be integrated into the text of the agreement, or the optional fee information addenda, as appropriate. (c) Posting of agreements offered to the general public. (1) An issuer must post and maintain on its publicly available Web site any prepaid account agreements offered to the general public that the issuer is required to submit to the Bureau under paragraph (b) of this section. (2) Agreements posted pursuant to this paragraph (c) must conform to the form and content requirements for agreements submitted to the Bureau set forth in paragraph (b)(6) of this section. (3) The issuer must post and update the agreements posted on its Web site pursuant to this paragraph (c) as frequently as the issuer is required to submit new or amended agreements to the Bureau pursuant to paragraph (b)(2)(i) of this section. (4) Agreements posted pursuant to this paragraph (c) may be posted in any electronic format that is readily usable by the general public. Agreements must be placed in a location that is prominent and readily accessible to the public and must be accessible without submission of personally identifiable information. (d) Agreements for all open accounts—(1) Availability of an individual consumer's prepaid account agreement. With respect to any open prepaid account, an issuer must either: (i) Post and maintain the consumer's agreement on its Web site; or (ii) Promptly provide a copy of the consumer's agreement to the consumer upon the consumer's request. If the issuer makes an agreement available upon request, the issuer must provide the consumer with the ability to request a copy of the agreement by telephone. The issuer must send to the consumer a copy of the consumer's prepaid account agreement no later than five business days after the issuer receives the consumer's request. (2) Form and content of agreements. (i) Except as provided in this paragraph (d), agreements posted on the issuer's Web site pursuant to paragraph (d)(1)(i) of this section or sent to the consumer upon the consumer's request pursuant to paragraph (d)(1)(ii) of this section must conform to the form and content requirements for agreements submitted to the Bureau as set forth in paragraph (b)(6) of this section. (ii) If the issuer posts an agreement on its Web site under paragraph (d)(1)(i) of this section, the agreement may be posted in any electronic format that is readily usable by the general public and must be placed in a location that is prominent and readily accessible to the consumer. (iii) Agreements posted or otherwise provided pursuant to this paragraph (d) may contain personally identifiable information relating to the consumer, such as name, address, telephone number, or account number, provided that the issuer takes appropriate measures to make the agreement accessible only to the consumer or other authorized persons. (iv) Agreements posted or otherwise provided pursuant to this paragraph (d) must set forth the specific provisions and fee information applicable to the particular consumer. (v) Agreements posted pursuant to paragraph (d)(1)(i) of this section must be updated as frequently as the issuer is required to submit amended agreements to the Bureau pursuant to paragraph (b)(2)(i) of this section. Agreements provided upon consumer request pursuant to paragraph (d)(1)(ii) of this section must be accurate as of the date the agreement is sent to the consumer. (vi) Agreements provided upon consumer request pursuant to paragraph (d)(1)(ii) of this section must be provided by the issuer in paper form, unless the consumer agrees to receive the agreement electronically. (e) E-Sign Act requirements. Except as otherwise provided in this section, issuers may provide prepaid account agreements in electronic form under paragraphs (c) and (d) of this section without regard to the consumer notice and consent requirements of section 101(c) of the Electronic Signatures in Global and National Commerce Act(E-Sign Act) (15 U.S.C. 7001 et seq.). (f) Initial submission date. The requirements of this section apply to prepaid accounts beginning on April 1, 2019. An issuer must submit to the Bureau no later than May 1, 2019 all prepaid account agreements it offers as of April 1, 2019. [81 FR 84336, Nov. 22, 2016, as amended at 83 FR 6419, Feb. 13, 2018] (a) Definitions. For purposes of this section, except as excluded under paragraph (b), the following definitions apply: (1) “Gift certificate” means a card, code, or other device that is: (i) Issued on a prepaid basis primarily for personal, family, or household purposes to a consumer in a specified amount that may not be increased or reloaded in exchange for payment; and (ii) Redeemable upon presentation at a single merchant or an affiliated group of merchants for goods or services. (2) “Store gift card” means a card, code, or other device that is: (i) Issued on a prepaid basis primarily for personal, family, or household purposes to a consumer in a specified amount, whether or not that amount may be increased or reloaded, in exchange for payment; and (3) “General-use prepaid card” means a card, code, or other device that is: (ii) Redeemable upon presentation at multiple, unaffiliated merchants for goods or services, or usable at automated teller machines. (4) “Loyalty, award, or promotional gift card” means a card, code, or other device that: (i) Is issued on a prepaid basis primarily for personal, family, or household purposes to a consumer in connection with a loyalty, award, or promotional program; (ii) Is redeemable upon presentation at one or more merchants for goods or services, or usable at automated teller machines; and (iii) Sets forth the following disclosures, as applicable: (A) A statement indicating that the card, code, or other device is issued for loyalty, award, or promotional purposes, which must be included on the front of the card, code, or other device; (B) The expiration date for the underlying funds, which must be included on the front of the card, code, or other device; (C) The amount of any fees that may be imposed in connection with the card, code, or other device, and the conditions under which they may be imposed, which must be provided on or with the card, code, or other device; and (D) A toll-free telephone number and, if one is maintained, a Web site, that a consumer may use to obtain fee information, which must be included on the card, code, or other device. (5) Dormancy or inactivity fee. The terms “dormancy fee” and “inactivity fee” mean a fee for non-use of or inactivity on a gift certificate, store gift card, or general-use prepaid card. (6) Service fee. The term “service fee” means a periodic fee for holding or use of a gift certificate, store gift card, or general-use prepaid card. A periodic fee includes any fee that may be imposed on a gift certificate, store gift card, or general-use prepaid card from time to time for holding or using the certificate or card. (7) Activity. The term “activity” means any action that results in an increase or decrease of the funds underlying a certificate or card, other than the imposition of a fee, or an adjustment due to an error or a reversal of a prior transaction. (b) Exclusions. The terms “gift certificate,” “store gift card,” and “general-use prepaid card”, as defined in paragraph (a) of this section, do not include any card, code, or other device that is: (1) Useable solely for telephone services; (2) Reloadable and not marketed or labeled as a gift card or gift certificate. For purposes of this paragraph (b)(2), the term “reloadable” includes a temporary non-reloadable card issued solely in connection with a reloadable card, code, or other device; (3) A loyalty, award, or promotional gift card; (4) Not marketed to the general public; (5) Issued in paper form only; or (6) Redeemable solely for admission to events or venues at a particular location or group of affiliated locations, or to obtain goods or services in conjunction with admission to such events or venues, either at the event or venue or at specific locations affiliated with and in geographic proximity to the event or venue. (c) Form of disclosures—(1) Clear and conspicuous. Disclosures made under this section must be clear and conspicuous. The disclosures may contain commonly accepted or readily understandable abbreviations or symbols. (2) Format. Disclosures made under this section generally must be provided to the consumer in written or electronic form. Except for the disclosures in paragraphs (c)(3) and (h)(2) of this section, written and electronic disclosures made under this section must be in a retainable form. Only disclosures provided under paragraphs (c)(3) and (h)(2) may be given orally. (3) Disclosures prior to purchase. Before a gift certificate, store gift card, or general-use prepaid card is purchased, a person that issues or sells such certificate or card must disclose to the consumer the information required by paragraphs (d)(2), (e)(3), and (f)(1) of this section. The fees and terms and conditions of expiration that are required to be disclosed prior to purchase may not be changed after purchase. (4) Disclosures on the certificate or card. Disclosures required by paragraphs (a)(4)(iii), (d)(2), (e)(3), and (f)(2) of this section must be made on the certificate or card, or in the case of a loyalty, award, or promotional gift card, on the card, code, or other device. A disclosure made in an accompanying terms and conditions document, on packaging surrounding a certificate or card, or on a sticker or other label affixed to the certificate or card does not constitute a disclosure on the certificate or card. For an electronic certificate or card, disclosures must be provided electronically on the certificate or card provided to the consumer. An issuer that provides a code or confirmation to a consumer orally must provide to the consumer a written or electronic copy of the code or confirmation promptly, and the applicable disclosures must be provided on the written copy of the code or confirmation. (d) Prohibition on imposition of fees or charges. No person may impose a dormancy, inactivity, or service fee with respect to a gift certificate, store gift card, or general-use prepaid card, unless: (1) There has been no activity with respect to the certificate or card, in the one-year period ending on the date on which the fee is imposed; (2) The following are stated, as applicable, clearly and conspicuously on the gift certificate, store gift card, or general-use prepaid card: (i) The amount of any dormancy, inactivity, or service fee that may be charged; (ii) How often such fee may be assessed; and (iii) That such fee may be assessed for inactivity; and (3) Not more than one dormancy, inactivity, or service fee is imposed in any given calendar month. (e) Prohibition on sale of gift certificates or cards with expiration dates. No person may sell or issue a gift certificate, store gift card, or general-use prepaid card with an expiration date, unless: (1) The person has established policies and procedures to provide consumers with a reasonable opportunity to purchase a certificate or card with at least five years remaining until the certificate or card expiration date; (2) The expiration date for the underlying funds is at least the later of: (i) Five years after the date the gift certificate was initially issued, or the date on which funds were last loaded to a store gift card or general-use prepaid card; or (ii) The certificate or card expiration date, if any; (3) The following disclosures are provided on the certificate or card, as applicable: (i) The expiration date for the underlying funds or, if the underlying funds do not expire, that fact; (ii) A toll-free telephone number and, if one is maintained, a Web site that a consumer may use to obtain a replacement certificate or card after the certificate or card expires if the underlying funds may be available; and (iii) Except where a non-reloadable certificate or card bears an expiration date that is at least seven years from the date of manufacture, a statement, disclosed with equal prominence and in close proximity to the certificate or card expiration date, that: (A) The certificate or card expires, but the underlying funds either do not expire or expire later than the certificate or card, and; (B) The consumer may contact the issuer for a replacement card; and (4) No fee or charge is imposed on the cardholder for replacing the gift certificate, store gift card, or general-use prepaid card or for providing the certificate or card holder with the remaining balance in some other manner prior to the funds expiration date, unless such certificate or card has been lost or stolen. (f) Additional disclosure requirements for gift certificates or cards. The following disclosures must be provided in connection with a gift certificate, store gift card, or general-use prepaid card, as applicable: (1) Fee disclosures. For each type of fee that may be imposed in connection with the certificate or card (other than a dormancy, inactivity, or service fee subject to the disclosure requirements under paragraph (d)(2) of this section), the following information must be provided on or with the certificate or card: (i) The type of fee; (ii) The amount of the fee (or an explanation of how the fee will be determined); and (iii) The conditions under which the fee may be imposed. (2) Telephone number for fee information. A toll-free telephone number and, if one is maintained, a Web site, that a consumer may use to obtain information about fees described in paragraphs (d)(2) and (f)(1) of this section must be disclosed on the certificate or card. (g) Compliance dates—(1) Effective date for gift certificates, store gift cards, and general-use prepaid cards. Except as provided in paragraph (h) of this section, the requirements of this section apply to any gift certificate, store gift card, or general-use prepaid card sold to a consumer on or after August 22, 2010, or provided to a consumer as a replacement for such certificate or card. (2) Effective date for loyalty, award, or promotional gift cards. The requirements in paragraph (a)(4)(iii) of this section apply to any card, code, or other device provided to a consumer in connection with a loyalty, award, or promotional program if the period of eligibility for such program began on or after August 22, 2010. (h) Temporary exemption—(1) Delayed mandatory compliance date. For any gift certificate, store gift card, or general-use prepaid card produced prior to April 1, 2010, the mandatory compliance date of the requirements of paragraphs (c)(3), (d)(2), (e)(1), (e)(3), and (f) of this section is January 31, 2011, provided that an issuer of such certificate or card: (i) Complies with all other provisions of this section; (ii) Does not impose an expiration date with respect to the funds underlying such certificate or card; (iii) At the consumer's request, replaces such certificate or card if it has funds remaining at no cost to the consumer; and (iv) Satisfies the requirements of paragraph (h)(2) of this section. (2) Additional disclosures. Issuers relying on the delayed effective date in §1005.20(h)(1) must disclose through in-store signage, messages during customer service calls, Web sites, and general advertising, that: (i) The underlying funds of such certificate or card do not expire; (ii) Consumers holding such certificate or card have a right to a free replacement certificate or card, which must be accompanied by the packaging and materials typically associated with such certificate or card; and (iii) Any dormancy, inactivity, or service fee for such certificate or card that might otherwise be charged will not be charged if such fees do not comply with section 916 of the Act. (3) Expiration of additional disclosure requirements. The disclosures in paragraph (h)(2) of this section: (i) Are not required to be provided on or after January 31, 2011, with respect to in-store signage and general advertising. (ii) Are not required to be provided on or after January 31, 2013, with respect to messages during customer service calls and Web sites. Source: 77 FR 6285, Feb. 7, 2012, unless otherwise noted. Except as otherwise provided, for purposes of this subpart, the following definitions apply: (a) “Agent” means an agent, authorized delegate, or person affiliated with a remittance transfer provider, as defined under State or other applicable law, when such agent, authorized delegate, or affiliate acts for that remittance transfer provider. (b) “Business day” means any day on which the offices of a remittance transfer provider are open to the public for carrying on substantially all business functions. (c) “Designated recipient” means any person specified by the sender as the authorized recipient of a remittance transfer to be received at a location in a foreign country. (d) “Preauthorized remittance transfer” means a remittance transfer authorized in advance to recur at substantially regular intervals. (e) Remittance transfer—(1) General definition. A “remittance transfer” means the electronic transfer of funds requested by a sender to a designated recipient that is sent by a remittance transfer provider. The term applies regardless of whether the sender holds an account with the remittance transfer provider, and regardless of whether the transaction is also an electronic fund transfer, as defined in §1005.3(b). (2) Exclusions from coverage. The term “remittance transfer” does not include: (i) Small value transactions. Transfer amounts, as described in §1005.31(b)(1)(i), of $15 or less. (ii) Securities and commodities transfers. Any transfer that is excluded from the definition of electronic fund transfer under §1005.3(c)(4). (f) Remittance transfer provider—(1) General definition. “Remittance transfer provider” or “provider” means any person that provides remittance transfers for a consumer in the normal course of its business, regardless of whether the consumer holds an account with such person. (2) Normal course of business—(i) Safe harbor. For purposes of paragraph (f)(1) of this section, a person is deemed not to be providing remittance transfers for a consumer in the normal course of its business if the person: (A) Provided 100 or fewer remittance transfers in the previous calendar year; and (B) Provides 100 or fewer remittance transfers in the current calendar year. (ii) Transition period. If a person that provided 100 or fewer remittance transfers in the previous calendar year provides more than 100 remittance transfers in the current calendar year, and if that person is then providing remittance transfers for a consumer in the normal course of its business pursuant to paragraph (f)(1) of this section, the person has a reasonable period of time, not to exceed six months, to begin complying with this subpart. Compliance with this subpart will not be required for any remittance transfers for which payment is made during that reasonable period of time. (g) “Sender” means a consumer in a State who primarily for personal, family, or household purposes requests a remittance transfer provider to send a remittance transfer to a designated recipient. (h) Third-party fees. (1) “Covered third-party fees.” The term “covered third-party fees” means any fees imposed on the remittance transfer by a person other than the remittance transfer provider except for fees described in paragraph (h)(2) of this section. (2) “Non-covered third-party fees.” The term “non-covered third-party fees” means any fees imposed by the designated recipient's institution for receiving a remittance transfer into an account except if the institution acts as an agent of the remittance transfer provider. [77 FR 6285, Feb. 7, 2012, as amended at 77 FR 50282, Aug. 20, 2012; 78 FR 30703, May 22, 2013] (a) General form of disclosures—(1) Clear and conspicuous. Disclosures required by this subpart or permitted by paragraph (b)(1)(viii) of this section or §1005.33(h)(3) must be clear and conspicuous. Disclosures required by this subpart or permitted by paragraph (b)(1)(viii) of this section or §1005.33(h)(3) may contain commonly accepted or readily understandable abbreviations or symbols. (2) Written and electronic disclosures. Disclosures required by this subpart generally must be provided to the sender in writing. Disclosures required by paragraph (b)(1) of this section may be provided electronically, if the sender electronically requests the remittance transfer provider to send the remittance transfer. Written and electronic disclosures required by this subpart generally must be made in a retainable form. Disclosures provided via mobile application or text message, to the extent permitted by paragraph (a)(5) of this section, need not be retainable. (3) Disclosures for oral telephone transactions. The information required by paragraph (b)(1) of this section may be disclosed orally if: (i) The transaction is conducted orally and entirely by telephone; (ii) The remittance transfer provider complies with the requirements of paragraph (g)(2) of this section; (iii) The provider discloses orally a statement about the rights of the sender regarding cancellation required by paragraph (b)(2)(iv) of this section pursuant to the timing requirements in paragraph (e)(1) of this section; and (iv) The provider discloses orally, as each is applicable, the information required by paragraph (b)(2)(vii) of this section and the information required by §1005.36(d)(1)(i)(A), with respect to transfers subject to §1005.36(d)(2)(ii), pursuant to the timing requirements in paragraph (e)(1) of this section. (4) Oral disclosures for certain error resolution notices. The information required by §1005.33(c)(1) may be disclosed orally if: (i) The remittance transfer provider determines that an error occurred as described by the sender; and (ii) The remittance transfer provider complies with the requirements of paragraph (g)(2) of this section. (5) Disclosures for mobile application or text message transactions. The information required by paragraph (b)(1) of this section may be disclosed orally or via mobile application or text message if: (i) The transaction is conducted entirely by telephone via mobile application or text message; (iii) The provider discloses orally or via mobile application or text message a statement about the rights of the sender regarding cancellation required by paragraph (b)(2)(iv) of this section pursuant to the timing requirements in paragraph (e)(1) of this section; and (iv) The provider discloses orally or via mobile application or text message, as each is applicable, the information required by paragraph (b)(2)(vii) of this section and the information required by §1005.36(d)(1)(i)(A), with respect to transfers subject to §1005.36(d)(2)(ii), pursuant to the timing requirements in paragraph (e)(1) of this section. (b) Disclosure requirements—(1) Pre-payment disclosure. A remittance transfer provider must disclose to a sender, as applicable: (i) The amount that will be transferred to the designated recipient, in the currency in which the remittance transfer is funded, using the term “Transfer Amount” or a substantially similar term; (ii) Any fees imposed and any taxes collected on the remittance transfer by the provider, in the currency in which the remittance transfer is funded, using the terms “Transfer Fees” for fees and “Transfer Taxes” for taxes, or substantially similar terms; (iii) The total amount of the transaction, which is the sum of paragraphs (b)(1)(i) and (ii) of this section, in the currency in which the remittance transfer is funded, using the term “Total” or a substantially similar term; (iv) The exchange rate used by the provider for the remittance transfer, rounded consistently for each currency to no fewer than two decimal places and no more than four decimal places, using the term “Exchange Rate” or a substantially similar term; (v) The amount in paragraph (b)(1)(i) of this section, in the currency in which the funds will be received by the designated recipient, but only if covered third-party fees are imposed under paragraph (b)(1)(vi) of this section, using the term “Transfer Amount” or a substantially similar term. The exchange rate used to calculate this amount is the exchange rate in paragraph (b)(1)(iv) of this section, including an estimated exchange rate to the extent permitted by §1005.32, prior to any rounding of the exchange rate; (vi) Any covered third-party fees, in the currency in which the funds will be received by the designated recipient, using the term “Other Fees,” or a substantially similar term. The exchange rate used to calculate any covered third-party fees is the exchange rate in paragraph (b)(1)(iv) of this section, including an estimated exchange rate to the extent permitted by §1005.32, prior to any rounding of the exchange rate; (vii) The amount that will be received by the designated recipient, in the currency in which the funds will be received, using the term “Total to Recipient” or a substantially similar term except that this amount shall not include non-covered third party fees or taxes collected on the remittance transfer by a person other than the provider regardless of whether such fees or taxes are disclosed pursuant to paragraph (b)(1)(viii) of this section. The exchange rate used to calculate this amount is the exchange rate in paragraph (b)(1)(iv) of this section, including an estimated exchange rate to the extent permitted by §1005.32, prior to any rounding of the exchange rate. (viii) A statement indicating that non-covered third-party fees or taxes collected on the remittance transfer by a person other than the provider may apply to the remittance transfer and result in the designated recipient receiving less than the amount disclosed pursuant to paragraph (b)(1)(vii) of this section. A provider may only include this statement to the extent that such fees or taxes do or may apply to the transfer, using the language set forth in Model Forms A-30(a) through (c) of Appendix A to this part, as appropriate, or substantially similar language. In this statement, a provider also may, but is not required, to disclose any applicable non-covered third-party fees or taxes collected by a person other than the provider. Any such figure must be disclosed in the currency in which the funds will be received, using the language set forth in Model Forms A-30(b) through (d) of Appendix A to this part, as appropriate, or substantially similar language. The exchange rate used to calculate any disclosed non-covered third-party fees or taxes collected on the remittance transfer by a person other than the provider is the exchange rate in paragraph (b)(1)(iv) of this section, including an estimated exchange rate to the extent permitted by §1005.32, prior to any rounding of the exchange rate; (2) Receipt. A remittance transfer provider must disclose to a sender, as applicable: (i) The disclosures described in paragraphs (b)(1)(i) through (viii) of this section; (ii) The date in the foreign country on which funds will be available to the designated recipient, using the term “Date Available” or a substantially similar term. A provider may provide a statement that funds may be available to the designated recipient earlier than the date disclosed, using the term “may be available sooner” or a substantially similar term; (iii) The name and, if provided by the sender, the telephone number and/or address of the designated recipient, using the term “Recipient” or a substantially similar term; (iv) A statement about the rights of the sender regarding the resolution of errors and cancellation, using language set forth in Model Form A-37 of Appendix A to this part or substantially similar language. For any remittance transfer scheduled by the sender at least three business days before the date of the transfer, the statement about the rights of the sender regarding cancellation must instead reflect the requirements of §1005.36(c); (v) The name, telephone number(s), and Web site of the remittance transfer provider; (vi) A statement that the sender can contact the State agency that licenses or charters the remittance transfer provider with respect to the remittance transfer and the Consumer Financial Protection Bureau for questions or complaints about the remittance transfer provider, using language set forth in Model Form A-37 of Appendix A to this part or substantially similar language. The disclosure must provide the name, telephone number(s), and Web site of the State agency that licenses or charters the remittance transfer provider with respect to the remittance transfer and the name, toll-free telephone number(s), and Web site of the Consumer Financial Protection Bureau; and (vii) For any remittance transfer scheduled by the sender at least three business days before the date of the transfer, or the first transfer in a series of preauthorized remittance transfers, the date the remittance transfer provider will make or made the remittance transfer, using the term “Transfer Date,” or a substantially similar term. (3) Combined disclosure—(i) In general. As an alternative to providing the disclosures described in paragraph (b)(1) and (2) of this section, a remittance transfer provider may provide the disclosures described in paragraph (b)(2) of this section, as applicable, in a single disclosure pursuant to the timing requirements in paragraph (e)(1) of this section. Except as provided in paragraph (b)(3)(ii) of this section, if the remittance transfer provider provides the combined disclosure and the sender completes the transfer, the remittance transfer provider must provide the sender with proof of payment when payment is made for the remittance transfer. The proof of payment must be clear and conspicuous, provided in writing or electronically, and provided in a retainable form. (ii) Transfers scheduled before the date of transfer. If the disclosure described in paragraph (b)(3)(i) of this section is provided in accordance with §1005.36(a)(1)(i) and payment is not processed by the remittance transfer provider at the time the remittance transfer is scheduled, a remittance transfer provider may provide confirmation that the transaction has been scheduled in lieu of the proof of payment otherwise required by paragraph (b)(3)(i) of this section. The confirmation of scheduling must be clear and conspicuous, provided in writing or electronically, and provided in a retainable form. (4) Long form error resolution and cancellation notice. Upon the sender's request, a remittance transfer provider must promptly provide to the sender a notice describing the sender's error resolution and cancellation rights, using language set forth in Model Form A-36 of Appendix A to this part or substantially similar language. For any remittance transfer scheduled by the sender at least three business days before the date of the transfer, the description of the rights of the sender regarding cancellation must instead reflect the requirements of §1005.36(c). (c) Specific format requirements—(1) Grouping. The information required by paragraphs (b)(1)(i), (ii), and (iii) of this section generally must be grouped together. The information required by paragraphs (b)(1)(v), (vi), (vii), and (viii) of this section generally must be grouped together. Disclosures provided via mobile application or text message, to the extent permitted by paragraph (a)(5) of this section, generally need not comply with the grouping requirements of this paragraph, however information required or permitted by paragraph (b)(1)(viii) of this section must be grouped with information required by paragraph (b)(1)(vii) of this section. (2) Proximity. The information required by paragraph (b)(1)(iv) of this section generally must be disclosed in close proximity to the other information required by paragraph (b)(1) of this section. The information required by paragraph (b)(2)(iv) of this section generally must be disclosed in close proximity to the other information required by paragraph (b)(2) of this section. The information required or permitted by paragraph (b)(1)(viii) must be in close proximity to the information required by paragraph (b)(1)(vii) of this section. Disclosures provided via mobile application or text message, to the extent permitted by paragraph (a)(5) of this section, generally need not comply with the proximity requirements of this paragraph, however information required or permitted by paragraph (b)(1)(viii) of this section must follow the information required by paragraph (b)(1)(vii) of this section. (3) Prominence and size. Written disclosures required by this subpart or permitted by paragraph (b)(1)(viii) of this section must be provided on the front of the page on which the disclosure is printed. Disclosures required by this subpart or permitted by paragraph (b)(1)(viii) of this section that are provided in writing or electronically must be in a minimum eight-point font, except for disclosures provided via mobile application or text message, to the extent permitted by paragraph (a)(5) of this section. Disclosures required by paragraph (b) of this section or permitted by paragraph (b)(1)(viii) of this section that are provided in writing or electronically must be in equal prominence to each other. (4) Segregation. Except for disclosures provided via mobile application or text message, to the extent permitted by paragraph (a)(5) of this section, disclosures required by this subpart that are provided in writing or electronically must be segregated from everything else and must contain only information that is directly related to the disclosures required under this subpart. (d) Estimates. Estimated disclosures may be provided to the extent permitted by §1005.32. Estimated disclosures must be described using the term “Estimated” or a substantially similar term in close proximity to the estimated term or terms. (e) Timing. (1) Except as provided in §1005.36(a), a pre-payment disclosure required by paragraph (b)(1) of this section or a combined disclosure required by paragraph (b)(3) of this section must be provided to the sender when the sender requests the remittance transfer, but prior to payment for the transfer. (2) Except as provided in §1005.36(a), a receipt required by paragraph (b)(2) of this section generally must be provided to the sender when payment is made for the remittance transfer. If a transaction is conducted entirely by telephone, a receipt required by paragraph (b)(2) of this section may be mailed or delivered to the sender no later than one business day after the date on which payment is made for the remittance transfer. If a transaction is conducted entirely by telephone and involves the transfer of funds from the sender's account held by the provider, the receipt required by paragraph (b)(2) of this section may be provided on or with the next regularly scheduled periodic statement for that account or within 30 days after payment is made for the remittance transfer if a periodic statement is not provided. The statement about the rights of the sender regarding cancellation required by paragraph (b)(2)(iv) of this section may, but need not, be disclosed pursuant to the timing requirements of this paragraph if a provider discloses this information pursuant to paragraphs (a)(3)(iii) or (a)(5)(iii) of this section. (f) Accurate when payment is made. Except as provided in §1005.36(b), disclosures required by this section or permitted by paragraph (b)(1)(viii) of this section must be accurate when a sender makes payment for the remittance transfer, except to the extent estimates are permitted by §1005.32. (g) Foreign language disclosures—(1) General. Except as provided in paragraph (g)(2) of this section, disclosures required by this subpart or permitted by paragraph (b)(1)(viii) of this section or §1005.33(h)(3) must be made in English and, if applicable, either in: (i) Each of the foreign languages principally used by the remittance transfer provider to advertise, solicit, or market remittance transfer services, either orally, in writing, or electronically, at the office in which a sender conducts a transaction or asserts an error; or (ii) The foreign language primarily used by the sender with the remittance transfer provider to conduct the transaction (or for written or electronic disclosures made pursuant to §1005.33, in the foreign language primarily used by the sender with the remittance transfer provider to assert the error), provided that such foreign language is principally used by the remittance transfer provider to advertise, solicit, or market remittance transfer services, either orally, in writing, or electronically, at the office in which a sender conducts a transaction or asserts an error, respectively. (2) Oral, mobile application, or text message disclosures. Disclosures provided orally for transactions conducted orally and entirely by telephone under paragraph (a)(3) of this section or orally or via mobile application or text message for transactions conducted via mobile application or text message under paragraph (a)(5) of this section shall be made in the language primarily used by the sender with the remittance transfer provider to conduct the transaction. Disclosures provided orally under paragraph (a)(4) of this section for error resolution purposes shall be made in the language primarily used by the sender with the remittance transfer provider to assert the error. (a) Temporary exception for insured institutions—(1) General. For disclosures described in §§1005.31(b)(1) through (3) and 1005.36(a)(1) and (2), estimates may be provided in accordance with paragraph (c) of this section for the amounts required to be disclosed under §1005.31(b)(1)(iv) through (vii), if: (i) A remittance transfer provider cannot determine the exact amounts for reasons beyond its control; (ii) A remittance transfer provider is an insured institution; and (iii) The remittance transfer is sent from the sender's account with the institution; provided however, for the purposes of this paragraph, a sender's account does not include a prepaid account, unless the prepaid account is a payroll card account or a government benefit account. (2) Sunset date. Paragraph (a)(1) of this section expires on July 21, 2020. (3) Insured institution. For purposes of this section, the term “insured institution” means insured depository institutions (which includes uninsured U.S. branches and agencies of foreign depository institutions) as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813), and insured credit unions as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752). (b) Permanent exceptions—(1) Permanent exception for transfers to certain countries—(i) General. For disclosures described in §§1005.31(b)(1) through (b)(3) and 1005.36(a)(1) and (a)(2), estimates may be provided for transfers to certain countries in accordance with paragraph (c) of this section for the amounts required to be disclosed under §1005.31(b)(1)(iv) through (b)(1)(vii), if a remittance transfer provider cannot determine the exact amounts when the disclosure is required because: (A) The laws of the recipient country do not permit such a determination, or (B) The method by which transactions are made in the recipient country does not permit such determination. (ii) Safe harbor. A remittance transfer provider may rely on the list of countries published by the Bureau to determine whether estimates may be provided under paragraph (b)(1) of this section, unless the provider has information that a country's laws or the method by which transactions are conducted in that country permits a determination of the exact disclosure amount. (2) Permanent exception for transfers scheduled before the date of transfer. (i) Except as provided in paragraph (b)(2)(ii) of this section, for disclosures described in §§1005.36(a)(1)(i) and (a)(2)(i), estimates may be provided in accordance with paragraph (d) of this section for the amounts to be disclosed under §§1005.31(b)(1)(iv) through (vii) if the remittance transfer is scheduled by a sender five or more business days before the date of the transfer. In addition, if, at the time the sender schedules such a transfer, the provider agrees to a sender's request to fix the amount to be transferred in the currency in which the remittance transfer will be received and not the currency in which it is funded, estimates may also be provided for the amounts to be disclosed under §§1005.31(b)(1)(i) through (iii), except as provided in paragraph (b)(2)(iii) of this section. (ii) Covered third-party fees described in §1005.31(b)(1)(vi) may be estimated under paragraph (b)(2)(i) of this section only if the exchange rate is also estimated under paragraph (b)(2)(i) of this section and the estimated exchange rate affects the amount of such fees. (iii) Fees and taxes described in §1005.31(b)(1)(ii) may be estimated under paragraph (b)(2)(i) of this section only if the amount that will be transferred in the currency in which it is funded is also estimated under paragraph (b)(2)(i) of this section, and the estimated amount affects the amount of such fees and taxes. (3) Permanent exception for optional disclosure of non-covered third-party fees and taxes collected by a person other than the provider. For disclosures described in §§1005.31(b)(1) through (3) and 1005.36(a)(1) and (2), estimates may be provided for applicable non-covered third-party fees and taxes collected on the remittance transfer by a person other than the provider, which are permitted to be disclosed under §1005.31(b)(1)(viii), provided such estimates are based on reasonable sources of information. (c) Bases for estimates generally. Estimates provided pursuant to the exceptions in paragraph (a) or (b)(1) of this section must be based on the below-listed approach or approaches, except as otherwise permitted by this paragraph. If a remittance transfer provider bases an estimate on an approach that is not listed in this paragraph, the provider is deemed to be in compliance with this paragraph so long as the designated recipient receives the same, or greater, amount of funds than the remittance transfer provider disclosed under §1005.31(b)(1)(vii). (1) Exchange rate. In disclosing the exchange rate as required under §1005.31(b)(1)(iv), an estimate must be based on one of the following: (i) For remittance transfers sent via international ACH that qualify for the exception in paragraph (b)(1)(ii) of this section, the most recent exchange rate set by the recipient country's central bank or other governmental authority and reported by a Federal Reserve Bank; (ii) The most recent publicly available wholesale exchange rate and, if applicable, any spread that the remittance transfer provider or its correspondent typically applies to such a wholesale rate for remittance transfers for that currency; or (iii) The most recent exchange rate offered or used by the person making funds available directly to the designated recipient or by the person setting the exchange rate. (2) Transfer amount in the currency in which the funds will be received by the designated recipient. In disclosing the transfer amount in the currency in which the funds will be received by the designated recipient, as required under §1005.31(b)(1)(v), an estimate must be based on the estimated exchange rate provided in accordance with paragraph (c)(1) of this section, prior to any rounding of the estimated exchange rate. (3) Covered third-party fees—(i) Imposed as percentage of amount transferred. In disclosing covered third-party fees, as described under §1005.31(b)(1)(vi), that are a percentage of the amount transferred to the designated recipient, an estimated exchange rate must be based on the estimated exchange rate provided in accordance with paragraph (c)(1) of this section, prior to any rounding of the estimated exchange rate. (ii) Imposed by the intermediary or final institution. In disclosing covered third-party fees pursuant to §1005.31(b)(1)(vi), an estimate must be based on one of the following: (A) The remittance transfer provider's most recent remittance transfer to the designated recipient's institution, or (B) A representative transmittal route identified by the remittance transfer provider. (4) Amount of currency that will be received by the designated recipient. In disclosing the amount of currency that will be received by the designated recipient as required under §1005.31(b)(1)(vii), an estimate must be based on the information provided in accordance with paragraphs (c)(1) through (3) of this section, as applicable. (d) Bases for estimates for transfers scheduled before the date of transfer. Estimates provided pursuant to paragraph (b)(2) of this section must be based on the exchange rate or, where applicable, the estimated exchange rate based on an estimation methodology permitted under paragraph (c) of this section that the provider would have used or did use that day in providing disclosures to a sender requesting such a remittance transfer to be made on the same day. If, in accordance with this paragraph, a remittance transfer provider uses a basis described in paragraph (c) of this section but not listed in paragraph (c)(1) of this section, the provider is deemed to be in compliance with this paragraph regardless of the amount received by the designated recipient, so long as the estimation methodology is the same that the provider would have used or did use in providing disclosures to a sender requesting such a remittance transfer to be made on the same day. [77 FR 6285, Feb. 7, 2012, as amended at 77 FR 50283, Aug. 20, 2012; 78 FR 30704, May 22, 2013; 79 FR 55991, Sept. 18, 2014; 81 FR 84338, Nov. 22, 2016] (a) Definition of error—(1) Types of transfers or inquiries covered. For purposes of this section, the term error means: (i) An incorrect amount paid by a sender in connection with a remittance transfer unless the disclosure stated an estimate of the amount paid by a sender in accordance with §1005.32(b)(2) and the difference results from application of the actual exchange rate, fees, and taxes, rather than any estimated amount; (ii) A computational or bookkeeping error made by the remittance transfer provider relating to a remittance transfer; (iii) The failure to make available to a designated recipient the amount of currency disclosed pursuant to §1005.31(b)(1)(vii) and stated in the disclosure provided to the sender under §1005.31(b)(2) or (3) for the remittance transfer, unless: (A) The disclosure stated an estimate of the amount to be received in accordance with §1005.32(a), (b)(1) or (b)(2) and the difference results from application of the actual exchange rate, fees, and taxes, rather than any estimated amounts; or (B) The failure resulted from extraordinary circumstances outside the remittance transfer provider's control that could not have been reasonably anticipated; or (C) The difference results from the application of non-covered third-party fees or taxes collected on the remittance transfer by a person other than the provider and the provider provided the disclosure required by §1005.31(b)(1)(viii). (iv) The failure to make funds available to a designated recipient by the date of availability stated in the disclosure provided to the sender under §1005.31(b)(2) or (3) for the remittance transfer, unless the failure to make the funds available resulted from: (A) Extraordinary circumstances outside the remittance transfer provider's control that could not have been reasonably anticipated; (B) Delays related to a necessary investigation or other special action by the remittance transfer provider or a third party as required by the provider's fraud screening procedures or in accordance with the Bank Secrecy Act, 31 U.S.C. 5311 et seq., Office of Foreign Assets Control requirements, or similar laws or requirements; (C) The remittance transfer being made with fraudulent intent by the sender or any person acting in concert with the sender; or (D) The sender having provided the remittance transfer provider an incorrect account number or recipient institution identifier for the designated recipient's account or institution, provided that the remittance transfer provider meets the conditions set forth in paragraph (h) of this section; (v) The sender's request for documentation required by §1005.31 or for additional information or clarification concerning a remittance transfer, including a request a sender makes to determine whether an error exists under paragraphs (a)(1)(i) through (iv) of this section. (2) Types of transfers or inquiries not covered. The term error does not include: (i) An inquiry about the status of a remittance transfer, except where the funds from the transfer were not made available to a designated recipient by the disclosed date of availability as described in paragraph (a)(1)(iv) of this section; (ii) A request for information for tax or other recordkeeping purposes; (iii) A change requested by the designated recipient; or (iv) A change in the amount or type of currency received by the designated recipient from the amount or type of currency stated in the disclosure provided to the sender under §1005.31(b)(2) or (3) if the remittance transfer provider relied on information provided by the sender as permitted under §1005.31 in making such disclosure. (b) Notice of error from sender—(1) Timing; contents. A remittance transfer provider shall comply with the requirements of this section with respect to any oral or written notice of error from a sender that: (i) Is received by the remittance transfer provider no later than 180 days after the disclosed date of availability of the remittance transfer; (ii) Enables the provider to identify: (A) The sender's name and telephone number or address; (B) The recipient's name, and if known, the telephone number or address of the recipient; and (C) The remittance transfer to which the notice of error applies; and (iii) Indicates why the sender believes an error exists and includes to the extent possible the type, date, and amount of the error, except for requests for documentation, additional information, or clarification described in paragraph (a)(1)(v) of this section. (2) Request for documentation or clarification. When a notice of error is based on documentation, additional information, or clarification that the sender previously requested under paragraph (a)(1)(v) of this section, the sender's notice of error is timely if received by the remittance transfer provider the later of 180 days after the disclosed date of availability of the remittance transfer or 60 days after the provider sent the documentation, information, or clarification that had been requested. (c) Time limits and extent of investigation—(1) Time limits for investigation and report to consumer of error. A remittance transfer provider shall investigate promptly and determine whether an error occurred within 90 days of receiving a notice of error. The remittance transfer provider shall report the results to the sender, including notice of any remedies available for correcting any error that the provider determines has occurred, within three business days after completing its investigation. (2) Remedies. Except as provided in paragraph (c)(2)(iii) of this section, if, following an assertion of an error by a sender, the remittance transfer provider determines an error occurred, the provider shall, within one business day of, or as soon as reasonably practicable after, receiving the sender's instructions regarding the appropriate remedy, correct the error as designated by the sender by: (i) In the case of any error under paragraphs (a)(1)(i) through (iii) of this section, as applicable, either: (A) Refunding to the sender the amount of funds provided by the sender in connection with a remittance transfer which was not properly transmitted, or the amount appropriate to resolve the error; or (B) Making available to the designated recipient, without additional cost to the sender or to the designated recipient, the amount appropriate to resolve the error; (ii) Except as provided in paragraph (c)(2)(iii) of this section, in the case of an error under paragraph (a)(1)(iv) of this section (A) As applicable, either: (1) Refunding to the sender the amount of funds provided by the sender in connection with a remittance transfer which was not properly transmitted, or the amount appropriate to resolve the error; or (2) Making available to the designated recipient the amount appropriate to resolve the error. Such amount must be made available to the designated recipient without additional cost to the sender or to the designated recipient; and (B) Refunding to the sender any fees imposed and, to the extent not prohibited by law, taxes collected on the remittance transfer; (iii) In the case of an error under paragraph (a)(1)(iv) of this section that occurred because the sender provided incorrect or insufficient information in connection with the remittance transfer, the remittance transfer provider shall provide the remedies required by paragraphs (c)(2)(ii)(A)(1) and (c)(2)(ii)(B) of this section within three business days of providing the report required by paragraph (c)(1) or (d)(1) of this section except that the provider may agree to the sender's request, upon receiving the results of the error investigation, that the funds be applied towards a new remittance transfer, rather than be refunded, if the provider has not yet processed a refund. The provider may deduct from the amount refunded or applied towards a new transfer any fees actually imposed on or, to the extent not prohibited by law, taxes actually collected on the remittance transfer as part of the first unsuccessful remittance transfer attempt except that the provider shall not deduct its own fee. (iv) In the case of a request under paragraph (a)(1)(v) of this section, providing the requested documentation, information, or clarification. (d) Procedures if remittance transfer provider determines no error or different error occurred. In addition to following the procedures specified in paragraph (c) of this section, the remittance transfer provider shall follow the procedures set forth in this paragraph (d) if it determines that no error occurred or that an error occurred in a manner or amount different from that described by the sender. (1) Explanation of results of investigation. The remittance transfer provider's report of the results of the investigation shall include a written explanation of the provider's findings and shall note the sender's right to request the documents on which the provider relied in making its determination. The explanation shall also address the specific complaint of the sender. (2) Copies of documentation. Upon the sender's request, the remittance transfer provider shall promptly provide copies of the documents on which the provider relied in making its error determination. (e) Reassertion of error. A remittance transfer provider that has fully complied with the error resolution requirements of this section has no further responsibilities under this section should the sender later reassert the same error, except in the case of an error asserted by the sender following receipt of information provided under paragraph (a)(1)(v) of this section. (f) Relation to other laws—(1) Relation to Regulation E §1005.11 for incorrect EFTs from a sender's account. If an alleged error involves an incorrect electronic fund transfer from a sender's account in connection with a remittance transfer, and the sender provides a notice of error to the account-holding institution, the account-holding institution shall comply with the requirements of §1005.11 governing error resolution rather than the requirements of this section, provided that the account-holding institution is not also the remittance transfer provider. If the remittance transfer provider is also the financial institution that holds the consumer's account, then the error-resolution provisions of this section apply when the sender provides such notice of error. (2) Relation to Truth in Lending Act and Regulation Z. If an alleged error involves an incorrect extension of credit in connection with a remittance transfer, an incorrect amount received by the designated recipient under paragraph (a)(1)(iii) of this section that is an extension of credit for property or services not delivered as agreed, or the failure to make funds available by the disclosed date of availability under paragraph (a)(1)(iv) of this section that is an extension of credit for property or services not delivered as agreed, and the sender provides a notice of error to the creditor extending the credit, the provisions of Regulation Z, 12 CFR 1026.13, governing error resolution apply to the creditor, rather than the requirements of this section, even if the creditor is the remittance transfer provider. However, if the creditor is the remittance transfer provider, paragraph (b) of this section will apply instead of 12 CFR 1026.13(b). If the sender instead provides a notice of error to the remittance transfer provider that is not also the creditor, then the error-resolution provisions of this section apply to the remittance transfer provider. (3) Unauthorized remittance transfers. If an alleged error involves an unauthorized electronic fund transfer for payment in connection with a remittance transfer, §§1005.6 and 1005.11 apply with respect to the account-holding institution. If an alleged error involves an unauthorized use of a credit account for payment in connection with a remittance transfer, the provisions of Regulation Z, 12 CFR 1026.12(b), if applicable, and §1026.13, apply with respect to the creditor. (g) Error resolution standards and recordkeeping requirements—(1) Compliance program. A remittance transfer provider shall develop and maintain written policies and procedures that are designed to ensure compliance with the error resolution requirements applicable to remittance transfers under this section. (2) Retention of error-related documentation. The remittance transfer provider's policies and procedures required under paragraph (g)(1) of this section shall include policies and procedures regarding the retention of documentation related to error investigations. Such policies and procedures must ensure, at a minimum, the retention of any notices of error submitted by a sender, documentation provided by the sender to the provider with respect to the alleged error, and the findings of the remittance transfer provider regarding the investigation of the alleged error. Remittance transfer providers are subject to the record retention requirements under §1005.13. (h) Incorrect account number or recipient institution identifier provided by the sender. The exception in paragraph (a)(1)(iv)(D) of this section applies if: (1) The remittance transfer provider can demonstrate that the sender provided an incorrect account number or recipient institution identifier to the provider in connection with the remittance transfer; (2) For any instance in which the sender provided the incorrect recipient institution identifier, prior to or when sending the transfer, the provider used reasonably available means to verify that the recipient institution identifier provided by the sender corresponded to the recipient institution name provided by the sender; (3) The provider provided notice to the sender before the sender made payment for the remittance transfer that, in the event the sender provided an incorrect account number or recipient institution identifier, the sender could lose the transfer amount. For purposes of providing this disclosure, §1005.31(a)(2) applies to this notice unless the notice is given at the same time as other disclosures required by this subpart for which information is permitted to be disclosed orally or via mobile application or text message, in which case this disclosure may be given in the same medium as those other disclosures; (4) The incorrect account number or recipient institution identifier resulted in the deposit of the remittance transfer into a customer's account that is not the designated recipient's account; and (5) The provider promptly used reasonable efforts to recover the amount that was to be received by the designated recipient. [77 FR 6285, Feb. 7, 2012, as amended at 77 FR 50284, Aug. 20, 2012; 78 FR 30704, May 22, 2013; 78 FR 49366, Aug. 14, 2013; 79 FR 55991, Sept. 18, 2014] (a) Sender right of cancellation and refund. Except as provided in §1005.36(c), a remittance transfer provider shall comply with the requirements of this section with respect to any oral or written request to cancel a remittance transfer from the sender that is received by the provider no later than 30 minutes after the sender makes payment in connection with the remittance transfer if: (1) The request to cancel enables the provider to identify the sender's name and address or telephone number and the particular transfer to be cancelled; and (2) The transferred funds have not been picked up by the designated recipient or deposited into an account of the designated recipient. (b) Time limits and refund requirements. A remittance transfer provider shall refund, at no additional cost to the sender, the total amount of funds provided by the sender in connection with a remittance transfer, including any fees and, to the extent not prohibited by law, taxes imposed in connection with the remittance transfer, within three business days of receiving a sender's request to cancel the remittance transfer. A remittance transfer provider is liable for any violation of this subpart by an agent when such agent acts for the provider. (a) Timing. (1) For a one-time transfer scheduled five or more business days before the date of transfer or for the first in a series of preauthorized remittance transfers, the remittance transfer provider must: (i) Provide either the pre-payment disclosure described in §1005.31(b)(1) and the receipt described in §1005.31(b)(2) or the combined disclosure described in §1005.31(b)(3), in accordance with the timing requirements set forth in §1005.31(e); and (ii) If any of the disclosures provided pursuant to paragraph (a)(1)(i) of this section contain estimates as permitted by §1005.32(b)(2), mail or deliver to the sender an additional receipt meeting the requirements described in §1005.31(b)(2) no later than one business day after the date of the transfer. If the transfer involves the transfer of funds from the sender's account held by the provider, the receipt required by this paragraph may be provided on or with the next periodic statement for that account, or within 30 days after the date of the transfer if a periodic statement is not provided. (2) For each subsequent preauthorized remittance transfer: (i) If any of the information on the most recent receipt provided pursuant to paragraph (a)(1)(i) of this section, or by this paragraph (a)(2)(i), other than the temporal disclosures required by §1005.31(b)(2)(ii) and (b)(2)(vii), is no longer accurate with respect to a subsequent preauthorized remittance transfer for reasons other than as permitted by §1005.32, then the remittance transfer provider must provide an updated receipt meeting the requirements described in §1005.31(b)(2) to the sender. The provider must mail or deliver this receipt to the sender within a reasonable time prior to the scheduled date of the next subsequent preauthorized remittance transfer. Such receipt must clearly and conspicuously indicate that it contains updated disclosures. (ii) Unless a receipt was provided in accordance with paragraph (a)(2)(i) of this section that contained no estimates pursuant to §1005.32, the remittance transfer provider must mail or deliver to the sender a receipt meeting the requirements described in §1005.31(b)(2) no later than one business day after the date of the transfer. If the remittance transfer involves the transfer of funds from the sender's account held by the provider, the receipt required by this paragraph may be provided on or with the next periodic statement for that account, or within 30 days after the date of the transfer if a periodic statement is not provided. (iii) A remittance transfer provider must provide the disclosures required by paragraph (d) of this section in accordance with the timing requirements of that section. (b) Accuracy. (1) For a one-time transfer scheduled five or more business days in advance or for the first in a series of preauthorized remittance transfers, disclosures provided pursuant to paragraph (a)(1)(i) of this section must comply with §1005.31(f) by being accurate when a sender makes payment except to the extent estimates are permitted by §1005.32. (2) For each subsequent preauthorized remittance transfer, the most recent receipt provided pursuant to paragraph (a)(1)(i) or (a)(2)(i) of this section must be accurate as of when such transfer is made, except: (i) The temporal elements required by §1005.31(b)(2)(ii) and (b)(2)(vii) must be accurate only if the transfer is the first transfer to occur after the disclosure was provided; and (ii) To the extent estimates are permitted by §1005.32. (3) Disclosures provided pursuant to paragraph (a)(1)(ii) or (a)(2)(ii) of this section must be accurate as of when the remittance transfer to which it pertains is made, except to the extent estimates are permitted by §1005.32(a) or (b)(1). (c) Cancellation. For any remittance transfer scheduled by the sender at least three business days before the date of the transfer, a remittance transfer provider shall comply with any oral or written request to cancel the remittance transfer from the sender if the request to cancel: (1) Enables the provider to identify the sender's name and address or telephone number and the particular transfer to be cancelled; and (2) Is received by the provider at least three business days before the scheduled date of the remittance transfer. (d) Additional requirements for subsequent preauthorized remittance transfers—(1) Disclosure requirement. (i) For any subsequent transfer in a series of preauthorized remittance transfers, the remittance transfer provider must disclose to the sender: (A) The date the provider will make the subsequent transfer, using the term “Future Transfer Date,” or a substantially similar term; (B) A statement about the rights of the sender regarding cancellation as described in §1005.31(b)(2)(iv); and (C) The name, telephone number(s), and Web site of the remittance transfer provider. (ii) If the future date or dates of transfer are described as occurring in regular periodic intervals, e.g., the 15th of every month, rather than as a specific calendar date or dates, the remittance transfer provider must disclose any future date or dates of transfer that do not conform to the described interval. (2) Notice requirements. (i) Except as described in paragraph (d)(2)(ii) of this section, the disclosures required by paragraph (d)(1) of this section must be received by the sender no more than 12 months, and no less than five business days prior to the date of any subsequent transfer to which it pertains. The disclosures required by paragraph (d)(1) of this section may be provided in a separate disclosure or may be provided on one or more disclosures required by this subpart related to the same series of preauthorized transfers, so long as the consumer receives the required information for each subsequent preauthorized remittance transfer in accordance with the timing requirements of this paragraph (d)(2)(i). (ii) For any subsequent preauthorized remittance transfer for which the date of transfer is four or fewer business days after the date payment is made for that transfer, the information required by paragraph (d)(1) of this section must be provided on or with the receipt described in §1005.31(b)(2), or disclosed as permitted by §1005.31(a)(3) or (a)(5), for the initial transfer in that series in accordance with paragraph (a)(1)(i) of this section. (3) Specific format requirement. The information required by paragraph (d)(1)(i)(A) of this section generally must be disclosed in close proximity to the other information required by paragraph (d)(1)(i)(B) of this section. (4) Accuracy. Any disclosure required by paragraph (d)(1) of this section must be accurate as of the date the preauthorized remittance transfer to which it pertains is made. [76 FR 81023, Dec. 27, 2011, as amended at 77 FR 50284, Aug. 20, 2012] A-1—Model Clauses for Unsolicited Issuance (§1005.5(b)(2)) A-2—Model Clauses for Initial Disclosures (§1005.7(b)) A-3—Model Forms for Error Resolution Notice (§§1005.7(b)(10) and 1005.8(b)) A-4—Model Form for Service-Providing Institutions (§1005.14(b)(1)(ii)) A-5—Model Clauses for Government Agencies (§1005.15(e)(1) and (2)) A-6—Model Clauses for Authorizing One-Time Electronic Fund Transfers Using Information From a Check (§1005.3(b)(2)) A-7—Model Clauses for Financial Institutions Offering Prepaid Accounts (§1005.18(d) and (e)(3)) A-8—Model Clause for Electronic Collection of Returned Item Fees (§1005.3(b)(3)) A-9—Model Consent Form for Overdraft Services (§1005.17) A-10(a)—Model Form for Short Form Disclosures for Government Benefit Accounts (§§1005.15(c) and 1005.18(b)(2), (3), (6), and (7)) A-10(b)—Model Form for Short Form Disclosures for Payroll Card Accounts (§1005.18(b)(2), (3), (6), and (7)) A-10(c)—Model Form for Short Form Disclosures for Prepaid Accounts, Example 1 (§1005.18(b)(2), (3), (6), and (7)) A-10(d)—Model Form for Short Form Disclosures for Prepaid Accounts, Example 2 (§1005.18(b)(2), (3), (6), and (7)) A-10(e)—Model Form for Short Form Disclosures for Prepaid Accounts with Multiple Service Plans (§1005.18(b)(2), (3), (6), and (7)) A-10(f)—Sample Form for Long Form Disclosures for Prepaid Accounts (§1005.18(b)(4), (6), and (7)) A-11 through A-30 [Reserved] A-30(a)—Model Form for Pre-Payment Disclosures for Remittance Transfers Exchanged into Local Currency including a disclaimer where non-covered third-party fees and foreign taxes may apply (§1005.31(b)(1)) A-30(b) —Model Form for Pre-Payment Disclosures for Remittance Transfers Exchanged into Local Currency including a disclaimer with estimate for non-covered third-party fees (§1005.31(b)(1) and §1005.32(b)(3)) A-30(c)—Model Form for Pre-Payment Disclosures for Remittance Transfers Exchanged into Local Currency including a disclaimer with estimate for foreign taxes (§1005.31(b)(1) and §1005.32(b)(3)) A-30(d)—Model Form for Pre-Payment Disclosures for Remittance Transfers Exchanged into Local Currency, including a disclaimer with estimates for non-covered third-party fees and foreign taxes (§1005.31(b)(1) and §1005.32(b)(3)) A-31—Model Form for Receipts for Remittance Transfers Exchanged into Local Currency (§1005.31(b)(2)) A-32—Model Form for Combined Disclosures for Remittance Transfers Exchanged into Local Currency (§1005.31(b)(3)) A-34—Model Form for Receipts for Dollar-to-Dollar Remittance Transfers (§1005.31(b)(2)) A-35—Model Form for Combined Disclosures for Dollar-to-Dollar Remittance Transfers (§1005.31(b)(3)) A-36—Model Form for Error Resolution and Cancellation Disclosures (Long) (§1005.31(b)(4)) A-37—Model Form for Error Resolution and Cancellation Disclosures (Short) (§1005.31(b)(2)(iv) and (b)(2)(vi)) A-39—Model Form for Receipts for Remittance Transfers Exchanged into Local Currency—Spanish (§1005.31(b)(2)) A-40—Model Form for Combined Disclosures for Remittance Transfers Exchanged into Local Currency—Spanish (§1005.31(b)(3)) A-41—Model Form for Error Resolution and Cancellation Disclosures (Long)—Spanish (§1005.31(b)(4)) (a) Accounts using cards. You cannot use the enclosed card to transfer money into or out of your account until we have validated it. If you do not want to use the card, please (destroy it at once by cutting it in half). [Financial institution may add validation instructions here.] (b) Accounts using codes. You cannot use the enclosed code to transfer money into or out of your account until we have validated it. If you do not want to use the code, please (destroy this notice at once). (a) Consumer Liability (§1005.7(b)(1)). (Tell us AT ONCE if you believe your [card] [code] has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days after you learn of the loss or theft of your [card] [code], you can lose no more than $50 if someone used your [card][code] without your permission.) If you do NOT tell us within 2 business days after you learn of the loss or theft of your [card] [code], and we can prove we could have stopped someone from using your [card] [code] without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. (b) Contact in event of unauthorized transfer (§1005.7(b)(2)). If you believe your [card] [code] has been lost or stolen, call: [Telephone number] or write: [Name of person or office to be notified] [Address]. You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission. (c) Business days (§1005.7(b)(3)). For purposes of these disclosures, our business days are (Monday through Friday) (Monday through Saturday) (any day including Saturdays and Sundays). Holidays are (not) included. (d) Transfer types and limitations (§1005.7(b)(4)) (1) Account access. You may use your [card][code] to: (i) Withdraw cash from your [checking] [or] [savings] account. (ii) Make deposits to your [checking] [or] [savings] account. (iii) Transfer funds between your checking and savings accounts whenever you request. (iv) Pay for purchases at places that have agreed to accept the [card] [code]. (v) Pay bills directly [by telephone] from your [checking] [or] [savings] account in the amounts and on the days you request. Some of these services may not be available at all terminals. (2) Electronic check conversion. You may authorize a merchant or other payee to make a one-time electronic payment from your checking account using information from your check to: (i) Pay for purchases. (ii) Pay bills. (3) Limitations on frequency of transfers. (i) You may make only [insert number, e.g., 3] cash withdrawals from our terminals each [insert time period, e.g., week]. (ii) You can use your telephone bill-payment service to pay [insert number] bills each [insert time period] [telephone call]. (iii) You can use our point-of-sale transfer service for [insert number] transactions each [insert time period]. (iv) For security reasons, there are limits on the number of transfers you can make using our [terminals] [telephone bill-payment service] [point-of-sale transfer service]. (4) Limitations on dollar amounts of transfers (i) You may withdraw up to [insert dollar amount] from our terminals each [insert time period] time you use the [card] [code]. (ii) You may buy up to [insert dollar amount] worth of goods or services each [insert time period] time you use the [card] [code] in our point-of-sale transfer service. (e) Fees (§1005.7(b)(5)) (1) Per transfer charge. We will charge you [insert dollar amount] for each transfer you make using our [automated teller machines] [telephone bill-payment service] [point-of-sale transfer service]. (2) Fixed charge. We will charge you [insert dollar amount] each [insert time period] for our [automated teller machine service] [telephone bill-payment service] [point-of-sale transfer service]. (3) Average or minimum balance charge. We will only charge you for using our [automated teller machines] [telephone bill-payment service] [point-of-sale transfer service] if the [average] [minimum] balance in your [checking account] [savings account] [accounts] falls below [insert dollar amount]. If it does, we will charge you [insert dollar amount] each [transfer] [insert time period]. (f) Confidentiality (§1005.7(b)(9)). We will disclose information to third parties about your account or the transfers you make: (i) Where it is necessary for completing transfers, or (ii) In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or (iii) In order to comply with government agency or court orders, or (iv) If you give us your written permission. (g) Documentation (§1005.7(b)(6)) (1) Terminal transfers. You can get a receipt at the time you make any transfer to or from your account using one of our [automated teller machines] [or] [point-of-sale terminals]. (2) Preauthorized credits. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, (we will let you know if the deposit is [not] made.) [the person or company making the deposit will tell you every time they send us the money] [you can call us at (insert telephone number) to find out whether or not the deposit has been made]. (3) Periodic statements. You will get a [monthly] [quarterly] account statement (unless there are no transfers in a particular month. In any case you will get the statement at least quarterly). (4) Passbook account where the only possible electronic fund transfers are preauthorized credits. If you bring your passbook to us, we will record any electronic deposits that were made to your account since the last time you brought in your passbook. (h) Preauthorized payments (§1005.7(b) (6), (7) and (8); §1005.10(d)) (1) Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here's how: Call us at [insert telephone number], or write us at [insert address], in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. (We will charge you [insert amount] for each stop-payment order you give.) (2) Notice of varying amounts. If these regular payments may vary in amount, [we] [the person you are going to pay] will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.) (3) Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages. (i) Financial institution's liability (§1005.7(b)(8)). If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance: (1) If, through no fault of ours, you do not have enough money in your account to make the transfer. (2) If the transfer would go over the credit limit on your overdraft line. (3) If the automated teller machine where you are making the transfer does not have enough cash. (4) If the [terminal] [system] was not working properly and you knew about the breakdown when you started the transfer. (5) If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken. (6) There may be other exceptions stated in our agreement with you. (j) ATM fees (§1005.7(b)(11)). When you use an ATM not owned by us, you may be charged a fee by the ATM operator [or any network used] (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer). (a) Initial and annual error resolution notice (§§1005.7(b)(10) and 1005.8(b)). In Case of Errors or Questions About Your Electronic Transfers Telephone us at [insert telephone number] Write us at [insert address] [or email us at [insert email address]] as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. (1) Tell us your name and account number (if any). (2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information. (3) Tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. (b) Error resolution notice on periodic statements (§1005.8(b)). In Case of Errors or Questions About Your Electronic Transfers Telephone us at [insert telephone number] or Write us at [insert address] as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer on the statement or receipt. We must hear from you no later than 60 days after we sent you the FIRST statement on which the error or problem appeared. We will investigate your complaint and will correct any error promptly. If we take more than 10 business days to do this, we will credit your account for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. ALL QUESTIONS ABOUT TRANSACTIONS MADE WITH YOUR (NAME OF CARD) CARD MUST BE DIRECTED TO US (NAME OF SERVICE PROVIDER), AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR ACCOUNT. We are responsible for the [name of service] service and for resolving any errors in transactions made with your [name of card] card. We will not send you a periodic statement listing transactions that you make using your [name of card] card. The transactions will appear only on the statement issued by your bank or other financial institution. SAVE THE RECEIPTS YOU ARE GIVEN WHEN YOU USE YOUR [NAME OF CARD] CARD, AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about one of these transactions, call or write us at [telephone number and address] [the telephone number and address indicated below]. IF YOUR [NAME OF CARD] CARD IS LOST OR STOLEN, NOTIFY US AT ONCE by calling or writing to us at [telephone number and address]. (a) Disclosure by government agencies of information about obtaining account information for government benefit accounts (§1005.15(e)(1)(i)). You may obtain information about the amount of benefits you have remaining by calling [telephone number]. That information is also available [on the receipt you get when you make a transfer with your card at (an ATM) (a POS terminal)] [when you make a balance inquiry at an ATM] [when you make a balance inquiry at specified locations]. This information, along with a 12-month history of account transactions, is also available online at [Internet address]. You also have the right to obtain at least 24 months of written history of account transactions by calling [telephone number], or by writing to us at [address]. You will not be charged a fee for this information unless you request it more than once per month. [Optional: Or you may request a written history of account transactions by contacting your caseworker.] (b) Disclosure of error resolution procedures for government agencies that do not provide periodic statements (§1005.15(e)(1)(ii) and (e)(2)). In Case of Errors or Questions About Your Electronic Transfers Telephone us at [telephone number] Write us at [address] [or email us at [email address]] as soon as you can, if you think an error has occurred in your [agency's name for program] account. We must allow you to report an error until 60 days after the earlier of the date you electronically access your account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling us at [telephone number] or writing us at [address] [optional: or by contacting your caseworker]. You will need to tell us: • Your name and [case] [file] number. • Why you believe there is an error, and the dollar amount involved. • Approximately when the error took place. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If you need more information about our error resolution procedures, call us at [telephone number][the telephone number shown above]. (a) Notice About Electronic Check Conversion. When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. (b) Alternative Notice About Electronic Check Conversion (Optional). When you provide a check as payment, you authorize us to use information from your check to make a one-time electronic fund transfer from your account. In certain circumstances, such as for technical or processing reasons, we may process your payment as a check transaction. [Specify other circumstances (at payee's option).] (c) Notice For Providing Additional Information About Electronic Check Conversion. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day [you make] [we receive] your payment[, and you will not receive your check back from your financial institution]. (a) Disclosure by financial institutions of information about obtaining account information for prepaid accounts (§1005.18(d)(1)(i)). You may obtain information about the amount of money you have remaining in your prepaid account by calling [telephone number]. This information, along with a 12-month history of account transactions, is also available online at [internet address]. [For accounts that are or can be registered:] [If your account is registered with us,] You also have the right to obtain at least 24 months of written history of account transactions by calling [telephone number], or by writing us at [address]. You will not be charged a fee for this information unless you request it more than once per month. (b) Disclosure of error-resolution procedures for financial institutions that do not provide periodic statements (§1005.18(d)(1)(ii) and (d)(2)). In Case of Errors or Questions About Your Prepaid Account Telephone us at [telephone number] or Write us at [address] [or email us at [email address]] as soon as you can, if you think an error has occurred in your prepaid account. We must allow you to report an error until 60 days after the earlier of the date you electronically access your account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling us at [telephone number] or writing us at [address]. You will need to tell us: Your name and [prepaid account] number. Why you believe there is an error, and the dollar amount involved. Approximately when the error took place. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, [and your account is registered with us,] we will credit your account within 10 business days for the amount you think is in error, so that you will have the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. [Keep reading to learn more about how to register your card.] If you need more information about our error-resolution procedures, call us at [telephone number] [the telephone number shown above] [or visit [internet address]]. (c) Warning regarding unverified prepaid accounts (§1005.18(e)(3)). It is important to register your prepaid account as soon as possible. Until you register your account and we verify your identity, we are not required to research or resolve any errors regarding your account. To register your account, go to [internet address] or call us at [telephone number]. We will ask you for identifying information about yourself (including your full name, address, date of birth, and [Social Security Number] [government-issued identification number]), so that we can verify your identity. If your payment is returned unpaid, you authorize [us/name of person collecting the fee electronically] to make a one-time electronic fund transfer from your account to collect a fee of [$____]. [If your payment is returned unpaid, you authorize [us/name of person collecting the fee electronically] to make a one-time electronic fund transfer from your account to collect a fee. The fee will be determined [by]/[as follows]: View or download PDF A-30(a)—Model Form for Pre-Payment Disclosures for Remittance Transfers Exchanged into Local Currency (§1005.31(b)(1)) A-30(b)—Model Form for Pre-Payment Disclosures for Remittance Transfers Exchanged into Local Currency (§1005.31(b)(1)) A-30(c)—Model Form for Pre-Payment Disclosures for Remittance Transfers Exchanged into Local Currency (§1005.31(b)(1)) A-30(d)—Model Form for Pre-Payment Disclosures for Remittance Transfers Exchanged into Local Currency (§1005.31(b)(1)) A-33—Model Form for Pre-Payment Disclosures for Dollar-to-Dollar Remittance Transfers (§1005.31(b)(1)) A-37—Model Form for Error Resolution and Cancellation Disclosures (Short) (§1005.31(b)(2)(iv) and (b)(2)(vi)) You have a right to dispute errors in your transaction. If you think there is an error, contact us within 180 days at [insert telephone number] or [insert website]. You can also contact us for a written explanation of your rights. You can cancel for a full refund within 30 minutes of payment, unless the funds have been picked up or deposited. For questions or complaints about [insert name of remittance transfer provider], contact: State Regulatory Agency, 800-111-2222, www.stateregulatoryagency.gov Consumer Financial Protection Bureau, 855-411-2372, 855-729-2372 (TTY/TDD), www.consumerfinance.gov A-38—Model Form for Pre-Payment Disclosures for Remittance Transfers Exchanged into Local Currency—Spanish (§1005.31(b)(1)) [76 FR 81023, Dec. 27, 2011, as amended at 77 FR 6290, Feb. 7, 2012; 77 FR 40459, July 10, 2012; 78 FR 30705, May 22, 2013; 79 FR 55991, Sept. 18, 2014; 81 FR 70320, Oct. 12, 2016; 81 FR 84338, Nov. 22, 2016; 83 FR 6419, Feb. 13, 2018] Official Interpretations Pursuant to section 916(d) of the Act, the Bureau has designated the Associate Director and other officials of the Division of Research, Markets, and Regulations as officials “duly authorized” to issue, at their discretion, official interpretations of this part. Except in unusual circumstances, such interpretations will not be issued separately but will be incorporated in an official commentary to this part, which will be amended periodically. Requests for Issuance of Official Interpretations A request for an official interpretation shall be in writing and addressed to the Bureau of Consumer Financial Protection, 1700 G Street NW., Washington, DC 20006. The request shall contain a complete statement of all relevant facts concerning the issue, including copies of all pertinent documents. Scope of Interpretations No interpretations will be issued approving financial institutions' forms or statements. This restriction does not apply to forms or statements whose use is required or sanctioned by a government agency. Section 1005.2 Definitions 2(a) Access Device 1. Examples. The term “access device” includes debit cards, personal identification numbers (PINs), telephone transfer and telephone bill payment codes, and other means that may be used by a consumer to initiate an electronic fund transfer (EFT) to or from a consumer account. The term does not include magnetic tape or other devices used internally by a financial institution to initiate electronic transfers. 2. Checks used to capture information. The term “access device” does not include a check or draft used to capture the Magnetic Ink Character Recognition (MICR) encoding to initiate a one-time automated clearinghouse (ACH) debit. For example, if a consumer authorizes a one-time ACH debit from the consumer's account using a blank, partially completed, or fully completed and signed check for the merchant to capture the routing, account, and serial numbers to initiate the debit, the check is not an access device. (Although the check is not an access device under Regulation E, the transaction is nonetheless covered by the regulation. See comment 3(b)(1)-1.v.) 2(b) Account 1. Consumer asset account. The term “consumer asset account” includes: i. Club accounts, such as vacation clubs. In many cases, however, these accounts are exempt from the regulation under §1005.3(c)(5) because all electronic transfers to or from the account have been preauthorized by the consumer and involve another account of the consumer at the same institution. ii. A retail repurchase agreement (repo), which is a loan made to a financial institution by a consumer that is collateralized by government or government-insured securities. 2. Examples of accounts not covered by Regulation E (12 CFR part 1005) include: i. Profit-sharing and pension accounts established under a trust agreement, which are exempt under §1005.2(b)(2). ii. Escrow accounts, such as those established to ensure payment of items such as real estate taxes, insurance premiums, or completion of repairs or improvements. iii. Accounts for accumulating funds to purchase U.S. savings bonds. Paragraph 2(b)(2) 1. Bona fide trust agreements. The term “bona fide trust agreement” is not defined by the Act or regulation; therefore, financial institutions must look to state or other applicable law for interpretation. 2. Custodial agreements. An account held under a custodial agreement that qualifies as a trust under the Internal Revenue Code, such as an individual retirement account, is considered to be held under a trust agreement for purposes of Regulation E. Paragraph 2(b)(3)(i) 1. Debit card includes prepaid card. For purposes of subpart A of Regulation E, unless otherwise specified, the term debit card also includes a prepaid card. 2. Certain employment-related cards not covered as payroll card accounts. The term “payroll card account” does not include an account used solely to disburse incentive-based payments (other than commissions which can represent the primary means through which a consumer is paid), such as bonuses, which are unlikely to be a consumer's primary source of salary or other compensation. The term also does not include an account used solely to make disbursements unrelated to compensation, such as petty cash reimbursements or travel per diem payments. Similarly, a payroll card account does not include an account that is used in isolated instances to which an employer typically does not make recurring payments, such as when providing final payments or in emergency situations when other payment methods are unavailable. While such accounts would not be payroll card accounts, such accounts could constitute prepaid accounts generally, provided the other conditions of the definition of that term in §1005.2(b)(3) are satisfied. In addition, all transactions involving the transfer of funds to or from a payroll card account or prepaid account are covered by the regulation, even if a particular transaction involves payment of a bonus, other incentive-based payment, or reimbursement, or the transaction does not represent a transfer of wages, salary, or other employee compensation. 3. Marketed or labeled as “prepaid.” The term “marketed or labeled as `prepaid'” means promoting or advertising an account using the term “prepaid.” For example, an account is marketed or labeled as prepaid if the term “prepaid” appears on the access device associated with the account or the access device's packaging materials, or on a display, advertisement, or other publication to promote purchase or use of the account. An account may be marketed or labeled as prepaid if the financial institution, its service provider, including a program manager, or the payment network on which an access device for the account is used, promotes or advertises, or contracts with another party to promote or advertise, the account using the label “prepaid.” A product or service that is marketed or labeled as prepaid is not a “prepaid account” pursuant to §1005.2(b)(3)(i)(C) if it does not otherwise meet the definition of account under §1005.2(b)(1). 4. Issued on a prepaid basis. To be issued on a prepaid basis, a prepaid account must be loaded with funds when it is first provided to the consumer for use. For example, if a consumer purchases a prepaid account and provides funds that are loaded onto a card at the time of purchase, the prepaid account is issued on a prepaid basis. 5. Capable of being loaded with funds. A prepaid account that is not issued on a prepaid basis but is capable of being loaded with funds thereafter includes a prepaid card issued to a consumer with a zero balance to which funds may be loaded by the consumer or a third party subsequent to issuance. 6. Product acting as a pass-through vehicle for funds. To satisfy §1005.2(b)(3)(i)(D), a prepaid account must be issued on a prepaid basis or be capable of being loaded with funds. This means that the prepaid account must be capable of holding funds, rather than merely acting as a pass-through vehicle. For example, if a product, such as a digital wallet, is only capable of storing a consumer's payment credentials for other accounts but is incapable of having funds stored on it, such a product is not a prepaid account. However, if a product allows a consumer to transfer funds, which can be stored before the consumer designates a destination for the funds, the product satisfies §1005.2(b)(3)(i)(D). 7. Not required to be reloadable. Prepaid accounts need not be reloadable by the consumer or a third party. 8. Primary function. To satisfy §1005.2(b)(3)(i)(D), an account's primary function must be to provide consumers with general transaction capability, which includes the general ability to use loaded funds to conduct transactions with multiple, unaffiliated merchants for goods or services, or at automated teller machines, or to conduct person-to-person transfers. This definition excludes accounts that provide such capability only incidentally. For example, the primary function of a brokerage account is to hold funds so that the consumer can conduct transactions through a licensed broker or firm, not to conduct transactions with multiple, unaffiliated merchants for good or services, or at automated teller machines, or to conduct person-to-person transfers. Similarly, the primary function of a savings account is to accrue interest on funds held in the account; such accounts restrict the extent to which the consumer can conduct general transactions and withdrawals. Accordingly, brokerage accounts and savings accounts do not satisfy §1005.2(b)(3)(i)(D), and thus are not prepaid accounts as defined by §1005.2(b)(3). The following examples provide additional guidance: i. An account's primary function is to enable a consumer to conduct transactions with multiple, unaffiliated merchants for goods or services, at automated teller machines, or to conduct person-to-person transfers, even if the account also enables a third party to disburse funds to a consumer. For example, a prepaid account that conveys tax refunds or insurance proceeds to a consumer meets the primary function test if the account can be used, e.g., to purchase goods or services at multiple, unaffiliated merchants. ii. Whether an account satisfies §1005.2(b)(3)(i)(D) is determined by reference to the account, not the access device associated with the account. An account satisfies §1005.2(b)(3)(i)(D) even if the account's access device can be used for other purposes, for example, as a form of identification. Such accounts may include, for example, a prepaid account used to disburse student loan proceeds via a card device that can be used at unaffiliated merchants or to withdraw cash from an automated teller machine, even if that access device also acts as a student identification card. iii. Where multiple accounts are associated with the same access device, the primary function of each account is determined separately. One or more accounts can satisfy §1005.2(b)(3)(i)(D) even if other accounts associated with the same access device do not. For example, a student identification card may act as an access device associated with two separate accounts: An account used to conduct transactions with multiple, unaffiliated merchants for goods or services, and an account used to conduct closed-loop transactions on campus. The account used to conduct transactions with multiple, unaffiliated merchants for goods or services satisfies §1005.2(b)(3)(i)(D), even though the account used to conduct closed-loop transactions does not (and as such the latter is not a prepaid account as defined by §1005.2(b)(3)). iv. An account satisfies §1005.2(b)(3)(i)(D) if its primary function is to provide general transaction capability, even if an individual consumer does not in fact use it to conduct multiple transactions. For example, the fact that a consumer may choose to withdraw the entire account balance at an automated teller machine or transfer it to another account held by the consumer does not change the fact that the account's primary function is to provide general transaction capability. v. An account whose primary function is other than to conduct transactions with multiple, unaffiliated merchants for goods or services, or at automated teller machines, or to conduct person-to-person transfers, does not satisfy §1005.2(b)(3)(i)(D). Such accounts may include, for example, a product whose only function is to make a one-time transfer of funds into a separate prepaid account. 9. Redeemable upon presentation at multiple, unaffiliated merchants. For guidance, see comments 20(a)(3)-1 and -2. 10. Person-to-person transfers. A prepaid account whose primary function is to conduct person-to-person transfers is an account that allows a consumer to send funds by electronic fund transfer to another consumer or business. An account may qualify as a prepaid account if its primary function is person-to-person transfers even if it is neither redeemable upon presentation at multiple, unaffiliated merchants for goods or services, nor usable at automated teller machines. A transaction involving a store gift card would not be a person-to-person transfer if it could only be used to make payments to the merchant or affiliated group of merchants on whose behalf the card was issued. Paragraph 2(b)(3)(ii) 1. Excluded health care and employee benefit related prepaid products. For purposes of §1005.2(b)(3)(ii)(A), “health savings account” means a health savings account as defined in 26 U.S.C. 223(d); “flexible spending arrangement” means a health benefits or a health flexible spending arrangement pursuant to 26 U.S.C. 125; “medical savings account” means an Archer MSA as defined in 26 U.S.C. 220(d); “health reimbursement arrangement” means a health reimbursement arrangement which is treated as employer-provided coverage under an accident or health plan for purposes of 26 U.S.C. 106; “dependent care assistance program” means a dependent care assistance program pursuant to 26 U.S.C. 129; and “transit or parking reimbursement arrangement” means a qualified transportation fringe benefit provided by an employer pursuant to 26 U.S.C. 132. 2. Excluded disaster relief funds. For purposes of §1005.2(b)(3)(ii)(B), “qualified disaster relief funds” means funds made available through a qualified disaster relief program as defined in 26 U.S.C. 139(b). 3. Marketed and labeled as a gift card or gift certificate. Section 1005.2(b)(3)(ii)(D) excludes, among other things, reloadable general-use prepaid cards that are both marketed and labeled as gift cards or gift certificates, whereas §1005.20(b)(2) excludes such products that are marketed or labeled as gift cards or gift certificates. Comment 20(b)(2)-2 describes, in part, a network-branded GPR card that is principally advertised as a less-costly alternative to a bank account but is promoted in a television, radio, newspaper, or internet advertisement, or on signage as “the perfect gift” during the holiday season. For purposes of §1005.20, such a product would be considered marketed as a gift card or gift certificate because of this occasional holiday marketing activity. For purposes of §1005.2(b)(3)(ii)(D), however, such a product would not be considered to be both marketed and labeled as a gift card or gift certificate and thus would be covered by the definition of prepaid account. 4. Loyalty, award, or promotional gift cards. Section 1005.2(b)(3)(ii)(D)(3) excludes loyalty, award, or promotional gift cards as defined in §1005.20(a)(4); those cards are excluded from coverage under §1005.20 pursuant to §1005.20(b)(3). Section 1005.2(b)(3)(ii)(D)(3) also excludes cards that satisfy the criteria in §1005.20(a)(4)(i) and (ii) and are excluded from coverage under §1005.20 pursuant to §1005.20(b)(4) because they are not marketed to the general public; such products are not required to set forth the disclosures enumerated in §1005.20(a)(4)(iii) in order to be excluded pursuant to §1005.2(b)(3)(ii)(D)(3). 2(d) Business Day 1. Duration. A business day includes the entire 24-hour period ending at midnight, and a notice required by the regulation is effective even if given outside normal business hours. The regulation does not require, however, that a financial institution make telephone lines available on a 24-hour basis. 2. Substantially all business functions. Substantially all business functions include both the public and the back-office operations of the institution. For example, if the offices of an institution are open on Saturdays for handling some consumer transactions (such as deposits, withdrawals, and other teller transactions), but not for performing internal functions (such as investigating account errors), then Saturday is not a business day for that institution. In this case, Saturday does not count toward the business-day standard set by the regulation for reporting lost or stolen access devices, resolving errors, etc. 3. Short hours. A financial institution may determine, at its election, whether an abbreviated day is a business day. For example, if an institution engages in substantially all business functions until noon on Saturdays instead of its usual 3 p.m. closing, it may consider Saturday a business day. 4. Telephone line. If a financial institution makes a telephone line available on Sundays for reporting the loss or theft of an access device, but performs no other business functions, Sunday is not a business day under the substantially all business functions standard. 2(h) Electronic Terminal 1. Point-of-sale (POS) payments initiated by telephone. Because the term “electronic terminal” excludes a telephone operated by a consumer, a financial institution need not provide a terminal receipt when: i. A consumer uses a debit card at a public telephone to pay for the call. ii. A consumer initiates a transfer by a means analogous in function to a telephone, such as by home banking equipment or a facsimile machine. 2. POS terminals. A POS terminal that captures data electronically, for debiting or crediting to a consumer's asset account, is an electronic terminal for purposes of Regulation E even if no access device is used to initiate the transaction. See §1005.9 for receipt requirements. 3. Teller-operated terminals. A terminal or other computer equipment operated by an employee of a financial institution is not an electronic terminal for purposes of the regulation. However, transfers initiated at such terminals by means of a consumer's access device (using the consumer's PIN, for example) are EFTs and are subject to other requirements of the regulation. If an access device is used only for identification purposes or for determining the account balance, the transfers are not EFTs for purposes of the regulation. 2(k) Preauthorized Electronic Fund Transfer 1. Advance authorization. A preauthorized electronic fund transfer under Regulation E is one authorized by the consumer in advance of a transfer that will take place on a recurring basis, at substantially regular intervals, and will require no further action by the consumer to initiate the transfer. In a bill-payment system, for example, if the consumer authorizes a financial institution to make monthly payments to a payee by means of EFTs, and the payments take place without further action by the consumer, the payments are preauthorized EFTs. In contrast, if the consumer must take action each month to initiate a payment (such as by entering instructions on a touch-tone telephone or home computer), the payments are not preauthorized EFTs. 2(m) Unauthorized Electronic Fund Transfer 1. Transfer by institution's employee. A consumer has no liability for erroneous or fraudulent transfers initiated by an employee of a financial institution. 2. Authority. If a consumer furnishes an access device and grants authority to make transfers to a person (such as a family member or co-worker) who exceeds the authority given, the consumer is fully liable for the transfers unless the consumer has notified the financial institution that transfers by that person are no longer authorized. 3. Access device obtained through robbery or fraud. An unauthorized EFT includes a transfer initiated by a person who obtained the access device from the consumer through fraud or robbery. 4. Forced initiation. An EFT at an ATM is an unauthorized transfer if the consumer has been induced by force to initiate the transfer. 5. Reversal of direct deposits. The reversal of a direct deposit made in error is not an unauthorized EFT when it involves: i. A credit made to the wrong consumer's account; ii. A duplicate credit made to a consumer's account; or iii. A credit in the wrong amount (for example, when the amount credited to the consumer's account differs from the amount in the transmittal instructions). Section 1005.3 Coverage 3(a) General 1. Accounts covered. The requirements of the regulation apply only to an account for which an agreement for EFT services to or from the account has been entered into between: i. The consumer and the financial institution (including an account for which an access device has been issued to the consumer, for example); ii. The consumer and a third party (for preauthorized debits or credits, for example), when the account-holding institution has received notice of the agreement and the fund transfers have begun. 2. Automated clearing house (ACH) membership. The fact that membership in an ACH requires a financial institution to accept EFTs to accounts at the institution does not make every account of that institution subject to the regulation. 3. Foreign applicability. Regulation E applies to all persons (including branches and other offices of foreign banks located in the United States) that offer EFT services to residents of any state, including resident aliens. It covers any account located in the United States through which EFTs are offered to a resident of a state. This is the case whether or not a particular transfer takes place in the United States and whether or not the financial institution is chartered in the United States or a foreign country. The regulation does not apply to a foreign branch of a U.S. bank unless the EFT services are offered in connection with an account in a state as defined in §1005.2(l). 3(b) Electronic Fund Transfer 3(b)(1) Definition 1. Fund transfers covered. The term “electronic fund transfer” includes: i. A deposit made at an ATM or other electronic terminal (including a deposit in cash or by check) provided a specific agreement exists between the financial institution and the consumer for EFTs to or from the account to which the deposit is made. ii. A transfer sent via ACH. For example, social security benefits under the U.S. Treasury's direct-deposit program are covered, even if the listing of payees and payment amounts reaches the account-holding institution by means of a computer printout from a correspondent bank. iii. A preauthorized transfer credited or debited to an account in accordance with instructions contained on magnetic tape, even if the financial institution holding the account sends or receives a composite check. iv. A transfer from the consumer's account resulting from a debit-card transaction at a merchant location, even if no electronic terminal is involved at the time of the transaction, if the consumer's asset account is subsequently debited for the amount of the transfer. v. A transfer via ACH where a consumer has provided a check to enable the merchant or other payee to capture the routing, account, and serial numbers to initiate the transfer, whether the check is blank, partially completed, or fully completed and signed; whether the check is presented at POS or is mailed to a merchant or other payee or lockbox and later converted to an EFT; or whether the check is retained by the consumer, the merchant or other payee, or the payee's financial institution. vi. A payment made by a bill payer under a bill-payment service available to a consumer via computer or other electronic means, unless the terms of the bill-payment service explicitly state that all payments, or all payments to a particular payee or payees, will be solely by check, draft, or similar paper instrument drawn on the consumer's account, and the payee or payees that will be paid in this manner are identified to the consumer. 2. Fund transfers not covered. The term “electronic fund transfer” does not include: i. A payment that does not debit or credit a consumer asset account, such as a payroll allotment to a creditor to repay a credit extension (which is deducted from salary). ii. A payment made in currency by a consumer to another person at an electronic terminal. iii. A preauthorized check drawn by the financial institution on the consumer's account (such as an interest or other recurring payment to the consumer or another party), even if the check is computer-generated. iv. Transactions arising from the electronic collection, presentment, or return of checks through the check collection system, such as through transmission of electronic check images. 3(b)(2) Electronic Fund Transfer Using Information From a Check 1. Notice at POS not furnished due to inadvertent error. If the copy of the notice under section 1005.3(b)(2)(ii) for electronic check conversion (ECK) transactions is not provided to the consumer at POS because of a bona fide unintentional error, such as when a terminal printing mechanism jams, no violation results if the payee maintains procedures reasonably adapted to avoid such occurrences. 2. Authorization to process a transaction as an EFT or as a check. In order to process a transaction as an EFT, or alternatively as a check, the payee must obtain the consumer's authorization to do so. A payee may, at its option, specify the circumstances under which a check may not be converted to an EFT. See model clauses in appendix A-6. 3. Notice for each transfer. Generally, a notice to authorize an electronic check conversion transaction must be provided for each transaction. For example, a consumer must receive a notice that the transaction will be processed as an EFT for each transaction at POS or each time a consumer mails a check in an accounts receivable (ARC) transaction to pay a bill, such as a utility bill, if the payee intends to convert a check received as payment. Similarly, the consumer must receive notice if the payee intends to collect a service fee for insufficient or uncollected funds via an EFT for each transaction whether at POS or if the consumer mails a check to pay a bill. The notice about when funds may be debited from a consumer's account and the non-return of consumer checks by the consumer's financial institution must also be provided for each transaction. However, if in an ARC transaction, a payee provides a coupon book to a consumer, for example, for mortgage loan payments, and the payment dates and amounts are set out in the coupon book, the payee may provide a single notice on the coupon book stating all of the required disclosures under paragraph (b)(2) of this section in order to obtain authorization for each conversion of a check and any debits via EFT to the consumer's account to collect any service fees imposed by the payee for insufficient or uncollected funds in the consumer's account. The notice must be placed on a conspicuous location of the coupon book that a consumer can retain—for example, on the first page, or inside the front cover. 4. Multiple payments/multiple consumers. If a merchant or other payee will use information from a consumer's check to initiate an EFT from the consumer's account, notice to a consumer listed on the billing account that a check provided as payment during a single billing cycle or after receiving an invoice or statement will be processed as a one-time EFT or as a check transaction constitutes notice for all checks provided in payment for the billing cycle or the invoice for which notice has been provided, whether the check(s) is submitted by the consumer or someone else. The notice applies to all checks provided in payment for the billing cycle or invoice until the provision of notice on or with the next invoice or statement. Thus, if a merchant or other payee receives a check as payment for the consumer listed on the billing account after providing notice that the check will be processed as a one-time EFT, the authorization from that consumer constitutes authorization to convert any other checks provided for that invoice or statement. Other notices required under this paragraph (b)(2) (for example, to collect a service fee for insufficient or uncollected funds via an EFT) provided to the consumer listed on the billing account also constitutes notice to any other consumer who may provide a check for the billing cycle or invoice. 5. Additional disclosures about ECK transactions at POS. When a payee initiates an EFT at POS using information from the consumer's check, and returns the check to the consumer at POS, the payee need not provide a notice to the consumer that the check will not be returned by the consumer's financial institution. 3(b)(3) Collection of Returned Item Fees via Electronic Fund Transfer 1. Fees imposed by account-holding institution. The requirement to obtain a consumer's authorization to collect a fee via EFT for the return of an EFT or check unpaid applies only to the person that intends to initiate an EFT to collect the returned item fee from the consumer's account. The authorization requirement does not apply to any fees assessed by the consumer's account-holding financial institution when it returns the unpaid underlying EFT or check or pays the amount of an overdraft. 2. Accounts receivable transactions. In an ARC transaction where a consumer sends in a payment for amounts owed (or makes an in-person payment at a biller's physical location, such as when a consumer makes a loan payment at a bank branch or places a payment in a drop box), a person seeking to electronically collect a fee for items returned unpaid must obtain the consumer's authorization to collect the fee in this manner. A consumer authorizes a person to electronically collect a returned item fee when the consumer receives notice, typically on an invoice or statement, that the person may collect the fee through an EFT to the consumer's account, and the consumer goes forward with the underlying transaction by providing payment. The notice must also state the dollar amount of the fee. However, an explanation of how that fee will be determined may be provided in place of the dollar amount of the fee if the fee may vary due to the amount of the transaction or due to other factors, such as the number of days the underlying transaction is left outstanding. For example, if a state law permits a maximum fee of $30 or 10% of the underlying transaction, whichever is greater, the person collecting the fee may explain how the fee is determined, rather than state a specific dollar amount for the fee. 3. Disclosure of dollar amount of fee for POS transactions. The notice provided to the consumer in connection with a POS transaction under §1005.3(b)(3)(ii) must state the amount of the fee for a returned item if the dollar amount of the fee can be calculated at the time the notice is provided or mailed. For example, if notice is provided to the consumer at the time of the transaction, if the applicable state law sets a maximum fee that may be collected for a returned item based on the amount of the underlying transaction (such as where the amount of the fee is expressed as a percentage of the underlying transaction), the person collecting the fee must state the actual dollar amount of the fee on the notice provided to the consumer. Alternatively, if the amount of the fee to be collected cannot be calculated at the time of the transaction (for example, where the amount of the fee will depend on the number of days a debt continues to be owed), the person collecting the fee may provide a description of how the fee will be determined on both the posted notice as well as on the notice provided at the time of the transaction. However, if the person collecting the fee elects to send the consumer notice after the person has initiated an EFT to collect the fee, that notice must state the amount of the fee to be collected. 4. Third party providing notice. The person initiating an EFT to a consumer's account to electronically collect a fee for an item returned unpaid may obtain the authorization and provide the notices required under §1005.3(b)(3) through third parties, such as merchants. 3(c) Exclusions From Coverage 3(c)(1) Checks 1. Re-presented checks. The electronic re-presentment of a returned check is not covered by Regulation E because the transaction originated by check. Regulation E does apply, however, to any fee debited via an EFT from a consumer's account by the payee because the check was returned for insufficient or uncollected funds. The person debiting the fee electronically must obtain the consumer's authorization. 2. Check used to capture information for a one-time EFT. See comment 3(b)(1)-1.v. 3(c)(2) Check Guarantee or Authorization 1. Memo posting. Under a check guarantee or check authorization service, debiting of the consumer's account occurs when the check or draft is presented for payment. These services are exempt from coverage, even when a temporary hold on the account is memo-posted electronically at the time of authorization. 3(c)(3) Wire or Other Similar Transfers 1. Fedwire and ACH. If a financial institution makes a fund transfer to a consumer's account after receiving funds through Fedwire or a similar network, the transfer by ACH is covered by the regulation even though the Fedwire or network transfer is exempt. 2. Article 4A. Financial institutions that offer telephone-initiated Fedwire payments are subject to the requirements of UCC section 4A-202, which encourages verification of Fedwire payment orders pursuant to a security procedure established by agreement between the consumer and the receiving bank. These transfers are not subject to Regulation E and the agreement is not considered a telephone plan if the service is offered separately from a telephone bill-payment or other prearranged plan subject to Regulation E. Regulation J of the Board of Governors of the Federal Reserve System (12 CFR part 210) specifies the rules applicable to funds handled by Federal Reserve Banks. To ensure that the rules for all fund transfers through Fedwire are consistent, the Board of Governors used its preemptive authority under UCC section 4A-107 to determine that subpart B of the Board's Regulation J, including the provisions of Article 4A, applies to all fund transfers through Fedwire, even if a portion of the fund transfer is governed by the EFTA. The portion of the fund transfer that is governed by the EFTA is not governed by subpart B of the Board's Regulation J. 3. Similar fund transfer systems. Fund transfer systems that are similar to Fedwire include the Clearing House Interbank Payments System (CHIPS), Society for Worldwide Interbank Financial Telecommunication (SWIFT), Telex, and transfers made on the books of correspondent banks. 3(c)(4) Securities and Commodities Transfers 1. Coverage. The securities exemption applies to securities and commodities that may be sold by a registered broker-dealer or futures commission merchant, even when the security or commodity itself is not regulated by the Securities and Exchange Commission or the Commodity Futures Trading Commission. 2. Example of exempt transfer. The exemption applies to a transfer involving a transfer initiated by a telephone order to a stockbroker to buy or sell securities or to exercise a margin call. 3. Examples of nonexempt transfers. The exemption does not apply to a transfer involving: i. A debit card or other access device that accesses a securities or commodities account such as a money market mutual fund and that the consumer uses for purchasing goods or services or for obtaining cash. ii. A payment of interest or dividends into the consumer's account (for example, from a brokerage firm or from a Federal Reserve Bank for government securities). 3(c)(5) Automatic Transfers by Account-Holding Institution 1. Automatic transfers exempted. The exemption applies to: i. Electronic debits or credits to consumer accounts for check charges, stop-payment charges, non-sufficient funds (NSF) charges, overdraft charges, provisional credits, error adjustments, and similar items that are initiated automatically on the occurrence of certain events. ii. Debits to consumer accounts for group insurance available only through the financial institution and payable only by means of an aggregate payment from the institution to the insurer. iii. EFTs between a thrift institution and its paired commercial bank in the state of Rhode Island, which are deemed under state law to be intra-institutional. iv. Automatic transfers between a consumer's accounts within the same financial institution, even if the account holders on the two accounts are not identical. 2. Automatic transfers not exempted. Transfers between accounts of the consumer at affiliated institutions (such as between a bank and its subsidiary or within a holding company) are not intra-institutional transfers, and thus do not qualify for the exemption. 3(c)(6) Telephone-Initiated Transfers 1. Written plan or agreement. A transfer that the consumer initiates by telephone is covered by Regulation E if the transfer is made under a written plan or agreement between the consumer and the financial institution making the transfer. A written statement available to the public or to account holders that describes a service allowing a consumer to initiate transfers by telephone constitutes a plan; for example, a brochure, or material included with periodic statements. The following, however, do not by themselves constitute a written plan or agreement: i. A hold-harmless agreement on a signature card that protects the institution if the consumer requests a transfer. ii. A legend on a signature card, periodic statement, or passbook that limits the number of telephone-initiated transfers the consumer can make from a savings account because of reserve requirements under Regulation D of the Board of Governors of the Federal Reserve System (12 CFR part 204). iii. An agreement permitting the consumer to approve by telephone the rollover of funds at the maturity of an instrument. 2. Examples of covered transfers. When a written plan or agreement has been entered into, a transfer initiated by a telephone call from a consumer is covered even though: i. An employee of the financial institution completes the transfer manually (for example, by means of a debit memo or deposit slip). ii. The consumer is required to make a separate request for each transfer. iii. The consumer uses the plan infrequently. iv. The consumer initiates the transfer via a facsimile machine. v. The consumer initiates the transfer using a financial institution's audio-response or voice-response telephone system. 3(c)(7) Small Institutions 1. Coverage. This exemption is limited to preauthorized transfers; institutions that offer other EFTs must comply with the applicable sections of the regulation as to such services. The preauthorized transfers remain subject to sections 913, 916, and 917 of the Act and §1005.10(e), and are therefore exempt from UCC Article 4A. Section 1005.4 General Disclosure Requirements; Jointly Offered Services 4(a) Form of Disclosures 1. General. The disclosures required by this part must be in a clear and readily understandable written form that the consumer may retain. Additionally, except as otherwise set forth in §§1005.18(b)(7) and 1005.31(c), no particular rules govern type size, number of pages, or the relative conspicuousness of various terms. Numbers or codes are considered readily understandable if explained elsewhere on the disclosure form. 2. Foreign language disclosures. Disclosures may be made in languages other than English, provided they are available in English upon request. Section 1005.5 Issuance of Access Devices 1. Coverage. The provisions of this section limit the circumstances under which a financial institution may issue an access device to a consumer. Making an additional account accessible through an existing access device is equivalent to issuing an access device and is subject to the limitations of this section. 5(a) Solicited Issuance Paragraph 5(a)(1) 1. Joint account. For a joint account, a financial institution may issue an access device to each account holder if the requesting holder specifically authorizes the issuance. 2. Permissible forms of request. The request for an access device may be written or oral (for example, in response to a telephone solicitation by a card issuer). 1. One-for-one rule. In issuing a renewal or substitute access device, only one renewal or substitute device may replace a previously issued device. For example, only one new card and PIN may replace a card and PIN previously issued. A financial institution may provide additional devices at the time it issues the renewal or substitute access device, however, provided the institution complies with §1005.5(b). See comment 5(b)-5. If the replacement device or the additional device permits either fewer or additional types of electronic fund transfer services, a change-in-terms notice or new disclosures are required. 2. Renewal or substitution by a successor institution. A successor institution is an entity that replaces the original financial institution (for example, following a corporate merger or acquisition) or that acquires accounts or assumes the operation of an EFT system. 5(b) Unsolicited Issuance 1. Compliance. A financial institution may issue an unsolicited access device (such as the combination of a debit card and PIN) if the institution's ATM system has been programmed not to accept the access device until after the consumer requests and the institution validates the device. Merely instructing a consumer not to use an unsolicited debit card and PIN until after the institution verifies the consumer's identity does not comply with the regulation. 2. PINs. A financial institution may impose no liability on a consumer for unauthorized transfers involving an unsolicited access device until the device becomes an “accepted access device” under the regulation. A card and PIN combination may be treated as an accepted access device once the consumer has used it to make a transfer. 3. Functions of PIN. If an institution issues a PIN at the consumer's request, the issuance may constitute both a way of validating the debit card and the means to identify the consumer (required as a condition of imposing liability for unauthorized transfers). 4. Verification of identity. To verify the consumer's identity, a financial institution may use any reasonable means, such as a photograph, fingerprint, personal visit, signature comparison, or personal information about the consumer. However, even if reasonable means were used, if an institution fails to verify correctly the consumer's identity and an imposter succeeds in having the device validated, the consumer is not liable for any unauthorized transfers from the account. 5. Additional access devices in a renewal or substitution. A financial institution may issue more than one access device in connection with the renewal or substitution of a previously issued accepted access device, provided that any additional access device (beyond the device replacing the accepted access device) is not validated at the time it is issued, and the institution complies with the other requirements of §1005.5(b). The institution may, if it chooses, set up the validation procedure such that both the device replacing the previously issued device and the additional device are not validated at the time they are issued, and validation will apply to both devices. If the institution sets up the validation procedure in this way, the institution should provide a clear and readily understandable disclosure to the consumer that both devices are unvalidated and that validation will apply to both devices. Section 1005.6 Liability of Consumer for Unauthorized Transfers 6(a) Conditions for Liability 1. Means of identification. A financial institution may use various means for identifying the consumer to whom the access device is issued, including but not limited to: i. Electronic or mechanical confirmation (such as a PIN). ii. Comparison of the consumer's signature, fingerprint, or photograph. 2. Multiple users. When more than one access device is issued for an account, the financial institution may, but need not, provide a separate means to identify each user of the account. 6(b) Limitations on Amount of Liability 1. Application of liability provisions. There are three possible tiers of consumer liability for unauthorized EFTs depending on the situation. A consumer may be liable for: (1) up to $50; (2) up to $500; or (3) an unlimited amount depending on when the unauthorized EFT occurs. More than one tier may apply to a given situation because each corresponds to a different (sometimes overlapping) time period or set of conditions. 2. Consumer negligence. Negligence by the consumer cannot be used as the basis for imposing greater liability than is permissible under Regulation E. Thus, consumer behavior that may constitute negligence under state law, such as writing the PIN on a debit card or on a piece of paper kept with the card, does not affect the consumer's liability for unauthorized transfers. (However, refer to comment 2(m)-2 regarding termination of the authority of given by the consumer to another person.) 3. Limits on liability. The extent of the consumer's liability is determined solely by the consumer's promptness in reporting the loss or theft of an access device. Similarly, no agreement between the consumer and an institution may impose greater liability on the consumer for an unauthorized transfer than the limits provided in Regulation E. 6(b)(1) Timely Notice Given 1. $50 limit applies. The basic liability limit is $50. For example, the consumer's card is lost or stolen on Monday and the consumer learns of the loss or theft on Wednesday. If the consumer notifies the financial institution within two business days of learning of the loss or theft (by midnight Friday), the consumer's liability is limited to $50 or the amount of the unauthorized transfers that occurred before notification, whichever is less. 2. Knowledge of loss or theft of access device. The fact that a consumer has received a periodic statement that reflects unauthorized transfers may be a factor in determining whether the consumer had knowledge of the loss or theft, but cannot be deemed to represent conclusive evidence that the consumer had such knowledge. 3. Two business day rule. The two business day period does not include the day the consumer learns of the loss or theft or any day that is not a business day. The rule is calculated based on two 24-hour periods, without regard to the financial institution's business hours or the time of day that the consumer learns of the loss or theft. For example, a consumer learns of the loss or theft at 6 p.m. on Friday. Assuming that Saturday is a business day and Sunday is not, the two business day period begins on Saturday and expires at 11:59 p.m. on Monday, not at the end of the financial institution's business day on Monday. 6(b)(2) Timely Notice Not Given 1. $500 limit applies. The second tier of liability is $500. For example, the consumer's card is stolen on Monday and the consumer learns of the theft that same day. The consumer reports the theft on Friday. The $500 limit applies because the consumer failed to notify the financial institution within two business days of learning of the theft (which would have been by midnight Wednesday). How much the consumer is actually liable for, however, depends on when the unauthorized transfers take place. In this example, assume a $100 unauthorized transfer was made on Tuesday and a $600 unauthorized transfer on Thursday. Because the consumer is liable for the amount of the loss that occurs within the first two business days (but no more than $50), plus the amount of the unauthorized transfers that occurs after the first two business days and before the consumer gives notice, the consumer's total liability is $500 ($50 of the $100 transfer plus $450 of the $600 transfer, in this example). But if $600 was taken on Tuesday and $100 on Thursday, the consumer's maximum liability would be $150 ($50 of the $600 plus $100). 6(b)(3) Periodic Statement; Timely Notice Not Given 1. Unlimited liability applies. The standard of unlimited liability applies if unauthorized transfers appear on a periodic statement, and may apply in conjunction with the first two tiers of liability. If a periodic statement shows an unauthorized transfer made with a lost or stolen debit card, the consumer must notify the financial institution within 60 calendar days after the periodic statement was sent; otherwise, the consumer faces unlimited liability for all unauthorized transfers made after the 60-day period. The consumer's liability for unauthorized transfers before the statement is sent, and up to 60 days following, is determined based on the first two tiers of liability: up to $50 if the consumer notifies the financial institution within two business days of learning of the loss or theft of the card and up to $500 if the consumer notifies the institution after two business days of learning of the loss or theft. 2. Transfers not involving access device. The first two tiers of liability do not apply to unauthorized transfers from a consumer's account made without an access device. If, however, the consumer fails to report such unauthorized transfers within 60 calendar days of the financial institution's transmittal of the periodic statement, the consumer may be liable for any transfers occurring after the close of the 60 days and before notice is given to the institution. For example, a consumer's account is electronically debited for $200 without the consumer's authorization and by means other than the consumer's access device. If the consumer notifies the institution within 60 days of the transmittal of the periodic statement that shows the unauthorized transfer, the consumer has no liability. However, if in addition to the $200, the consumer's account is debited for a $400 unauthorized transfer on the 61st day and the consumer fails to notify the institution of the first unauthorized transfer until the 62nd day, the consumer may be liable for the full $400. 6(b)(4) Extension of Time Limits 1. Extenuating circumstances. Examples of circumstances that require extension of the notification periods under this section include the consumer's extended travel or hospitalization. 6(b)(5) Notice to Financial Institution 1. Receipt of notice. A financial institution is considered to have received notice for purposes of limiting the consumer's liability if notice is given in a reasonable manner, even if the consumer notifies the institution but uses an address or telephone number other than the one specified by the institution. 2. Notice by third party. Notice to a financial institution by a person acting on the consumer's behalf is considered valid under this section. For example, if a consumer is hospitalized and unable to report the loss or theft of an access device, notice is considered given when someone acting on the consumer's behalf notifies the bank of the loss or theft. A financial institution may require appropriate documentation from the person representing the consumer to establish that the person is acting on the consumer's behalf. 3. Content of notice. Notice to a financial institution is considered given when a consumer takes reasonable steps to provide the institution with the pertinent account information. Even when the consumer is unable to provide the account number or the card number in reporting a lost or stolen access device or an unauthorized transfer, the notice effectively limits the consumer's liability if the consumer otherwise identifies sufficiently the account in question. For example, the consumer may identify the account by the name on the account and the type of account in question. Section 1005.7 Initial Disclosures 7(a) Timing of Disclosures 1. Early disclosures. Disclosures given by a financial institution earlier than the regulation requires (for example, when the consumer opens a checking account) need not be repeated when the consumer later enters into an agreement with a third party to initiate preauthorized transfers to or from the consumer's account, unless the terms and conditions differ from those that the institution previously disclosed. This interpretation also applies to any notice provided about one-time EFTs from a consumer's account initiated using information from the consumer's check. On the other hand, if an agreement for EFT services to be provided by an account-holding institution is directly between the consumer and the account-holding institution, disclosures must be given in close proximity to the event requiring disclosure, for example, when the consumer contracts for a new service. 2. Lack of advance notice of a transfer. Where a consumer authorizes a third party to debit or credit the consumer's account, an account-holding institution that has not received advance notice of the transfer or transfers must provide the required disclosures as soon as reasonably possible after the first debit or credit is made, unless the institution has previously given the disclosures. 3. Addition of new accounts. If a consumer opens a new account permitting EFTs at a financial institution, and the consumer already has received Regulation E disclosures for another account at that institution, the institution need only disclose terms and conditions that differ from those previously given. 4. Addition of service in interchange systems. If a financial institution joins an interchange or shared network system (which provides access to terminals operated by other institutions), disclosures are required for additional EFT services not previously available to consumers if the terms and conditions differ from those previously disclosed. 5. Disclosures covering all EFT services offered. An institution may provide disclosures covering all EFT services that it offers, even if some consumers have not arranged to use all services. 7(b) Content of Disclosures 7(b)(1) Liability of Consumer 1. No liability imposed by financial institution. If a financial institution chooses to impose zero liability for unauthorized EFTs, it need not provide the liability disclosures. If the institution later decides to impose liability, however, it must first provide the disclosures. 2. Preauthorized transfers. If the only EFTs from an account are preauthorized transfers, liability could arise if the consumer fails to report unauthorized transfers reflected on a periodic statement. To impose such liability on the consumer, the institution must have disclosed the potential liability and the telephone number and address for reporting unauthorized transfers. 3. Additional information. At the institution's option, the summary of the consumer's liability may include advice on promptly reporting unauthorized transfers or the loss or theft of the access device. 7(b)(2) Telephone Number and Address 1. Disclosure of telephone numbers. An institution may use the same or different telephone numbers in the disclosures for the purpose of: i. Reporting the loss or theft of an access device or possible unauthorized transfers; ii. Inquiring about the receipt of a preauthorized credit; iii. Stopping payment of a preauthorized debit; iv. Giving notice of an error. 2. Location of telephone number. The telephone number need not be incorporated into the text of the disclosure; for example, the institution may instead insert a reference to a telephone number that is readily available to the consumer, such as “Call your branch office. The number is shown on your periodic statement.” However, an institution must provide a specific telephone number and address, on or with the disclosure statement, for reporting a lost or stolen access device or a possible unauthorized transfer. 7(b)(4) Types of Transfers; Limitations 1. Security limitations. Information about limitations on the frequency and dollar amount of transfers generally must be disclosed in detail, even if related to security aspects of the system. If the confidentiality of certain details is essential to the security of an account or system, these details may be withheld (but the fact that limitations exist must still be disclosed). For example, an institution limits cash ATM withdrawals to $100 per day. The institution may disclose that daily withdrawal limitations apply and need not disclose that the limitations may not always be in force (such as during periods when its ATMs are off-line). 2. Restrictions on certain deposit accounts. A limitation on account activity that restricts the consumer's ability to make EFTs must be disclosed even if the restriction also applies to transfers made by non-electronic means. For example, Regulation D of the Board of Governors of the Federal Reserve System (12 CFR part 204) restricts the number of payments to third parties that may be made from a money market deposit account; an institution that does not execute fund transfers in excess of those limits must disclose the restriction as a limitation on the frequency of EFTs. 3. Preauthorized transfers. Financial institutions are not required to list preauthorized transfers among the types of transfers that a consumer can make. 4. One-time EFTs initiated using information from a check. Financial institutions must disclose the fact that one-time EFTs initiated using information from a consumer's check are among the types of transfers that a consumer can make. See appendix A-2. 7(b)(5) Fees 1. Disclosure of EFT fees. An institution is required to disclose all fees for EFTs or the right to make them. Others fees (for example, minimum-balance fees, stop-payment fees, or account overdrafts) may, but need not, be disclosed. But see Regulation DD, 12 CFR part 1030. An institution is not required to disclose fees for inquiries made at an ATM since no transfer of funds is involved. 2. Fees also applicable to non-EFT. A per-item fee for EFTs must be disclosed even if the same fee is imposed on non-electronic transfers. If a per-item fee is imposed only under certain conditions, such as when the transactions in the cycle exceed a certain number, those conditions must be disclosed. Itemization of the various fees may be provided on the disclosure statement or on an accompanying document that is referenced in the statement. 3. Interchange system fees. Fees paid by the account-holding institution to the operator of a shared or interchange ATM system need not be disclosed, unless they are imposed on the consumer by the account-holding institution. Fees for use of an ATM that are debited directly from the consumer's account by an institution other than the account-holding institution (for example, fees included in the transfer amount) need not be disclosed. See §1005.7(b)(11) for the general notice requirement regarding fees that may be imposed by ATM operators and by a network used to complete the transfer. 7(b)(9) Confidentiality 1. Information provided to third parties. An institution must describe the circumstances under which any information relating to an account to or from which EFTs are permitted will be made available to third parties, not just information concerning those EFTs. The term “third parties” includes affiliates such as other subsidiaries of the same holding company. 7(b)(10) Error Resolution 1. Substantially similar. The error resolution notice must be substantially similar to the model form in appendix A of part 1005. An institution may use different wording so long as the substance of the notice remains the same, may delete inapplicable provisions (for example, the requirement for written confirmation of an oral notification), and may substitute substantive state law requirements affording greater consumer protection than Regulation E. 2. Extended time-period for certain transactions. To take advantage of the longer time periods for resolving errors under §1005.11(c)(3) (for new accounts as defined in Regulation CC of the Board of Governors of the Federal Reserve System (12 CFR part 229), transfers initiated outside the United States, or transfers resulting from POS debit-card transactions), a financial institution must have disclosed these longer time periods. Similarly, an institution that relies on the exception from provisional crediting in §1005.11(c)(2) for accounts subject to Regulation T of the Board of Governors of the Federal Reserve System (12 CFR part 220) must have disclosed accordingly. 7(c) Addition of Electronic Fund Transfer Services 1. Addition of electronic check conversion services. One-time EFTs initiated using information from a consumer's check are a new type of transfer requiring new disclosures, as applicable. See appendix A-2. Section 1005.8 Change-in-Terms Notice; Error Resolution Notice 8(a) Change-in-Terms Notice 1. Form of notice. No specific form or wording is required for a change-in-terms notice. The notice may appear on a periodic statement, or may be given by sending a copy of a revised disclosure statement, provided attention is directed to the change (for example, in a cover letter referencing the changed term). 2. Changes not requiring notice. The following changes do not require disclosure: i. Closing some of an institution's ATMs; ii. Cancellation of an access device. 3. Limitations on transfers. When the initial disclosures omit details about limitations because secrecy is essential to the security of the account or system, a subsequent increase in those limitations need not be disclosed if secrecy is still essential. If, however, an institution had no limits in place when the initial disclosures were given and now wishes to impose limits for the first time, it must disclose at least the fact that limits have been adopted. See also §1005.7(b)(4) and the related commentary. 4. Change in telephone number or address. When a financial institution changes the telephone number or address used for reporting possible unauthorized transfers, a change-in-terms notice is required only if the institution will impose liability on the consumer for unauthorized transfers under §1005.6. See also §1005.6(a) and the related commentary. 8(b) Error Resolution Notice 1. Change between annual and periodic notice. If an institution switches from an annual to a periodic notice, or vice versa, the first notice under the new method must be sent no later than 12 months after the last notice sent under the old method. 2. Exception for new accounts. For new accounts, disclosure of the longer error resolution time periods under §1005.11(c)(3) is not required in the annual error resolution notice or in the notice that may be provided with each periodic statement as an alternative to the annual notice. Section 1005.9 Receipts at Electronic Terminals; Periodic Statements 9(a) Receipts at Electronic Terminals 1. Receipts furnished only on request. The regulation requires that a receipt be “made available.” A financial institution may program its electronic terminals to provide a receipt only to consumers who elect to receive one. 2. Third party providing receipt. An account-holding institution may make terminal receipts available through third parties such as merchants or other financial institutions. 3. Inclusion of promotional material. A financial institution may include promotional material on receipts if the required information is set forth clearly (for example, by separating it from the promotional material). In addition, a consumer may not be required to surrender the receipt or that portion containing the required disclosures in order to take advantage of a promotion. 4. Transfer not completed. The receipt requirement does not apply to a transfer that is initiated but not completed (for example, if the ATM is out of currency or the consumer decides not to complete the transfer). 5. Receipts not furnished due to inadvertent error. If a receipt is not provided to the consumer because of a bona fide unintentional error, such as when a terminal runs out of paper or the mechanism jams, no violation results if the financial institution maintains procedures reasonably adapted to avoid such occurrences. 6. Multiple transfers. If the consumer makes multiple transfers at the same time, the financial institution may document them on a single or on separate receipts. 9(a)(1) Amount 1. Disclosure of transaction fee. The required display of a fee amount on or at the terminal may be accomplished by displaying the fee on a sign at the terminal or on the terminal screen for a reasonable duration. Displaying the fee on a screen provides adequate notice, as long as a consumer is given the option to cancel the transaction after receiving notice of a fee. See §1005.16 for the notice requirements applicable to ATM operators that impose a fee for providing EFT services. 2. Relationship between §1005.9(a)(1) and §1005.16. The requirements of §§1005.9(a)(1) and 1005.16 are similar but not identical. i. Section 1005.9(a)(1) requires that if the amount of the transfer as shown on the receipt will include the fee, then the fee must be disclosed either on a sign on or at the terminal, or on the terminal screen. Section 1005.16 requires disclosure both on a sign on or at the terminal (in a prominent and conspicuous location) and on the terminal screen. Section 1005.16 permits disclosure on a paper notice as an alternative to the on-screen disclosure. ii. The disclosure of the fee on the receipt under §1005.9(a)(1) cannot be used to comply with the alternative paper disclosure procedure under §1005.16, if the receipt is provided at the completion of the transaction because, pursuant to the statute, the paper notice must be provided before the consumer is committed to paying the fee. iii. Section 1005.9(a)(1) applies to any type of electronic terminal as defined in Regulation E (for example, to POS terminals as well as to ATMs), while §1005.16 applies only to ATMs. 9(a)(2) Date 1. Calendar date. The receipt must disclose the calendar date on which the consumer uses the electronic terminal. An accounting or business date may be disclosed in addition if the dates are clearly distinguished. 9(a)(3) Type 1. Identifying transfer and account. Examples identifying the type of transfer and the type of the consumer's account include “withdrawal from checking,” “transfer from savings to checking,” or “payment from savings.” 2. Exception. Identification of an account is not required when the consumer can access only one asset account at a particular time or terminal, even if the access device can normally be used to access more than one account. For example, the consumer may be able to access only one particular account at terminals not operated by the account-holding institution, or may be able to access only one particular account when the terminal is off-line. The exception is available even if, in addition to accessing one asset account, the consumer also can access a credit line. 3. Access to multiple accounts. If the consumer can use an access device to make transfers to or from different accounts of the same type, the terminal receipt must specify which account was accessed, such as “withdrawal from checking I” or “withdrawal from checking II.” If only one account besides the primary checking account can be debited, the receipt can identify the account as “withdrawal from other account.” 4. Generic descriptions. Generic descriptions may be used for accounts that are similar in function, such as share draft or NOW accounts and checking accounts. In a shared system, for example, when a credit union member initiates transfers to or from a share draft account at a terminal owned or operated by a bank, the receipt may identify a withdrawal from the account as a “withdrawal from checking.” 5. Point-of-sale transactions. There is no prescribed terminology for identifying a transfer at a merchant's POS terminal. A transfer may be identified, for example, as a purchase, a sale of goods or services, or a payment to a third party. When a consumer obtains cash from a POS terminal in addition to purchasing goods, or obtains cash only, the documentation need not differentiate the transaction from one involving the purchase of goods. 9(a)(5) Terminal Location 1. Options for identifying terminal. The institution may provide either: i. The city, state or foreign country, and the information in §1005.9(a)(5) (i), (ii), or (iii), or ii. A number or a code identifying the terminal. If the institution chooses the second option, the code or terminal number identifying the terminal where the transfer is initiated may be given as part of a transaction code. 2. Omission of city name. The city may be omitted if the generally accepted name (such as a branch name) contains the city name. 3. Omission of a state. A state may be omitted from the location information on the receipt if: i. All the terminals owned or operated by the financial institution providing the statement (or by the system in which it participates) are located in that state, or ii. All transfers occur at terminals located within 50 miles of the financial institution's main office. 4. Omission of a city and state. A city and state may be omitted if all the terminals owned or operated by the financial institution providing the statement (or by the system in which it participates) are located in the same city. Paragraph 9(a)(5)(i) 1. Street address. The address should include number and street (or intersection); the number (or intersecting street) may be omitted if the street alone uniquely identifies the terminal location. Paragraph 9(a)(5)(ii) 1. Generally accepted name. Examples of a generally accepted name for a specific location include a branch of the financial institution, a shopping center, or an airport. Paragraph 9(a)(5)(iii) 1. Name of owner or operator of terminal. Examples of an owner or operator of a terminal are a financial institution or a retail merchant. 9(a)(6) Third Party Transfer 1. Omission of third-party name. The receipt need not disclose the third-party name if the name is provided by the consumer in a form that is not machine readable (for example, if the consumer indicates the payee by depositing a payment stub into the ATM). If, on the other hand, the consumer keys in the identity of the payee, the receipt must identify the payee by name or by using a code that is explained elsewhere on the receipt. 2. Receipt as proof of payment. Documentation required under the regulation constitutes prima facie proof of a payment to another person, except in the case of a terminal receipt documenting a deposit. 9(b) Periodic Statements 1. Periodic cycles. Periodic statements may be sent on a cycle that is shorter than monthly. The statements must correspond to periodic cycles that are reasonably equal, that is, do not vary by more than four days from the regular cycle. The requirement of reasonably equal cycles does not apply when an institution changes cycles for operational or other reasons, such as to establish a new statement day or date. 2. Interim statements. Generally, a financial institution must provide periodic statements for each monthly cycle in which an EFT occurs, and at least quarterly if a transfer has not occurred. Where EFTs occur between regularly-scheduled cycles, interim statements must be provided. For example, if an institution issues quarterly statements at the end of March, June, September and December, and the consumer initiates an EFT in February, an interim statement for February must be provided. If an interim statement contains interest or rate information, the institution must comply with Regulation DD, 12 CFR 1030.6. 3. Inactive accounts. A financial institution need not send statements to consumers whose accounts are inactive as defined by the institution. 4. Statement pickup. A financial institution may permit, but may not require, consumers to pick up their periodic statements at the financial institution. 5. Periodic statements limited to EFT activity. A financial institution that uses a passbook as the primary means for displaying account activity, but also allows the account to be debited electronically, may provide a periodic statement requirement that reflects only the EFTs and other required disclosures (such as charges, account balances, and address and telephone number for inquiries). See §1005.9(c)(1)(i) for the exception applicable to preauthorized transfers for passbook accounts. 6. Codes and accompanying documents. To meet the documentation requirements for periodic statements, a financial institution may: i. Include copies of terminal receipts to reflect transfers initiated by the consumer at electronic terminals; ii. Enclose posting memos, deposit slips, and other documents that, together with the statement, disclose all the required information; iii. Use codes for names of third parties or terminal locations and explain the information to which the codes relate on an accompanying document. 9(b)(1) Transaction Information 1. Information obtained from others. While financial institutions must maintain reasonable procedures to ensure the integrity of data obtained from another institution, a merchant, or other third parties, verification of each transfer that appears on the periodic statement is not required. 1. Incorrect deposit amount. If a financial institution determines that the amount actually deposited at an ATM is different from the amount entered by the consumer, the institution need not immediately notify the consumer of the discrepancy. The periodic statement reflecting the deposit may show either the correct amount of the deposit or the amount entered by the consumer along with the institution's adjustment. Paragraph 9(b)(1)(iii) 1. Type of transfer. There is no prescribed terminology for describing a type of transfer. Placement of the amount of the transfer in the debit or the credit column is sufficient if other information on the statement, such as a terminal location or third-party name, enables the consumer to identify the type of transfer. Paragraph 9(b)(1)(iv) 1. Nonproprietary terminal in network. An institution need not reflect on the periodic statement the street addresses, identification codes, or terminal numbers for transfers initiated in a shared or interchange system at a terminal operated by an institution other than the account-holding institution. The statement must, however, specify the entity that owns or operates the terminal, plus the city and state. Paragraph 9(b)(1)(v) 1. Recurring payments by government agency. The third-party name for recurring payments from Federal, state, or local governments need not list the particular agency. For example, “U.S. gov't” or “N.Y. sal” will suffice. 2. Consumer as third-party payee. If a consumer makes an electronic fund transfer to another consumer, the financial institution must identify the recipient by name (not just by an account number, for example). 3. Terminal location/third party. A single entry may be used to identify both the terminal location and the name of the third party to or from whom funds are transferred. For example, if a consumer purchases goods from a merchant, the name of the party to whom funds are transferred (the merchant) and the location of the terminal where the transfer is initiated will be satisfied by a disclosure such as “XYZ Store, Anytown, Ohio.” 4. Account-holding institution as third party. Transfers to the account-holding institution (by ATM, for example) must show the institution as the recipient, unless other information on the statement (such as, “loan payment from checking”) clearly indicates that the payment was to the account-holding institution. 5. Consistency in third-party identity. The periodic statement must disclose a third-party name as it appeared on the receipt, whether it was, for example, the “dba” (doing business as) name of the third party or the parent corporation's name. 6. Third-party identity on deposits at electronic terminal. A financial institution need not identify third parties whose names appear on checks, drafts, or similar paper instruments deposited to the consumer's account at an electronic terminal. 1. Disclosure of fees. The fees disclosed may include fees for EFTs and for other non-electronic services, and both fixed fees and per-item fees; they may be given as a total or may be itemized in part or in full. 2. Fees in interchange system. An account-holding institution must disclose any fees it imposes on the consumer for EFTs, including fees for ATM transactions in an interchange or shared ATM system. Fees for use of an ATM imposed on the consumer by an institution other than the account-holding institution and included in the amount of the transfer by the terminal-operating institution need not be separately disclosed on the periodic statement. 3. Finance charges. The requirement to disclose any fees assessed against the account does not include a finance charge imposed on the account during the statement period. 9(b)(4) Account Balances 1. Opening and closing balances. The opening and closing balances must reflect both EFTs and other account activity. 9(b)(5) Address and Telephone Number for Inquiries 1. Telephone number. A single telephone number, preceded by the “direct inquiries to” language, will satisfy the requirements of §§1005.9(b)(5) and (6). 9(b)(6) Telephone Number for Preauthorized Transfers 1. Telephone number. See comment 9(b)(5)-1. 9(c) Exceptions to the Periodic Statement Requirements for Certain Accounts 1. Transfers between accounts. The regulation provides an exception from the periodic statement requirement for certain intra-institutional transfers between a consumer's accounts. The financial institution must still comply with the applicable periodic statement requirements for any other EFTs to or from the account. For example, a Regulation E statement must be provided quarterly for an account that also receives payroll deposits electronically, or for any month in which an account is also accessed by a withdrawal at an ATM. 9(c)(1) Preauthorized Transfers to Accounts 1. Accounts that may be accessed only by preauthorized transfers to the account. The exception for “accounts that may be accessed only by preauthorized transfers to the account” includes accounts that can be accessed by means other than EFTs, such as checks. If, however, an account may be accessed by any EFT other than preauthorized credits to the account, such as preauthorized debits or ATM transactions, the account does not qualify for the exception. 2. Reversal of direct deposits. For direct-deposit-only accounts, a financial institution must send a periodic statement at least quarterly. A reversal of a direct deposit to correct an error does not trigger the monthly statement requirement when the error represented a credit to the wrong consumer's account, a duplicate credit, or a credit in the wrong amount. See also comment 2(m)-5. 9(d) Documentation for Foreign-Initiated Transfers 1. Foreign-initiated transfers. An institution must make a good faith effort to provide all required information for foreign-initiated transfers. For example, even if the institution is not able to provide a specific terminal location, it should identify the country and city in which the transfer was initiated. Section 1005.10 Preauthorized Transfers 10(a) Preauthorized Transfers to Consumer's Account 10(a)(1) Notice by Financial Institution 1. Content. No specific language is required for notice regarding receipt of a preauthorized transfer. Identifying the deposit is sufficient; however, simply providing the current account balance is not. 2. Notice of credit. A financial institution may use different methods of notice for various types or series of preauthorized transfers, and the institution need not offer consumers a choice of notice methods. 3. Positive notice. A periodic statement sent within two business days of the scheduled transfer, showing the transfer, can serve as notice of receipt. 4. Negative notice. The absence of a deposit entry (on a periodic statement sent within two business days of the scheduled transfer date) will serve as negative notice. 5. Telephone notice. If a financial institution uses the telephone notice option, the institution should be able in most instances to verify during a consumer's initial call whether a transfer was received. The institution must respond within two business days to any inquiry not answered immediately. 6. Phone number for passbook accounts. The financial institution may use any reasonable means necessary to provide the telephone number to consumers with passbook accounts that can only be accessed by preauthorized credits and that do not receive periodic statements. For example, it may print the telephone number in the passbook, or include the number with the annual error resolution notice. 7. Telephone line availability. To satisfy the readily-available standard, the financial institution must provide enough telephone lines so that consumers get a reasonably prompt response. The institution need only provide telephone service during normal business hours. Within its primary service area, an institution must provide a local or toll-free telephone number. It need not provide a toll-free number or accept collect long-distance calls from outside the area where it normally conducts business. 10(b) Written Authorization for Preauthorized Transfers From Consumer's Account 1. Preexisting authorizations. The financial institution need not require a new authorization before changing from paper-based to electronic debiting when the existing authorization does not specify that debiting is to occur electronically or specifies that the debiting will occur by paper means. A new authorization also is not required when a successor institution begins collecting payments. 2. Authorization obtained by third party. The account-holding financial institution does not violate the regulation when a third-party payee fails to obtain the authorization in writing or fails to give a copy to the consumer; rather, it is the third-party payee that is in violation of the regulation. 3. Written authorization for preauthorized transfers. The requirement that preauthorized EFTs be authorized by the consumer “only by a writing” cannot be met by a payee's signing a written authorization on the consumer's behalf with only an oral authorization from the consumer. 4. Use of a confirmation form. A financial institution or designated payee may comply with the requirements of this section in various ways. For example, a payee may provide the consumer with two copies of a preauthorization form, and ask the consumer to sign and return one and to retain the second copy. 5. Similarly authenticated. The similarly authenticated standard permits signed, written authorizations to be provided electronically. The writing and signature requirements of this section are satisfied by complying with the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., which defines electronic records and electronic signatures. Examples of electronic signatures include, but are not limited to, digital signatures and security codes. A security code need not originate with the account-holding institution. The authorization process should evidence the consumer's identity and assent to the authorization. The person that obtains the authorization must provide a copy of the terms of the authorization to the consumer either electronically or in paper form. Only the consumer may authorize the transfer and not, for example, a third-party merchant on behalf of the consumer. 6. Requirements of an authorization. An authorization is valid if it is readily identifiable as such and the terms of the preauthorized transfer are clear and readily understandable. 7. Bona fide error. Consumers sometimes authorize third-party payees, by telephone or online, to submit recurring charges against a credit card account. If the consumer indicates use of a credit card account when in fact a debit card is being used, the payee does not violate the requirement to obtain a written authorization if the failure to obtain written authorization was not intentional and resulted from a bona fide error, and if the payee maintains procedures reasonably adapted to avoid any such error. Procedures reasonably adapted to avoid error will depend upon the circumstances. Generally, requesting the consumer to specify whether the card to be used for the authorization is a debit (or check) card or a credit card is a reasonable procedure. Where the consumer has indicated that the card is a credit card (or that the card is not a debit or check card), the payee may rely on the consumer's statement without seeking further information about the type of card. If the payee believes, at the time of the authorization, that a credit card is involved, and later finds that the card used is a debit card (for example, because the consumer later brings the matter to the payee's attention), the payee must obtain a written and signed or (where appropriate) a similarly authenticated authorization as soon as reasonably possible, or cease debiting the consumer's account. 10(c) Consumer's Right to Stop Payment 1. Stop-payment order. The financial institution must honor an oral stop-payment order made at least three business days before a scheduled debit. If the debit item is resubmitted, the institution must continue to honor the stop-payment order (for example, by suspending all subsequent payments to the payee-originator until the consumer notifies the institution that payments should resume). 2. Revocation of authorization. Once a financial institution has been notified that the consumer's authorization is no longer valid, it must block all future payments for the particular debit transmitted by the designated payee-originator. But see comment 10(c)-3. The institution may not wait for the payee-originator to terminate the automatic debits. The institution may confirm that the consumer has informed the payee-originator of the revocation (for example, by requiring a copy of the consumer's revocation as written confirmation to be provided within 14 days of an oral notification). If the institution does not receive the required written confirmation within the 14-day period, it may honor subsequent debits to the account. 3. Alternative procedure for processing a stop-payment request. If an institution does not have the capability to block a preauthorized debit from being posted to the consumer's account—as in the case of a preauthorized debit made through a debit card network or other system, for example—the institution may instead comply with the stop-payment requirements by using a third party to block the transfer(s), as long as the consumer's account is not debited for the payment. 10(d) Notice of Transfers Varying in Amount 10(d)(1) Notice 1. Preexisting authorizations. A financial institution holding the consumer's account does not violate the regulation if the designated payee fails to provide notice of varying amounts. 10(d)(2) Range 1. Range. A financial institution or designated payee that elects to offer the consumer a specified range of amounts for debiting (in lieu of providing the notice of transfers varying in amount) must provide an acceptable range that could be anticipated by the consumer. For example, if the transfer is for payment of a gas bill, an appropriate range might be based on the highest bill in winter and the lowest bill in summer. 2. Transfers to an account of the consumer held at another institution. A financial institution need not provide a consumer the option of receiving notice with each varying transfer, and may instead provide notice only when a debit to an account of the consumer falls outside a specified range or differs by more than a specified amount from the most recent transfer, if the funds are transferred and credited to an account of the consumer held at another financial institution. The specified range or amount, however, must be one that reasonably could be anticipated by the consumer, and the institution must notify the consumer of the range or amount at the time the consumer provides authorization for the preauthorized transfers. For example, if the transfer is for payment of interest for a fixed-rate certificate of deposit account, an appropriate range might be based on a month containing 28 days and a month containing 31 days. 10(e) Compulsory Use 10(e)(1) Credit 1. General rule for loan payments. Creditors may not require repayment of loans by electronic means on a preauthorized, recurring basis. 2. Overdraft credit plans not accessible by hybrid prepaid-credit cards. i. Section 1005.10(e)(1) provides an exception from the general rule for an overdraft credit plan other than for a covered separate credit feature accessible by a hybrid prepaid-credit card as defined in Regulation Z, 12 CFR 1026.61. A financial institution may therefore require the automatic repayment of an overdraft credit plan, other than a covered separate credit feature accessible by a hybrid prepaid-credit card, even if the overdraft extension is charged to an open-end account that may be accessed by the consumer in ways other than by overdrafts. ii. Credit extended through a negative balance on the asset feature of a prepaid account that meets the conditions of Regulation Z, 12 CFR 1026.61(a)(4), is considered credit extended pursuant to an overdraft credit plan for purposes of §1005.10(e)(1). Thus, the exception for overdraft credit plans in §1005.10(e)(1) applies to this credit. 3. Applicability to covered separate credit features accessible by hybrid prepaid-credit cards. i. Under §1005.10(e)(1), creditors may not require by electronic means on a preauthorized, recurring basis repayment of credit extended under a covered separate credit feature accessible by a hybrid prepaid-credit card as defined in Regulation Z, 12 CFR 1026.61. The prohibition in §1005.10(e)(1) applies to any credit extended under such a credit feature, including preauthorized checks. See Regulation Z, 12 CFR 1026.61, and comment 61(a)(1)-3. ii. Under Regulation Z, 12 CFR 1026.12(d)(1), a card issuer may not take any action, either before or after termination of credit card privileges, to offset a cardholder's indebtedness arising from a consumer credit transaction under the relevant credit card plan against funds of the cardholder held on deposit with the card issuer. Under Regulation Z, 12 CFR 1026.12(d)(3), with respect to covered separate credit features accessible by hybrid prepaid-credit cards as defined in 12 CFR 1026.61, a card issuer generally is not prohibited from periodically deducting all or part of the cardholder's credit card debt from a deposit account (such as a prepaid account) held with the card issuer under a plan that is authorized in writing by the cardholder, so long as the card issuer does not make such deductions to the plan more frequently than once per calendar month. A card issuer is prohibited under Regulation Z, 12 CFR 1026.12(d), from automatically deducting all or part of the cardholder's credit card debt under a covered separate credit feature from a deposit account (such as a prepaid account) held with the card issuer on a daily or weekly basis, or whenever deposits are made to the deposit account. Section 1005.10(e)(1) further restricts the card issuer from requiring payment from a deposit account (such as a prepaid account) of credit card balances of a covered separate credit feature accessible by a hybrid prepaid-credit card by electronic means on a preauthorized, recurring basis. 4. Incentives. A creditor may offer a program with a reduced annual percentage rate or other cost-related incentive for an automatic repayment feature, provided the program with the automatic payment feature is not the only loan program offered by the creditor for the type of credit involved. Examples include: i. Mortgages with graduated payments in which a pledged savings account is automatically debited during an initial period to supplement the monthly payments made by the borrower. ii. Mortgage plans calling for preauthorized biweekly payments that are debited electronically to the consumer's account and produce a lower total finance charge. 10(e)(2) Employment or Government Benefit 1. Payroll. An employer (including a financial institution) may not require its employees to receive their salary by direct deposit to any particular institution. An employer may require direct deposit of salary by electronic means if employees are allowed to choose the institution that will receive the direct deposit. Alternatively, an employer may give employees the choice of having their salary deposited at a particular institution (designated by the employer) or receiving their salary by another means, such as by check or cash. 2. Government benefit. A government agency may not require consumers to receive government benefits by direct deposit to any particular institution. A government agency may require direct deposit of benefits by electronic means if recipients are allowed to choose the institution that will receive the direct deposit. Alternatively, a government agency may give recipients the choice of having their benefits deposited at a particular institution (designated by the government agency) or receiving their benefits by another means. Section 1005.11 Procedures for Resolving Errors 11(a) Definition of Error 1. Terminal location. With regard to deposits at an ATM, a consumer's request for the terminal location or other information triggers the error resolution procedures, but the financial institution need only provide the ATM location if it has captured that information. 2. Verifying an account debit or credit. If the consumer contacts the financial institution to ascertain whether a payment (for example, in a home-banking or bill-payment program) or any other type of EFT was debited to the account, or whether a deposit made via ATM, preauthorized transfer, or any other type of EFT was credited to the account, without asserting an error, the error resolution procedures do not apply. 3. Loss or theft of access device. A financial institution is required to comply with the error resolution procedures when a consumer reports the loss or theft of an access device if the consumer also alleges possible unauthorized use as a consequence of the loss or theft. 4. Error asserted after account closed. The financial institution must comply with the error resolution procedures when a consumer properly asserts an error, even if the account has been closed. 5. Request for documentation or information. A request for documentation or other information must be treated as an error unless it is clear that the consumer is requesting a duplicate copy for tax or other record-keeping purposes. 6. Terminal receipts for transfers of $15 or less. The fact that an institution does not make a terminal receipt available for a transfer of $15 or less in accordance with §1005.9(e) is not an error for purposes of §1005.11(a)(1)(vi) or (vii). 11(b) Notice of Error From Consumer 11(b)(1) Timing; Contents 1. Content of error notice. The notice of error is effective even if it does not contain the consumer's account number, so long as the financial institution is able to identify the account in question. For example, the consumer could provide a Social Security number or other unique means of identification. 2. Investigation pending receipt of information. While a financial institution may request a written, signed statement from the consumer relating to a notice of error, it may not delay initiating or completing an investigation pending receipt of the statement. 3. Statement held for consumer. When a consumer has arranged for periodic statements to be held until picked up, the statement for a particular cycle is deemed to have been transmitted on the date the financial institution first makes the statement available to the consumer. 4. Failure to provide statement. When a financial institution fails to provide the consumer with a periodic statement, a request for a copy is governed by this section if the consumer gives notice within 60 days from the date on which the statement should have been transmitted. 5. Discovery of error by institution. The error resolution procedures of this section apply when a notice of error is received from the consumer, and not when the financial institution itself discovers and corrects an error. 6. Notice at particular phone number or address. A financial institution may require the consumer to give notice only at the telephone number or address disclosed by the institution, provided the institution maintains reasonable procedures to refer the consumer to the specified telephone number or address if the consumer attempts to give notice to the institution in a different manner. 7. Effect of late notice. An institution is not required to comply with the requirements of this section for any notice of error from the consumer that is received by the institution later than 60 days from the date on which the periodic statement first reflecting the error is sent. Where the consumer's assertion of error involves an unauthorized EFT, however, the institution must comply with §1005.6 before it may impose any liability on the consumer. 11(b)(2) Written Confirmation 1. Written confirmation-of-error notice. If the consumer sends a written confirmation of error to the wrong address, the financial institution must process the confirmation through normal procedures. But the institution need not provisionally credit the consumer's account if the written confirmation is delayed beyond 10 business days in getting to the right place because it was sent to the wrong address. 11(c) Time Limits and Extent of Investigation 1. Notice to consumer. Unless otherwise indicated in this section, the financial institution may provide the required notices to the consumer either orally or in writing. 2. Written confirmation of oral notice. A financial institution must begin its investigation promptly upon receipt of an oral notice. It may not delay until it has received a written confirmation. 3. Charges for error resolution. If a billing error occurred, whether as alleged or in a different amount or manner, the financial institution may not impose a charge related to any aspect of the error-resolution process (including charges for documentation or investigation). Since the Act grants the consumer error-resolution rights, the institution should avoid any chilling effect on the good-faith assertion of errors that might result if charges are assessed when no billing error has occurred. 4. Correction without investigation. A financial institution may make, without investigation, a final correction to a consumer's account in the amount or manner alleged by the consumer to be in error, but must comply with all other applicable requirements of §1005.11. 5. Correction notice. A financial institution may include the notice of correction on a periodic statement that is mailed or delivered within the 10-business-day or 45-calendar-day time limits and that clearly identifies the correction to the consumer's account. The institution must determine whether such a mailing will be prompt enough to satisfy the requirements of this section, taking into account the specific facts involved. 6. Correction of an error. If the financial institution determines an error occurred, within either the 10-day or 45-day period, it must correct the error (subject to the liability provisions of §§1005.6(a) and (b)) including, where applicable, the crediting of interest and the refunding of any fees imposed by the institution. In a combined credit/EFT transaction, for example, the institution must refund any finance charges incurred as a result of the error. The institution need not refund fees that would have been imposed whether or not the error occurred. 7. Extent of required investigation. A financial institution complies with its duty to investigate, correct, and report its determination regarding an error described in §1005.11(a)(1)(vii) by transmitting the requested information, clarification, or documentation within the time limits set forth in §1005.11(c). If the institution has provisionally credited the consumer's account in accordance with §1005.11(c)(2), it may debit the amount upon transmitting the requested information, clarification, or documentation. Paragraph 11(c)(2)(i) 1. Compliance with all requirements. Financial institutions exempted from provisionally crediting a consumer's account under §§1005.11(c)(2)(i)(A) and (B) must still comply with all other requirements of §1005.11. 11(c)(3) Extension of Time Periods 1. POS debit card transactions. The extended deadlines for investigating errors resulting from POS debit card transactions apply to all debit card transactions, including those for cash only, at merchants' POS terminals, and also including mail and telephone orders. The deadlines do not apply to transactions at an ATM, however, even though the ATM may be in a merchant location. 11(c)(4) Investigation 1. Third parties. When information or documentation requested by the consumer is in the possession of a third party with whom the financial institution does not have an agreement, the institution satisfies the error resolution requirement by so advising the consumer within the specified time period. 2. Scope of investigation. When an alleged error involves a payment to a third party under the financial institution's telephone bill-payment plan, a review of the institution's own records is sufficient, assuming no agreement exists between the institution and the third party concerning the bill-payment service. 3. POS transfers. When a consumer alleges an error involving a transfer to a merchant via a POS terminal, the institution must verify the information previously transmitted when executing the transfer. For example, the financial institution may request a copy of the sales receipt to verify that the amount of the transfer correctly corresponds to the amount of the consumer's purchase. 4. Agreement. An agreement that a third party will honor an access device is an agreement for purposes of this paragraph. A financial institution does not have an agreement for purposes of §1005.11(c)(4)(ii) solely because it participates in transactions that occur under the Federal recurring payments programs, or that are cleared through an ACH or similar arrangement for the clearing and settlement of fund transfers generally, or because the institution agrees to be bound by the rules of such an arrangement. 5. No EFT agreement. When there is no agreement between the institution and the third party for the type of EFT involved, the financial institution must review any relevant information within the institution's own records for the particular account to resolve the consumer's claim. The extent of the investigation required may vary depending on the facts and circumstances. However, a financial institution may not limit its investigation solely to the payment instructions where additional information within its own records pertaining to the particular account in question could help to resolve a consumer's claim. Information that may be reviewed as part of an investigation might include: i. The ACH transaction records for the transfer; ii. The transaction history of the particular account for a reasonable period of time immediately preceding the allegation of error; iii. Whether the check number of the transaction in question is notably out-of-sequence; iv. The location of either the transaction or the payee in question relative to the consumer's place of residence and habitual transaction area; v. Information relative to the account in question within the control of the institution's third-party service providers if the financial institution reasonably believes that it may have records or other information that could be dispositive; or vi. Any other information appropriate to resolve the claim. 11(d) Procedures if Financial Institution Determines No Error or Different Error Occurred 1. Error different from that alleged. When a financial institution determines that an error occurred in a manner or amount different from that described by the consumer, it must comply with the requirements of both §§1005.11(c) and (d), as relevant. The institution may give the notice of correction and the explanation separately or in a combined form. 11(d)(1) Written Explanation 1. Request for documentation. When a consumer requests copies of documents, the financial institution must provide the copies in an understandable form. If an institution relied on magnetic tape, it must convert the applicable data into readable form, for example, by printing it and explaining any codes. 11(d)(2) Debiting Provisional Credit 1. Alternative procedure for debiting of credited funds. The financial institution may comply with the requirements of this section by notifying the consumer that the consumer's account will be debited five business days from the transmittal of the notification, specifying the calendar date on which the debiting will occur. 2. Fees for overdrafts. The financial institution may not impose fees for items it is required to honor under §1005.11. It may, however, impose any normal transaction or item fee that is unrelated to an overdraft resulting from the debiting. If the account is still overdrawn after five business days, the institution may impose the fees or finance charges to which it is entitled, if any, under an overdraft credit plan. 11(e) Reassertion of Error 1. Withdrawal of error; right to reassert. The financial institution has no further error resolution responsibilities if the consumer voluntarily withdraws the notice alleging an error. A consumer who has withdrawn an allegation of error has the right to reassert the allegation unless the financial institution had already complied with all of the error resolution requirements before the allegation was withdrawn. The consumer must do so, however, within the original 60-day period. Section 1005.12 Relation to Other Laws 12(a) Relation to Truth in Lending 1. Issuance rules for access devices other than access devices for prepaid accounts. For access devices that also constitute credit cards (other than access devices for prepaid accounts), the issuance rules of Regulation E apply if the only credit feature is a preexisting credit line attached to the asset account to cover overdrafts (or to maintain a specified minimum balance) or an overdraft service, as defined in §1005.17(a). Regulation Z (12 CFR part 1026) rules apply if there is another type of credit feature; for example, one permitting direct extensions of credit that do not involve the asset account. 2. Overdraft services. The addition of an overdraft service, as that term is defined in §1005.17(a), to an accepted access device does not constitute the addition of a credit feature subject to Regulation Z. Instead, the provisions of Regulation E apply, including the liability limitations (§1005.6) and the requirement to obtain consumer consent to the service before any fees or charges for paying an overdraft may be assessed on the account (§1005.17). 3. Issuance of prepaid access devices that can access a covered separate credit feature subject to Regulation Z. An access device for a prepaid account cannot access a covered separate credit feature as defined in Regulation Z, 12 CFR 1026.61, when the access device is issued if the access device is issued prior to the expiration of the 30-day period set forth in 12 CFR 1026.61(c). Regulation Z, 12 CFR 1026.61(c), provides that with respect to a covered separate credit feature that could be accessible by a hybrid prepaid-credit card at any point, a card issuer must not do any of the following until 30 days after the prepaid account has been registered: (1) Open a covered separate credit feature accessible by the hybrid prepaid-credit card; (2) make a solicitation or provide an application to open a covered separate credit feature accessible by the hybrid prepaid-credit card; or (3) allow an existing credit feature that was opened prior to the consumer to become a covered separate credit feature accessible by the hybrid prepaid-credit card. An access device for a prepaid account that is not a hybrid prepaid-credit card as that term is defined in Regulation Z, 12 CFR 1026.61, is subject to the issuance rules in Regulation E. 4. Addition of a covered separate credit feature to an existing access device for a prepaid account. Regulation Z governs the addition of a covered separate credit feature as that term is defined in Regulation Z, 12 CFR 1026.61, to an existing access device for a prepaid account. In this case, the access device would become a hybrid prepaid-credit card under Regulation Z (12 CFR part 1026). A covered separate credit feature may be added to a previously issued access device for a prepaid account only upon the consumer's application or specific request as described in Regulation Z, 12 CFR 1026.12(a)(1), and only in compliance with 12 CFR 1026.61(c). 5. Determining applicable regulation related to liability and error resolution. i. Under §1005.12(a)(1)(iv)(B), with respect to a transaction that involves a covered separate credit feature and an asset feature on a prepaid account that are both accessible by a hybrid prepaid-credit card as those terms are defined in Regulation Z, 12 CFR 1026.61, where credit is extended under a covered separate credit feature accessible by a hybrid prepaid-credit card that is incident to an electronic fund transfer when the hybrid prepaid-credit card accesses both funds in the asset feature of a prepaid account and credit extensions from the credit feature with respect to a particular transaction, Regulation E's liability limitations and error resolution provisions apply to the transaction, in addition to Regulation Z, 12 CFR 1026.13(d) and (g) (which apply because of the extension of credit associated with the covered separate credit feature). Section 1005.12(a)(1)(iv)(C) provides that with respect to transactions that involves credit extended through a negative balance to the asset feature of a prepaid account that meets the conditions set forth in Regulation Z, 12 CFR 1026.61(a)(4), these transactions are governed solely by the liability limitations and error resolution procedures in Regulation E, and Regulation Z does not apply. Section 1005.12(a)(1)(iv)(D) and (a)(2)(iii), taken together, provide that with respect to transactions involving a prepaid account and a non-covered separate credit feature as defined in Regulation Z, 12 CFR 1026.61, a financial institution must comply with Regulation E's liability limitations and error resolution procedures with respect to transactions that access the prepaid account as applicable, and the creditor must comply with Regulation Z's liability limitations and error resolution procedures with respect to transactions that access the non-covered separate credit feature, as applicable. ii. Under §1005.12(a)(1)(iv)(A), with respect to an account (other than a prepaid account) where credit is extended incident to an electronic fund transfer under an agreement to extend overdraft credit between the consumer and the financial institution, Regulation E's liability limitations and error resolution provisions apply to the transaction, in addition to Regulation Z, 12 CFR 1026.13(d) and (g) (which apply because of the extension of credit associated with the overdraft feature on the asset account). iii. For transactions involving access devices that also function as credit cards under Regulation Z (12 CFR part 1026), whether Regulation E or Regulation Z applies depends on the nature of the transaction. For example, if the transaction solely involves an extension of credit, and does not access funds in a consumer asset account, such as a checking account or prepaid account, the liability limitations and error resolution requirements of Regulation Z apply. If the transaction accesses funds in an asset account only (with no credit extended), the provisions of Regulation E apply. If the transaction access funds in an asset account but also involves an extension of credit under the overdraft credit feature subject to Regulation Z attached to the account, Regulation E's liability limitations and error resolution provisions apply, in addition to Regulation Z, 12 CFR 1026.13(d) and (g) (which apply because of the extension of credit associated with the overdraft feature on the asset account). If a consumer's access device is also a credit card and the device is used to make unauthorized withdrawals from an asset account, but also is used to obtain unauthorized cash advances directly from a credit feature that is subject to Regulation Z that is separate from the asset account, both Regulation E and Regulation Z apply. iv. The following examples illustrate these principles: A. A consumer has a card that can be used either as a credit card or an access device that draws on the consumer's checking account. When used as a credit card, the card does not first access any funds in the checking account but draws only on a separate credit feature subject to Regulation Z. If the card is stolen and used as a credit card to make purchases or to get cash advances at an ATM from the line of credit, the liability limits and error resolution provisions of Regulation Z apply; Regulation E does not apply. B. In the same situation, if the card is stolen and is used as an access device to make purchases or to get cash withdrawals at an ATM from the checking account, the liability limits and error resolution provisions of Regulation E apply; Regulation Z does not apply. C. In the same situation, assume the card is stolen and used both as an access device for the checking account and as a credit card; for example, the thief makes some purchases using the card to access funds in the checking account and other purchases using the card as a credit card. Here, the liability limits and error resolution provisions of Regulation E apply to the unauthorized transactions in which the card was used as an access device for the checking account, and the corresponding provisions of Regulation Z apply to the unauthorized transactions in which the card was used as a credit card. D. Assume a somewhat different type of card, one that draws on the consumer's checking account and can also draw on an overdraft credit feature subject to Regulation Z attached to the checking account. The overdraft credit feature associated with the card is accessed only when the consumer uses the card to make a purchase (or other transaction) for which there are insufficient or unavailable funds in the checking account. In this situation, if the card is stolen and used to make purchases funded entirely by available funds in the checking account, the liability limits and the error resolution provisions of Regulation E apply. If the use of the card results in an extension of credit that is incident to an electronic fund transfer where the transaction is funded partially by funds in the consumer's asset account and partially by credit extended under the overdraft credit feature, the error resolution provisions of Regulation Z, 12 CFR 1026.13(d) and (g), apply in addition to the Regulation E provisions, but the other liability limit and error resolution provisions of Regulation Z do not. Relatedly, if the use of the card is funded entirely by credit extended under the overdraft credit feature, the transaction is governed solely by the liability limitations and error resolution requirements of Regulation Z. See Regulation Z, 12 CFR 1026.13(i). E. The same principles in comment 12(a)-5.iv.A, B, C, and D apply to an access device for a prepaid account that also is a hybrid prepaid-credit card with respect to a covered separate credit feature under Regulation Z, 12 CFR 1026.61. See also Regulation Z, 12 CFR 1026.13(i)(2) and comment 13(i)-4. 12(b) Preemption of Inconsistent State Laws 1. Specific determinations. The regulation prescribes standards for determining whether state laws that govern EFTs, and state laws regarding gift certificates, store gift cards, or general-use prepaid cards that govern dormancy, inactivity, or service fees, or expiration dates, are preempted by the Act and the regulation. A state law that is inconsistent may be preempted even if the Bureau has not issued a determination. However, nothing in §1005.12(b) provides a financial institution with immunity for violations of state law if the institution chooses not to make state disclosures and the Bureau later determines that the state law is not preempted. 2. Preemption determinations generally. The Bureau recognizes state law preemption determinations made by the Board of Governors of the Federal Reserve System prior to July 21, 2011, until and unless the Bureau makes and publishes any contrary determination. 3. Preemption determination—Michigan. The Board of Governors of the Federal Reserve System determined that certain provisions in the state law of Michigan are preempted by the Federal law, effective March 30, 1981: i. Definition of unauthorized use. Section 488.5(4) of the state law of Michigan, governing electronic fund transfers, is preempted to the extent that it relates to the section of state law governing consumer liability for unauthorized use of an access device. ii. Consumer liability for unauthorized use of an account. Section 488.14 of the state law of Michigan, governing electronic fund transfers, is preempted because it is inconsistent with §1005.6 and is less protective of the consumer than the Federal law. The state law places liability on the consumer for the unauthorized use of an account in cases involving the consumer's negligence. Under the Federal law, a consumer's liability for unauthorized use is not related to the consumer's negligence and depends instead on the consumer's promptness in reporting the loss or theft of the access device. iii. Error resolution. Section 488.15 of the state law of Michigan, governing electronic fund transfers, is preempted because it is inconsistent with §1005.11 and is less protective of the consumer than the Federal law. The state law allows financial institutions up to 70 days to resolve errors, whereas the Federal law generally requires errors to be resolved within 45 days. iv. Receipts and periodic statements. Sections 488.17 and 488.18 of the state law of Michigan, governing electronic fund transfers, are preempted because they are inconsistent with §1005.9, other than for transfers of $15 or less pursuant to §1005.9(e). The state provisions require a different disclosure of information than does the Federal law. The receipt provision is also preempted because it allows the consumer to be charged for receiving a receipt if a machine cannot furnish one at the time of a transfer. 4. Preemption determination—Tennessee. The Bureau determined that the following provision in the state law of Tennessee is preempted by the Federal law, effective April 25, 2013: i. Gift certificates, store gift cards, and general-use prepaid cards. Section 66-29-116 of Tennessee's Uniform Disposition of Unclaimed (Personal) Property Act is preempted to the extent that it permits gift certificates, store gift cards, and general-use prepaid cards, as defined in §1005.20(a), to be declined at the point-of-sale sooner than the gift certificates, store gift cards, or general-use prepaid cards and their underlying funds are permitted to expire under §1005.20(e). Section 1005.13 Administrative Enforcement; Record Retention 13(b) Record Retention 1. Requirements. A financial institution need not retain records that it has given disclosures and documentation to each consumer; it need only retain evidence demonstrating that its procedures reasonably ensure the consumers' receipt of required disclosures and documentation. Section 1005.14 Electronic Fund Transfer Service Provider Not Holding Consumer's Account 14(a) Electronic Fund Transfer Service Providers Subject to Regulation 1. Applicability. This section applies only when a service provider issues an access device to a consumer for initiating transfers to or from the consumer's account at a financial institution and the two entities have no agreement regarding this EFT service. If the service provider does not issue an access device to the consumer for accessing an account held by another institution, it does not qualify for the treatment accorded by §1005.14. For example, this section does not apply to an institution that initiates preauthorized payroll deposits to consumer accounts on behalf of an employer. By contrast, §1005.14 can apply to an institution that issues a code for initiating telephone transfers to be carried out through the ACH from a consumer's account at another institution. This is the case even if the consumer has accounts at both institutions. 2. ACH agreements. The ACH rules generally do not constitute an agreement for purposes of this section. However, an ACH agreement under which members specifically agree to honor each other's debit cards is an “agreement,” and thus this section does not apply. 14(b) Compliance by Electronic Fund Transfer Service Provider 1. Liability. The service provider is liable for unauthorized EFTs that exceed limits on the consumer's liability under §1005.6. 14(b)(1) Disclosures and Documentation 1. Periodic statements from electronic fund transfer service provider. A service provider that meets the conditions set forth in this paragraph does not have to issue periodic statements. A service provider that does not meet the conditions need only include on periodic statements information about transfers initiated with the access device it has issued. 14(b)(2) Error Resolution 1. Error resolution. When a consumer notifies the service provider of an error, the EFT service provider must investigate and resolve the error in compliance with §1005.11 as modified by §1005.14(b)(2). If an error occurred, any fees or charges imposed as a result of the error, either by the service provider or by the account-holding institution (for example, overdraft or dishonor fees) must be reimbursed to the consumer by the service provider. 14(c) Compliance by Account-Holding Institution 14(c)(1) Documentation 1. Periodic statements from account-holding institution. The periodic statement provided by the account-holding institution need only contain the information required by §1005.9(b)(1). Section 1005.15—Electronic Fund Transfer of Government Benefits 15(c) Pre-Acquisition Disclosure Requirements 1. Disclosing the short and long form before acquisition. Section 1005.15(c)(1) requires that, before a consumer acquires an account governed by §1005.15, a government agency must comply with the pre-acquisition disclosure requirements applicable to prepaid accounts as set forth in §1005.18(b). Section 1005.18(b)(1)(i) generally requires delivery of both the short form disclosure required by §1005.18(b)(2), accompanied by the information in §1005.18(b)(5), and the long form disclosure required by §1005.18(b)(4) before a consumer acquires a prepaid account. For purposes of §1005.15(c), a consumer is deemed to have received the disclosures required by §1005.18(b) prior to acquisition when the consumer receives the disclosures before choosing to receive benefits via the government benefit account. The following example illustrates when a consumer receives disclosures before acquisition of an account for purposes of §1005.15(c): i. A government agency informs a consumer that she can receive distribution of benefits via a government benefit account in the form of a prepaid card. The consumer receives the prepaid card and the disclosures required by §1005.18(b) to review at the time the consumer receives benefits eligibility information from the agency. After receiving the disclosures, the consumer chooses to receive benefits via the government benefit account. These disclosures were provided to the consumer pre-acquisition, and the agency has complied with §1005.15(c). By contrast, if the consumer does not receive the disclosures required by §1005.18(b) to review until the time at which the consumer received the first benefit payment deposited into the government benefit account, these disclosures were provided to the consumer post-acquisition, and were not provided in compliance with §1005.15(c). 2. Acquisition and disclosures given during the same appointment. The disclosures and notice required by §1005.15(c) may be given in the same process or appointment during which the consumer receives a government benefit card. When a consumer receives benefits eligibility information and enrolls to receive benefits during the same process or appointment, a government agency that gives the disclosures and notice required by §1005.15(c) before the consumer chooses to receive the first benefit payment on the card complies with the timing requirements of §1005.15(c). 3. Form and formatting requirements for government benefit account disclosures. The form and formatting requirements for government benefit accounts in §1005.15(c) correspond to those for payroll card accounts set forth in §1005.18(b). See comments 18(b)(2)(xiv)(A)-1 and 18(b)(2)(xiv)(B)-1 for additional guidance regarding the requirements set forth in §1005.15(c)(2)(i) and (ii), respectively. 4. Disclosure requirements outside the short form disclosure. Section 1005.18(b)(5) requires that the name of the financial institution be disclosed outside the short form disclosure. For government benefit accounts, the financial institution that must be disclosed pursuant to §1005.18(b)(5) is the financial institution that directly holds the account or issues the account's access device. The disclosure provided outside the short form disclosure may, but is not required to, also include the name of the government agency that established the government benefit account. 15(d) Access to Account Information 1. Access to account information. For guidance, see comments 18(c)-1 through -3 and 18(c)-5 through -9. 15(e) Modified Disclosure, Limitations on Liability, and Error Resolution Requirements 1. Modified limitations on liability and error resolution requirements. For guidance, see comments 18(e)-1 through -3. 15(f) Disclosure of Fees and Other Information 1. Disclosures on prepaid account access devices. Pursuant to §1005.18(f)(3), the name of the financial institution and the Web site URL and a telephone number a consumer can use to contact the financial institution about the prepaid account must be disclosed on the prepaid account access device. For government benefit accounts, the financial institution whose name and contact information must be disclosed pursuant to §1005.18(f)(3) is the financial institution that directly holds the account or issues the account's access device. Section 1005.17 Requirements for Overdraft Services 17(a) Definition 1. Exempt securities- and commodities-related lines of credit. The definition of “overdraft service” does not include the payment of transactions in a securities or commodities account pursuant to which credit is extended by a broker-dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission. 17(b) Opt-In Requirement 1. Scope. i. Account-holding institutions. Section 1005.17(b) applies to ATM and one-time debit card transactions made with a debit card issued by or on behalf of the account-holding institution. Section 1005.17(b) does not apply to ATM and one-time debit card transactions made with a debit card issued by or through a third party unless the debit card is issued on behalf of the account-holding institution. ii. Coding of transactions. A financial institution complies with the rule if it adapts its systems to identify debit card transactions as either one-time or recurring. If it does so, the financial institution may rely on the transaction's coding by merchants, other institutions, and other third parties as a one-time or a preauthorized or recurring debit card transaction. iii. One-time debit card transactions. The opt-in applies to any one-time debit card transaction, whether the card is used, for example, at a point-of-sale, in an online transaction, or in a telephone transaction. iv. Application of fee prohibition. The prohibition on assessing overdraft fees under §1005.17(b)(1) applies to all institutions. For example, the prohibition applies to an institution that has a policy and practice of declining to authorize and pay any ATM or one-time debit card transactions when the institution has a reasonable belief at the time of the authorization request that the consumer does not have sufficient funds available to cover the transaction. However, the institution is not required to comply with §§1005.17(b)(1)(i)-(iv), including the notice and opt-in requirements, if it does not assess overdraft fees for paying ATM or one-time debit card transactions that overdraw the consumer's account. Assume an institution does not provide an opt-in notice, but authorizes an ATM or one-time debit card transaction on the reasonable belief that the consumer has sufficient funds in the account to cover the transaction. If, at settlement, the consumer has insufficient funds in the account (for example, due to intervening transactions that post to the consumer's account), the institution is not permitted to assess an overdraft fee or charge for paying that transaction. 2. No affirmative consent. A financial institution may pay overdrafts for ATM and one-time debit card transactions even if a consumer has not affirmatively consented or opted in to the institution's overdraft service. If the institution pays such an overdraft without the consumer's affirmative consent, however, it may not impose a fee or charge for doing so. These provisions do not limit the institution's ability to debit the consumer's account for the amount overdrawn if the institution is permitted to do so under applicable law. 3. Overdraft transactions not required to be authorized or paid. Section 1005.17 does not require a financial institution to authorize or pay an overdraft on an ATM or one-time debit card transaction even if the consumer has affirmatively consented to an institution's overdraft service for such transactions. 4. Reasonable opportunity to provide affirmative consent. A financial institution provides a consumer with a reasonable opportunity to provide affirmative consent when, among other things, it provides reasonable methods by which the consumer may affirmatively consent. A financial institution provides such reasonable methods, if: i. By mail. The institution provides a form for the consumer to fill out and mail to affirmatively consent to the service. ii. By telephone. The institution provides a readily-available telephone line that consumers may call to provide affirmative consent. iii. By electronic means. The institution provides an electronic means for the consumer to affirmatively consent. For example, the institution could provide a form that can be accessed and processed at its Web site, where the consumer may click on a check box to provide consent and confirm that choice by clicking on a button that affirms the consumer's consent. iv. In person. The institution provides a form for the consumer to complete and present at a branch or office to affirmatively consent to the service. 5. Implementing opt-in at account-opening. A financial institution may provide notice regarding the institution's overdraft service prior to or at account-opening. A financial institution may require a consumer, as a necessary step to opening an account, to choose whether or not to opt into the payment of ATM or one-time debit card transactions pursuant to the institution's overdraft service. For example, the institution could require the consumer, at account opening, to sign a signature line or check a box on a form (consistent with comment 17(b)-6) indicating whether or not the consumer affirmatively consents at account opening. If the consumer does not check any box or provide a signature, the institution must assume that the consumer does not opt in. Or, the institution could require the consumer to choose between an account that does not permit the payment of ATM or one-time debit card transactions pursuant to the institution's overdraft service and an account that permits the payment of such overdrafts, provided that the accounts comply with §1005.17(b)(2) and §1005.17(b)(3). 6. Affirmative consent required. A consumer's affirmative consent, or opt-in, to a financial institution's overdraft service must be obtained separately from other consents or acknowledgements obtained by the institution, including a consent to receive disclosures electronically. An institution may obtain a consumer's affirmative consent by providing a blank signature line or check box that the consumer could sign or select to affirmatively consent, provided that the signature line or check box is used solely for purposes of evidencing the consumer's choice whether or not to opt into the overdraft service and not for other purposes. An institution does not obtain a consumer's affirmative consent by including preprinted language about the overdraft service in an account disclosure provided with a signature card or contract that the consumer must sign to open the account and that acknowledges the consumer's acceptance of the account terms. Nor does an institution obtain a consumer's affirmative consent by providing a signature card that contains a pre-selected check box indicating that the consumer is requesting the service. 7. Confirmation. A financial institution may comply with the requirement in §1005.17(b)(1)(iv) to provide confirmation of the consumer's affirmative consent by mailing or delivering to the consumer a copy of the consumer's completed opt-in notice, or by mailing or delivering a letter or notice to the consumer acknowledging that the consumer has elected to opt into the institution's service. The confirmation, which must be provided in writing, or electronically if the consumer agrees, must include a statement informing the consumer of the right to revoke the opt-in at any time. See §1005.17(d)(6), which permits institutions to include the revocation statement on the initial opt-in notice. An institution complies with the confirmation requirement if it has adopted reasonable procedures designed to ensure that overdraft fees are assessed only in connection with transactions paid after the confirmation has been mailed or delivered to the consumer. 8. Outstanding Negative Balance. If a fee or charge is based on the amount of the outstanding negative balance, an institution is prohibited from assessing any such fee if the negative balance is solely attributable to an ATM or one-time debit card transaction, unless the consumer has opted into the institution's overdraft service for ATM or one-time debit card transactions. However, the rule does not prohibit an institution from assessing such a fee if the negative balance is attributable in whole or in part to a check, ACH, or other type of transaction not subject to the prohibition on assessing overdraft fees in §1005.17(b)(1). 9. Daily or Sustained Overdraft, Negative Balance, or Similar Fee or Charge i. Daily or sustained overdraft, negative balance, or similar fees or charges. If a consumer has not opted into the institution's overdraft service for ATM or one-time debit card transactions, the fee prohibition in §1005.17(b)(1) applies to all overdraft fees or charges for paying those transactions, including but not limited to daily or sustained overdraft, negative balance, or similar fees or charges. Thus, where a consumer's negative balance is solely attributable to an ATM or one-time debit card transaction, the rule prohibits the assessment of such fees unless the consumer has opted in. However, the rule does not prohibit an institution from assessing daily or sustained overdraft, negative balance, or similar fees or charges if a negative balance is attributable in whole or in part to a check, ACH, or other type of transaction not subject to the fee prohibition. When the negative balance is attributable in part to an ATM or one-time debit card transaction, and in part to a check, ACH, or other type of transaction not subject to the fee prohibition, the date on which such a fee may be assessed is based on the date on which the check, ACH, or other type of transaction is paid into overdraft. ii. Examples. The following examples illustrate how an institution complies with the fee prohibition. For each example, assume the following: (a) The consumer has not opted into the payment of ATM or one-time debit card overdrafts; (b) these transactions are paid into overdraft because the amount of the transaction at settlement exceeded the amount authorized or the amount was not submitted for authorization; (c) under the account agreement, the institution may charge a per-item fee of $20 for each overdraft, and a one-time sustained overdraft fee of $20 on the fifth consecutive day the consumer's account remains overdrawn; (d) the institution posts ATM and debit card transactions before other transactions; and (e) the institution allocates deposits to account debits in the same order in which it posts debits. A. Assume that a consumer has a $50 account balance on March 1. That day, the institution posts a one-time debit card transaction of $60 and a check transaction of $40. The institution charges an overdraft fee of $20 for the check overdraft but cannot assess an overdraft fee for the debit card transaction. At the end of the day, the consumer has an account balance of negative $70. The consumer does not make any deposits to the account, and no other transactions occur between March 2 and March 6. Because the consumer's negative balance is attributable in part to the $40 check (and associated overdraft fee), the institution may charge a sustained overdraft fee on March 6 in connection with the check. B. Same facts as in A., except that on March 3, the consumer deposits $40 in the account. The institution allocates the $40 to the debit card transaction first, consistent with its posting order policy. At the end of the day on March 3, the consumer has an account balance of negative $30, which is attributable to the check transaction (and associated overdraft fee). The consumer does not make any further deposits to the account, and no other transactions occur between March 4 and March 6. Because the remaining negative balance is attributable to the March 1 check transaction, the institution may charge a sustained overdraft fee on March 6 in connection with the check. C. Assume that a consumer has a $50 account balance on March 1. That day, the institution posts a one-time debit card transaction of $60. At the end of that day, the consumer has an account balance of negative $10. The institution may not assess an overdraft fee for the debit card transaction. On March 3, the institution pays a check transaction of $100 and charges an overdraft fee of $20. At the end of that day, the consumer has an account balance of negative $130. The consumer does not make any deposits to the account, and no other transactions occur between March 4 and March 8. Because the consumer's negative balance is attributable in part to the check, the institution may assess a $20 sustained overdraft fee. However, because the check was paid on March 3, the institution must use March 3 as the start date for determining the date on which the sustained overdraft fee may be assessed. Thus, the institution may charge a $20 sustained overdraft fee on March 8. iii. Alternative approach. For a consumer who does not opt into the institution's overdraft service for ATM and one-time debit card transactions, an institution may also comply with the fee prohibition in §1005.17(b)(1) by not assessing daily or sustained overdraft, negative balance, or similar fees or charges unless a consumer's negative balance is attributable solely to check, ACH or other types of transactions not subject to the fee prohibition while that negative balance remains outstanding. In such case, the institution would not have to determine how to allocate subsequent deposits that reduce but do not eliminate the negative balance. For example, if a consumer has a negative balance of $30, of which $10 is attributable to a one-time debit card transaction, an institution complies with the fee prohibition if it does not assess a sustained overdraft fee while that negative balance remains outstanding. 17(b)(2) Conditioning Payment of Other Overdrafts on Consumer's Affirmative Consent 1. Application of the same criteria. The prohibitions on conditioning in §1005.17(b)(2) generally require an institution to apply the same criteria for deciding when to pay overdrafts for checks, ACH transactions, and other types of transactions, whether or not the consumer has affirmatively consented to the institution's overdraft service with respect to ATM and one-time debit card overdrafts. For example, if an institution's internal criteria would lead the institution to pay a check overdraft if the consumer had affirmatively consented to the institution's overdraft service for ATM and one-time debit card transactions, it must also apply the same criteria in a consistent manner in determining whether to pay the check overdraft if the consumer has not opted in. 2. No requirement to pay overdrafts on checks, ACH transactions, or other types of transactions. The prohibition on conditioning in §1005.17(b)(2) does not require an institution to pay overdrafts on checks, ACH transactions, or other types of transactions in all circumstances. Rather, the rule simply prohibits institutions from considering the consumer's decision not to opt in when deciding whether to pay overdrafts for checks, ACH transactions, or other types of transactions.2>17(b)(3) Same Account Terms, Conditions, and Features 1. Variations in terms, conditions, or features. A financial institution may not vary the terms, conditions, or features of an account provided to a consumer who does not affirmatively consent to the payment of ATM or one-time debit card transactions pursuant to the institution's overdraft service. This includes, but is not limited to: i. Interest rates paid and fees assessed; ii. The type of ATM or debit card provided to the consumer. For instance, an institution may not provide consumers who do not opt in a PIN-only card while providing a debit card with both PIN and signature-debit functionality to consumers who opt in; iii. Minimum balance requirements; or iv. Account features such as online bill payment services. 2. Limited-feature bank accounts. Section 1005.17(b)(3) does not prohibit institutions from offering deposit account products with limited features, provided that a consumer is not required to open such an account because the consumer did not opt in. For example, §1005.17(b)(3) does not prohibit an institution from offering a checking account designed to comply with state basic banking laws, or designed for consumers who are not eligible for a checking account because of their credit or checking account history, which may include features limiting the payment of overdrafts. However, a consumer who applies, and is otherwise eligible, for a full-service or other particular deposit account product may not be provided instead with the account with more limited features because the consumer has declined to opt in. 17(c) Timing 1. Permitted fees or charges. Fees or charges for ATM and one-time debit card overdrafts may be assessed only for overdrafts paid on or after the date the financial institution receives the consumer's affirmative consent to the institution's overdraft service. See also comment 17(b)-7. 17(d) Content and Format 1. Overdraft service. The description of the institution's overdraft service should indicate that the consumer has the right to affirmatively consent, or opt into payment of overdrafts for ATM and one-time debit card transactions. The description should also disclose the institution's policies regarding the payment of overdrafts for other transactions, including checks, ACH transactions, and automatic bill payments, provided that this content is not more prominent than the description of the consumer's right to opt into payment of overdrafts for ATM and one-time debit card transactions. As applicable, the institution also should indicate that it pays overdrafts at its discretion, and should briefly explain that if the institution does not authorize and pay an overdraft, it may decline the transaction. 2. Maximum fee. If the amount of a fee may vary from transaction to transaction, the financial institution may indicate that the consumer may be assessed a fee “up to” the maximum fee. The financial institution must disclose all applicable overdraft fees, including but not limited to: i. Per item or per transaction fees; ii. Daily overdraft fees; iii. Sustained overdraft fees, where fees are assessed when the consumer has not repaid the amount of the overdraft after some period of time (for example, if an account remains overdrawn for five or more business days); or iv. Negative balance fees. 3. Opt-in methods. The opt-in notice must include the methods by which the consumer may consent to the overdraft service for ATM and one-time debit card transactions. Institutions may tailor Model Form A-9 to the methods offered to consumers for affirmatively consenting to the service. For example, an institution need not provide the tear-off portion of Model Form A-9 if it is only permitting consumers to opt-in telephonically or electronically. Institutions may, but are not required, to provide a signature line or check box where the consumer can indicate that he or she declines to opt in. 4. Identification of consumer's account. An institution may use any reasonable method to identify the account for which the consumer submits the opt-in notice. For example, the institution may include a line for a printed name and an account number, as shown in Model Form A-9. Or, the institution may print a bar code or use other tracking information. See also comment 17(b)-6, which describes how an institution obtains a consumer's affirmative consent. 5. Alternative plans for covering overdrafts. If the institution offers both a line of credit subject to Regulation Z (12 CFR part 1026) and a service that transfers funds from another account of the consumer held at the institution to cover overdrafts, the institution must state in its opt-in notice that both alternative plans are offered. For example, the notice might state “We also offer overdraft protection plans, such as a link to a savings account or to an overdraft line of credit, which may be less expensive than our standard overdraft practices.” If the institution offers one, but not the other, it must state in its opt-in notice the alternative plan that it offers. If the institution does not offer either plan, it should omit the reference to the alternative plans. 17(f) Continuing Right To Opt-In or To Revoke the Opt-In 1. Fees or charges for overdrafts incurred prior to revocation. Section 1005.17(f)(1) provides that a consumer may revoke his or her prior consent at any time. If a consumer does so, this provision does not require the financial institution to waive or reverse any overdraft fees assessed on the consumer's account prior to the institution's implementation of the consumer's revocation request. 17(g) Duration of Opt-In 1. Termination of overdraft service. A financial institution may, for example, terminate the overdraft service when the consumer makes excessive use of the service. Section 1005.18—Requirements for Financial Institutions Offering Prepaid Accounts 18(a) Coverage 1. Issuance of access device. Consistent with §1005.5(a) and except as provided, as applicable, in §1005.5(b), a financial institution may issue an access device only in response to an oral or written request for the device, or as a renewal or substitute for an accepted access device. A consumer is deemed to request an access device for a payroll card account when the consumer chooses to receive salary or other compensation through a payroll card account. A consumer is deemed to request an access device for a prepaid account when, for example, the consumer acquires a prepaid account offered for sale at a retail location or applies for a prepaid account by telephone or online. If an access device for a prepaid account is provided on an unsolicited basis where the prepaid account is used for disbursing funds to a consumer, and the financial institution or third party making the disbursement does not offer any alternative means for the consumer to receive those funds in lieu of accepting the prepaid account, in order to satisfy §1005.5(b)(2), the financial institution must inform the consumer that the consumer has no other means by which to initially receive the funds in the prepaid account other than by accepting the access device, as well as the consequences of disposing of the access device. 2. Application to employers and service providers. Typically, employers and third-party service providers do not meet the definition of a “financial institution” subject to the regulation because they neither hold prepaid accounts (including payroll card accounts) nor issue prepaid cards and agree with consumers to provide EFT services in connection with prepaid accounts. However, to the extent an employer or a service provider undertakes either of these functions, it would be deemed a financial institution under the regulation. 18(b) Pre-Acquisition Disclosure Requirements 1. Written and electronic pre-acquisition disclosures. Section 1005.4(a)(1) generally requires that disclosures be made in writing; written disclosures may be provided in electronic form in accordance with the Electronic Signatures in Global and National Commerce Act (E-Sign Act) (15 U.S.C. 7001 et seq.). Because §1005.18(b)(6)(i)(B) provides that electronic disclosures required by §1005.18(b) need not meet the consumer consent or other applicable provisions of the E-Sign Act, §1005.18(b) addresses certain requirements for written and electronic pre-acquisition disclosures separately. Section 1005.18(b) also addresses specific requirements for pre-acquisition disclosures provided orally. 2. Currency. Fee amounts required to be disclosed by §1005.18(b) may be disclosed in a foreign currency for a prepaid account denominated in that foreign currency, other than the fee for the purchase price required by §1005.18(b)(5). For example, a prepaid account sold in a U.S. airport intended for use in England may disclose in pound sterling (£) the fees required to be disclosed in the short form and long form disclosures and outside the short form disclosure, except for the purchase price. 18(b)(1)(i) General 1. Disclosing the short form and long form before acquisition. Section 1005.18(b)(1)(i) generally requires delivery of a short form disclosure as described in §1005.18(b)(2), accompanied by the information required to be disclosed by §1005.18(b)(5), and a long form disclosure as described in §1005.18(b)(4) before a consumer acquires a prepaid account. i. For purposes of §1005.18(b)(1)(i), a consumer acquires a prepaid account by purchasing, opening or choosing to be paid via a prepaid account, as illustrated by the following examples: A. A consumer inquires about obtaining a prepaid account at a branch location of a bank. A consumer then receives the disclosures required by §1005.18(b). After receiving the disclosures, a consumer then opens a prepaid account with the bank. This consumer received the short form and long form pre-acquisition in accordance with §1005.18(b)(1)(i). B. A consumer learns that he or she can receive wages via a payroll card account, at which time the consumer is provided with a payroll card and the disclosures required by §1005.18(b) to review. The consumer then chooses to receive wages via a payroll card account. These disclosures were provided pre-acquisition in compliance with §1005.18(b)(1)(i). By contrast, if a consumer receives the disclosures required by §1005.18(b) to review at the end of the first pay period, after the consumer received the first payroll payment on the payroll card, these disclosures were provided to a consumer post-acquisition, and thus not provided in compliance with §1005.18(b)(1)(i). ii. Section 1005.18(b)(1)(i) permits delivery of the disclosures required by §1005.18(b) at the time the consumer receives the prepaid account, rather than prior to acquisition, for prepaid accounts that are used for disbursing funds to consumers when the financial institution or third party making the disbursement does not offer any alternative means for the consumer to receive those funds in lieu of accepting the prepaid account. For example, a utility company refunds consumers' initial deposits for its utility services via prepaid accounts delivered to consumers by mail. Neither the utility company nor the financial institution that issues the prepaid accounts offer another means for a consumer to receive that refund other than by accepting the prepaid account. In this case, the financial institution may provide the disclosures required by §1005.18(b) together with the prepaid account (e.g., in the same envelope as the prepaid account); it is not required to deliver the disclosures separately prior to delivery of the prepaid account. 2. Disclosures provided electronically. Disclosures required by §1005.18(b) may be provided before or after a consumer has initiated the process of acquiring a prepaid account electronically. When the disclosures required by §1005.18(b) are presented after a consumer has initiated the process for acquiring a prepaid account online or via a mobile device, but before a consumer chooses to accept the prepaid account, such disclosures are also made pre-acquisition in accordance with §1005.18(b)(1)(i). The disclosures required by §1005.18(b) that are provided electronically when a consumer acquires a prepaid account electronically are not considered to be given pre-acquisition unless a consumer must view the web page containing the disclosures before choosing to accept the prepaid account. The following examples illustrate several methods by which a financial institution may present §1005.18(b) disclosures before a consumer acquires a prepaid account electronically in compliance with §1005.18(b)(1)(i): i. A financial institution presents the short form disclosure required by §1005.18(b)(2), together with the information required by §1005.18(b)(5), and the long form disclosure required by §1005.18(b)(4) on the same web page. A consumer must view the web page before choosing to accept the prepaid account. ii. A financial institution presents the short form disclosure required by §1005.18(b)(2), together with the information required by §1005.18(b)(5), on a web page. The financial institution includes, after the short form disclosure or as part of the statement required by §1005.18(b)(2)(xiii), a link that directs the consumer to a separate web page containing the long form disclosure required by §1005.18(b)(4). The consumer must view the web page containing the long form disclosure before choosing to accept the prepaid account. iii. A financial institution presents on a web page the short form disclosure required by §1005.18(b)(2), together with the information required by §1005.18(b)(5), followed by the initial disclosures required by §1005.7(b), which contains the long form disclosure required by §1005.18(b)(4), in accordance with §1005.18(f)(1). The financial institution includes, after the short form disclosure or as part of the statement required by §1005.18(b)(2)(xiii), a link that directs the consumer to the section of the initial disclosures containing the long form disclosure pursuant to §1005.18(b)(4). A consumer must view this web page before choosing to accept the prepaid account. 18(b)(1)(ii) Disclosures for Prepaid Accounts Acquired in Retail Locations 1. Retail locations. Section 1005.18(b)(1)(ii) sets forth an alternative timing regime for pre-acquisition disclosures for prepaid accounts acquired in person at retail locations. For purposes of §1005.18(b)(1)(ii), a retail location is a store or other physical site where a consumer can purchase a prepaid account in person and that is operated by an entity other than the financial institution that issues the prepaid account. A branch of a financial institution that offers its own prepaid accounts is not a retail location with respect to those accounts and, thus, both the short form and the long form disclosure must be provided pre-acquisition pursuant to the timing requirement set forth in §1005.18(b)(1)(i). 2. Disclosures provided inside prepaid account access device packaging material. Except when providing the long form disclosure post-acquisition in accordance with the retail location exception set forth in §1005.18(b)(1)(ii), the disclosures required by §1005.18(b)(2), (4), and (5) must be provided to a consumer pre-acquisition in compliance with §1005.18(b)(1)(i). A short form disclosure is not considered to have been provided pre-acquisition if, for example, it is inside the packaging material accompanying a prepaid account access device such that the consumer cannot see or access the disclosure before acquiring the prepaid account. 3. Consumers working in retail locations. A payroll card account offered to consumers working in retail locations is not eligible for the retail location exception in §1005.18(b)(1)(ii); thus, a consumer employee must receive both the short form and long form disclosures for the payroll card account pre-acquisition pursuant to the timing requirement set forth in §1005.18(b)(1)(i). 4. Providing the long form disclosure by telephone and website pursuant to the retail location exception. Pursuant to §1005.18(b)(1)(ii), a financial institution may provide the long form disclosure described in §1005.18(b)(4) after a consumer acquires a prepaid account in a retail location, if the conditions set forth in §1005.18(b)(1)(ii)(A) through (D) are met. Pursuant to §1005.18(b)(1)(ii)(C), a financial institution must make the long form disclosure accessible to consumers by telephone and via a website when not providing a written version of the long form disclosure pre-acquisition. A financial institution may, for example, provide the long form disclosure by telephone using an interactive voice response or similar system or by using a customer service agent. A financial institution that has not obtained the consumer's contact information is not required to comply with the requirements set forth in §1005.18(b)(1)(ii)(D). A financial institution is able to contact the consumer when, for example, it has the consumer's mailing address or email address. 18(b)(1)(iii) Disclosures for Prepaid Accounts Acquired Orally by Telephone 1. Prepaid accounts acquired by telephone. Section 1005.18(b)(1)(iii) sets forth requirements for prepaid accounts acquired orally by telephone. For purposes of §1005.18(b)(1)(iii), a prepaid account is considered to have been acquired orally by telephone when a consumer speaks to a customer service agent or communicates with an automated system, such as an interactive voice response system, to provide personally identifiable information to acquire a prepaid account. Prepaid accounts acquired using a mobile device without speaking to a customer service agent or communicating with an automated system are not considered to have been acquired orally by telephone. 18(b)(2) Short Form Disclosure Content 1. Disclosures that are not applicable or are free. The short form disclosures required by §1005.18(b)(2) must always be provided prior to prepaid account acquisition, even when a particular feature is free or is not applicable to a specific prepaid account product. For example, if a financial institution does not charge a fee to a consumer for withdrawing money at an automated teller machine in the financial institution's network or an affiliated network, which is required to be disclosed pursuant to §1005.18(b)(2)(iii), the financial institution would list “ATM withdrawal in-network” on the short form disclosure and list “$0” as the fee. If, however, the financial institution does not have its own network or an affiliated network from which a consumer can withdraw money via automated teller machine, the financial institution would list “ATM withdrawal in-network” on the short form disclosure but instead of disclosing a fee amount, state “N/A.” (The financial institution must still disclose any fee it charges for out-of-network ATM withdrawals.) 2. Prohibition on disclosure of finance charges. Pursuant to §1005.18(b)(3)(vi), a financial institution may not include in the short form disclosure finance charges as described in Regulation Z, 12 CFR 1026.4(b)(11), imposed in connection with a covered separate credit feature accessible by a hybrid prepaid-credit card as defined in §1026.61. See also comment 18(b)(3)(vi)-1. 18(b)(2)(i) Periodic Fee 1. Periodic fee variation. If the amount of a fee disclosed on the short form could vary, the financial institution must disclose in the short form the information required by §1005.18(b)(3)(i). If the amount of the periodic fee could vary, the financial institution may opt instead to use an alternative disclosure pursuant to §1005.18(b)(3)(ii). See comments 18(b)(3)(i)-1 and 18(b)(3)(ii)-1. 18(b)(2)(iii) ATM Withdrawal Fees 1. International ATM withdrawal fees. Pursuant to §1005.18(b)(2)(iii), a financial institution must disclose the fees imposed when a consumer uses an automated teller machine to initiate a withdrawal of cash in the United States from the prepaid account, both within and outside of the financial institution's network or a network affiliated with the financial institution. A financial institution may not disclose its fee (if any) for using an automated teller machine to initiate a withdrawal of cash in a foreign country in the disclosure required by §1005.18(b)(2)(iii), although it may be required to disclose that fee as an additional fee type pursuant to §1005.18(b)(2)(ix). 18(b)(2)(iv) Cash Reload Fee 1. Total of all charges. Pursuant to §1005.18(b)(2)(iv), a financial institution must disclose the total of all charges imposed when a consumer reloads cash into a prepaid account, including charges imposed by the financial institution as well as any charges that may be imposed by third parties for the cash reload. The cash reload fee includes the cost of adding cash to the prepaid account at a point-of-sale terminal, the cost of purchasing an additional card or other device on which cash is loaded and then transferred into the prepaid account, or any other method a consumer may use to reload cash into the prepaid account. For example, a financial institution does not have its own proprietary cash reload network and instead contracts with a third-party reload network for this service. The financial institution itself does not charge any fee related to cash reloads but the third-party reload network charges a fee of $3.95 per cash reload. The financial institution must disclose the cash reload fee as $3.95. If the financial institution offers more than one method to reload cash into the prepaid account, §1005.18(b)(3)(i) requires disclosure of the highest cash reload fee. For example, a financial institution contracts with two third-party cash reload networks; one third party charges $3.95 for a point-of-sale reload and the other third party charges $2.95 for purchase of a reload pack. In addition to the third-party cash reload charge, the financial institution charges a $1 fee for every cash reload. The financial institution must disclose the cash reload fee on the short form as $4.95, that is, the highest third-party fee plus the financial institution's $1 fee. See comment 18(b)(3)(v)-1 for additional guidance regarding third-party fees for cash reloads. 2. Cash deposit fee. If a financial institution does not permit cash reloads via a third-party reload network but instead permits cash deposits, for example, in a bank branch, the term “cash deposit” may be substituted for “cash reload.” 18(b)(2)(v) ATM Balance Inquiry Fees 1. International ATM balance inquiry fees. Pursuant to §1005.18(b)(2)(v), a financial institution must disclose the fees imposed when a consumer uses an automated teller machine to check the balance of the prepaid account in the United States, both within and outside of the financial institution's network or a network affiliated with the financial institution. A financial institution may not disclose its fee (if any) for using an automated teller machine to check the balance of the prepaid account in a foreign country in the disclosure required by §1005.18(b)(2)(v), although it may be required to disclose that fee as an additional fee type pursuant to §1005.18(b)(2)(ix). 18(b)(2)(vii) Inactivity Fee 1. Inactivity fee conditions. Section 1005.18(b)(2)(vii) requires disclosure of any fee for non-use, dormancy, or inactivity of the prepaid account as well as the conditions that trigger the financial institution to impose that fee. For example, a financial institution that imposes an inactivity fee of $1 per month after 12 months without any transactions on the prepaid account would disclose on the short form “Inactivity (after 12 months with no transactions)” and “$1.00 per month.” 18(b)(2)(viii) Statements Regarding Additional Fee Types 18(b)(2)(viii)(A) Statement Regarding Number of Additional Fee Types Charged 1. Fee types counted in total number of additional fee types. Section 1005.18(b)(2)(viii)(A) requires a statement disclosing the number of additional fee types the financial institution may charge consumers with respect to the prepaid account, using the following clause or a substantially similar clause: “We charge [x] other types of fees.” The number of additional fee types disclosed must reflect the total number of fee types under which the financial institution may charge fees, excluding fees required to be disclosed pursuant to §1005.18(b)(2)(i) through (vii) and (b)(5) and any finance charges as described in Regulation Z, 12 CFR 1026.4(b)(11), imposed in connection with a covered separate credit feature accessible by a hybrid prepaid-credit card as defined in 12 CFR 1026.61. The following clarify which fee types to include in the total number of additional fee types: i. Fee types excluded from the number of additional fee types. The number of additional fee types required to be disclosed pursuant to §1005.18(b)(2)(viii)(A) does not include the fees otherwise required to be disclosed in the short form pursuant to §1005.18(b)(2)(i) through (vii), nor any purchase fee or activation fee required to be disclosed outside the short form pursuant to §1005.18(b)(5). It also does not include any finance charges as described in Regulation Z, 12 CFR 1026.4(b)(11), imposed in connection with a credit feature defined in 12 CFR 1026.61. The number of additional fee types includes only fee types under which the financial institution may charge fees; accordingly, third-party fees are not included unless they are imposed for services performed on behalf of the financial institution. In addition, the number of additional fee types includes only fee types the financial institution may charge consumers with respect to the prepaid account; accordingly, additional fee types does not include other revenue sources such as interchange fees or fees paid by employers for payroll card programs, government agencies for government benefit programs, or other entities sponsoring prepaid account programs for financial disbursements. ii. Fee types counted in the number of additional fee types. Fee types that bear a relationship to, but are separate from, the static fee types disclosed in the short form must be counted as additional fees for purposes of §1005.18(b)(2)(viii). For example, the ATM withdrawal and ATM balance inquiry fee types required to be disclosed respectively by §1005.18(b)(2)(iii) and (v) that are excluded from the number of additional fee types pursuant to §1005.18(b)(2)(viii) do not include such services outside of the United States. Thus, any international ATM fees charged by the financial institution for ATM withdrawal or balance inquiries must each be counted in the total number of additional fee types. Similarly, any fees for reloading funds into a prepaid account in a form other than cash (such as electronic reload and check reload, as described in comment 18(b)(2)(viii)(A)-2) must be counted in the total number of additional fee types because §1005.18(b)(2)(iv) is limited to cash reloads. Also, additional fee types disclosed in the short form pursuant to §1005.18(b)(2)(ix) must be counted in the total number of additional fee types. 2. Examples of fee types and fee variations. The term fee type, as used in §1005.18(b)(2)(viii) and (ix), is a general category under which a financial institution charges fees to consumers. A financial institution may charge only one fee within a particular fee type, or may charge two or more variations of fees within the same fee type. The following is a list of examples of fee types a financial institution may use when determining both the number of additional fee types charged pursuant to §1005.18(b)(2)(viii)(A) and any additional fee types to disclose pursuant to §1005.18(b)(2)(ix). A financial institution may create an appropriate name for other additional fee types. i. Fee types related to reloads of funds. Fee types for reloading funds into a prepaid account. Fees for cash reloads are required to be disclosed in the short form pursuant to §1005.18(b)(2)(iv) and that such fees are not counted in the total number of additional fee types or disclosed as an additional fee type pursuant to §1005.18(b)(2)(ix). Fee types for other methods to reload funds, such as Electronic reload or Check reload, would be counted in the total number of additional fee types and may be required to be disclosed as additional fee types pursuant to §1005.18(b)(2)(ix). A. Electronic reload. Fees for reloading a prepaid account through electronic methods. Fee variations within this fee type may include fees for transferring funds from a consumer's bank account via ACH, reloads conducted using a debit card or credit card, and for incoming wire transfers. B. Check reload. Fees for reloading a prepaid account using checks. Fee variations within this fee type may include fees for depositing checks at an ATM, depositing checks with a teller at the financial institution's branch location, mailing checks to the financial institution for deposit, and depositing checks using remote deposit capture. ii. Fee types related to withdrawals of funds. Fee types for withdrawing funds from a prepaid account. Per purchase fees and ATM withdrawal fees within the United States are fee types required to be disclosed in the short form respectively pursuant to §1005.18(b)(2)(ii) and (iii) and thus such fees are not counted in the total number of additional fee types or disclosed as an additional fee type pursuant to §1005.18(b)(2)(ix). Fee types for other methods to withdraw funds, such as Electronic withdrawal, Teller withdrawal, Cash back at point of sale (POS), and Account closure would be counted in the total of additional fee types and may be required to be disclosed as additional fee types pursuant to §1005.18(b)(2)(ix). A. Electronic withdrawal. Fees for withdrawing funds from a prepaid account through electronic methods other than an ATM. Fee variations within this fee type may include fees for transferring funds from the prepaid account to a consumer's bank account or other destination. B. Teller withdrawal. Fees for withdrawing funds from a prepaid account in person with a teller at a bank or credit union. Fee variations within this fee type may include fees for withdrawing funds, whether at the financial institution's own branch locations or at another bank or credit union. C. Cash back at POS. Fees for withdrawing cash from a prepaid account via cash back at a merchant's point-of-sale terminal. D. Account closure. Fees for closing out a prepaid account, such as for a check refund. Fee variations within this fee type may include fees for regular and expedited delivery of close-out funds. iii. Fee types related to international transactions. Fee types for international transactions and ATM activity. A. International ATM withdrawal. Fees for withdrawing funds at an ATM outside the United States. This fee type does not include fees for ATM withdrawals in the United States, as such fees are required to be disclosed in the short form pursuant to §1005.18(b)(2)(iii). B. International ATM balance inquiry. Fees for balance inquiries at an ATM outside the United States. This fee type does not include fees for ATM balance inquiries in the United States, as such fees are required to be disclosed in the short form pursuant to §1005.18(b)(2)(v). C. International transaction (excluding ATM withdrawal and balance inquiry). Fees for transactions outside the United States. Fee variations within this fee type may include fees for currency conversion, foreign exchange processing, and other charges for transactions outside of the United States. iv. Bill payment. Fees for bill payment services. Fee variations within this fee type may include fees for ACH bill payment, paper check bill payment, check cancellation, and expedited delivery of paper check. v. Person-to-person or card-to-card transfer of funds. Fees for transferring funds from one prepaid account to another prepaid account. Fee variations within this fee type may include fees for transferring funds to another prepaid account within or outside of a specified prepaid account program, transferring funds to another cardholder within the United States or outside the United States, and expedited transfer of funds. vi. Paper checks. Fees for providing paper checks that draw on the prepaid account. Fee variations within this fee type may include fees for providing checks and associated shipping costs. This does not include checks issued as part of a bill pay service, which are addressed in comment 18(b)(2)(viii)(A)-2.iv above. vii. Stop payment. Fees for stopping payment of a preauthorized transfer of funds. viii. Fee types related to card services. Fee types for card services. A. Card replacement. Fees for replacing or reissuing a prepaid card that has been lost, stolen, damaged, or that has expired. Fee variations within this fee types may include fees for replacing the card, regular or expedited delivery of the replacement card, and international card replacement. B. Secondary card. Fees for issuing an additional access device assigned to a particular prepaid account. C. Personalized card. Fees for customizing or personalizing a prepaid card. ix. Legal. Fees for legal process. Fee variations within this fee type may include fees for garnishments, attachments, levies, and other court or administrative orders against a prepaid account. 3. Multiple service plans. Pursuant to §1005.18(b)(2)(vi), a financial institution using the multiple service plan short form disclosure pursuant to §1005.18(b)(6)(iii)(B)(2) must disclose only the fee for calling customer service via a live agent. Thus, pursuant to §1005.18(b)(2)(viii), any charge for calling customer service via an interactive voice response system must be counted in the total number of additional fee types. 4. Consistency in additional fee type categorization. A financial institution must use the same categorization of fee types in the number of additional fee types disclosed pursuant to §1005.18(b)(2)(viii) and in its determination of which additional fee types to disclose pursuant to §1005.18(b)(2)(ix). 18(b)(2)(viii)(B) Statement Directing Consumers to Disclosure of Additional Fee Types 1. Statement clauses. Section 1005.18(b)(2)(viii)(B) requires, if a financial institution makes a disclosure of additional fee types pursuant to §1005.18(b)(2)(ix), it must include in the short form a statement directing consumers to that disclosure, located after but on the same line of text as the statement regarding the number of additional fee types required by §1005.18(b)(2)(viii)(A), using the following clause or a substantially similar clause: “Here are some of them:”. A financial institution that makes no disclosure pursuant to §1005.18(b)(2)(ix) may not include a disclosure pursuant to §1005.18(b)(2)(viii)(B). The following examples provide guidance regarding substantially similar clauses a financial institution may use in certain circumstances to make its disclosures under §1005.18(b)(2)(viii)(A) and (B): i. A financial institution that has one additional fee type and discloses that additional fee type pursuant to §1005.18(b)(2)(ix) might provide the statements required by §1005.18(b)(2)(viii)(A) and (B) together as: “We charge 1 other type of fee. It is:”. ii. A financial institution that has five additional fee types and discloses one of those additional fee types pursuant to §1005.18(b)(2)(ix) might provide the statements required by §1005.18(b)(2)(viii)(A) and (B) together as: “We charge 5 other types of fees. Here is 1 of them:”. iii. A financial institution that has two additional fee types and discloses both of those fee types pursuant to §1005.18(b)(2)(ix) might provide the statement required by §1005.18(b)(2)(viii)(A) and (B) together as: “We charge 2 other types of fees. They are:”. 18(b)(2)(ix) Disclosure of Additional Fee Types 18(b)(2)(ix)(A) Determination of Which Additional Fee Types To Disclose 1. Number of fee types to disclose. Section 1005.18(b)(2)(ix)(A) requires disclosure of the two fee types that generate the highest revenue from consumers for the prepaid account program or across prepaid account programs that share the same fee schedule during the time period provided in §1005.18(b)(2)(ix)(D) and (E), excluding the categories set forth in §1005.18(b)(2)(ix)(A)(1) through (3). See comment 18(b)(2)(viii)(A)-2 for guidance on and examples of fee types. If a prepaid account program has two fee types that satisfy the criteria in §1005.18(b)(2)(ix)(A), it must disclose both fees. If a prepaid account program has three or more fee types that potentially satisfy the criteria in §1005.18(b)(2)(ix)(A), the financial institution must disclose only the two fee types that generate the highest revenue from consumers. See comment 18(b)(2)(ix)(B)-1 for guidance regarding the disclosure of additional fee types for a prepaid account with fewer than two fee types that satisfy the criteria in §1005.18(b)(2)(ix)(A). 2. Abbreviations. Commonly accepted or readily understandable abbreviations may be used as needed for additional fee types and fee variations disclosed pursuant to §1005.18(b)(2)(ix). For example, to accommodate on one line in the short form disclosure the additional fee types “international ATM balance inquiry” or “person-to-person transfer of funds,” with or without fee variations, a financial institution may choose to abbreviate the fee type name as “Int'l ATM inquiry” or “P2P transfer.” 3. Revenue from consumers. The revenue calculation for the disclosure of additional fee types pursuant to §1005.18(b)(2)(ix)(A) is based on fee types that the financial institution may charge consumers with respect to the prepaid account. The calculation excludes other revenue sources such as revenue generated from interchange fees and fees paid by employers for payroll card programs, government agencies for government benefit programs, and other entities sponsoring prepaid account programs for financial disbursements. It also excludes third-party fees, unless they are imposed for services performed on behalf of the financial institution. 4. Assessing revenue within and across prepaid account programs to determine disclosure of additional fee types. Pursuant to §1005.18(b)(2)(ix)(A), the disclosure of the two fee types that generate the highest revenue from consumers must be determined for each prepaid account program or across prepaid account programs that share the same fee schedule. Thus, if a financial institution offers more than one prepaid account program, unless the programs share the same fee schedule, the financial institution must consider the fee revenue data separately for each prepaid account program and not consolidate the fee revenue data across prepaid account programs. Prepaid account programs are deemed to have the same fee schedules if they charge the same fee amounts, including offering the same fee waivers and fee reductions for the same features. The following examples illustrate how to assess revenue within and across prepaid account programs to determine the disclosure of additional fee types: i. Prepaid account programs with different fee schedules. A financial institution offers multiple prepaid account programs and each program has a different fee schedule. The financial institution must consider the revenue from consumers for each program separately; it may not consider the revenue from all of its prepaid account programs together in determining the disclosure of additional fee types for its programs. ii. Prepaid account programs with identical fee schedules. A financial institution offers multiple prepaid account programs and they all share the same fee schedule. The financial institution may consider the revenue across all of its prepaid account programs together in determining the disclosure of additional fee types for its programs. iii. Prepaid account programs with both different fee schedules and identical fee schedules. A financial institution offers multiple prepaid account programs, some of which share the same fee schedule. The financial institution may consider the revenue across all prepaid account programs with identical fee schedules in determining the disclosure of additional fee types for those programs. The financial institution must separately consider the revenue from each of the prepaid account programs with unique fee schedules. iv. Multiple service plan prepaid account programs. A financial institution that discloses multiple service plans on a short form disclosure as permitted by §1005.18(b)(6)(iii)(B)(2) must consider revenue across all of those plans in determining the disclosure of additional fee types for that program. If, however, the financial institution instead is disclosing the default service plan pursuant to §1005.18(b)(6)(iii)(B)(1), the financial institution must consider the revenue generated from consumers for the default service plan only. See §1005.18(b)(6)(iii)(B)(2) and comment 18(b)(6)(iii)(B)(2)-1 for guidance on what constitutes multiple service plans. 5. Exclusions. Once the financial institution has calculated the fee revenue data for the prepaid account program or across prepaid account programs that share the same fee schedule during the appropriate time period, it must remove from consideration the categories excluded pursuant to §1005.18(b)(2)(ix)(A)(1) through (3) before determining the fee types, if any, that generated the highest revenue. i. Exclusion for fee types required to be disclosed elsewhere. Fee types otherwise required to be disclosed in or outside the short form are excluded from the additional fee types required to be disclosed pursuant to §1005.18(b)(2)(ix)(A)(1). Thus, the following fee types are excluded: Periodic fee, per purchase fee, ATM withdrawal fees (for ATM withdrawals in the United States), cash reload fee, ATM balance inquiry fees (for ATM balance inquiries in the United States), customer service fees, and inactivity fee. However, while the cash reload fee type is excluded, other reload fee types, such as electronic reload and check reload, are not excluded under §1005.18(b)(2)(ix)(A)(1) and thus may be disclosed as additional fee types pursuant to §1005.18(b)(2)(ix). Similarly, while the fee types ATM withdrawal and ATM balance inquiry in the United States are excluded, international ATM withdrawal and international ATM balance inquiry fees are not excluded under §1005.18(b)(2)(ix)(A)(1) and thus may be disclosed as additional fee types pursuant to §1005.18(b)(2)(ix). Also pursuant to §1005.18(b)(2)(ix)(A)(1), the purchase price and activation fee, if any, required to be disclosed outside the short form disclosure pursuant to §1005.18(b)(5), are excluded from the additional fee types required to be disclosed pursuant to §1005.18(b)(2)(ix). ii. De minimis exclusion. Any fee types that generated less than 5 percent of the total revenue from consumers for the prepaid account program or across prepaid account programs that share the same fee schedule during the time period provided in §1005.18(b)(2)(ix)(D) and (E) are excluded from the additional fee types required to be disclosed pursuant to §1005.18(b)(2)(ix)(A)(2). For example, for a particular prepaid account program over the appropriate time period, bill payment, check reload, and card replacement are the only fee types that generated 5 percent or more of the total revenue from consumers at, respectively, 15 percent, 10 percent, and 7 percent. Two other fee types, legal fee and personalized card, generated revenue below 1 percent of the total revenue from consumers. The financial institution must disclose bill payment and check reload as the additional fee types for that particular prepaid account program because those two fee types generated the highest revenue from consumers from among the categories not excluded from disclosure as additional fee types. For a different prepaid account program over the appropriate time period, bill payment is the only fee type that generated 5 percent or more of the total revenue from consumers. Two other fee types, check reload and card replacement, each generated revenue below 5 percent of the total revenue from consumers. The financial institution must disclose bill payment as an additional fee type for that particular prepaid account program because it is the only fee type that satisfies the criteria of §1005.18(b)(2)(ix)(A). The financial institution may, but is not required to, disclose either check reload or card replacement on the short form as well, pursuant to §1005.18(b)(2)(ix)(B). See comment 18(b)(2)(ix)(B)-1. iii. Exclusion for credit-related fees. Any finance charges as described in Regulation Z, 12 CFR 1026.4(b)(11), imposed in connection with a covered separate credit feature accessible by a hybrid prepaid-credit card as defined in 12 CFR 1026.61, are excluded from the additional fee types required to be disclosed pursuant to §1005.18(b)(2)(ix)(A)(3). Pursuant to §1005.18(b)(2)(viii)(A)(2), such finance charges are also excluded from the number of additional fee types disclosed. 18(b)(2)(ix)(B) Disclosure of Fewer Than Two Additional Fee Types 1. Disclosure of one or no additional fee types. The following examples provide guidance on the additional fee types disclosure pursuant to §1005.18(b)(2)(ix)(B) for a prepaid account with fewer than two fee types that satisfy the criteria in §1005.18(b)(2)(ix)(A): i. A financial institution has a prepaid account program with only one fee type that satisfies the criteria in §1005.18(b)(2)(ix)(A) and thus, pursuant to §1005.18(b)(2)(ix)(A), the financial institution must disclose that one fee type. The prepaid account program has three other fee types that generate revenue from consumers, but they do not exceed the de minimis threshold or otherwise satisfy the criteria in §1005.18(b)(2)(ix)(B). Pursuant to §1005.18(b)(2)(ix)(B), the financial institution is not required to make any additional disclosure, but it may choose to disclose one of the three fee types that do not meet the criteria in §1005.18(b)(2)(ix)(A). ii. A financial institution has a prepaid account program with four fee types that generate revenue from consumers, but none exceeds the de minimis threshold or otherwise satisfy the criteria in §1005.18(b)(2)(ix)(A). Pursuant to §1005.18(b)(2)(ix)(B), the financial institution is not required to make any disclosure, but it may choose to disclose one or two of the fee types that do not meet the criteria in §1005.18(b)(2)(ix)(A). 2. No disclosure of finance charges as an additional fee type. Pursuant to §1005.18(b)(3)(vi), a financial institution may not disclose any finance charges as a voluntary additional fee disclosure under §1005.18(b)(2)(ix)(B). 18(b)(2)(ix)(C) Fee Variations in Additional Fee Types 1. Two or more fee variations. Section 1005.18(b)(2)(ix)(C) specifies how to disclose additional fee types with two fee variations, more than two fee variations, and for multiple service plans pursuant to §1005.18(b)(6)(iii)(B)(2). See comment 18(b)(2)(viii)(A)-2 for guidance on and examples of fee types and fee variations within those fee types. The following examples illustrate how to disclose two-tier fees and other fee variations in additional fee types: i. Two fee variations with different fee amounts. A financial institution charges a fee of $1 for providing a card replacement using standard mail service and charges a fee of $5 for providing a card replacement using expedited delivery. The financial institution must calculate the total revenue generated from consumers for all card replacements, both via standard mail service and expedited delivery, during the required time period to determine whether it is required to disclose card replacement as an additional fee type pursuant to §1005.18(b)(2)(ix). Because there are only two fee variations for the fee type “card replacement,” if card replacement is required to be disclosed as an additional fee type pursuant to §1005.18(b)(2)(ix)(A), the financial institution must disclose both fee variations pursuant to §1005.18(b)(2)(ix)(C). Thus, the financial institution would disclose on the short form the fee type and two variations as “Card replacement (regular or expedited delivery)” and the fee amount as “$1.00 or $5.00”. ii. More than two fee variations. A financial institution offers two methods of bill payment—via ACH and paper check—and offers two modes of delivery for bill payments made by paper check—regular standard mail service and expedited delivery. The financial institution charges $0.25 for bill pay via ACH, $0.50 for bill pay via paper check sent by regular standard mail service, and $3 for bill pay via paper check sent via expedited delivery. The financial institution must calculate the total revenue generated from consumers for all methods of bill pay and all modes of delivery during the required time period to determine whether it must disclose bill payment as an additional fee type pursuant to §1005.18(b)(2)(ix). Because there are more than two fee variations for the fee type “bill payment,” if bill payment is required to be disclosed as an additional fee type pursuant to §1005.18(b)(2)(ix)(A), the financial institution has two options for the disclosure. The financial institution may disclose the highest fee, $3, followed by a symbol, such as an asterisk, linked to a statement explaining that the fee could be lower depending on how and where the prepaid account is used, pursuant to §1005.18(b)(3)(i). Thus, the financial institution would disclose on the short form the fee type as “Bill payment” and the fee amount as “$3.00”. Alternatively, the financial institution may consolidate the fee variations into two categories, such as regular delivery and expedited delivery. In this case, the financial institution would make this disclosure on the short form as: “Bill payment (regular or expedited delivery)” and the fee amount as “$0.50 or $3.00”. iii. Two fee variations with like fee amounts. A financial institution offers two methods of check reload for which it charges a fee—depositing checks at an ATM and depositing checks with a teller at the financial institution's branch locations. There is a fee of $0.50 for both methods of check deposit. The financial institution must calculate the total revenue generated from both of these check reload methods during the required time period to determine whether it must disclose this fee type as an additional fee type pursuant to §1005.18(b)(2)(ix). Because the fee amounts are the same for the two methods of check deposit, if the fee type is required to be disclosed as an additional fee type, the financial institution's options for disclosing this fee type in accordance with §1005.18(b)(2)(ix)(C) and (b)(3)(iii) include: “Check reload (ATM or teller check dep)” and the fee amount as “$0.50” or “Check reload” and the fee amount as “$0.50”. iv. Multiple service plans. A financial institution provides a short form disclosure for multiple service plans pursuant to §1005.18(b)(6)(iii)(B)(2). Notwithstanding that an additional fee type has only two fee variations, a financial institution must disclose the highest fee in accordance with §1005.18(b)(3)(i). 2. One fee variation under a particular fee type. Section 1005.18(b)(2)(ix)(C) provides in part that, if a financial institution only charges one fee under a particular fee type, the financial institution must disclose the name of the additional fee type and the fee amount; it may, but is not required to, disclose also the name of the one fee variation, if any, for which the fee amount is charged, in a format substantially similar to that used to disclose the two-tier fees required by §1005.18(b)(2)(v) and (vi), except that the financial institution must disclose only the one fee variation name and fee amount instead of two. For example, a financial institution offers one method of electronic reload for which it charges a fee—electronic reload conducted using a debit card. The financial institution must calculate the total revenue generated from consumers for the fee type electronic reload (i.e., in this case, electronic reloads conducted using a debit card) during the required time period to determine whether it must disclose electronic reload as an additional fee type pursuant to §1005.18(b)(2)(ix). Because the financial institution only charges one fee variation under the fee type electronic reload, if this fee type is required to be disclosed as an additional fee type, the financial institution has two options for disclosing this fee type in accordance with §1005.18(b)(2)(ix)(C): “Electronic reload (debit card)” and the fee amount as “$1.00” or “Electronic reload” and the fee amount as “$1.00”. 18(b)(2)(ix)(D) Timing of Initial Assessment of Additional Fee Types Disclosure 18(b)(2)(ix)(D)(1) Existing Prepaid Account Programs as of April 1, 2019 1. 24 month period with available data. Section 1005.18(b)(2)(ix)(D)(1) requires for a prepaid account program in effect as of April 1, 2019 the financial institution must disclose additional fee types based on revenue for a 24-month period that begins no earlier than October 1, 2014. Thus, a prepaid account program that was in existence as of April 1, 2019 must assess its additional fee types disclosure from data collected during a consecutive 24-month period that took place between October 1, 2014 and April 1, 2019. For example, an existing prepaid account program was first offered to consumers on January 1, 2012 and provides its first short form disclosure on April 1, 2019. The earliest 24-month period from which that financial institution could calculate its first additional fee types disclosure would be from October 1, 2014 to September 30, 2016. 18(b)(2)(ix)(D)(2) Existing Prepaid Account Programs as of April 1, 2019 With Unavailable Data 1. 24 month period without available data. Section 1005.18(b)(2)(ix)(D)(2) requires that if a financial institution does not have 24 months of fee revenue data for a particular prepaid account program from which to calculate the additional fee types disclosure in advance of April 1, 2019, the financial institution must disclose the additional fee types based on revenue it reasonably anticipates the prepaid account program will generate over the 24-month period that begins on April 1, 2019. For example, a financial institution begins offering to consumers a prepaid account program six months before April 1, 2019. Because the prepaid account program will not have 24 months of fee revenue data prior to April 1, 2019, pursuant to §1005.18(b)(2)(ix)(D)(2) the financial institution must disclose the additional fee types it reasonably anticipates the prepaid account program will generate over the 24-month period that begins on April 1, 2019. The financial institution would take into account the data it had accumulated at the time of its calculation to arrive at the reasonably anticipated additional fee types for the prepaid account program. 18(b)(2)(ix)(E) Timing of Periodic Reassessment and Update of Additional Fee Types Disclosure 18(b)(2)(ix)(E)(2) Periodic Reassessment 1. Periodic reassessment and, if applicable, update of additional fee types disclosure. Pursuant to §1005.18(b)(2)(ix)(E)(2), a financial institution must reassess whether its previously disclosed additional fee types continue to comply with the requirements of §1005.18(b)(2)(ix) every 24 months based on revenue for the previous 24-month period. The financial institution must complete this reassessment and update its disclosure, if applicable, within three months of the end of the 24-month period, except as provided in the update printing exception in §1005.18(b)(2)(ix)(E)(4). The following examples provide guidance on the periodic assessment and, if applicable, update of the disclosure of additional fee types pursuant to §1005.18(b)(2)(ix)(E)(2): i. Reassessment with no change in the additional fee types disclosed. A financial institution disclosed two additional fee types (bill payment and card replacement) for a particular prepaid account program on April 1, 2019. Starting on April 1, 2021, the financial institution assessed the fee revenue data it collected over the previous 24 months, and the two additional fee types previously disclosed continue to qualify as additional fee types pursuant to §1005.18(b)(2)(ix). The financial institution is not required to take any action with regard to the disclosure of additional fee types for that prepaid account program. ii. Reassessment with a change in the additional fee types disclosed. A financial institution disclosed two additional fee types (bill payment and card replacement) for a particular prepaid account program on April 1, 2019. Starting on April 1, 2021, the financial institution assessed the fee revenue data it collected over the previous 24 months, and bill payment continued to qualify as an additional fee type pursuant to §1005.18(b)(2)(ix) but check reload qualified as the second additional fee type instead of card replacement. The financial institution must update the additional fee types disclosure in its short form disclosures provided electronically, orally, and in writing (other than for printed materials that qualify for the update printing exception in §1005.18(b)(2)(ix)(E)(4)) no later than July 1, 2021, which is three months after the end of the 24-month period. iii. Reassessment with the addition of an additional fee type already voluntarily disclosed. A financial institution disclosed one additional fee type (bill payment) and voluntarily disclosed one other additional fee type (card replacement, both for regular and expedited delivery) for a particular prepaid account program on April 1, 2019. Starting on April 1, 2021, the financial institution assessed the fee revenue data it collected over the previous 24 months, and bill payment continued to qualify as an additional fee type pursuant to §1005.18(b)(2)(ix) and card replacement now qualified as the second additional fee type. Because the financial institution already had disclosed its card replacement fees in the format required for an additional fee type disclosure, the financial institution is not required to take any action with regard to the additional fee types disclosure in the short form for that prepaid account program. 2. Reassessment more frequently than every 24 months. Pursuant to §1005.18(b)(2)(ix)(E)(2), a financial institution may, but is not required to, carry out the reassessment and update, if applicable, more frequently than every 24 months, at which time a new 24-month period commences. A financial institution may choose to do this, for example, to sync its reassessment process for additional fee types with its financial reporting schedule or other financial analysis it performs regarding the particular prepaid account program. If a financial institution chooses to reassess its additional fee types disclosure more frequently than every 24 months, it is still required to use 24 months of fee revenue data to conduct the reassessment. For example, a financial institution first offered a particular prepaid account program on April 1, 2018 and thus was required to estimate its initial additional fee types disclosure pursuant to §1005.18(b)(2)(ix)(D)(2). If the financial institution chooses to begin its reassessment of its fee revenue data on April 1, 2020, it would use the data it collected over the previous 24 months (April 1, 2018 to March 31, 2020) and complete its reassessment and its update, if applicable, by July 1, 2020. 18(b)(2)(ix)(E)(3) Fee Schedule Change 1. Revised prepaid account programs. Section 1005.18(b)(2)(ix)(E)(3) requires that if a financial institution revises the fee schedule for a prepaid account program, it must determine whether it reasonably anticipates that the previously disclosed additional fee types will continue to comply with the requirements of §1005.18(b)(2)(ix) for the 24 months following implementation of the fee schedule change. A fee schedule change resets the 24-month period for assessment; a financial institution must comply with the requirements of §1005.18(b)(2)(ix)(E)(2) at the end of the 24-month period following implementation of the fee schedule change. If the financial institution reasonably anticipates that the previously disclosed additional fee types will not comply with the requirements of §1005.18(b)(2)(ix), it must update the disclosure based on its reasonable anticipation of what those additional fee types will be at the time the fee schedule change goes into effect, except as provided in the update printing exception in §1005.18(b)(2)(ix)(E)(4). For example, if a financial institution lowers its card replacement fee from $4 to $3 on June 1, 2019 after having first assessed its additional fee types disclosure as of April 1, 2019, the financial institution would assess whether it reasonably anticipates that the existing additional fee types disclosure will continue to reflect the additional fee types that generate the highest revenue from consumers for that prepaid account program for the next 24 months (until June 1, 2021). If the financial institution reasonably anticipates that its additional fee types will remain unchanged over the next 24 months, the financial institution is not required to take any action with regard to the additional fee types disclosure for that prepaid account program. In the same example, if the financial institution reasonably anticipates that the previously disclosed additional fee types will not comply with the requirements of §1005.18(b)(2)(ix) for the 24 months following implementation of the fee schedule change, the financial institution must update the listing of additional fee types at the time the fee schedule change goes into effect, except as provided in the update printing exception pursuant to §1005.18(b)(2)(ix)(E)(4). 18(b)(2)(ix)(E)(4) Update Printing Exception 1. Application of the update printing exception to prepaid accounts sold in retail locations. Pursuant to §1005.18(b)(2)(ix)(E)(4), notwithstanding the requirements to update the additional fee types disclosure in §1005.18(b)(2)(ix)(E), a financial institution is not required to update the listing of additional fee types that are provided on, in, or with prepaid account packaging materials that were manufactured, printed, or otherwise produced prior to a periodic reassessment and update pursuant to §1005.18(b)(2)(ix)(E)(2) or prior to a fee schedule change pursuant to §1005.18(b)(2)(ix)(E)(3). For prepaid accounts sold in retail locations, for example, §1005.18(b)(2)(ix)(E)(4) permits a financial institution to implement any necessary updates to the listing of the additional fee types on the short form disclosure that appear on its physical prepaid account packaging materials at the time the financial institution prints new materials. Section 1005.18(b)(2)(ix)(E)(4) does not require financial institutions to destroy existing inventory in retail locations or elsewhere in the distribution channel, to the extent the disclosures on such packaging materials are otherwise accurate, to comply with this requirement. For example, a financial institution determines that an additional fee type listed on a short form disclosure in a retail location no longer qualifies as an additional fee type pursuant to §1005.18(b)(2)(ix). The financial institution must update any electronic and oral short form disclosures pursuant to the timing requirements set forth in §1005.18(b)(2)(ix)(E). Pursuant to §1005.18(b)(2)(ix)(E)(4), the financial institution may continue selling any previously printed prepaid account packages that contain the prior listing of additional fee types; prepaid account packages printed after that time must contain the updated listing of additional fee types. 18(b)(2)(x) Statement Regarding Overdraft Credit Features 1. Short form disclosure when overdraft credit feature may be offered. Section 1005.18(b)(2)(x) requires disclosure of a statement if a covered separate credit feature accessible by a hybrid prepaid-credit card as defined in Regulation Z, 12 CFR 1026.61, may be offered at any point to a consumer in connection with the prepaid account. This statement must be provided on the short form disclosures for all prepaid accounts that may offer such a feature, regardless of whether some consumers may never be solicited or qualify to enroll in such a feature. 18(b)(2)(xi) Statement Regarding Registration and FDIC or NCUA Insurance 1. Disclosure of FDIC or NCUA insurance. Section 1005.18(b)(2)(xi) requires a statement regarding the prepaid account program's eligibility for FDIC deposit insurance or NCUA share insurance, as appropriate, and directing the consumer to register the prepaid account for insurance and other account protections, where applicable. If the consumer's prepaid account funds are held at a credit union, the disclosure must indicate NCUA insurance eligibility. If the consumer's prepaid account funds are held at a financial institution other than a credit union, the disclosure must indicate FDIC insurance eligibility. 2. Consumer identification and verification processes. For additional guidance on the timing of consumer identification and verification processes, and on prepaid account programs for which there is no consumer identification and verification process for any prepaid accounts within the prepaid account program, see §1005.18(e)(3) and comments 18(e)-4 through 6. 18(b)(2)(xiii) Statement Regarding Information on All Fees and Services 1. Financial institution's telephone number. For a financial institution offering prepaid accounts at a retail location pursuant to the retail location exception in §1005.18(b)(1)(ii), the statement required by §1005.18(b)(2)(xiii) must also include a telephone number (and the website URL) that a consumer may use to directly access an oral version of the long form disclosure. To provide the long form disclosure by telephone, a financial institution could use a live customer service agent or an interactive voice response system. The financial institution could use a telephone number specifically dedicated to providing the long form disclosure or a more general customer service telephone number for the prepaid account program. For example, a financial institution would be deemed to provide direct access pursuant to §1005.18(b)(2)(xiii) if a consumer navigates one or two prompts to reach the oral long form disclosure via a live customer service agent or an interactive voice response system using either a specifically dedicated telephone number of a more general customer service telephone number. 2. Financial institution's website. For a financial institution offering prepaid accounts at a retail location pursuant to the retail location exception in §1005.18(b)(1)(ii), the statement required by §1005.18(b)(2)(xiii) must also include a website URL (and a telephone number) that a consumer may use to directly access an electronic version of the long form disclosure. For example, a financial institution that requires a consumer to navigate various other web pages before viewing the long form disclosure would not be deemed to provide direct access pursuant to §1005.18(b)(2)(xiii). Trademark and product names and their commonly accepted or readily understandable abbreviations comply with the requirement in §1005.18(b)(2)(xiii) that the URL be meaningfully named. For example, ABC or ABCard would be readily understandable abbreviations for a prepaid account program named the Alpha Beta Card. 18(b)(2)(xiv) Additional Content for Payroll Card Accounts 18(b)(2)(xiv)(A) Statement Regarding Wage or Salary Payment Options 1. Statement options for payroll card accounts. Section 1005.18(b)(2)(xiv)(A) requires a financial institution to include at the top of the short form disclosure for payroll card accounts, above the information required by §1005.18(b)(2)(i) through (iv), one of two statements regarding wage payment options. Financial institutions offering payroll card accounts may choose which of the two statements required by §1005.18(b)(2)(xiv)(A) to use in the short form disclosure. The list of other options required in the second statement might include the following, as applicable: Direct deposit to the consumer's bank account, direct deposit to the consumer's own prepaid account, paper check, or cash. A financial institution may, but is not required to, provide more specificity as to whom consumers must ask or inform of their choice of wage payment method, such as specifying the employer's Human Resources Department. 2. Statement options for government benefit accounts. See §1005.15(c)(2)(i) for statement options for government benefit accounts. 3. Statement permitted for other prepaid accounts. A financial institution offering a prepaid account other than a payroll card account or government benefit account may, but is not required to, include a statement in the short form disclosure regarding payment options that is similar to either of the statements required for payroll card accounts pursuant to §1005.18(b)(2)(xiv)(A) or government benefit accounts pursuant to §1005.15(c)(2)(i). For example, a financial institution issuing a prepaid account to disburse student financial aid proceeds may disclose a statement such as the following: “You have several options to receive your financial aid payments: Direct deposit to your bank account, direct deposit to your own prepaid card, paper check, or this prepaid card. Tell your school which option you choose.” 18(b)(2)(xiv)(B) Statement Regarding State-Required Information or Other Fee Discounts and Waivers 1. Statement options for state-required information or other fee discounts or waivers. Section 1005.18(b)(2)(xiv)(B) permits, but does not require, a financial institution to include in the short form disclosure for payroll card accounts one additional line of text directing the consumer to a particular location outside the short form disclosure for information on ways the consumer may access payroll card account funds and balance information for free or for a reduced fee. For example, a financial institution might include the following line of text in the short form disclosure: “See below for free ways to access your funds and balance information” and then list below, but on the same page as, the short form disclosure several ways consumers can access their prepaid account funds and balance information for free. Alternatively, the financial institution might direct the consumer to another location for that information, such as by stating “See the cardholder agreement for free ways to access your funds and balance information.” A similar statement is permitted for government benefit accounts pursuant to §1005.15(c)(2)(ii). 18(b)(3) Short Form Disclosure of Variable Fees and Third-Party Fees and Prohibition on Disclosure of Finance Charges 18(b)(3)(i) General Disclosure of Variable Fees 1. Short form disclosure of variable fees. Section 1005.18(b)(3)(i) requires disclosure in the short form of the highest fee when a fee can vary, followed by a symbol, such as an asterisk, linked to a statement explaining that the fee could be lower depending on how and where the prepaid account is used. For example, a financial institution provides interactive voice response (IVR) customer service for free and provides the first three live agent customer service calls per month for free, after which it charges $0.50 for each additional live agent customer service call during that month. Pursuant to §1005.18(b)(2)(vi), the financial institution must disclose both its IVR and live agent customer service fees on the short form disclosure. The financial institution would disclose the IVR fee as $0 and the live agent customer service fee as $0.50, followed by an asterisk (or other symbol) linked to a statement explaining that the fee can be lower depending on how and where the prepaid account is used. Except as described in §1005.18(b)(3)(ii), §1005.18(b)(3)(i) does not permit a financial institution to describe in the short form disclosure the specific conditions under which a fee may be reduced or waived, but the financial institution could use, for example, any other part of the prepaid account's packaging or other printed materials to disclose that information. The conditions under which a fee may be lower are required to be disclosed in the long form disclosure pursuant to §1005.18(b)(4)(ii). 18(b)(3)(ii) Disclosure of Variable Periodic Fee 1. Periodic fee variation alternative. If the amount of the periodic fee disclosed in the short form pursuant to §1005.18(b)(2)(i) could vary, a financial institution has two alternatives for disclosing the variation, as set forth in §1005.18(b)(3)(i) and (ii). For example, a financial institution charges a monthly fee of $4.95, but waives this fee if a consumer receives direct deposit into the prepaid account or conducts 30 or more transactions during that month. Pursuant to §1005.18(b)(3)(ii), the financial institution could list its monthly fee of $4.95 on the short form disclosure followed by a dagger symbol that links to a statement that states, for example, “No monthly fee with direct deposit or 30 transactions per month.” This statement may take up no more than one line of text in the short form disclosure and must be located directly above or in place of the linked statement required by §1005.18(b)(3)(i). Alternatively, pursuant to §1005.18(b)(3)(i), the financial institution could list its monthly fee of $4.95 on the short form disclosure followed by an asterisk that links to a statement that states, “This fee can be lower depending on how and where this card is used.” 18(b)(3)(iii) Single Disclosure for Like Fees 1. Alternative for two-tier fees in the short form disclosure. Pursuant to §1005.18(b)(3)(iii), a financial institution may opt to disclose one fee instead of the two fees required by §1005.18(b)(2)(iii), (v), and (vi) and any two-tier fee required by §1005.18(b)(2)(ix), when the amount is the same for both fees. The following examples illustrate how to provide a single disclosure for like fees on both the short form disclosure and the multiple service plan short form disclosure: i. A financial institution charges $1 for both in-network and out-of-network automated teller machine withdrawals in the United States. The financial institution may list the $1 fee once under the general heading “ATM withdrawal” required by §1005.18(b)(2)(iii); in that case, it need not disclose the terms “in-network” or “out-of-network.” ii. A financial institution using the multiple service plan short form disclosure pursuant to §1005.18(b)(6)(iii)(B)(2) charges $1 under each of its service plans for both in-network and out-of-network automated teller machine withdrawals in the United States. The financial institution may disclose the ATM withdrawal fee on one line, instead of two, using the general heading “ATM withdrawal” required by §1005.18(b)(2)(iii); in that case, it need not disclose the terms “in-network” or “out-of-network.” 18(b)(3)(iv) Third-Party Fees in General 1. General prohibition on disclosure of third-party fees in the short form. Section 1005.18(b)(3)(iv) states that a financial institution may not include any third-party fees in a disclosure made pursuant to §1005.18(b)(2), except for, as provided by §1005.18(b)(3)(v), the cash reload fee required to be disclosed by §1005.18(b)(2)(iv). Fees imposed by another party, such as a program manager, for services performed on behalf of the financial institution are not third-party fees and therefore must be disclosed pursuant to §1005.18(b)(3)(iv). For example, if a program manager performs customer service functions for a financial institution's prepaid account program, and charges a fee for live agent customer service, that fee must be disclosed pursuant to §1005.18(b)(2)(iv). 18(b)(3)(v) Third-Party Cash Reload Fees 1. Updating third-party fees. Section 1005.18(b)(3)(v) provides that a financial institution is not required to revise its short form disclosure to reflect a cash reload fee change by a third party until such time that the financial institution manufactures, prints, or otherwise produces new prepaid account packaging materials or otherwise updates the short form disclosure. For example, at the time a financial institution first prints packaging material for its prepaid account program, it discloses on the short form the $3.99 fee charged by the third-party reload network with which it contracts to provide cash reloads. Ten months later, the third-party reload network raises its cash reload fee to $4.25. The financial institution is not required to update its on-package disclosures to reflect the change in the cash reload fee until the financial institution next prints packaging materials for that prepaid account program. With respect to that financial institution's electronic and oral disclosures for that prepaid account program, the financial institution may, but is not required to, update its short form disclosure immediately upon learning of the third-party reload network's change to its cash reload fee. Alternatively, the financial institution may wait to update its electronic and oral short form disclosures to reflect the change in the cash reload fee until it otherwise updates those disclosures. 18(b)(3)(vi) Prohibition on Disclosure of Finance Charges 1. No disclosure of finance charges in the short form. Section 1005.18(b)(3)(vi) provides that a financial institution may not include in a disclosure made pursuant to §1005.18(b)(2)(i) through (ix) any finance charges as described in Regulation Z, 12 CFR 1026.4(b)(11), imposed in connection with a covered separate credit feature accessible by a hybrid prepaid-credit card as defined in 12 CFR 1026.61. If a financial institution imposes a higher fee or charge on the asset feature of a prepaid account with a covered separate credit feature accessible by a hybrid prepaid-credit card than the amount of a comparable fee or charge it imposes on any prepaid account in the same prepaid account program that does not have such a credit feature, it must disclose on the short form for purposes of §1005.18(b)(2)(i) through (vii) and (ix) the amount of the comparable fee rather than the higher fee. See, e.g., §1005.18(g)(2) and related commentary. 18(b)(4) Long Form Disclosure Content 18(b)(4)(ii) Fees 1. Disclosure of all fees. Section 1005.18(b)(4)(ii) requires a financial institution to disclose in the long form all fees that may be imposed in connection with a prepaid account, not just fees for electronic fund transfers or the right to make transfers. The requirement to disclose all fees in the long form includes any finance charges imposed on the prepaid account as described in Regulation Z, 12 CFR 1026.4(b)(11)(ii), in connection with a covered separate credit feature accessible by a hybrid prepaid-credit card as defined in 12 CFR 1026.61 but does not include finance charges imposed on the covered separate credit feature as described in 12 CFR 1026.4(b)(11)(i). See comment 18(b)(7)(i)(B)-2 for guidance on disclosure of finance charges as part of the §1005.18(b)(4)(ii) fee disclosure in the long form. A financial institution may also be required to include finance charges in the Regulation Z disclosures required pursuant to §1005.18(b)(4)(vii). 2. Disclosure of conditions. Section 1005.18(b)(4)(ii) requires a financial institution to disclose the amount of each fee and the conditions, if any, under which the fee may be imposed, waived, or reduced. For example, if a financial institution charges a cash reload fee, the financial institution must list the amount of the cash reload fee and also specify any circumstances under which a consumer can qualify for a lower fee. Similarly, if a financial institution discloses both a periodic fee and an inactivity fee, it must indicate whether the inactivity fee will be charged in addition to, or instead of, the periodic fee. A financial institution may, but is not required to, also include on the long form disclosure additional information or limitations related to the service or feature for which a fee is charged, such as, for cash reloads, any limit on the amount of cash a consumer may load into the prepaid account in a single transaction or during a particular time period. The general requirement in §1005.18(b)(4)(ii) does not apply to individual fee waivers or reductions granted to a particular consumer or group of consumers on a discretionary or case-by-case basis. 3. Disclosure of a service or feature without a charge. Pursuant to §1005.18(b)(4)(ii), a financial institution may, but is not required to, list in the long form disclosure any service or feature it provides or offers at no charge to the consumer. For example, a financial institution may list “online bill pay” in its long form disclosure and indicate a fee amount of “$0” when the financial institution does not charge consumers a fee for that feature. By contrast, where a fee is waived or reduced under certain circumstances or where a service or feature is available for an introductory period without a fee, the financial institution may not list the fee amount as “$0”. Rather, the financial institution must list the highest fee, accompanied by an explanation of the waived or reduced fee amount and any conditions for the waiver or discount. For example, if a financial institution waives its monthly fee for any consumer who receives direct deposit payments into the prepaid account or conducts 30 or more transactions in a given month, the long form disclosure must list the regular monthly fee amount along with an explanation that the monthly fee is waived if the consumer receives direct deposit or conducts 30 or more transactions each month. Similarly, for an introductory fee, the financial institution would list the highest fee, and explain the introductory fee amount, the duration of the introductory period, and any conditions that apply during the introductory period. 4. Third-party fees. Section 1005.18(b)(4)(ii) requires disclosure in the long form of any third-party fee amounts known to the financial institution that may apply. Fees imposed by another party, such as a program manager, for services performed on behalf of the financial institution are not third-party fees and therefore must be disclosed on the long form pursuant to §1005.18(b)(4)(ii). Also pursuant to §1005.18(b)(4)(ii), for any third-party fee disclosed, a financial institution may, but is not required to, include either or both a statement that the fee is accurate as of or through a specific date or that the third-party fee is subject to change. For example, a financial institution that contracts with a third-party remote deposit capture service must include in the long form disclosure the amount of the fee known to the financial institution that is charged by the third party for remote deposit capture services. The financial institution may, but is not required to, also state that the third-party remote deposit capture fee is accurate as of or through a specific date, such as the date the financial institution prints the long form disclosure. The financial institution may also state that the fee is subject to change. Section 1005.18(b)(4)(ii) also provides that, if a third-party fee may apply but the amount of the fee is not known by the financial institution, it must include a statement indicating that a third-party fee may apply without specifying the fee amount. For example, a financial institution that permits out-of-network ATM withdrawals would disclose that, for ATM withdrawals that occur outside the financial institution's network, the ATM operator may charge the consumer a fee for the withdrawal, but the financial institution is not required to disclose the out-of-network ATM operator's fee amount if it does not know the amount of the fee. 18(b)(4)(iii) Statement Regarding Registration and FDIC or NCUA Insurance 1. Statement regarding registration and FDIC or NCUA insurance, including implications thereof. Section 1005.18(b)(4)(iii) requires that the long form disclosure include the same statement regarding prepaid account registration and FDIC or NCUA insurance eligibility required by §1005.18(b)(2)(xi) in the short form disclosure, together with an explanation of FDIC or NCUA insurance coverage and the benefit of such coverage or the consequence of the lack of such coverage, as applicable. i. Bank disclosure of FDIC insurance. For example, XYZ Bank offers a prepaid account program for sale at retail locations that is set up to be eligible for FDIC deposit insurance, but does not conduct consumer identification and verification before consumers purchase the prepaid account. XYZ Bank may disclose the required statements as “Register your card for FDIC insurance eligibility and other protections. Your funds will be held at or transferred to XYZ Bank, an FDIC-insured institution. Once there, your funds are insured up to $250,000 by the FDIC in the event XYZ Bank fails, if specific deposit insurance requirements are met and your card is registered. See fdic.gov/deposit/deposits/prepaid.html for details.” Conversely, if XYZ Bank offers another prepaid account program for sale at retail locations for which it conducts consumer identification and verification after purchase of the prepaid account, but the program is not set up to be eligible for FDIC insurance, XYZ Bank may disclose the required statements as “Not FDIC insured. Your funds will be held at or transferred to XYZ Bank. If XYZ Bank fails, you are not protected by FDIC deposit insurance and could lose some or all of your money. Register your card for other protections.” ii. Credit union disclosure of NCUA insurance. For example, ABC Credit Union offers a prepaid account program for sale at its own branches that is set up to be eligible for NCUA share insurance, but does not conduct consumer identification and verification before consumers purchase the prepaid account. ABC Credit Union may disclose the requirement statements as “Register your card for NCUA insurance, if eligible, and other protections. Your funds will be held at or transferred to ABC Credit Union, an NCUA-insured institution. Once there, if specific share insurance requirements are met and your card is registered, your funds are insured up to $250,000 by the NCUA in the event ABC Credit Union fails.” See comment 18(b)(2)(xi)-1 for guidance as to when NCUA insurance coverage should be disclosed instead of FDIC insurance coverage. 18(b)(4)(vii) Regulation Z Disclosures for Overdraft Credit Features 1. Long form Regulation Z disclosure of overdraft credit features. Section 1005.18(b)(4)(vii) requires that the long form include the disclosures described in Regulation Z, 12 CFR 1026.60(e)(1), in accordance with the requirements for such disclosures in 12 CFR 1026.60, if, at any point, a covered separate credit feature accessible by a hybrid prepaid-credit card as defined in Regulation Z, 12 CFR 1026.61, may be offered to a consumer in connection with the prepaid account. If the financial institution includes the disclosures described in Regulation Z, 12 CFR 1026.60(e)(1), pursuant to §1005.18(b)(7)(i)(B), such disclosures must appear below the statements required by §1005.18(b)(4)(vi). If the disclosures provided pursuant to Regulation Z, 12 CFR 1026.60(e)(1), are provided in writing, these disclosures must be provided in the form required by 12 CFR 1026.60(a)(2), and to the extent possible, on the same page as the other disclosures required by §1005.18(b)(4). 2. Updates to the long form for changes to the Regulation Z disclosures. Pursuant to §1005.18(b)(4)(vii), a financial institution is not required to revise the disclosure required by that paragraph to reflect a change in the fees or other terms disclosed therein until such time as the financial institution manufactures, prints, or otherwise produces new prepaid account packaging materials or otherwise updates the long form disclosure. This exception does not extend to any finance charges imposed on the prepaid account as described in Regulation Z, 12 CFR 1026.4(b)(11)(ii), in connection with a covered separate credit feature accessible by a hybrid prepaid-credit card as defined in 12 CFR 1026.61 that are required to be disclosed on the long form pursuant to §1005.18(b)(4)(ii). See comment 18(b)(4)(ii)-1. 18(b)(5) Disclosure Requirements Outside the Short Form Disclosure 1. Content of disclosure. Section 1005.18(b)(5) requires that the name of the financial institution, the name of the prepaid account program, and any purchase price or activation fee for the prepaid account be disclosed outside the short form disclosure. A financial institution may, but is not required to, also disclose the name of the program manager or other service provider involved in the prepaid account program. 2. Location of disclosure. In addition to setting forth the required content for disclosures outside the short form disclosure, §1005.18(b)(5) requires that, in a setting other than a retail location, the information required by §1005.18(b)(5) must be disclosed in close proximity to the short form. For example, if the financial institution provides the short form disclosure online, the information required by §1005.18(b)(5) is deemed disclosed in close proximity to the short form if it appears on the same web page as the short form disclosure. If the financial institution offers the prepaid account in its own branch locations and provides the short form disclosure on the exterior of its preprinted packaging materials, the information required by §1005.18(b)(5) is deemed disclosed in close proximity to the short form disclosure if it appears on the exterior of the packaging. If the financial institution provides a written short form disclosure in a manner other than on preprinted packaging materials, such as on paper, the information required by §1005.18(b)(5) is deemed disclosed in close proximity if it appears on the same piece of paper as the short form disclosure. If the financial institution provides the short form disclosure orally, the information required by §1005.18(b)(5) is deemed disclosed in close proximity to the short form disclosure if it is provided immediately before or after disclosing the fees and information required pursuant to §1005.18(b)(2). For prepaid accounts sold in a retail location pursuant to the retail location exception in §1005.18(b)(1)(ii), §1005.18(b)(5) requires the information other than purchase price be disclosed on the exterior of the access device's packaging material. If the purchase price, if any, is not also disclosed on the exterior of the packaging, disclosure of the purchase price on or near the sales rack or display for the packaging material is deemed in close proximity to the access device's packaging material. 18(b)(6) Form of Pre-Acquisition Disclosures 1. Written pre-acquisition disclosures. If a financial institution provides the disclosures required by §1005.18(b) in written form prior to acquisition pursuant to §1005.18(b)(1)(i), they need not also be provided electronically or orally. For example, an employer distributes to new employees printed copies of the disclosures required by §1005.18(b) for a payroll card account, together with instructions to complete the payroll card account acquisition process online if the employee wishes to be paid via a payroll card account. The financial institution is not required to provide the §1005.18(b) disclosures electronically via the website because the consumer has already received the disclosures pre-acquisition in written form. 18(b)(6)(i)(B) Electronic Disclosures 1. Providing pre-acquisition disclosures electronically. Unless provided in written form prior to acquisition pursuant to §1005.18(b)(1)(i), §1005.18(b)(6)(i)(B) requires electronic delivery of the disclosures required by §1005.18(b) when a consumer acquires a prepaid account through electronic means, including via a website or mobile application, and, among other things, in a manner which is reasonably expected to be accessible in light of how a consumer is acquiring the prepaid account. For example, if a consumer is acquiring a prepaid account via a website or mobile application, it would be reasonable to expect that a consumer would be able to access the disclosures required by §1005.18(b) on the first page or via a direct link from the first page of the website or mobile application or on the first page that discloses the details about the specific prepaid account program. See comment 18(b)(1)(i)-2 for additional guidance on placement of the short form and long form disclosures on a web page. 2. Disclosures responsive to smaller screens. In accordance with the requirement in §1005.18(b)(6)(i)(B) that electronic disclosures be provided in a responsive form, electronic disclosures provided pursuant to §1005.18(b) must be provided in a way that responds to different screen sizes, for example, by stacking elements of the disclosures in a manner that accommodates consumer viewing on smaller screens, while still meeting the other formatting requirements set forth in §1005.18(b)(7). For example, the disclosures permitted by §1005.18(b)(2)(xiv)(B) or (b)(3)(ii) must take up no more than one additional line of text in the short form disclosure. If a consumer is acquiring a prepaid account using a mobile device with a screen too small to accommodate these disclosures on one line of text in accordance with the size requirements set forth in §1005.18(b)(7)(ii)(B), a financial institution is permitted to display the disclosures permitted by §1005.18(b)(2)(xiv)(B) and (b)(3)(ii), for example, by stacking those disclosures in a way that responds to smaller screen sizes, while still meeting the other formatting requirements in §1005.18(b)(7). 3. Machine-readable text. Section 1005.18(b)(6)(i)(B) requires that electronic disclosures must be provided using machine-readable text that is accessible via both Web browsers (or mobile applications, as applicable) and screen readers. A disclosure would not be deemed to comply with this requirement if it was not provided in a form that can be read automatically by internet search engines or other computer systems. 18(b)(6)(i)(C) Oral Disclosures 1. Disclosures for prepaid accounts acquired by telephone. Unless it provides disclosures in written form prior to acquisition pursuant to §1005.18(b)(1)(i), a financial institution must disclose the information required by §1005.18(b)(2) and (5) orally before a consumer acquires a prepaid account orally by telephone pursuant to the exception in §1005.18(b)(1)(iii). A financial institution may, for example, provide these disclosures by using an interactive voice response or similar system or by using a customer service agent, after the consumer has initiated the purchase of a prepaid account by telephone, but before the consumer acquires the prepaid account. In addition, a financial institution must provide the initial disclosures required by §1005.7, as modified by §1005.18(f)(1), before the first electronic fund transfer is made involving the prepaid account. 18(b)(6)(ii) Retainable Form 1. Retainable disclosures. Section 1005.18(b)(6)(ii) requires that, except for disclosures provided orally pursuant to §1005.18(b)(1)(ii) or (iii), long form disclosures provided via SMS as permitted by §1005.18(b)(2)(xiii) for a prepaid account sold at retail locations pursuant to the retail location exception in §1005.18(b)(1)(ii), and the disclosure of a purchase price pursuant to §1005.18(b)(5) that is not disclosed on the exterior of the packaging material for a prepaid account sold at a retail location pursuant to the retail location exception in §1005.18(b)(1)(ii), disclosures provided pursuant to §1005.18(b) must be made in a form that a consumer may keep. For example, a short form disclosure with a tear strip running though it would not be deemed retainable because use of the tear strip to gain access to the prepaid account access device inside the packaging would destroy part of the short form disclosure. Electronic disclosures are deemed retainable if the consumer is able to print, save, and email the disclosures from the Web site or mobile application on which they are displayed. 18(b)(6)(iii) Tabular Format 18(b)(6)(iii)(B) Multiple Service Plans 18(b)(6)(iii)(B)(1) Short Form Disclosure for Default Service Plan 1. Disclosure of default service plan excludes short-term or promotional service plans. Section 1005.18(b)(6)(iii)(B)(1) provides that when a financial institution offers multiple service plans within a particular prepaid account program and each plan has a different fee schedule, the information required by final §1005.18(b)(2)(i) through (ix) may be provided in the tabular format described in final §1005.18(b)(6)(iii)(A) for the service plan in which a consumer is initially enrolled by default upon acquiring a prepaid account. Pursuant to the requirement in §1005.18(b)(3)(i) to disclose the highest amount a financial institution may impose for a fee disclosed pursuant to §1005.18(b)(2)(i) through (vii) and (ix), a financial institution would not be permitted to disclose any short-term or promotional service plans as a default service plan. 18(b)(6)(iii)(B)(2) Short Form Disclosure for Multiple Service Plans 1. Disclosure of multiple service plans. The multiple service plan disclosure requirements in §1005.18(b)(6)(iii)(B)(2) apply when a financial institution offers more than one service plan within a particular prepaid account program, each plan has a different fee schedule, and the financial institution opts not to disclose the default service plan pursuant to §1005.18(b)(6)(iii)(B)(1). See Model Form A-10(e). For example, a financial institution that offers a prepaid account program with one service plan for which a consumer pays no periodic fee but instead pays a fee for each transaction, and another plan that includes a monthly fee but no per transaction fee may use the short form disclosure for multiple service plans pursuant to §1005.18(b)(6)(iii)(B)(2). Similarly, a financial institution that offers a prepaid account program with preferred rates or fees for the prepaid accounts of consumers who also use another non-prepaid service (e.g., a mobile phone service), often referred to as “loyalty plans,” may also use the short form disclosure for multiple service plans pursuant to §1005.18(b)(6)(iii)(B)(2). Pricing variations based on whether a consumer elects to use a specific feature of a prepaid account, such as waiver of the monthly fee for consumers electing to receive direct deposit, does not constitute multiple service plans or a loyalty plan. See comment 18(b)(3)(iii)-1.ii for guidance on providing a single disclosure for like fees for multiple service plan short form disclosures. 18(b)(7) Specific Formatting Requirements for Pre-Acquisition Disclosures 18(b)(7)(i) Grouping 18(b)(7)(i)(B) Long Form Disclosure 1. Conditions must be in close proximity to fee amount. Pursuant to §1005.18(b)(4)(ii), the long form disclosure generally must disclose all fees that may be imposed in connection with a prepaid account, including the amount of the fee and any conditions under which the fee may be imposed, waived, or reduced. Pursuant to §1005.18(b)(7)(i)(B), text describing the conditions under which a fee may be imposed must appear in the table in the long form disclosure in close proximity to the fee amount disclosed pursuant to §1005.18(b)(4)(ii). For example, a financial institution is deemed to comply with this requirement if the text describing the conditions is located directly to the right of the fee amount in the long form disclosure, as illustrated in Sample Form A-10(f). See comment 18(b)(6)(i)(B)-2 regarding stacking of electronic disclosures for display on smaller screen sizes. 2. Category of function for finance charges. Section 1005.18(b)(7)(i)(B) requires that the information required by §1005.18(b)(4)(ii) must be generally grouped together and organized under subheadings by the categories of function for which a financial institution may impose the fee. If any finance charges may be imposed on the prepaid account as described in Regulation Z, 12 CFR 1026.4(b)(11)(ii), in connection with a covered separate credit feature accessible by a hybrid prepaid-credit card as defined in 12 CFR 1026.61, the financial institution may, but is not required to, group all finance charges together under a single subheading. This includes situations where the financial institution imposes a higher fee or charge on the asset feature of a prepaid account with a covered separate credit feature accessible by a hybrid prepaid-credit card than the amount of a comparable fee or charge it imposes on any prepaid account in the same prepaid account program that does not have such a credit feature. For example, if a financial institution charges on the prepaid account a $0.50 per transaction fee for each transaction that accesses funds in the asset feature of a prepaid account and a $1.25 per transaction fee for each transaction where the hybrid prepaid-credit card accesses credit from the covered separate credit feature in the course of the transaction, the financial institution is permitted to disclose the $0.50 per transaction fee under a general transactional subheading and disclose the additional $0.75 per transaction fee under a separate subheading together with any other finance charges that may be imposed on the prepaid account. 18(b)(7)(ii) Prominence and Size 1. Minimum type size. Section 1005.18(b)(7)(ii) sets forth minimum point/pixel size requirements for each element of the disclosures required by §1005.18(b)(2), (b)(3)(i) and (ii), and (b)(4). A financial institution may provide disclosures in a type size larger than the required minimum to enhance consumer comprehension in any acquisition scenario, as long as the financial institution complies with the point/pixel size hierarchy set forth in §1005.18(b)(7)(ii). 2. “Point” refers to printed disclosures and “pixel” refers to electronic disclosures. References in §1005.18(b)(7)(ii) to “point” size correspond to printed disclosures and references to “pixel” size correspond to disclosures provided via electronic means. 18(b)(7)(ii)(A) General 1. Contrast required between type color and background of disclosures. Section §1005.18(b)(7)(ii)(A) requires that all text used to disclose information in the short form or in the long form disclosure pursuant to §1005.18(b)(2), (b)(3)(i) and (ii), and (b)(4) must be in a single, easy-to-read type that is all black or one color and printed on a background that provides a clear contrast. A financial institution complies with the color requirements if, for example, it provides the disclosures required by §1005.18(b)(2), (b)(3)(i) and (ii), and (b)(4) printed in black type on a white background or white type on a black background. Also, pursuant to §1005.18(b)(7)(ii)(A), the type and color may differ between the short form disclosure and the long form disclosure provided for a particular prepaid account program. For example, a financial institution may use one font/type style for the short form disclosure for a particular prepaid account program and use a different font/type style for the long form disclosure for that same prepaid account program. Similarly, a financial institution may use black type for the short form disclosure for a particular prepaid account program and use blue type for the long form disclosure for that same prepaid account program. 18(b)(7)(iii) Segregation 1. Permitted information outside the short form and long form disclosures. Section 1005.18(b)(7)(iii) requires that the short form and long form disclosures required by §1005.18(b)(2) and (4) be segregated from other information and contain only information that is required or permitted for those disclosures by §1005.18(b). This segregation requirement does not prohibit the financial institution from providing information elsewhere on the same page as the short form disclosure, such as the information required by §1005.18(b)(5), additional disclosures required by state law for payroll card accounts, or any other information the financial institution wishes to provide about the prepaid account. Similarly, the segregation requirement does not prohibit a financial institution from providing the long form disclosure on the same page as other disclosures or information, or as part of a larger document, such as the prepaid account agreement. See also §1005.18(b)(1) and (f)(1). 18(b)(8) Terminology of Pre-Acquisition Disclosures 1. Consistent terminology. Section 1005.18(b)(8) requires that fee names and other terms be used consistently within and across the disclosures required by §1005.18(b). For example, a financial institution may not name the fee required to be disclosed by §1005.18(b)(2)(vii) an “inactivity fee” in the short form disclosure and a “dormancy fee” in the long form disclosure. However, a financial institution may substitute the term prepaid “account” for the term prepaid “card,” as appropriate, wherever it is used in §1005.18(b). 18(b)(9) Prepaid Accounts Acquired in Foreign Languages 1. Prepaid accounts acquired in foreign languages. Section 1005.18(b)(9)(i) requires a financial institution to provide the pre-acquisition disclosures required by §1005.18(b) in a foreign language in certain circumstances. i. Examples of situations in which foreign language disclosures are required. The following examples illustrate situations in which a financial institution must provide the pre-acquisition disclosures in a foreign language in connection with the acquisition of that prepaid account: A. The financial institution principally uses a foreign language on the packaging material of a prepaid account sold in a retail location or distributed at a bank or credit union branch, even though a few words appear in English on the packaging. B. The financial institution principally uses a foreign language in a television advertisement for a prepaid account. That advertisement includes a telephone number a consumer can call to acquire the prepaid account, whether by speaking to a customer service representative or interacting with an interactive voice response (IVR) system. C. The financial institution principally uses a foreign language in an online advertisement for a prepaid account. That advertisement includes a website URL through which a consumer can acquire the prepaid account. D. The financial institution principally uses a foreign language on a printed advertisement for a prepaid account. That advertisement includes a telephone number or a website URL a consumer can call or visit to acquire the prepaid account. The pre-acquisition disclosures must be provided to the consumer in that same foreign language prior to the consumer acquiring the prepaid account. E. The financial institution does not principally use a foreign language on prepaid account packaging material nor does it principally use a foreign language to advertise, solicit, or market a prepaid account. A consumer calls the financial institution and has the option to proceed with the prepaid account acquisition process in a foreign language, whether by speaking to a customer service representative or interacting with an IVR system. (But see §1005.18(b)(9)(i)(C), which limits the obligation to provide foreign language disclosures for payroll card accounts and government benefit accounts acquired orally by telephone in certain circumstances.) F. The financial institution does not principally use a foreign language on prepaid account packaging material nor does it principally use a foreign language to advertise, solicit, or market a prepaid account. A consumer visits the financial institution's website. On that website, the consumer has the option to proceed with the prepaid account acquisition process in a foreign language. ii. Examples of situations in which foreign language disclosures are not required. The following examples illustrate situations in which a financial institution is not required to provide the pre-acquisition disclosures in a foreign language: A. A consumer visits the financial institution's branch location in person and speaks to an employee in a foreign language about acquiring a prepaid account. The consumer proceeds with the acquisition process in that foreign language. B. The financial institution does not principally use a foreign language on prepaid account packaging material nor does it principally use a foreign language to advertise, solicit, or market a prepaid account. A consumer calls the financial institution's customer service line and speaks to a customer service representative in a foreign language. However, if the customer service representative proceeds with the prepaid account acquisition process over the telephone, the financial institution would be required to provide the pre-acquisition disclosures in that foreign language. (But see §1005.18(b)(9)(i)(C), which limits the obligation to provide foreign language disclosures for payroll card accounts and government benefit accounts acquired orally by telephone in certain circumstances.) C. The financial institution principally uses a foreign language in an advertisement for a prepaid account. That advertisement includes a telephone number a consumer can call to acquire the prepaid account. The consumer calls the telephone number provided on the advertisement and has the option to proceed with the prepaid account acquisition process in English or in a foreign language. The consumer chooses to proceed with the acquisition process in English. D. A consumer calls a government agency to enroll in a government benefits program. The government agency does not offer through its telephone system an option for consumers to proceed in a foreign language. An employee of the government agency assists the consumer with the enrollment process, including helping the consumer acquire a government benefits account. The employee also happens to speak the foreign language in which the consumer is most comfortable communicating, and chooses to communicate with the consumer in that language to facilitate the enrollment process. In this case, the employee offered language interpretation assistance on an informal or ad hoc basis to accommodate the prospective government benefits account holder. 2. Principally used. All relevant facts and circumstances determine whether a foreign language is principally used by the financial institution to advertise, solicit, or market under §1005.18(b)(9). Whether a foreign language is principally used is determined at the packaging material, advertisement, solicitation, or marketing communication level, not at the prepaid account program level or across the financial institution's activities as a whole. A financial institution that advertises a prepaid account program in multiple languages would evaluate its use of foreign language in each advertisement to determine whether it has principally used a foreign language therein. 3. Advertise, solicit, or market a prepaid account. Any commercial message, appearing in any medium, that promotes directly or indirectly the availability of prepaid accounts constitutes advertising, soliciting, or marketing for purposes of §1005.18(b)(9). Examples illustrating advertising, soliciting, or marketing include, but are not limited to: i. Messages in a leaflet, promotional flyer, newspaper, or magazine. ii. Electronic messages, such as on a website or mobile application. iii. Telephone solicitations. iv. Solicitations sent to the consumer by mail or email. v. Television or radio commercials. 4. Information in the long form disclosure in English. Section 1005.18(b)(9)(ii) states that a financial institution required to provide pre-acquisition disclosures in a foreign language pursuant to §1005.18(b)(9)(i) must also provide the information required to be disclosed in its pre-acquisition long form disclosure pursuant to §1005.18(b)(4) in English upon a consumer's request and on any part of the website where it discloses this information in a foreign language. A financial institution may, but is not required to, provide the English version of the information required by §1005.18(b)(4) in accordance with the formatting, grouping, size and other requirements set forth in §1005.18(b) for the long form disclosure. 18(c) Access to Prepaid Account Information 1. Posted transactions. The electronic and written history of the consumer's account transactions provided under §1005.18(c)(1)(ii) and (iii), respectively, shall reflect transfers once they have been posted to the account. Thus, a financial institution does not need to include transactions that have been authorized but that have not yet posted to the account. 2. Electronic history. The electronic history required under §1005.18(c)(1)(ii) must be made available in a form that the consumer may keep, as required under §1005.4(a)(1). Financial institutions may satisfy this requirement if they make the electronic history available in a format that is capable of being retained. For example, a financial institution satisfies the requirement if it provides electronic history on a website in a format that is capable of being printed or stored electronically using a web browser. 3. Written history. Requests that exceed the requirements of §1005.18(c)(1)(iii) for providing written account transaction history, and which therefore a financial institution may charge a fee, include the following: i. A financial institution may assess a fee or charge to a consumer for responding to subsequent requests for written account transaction history made in a single calendar month. For example, if a consumer requests written account transaction history on June 1 and makes another request on August 5, the financial institution may not assess a fee or charge to the consumer for responding to either request. However, if the consumer requests written account transaction history on June 1 and then makes another request on June 15, the financial institution may assess a fee or charge to the consumer for responding to the request made on June 15, as this is the second response in the same month. ii. If a financial institution maintains more than 24 months of written account transaction history, it may assess a fee or charge to the consumer for providing a written history for transactions occurring more than 24 months preceding the date the financial institution receives the consumer's request, provided the consumer specifically requests the written account transaction history for that time period. iii. If a financial institution offers a consumer the ability to request automatic mailings of written account transaction history on a monthly or other periodic basis, it may assess a fee or charge for such automatic mailings but not for the written account transaction history requested pursuant to §1005.18(c)(1)(iii). See comment 18(c)-6. 4. 12 months of electronic account transaction history. Section 1005.18(c)(1)(ii) requires a financial institution to make available at least 12 months of account transaction history electronically. If a prepaid account has been opened for fewer than 12 months, the financial institution need only provide electronic account transaction history pursuant to §1005.18(c)(1)(ii) since the time of account opening. If a prepaid account is closed or becomes inactive, as defined by the financial institution, the financial institution need not make available electronic account transaction history. See comment 9(b)-3. If an inactive account becomes active, the financial institution must again make available 12 months of electronic account transaction history. 5. 24 months of written account transaction history. Section 1005.18(c)(1)(iii) requires a financial institution to provide at least 24 months of account transaction history in writing upon the consumer's request. A financial institution may provide fewer than 24 months of written account transaction history if the consumer requests a shorter period of time. If a prepaid account has been opened for fewer than 24 months, the financial institution need only provide written account transaction history pursuant to §1005.18(c)(1)(iii) since the time of account opening. Even if a prepaid account is closed or becomes inactive, the financial institution must continue to provide upon request at least 24 months of written account transaction history preceding the date the request is received. When a prepaid account has been closed or inactive for 24 months or longer, the financial institution is no longer required to provide any written account transaction history pursuant to §1005.18(c)(1)(iii). 6. Periodic statement alternative for unverified prepaid accounts. For prepaid accounts that are not payroll card accounts or government benefit accounts, a financial institution is not required to provide a written history of the consumer's account transactions for any prepaid account for which the financial institution has not completed its consumer identification and verification process as described in §1005.18(e)(3)(ii)(A) through (C). If a prepaid account is verified, a financial institution must provide written account transaction history upon the consumer's request that includes the period during which the account was not verified, provided that the period is within the 24-month time frame specified in §1005.18(c)(1)(iii). 7. Inclusion of all fees charged. A financial institution that furnishes a periodic statement pursuant to §1005.9(b) for a prepaid account must disclose the amount of any fees assessed against the account, whether for electronic fund transfers or otherwise, on the periodic statement as well as on any electronic or written account transaction history the financial institution makes available or provides to the consumer. For example, if a financial institution sends periodic statements and also makes available the consumer's electronic account transaction history on its website, the financial institution must disclose the amount of any fees assessed against the account, whether for electronic fund transfers or otherwise, on the periodic statement and on the consumer's electronic account transaction history made available on its website. Likewise, a financial institution that follows the periodic statement alternative in §1005.18(c)(1) must disclose the amount of any fees assessed against the account, whether for electronic fund transfers or otherwise, on the electronic history of the consumer's account transactions made available pursuant to §1005.18(c)(1)(ii) and any written history of the consumer's account transactions provided pursuant to §1005.18(c)(1)(iii). 8. Summary totals of fees. Section 1005.18(c)(5) requires a financial institution to disclose a summary total of the amount of all fees assessed by the financial institution against a prepaid account for the prior calendar month and for the calendar year to date. i. Generally. A financial institution that furnishes a periodic statement pursuant to §1005.9(b) for a prepaid account must display the monthly and annual fee totals on the periodic statement as well as on any electronic or written account transaction history the financial institution makes available or provides to the consumer. For example, if a financial institution sends periodic statements and also makes available the consumer's electronic account transaction history on its website, the financial institution must display the monthly and annual fee totals on the periodic statement and on the consumer's electronic account transaction history made available on its website. Likewise, a financial institution that follows the periodic statement alternative in §1005.18(c)(1) must display the monthly and annual fee totals on the electronic history of the consumer's account transactions made available pursuant to §1005.18(c)(1)(ii) and any written history of the consumer's account transactions provided pursuant to §1005.18(c)(1)(iii). If a financial institution provides periodic statements pursuant to §1005.9(b), fee totals may be disclosed for each statement period rather than each calendar month, if different. The summary totals of fees should be net of any fee reversals. ii. Third-party fees. A financial institution may, but is not required to, include third-party fees in its summary totals of fees provided pursuant to §1005.18(c)(5). For example, a financial institution must include in the summary totals of fees the fee it charges a consumer for using an out-of-network ATM, but it need not include any fee charged by an ATM operator, with whom the financial institution has no relationship, for the consumer's use of that operator's ATM. Similarly, a financial institution need not include in the summary totals of fees the fee charged by a third-party reload network for the service of adding cash to a prepaid account at a point-of-sale terminal. A financial institution may, but is not required to, inform consumers of third-party fees such as by providing a disclaimer to indicate that the summary totals do not include certain third-party fees or to explain when third-party fees may occur or through some other method. 9. Display of summary totals of fees. A financial institution may, but is not required to, also include sub-totals of the types of fees that make up the summary totals of fees as required by §1005.18(c)(5). For example, if a financial institution distinguishes optional fees (e.g., custom card design fees) from fees to use the account, in displaying the summary totals of fees, the financial institution may include sub-totals of those fees, provided the financial institution also presents the combined totals of all fees. 18(e) Modified Limitations on Liability and Error Resolution Requirements 1. Error resolution safe harbor provision. Institutions that choose to investigate notices of error provided up to 120 days from the date a transaction has posted to a consumer's account may still disclose the error resolution time period required by the regulation (as set forth in the model clause in paragraph (b) of appendix A-7 of this part). Specifically, an institution may disclose to prepaid account holders that the institution will investigate any notice of error provided within 60 days of the consumer electronically accessing an account or receiving a written history upon request that reflects the error, even if, for some or all transactions, the institution investigates any notice of error provided up to 120 days from the date that the transaction alleged to be in error has posted to the consumer's account. Similarly, an institution's summary of the consumer's liability (as required under §1005.7(b)(1)) may disclose that liability is based on the consumer providing notice of error within 60 days of the consumer electronically accessing an account or receiving a written history reflecting the error, even if, for some or all transactions, the institution allows a consumer to assert a notice of error up to 120 days from the date of posting of the alleged error. 2. Electronic access. A consumer is deemed to have accessed a prepaid account electronically when the consumer enters a user identification code or password or otherwise complies with a security procedure used by an institution to verify the consumer's identity and to provide access to a website or mobile application through which account information can be viewed. An institution is not required to determine whether a consumer has in fact accessed information about specific transactions to trigger the beginning of the 60-day periods for liability limits and error resolution under §§1005.6 and 1005.11. A consumer is not deemed to have accessed a prepaid account electronically when the consumer receives an automated text message or other automated account alert, or checks the account balance by telephone. 3. Untimely notice of error. An institution that provides a transaction history under §1005.18(c)(1) is not required to comply with the requirements of §1005.11 for any notice of error from the consumer received more than 60 days after the earlier of the date the consumer electronically accesses the account transaction history or the date the financial institution sends a written account transaction history upon the consumer's request. (Alternatively, as provided in §1005.18(e)(2)(ii), an institution need not comply with the requirements of §1005.11 with respect to any notice of error received from the consumer more than 120 days after the date of posting of the transfer allegedly in error.) Where the consumer's assertion of error involves an unauthorized EFT, however, the institution must comply with §1005.6 (including the extension of time limits in §1005.6(b)(4)) before it may impose any liability on the consumer. 4. Verification of accounts. Section 1005.18(e)(3)(i) provides that for prepaid accounts that are not payroll card accounts or government benefit accounts, a financial institution is not required to comply with the liability limits and error resolution requirements in §§1005.6 and 1005.11 for any prepaid account for which it has not successfully completed its consumer identification and verification process. Consumer identifying information may include the consumer's full name, address, date of birth, and Social Security number or other government-issued identification number. Section 1005.18(e)(3)(iii) provides that once a financial institution successfully completes its consumer identification and verification process with respect to a prepaid account, the financial institution must limit the consumer's liability for unauthorized transfers and resolve errors that occur following verification in accordance with §1005.6 or §1005.11, or the modified timing requirements in §1005.18(e), as applicable. A financial institution is not required to limit a consumer's liability for unauthorized transfers or resolve errors that occur prior to the financial institution's successful completion of its consumer identification and verification process with respect to a prepaid account. 5. Financial institution has not successfully completed verification. Section 1005.18(e)(3)(ii)(A) states that, provided it discloses to the consumer the risks of not registering and verifying a prepaid account, a financial institution has not successfully completed its consumer identification and verification process where it has not concluded the process with respect to a particular prepaid account. For example, a financial institution initiates its consumer identification and verification process by collecting identifying information about a consumer, and attempts to verify the consumer's identity. The financial institution is unable to conclude the process because of conflicting information about the consumer's current address. The financial institution informs the consumer about the nature of the information at issue and requests additional documentation, but the consumer does not provide the requested documentation. As long as the information needed to complete the verification process remains outstanding, the financial institution has not concluded its consumer identification and verification process with respect to that consumer. A financial institution may not delay completing its consumer identification and verification process or refuse to verify a consumer's identity based on the consumer's assertion of an error. 6. Account verification prior to acquisition. A financial institution that collects and verifies consumer identifying information, or that obtains such information after it has been collected and verified by a third party, prior to or as part of the account acquisition process, is deemed to have successfully completed its consumer identification and verification process with respect to that account. For example, a university contracts with a financial institution to disburse financial aid to students via the financial institution's prepaid accounts. To facilitate the accurate disbursal of aid awards, the university provides the financial institution with identifying information about the university's students, whose identities the university had previously verified. The financial institution is deemed to have successfully completed its consumer identification and verification process with respect to those accounts. 1. Initial disclosure of fees and other information. Section 1005.18(f)(1) requires a financial institution to include, as part of the initial disclosures given pursuant to §1005.7, all of the information required to be disclosed in its pre-acquisition long form disclosure pursuant to §1005.18(b)(4). Section 1005.18(b)(4)(ii) requires a financial institution to disclose in its pre-acquisition long form disclosure all fees imposed in connection with a prepaid account. Section 1005.18(b)(4) also contains several specific statements that must be provided as part of the long form disclosure. A financial institution may, but is not required to, disclose the information required by §1005.18(b)(4) in accordance with the formatting, grouping, size and other requirements set forth in §1005.18(b) for the long form disclosure as part of its initial disclosures provided pursuant to §1005.7; a financial institution may choose to do so, however, in order to satisfy other requirements in §1005.18. See, e.g., §1005.18(b)(1)(ii) regarding the retail location exception. 2. Changes to the Regulation Z disclosures for overdraft credit features. Pursuant to §1005.18(f)(2), if a financial institution provides pursuant §1005.18(f)(1) the Regulation Z disclosures required by §1005.18(b)(4)(vii) for an overdraft credit feature, the financial institution is not required to provide a change-in-terms notice solely to reflect a change in the fees or other terms disclosed therein. This exception does not extend to any finance charges imposed on the prepaid account as described in Regulation Z, 12 CFR 1026.4(b)(11)(ii), in connection with a covered separate credit feature accessible by a hybrid prepaid-credit card as defined in 12 CFR 1026.61 that are required to be disclosed pursuant to §1005.18(b)(4)(ii). See comment 18(b)(4)(ii)-1. 3. Web site and telephone number on a prepaid account access device. Section 1005.18(f)(3) requires that the name of a financial institution and the Web site URL and a telephone number that a consumer can use to contact the financial institution about the prepaid account must be disclosed on the prepaid account access device. A disclosure made on an accompanying document, such as a terms and conditions document, on packaging material surrounding an access device, or on a sticker or other label affixed to an access device does not constitute a disclosure on the access device. The financial institution must provide this information to allow consumers to, for example, contact the financial institution to learn about the terms and conditions of the prepaid account, obtain prepaid account balance information, request a copy of transaction history pursuant to §1005.18(c)(1)(iii) if the financial institution does not provide periodic statements pursuant to §1005.9(b), or to notify the financial institution when the consumer believes that an unauthorized electronic fund transfer has occurred as required by §§1005.7(b)(2) and 1005.18(d)(1)(ii). 18(g) Prepaid Accounts Accessible by Hybrid Prepaid-Credit Cards 1. Covered separate credit feature accessible by a hybrid prepaid-credit card. Regulation Z, 12 CFR 1026.61, defines the term covered separate credit feature accessible by a hybrid prepaid-credit card. 2. Asset feature. i. Regulation Z, 12 CFR 1026.61(a)(5)(ii), defines the term asset feature. ii. Section 1005.18(g) applies to account terms, conditions, and features that apply to the asset feature of the prepaid account. Section 1005.18(g) does not apply to the account terms, conditions, or features that apply to the covered separate credit feature, regardless of whether it is structured as a separate credit account or as a credit subaccount of the prepaid account that is separate from the asset feature of the prepaid account. 3. Scope of §1005.18(g). Under §1005.18(g), a financial institution may offer different terms on different prepaid account programs. For example, the terms may differ between a prepaid account program where a covered separate credit feature accessible by a hybrid prepaid-credit card is not offered in connection with any prepaid accounts within the prepaid account program, and a prepaid account program where a covered separate credit feature accessible by a hybrid prepaid-credit card may be offered to some consumers in connection with their prepaid accounts. 4. Variation in account terms, conditions, or features. i. Account terms, conditions, and features subject to §1005.18(g) include, but are not limited to: A. Interest paid on funds deposited into the asset feature of the prepaid account, if any; B. Fees or charges imposed on the asset feature of the prepaid account. See comment 18(g)-5 for additional guidance on how §1005.18(g) applies to fees or charges imposed on the asset feature of the prepaid account. C. The type of access device provided to the consumer. For instance, an institution may not provide a PIN-only card on prepaid accounts without a covered separate credit feature that is accessible by a hybrid prepaid-credit card, while providing a prepaid card with both PIN and signature-debit functionality for prepaid accounts in the same prepaid account program with such a credit feature; D. Minimum balance requirements on the asset feature of the prepaid account; or E. Account features offered in connection with the asset feature of the prepaid account, such as online bill payment services. 5. Fees. i. With respect to a prepaid account program where consumers may be offered a covered separate credit feature accessible by a hybrid prepaid-credit card as defined by Regulation Z, 12 CFR 1026.61, §1005.18(g) only permits a financial institution to charge the same or higher fees on the asset feature of a prepaid account with a covered separate credit feature than the amount of a comparable fee it charges on prepaid accounts in the same prepaid account program that do not have a such a credit feature. Section 1005.18(g) prohibits a financial institution from imposing a lower fee or charge on prepaid accounts with a covered separate credit feature than the amount of a comparable fee or charge it charges on prepaid accounts in the same prepaid account program without such a credit feature. With regard to a covered separate credit feature and an asset feature of a prepaid account that are both accessible by a hybrid prepaid-credit card as defined in Regulation Z, 12 CFR 1026.61, a fee or charge imposed on the asset feature of the prepaid account generally is a finance charge under Regulation Z (12 CFR part 1026) to the extent that the amount of the fee or charge exceeds the amount of a comparable fee or charge imposed on prepaid accounts in the same prepaid account program that do not have such a credit feature. See Regulation Z, 12 CFR 1026.4(b)(11)(ii). With regard to a covered separate credit feature and an asset feature of a prepaid account that are both accessible by a hybrid prepaid-credit card as defined in Regulation Z, 12 CFR 1026.61, this comment below provides illustrations of how §1005.18(g) applies to fees or charges imposed on the asset feature of a prepaid account. The term “non-covered separate credit feature” refers to a separate credit feature that is not accessible by a hybrid prepaid-credit card as defined in Regulation Z, 12 CFR 1026.61. ii. The following examples illustrate how §1005.18(g) applies to per transaction fees for each transaction to access funds available in the asset feature of the prepaid account. A. Assume that a consumer has selected a prepaid account program where a covered separate credit feature accessible by a hybrid prepaid-credit card may be offered. For prepaid accounts without such a credit feature, the financial institution charges $0.50 for each transaction conducted that accesses funds available in the prepaid account. For prepaid accounts with a credit feature, the financial institution also charges $0.50 on the asset feature for each transaction conducted that accesses funds available in the asset feature of the prepaid account. In this case, for purposes of §1005.18(g), the financial institution is imposing the same fee for each transaction that accesses funds in the asset feature of the prepaid account, regardless of whether the prepaid account has a covered separate credit feature accessible by a hybrid prepaid-credit card. Also, with regard to a covered separate credit feature and an asset feature of a prepaid account that are both accessible by a hybrid prepaid-credit card as those terms are defined in Regulation Z, 12 CFR 1026.61, the $0.50 per transaction fee imposed on the asset feature for each transaction that accesses funds available in the asset feature of the prepaid account is not a finance charge under 12 CFR 1026.4(b)(11)(ii). See Regulation Z, 12 CFR 1026.4(b)(11)(ii) and comment 4(b)(11)(ii)-1, for a discussion of the definition of finance charge with respect to fees or charges imposed on the asset feature of a prepaid account with regard to a covered separate credit feature and an asset feature of a prepaid account that are both accessible by a hybrid prepaid-credit card as defined in 12 CFR 1026.61. B. Same facts as in paragraph A, except that for prepaid accounts with a covered separate credit feature, the financial institution imposes a $1.25 fee for each transaction conducted that accesses funds available in the asset feature of the prepaid account. In this case, the financial institution is permitted to charge a higher fee under §1005.18(g)(2) on prepaid accounts with a covered separate credit feature than it charges on prepaid accounts without such a credit feature. The $0.75 excess is a finance charge under Regulation Z, 12 CFR 1026.4(b)(11)(ii). C. Same facts as in paragraph A, except that for prepaid accounts with a covered separate credit feature, the financial institution imposes a $0.25 fee for each transaction conducted that accesses funds available in the asset feature of the prepaid account. In this case, the financial institution is in violation of §1005.18(g) because it is imposing a lower fee on the asset feature of a prepaid account with a covered separate credit feature than it imposes on prepaid accounts in the same program without such a credit feature. iii. Where the hybrid prepaid-credit card accesses credit from a covered separate credit feature in the course of authorizing, settling, or otherwise completing a transaction conducted with the card to obtain goods or services, obtain cash, or conduct person-to-person transfers, any per transaction fees imposed on the asset feature of prepaid accounts, including load and transfer fees, with such a credit feature are comparable only to per transaction fees for each transaction to access funds in the asset feature of a prepaid account that are imposed on prepaid accounts in the same prepaid account program that does not have such a credit feature. Per transaction fees for a transaction that is conducted to load or draw funds into a prepaid account from a source other than the funds in the asset feature are not comparable for purposes of §1005.18(g). To illustrate: A. Assume a financial institution charges $0.50 on prepaid accounts for each transaction that accesses funds in the asset feature of the prepaid accounts without a covered separate credit feature. Also, assume that the financial institution charges $0.50 per transaction on the asset feature of prepaid accounts in the same prepaid program where the hybrid prepaid-credit card accesses credit from a covered separate credit feature in the course of a transaction. In this case, for purposes of §1005.18(g), the financial institution is imposing the same fee for each transaction it pays, regardless of whether the transaction accesses funds available in the asset feature of the prepaid accounts without a covered separate credit feature, or is paid from credit from a covered separate credit feature in the course of authorizing, settling, or otherwise completing a transaction conducted with the card to obtain goods or services, obtain cash, or conduct person-to-person transfers. Also, for purposes of Regulation Z, 12 CFR 1026.4(b)(11)(ii), the $0.50 per transaction fee imposed on the asset feature of the prepaid account with a covered separate credit feature is not a finance charge. B. Assume same facts as in paragraph A above, except that assume the financial institution charges $1.25 on the asset feature of a prepaid account for each transaction where the hybrid prepaid-credit card accesses credit from the covered separate credit feature in the course of the transaction. The financial institution is permitted to charge the higher fee under §1005.18(g) for transactions that access the covered separate credit feature in the course of the transaction than the amount of the comparable fee it charges for each transaction that accesses funds available in the asset feature of the prepaid accounts without such a credit feature. The $0.75 excess is a finance charge under Regulation Z, 12 CFR 1026.4(b)(11)(ii). C. Same facts as in paragraph A, except that the financial institution imposes $0.25 on the asset feature of the prepaid account for each transaction conducted where the hybrid prepaid-credit card accesses credit from the covered separate credit feature in the course of the transaction. In this case, the financial institution is in violation of §1005.18(g) because it is imposing a lower fee on the asset feature of a prepaid account with a covered separate credit feature than the amount of the comparable fee it imposes on prepaid accounts in the same program without such a credit feature. D. Assume a financial institution charges $0.50 on prepaid accounts for each transaction that accesses funds in the asset feature of the prepaid accounts without a covered separate credit feature. Assume also that the financial institution charges both a $0.50 per transaction fee and a $1.25 transfer fee on the asset feature of prepaid accounts in the same prepaid program where the hybrid prepaid-credit card accesses credit from a covered separate credit feature in the course of a transaction. In this case, both fees charged on a per-transaction basis for the credit transaction (i.e., a combined fee of $1.75 per transaction) must be compared to the $0.50 per transaction fee to access funds in the asset feature of the prepaid account without a covered separate credit feature. The financial institution is permitted to charge a higher fee under §1005.18(g) for transactions that access the covered separate credit feature in the course of the transaction than the amount of the comparable fee it charges for each transaction that accesses funds available in the asset feature of the prepaid accounts without such a credit feature. The $1.25 excess is a finance charge under Regulation Z, 12 CFR 1026.4(b)(11)(ii). E. Assume same facts as in paragraph D above, except that assume the financial institution also charges a load fee of $1.25 whenever funds are transferred or loaded from a separate asset account, such as from a deposit account via a debit card, in the course of a transaction on prepaid accounts without a covered separate credit feature, in addition to charging a $0.50 per transaction fee. In this case, both fees charged on a per-transaction basis for the credit transaction (i.e., a combined fee of $1.75 per transaction) must be compared to the per transaction fee (i.e., the fee of $0.50) to access funds available in the asset feature of the prepaid accounts on a prepaid account without a covered separate credit feature. Per transaction fees for a transaction that is conducted by drawing funds into a prepaid account from some other source (i.e., the fee of $1.25) are not comparable for purposes of §1005.18(g). The financial institution is permitted to charge a higher fee under §1005.18(g) for transactions that access the covered separate credit feature in the course of the transaction than the amount of the comparable fee it charges for each transaction to access funds available in the asset feature of the prepaid accounts without such a credit feature. The $1.25 excess is a finance charge under Regulation Z, 12 CFR 1026.4(b)(11)(ii). iv. A consumer may choose in a particular circumstance to draw or transfer credit from the covered separate credit feature outside the course of a transaction conducted with the card to obtain goods or service, obtain cash, or conduct person-to-person transfers. For example, a consumer may use the prepaid card at the financial institution's Web site to load funds from the covered separate credit feature outside the course of a transaction conducted with the card to obtain goods or services, obtain cash, or conduct person-to-person transfers. See Regulation Z, 12 CFR 1026.61(a)(2)(i)(B) and comment 61(a)(2)-4.ii. In these situations, load or transfer fees imposed for draws or transfers of credit from the covered separate credit feature outside the course of a transaction are compared only with fees, if any, to load funds as a direct deposit of salary from an employer or a direct deposit of government benefits that are charged on prepaid accounts without a covered separate credit feature. Fees imposed on prepaid accounts without a covered separate credit feature for a one-time load or transfer of funds from a separate asset account or from a non-covered separate credit feature are not comparable for purposes of §1005.18(g). To illustrate: A. Assume a financial institution charges a $1.25 load fee to transfer funds from a non-covered separate credit feature, such as a non-covered separate credit card account, into prepaid accounts that do not have a covered separate credit feature and does not charge a fee for a direct deposit of salary from an employer or a direct deposit of government benefits on those prepaid accounts. Assume the financial institution charges $1.25 on the asset feature of a prepaid account with a covered separate credit feature to load funds from the covered separate credit feature outside the course of a transaction. In this case, the load or transfer fees imposed for draws or transfers of credit from the covered separate credit feature outside the course of a transaction (i.e., the fee of $1.25) is compared with the fees to load funds as a direct deposit of salary from an employer or a direct deposit of government benefits that are charged on prepaid accounts without a covered separate credit feature (i.e., the fee of $0). Fees imposed on prepaid accounts without a covered separate credit feature for a one-time load or transfer of funds from a separate asset account (i.e., the fee of $1.25) is not comparable for purposes of §1005.18(g). In this case, the financial institution is permitted to charge a higher fee under §1005.18(g) for transactions that access the covered separate credit feature on prepaid accounts with a credit feature than the amount of the comparable fee it charges on prepaid accounts in the same program without such a credit feature. The $1.25 fee imposed on the asset feature of the prepaid account with a separate credit feature is a finance charge under Regulation Z, 12 CFR 1026.4(b)(11)(ii). B. Assume that a financial institution charges a $1.25 load fee for a one-time transfer of funds from a separate asset account, such as from a deposit account via a debit card, to a prepaid account without a covered separate credit feature and does not charge a fee for a direct deposit of salary from an employer or a direct deposit of government benefits on those prepaid accounts. Assume the financial institution charges $1.25 on the asset feature of a prepaid account with a covered separate credit feature to load funds from the covered separate credit feature outside the course of a transaction. In this case, the load or transfer fees imposed for draws or transfers of credit from the covered separate credit feature outside the course of a transaction (i.e., the fee of $1.25) is compared with the fees to load funds as a direct deposit of salary from an employer or a direct deposit of government benefits that are charged on prepaid accounts without a covered separate credit feature (i.e., the fee of $0). Fees imposed on prepaid accounts without a covered separate credit feature for a one-time load or transfer of funds from a separate asset account (i.e., the fee of $1.25) is not comparable for purposes of §1005.18(g). In this case, the financial institution is permitted to charge a higher fee under §1005.18(g) for transactions that access the covered separate credit feature on prepaid accounts with a credit feature than the amount of the comparable fee it charges on prepaid accounts in the same program without such a credit feature. The $1.25 fee imposed on the asset feature of the prepaid account with a covered separate credit feature is a finance charge under Regulation Z, 12 CFR 1026.4(b)(11)(ii). 18(h) Effective Date and Special Transition Rules for Disclosure Provisions 1. Disclosures not on prepaid account access devices and prepaid account packaging materials. Section 1005.18(h)(1) provides that, except as provided in §1005.18(h)(2) and (3), the disclosure requirements of subpart A, as modified by §1005.18, apply to prepaid accounts as defined in §1005.2(b)(3), including government benefit accounts subject to §1005.15, beginning April 1, 2019. This effective date applies to disclosures made available or provided to consumers electronically, orally by telephone, or in a form other than on pre-printed materials, such as disclosures printed on paper by a financial institution upon a consumer's request. 2. Disclosures on prepaid account access devices and prepaid account packaging materials. Section 1005.18(h)(2)(i) provides that the disclosure requirements of subpart A, as modified by §1005.18, do not apply to any disclosures that are provided, or that would otherwise be required to be provided, on prepaid account access devices, or on, in, or with prepaid account packaging materials that were manufactured, printed, or otherwise produced in the normal course of business prior to April 1, 2019. This includes, for example, disclosures contained on or in packages for prepaid accounts sold at retail, or disclosures for payroll card accounts or government benefit accounts that are distributed to employees or benefits recipients in packages or envelopes. Disclosures on, in, or with access devices or packaging materials that are manufactured, printed, or otherwise produced on or after April 1, 2019 must comply with all the requirements of subpart A. 3. Form of notice to consumers. A financial institution that is required to notify consumers of a change in terms and conditions pursuant to §1005.18(h)(2)(ii) or (iii), or that otherwise provides updated initial disclosures as a result of §1005.18(h)(1) taking effect, may provide the notice or disclosures either as a separate document or included in another notice or mailing that the consumer receives regarding the prepaid account to the extent permitted by other laws and regulations. 4. Ability to contact the consumer. A financial institution that has not obtained the consumer's contact information is not required to comply with the requirements set forth in §1005.18(h)(2)(ii) or (iii). A financial institution is able to contact the consumer when, for example, it has the consumer's mailing address or email address. 5. Closed and inactive prepaid accounts. The requirements of §1005.18(h)(2)(iii) do not apply to prepaid accounts that are closed or inactive, as defined by the financial institution. However, if an inactive account becomes active, the financial institution must comply with the requirements of §1005.18(h)(2)(ii) within 30 days of the account becoming active again in order to avail itself of the timing requirements and accommodations set forth in §1005.18(h)(2)(iii) and (iv). 6. Account information not available on April 1, 2019. i. Electronic and written account transaction history. A financial institution following the periodic statement alternative in §1005.18(c) must make available 12 months of electronic account transaction history pursuant to §1005.18(c)(1)(ii) and must provide 24 months of written account transaction history upon request pursuant to §1005.18(c)(1)(iii) beginning April 1, 2019. If, on April 1, 2019, the financial institution does not have readily accessible the data necessary to make available or provide the account histories for the required time periods, the financial institution may make available or provide such histories using the data for the time period it has until the financial institution has accumulated the data necessary to comply in full with the requirements set forth in §1005.18(c)(1)(ii) and (iii). For example, a financial institution that had been retaining only 60 days of account history before April 1, 2019 would provide 60 days of written account transaction history upon a consumer's request on April 1, 2019. If, on May 1, 2019, the consumer made another request for written account transaction history, the financial institution would be required to provide three months of account history. The financial institution must continue to provide as much account history as it has accumulated at the time of a consumer's request until it has accumulated 24 months of account history. Thus, all financial institutions must fully comply with the electronic account transaction history requirement set forth in §1005.18(c)(1)(ii) no later than April 1, 2020 and must fully comply with the written account transaction history requirement set forth in §1005.18(c)(1)(iii) no later than April 1, 2021. ii. Summary totals of fees. A financial institution must display a summary total of the amount of all fees assessed by the financial institution on the consumer's prepaid account for the prior calendar month and for the calendar year to date pursuant to §1005.18(c)(5) beginning April 1, 2019. If, on April 1, 2019, the financial institution does not have readily accessible the data necessary to calculate the summary totals of fees for the prior calendar month or the calendar year to date, the financial institution may provide the summary totals using the data it has until the financial institution has accumulated the data necessary to display the summary totals as required by §1005.18(c)(5). That is, the financial institution would first display the monthly fee total beginning on May 1, 2019 for the month of April, and the year-to-date fee total beginning on April 1, 2019, provided the financial institution discloses that it is displaying the year-to-date total beginning on April 1, 2019 rather than for the entire calendar year 2019. On January 1, 2020, financial institutions must begin displaying year-to-date fee totals for calendar year 2020. Section 1005.19 Internet Posting of Prepaid Account Agreements 19(a) Definitions 19(a)(1) Agreement 1. Provisions contained in separate documents included. Section 1005.19(a)(1) defines a prepaid account agreement, for purposes of §1005.19, as the written document or documents evidencing the terms of the legal obligation, or the prospective legal obligation, between a prepaid account issuer and a consumer for a prepaid account. An agreement may consist of several documents that, taken together, define the legal obligation between the issuer and consumer. 19(a)(2) Amends 1. Substantive changes. A change to an agreement is substantive, and therefore is deemed an amendment of the agreement, if it alters the rights or obligations of the parties. Section 1005.19(a)(2) provides that any change in the fee information, as defined in §1005.19(a)(3), is deemed to be substantive. Examples of other changes that generally would be considered substantive include: i. Addition or deletion of a provision giving the issuer or consumer a right under the agreement, such as a clause that allows an issuer to unilaterally change the terms of an agreement. ii. Addition or deletion of a provision giving the issuer or consumer an obligation under the agreement, such as a clause requiring the consumer to pay an additional fee. iii. Changes that may affect the cost of the prepaid account to the consumer, such as changes in a provision describing how the prepaid account's monthly fee will be calculated. iv. Changes that may affect how the terms of the agreement are construed or applied, such as changes to a choice of law provision. v. Changes that may affect the parties to whom the agreement may apply, such as changes to provisions regarding authorized users or assignment of the agreement. vi. Changes to the corporate name of the issuer or program manager, or to the issuer's address or identifying number, such as its RSSD ID number or tax identification number. vii. Changes to the list of names of other relevant parties, such as the employer for a payroll card program or the agency for a government benefit program. But see §1005.19(b)(2)(ii) regarding the timing of submitting such changes to the Bureau. viii. Changes to the name of the prepaid account program to which the agreement applies. 2. Non-substantive changes. Changes that generally would not be considered substantive include, for example: i. Correction of typographical errors that do not affect the meaning of any terms of the agreement. ii. Changes to the issuer's corporate logo or tagline. iii. Changes to the format of the agreement, such as conversion to a booklet from a full-sheet format, changes in font, or changes in margins. iv. Reordering sections of the agreement without affecting the meaning of any terms of the agreement. v. Adding, removing, or modifying a table of contents or index. vi. Changes to titles, headings, section numbers, or captions. 19(a)(4) Issuer 1. Issuer. Section 1005.19(a)(4) provides that, for purposes of §1005.19, issuer or prepaid account issuer means the entity to which a consumer is legally obligated, or would be legally obligated, under the terms of a prepaid account agreement. For example, Bank X and Bank Y work together to issue prepaid accounts. A consumer that obtains a prepaid account issued pursuant to this arrangement between Bank X and Bank Y is subject to an agreement that states “This is an agreement between you, the consumer, and Bank X that governs the terms of your Bank Y Prepaid Account.” The prepaid account issuer in this example is Bank X, because the agreement creates a legally enforceable obligation between the consumer and Bank X. Bank X is the issuer even if the consumer applied for the prepaid account through a link on Bank Y's website and the cards prominently feature the Bank Y logo on the front of the card. 2. Use of third-party service providers. An issuer has a legal obligation to comply with the requirements of §1005.19. However, an issuer generally may use a third-party service provider to satisfy its obligations under §1005.19, provided that the issuer acts in accordance with regulatory guidance regarding use of third-party service providers and other applicable regulatory guidance. In some cases, an issuer may wish to arrange for the entity with which it partners to issue prepaid accounts to fulfill the requirements of §1005.19 on the issuer's behalf. For example, Program Manager and Bank work together to issue prepaid accounts. Under the §1005.19(a)(4) definition of issuer, Bank is the issuer of these prepaid accounts for purposes of §1005.19. However, Program Manager services the prepaid accounts, including mailing to consumers account opening materials and making available to consumers their electronic account transaction history, pursuant to §1005.18(c)(1)(ii). While Bank is responsible for ensuring compliance with §1005.19, Bank may arrange for Program Manager (or another appropriate third-party service provider) to make submissions of prepaid account agreements to the Bureau under §1005.19 on Bank's behalf. Bank must comply with regulatory guidance regarding use of third-party service providers and other applicable regulatory guidance. 3. Third-party websites. As explained in comment 19(c)-2, if an issuer provides consumers with access to specific information about their individual accounts, such as making available to consumers their electronic account transaction history, pursuant to §1005.18(c)(1)(ii), through a third-party website, the issuer is deemed to maintain that website for purposes of §1005.19. Such a website is deemed to be maintained by the issuer for purposes of §1005.19 even where, for example, an unaffiliated entity designs the website and owns and maintains the information technology infrastructure that supports the website, consumers with prepaid accounts from multiple issuers can access individual account information through the same website, and the website is not labeled, branded, or otherwise held out to the public as belonging to the issuer. A partner institution's website is an example of a third-party website that may be deemed to be maintained by the issuer for purposes of §1005.19. For example, Program Manager and Bank work together to issue prepaid accounts. Under the §1005.19(a)(4) definition of issuer, Bank is the issuer of these prepaid accounts for purposes of §1005.19. Bank does not maintain a website specifically related to prepaid accounts. However, consumers can access information about their individual accounts, such as an electronic account transaction history, through a website maintained by Program Manager. Program Manager designs the website and owns and maintains the information technology infrastructure that supports the website. The website is branded and held out to the public as belonging to Program Manager. Because consumers can access information about their individual accounts through this website, the website is deemed to be maintained by Bank for purposes of §1005.19. Bank therefore may comply with §1005.19(c) or (d)(1) by ensuring that agreements offered by Bank are posted on Program Manager's website in accordance with §1005.19(c) or (d)(1), respectively. Bank need not create and maintain a website branded and held out to the public as belonging to Bank in order to comply with §1005.19(c) and (d) as long as Bank ensures that Program Manager's website complies with these sections. 19(a)(6) Offers to the General Public 1. Prepaid accounts offered to limited groups. An issuer is deemed to offer a prepaid account agreement to the general public even if the issuer markets, solicits applications for, or otherwise makes available prepaid accounts only to a limited group of persons. For example, an issuer may solicit only residents of a specific geographic location for a particular prepaid account; in this case, the agreement would be considered to be offered to the general public. Similarly, agreements for prepaid accounts issued by a credit union are considered to be offered to the general public even though such prepaid accounts are available only to credit union members. 2. Prepaid account agreements not offered to the general public. A prepaid account agreement is not offered to the general public when a consumer is offered the agreement only by virtue of the consumer's relationship with a third party. Examples of agreements not offered to the general public include agreements for payroll card accounts, government benefit accounts, or for prepaid accounts used to distribute student financial aid disbursements, or property and casualty insurance payouts, and other similar programs. 19(a)(7) Open Account 1. Open account. A prepaid account is an open account if (i) there is an outstanding balance in the account; (ii) the consumer can load more funds to the account even if the account does not currently hold a balance; or (iii) the consumer can access credit from a covered separate credit feature accessible by a hybrid prepaid-credit card as defined in Regulation Z, 12 CFR 1026.61, in connection with a prepaid account. Under this definition, an account that meets any of these criteria is considered to be open even if the account is deemed inactive by the issuer. 19(a)(8) Prepaid Account 1. Prepaid account. Section 1005.19(a)(7) provides that, for purposes of §1005.19, the term prepaid account means a prepaid account as defined in §1005.2(b)(3). Therefore, for purposes of §1005.19, a prepaid account includes, among other things, a payroll card account as defined in §1005.2(b)(3)(iii) and a government benefit account as defined in §§1005.2(b)(3)(iii) and 1005.15(a)(2). 19(b) Submission of Agreements to the Bureau 19(b)(1) Submissions on a Rolling Basis 1. Rolling submission requirement. Section 1005.19(b)(1) requires issuers to send submissions to the Bureau no later than 30 days after offering, amending, or ceasing to offer any prepaid account agreement, as described in §1005.19(b)(1)(ii) through (iv). For example, if on July 1 an issuer offers a prepaid account agreement that has not been previously submitted to the Bureau, it must submit that agreement to the Bureau by July 31 of the same year. Similarly, if on August 1 an issuer amends a prepaid account agreement previously submitted to the Bureau, and the change becomes effective on September 15, the issuer must submit the entire amended agreement as required by §1005.19(b)(2)(i) by October 15 of the same year. Furthermore, if on December 31 an issuer ceases to offer a prepaid account agreement that was previously submitted to the Bureau, it must submit notification to the Bureau that it is withdrawing that agreement as required by §1005.19(b)(3) by January 30 of the following year. 2. Prepaid accounts offered in conjunction with multiple issuers. If a program manager offers prepaid account agreements in conjunction with multiple issuers, each issuer must submit its own agreement to the Bureau. Alternatively, each issuer may use the program manager to submit the agreement on its behalf, in accordance with comment 19(a)(4)-2. 19(b)(2) Amended Agreements 1. Change-in-terms notices not permissible. Section 1005.19(b)(2)(i) requires that if an agreement previously submitted to the Bureau is amended, the issuer must submit the entire revised agreement to the Bureau. An issuer may not fulfill this requirement by submitting a change-in-terms or similar notice covering only the terms that have changed. Amendments must be integrated into the text of the agreement (or the optional addenda described in §1005.19(b)(6)), not provided as separate riders. 2. Updates to the list of names of other relevant parties to an agreement. Section 1005.19(b)(2)(ii) permits an issuer to delay making a submission to the Bureau regarding a change in the list of other relevant parties to a particular agreement until the earlier of such time as the issuer is otherwise submitting an amended agreement or changes to other identifying information about the issuer and its submitted agreements pursuant to §1005.19(b)(1)(i); or May 1 of each year, for any updates to the list of names of other relevant parties that occurred between the issuer's last submission of relevant party information for that agreement and April 1 of that year. Section 1005.19(b)(2)(ii) thus ensures that the Bureau has a list of names of other relevant parties for all submitted agreements that is up-to-date as of April 1 of each year. The following examples illustrate these requirements: i. An issuer first submits to the Bureau a payroll card agreement, along with a list of names of the other relevant parties (i.e., employers) to that agreement, on May 1, 2019. On July 1, 2020, the issuer adds four new employers under the agreement. The issuer is not required to make a submission to the Bureau regarding the addition of other relevant parties to that agreement at that time. ii. On January 1, 2020, a change to the payroll card agreement becomes effective reflecting a new feature and accompanying fee that the issuer has added to the program. The issuer is required, by January 31, 2020, to submit to the Bureau its entire revised agreement and an updated list of the names of other relevant parties to that agreement. iii. If the issuer has not added any other employers to the agreement by April 1, 2020, the issuer is not required to submit to the Bureau an updated list of names of other relevant parties to that agreement, because the list it previously submitted to the Bureau remains current. iv. If, however, on March 1, 2020, the issuer adds two new employers under the agreement but makes no other changes to the agreement, then as of April 1 there are new relevant parties to the agreement that the issuer has not submitted to the Bureau. The issuer is required, by May 1, 2020, to submit to the Bureau an updated list of names of other relevant parties to that agreement reflecting the two employers it added in March. Because the issuer has not made any other changes to the agreement since it was submitted in January, the issuer is not required to re-submit the agreement itself by May 1, 2020. 19(b)(3) Withdrawal of Agreements No Longer Offered 1. No longer offers agreement. Section 1005.19(b)(3) provides that, if an issuer no longer offers an agreement that was previously submitted to the Bureau, the issuer must notify the Bureau no later than 30 days after the issuer ceases to offer the agreement that it is withdrawing the agreement. An issuer no longer offers an agreement when it no longer allows a consumer to activate or register a new account in connection with that agreement. 19(b)(4) De Minimis Exception 1. Relationship to other exceptions. The de minimis exception in §1005.19(b)(4) is distinct from the product testing exception under §1005.19(b)(5). The de minimis exception provides that an issuer with fewer than 3,000 open prepaid accounts is not required to submit any agreements to the Bureau, regardless of whether those agreements qualify for the product testing exception. In contrast, the product testing exception provides that an issuer is not required to submit to the Bureau agreements offered solely in connection with certain types of prepaid account programs with fewer than 3,000 open accounts, regardless of the issuer's total number of open accounts. 2. De minimis exception. Under §1005.19(b)(4), an issuer is not required to submit any prepaid account agreements to the Bureau under §1005.19(b)(1) if the issuer has fewer than 3,000 open prepaid accounts. For example, an issuer has 2,000 open prepaid accounts. The issuer is not required to submit any agreements to the Bureau because the issuer qualifies for the de minimis exception. 3. Date for determining whether issuer qualifies. Whether an issuer qualifies for the de minimis exception is determined as of the last day of each calendar quarter. For example, an issuer has 2,500 open prepaid accounts as of December 31, the last day of the calendar quarter. As of January 30, the issuer has 3,100 open prepaid accounts. As of March 31, the last day of the following calendar quarter, the issuer has 2,700 open prepaid accounts. Even though the issuer had 3,100 open prepaid accounts at one time during the calendar quarter, the issuer qualifies for the de minimis exception because the number of open prepaid accounts was less than 3,000 as of March 31. The issuer therefore is not required to submit any agreements to the Bureau under §1005.19(b)(1). 4. Date for determining whether issuer ceases to qualify. Whether an issuer ceases to qualify for the de minimis exception under §1005.19(b)(4) is determined as of the last day of the calendar quarter. For example, an issuer has 2,500 open prepaid accounts as of June 30, the last day of the calendar quarter. The issuer is not required to submit any agreements to the Bureau under §1005.19(b) by July 30 (the 30th day after June 30) because the issuer qualifies for the de minimis exception. As of July 15, the issuer has 3,100 open prepaid accounts. The issuer is not required to take any action at this time, because whether an issuer qualifies for the de minimis exception under §1005.19(b)(4) is determined as of the last day of the calendar quarter. The issuer still has 3,100 open prepaid accounts as of September 30. Because the issuer had 3,100 open prepaid accounts as of September 30, the issuer ceases to qualify for the de minimis exception and must submit its agreements to the Bureau by October 30, the 30th day after the last day of the calendar quarter. 5. Option to withdraw agreements. Section 1005.19(b)(4) provides that if an issuer that did not previously qualify for the de minimis exception newly qualifies for the de minimis exception, the issuer must continue to make rolling submissions to the Bureau as required by §1005.19(b)(1) until the issuer notifies the Bureau that the issuer is withdrawing all agreements it previously submitted to the Bureau. For example, an issuer offers three agreements and has 3,001 open accounts as of December 31. The issuer submitted each of the three agreements to the Bureau by January 30 as required under §1005.19(b). As of March 31, the issuer has only 2,999 open accounts. The issuer has two options. First, the issuer may notify the Bureau that the issuer is withdrawing each of the three agreements it previously submitted. Once the issuer has notified the Bureau, the issuer is no longer required to make rolling submissions to the Bureau under §1005.19(b) unless it later ceases to qualify for the de minimis exception. Alternatively, the issuer may choose not to notify the Bureau that it is withdrawing its agreements. In this case, the issuer must continue making rolling submissions to the Bureau as required by §1005.19(b). The issuer might choose not to withdraw its agreements if, for example, the issuer believes it will likely cease to qualify for the de minimis exception again in the near future. 19(b)(6) Form and Content of Agreements Submitted to the Bureau 1. Agreements currently in effect. Agreements submitted to the Bureau must contain the provisions of the agreement and fee information currently in effect. For example, on June 1, an issuer decides to decrease the out-of-network ATM withdrawal fee associated with one of the agreements it offers. The change in that fee will become effective on August 1. The issuer must submit and post the amended agreement with the decreased out-of-network ATM withdrawal fee to the Bureau by August 31 as required by §1005.19(b)(2)(i) and (c). 2. Fee information variations do not constitute separate agreements. Fee information that may vary from one consumer to another depending on the consumer's state of residence or other factors must be disclosed by setting forth all the possible variations. For example, an issuer offers a prepaid account with a monthly fee of $4.95 or $0 if the consumer regularly receives direct deposit to the prepaid account. The issuer must submit to the Bureau one agreement with fee information listing the possible monthly fees of $4.95 or $0 and including the explanation that the latter fee is dependent upon the consumer regularly receiving direct deposit. 3. Integrated agreement requirement. Issuers may not submit provisions of the agreement or fee information in the form of change-in-terms notices or riders. The only addenda that may be submitted as part of an agreement are the optional fee information addenda described in §1005.19(b)(6)(ii). Changes in provisions or fee information must be integrated into the body of the agreement or the optional fee information addenda. For example, it would be impermissible for an issuer to submit to the Bureau an agreement in the form of a terms and conditions document on January 1 and subsequently submit a change-in-terms notice to indicate amendments to the previously submitted agreement. Instead, the issuer must submit a document that integrates the changes made by each of the change-in-terms notices into the body of the original terms and conditions document and the optional addenda displaying variations in fee information. 19(c) Posting of Agreements Offered to the General Public 1. Requirement applies only to agreements offered to the general public. An issuer is only required to post and maintain on its publicly available Web site the prepaid account agreements that the issuer offers to the general public as defined by §1005.19(a)(6) and must submit to the Bureau under §1005.19(b). For agreements not offered to the general public, the issuer is not required to post and maintain the agreements on its publicly available Web site, but is still required to provide each individual consumer with access to his or her specific prepaid account agreement under §1005.19(d). This posting requirement is distinct from that of §1005.7, as modified by §1005.18(f)(1), which requires an issuer to provide certain disclosures at the time a consumer contracts for an electronic fund transfer service or before the first electronic fund transfer is made involving the consumer's account, and the change-in-terms notice required under §1005.8(a), as modified by §1005.18(f)(2). This requirement is also distinct from that of §1005.18(b)(4), which requires issuers to make the long form disclosure available to consumers prior to prepaid account acquisition and which, depending on the methods an issuer offers prepaid accounts to consumers, may require posting of the long form disclosure on the issuer's Web site. Additionally, if an issuer is not required to submit any agreements to the Bureau because the issuer qualifies for the de minimis exception under §1005.19(b)(4) or the agreement qualifies for the product testing exception under §1005.19(b)(5), the issuer is not required to post and maintain any agreements on its Web site under §1005.19(c). The issuer is still required to provide each individual consumer with access to his or her specific prepaid account agreement under §1005.19(d) by posting and maintaining the agreement on the issuer's Web site or by providing a copy of the agreement upon the consumer's request. 2. Issuers that do not otherwise maintain Web sites. If an issuer offers an agreement to the general public as defined by §1005.19(a)(6), that issuer must post that agreement on a publicly available Web site it maintains. If an issuer provides consumers with access to specific information about their individual accounts, such as balance information or copies of statements, through a third-party Web site, the issuer is considered to maintain that Web site for purposes of §1005.19. Such a third-party Web site is deemed to be maintained by the issuer for purposes of §1005.19(c) even where, for example, an unaffiliated entity designs the Web site and owns and maintains the information technology infrastructure that supports the Web site, consumers with prepaid accounts from multiple issuers can access individual account information through the same Web site, and the Web site is not labeled, branded, or otherwise held out to the public as belonging to the issuer. Therefore, issuers that provide consumers with access to account-specific information through a third-party Web site can comply with §1005.19(c) by ensuring that the agreements the issuer submits to the Bureau are posted on the third-party Web site in accordance with §1005.19(c). 19(d) Agreements for All Open Accounts 1. Requirement applies to all open accounts. The requirement to provide access to prepaid account agreements under §1005.19(d) applies to all open prepaid accounts. For example, an issuer that is not required to post agreements on its Web site because it qualifies for the de minimis exception under §1005.19(b)(4) would still be required to provide consumers with access to their specific agreements under §1005.19(d). Similarly, an agreement that is no longer offered would not be required to be posted on the issuer's Web site, but would still need to be provided to the consumer to whom it applies under §1005.19(d). Additionally, an issuer is not required to post on its Web site agreements not offered to the general public, such as agreements for payroll card accounts and government benefit accounts, as explained in comment 19(c)-1, but the issuer must still provide consumers with access to their specific agreements under §1005.19(d). 2. Agreements sent to consumers. Section 1005.19(d)(1)(ii) provides, in part, that if an issuer makes an agreement available upon request, the issuer must send the consumer a copy of the consumer's prepaid account agreement no later than five business days after the issuer receives the consumer's request. If the issuer mails the agreement, the agreement must be posted in the mail five business days after the issuer receives the consumer's request. If the issuer hand delivers or provides the agreement electronically, the agreement must be hand delivered or provided electronically five business days after the issuer receives the consumer's request. For example, if the issuer emails the agreement, the email with the attached agreement must be sent no later than five business days after the issuer receives the consumer's request. Section 1005.20 Requirements for Gift Cards and Gift Certificates 1. Form of card, code, or device. Section 1005.20 applies to any card, code, or other device that meets one of the definitions in §§1005.20(a)(1) through (a)(3) (and is not otherwise excluded by §1005.20(b)), even if it is not issued in card form. Section 1005.20 applies, for example, to an account number or bar code that can be used to access underlying funds. Similarly, §1005.20 applies to a device with a chip or other embedded mechanism that links the device to stored funds, such as a mobile phone or sticker containing a contactless chip that enables the consumer to access the stored funds. A card, code, or other device that meets the definition in §§1005.20(a)(1) through (a)(3) includes an electronic promise (see comment 20(a)-2) as well as a promise that is not electronic. See, however, §1005.20(b)(5). In addition, §1005.20 applies if a merchant issues a code that entitles a consumer to redeem the code for goods or services, regardless of the medium in which the code is issued (see, however, §1005.20(b)(5)), and whether or not it may be redeemed electronically or in the merchant's store. Thus, for example, if a merchant emails a code that a consumer may redeem in a specified amount either online or in the merchant's store, that code is covered under §1005.20, unless one of the exclusions in §1005.20(b) apply. 2. Electronic promise. The term “electronic promise” as used in EFTA sections 915(a)(2)(B), (a)(2)(C), and (a)(2)(D) means a person's commitment or obligation communicated or stored in electronic form made to a consumer to provide payment for goods or services for transactions initiated by the consumer. The electronic promise is itself represented by a card, code or other device that is issued or honored by the person, reflecting the person's commitment or obligation to pay. For example, if a merchant issues a code that can be given as a gift and that entitles the recipient to redeem the code in an online transaction for goods or services, that code represents an electronic promise by the merchant and is a card, code, or other device covered by §1005.20. 3. Cards, codes, or other devices redeemable for specific goods or services. Certain cards, codes, or other devices may be redeemable upon presentation for a specific good or service, or “experience,” such as a spa treatment, hotel stay, or airline flight. In other cases, a card, code, or other device may entitle the consumer to a certain percentage off the purchase of a good or service, such as 20% off of any purchase in a store. Such cards, codes, or other devices generally are not subject to the requirements of this section because they are not issued to a consumer “in a specified amount” as required under the definitions of “gift certificate,” “store gift card,” or “general-use prepaid card.” However, if the card, code, or other device is issued in a specified or denominated amount that can be applied toward the purchase of a specific good or service, such as a certificate or card redeemable for a spa treatment up to $50, the card, code, or other device is subject to this section, unless one of the exceptions in §1005.20(b) apply. See, e.g., §1005.20(b)(3). Similarly, if the card, code, or other device states a specific monetary value, such as “a $50 value,” the card, code, or other device is subject to this section, unless an exclusion in §1005.20(b) applies. 4. Issued primarily for personal, family, or household purposes. Section 1005.20 only applies to cards, codes, or other devices that are sold or issued to a consumer primarily for personal, family, or household purposes. A card, code, or other device initially purchased by a business is subject to this section if the card, code, or other device is purchased for redistribution or resale to consumers primarily for personal, family, or household purposes. Moreover, the fact that a card, code, or other device may be primarily funded by a business, for example, in the case of certain rewards or incentive cards, does not mean the card, code, or other device is outside the scope of §1005.20, if the card, code, or other device will be provided to a consumer primarily for personal, family, or household purposes. But see §1005.20(b)(3). Whether a card, code, or other device is issued to a consumer primarily for personal, family, or household purposes will depend on the facts and circumstances. For example, if a program manager purchases store gift cards directly from an issuing merchant and sells those cards through the program manager's retail outlets, such gift cards are subject to the requirements of §1005.20 because the store gift cards are sold to consumers primarily for personal, family, or household purposes. In contrast, a card, code, or other device generally would not be issued to consumers primarily for personal, family, or household purposes, and therefore would fall outside the scope of §1005.20, if the purchaser of the card, code, or device is contractually prohibited from reselling or redistributing the card, code, or device to consumers primarily for personal, family, or household purposes, and reasonable policies and procedures are maintained to avoid such sale or distribution for such purposes. However, if an entity that has purchased cards, codes, or other devices for business purposes sells or distributes such cards, codes, or other devices to consumers primarily for personal, family, or household purposes, that entity does not comply with §1005.20 if it has not otherwise met the substantive and disclosure requirements of the rule or unless an exclusion in §1005.20(b) applies. 5. Examples of cards, codes, or other devices issued for business purposes. Examples of cards, codes, or other devices that are issued and used for business purposes and therefore excluded from the definitions of “gift certificate,” “store gift card,” or “general-use prepaid card” include: i. Cards, codes, or other devices to reimburse employees for travel or moving expenses. ii. Cards, codes, or other devices for employees to use to purchase office supplies and other business-related items. 20(a)(2) Store Gift Card 1. Relationship between “gift certificate” and “store gift card.” The term “store gift card” in §1005.20(a)(2) includes “gift certificate” as defined in §1005.20(a)(1). For example, a numeric or alphanumeric code representing a specified dollar amount or value that is electronically sent to a consumer as a gift which can be redeemed or exchanged by the recipient to obtain goods or services may be both a “gift certificate” and a “store gift card” if the specified amount or value cannot be increased. 2. Affiliated group of merchants. The term “affiliated group of merchants” means two or more affiliated merchants or other persons that are related by common ownership or common corporate control (see, e.g., 12 CFR 227.3(b) and 12 CFR 223.2) and that share the same name, mark, or logo. For example, the term includes franchisees that are subject to a common set of corporate policies or practices under the terms of their franchise licenses. The term also applies to two or more merchants or other persons that agree among themselves, by contract or otherwise, to redeem cards, codes, or other devices bearing the same name, mark, or logo (other than the mark, logo, or brand of a payment network), for the purchase of goods or services solely at such merchants or persons. For example, assume a movie theatre chain and a restaurant chain jointly agree to issue cards that share the same “Flix and Food” logo that can be redeemed solely towards the purchase of movie tickets or concessions at any of the participating movie theatres, or towards the purchase of food or beverages at any of the participating restaurants. For purposes of §1005.20, the movie theatre chain and the restaurant chain would be considered to be an affiliated group of merchants, and the cards are considered to be “store gift cards.” However, merchants or other persons are not considered to be affiliated merely because they agree to accept a card that bears the mark, logo, or brand of a payment network. 3. Mall gift cards. See comment 20(a)(3)-2. 20(a)(3) General-Use Prepaid Card 1. Redeemable upon presentation at multiple, unaffiliated merchants. A card, code, or other device is redeemable upon presentation at multiple, unaffiliated merchants if, for example, such merchants agree to honor the card, code, or device if it bears the mark, logo, or brand of a payment network, pursuant to the rules of the payment network. 2. Mall gift cards. Mall gift cards that are intended to be used or redeemed for goods or services at participating retailers within a shopping mall may be considered store gift cards or general-use prepaid cards depending on the merchants with which the cards may be redeemed. For example, if a mall card may only be redeemed at merchants within the mall itself, the card is more likely to be redeemable at an affiliated group of merchants and considered a store gift card. However, certain mall cards also carry the brand of a payment network and can be used at any retailer that accepts that card brand, including retailers located outside of the mall. Such cards are considered general-use prepaid cards. 20(a)(4) Loyalty, Award, or Promotional Gift Card 1. Examples of loyalty, award, or promotional programs. Examples of loyalty, award, or promotional programs under §1005.20(a)(4) include, but are not limited to: i. Consumer retention programs operated or administered by a merchant or other person that provide to consumers cards or coupons redeemable for or towards goods or services or other monetary value as a reward for purchases made or for visits to the participating merchant. ii. Sales promotions operated or administered by a merchant or product manufacturer that provide coupons or discounts redeemable for or towards goods or services or other monetary value. iii. Rebate programs operated or administered by a merchant or product manufacturer that provide cards redeemable for or towards goods or services or other monetary value to consumers in connection with the consumer's purchase of a product or service and the consumer's completion of the rebate submission process. iv. Sweepstakes or contests that distribute cards redeemable for or towards goods or services or other monetary value to consumers as an invitation to enter into the promotion for a chance to win a prize. v. Referral programs that provide cards redeemable for or towards goods or services or other monetary value to consumers in exchange for referring other potential consumers to a merchant. vi. Incentive programs through which an employer provides cards redeemable for or towards goods or services or other monetary value to employees, for example, to recognize job performance, such as increased sales, or to encourage employee wellness and safety. vii. Charitable or community relations programs through which a company provides cards redeemable for or towards goods or services or other monetary value to a charity or community group for their fundraising purposes, for example, as a reward for a donation or as a prize in a charitable event. 2. Issued for loyalty, award, or promotional purposes. To indicate that a card, code, or other device is issued for loyalty, award, or promotional purposes as required by §1005.20(a)(4)(iii), it is sufficient for the card, code, or other device to state on the front, for example, “Reward” or “Promotional.” 3. Reference to toll-free number and Web site. If a card, code, or other device issued in connection with a loyalty, award, or promotional program does not have any fees, the disclosure under §1005.20(a)(4)(iii)(D) is not required on the card, code, or other device. 20(a)(6) Service Fee 1. Service fees. Under §1005.20(a)(6), a service fee includes a periodic fee for holding or use of a gift certificate, store gift card, or general-use prepaid card. A periodic fee includes any fee that may be imposed on a gift certificate, store gift card, or general-use prepaid card from time to time for holding or using the certificate or card, such as a monthly maintenance fee, a transaction fee, an ATM fee, a reload fee, a foreign currency transaction fee, or a balance inquiry fee, whether or not the fee is waived for a certain period of time or is only imposed after a certain period of time. A service fee does not include a one-time fee or a fee that is unlikely to be imposed more than once while the underlying funds are still valid, such as an initial issuance fee, a cash-out fee, a supplemental card fee, or a lost or stolen certificate or card replacement fee. 20(a)(7) Activity 1. Activity. Under §1005.20(a)(7), any action that results in an increase or decrease of the funds underlying a gift certificate, store gift card, or general-use prepaid card, other than the imposition of a fee, or an adjustment due to an error or a reversal of a prior transaction, constitutes activity for purposes of §1005.20. For example, the purchase and activation of a certificate or card, the use of the certificate or card to purchase a good or service, or the reloading of funds onto a store gift card or general-use prepaid card constitutes activity. However, the imposition of a fee, the replacement of an expired, lost, or stolen certificate or card, and a balance inquiry do not constitute activity. In addition, if a consumer attempts to engage in a transaction with a gift certificate, store gift card, or general-use prepaid card, but the transaction cannot be completed due to technical or other reasons, such attempt does not constitute activity. Furthermore, if the funds underlying a gift certificate, store gift card, or general-use prepaid card are adjusted because there was an error or the consumer has returned a previously purchased good, the adjustment also does not constitute activity with respect to the certificate or card. 20(b) Exclusions 1. Application of exclusion. A card, code, or other device is excluded from the definition of “gift certificate,” “store gift card,” or “general-use prepaid card” if it meets any of the exclusions in §1005.20(b). An excluded card, code, or other device generally is not subject to any of the requirements of this section. See, however, §1005.20(a)(4)(iii), requiring certain disclosures for loyalty, award, or promotional gift cards. 2. Eligibility for multiple exclusions. A card, code, or other device may qualify for one or more exclusions. For example, a corporation may give its employees a gift card that is marketed solely to businesses for incentive-related purposes, such as to reward job performance or promote employee safety. In this case, the card may qualify for the exclusion for loyalty, award, or promotional gift cards under §1005.20(b)(3), or for the exclusion for cards, codes, or other devices not marketed to the general public under §1005.20(b)(4). In addition, as long as any one of the exclusions applies, a card, code, or other device is not covered by §1005.20, even if other exclusions do not apply. In the above example, the corporation may give its employees a type of gift card that can also be purchased by a consumer directly from a merchant. Under these circumstances, while the card does not qualify for the exclusion for cards, codes, or other devices not marketed to the general public under §1005.20(b)(4) because the card can also be obtained through retail channels, it is nevertheless exempt from the substantive requirements of §1005.20 because it is a loyalty, award, or promotional gift card. See, however, §1005.20(a)(4)(iii), requiring certain disclosures for loyalty, award, or promotional gift cards. Similarly, a person may market a reloadable card to teenagers for occasional expenses that enables parents to monitor spending. Although the card does not qualify for the exclusion for cards, codes, or other devices not marketed to the general public under §1005.20(b)(4), it may nevertheless be exempt from the requirements of §1005.20 under §1005.20(b)(2) if it is reloadable and not marketed or labeled as a gift card or gift certificate. Paragraph 20(b)(1) 1. Examples of excluded products. The exclusion for products usable solely for telephone services applies to prepaid cards for long-distance telephone service, prepaid cards for wireless telephone service and prepaid cards for other services that function similar to telephone services, such as prepaid cards for voice over Internet protocol (VoIP) access time. 1. Reloadable. A card, code, or other device is “reloadable” if the terms and conditions of the agreement permit funds to be added to the card, code, or other device after the initial purchase or issuance. A card, code, or other device is not “reloadable” merely because the issuer or processor is technically able to add functionality that would otherwise enable the card, code, or other device to be reloaded. 2. Marketed or labeled as a gift card or gift certificate. The term “marketed or labeled as a gift card or gift certificate” means directly or indirectly offering, advertising, or otherwise suggesting the potential use of a card, code or other device, as a gift for another person. Whether the exclusion applies generally does not depend on the type of entity that makes the promotional message. For example, a card may be marketed or labeled as a gift card or gift certificate if anyone (other than the purchaser of the card), including the issuer, the retailer, the program manager that may distribute the card, or the payment network on which a card is used, promotes the use of the card as a gift card or gift certificate. A card, code, or other device, including a general-purpose reloadable card, is marketed or labeled as a gift card or gift certificate even if it is only occasionally marketed as a gift card or gift certificate. For example, a network-branded general purpose reloadable card would be marketed or labeled as a gift card or gift certificate if the issuer principally advertises the card as a less costly alternative to a bank account but promotes the card in a television, radio, newspaper, or Internet advertisement, or on signage as “the perfect gift” during the holiday season. However, the mere mention of the availability of gift cards or gift certificates in an advertisement or on a sign that also indicates the availability of other excluded prepaid cards does not by itself cause the excluded prepaid cards to be marketed as a gift card or a gift certificate. For example, the posting of a sign in a store that refers to the availability of gift cards does not by itself constitute the marketing of otherwise excluded prepaid cards that may also be sold in the store as gift cards or gift certificates, provided that a consumer acting reasonably under the circumstances would not be led to believe that the sign applies to all prepaid cards sold in the store. See, however, comment 20(b)(2)-4.ii. 3. Examples of marketed or labeled as a gift card or gift certificate. i. Examples of marketed or labeled as a gift card or gift certificate include: A. Using the word “gift” or “present” on a card, certificate, or accompanying material, including documentation, packaging and promotional displays. B. Representing or suggesting that a certificate or card can be given to another person, for example, as a “token of appreciation” or a “stocking stuffer,” or displaying a congratulatory message on the card, certificate or accompanying material. C. Incorporating gift-giving or celebratory imagery or motifs, such as a bow, ribbon, wrapped present, candle, or congratulatory message, on a card, certificate, accompanying documentation, or promotional material. ii. The term does not include: A. Representing that a card or certificate can be used as a substitute for a checking, savings, or deposit account. B. Representing that a card or certificate can be used to pay for a consumer's health-related expenses—for example, a card tied to a health savings account. C. Representing that a card or certificate can be used as a substitute for traveler's checks or cash. D. Representing that a card or certificate can be used as a budgetary tool, for example, by teenagers, or to cover emergency expenses. 4. Reasonable policies and procedures to avoid marketing as a gift card. The exclusion for a card, code, or other device that is reloadable and not marketed or labeled as a gift card or gift certificate in §1005.20(b)(2) applies if a reloadable card, code, or other device is not marketed or labeled as a gift card or gift certificate and if persons subject to the rule, including issuers, program managers, and retailers, maintain policies and procedures reasonably designed to avoid such marketing. Such policies and procedures may include contractual provisions prohibiting a reloadable card, code, or other device from being marketed or labeled as a gift card or gift certificate, merchandising guidelines or plans regarding how the product must be displayed in a retail outlet, and controls to regularly monitor or otherwise verify that the card, code or other device is not being marketed as a gift card. Whether a reloadable card, code, or other device has been marketed as a gift card or gift certificate will depend on the facts and circumstances, including whether a reasonable consumer would be led to believe that the card, code, or other device is a gift card or gift certificate. The following examples illustrate the application of §1005.20(b)(2): i. An issuer or program manager of prepaid cards agrees to sell general-purpose reloadable cards through a retailer. The contract between the issuer or program manager and the retailer establishes the terms and conditions under which the cards may be sold and marketed at the retailer. The terms and conditions prohibit the general-purpose reloadable cards from being marketed as a gift card or gift certificate, and require policies and procedures to regularly monitor or otherwise verify that the cards are not being marketed as such. The issuer or program manager sets up one promotional display at the retailer for gift cards and another physically separated display for excluded products under §1005.20(b), including general-purpose reloadable cards and wireless telephone cards, such that a reasonable consumer would not believe that the excluded cards are gift cards. The exclusion in §1005.20(b)(2) applies because policies and procedures reasonably designed to avoid the marketing of the general-purpose reloadable cards as gift cards or gift certificates are maintained, even if a retail clerk inadvertently stocks or a consumer inadvertently places a general-purpose reloadable card on the gift card display. ii. Same facts as in i., except that the issuer or program manager sets up a single promotional display at the retailer on which a variety of prepaid cards are sold, including store gift cards and general-purpose reloadable cards. A sign stating “Gift Cards” appears prominently at the top of the display. The exclusion in §1005.20(b)(2) does not apply with respect to the general-purpose reloadable cards because policies and procedures reasonably designed to avoid the marketing of excluded cards as gift cards or gift certificates are not maintained. iii. Same facts as in i., except that the issuer or program manager sets up a single promotional multi-sided display at the retailer on which a variety of prepaid card products, including store gift cards and general-purpose reloadable cards are sold. Gift cards are segregated from excluded cards, with gift cards on one side of the display and excluded cards on a different side of a display. Signs of equal prominence at the top of each side of the display clearly differentiate between gift cards and the other types of prepaid cards that are available for sale. The retailer does not use any more conspicuous signage suggesting the general availability of gift cards, such as a large sign stating “Gift Cards” at the top of the display or located near the display. The exclusion in §1005.20(b)(2) applies because policies and procedures reasonably designed to avoid the marketing of the general-purpose reloadable cards as gift cards or gift certificates are maintained, even if a retail clerk inadvertently stocks or a consumer inadvertently places a general-purpose reloadable card on the gift card display. iv. Same facts as in i., except that the retailer sells a variety of prepaid card products, including store gift cards and general-purpose reloadable cards, arranged side-by-side in the same checkout lane. The retailer does not affirmatively indicate or represent that gift cards are available, such as by displaying any signage or other indicia at the checkout lane suggesting the general availability of gift cards. The exclusion in §1005.20(b)(2) applies because policies and procedures reasonably designed to avoid marketing the general-purpose reloadable cards as gift cards or gift certificates are maintained. 5. Online sales of prepaid cards. Some Web sites may prominently advertise or promote the availability of gift cards or gift certificates in a manner that suggests to a consumer that the Web site exclusively sells gift cards or gift certificates. For example, a Web site may display a banner advertisement or a graphic on the home page that prominently states “Gift Cards,” “Gift Giving,” or similar language without mention of other available products, or use a web address that includes only a reference to gift cards or gift certificates in the address. In such a case, a consumer acting reasonably under the circumstances could be led to believe that all prepaid products sold on the Web site are gift cards or gift certificates. Under these facts, the Web site has marketed all such products, including general-purpose reloadable cards, as gift cards or gift certificates, and the exclusion in §1005.20(b)(2) does not apply. 6. Temporary non-reloadable cards issued in connection with a general-purpose reloadable card. Certain general-purpose reloadable cards that are typically marketed as an account substitute initially may be sold or issued in the form of a temporary non-reloadable card. After the card is purchased, the cardholder is typically required to call the issuer to register the card and to provide identifying information in order to obtain a reloadable replacement card. In most cases, the temporary non-reloadable card can be used for purchases until the replacement reloadable card arrives and is activated by the cardholder. Because the temporary non-reloadable card may only be obtained in connection with the general-purpose reloadable card, the exclusion in §1005.20(b)(2) applies so long as the card is not marketed as a gift card or gift certificate. 1. Marketed to the general public. A card, code, or other device is marketed to the general public if the potential use of the card, code, or other device is directly or indirectly offered, advertised, or otherwise promoted to the general public. A card, code, or other device may be marketed to the general public through any advertising medium, including television, radio, newspaper, the Internet, or signage. However, the posting of a company policy that funds may be disbursed by prepaid card (such as a sign posted at a cash register or customer service center stating that store credit will be issued by prepaid card) does not constitute the marketing of a card, code, or other device to the general public. In addition, the method of distribution by itself is not dispositive in determining whether a card, code, or other device is marketed to the general public. Factors that may be considered in determining whether the exclusion applies to a particular card, code, or other device include the means or channel through which the card, code, or device may be obtained by a consumer, the subset of consumers that are eligible to obtain the card, code, or device, and whether the availability of the card, code, or device is advertised or otherwise promoted in the marketplace. 2. Examples. The following examples illustrate the application of the exclusion in §1005.20(b)(4): i. A merchant sells its gift cards at a discount to a business which may give them to employees or loyal consumers as incentives or rewards. In determining whether the gift card falls within the exclusion in §1005.20(b)(4), the merchant must consider whether the card is of a type that is advertised or made available to consumers generally or can be obtained elsewhere. If the card can also be purchased through retail channels, the exclusion in §1005.20(b)(4) does not apply, even if the consumer obtained the card from the business as an incentive or reward. See, however, §1005.20(b)(3). ii. A national retail chain decides to market its gift cards only to members of its frequent buyer program. Similarly, a bank may decide to sell gift cards only to its customers. If a member of the general public may become a member of the program or a customer of the bank, the card does not fall within the exclusion in §1005.20(b)(4) because the general public has the ability to obtain the cards. See, however, §1005.20(b)(3). iii. A card issuer advertises a reloadable card to teenagers and their parents promoting the card for use by teenagers for occasional expenses, schoolbooks and emergencies and by parents to monitor spending. Because the card is marketed to and may be sold to any member of the general public, the exclusion in §1005.20(b)(4) does not apply. See, however, §1005.20(b)(2). iv. An insurance company settles a policyholder's claim and distributes the insurance proceeds to the consumer by means of a prepaid card. Because the prepaid card is simply the means for providing the insurance proceeds to the consumer and the availability of the card is not advertised to the general public, the exclusion in §1005.20(b)(4) applies. v. A merchant provides store credit to a consumer following a merchandise return by issuing a prepaid card that clearly indicates that the card contains funds for store credit. Because the prepaid card is issued for the stated purpose of providing store credit to the consumer and the ability to receive refunds by a prepaid card is not advertised to the general public, the exclusion in §1005.20(b)(4) applies. vi. A tax preparation company elects to distribute tax refunds to its clients by issuing prepaid cards, but does not advertise or otherwise promote the ability to receive proceeds in this manner. Because the prepaid card is simply the mechanism for providing the tax refund to the consumer, and the tax preparer does not advertise the ability to obtain tax refunds by a prepaid card, the exclusion in §1005.20(b)(4) applies. However, if the tax preparer promotes the ability to receive tax refund proceeds through a prepaid card as a way to obtain “faster” access to the proceeds, the exclusion in §1005.20(b)(4) does not apply. 1. Exclusion explained. To qualify for the exclusion in §1005.20(b)(5), the sole means of issuing the card, code, or other device must be in a paper form. Thus, the exclusion generally applies to certificates issued in paper form where solely the paper itself may be used to purchase goods or services. A card, code or other device is not issued solely in paper form simply because it may be reproduced or printed on paper. For example, a bar code, card or certificate number, or certificate or coupon electronically provided to a consumer and redeemable for goods and services is not issued in paper form, even if it may be reproduced or otherwise printed on paper by the consumer. In this circumstance, although the consumer might hold a paper facsimile of the card, code, or other device, the exclusion does not apply because the information necessary to redeem the value was initially issued in electronic form. A paper certificate is within the exclusion regardless of whether it may be redeemed electronically. For example, a paper certificate or receipt that bears a bar code, code, or account number falls within the exclusion in §1005.20(b)(5) if the bar code, code, or account number is not issued in any form other than on the paper. In addition, the exclusion in §1005.20(b)(5) continues to apply in circumstances where an issuer replaces a gift certificate that was initially issued in paper form with a card or electronic code (for example, to replace a lost paper certificate). i. A merchant issues a paper gift certificate that entitles the bearer to a specified dollar amount that can be applied towards a future meal. The merchant fills in the certificate with the name of the certificate holder and the amount of the certificate. The certificate falls within the exclusion in §1005.20(b)(5) because it is issued in paper form only. ii. A merchant allows a consumer to prepay for a good or service, such as a car wash or time at a parking meter, and issues a paper receipt bearing a numerical or bar code that the consumer may redeem to obtain the good or service. The exclusion in §1005.20(b)(5) applies because the code is issued in paper form only. iii. A merchant issues a paper certificate or receipt bearing a bar code or certificate number that can later be scanned or entered into the merchant's system and redeemed by the certificate or receipt holder towards the purchase of goods or services. The bar code or certificate number is not issued by the merchant in any form other than paper. The exclusion in §1005.20(b)(5) applies because the bar code or certificate number is issued in paper form only. iv. An online merchant electronically provides a bar code, card or certificate number, or certificate or coupon to a consumer that the consumer may print on a home printer and later redeem towards the purchase of goods or services. The exclusion in §1005.20(b)(5) does not apply because the bar code or card or certificate number was issued to the consumer in electronic form, even though it can be reproduced or otherwise printed on paper by the consumer. 1. Exclusion explained. The exclusion for cards, codes, or other devices that are redeemable solely for admission to events or venues at a particular location or group of affiliated locations generally applies to cards, codes, or other devices that are not redeemed for a specified monetary value, but rather solely for admission or entry to an event or venue. The exclusion also covers a card, code, or other device that is usable to purchase goods or services in addition to entry into the event or the venue, either at the event or venue or at an affiliated location or location in geographic proximity to the event or venue. i. A consumer purchases a prepaid card that entitles the holder to a ticket for entry to an amusement park. The prepaid card may only be used for entry to the park. The card qualifies for the exclusion in §1005.20(b)(6) because it is redeemable for admission or entry and for goods or services in conjunction with that admission. In addition, if the prepaid card does not have a monetary value, and therefore is not “issued in a specified amount,” the card does not meet the definitions of “gift certificate,” “store gift card,” or “general-use prepaid card” in §1005.20(a). See comment 20(a)-3. ii. Same facts as in i., except that the gift card also entitles the holder of the gift card to a dollar amount that can be applied towards the purchase of food and beverages or goods or services at the park or at nearby affiliated locations. The card qualifies for the exclusion in §1005.20(b)(6) because it is redeemable for admission or entry and for goods or services in conjunction with that admission. iii. A consumer purchases a $25 gift card that the holder of the gift card can use to make purchases at a merchant, or, alternatively, can apply towards the cost of admission to the merchant's affiliated amusement park. The card is not eligible for the exclusion in §1005.20(b)(6) because it is not redeemable solely for the admission or ticket itself (or for goods and services purchased in conjunction with such admission). The card meets the definition of “store gift card” and is therefore subject to §1005.20, unless a different exclusion applies. 20(c) Form of Disclosures 20(c)(1) Clear and Conspicuous 1. Clear and conspicuous standard. All disclosures required by this section must be clear and conspicuous. Disclosures are clear and conspicuous for purposes of this section if they are readily understandable and, in the case of written and electronic disclosures, the location and type size are readily noticeable to consumers. Disclosures need not be located on the front of the certificate or card, except where otherwise required, to be considered clear and conspicuous. Disclosures are clear and conspicuous for the purposes of this section if they are in a print that contrasts with and is otherwise not obstructed by the background on which they are printed. For example, disclosures on a card or computer screen are not likely to be conspicuous if obscured by a logo printed in the background. Similarly, disclosures on the back of a card that are printed on top of indentations from embossed type on the front of the card are not likely to be conspicuous if the indentations obstruct the readability of the disclosures. To the extent permitted, oral disclosures meet the standard when they are given at a volume and speed sufficient for a consumer to hear and comprehend them. 2. Abbreviations and symbols. Disclosures may contain commonly accepted or readily understandable abbreviations or symbols, such as “mo.” for month or a “/” to indicate “per.” Under the clear and conspicuous standard, it is sufficient to state, for example, that a particular fee is charged “$2.50/mo. after 12 mos.” 20(c)(2) Format 1. Electronic disclosures. Disclosures provided electronically pursuant to this section are not subject to compliance with the consumer consent and other applicable provisions of the Electronic Signatures in Global and National Commerce Act (E-Sign Act) (15 U.S.C. 7001 et seq.). Electronic disclosures must be in a retainable form. For example, a person may satisfy the requirement if it provides an online disclosure in a format that is capable of being printed. Electronic disclosures may not be provided through a hyperlink or in another manner by which the purchaser can bypass the disclosure. A person is not required to confirm that the consumer has read the electronic disclosures. 20(c)(3) Disclosure Prior to Purchase 1. Method of purchase. The disclosures required by this paragraph must be provided before a certificate or card is purchased regardless of whether the certificate or card is purchased in person, online, by telephone, or by other means. 2. Electronic disclosures. Section 1005.20(c)(3) provides that the disclosures required by this section must be provided to the consumer prior to purchase. For certificates or cards purchased electronically, disclosures made to the consumer after a consumer has initiated an online purchase of a certificate or card, but prior to completing the purchase of the certificate or card, would satisfy the prior-to-purchase requirement. However, electronic disclosures made available on a person's Web site that may or may not be accessed by the consumer are not provided to the consumer and therefore would not satisfy the prior-to-purchase requirement. 3. Non-physical certificates and cards. If no physical certificate or card is issued, the disclosures must be provided to the consumer before the certificate or card is purchased. For example, where a gift certificate or card is a code that is provided by telephone, the required disclosures may be provided orally prior to purchase. See also §1005.20(c)(2). 20(c)(4) Disclosures on the Certificate or Card 1. Non-physical certificates and cards. If no physical certificate or card is issued, the disclosures required by this paragraph must be disclosed on the code, confirmation, or other written or electronic document provided to the consumer. For example, where a gift certificate or card is a code or confirmation that is provided to a consumer online or sent to a consumer's email address, the required disclosures may be provided electronically on the same document as the code or confirmation.2. No disclosures on a certificate or card. Disclosures required by §1005.20(c)(4) need not be made on a certificate or card if it is accompanied by a certificate or card that complies with this section. For example, a person may issue or sell a supplemental gift card that is smaller than a standard size and that does not bear the applicable disclosures if it is accompanied by a fully compliant certificate or card. See also comment 20(c)(2)-2. 20(d) Prohibition on Imposition of Fees or Charges 1. One-year period. Section 1005.20(d) provides that a person may impose a dormancy, inactivity, or service fee only if there has been no activity with respect to a certificate or card for one year. The following examples illustrate this rule: i. A certificate or card is purchased on January 15 of year one. If there has been no activity on the certificate or card since the certificate or card was purchased, a dormancy, inactivity, or service fee may be imposed on the certificate or card on January 15 of year two. ii. Same facts as i., and a fee was imposed on January 15 of year two. Because no more than one dormancy, inactivity, or service fee may be imposed in any given calendar month, the earliest date that another dormancy, inactivity, or service fee may be imposed, assuming there continues to be no activity on the certificate or card, is February 1 of year two. A dormancy, inactivity, or service fee is permitted to be imposed on February 1 of year two because there has been no activity on the certificate or card for the preceding year (February 1 of year one through January 31 of year two), and February is a new calendar month. The imposition of a fee on January 15 of year two is not activity for purposes of §1005.20(d). See comment 20(a)(7)-1. iii. Same facts as i., and a fee was imposed on January 15 of year two. On January 31 of year two, the consumer uses the card to make a purchase. Another dormancy, inactivity, or service fee could not be imposed until January 31 of year three, assuming there has been no activity on the certificate or card since January 31 of year two. 2. Relationship between §§1005.20(d)(2) and (c)(3). Sections 1005.20(d)(2) and (c)(3) contain similar, but not identical, disclosure requirements. Section 1005.20(d)(2) requires the disclosure of dormancy, inactivity, and service fees on a certificate or card. Section 1005.20(c)(3) requires that vendor person that issues or sells such certificate or card disclose to a consumer any dormancy, inactivity, and service fees associated with the certificate or card before such certificate or card may be purchased. Depending on the context, a single disclosure that meets the clear and conspicuous requirements of both §§1005.20(d)(2) and (c)(3) may be used to disclose a dormancy, inactivity, or service fee. For example, if the disclosures on a certificate or card, required by §1005.20(d)(2), are visible to the consumer without having to remove packaging or other materials sold with the certificate or card, for a purchase made in person, the disclosures also meet the requirements of §1005.20(c)(3). Otherwise, a dormancy, inactivity, or service fee may need to be disclosed multiple times to satisfy the requirements of §§1005.20(d)(2) and (c)(3). For example, if the disclosures on a certificate or card, required by §1005.20(d)(2), are obstructed by packaging sold with the certificate or card, for a purchase made in person, they also must be disclosed on the packaging sold with the certificate or card to meet the requirements of §1005.20(c)(3). 3. Relationship between §§1005.20(d)(2), (e)(3), and (f)(2). In addition to any disclosures required under §1005.20(d)(2), any applicable disclosures under §§1005.20(e)(3) and (f)(2) of this section must also be provided on the certificate or card. 4. One fee per month. Under §1005.20(d)(3), no more than one dormancy, inactivity, or service fee may be imposed in any given calendar month. For example, if a dormancy fee is imposed on January 1, following a year of inactivity, and a consumer makes a balance inquiry on January 15, a balance inquiry fee may not be imposed at that time because a dormancy fee was already imposed earlier that month and a balance inquiry fee is a type of service fee. If, however, the dormancy fee could be imposed on January 1, following a year of inactivity, and the consumer makes a balance inquiry on the same date, the person assessing the fees may choose whether to impose the dormancy fee or the balance inquiry fee on January 1. The restriction in §1005.20(d)(3) does not apply to any fee that is not a dormancy, inactivity, or service fee. For example, assume a service fee is imposed on a general-use prepaid card on January 1, following a year of inactivity. If a consumer cashes out the remaining funds by check on January 15, a cash-out fee, to the extent such cash-out fee is permitted under §1005.20(e)(4), may be imposed at that time because a cash-out fee is not a dormancy, inactivity, or service fee. 5. Accumulation of fees. Section 1005.20(d) prohibits the accumulation of dormancy, inactivity, or service fees for previous periods into a single fee because such a practice would circumvent the limitation in §1005.20(d)(3) that only one fee may be charged per month. For example, if a consumer purchases and activates a store gift card on January 1 but never uses the card, a monthly maintenance fee of $2.00 a month may not be accumulated such that a fee of $24 is imposed on January 1 the following year. 20(e) Prohibition on Sale of Gift Certificates or Cards With Expiration Dates 1. Reasonable opportunity. Under §1005.20(e)(1), no person may sell or issue a gift certificate, store gift card, or general-use prepaid card with an expiration date, unless there are policies and procedures in place to provide consumers with a reasonable opportunity to purchase a certificate or card with at least five years remaining until the certificate or card expiration date. Consumers are deemed to have a reasonable opportunity to purchase a certificate or card with at least five years remaining until the certificate or card expiration date if: i. There are policies and procedures established to prevent the sale of a certificate or card unless the certificate or card expiration date is at least five years after the date the certificate or card was sold or initially issued to a consumer; or ii. A certificate or card is available to consumers to purchase five years and six months before the certificate or card expiration date. 2. Applicability to replacement certificates or cards. Section 1005.20(e)(1) applies solely to the purchase of a certificate or card. Therefore, §1005.20(e)(1) does not apply to the replacement of such certificates or cards. Certificates or cards issued as a replacement may bear a certificate or card expiration date of less than five years from the date of issuance of the replacement certificate or card. If the certificate or card expiration date for a replacement certificate or card is later than the date set forth in §1005.20(e)(2)(i), then pursuant to §1005.20(e)(2), the expiration date for the underlying funds at the time the replacement certificate or card is issued must be no earlier than the expiration date for the replacement certificate or card. For purposes of §1005.20(e)(2), funds are not considered to be loaded to a store gift card or general-use prepaid card solely because a replacement card has been issued or activated for use. 3. Disclosure of funds expiration—date not required. Section 1005.20(e)(3)(i) does not require disclosure of the precise date the funds will expire. It is sufficient to disclose, for example, “Funds expire 5 years from the date funds last loaded to the card.”; “Funds can be used 5 years from the date money was last added to the card.”; or “Funds do not expire.” 4. Disclosure not required if no expiration date. If the certificate or card and underlying funds do not expire, the disclosure required by §1005.20(e)(3)(i) need not be stated on the certificate or card. If the certificate or card and underlying funds expire at the same time, only one expiration date need be disclosed on the certificate or card. 5. Reference to toll-free telephone number and Web site. If a certificate or card does not expire, or if the underlying funds are not available after the certificate or card expires, the disclosure required by §1005.20(e)(3)(ii) need not be stated on the certificate or card. See, however, §1005.20(f)(2). 6. Relationship to §226.20(f)(2). The same toll-free telephone number and Web site may be used to comply with §§226.20(e)(3)(ii) and (f)(2). Neither a toll-free number nor a Web site must be maintained or disclosed if no fees are imposed in connection with a certificate or card, and the certificate or card and the underlying funds do not expire. 7. Distinguishing between certificate or card expiration and funds expiration. If applicable, a disclosure must be made on the certificate or card that notifies a consumer that the certificate or card expires, but the funds either do not expire or expire later than the certificate or card, and that the consumer may contact the issuer for a replacement card. The disclosure must be made with equal prominence and in close proximity to the certificate or card expiration date. The close proximity requirement does not apply to oral disclosures. In the case of a certificate or card, close proximity means that the disclosure must be on the same side as the certificate or card expiration date. For example, if the disclosure is the same type size and is located immediately next to or directly above or below the certificate or card expiration date, without any intervening text or graphical displays, the disclosures would be deemed to be equally prominent and in close proximity. The disclosure need not be embossed on the certificate or card to be deemed equally prominent, even if the expiration date is embossed on the certificate or card. The disclosure may state on the front of the card, for example, “Funds expire after card. Call for replacement card.” or “Funds do not expire. Call for new card after 09/2016.” Disclosures made pursuant to §1005.20(e)(3)(iii)(A) may also fulfill the requirements of §1005.20(e)(3)(i). For example, making a disclosure that “Funds do not expire” to comply with §1005.20(e)(3)(iii)(A) also fulfills the requirements of §1005.20(e)(3)(i). 8. Expiration date safe harbor. A non-reloadable certificate or card that bears an expiration date that is at least seven years from the date of manufacture need not state the disclosure required by §1005.20(e)(3)(iii). However, §1005.20(e)(1) still prohibits the sale or issuance of such certificate or card unless there are policies and procedures in place to provide a consumer with a reasonable opportunity to purchase the certificate or card with at least five years remaining until the certificate or card expiration date. In addition, under §1005.20(e)(2), the funds may not expire before the certificate or card expiration date, even if the expiration date of the certificate or card bears an expiration date that is more than five years from the date of purchase. For purposes of this safe harbor, the date of manufacture is the date on which the certificate or card expiration date is printed on the certificate or card. 9. Relationship between §§1005.20(d)(2), (e)(3), and (f)(2). In addition to any disclosures required to be made under §1005.20(e)(3), any applicable disclosures under §§1005.20(d)(2) and (f)(2) must also be provided on the certificate or card. 10. Replacement or remaining balance of an expired certificate or card. When a certificate or card expires, but the underlying funds have not expired, an issuer, at its option in accordance with applicable state law, may provide either a replacement certificate or card or otherwise provide the certificate or card holder, for example, by check, with the remaining balance on the certificate or card. In either case, the issuer may not charge a fee for the service. 11. Replacement of a lost or stolen certificate or card not required. Section 1005.20(e)(4) does not require the replacement of a certificate or card that has been lost or stolen. 12. Date of issuance or loading. For purposes of §1005.20(e)(2)(i), a certificate or card is not issued or loaded with funds until the certificate or card is activated for use. 13. Application of expiration date provisions after redemption of certificate or card. The requirement that funds underlying a certificate or card must not expire for at least five years from the date of issuance or date of last load ceases to apply once the certificate or card has been fully redeemed, even if the underlying funds are not used to contemporaneously purchase a specific good or service. For example, some certificates or cards can be used to purchase music, media, or virtual goods. Once redeemed by a consumer, the entire balance on the certificate or card is debited from the certificate or card and credited or transferred to another “account” established by the merchant of such goods or services. The consumer can then make purchases of songs, media, or virtual goods from the merchant using that “account” either at the time the value is transferred from the certificate or card or at a later time. Under these circumstances, once the card has been fully redeemed and the “account” credited with the amount of the underlying funds, the five-year minimum expiration term no longer applies to the underlying funds. However, if the consumer only partially redeems the value of the certificate or card, the five-year minimum expiration term requirement continues to apply to the funds remaining on the certificate or card. 20(f) Additional Disclosure Requirements for Gift Certificates or Cards 1. Reference to toll-free telephone number and Web site. If a certificate or card does not have any fees, the disclosure under §1005.20(f)(2) is not required on the certificate or card. See, however, §1005.20(e)(3)(ii). 2. Relationship to §226.20(e)(3)(ii). The same toll-free telephone number and Web site may be used to comply with §§226.20(e)(3)(ii) and (f)(2). Neither a toll-free number nor a Web site must be maintained or disclosed if no fees are imposed in connection with a certificate or card, and both the certificate or card and underlying funds do not expire. 3. Relationship between §§1005.20(d)(2), (e)(3), and (f)(2). In addition to any disclosures required pursuant to §1005.20(f)(2), any applicable disclosures under §§1005.20(d)(2) and (e)(3) must also be provided on the certificate or card. 20(g) Compliance Dates 1. Period of eligibility for loyalty, award, or promotional programs. For purposes of §1005.20(g)(2), the period of eligibility is the time period during which a consumer must engage in a certain action or actions to meet the terms of eligibility for a loyalty, award, or promotional program and obtain the card, code, or other device. Under §1005.20(g)(2), a gift card issued pursuant to a loyalty, award, or promotional program that began prior to August 22, 2010 need not state the disclosures in §1005.20(a)(4)(iii) regardless of whether the consumer became eligible to receive the gift card prior to August 22, 2010, or after that date. For example, a product manufacturer may provide a $20 rebate card to a consumer if the consumer purchases a particular product and submits a fully completed entry between January 1, 2010 and December 31, 2010. Similarly, a merchant may provide a $20 gift card to a consumer if the consumer makes $200 worth of qualifying purchases between June 1, 2010 and October 30, 2010. Under both examples, gift cards provided pursuant to these loyalty, award, or promotional programs need not state the disclosures in §1005.20(a)(4)(iii) to qualify for the exclusion in §1005.20(b)(3) for loyalty, award, or promotional gift cards because the period of eligibility for each program began prior to August 22, 2010. 20(h) Temporary Exemption 20(h)(1) Delayed Effective Date 1. Application to certificates or cards produced prior to April 1, 2010. Certificates or cards produced prior to April 1, 2010 may be sold to a consumer on or after August 22, 2010 without satisfying the requirements of §§1005.20(c)(3), (d)(2), (e)(1), (e)(3), and (f) through January 30, 2011, provided that issuers of such certificates or cards comply with the additional substantive and disclosure requirements of §§1005.20(h)(1)(i) through (iv). Issuers of certificates or cards produced prior to April 1, 2010 need not satisfy these additional requirements if the certificates or cards fully comply with the rule (§§1005.20(a) through (f)). For example, the in-store signage and other disclosures required by §1005.20(h)(2) do not apply to gift cards produced prior to April 1, 2010 that do not have fees and do not expire, and which otherwise comply with the rule. 2. Expiration of temporary exemption. Certificates or cards produced prior to April 1, 2010 that do not fully comply with §§1005.20(a) through (f) may not be issued or sold to consumers on or after January 31, 2011. 20(h)(2) Additional Disclosures 1. Disclosures through third parties. Issuers may make the disclosures required by §1005.20(h)(2) through a third party, such as a retailer or merchant. For example, an issuer may have a merchant install in-store signage with the disclosures required by §1005.20(h)(2) on the issuer's behalf. 2. General advertising disclosures. Section 1005.20(h)(2) does not impose an obligation on the issuer to advertise gift certificates, store gift cards, or general-use prepaid cards. Section 1005.30—Remittance Transfer Definitions 1. Applicability of definitions in subpart A. Except as modified or limited by subpart B (which modifications or limitations apply only to subpart B), the definitions in §1005.2 apply to all of Regulation E, including subpart B. 30(b) Business Day 1. General. A business day, as defined in §1005.30(b), includes the entire 24-hour period ending at midnight, and a notice given pursuant to any section of subpart B is effective even if given outside of normal business hours. A remittance transfer provider is not required under subpart B to make telephone lines available on a 24-hour basis. 2. Substantially all business functions. “Substantially all business functions” include both the public and the back-office operations of the provider. For example, if the offices of a provider are open on Saturdays for customers to request remittance transfers, but not for performing internal functions (such as investigating errors), then Saturday is not a business day for that provider. In this case, Saturday does not count toward the business-day standard set by subpart B for resolving errors, processing refunds, etc. 3. Short hours. A provider may determine, at its election, whether an abbreviated day is a business day. For example, if a provider engages in substantially all business functions until noon on Saturdays instead of its usual 3 p.m. closing, it may consider Saturday a business day. 4. Telephone line. If a provider makes a telephone line available on Sundays for cancelling the transfer, but performs no other business functions, Sunday is not a business day under the “substantially all business functions” standard. 30(c) Designated Recipient 1. Person. A designated recipient can be either a natural person or an organization, such as a corporation. See §1005.2(j) (definition of person). The designated recipient is identified by the name of the person provided by the sender to the remittance transfer provider and disclosed by the provider to the sender pursuant to §1005.31(b)(1)(iii). 2. Location in a foreign country. i. A remittance transfer is received at a location in a foreign country if funds are to be received at a location physically outside of any State, as defined in §1005.2(l). A specific pick-up location need not be designated for funds to be received at a location in a foreign country. If it is specified that the funds will be transferred to a foreign country to be picked up by the designated recipient, the transfer will be received at a location in a foreign country, even though a specific pick-up location within that country has not been designated. If it is specified that the funds will be received at a location on a U.S. military installation that is physically located in a foreign country, the transfer will be received in a State. ii. For transfers to a prepaid account (other than a prepaid account that is a payroll card account or a government benefit account), where the funds are to be received in a location physically outside of any State depends on whether the provider at the time the transfer is requested has information indicating that funds are to be received in a foreign country. See comments 30(c)-2.iii and 30(e)-3.i.C for illustrations of when a remittance transfer provider would have such information and when the provider would not. For transfers to all other accounts, whether funds are to be received at a location physically outside of any State depends on where the account is located. If the account is located in a State, the funds will not be received at a location in a foreign country. Further, for these accounts, if they are located on a U.S. military installation that is physically located in a foreign country, then these accounts are located in a State. iii. Where the sender does not specify information about a designated recipient's account, but instead provides information about the recipient, a remittance transfer provider may make the determination of whether the funds will be received at a location in a foreign country on information that is provided by the sender, and other information the provider may have, at the time the transfer is requested. For example, if a consumer in a State gives a provider the recipient's email address, and the provider has no other information about whether the funds will be received by the recipient at a location in a foreign country, then the provider may determine that funds are not to be received at a location in a foreign country. However, if the provider at the time the transfer is requested has additional information indicating that funds are to be received in a foreign country, such as if the recipient's email address is already registered with the provider and associated with a foreign account, then the provider has sufficient information to conclude that the remittance transfer will be received at a location in a foreign country. Similarly, if a consumer in a State purchases a prepaid card, and the provider mails or delivers the card directly to the consumer, the provider may conclude that funds are not to be received in a foreign country, because the provider does not know whether the consumer will subsequently send the prepaid card to a recipient in a foreign country. In contrast, the provider has sufficient information to conclude that the funds are to be received in a foreign country if the remittance transfer provider sends a prepaid card to a specified recipient in a foreign country, even if a person located in a State, including the sender, retains the ability to access funds on the prepaid card. 3. Sender as designated recipient. A “sender,” as defined in §1005.30(g), may also be a designated recipient if the sender meets the definition of “designated recipient” in §1005.30(c). For example, a sender may request that a provider send an electronic transfer of funds from the sender's checking account in a State to the sender's checking account located in a foreign country. In this case, the sender would also be a designated recipient. 30(d) Preauthorized Remittance Transfer 1. Advance authorization. A preauthorized remittance transfer is a remittance transfer authorized in advance of a transfer that will take place on a recurring basis, at substantially regular intervals, and will require no further action by the consumer to initiate the transfer. In a bill-payment system, for example, if the consumer authorizes a remittance transfer provider to make monthly payments to a payee by means of a remittance transfer, and the payments take place without further action by the consumer, the payments are preauthorized remittance transfers. In contrast, if the consumer must take action each month to initiate a transfer (such as by entering instructions on a telephone or home computer), the payments are not preauthorized remittance transfers. 30(e) Remittance Transfer 1. Electronic transfer of funds. The definition of “remittance transfer” requires an electronic transfer of funds. The term electronic has the meaning given in section 106(2) of the Electronic Signatures in Global and National Commerce Act. There may be an electronic transfer of funds if a provider makes an electronic book entry between different settlement accounts to effectuate the transfer. However, where a sender mails funds directly to a recipient, or provides funds to a courier for delivery to a foreign country, there is not an electronic transfer of funds. Similarly, generally, where a provider issues a check, draft, or other paper instrument to be mailed to a person abroad, there is not an electronic transfer of funds. Nonetheless, an electronic transfer of funds occurs for a payment made by a provider under a bill-payment service available to a consumer via computer or other electronic means, unless the terms of the bill-payment service explicitly state that all payments, or all payments to a particular payee or payees, will be solely by check, draft, or similar paper instrument drawn on the consumer's account to be mailed abroad, and the payee or payees that will be paid in this manner are identified to the consumer. With respect to such a bill-payment service, if a provider provides a check, draft or similar paper instrument drawn on a consumer's account to be mailed abroad for a payee that is not identified to the consumer as described above, this payment by check, draft or similar payment instrument will be an electronic transfer of funds. 2. Sent by a remittance transfer provider. i. The definition of “remittance transfer” requires that a transfer be “sent by a remittance transfer provider.” This means that there must be an intermediary that is directly engaged with the sender to send an electronic transfer of funds on behalf of the sender to a designated recipient. ii. A payment card network or other third party payment service that is functionally similar to a payment card network does not send a remittance transfer when a consumer provides a debit, credit or prepaid card directly to a foreign merchant as payment for goods or services. In such a case, the payment card network or third party payment service is not directly engaged with the sender to send a transfer of funds to a person in a foreign country; rather, the network or third party payment service is merely providing contemporaneous third-party payment processing and settlement services on behalf of the merchant or the card issuer, rather than on behalf of the sender. In such a case, the card issuer also is not directly engaged with the sender to send an electronic transfer of funds to the foreign merchant when the card issuer provides payment to the merchant. Similarly, where a consumer provides a checking or other account number, or a debit, credit or prepaid card, directly to a foreign merchant as payment for goods or services, the merchant is not acting as an intermediary that sends a transfer of funds on behalf of the sender when it submits the payment information for processing. iii. However, a card issuer or a payment network may offer a service to a sender where the card issuer or a payment network is an intermediary that is directly engaged with the sender to obtain funds using the sender's debit, prepaid or credit card and to send those funds to a recipient's checking account located in a foreign country. In this case, the card issuer or the payment network is an intermediary that is directly engaged with the sender to send an electronic transfer of funds on behalf of the sender, and this transfer of funds is a remittance transfer because it is made to a designated recipient. See comment 30(c)-2.ii. 3. Examples of remittance transfers. i. Examples of remittance transfers include: A. Transfers where the sender provides cash or another method of payment to a money transmitter or financial institution and requests that funds be sent to a specified location or account in a foreign country. B. Consumer wire transfers, where a financial institution executes a payment order upon a sender's request to wire money from the sender's account to a designated recipient. C. An addition of funds to a prepaid card by a participant in a prepaid card program, such as a prepaid card issuer or its agent, that is directly engaged with the sender to add these funds, where the prepaid card is sent or was previously sent by a participant in the prepaid card program to a person in a foreign country, even if a person located in a State (including a sender) retains the ability to withdraw such funds. D. International ACH transactions sent by the sender's financial institution at the sender's request. E. Online bill payments and other electronic transfers that a sender schedules in advance, including preauthorized remittance transfers, made by the sender's financial institution at the sender's request to a designated recipient. ii. The term remittance transfer does not include, for example: A. A consumer's provision of a debit, credit or prepaid card, directly to a foreign merchant as payment for goods or services because the issuer is not directly engaged with the sender to send an electronic transfer of funds to the foreign merchant when the issuer provides payment to the merchant. See comment 30(e)-2. B. A consumer's deposit of funds to a checking or savings account located in a State, because there has not been a transfer of funds to a designated recipient. See comment 30(c)-2.ii. C. Online bill payments and other electronic transfers that senders can schedule in advance, including preauthorized transfers, made through the Web site of a merchant located in a foreign country and via direct provision of a checking account, credit card, debit card or prepaid card number to the merchant, because the financial institution is not directly engaged with the sender to send an electronic transfer of funds to the foreign merchant when the institution provides payment to the merchant. See comment 30(e)-2. 30(f) Remittance Transfer Provider 1. Agents. A person is not deemed to be acting as a remittance transfer provider when it performs activities as an agent on behalf of a remittance transfer provider. 2. Normal course of business. i. General. Whether a person provides remittance transfers in the normal course of business depends on the facts and circumstances, including the total number and frequency of remittance transfers sent by the provider. For example, if a financial institution generally does not make remittance transfers available to customers, but sends a couple of such transfers in a given year as an accommodation for a customer, the institution does not provide remittance transfers in the normal course of business. In contrast, if a financial institution makes remittance transfers generally available to customers (whether described in the institution's deposit account agreement, or in practice) and makes transfers many times per month, the institution provides remittance transfers in the normal course of business. ii. Safe harbor. Under §1005.30(f)(2)(i), a person that provided 100 or fewer remittance transfers in the previous calendar year and provides 100 or fewer remittance transfers in the current calendar year is deemed not to be providing remittance transfers in the normal course of its business. Accordingly, a person that qualifies for the safe harbor in §1005.30(f)(2)(i) is not a “remittance transfer provider” and is not subject to the requirements of subpart B. For purposes of determining whether a person qualifies for the safe harbor under §1005.30(f)(2)(i), the number of remittance transfers provided includes any transfers excluded from the definition of “remittance transfer” due simply to the safe harbor. In contrast, the number of remittance transfers provided does not include any transfers that are excluded from the definition of “remittance transfer” for reasons other than the safe harbor, such as small value transactions or securities and commodities transfers that are excluded from the definition of “remittance transfer” by §1005.30(e)(2). iii. Transition period. A person may cease to satisfy the requirements of the safe harbor described in §1005.30(f)(2)(i) if the person provides in excess of 100 remittance transfers in a calendar year. For example, if a person that provided 100 or fewer remittance transfers in the previous calendar year provides more than 100 remittance transfers in the current calendar year, the safe harbor applies to the first 100 remittance transfers that the person provides in the current calendar year. For any additional remittance transfers provided in the current calendar year and for any remittance transfers provided in the subsequent calendar year, whether the person provides remittance transfers for a consumer in the normal course of its business, as defined in §1005.30(f)(1), and is thus a remittance transfer provider for those additional transfers, depends on the facts and circumstances. Section 1005.30(f)(2)(ii) provides a reasonable period of time, not to exceed six months, for such a person to begin complying with subpart B, if that person is then providing remittance transfers in the normal course of its business. At the end of that reasonable period of time, such person would be required to comply with subpart B unless, based on the facts and circumstances, the person is not a remittance transfer provider. iv. Example of safe harbor and transition period. Assume that a person provided 90 remittance transfers in 2012 and 90 such transfers in 2013. The safe harbor will apply to the person's transfers in 2013, as well as the person's first 100 remittance transfers in 2014. However, if the person provides a 101st transfer on September 5, the facts and circumstances determine whether the person provides remittance transfers in the normal course of business and is thus a remittance transfer provider for the 101st and any subsequent remittance transfers that it provides in 2014. Furthermore, the person would not qualify for the safe harbor described in §1005.30(f)(2)(i) in 2015 because the person did not provide 100 or fewer remittance transfers in 2014. However, for the 101st remittance transfer provided in 2014, as well as additional remittance transfers provided thereafter in 2014 and 2015, if that person is then providing remittance transfers for a consumer in the normal course of business, the person will have a reasonable period of time, not to exceed six months, to come into compliance with subpart B. Assume that in this case, a reasonable period of time is six months. Thus, compliance with subpart B is not required for remittance transfers made on or before March 5, 2015 (i.e., six months after September 5, 2014). After March 5, 2015, the person is required to comply with subpart B if, based on the facts and circumstances, the person provides remittance transfers in the normal course of business and is thus a remittance transfer provider. 3. Multiple remittance transfer providers. If the remittance transfer involves more than one remittance transfer provider, only one set of disclosures must be given, and the remittance transfer providers must agree among themselves which provider must take the actions necessary to comply with the requirements that subpart B imposes on any or all of them. Even though the providers must designate one provider to take the actions necessary to comply with the requirements that subpart B imposes on any or all of them, all remittance transfer providers involved in the remittance transfer remain responsible for compliance with the applicable provisions of the EFTA and Regulation E. 30(g) Sender 1. Determining whether a consumer is located in a State. Under §1005.30(g), the definition of “sender” means a consumer in a State who, primarily for personal, family, or household purposes, requests a remittance transfer provider to send a remittance transfer to a designated recipient. A sender located on a U.S. military installation that is physically located in a foreign country is located in a State. For transfers sent from a prepaid account (other than a prepaid account that is a payroll card account or a government benefit account), whether the consumer is located in a State depends on the location of the consumer. If the provider does not know where the consumer is at the time the consumer requests the transfer from the consumer's prepaid account (other than a prepaid account that is a payroll card account or a government benefit account) the provider may make the determination of whether a consumer is located in a State based on information that is provided by the consumer and on any records associated with the consumer that the provider may have, such as an address provided by the consumer. For transfers from all other accounts belonging to a consumer, whether a consumer is located in a State depends on where the consumer's account is located. If the account is located in a State, the consumer will be located in a State for purposes of the definition of “sender” in §1005.30(g), notwithstanding comment 3(a)-3. For these accounts, if they are located on a U.S. military installation that is physically located in a foreign country, then these accounts are located in a State. Where a transfer is requested electronically or by telephone and the transfer is not from an account, the provider may make the determination of whether a consumer is located in a State based on information that is provided by the consumer and on any records associated with the consumer that the provider may have, such as an address provided by the consumer. 2. Personal, family, or household purposes. Under §1005.30(g), a consumer is a “sender” only where he or she requests a transfer primarily for personal, family, or household purposes. A consumer who requests a transfer primarily for other purposes, such as business or commercial purposes, is not a sender under §1005.30(g). For transfers from an account that was established primarily for personal, family, or household purposes, a remittance transfer provider may generally deem that the transfer is requested primarily for personal, family, or household purposes and the consumer is therefore a “sender” under §1005.30(g). But if the consumer indicates that he or she is requesting the transfer primarily for other purposes, such as business or commercial purposes, then the consumer is not a sender under §1005.30(g), even if the consumer is requesting the transfer from an account that is used primarily for personal, family, or household purposes. 3. Non-consumer accounts. A transfer that is requested to be sent from an account that was not established primarily for personal, family, or household purposes, such as an account that was established as a business or commercial account or an account held by a business entity such as a corporation, not-for-profit corporation, professional corporation, limited liability company, partnership, or sole proprietorship, is not requested primarily for personal, family, or household purposes. A consumer requesting a transfer from such an account therefore is not a sender under §1005.30(g). Additionally, a transfer that is requested to be sent from an account held by a financial institution under a bona fide trust agreement pursuant to §1005.2(b)(2) is not requested primarily for personal, family, or household purposes, and a consumer requesting a transfer from such an account is therefore not a sender under §1005.30(g). 30(h) Third-Party Fees 1. Fees imposed on the remittance transfer. Fees imposed on the remittance transfer by a person other than the remittance transfer provider include only those fees that are charged to the designated recipient and are specifically related to the remittance transfer. For example, overdraft fees that are imposed by a recipient's bank or funds that are garnished from the proceeds of a remittance transfer to satisfy an unrelated debt are not fees imposed on the remittance transfer because these charges are not specifically related to the remittance transfer. Account fees are also not specifically related to a remittance transfer if such fees are merely assessed based on general account activity and not for receiving transfers. Where an incoming remittance transfer results in a balance increase that triggers a monthly maintenance fee, that fee is not specifically related to a remittance transfer. Similarly, fees that banks charge one another for handling a remittance transfer or other fees that do not affect the total amount of the transaction or the amount that will be received by the designated recipient are not fees imposed on the remittance transfer. For example, an interchange fee that is charged to a provider when a sender uses a credit or debit card to pay for a remittance transfer is not a fee imposed upon the remittance transfer. Fees that specifically relate to a remittance transfer may be structured on a flat per-transaction basis, or may be conditioned on other factors (such as account status or the quantity of remittance transfers received) in addition to the remittance transfer itself. For example, where an institution charges an incoming transfer fee on most customers' accounts, but not on preferred accounts, such a fee is nonetheless specifically related to a remittance transfer. Similarly, if the institution assesses a fee for every transfer beyond the fifth received each month, such a fee would be specifically related to the remittance transfer regardless of how many remittance transfers preceded it that month. 2. Covered third-party fees. i. Under §1005.30(h)(1), a covered third-party fee means any fee that is imposed on the remittance transfer by a person other than the remittance transfer provider that is not a non-covered third-party fee. ii. Examples of covered third-party fees include: A. Fees imposed on a remittance transfer by intermediary institutions in connection with a wire transfer (sometimes referred to as “lifting fees”). B. Fees imposed on a remittance transfer by an agent of the provider at pick-up for receiving the transfer. 3. Non-covered third-party fees. Under §1005.30(h)(2), a non-covered third-party fee means any fee imposed by the designated recipient's institution for receiving a remittance transfer into an account except if such institution acts as the agent of the remittance transfer provider. For example, a fee imposed by the designated recipient's institution for receiving an incoming transfer into an account is a non-covered third-party fee, provided such institution is not acting as the agent of the remittance transfer provider. See also comment 31(b)(1)(viii)-1. Furthermore, designated recipient's account in §1005.30(h)(2) refers to an asset account, regardless of whether it is a consumer asset account, established for any purpose and held by a bank, savings association, credit union, or equivalent institution. A designated recipient's account does not, however, include a credit card, prepaid card, or a virtual account held by an Internet-based or mobile telephone company that is not a bank, savings association, credit union or equivalent institution. Section 1005.31—Disclosures 31(a) General Form of Disclosures 31(a)(1) Clear and Conspicuous 1. Clear and conspicuous standard. Disclosures are clear and conspicuous for purposes of subpart B if they are readily understandable and, in the case of written and electronic disclosures, the location and type size are readily noticeable to senders. Oral disclosures as permitted by §1005.31(a)(3), (4), and (5) are clear and conspicuous when they are given at a volume and speed sufficient for a sender to hear and comprehend them. 2. Abbreviations and symbols. Disclosures may contain commonly accepted or readily understandable abbreviations or symbols, such as “USD” to indicate currency in U.S. dollars or “MXN” to indicate currency in Mexican pesos. 31(a)(2) Written and Electronic Disclosures 1. E-Sign Act requirements. If a sender electronically requests the remittance transfer provider to send a remittance transfer, the disclosures required by §1005.31(b)(1) may be provided to the sender in electronic form without regard to the consumer consent and other applicable provisions of the Electronic Signatures in Global and National Commerce Act (E-Sign Act) (15 U.S.C. 7001 et seq.). If a sender electronically requests the provider to send a remittance transfer, the disclosures required by §1005.31(b)(2) may be provided to the sender in electronic form, subject to compliance with the consumer consent and other applicable provisions of the E-Sign Act. See §1005.4(a)(1). 2. Paper size. Written disclosures may be provided on any size paper, as long as the disclosures are clear and conspicuous. For example, disclosures may be provided on a register receipt or on an 8.5 inch by 11 inch sheet of paper. 3. Retainable electronic disclosures. A remittance transfer provider may satisfy the requirement to provide electronic disclosures in a retainable form if it provides an online disclosure in a format that is capable of being printed. Electronic disclosures may not be provided through a hyperlink or in another manner by which the sender can bypass the disclosure. A provider is not required to confirm that the sender has read the electronic disclosures. 4. Pre-payment disclosures to a mobile telephone. Disclosures provided via mobile application or text message, to the extent permitted by §1005.31(a)(5), need not be retainable. However, disclosures provided electronically to a mobile telephone that are not provided via mobile application or text message must be retainable. For example, disclosures provided via email must be retainable, even if a sender accesses them by mobile telephone. 5. Disclosures provided by fax. For purposes of disclosures required to be provided pursuant to §1005.31 or §1005.36, disclosures provided by facsimile transmission (i.e., fax) are considered to be provided in writing for purposes of providing disclosures in writing pursuant to subpart B and are not subject to the requirements for electronic disclosures set forth in §1005.31(a)(2). 31(a)(3) Disclosures for Oral Telephone Transactions 1. Transactions conducted partially by telephone. Except as provided in comment 31(a)(3)-2, for transactions conducted partially by telephone, providing the information required by §1005.31(b)(1) to a sender orally does not fulfill the requirement to provide the disclosures required by §1005.31(b)(1). For example, a sender may begin a remittance transfer at a remittance transfer provider's dedicated telephone in a retail store, and then provide payment in person to a store clerk to complete the transaction. In such cases, all disclosures must be provided in writing. A provider complies with this requirement, for example, by providing the written pre-payment disclosure in person prior to the sender's payment for the transaction, and the written receipt when the sender pays for the transaction. 2. Oral telephone transactions. Section 1005.31(a)(3) applies to transactions conducted orally and entirely by telephone, such as transactions conducted orally on a landline or mobile telephone. A remittance transfer provider may treat a written or electronic communication as an inquiry when it believes that treating the communication as a request would be impractical. For example, if a sender physically located abroad contacts a U.S. branch of the sender's financial institution and attempts to initiate a remittance transfer by first sending a mailed letter, further communication with the sender by letter may be impractical due to the physical distance and likely mail delays. In such circumstances, a provider may conduct the transaction orally and entirely by telephone pursuant to §1005.31(a)(3) when the provider treats that initial communication as an inquiry and subsequently responds to the consumer's inquiry by calling the consumer on a telephone and orally gathering or confirming the information needed to identify and understand a request for a remittance transfer and otherwise conducts the transaction orally and entirely by telephone. 31(a)(5) Disclosures for Mobile Application or Text Message Transactions 1. Mobile application and text message transactions. A remittance transfer provider may provide the required pre-payment disclosures orally or via mobile application or text message if the transaction is conducted entirely by telephone via mobile application or text message, the remittance transfer provider complies with the requirements of §1005.31(g)(2), and the provider discloses orally or via mobile application or text message a statement about the rights of the sender regarding cancellation required by §1005.31(b)(2)(iv) pursuant to the timing requirements in §1005.31(e)(1). For example, if a sender conducts a transaction via text message on a mobile telephone, the remittance transfer provider may call the sender and orally provide the required pre-payment disclosures. Alternatively, the provider may provide the required pre-payment disclosures via text message. Section 1005.31(a)(5) applies only to transactions conducted entirely by mobile telephone via mobile application or text message. 31(b) Disclosure Requirements 1. Disclosures provided as applicable. Disclosures required by §1005.31(b) need only be provided to the extent applicable. A remittance transfer provider may choose to omit an item of information required by §1005.31(b) if it is inapplicable to a particular transaction. Alternatively, for disclosures required by §1005.31(b)(1)(i) through (vii), a provider may disclose a term and state that an amount or item is “not applicable,” “N/A,” or “None.” For example, if fees or taxes are not imposed in connection with a particular transaction, the provider need not provide the disclosures about fees and taxes generally required by §1005.31(b)(1)(ii), the disclosures about covered third-party fees generally required by §1005.31(b)(1)(vi), or the disclaimers about non-covered third-party fees and taxes collected by a person other than the provider generally required by §1005.31(b)(1)(viii). Similarly, a Web site need not be disclosed if the provider does not maintain a Web site. A provider need not provide the exchange rate disclosure required by §1005.31(b)(1)(iv) if a recipient receives funds in the currency in which the remittance transfer is funded, or if funds are delivered into an account denominated in the currency in which the remittance transfer is funded. For example, if a sender in the United States sends funds from an account denominated in Euros to an account in France denominated in Euros, no exchange rate would need to be provided. Similarly, if a sender funds a remittance transfer in U.S. dollars and requests that a remittance transfer be delivered to the recipient in U.S. dollars, a provider need not disclose an exchange rate. 2. Substantially similar terms, language, and notices. Certain disclosures required by §1005.31(b) must be described using the terms set forth in §1005.31(b) or substantially similar terms. Terms may be more specific than those provided. For example, a remittance transfer provider sending funds may describe fees imposed by an agent at pick-up as “Pick-up Fees” in lieu of describing them as “Other Fees.” Foreign language disclosures required under §1005.31(g) must contain accurate translations of the terms, language, and notices required by §1005.31(b) or permitted by §1005.31(b)(1)(viii) and §1005.33(h)(3). 31(b)(1) Pre-Payment Disclosures 1. Fees and taxes. i. Taxes collected on the remittance transfer by the remittance transfer provider include taxes collected on the remittance transfer by a State or other governmental body. A provider need only disclose fees imposed or taxes collected on the remittance transfer by the provider in §1005.31(b)(1)(ii), as applicable. For example, if no transfer taxes are imposed on a remittance transfer, a provider would only disclose applicable transfer fees. See comment 31(b)-1. If both fees and taxes are imposed, the fees and taxes must be disclosed as separate, itemized disclosures. For example, a provider would disclose all transfer fees using the term “Transfer Fees” or a substantially similar term and would separately disclose all transfer taxes using the term “Transfer Taxes” or a substantially similar term. ii. The fees and taxes required to be disclosed by §1005.31(b)(1)(ii) include all fees imposed and all taxes collected on the remittance transfer by the provider. For example, a provider must disclose any service fee, any fees imposed by an agent of the provider at the time of the transfer, and any State taxes collected on the remittance transfer at the time of the transfer. Fees imposed on the remittance transfer by the provider required to be disclosed under §1005.31(b)(1)(ii) include only those fees that are charged to the sender and are specifically related to the remittance transfer. See also comment 30(h)-1. In contrast, the fees required to be disclosed by §1005.31(b)(1)(vi) are any covered third-party fees as defined in §1005.30(h)(1). iii. The term used to describe the fees imposed on the remittance transfer by the provider in §1005.31(b)(1)(ii) and the term used to describe covered third-party fees under §1005.31(b)(1)(vi) must differentiate between such fees. For example the terms used to describe fees disclosed under §1005.31(b)(1)(ii) and (vi) may not both be described solely as “Fees.” 2. Transfer amount. Sections 1005.31(b)(1)(i) and (v) require two transfer amount disclosures. First, under §1005.31(b)(1)(i), a provider must disclose the transfer amount in the currency in which the remittance transfer is funded to show the calculation of the total amount of the transaction. Typically, the remittance transfer is funded in U.S. dollars, so the transfer amount would be expressed in U.S. dollars. However, if the remittance transfer is funded, for example, from a Euro-denominated account, the transfer amount would be expressed in Euros. Second, under §1005.31(b)(1)(v), a provider must disclose the transfer amount in the currency in which the funds will be made available to the designated recipient. For example, if the funds will be picked up by the designated recipient in Japanese yen, the transfer amount would be expressed in Japanese yen. However, this second transfer amount need not be disclosed if covered third-party fees as described under §1005.31(b)(1)(vi) are not imposed on the remittance transfer. The terms used to describe each transfer amount should be the same. 3. Exchange rate for calculation. The exchange rate used to calculate the transfer amount in §1005.31(b)(1)(v), the covered third-party fees in §1005.31(b)(1)(vi), the amount received in §1005.31(b)(1)(vii), and the optional disclosures of non-covered third-party fees and other taxes permitted by §1005.31(b)(1)(viii) is the exchange rate in §1005.31(b)(1)(iv), including an estimated exchange rate to the extent permitted by §1005.32, prior to any rounding of the exchange rate. For example, if one U.S. dollar exchanges for 11.9483779 Mexican pesos, a provider must calculate these disclosures using this rate, even though the provider may disclose pursuant to §1005.31(b)(1)(iv) that the U.S. dollar exchanges for 11.9484 Mexican pesos. Similarly, if a provider estimates pursuant to §1005.32 that one U.S. dollar exchanges for 11.9483 Mexican pesos, a provider must calculate these disclosures using this rate, even though the provider may disclose pursuant to §1005.31(b)(1)(iv) that the U.S. dollar exchanges for 11.95 Mexican pesos (Estimated). If an exchange rate need not be rounded, a provider must use that exchange rate to calculate these disclosures. For example, if one U.S. dollar exchanges for exactly 11.9 Mexican pesos, a provider must calculate these disclosures using this exchange rate. 31(b)(1)(iv) Exchange Rate 1. Applicable exchange rate. If the designated recipient will receive funds in a currency other than the currency in which the remittance transfer is funded, a remittance transfer provider must disclose the exchange rate to be used by the provider for the remittance transfer. An exchange rate that is estimated must be disclosed pursuant to the requirements of §1005.32. A remittance transfer provider may not disclose, for example, that an exchange rate is “unknown,” “floating,” or “to be determined.” If a provider does not have specific knowledge regarding the currency in which the funds will be received, the provider may rely on a sender's representation as to the currency in which funds will be received for purposes of determining whether an exchange rate is applied to the transfer. For example, if a sender requests that a remittance transfer be deposited into an account in U.S. dollars, the provider need not disclose an exchange rate, even if the account is actually denominated in Mexican pesos and the funds are converted prior to deposit into the account. If a sender does not know the currency in which funds will be received, the provider may assume that the currency in which funds will be received is the currency in which the remittance transfer is funded. 2. Rounding. The exchange rate disclosed by the provider for the remittance transfer is required to be rounded. The provider may round to two, three, or four decimal places, at its option. For example, if one U.S. dollar exchanges for 11.9483779 Mexican pesos, a provider may disclose that the U.S. dollar exchanges for 11.9484 Mexican pesos. The provider may alternatively disclose, for example, that the U.S. dollar exchanges for 11.948 pesos or 11.95 pesos. On the other hand, if one U.S. dollar exchanges for exactly 11.9 Mexican pesos, the provider may disclose that “US$1 = 11.9 MXN” in lieu of, for example, “US$1 = 11.90 MXN.” The exchange rate disclosed for the remittance transfer must be rounded consistently for each currency. For example, a provider may not round to two decimal places for some transactions exchanged into Euros and round to four decimal places for other transactions exchanged into Euros. 3. Exchange rate used. The exchange rate used by the provider for the remittance transfer need not be set by that provider. For example, an exchange rate set by an intermediary institution and applied to the remittance transfer would be the exchange rate used for the remittance transfer and must be disclosed by the provider. 31(b)(1)(vi) Disclosure of Covered Third-Party Fees 1. Fees disclosed in the currency in which the funds will be received. Section 1005.31(b)(1)(vi) requires the disclosure of covered third-party fees in the currency in which the funds will be received by the designated recipient. A covered third-party fee described in §1005.31(b)(1)(vi) may be imposed in one currency, but the funds may be received by the designated recipient in another currency. In such cases, the remittance transfer provider must calculate the fee to be disclosed under §1005.31(b)(1)(vi) in the currency of receipt using the exchange rate in §1005.31(b)(1)(iv), including an estimated exchange rate to the extent permitted by §1005.32, prior to any rounding of the exchange rate. For example, an intermediary institution involved in sending an international wire transfer funded in U.S. dollars may impose a fee in U.S. dollars, but funds are ultimately deposited in the recipient's account in Euros. In this case, the provider would disclose the covered third-party fee to the sender expressed in Euros, calculated using the exchange rate disclosed under §1005.31(b)(1)(iv), prior to any rounding of the exchange rate. For purposes of §1005.31(b)(1)(v), (vi), and (vii), if a provider does not have specific knowledge regarding the currency in which the funds will be received, the provider may rely on a sender's representation as to the currency in which funds will be received. For example, if a sender requests that a remittance transfer be deposited into an account in U.S. dollars, the provider may provide the disclosures required in §1005.31(b)(1)(v), (vi), and (vii) in U.S. dollars, even if the account is actually denominated in Mexican pesos and the funds are subsequently converted prior to deposit into the account. If a sender does not know the currency in which funds will be received, the provider may assume that the currency in which funds will be received is the currency in which the remittance transfer is funded. 31(b)(1)(vii) Amount Received 1. Amount received. The remittance transfer provider is required to disclose the amount that will be received by the designated recipient in the currency in which the funds will be received. The amount received must reflect the exchange rate, all fees imposed and all taxes collected on the remittance transfer by the remittance transfer provider, as well as any covered third-party fees required to be disclosed by §1005.31(b)(1)(vi). The disclosed amount received must be reduced by the amount of any fee or tax—except for a non-covered third-party fee or tax collected on the remittance transfer by a person other than the provider—that is imposed on the remittance transfer that affects the amount received even if that amount is imposed or itemized separately from the transaction amount. 31(b)(1)(viii) Statement When Additional Fees and Taxes May Apply 1. Required disclaimer when non-covered third-party fees and taxes collected by a person other than the provider may apply. If non-covered third-party fees or taxes collected by a person other than the provider apply to a particular remittance transfer or if a provider does not know if such fees or taxes may apply to a particular remittance transfer, §1005.31(b)(1)(viii) requires the provider to include the disclaimer with respect to such fees and taxes. Required disclosures under §1005.31(b)(1)(viii) may only be provided to the extent applicable. For example, if the designated recipient's institution is an agent of the provider and thus, non-covered third-party fees cannot apply to the transfer, the provider must disclose all fees imposed on the remittance transfer and may not provide the disclaimer regarding non-covered third-party fees. In this scenario, the provider may only provide the disclaimer regarding taxes collected on the remittance transfer by a person other than the provider, as applicable. See Model Form A-30(c). 2. Optional disclosure of non-covered third-party fees and taxes collected by a person other than the provider. When a remittance transfer provider knows the non-covered third-party fees or taxes collected on the remittance transfer by a person other than the provider that will apply to a particular transaction, §1005.31(b)(1)(viii) permits the provider to disclose the amount of such fees and taxes. Section 1005.32(b)(3)-1 additionally permits a provider to disclose an estimate of such fees and taxes, provided any estimates are based on reasonable source of information. See comment 32(b)(3). For example, a provider may know that the designated recipient's institution imposes an incoming wire fee for receiving a transfer. Alternatively, a provider may know that foreign taxes will be collected on the remittance transfer by a person other than the remittance transfer provider. In these examples, the provider may choose, at its option, to disclose the amounts of the relevant recipient institution fee and tax as part of the information disclosed pursuant to §1005.31(b)(1)(viii). The provider must not include that fee or tax in the amount disclosed pursuant to §1005.31(b)(1)(vi) or (b)(1)(vii). Fees and taxes disclosed under §1005.31(b)(1)(viii) must be disclosed in the currency in which the funds will be received. See comment 31(b)(1)(vi)-1. Estimates of any non-covered third-party fees and any taxes collected on the remittance transfer by a person other than the provider must be disclosed in accordance with §1005.32(b)(3). 31(b)(2) Receipt 1. Date funds will be available. A remittance transfer provider does not comply with the requirements of §1005.31(b)(2)(ii) if it provides a range of dates that the remittance transfer may be available or an estimate of the date on which funds will be available. If a provider does not know the exact date on which funds will be available, the provider may disclose the latest date on which the funds will be available. For example, if funds may be available on January 3, but are not certain to be available until January 10, then a provider complies with §1005.31(b)(2)(ii) if it discloses January 10 as the date funds will be available. However, a remittance transfer provider may also disclose that funds “may be available sooner” or use a substantially similar term to inform senders that funds may be available to the designated recipient on a date earlier than the date disclosed. For example, a provider may disclose “January 10 (may be available sooner).” 2. Agencies required to be disclosed. A remittance transfer provider must only disclose information about a State agency that licenses or charters the remittance transfer provider with respect to the remittance transfer as applicable. For example, if a financial institution is solely regulated by a Federal agency, and not licensed or chartered by a State agency, then the institution need not disclose information about a State agency. A remittance transfer provider must disclose information about the Consumer Financial Protection Bureau, whether or not the Consumer Financial Protection Bureau is the provider's primary Federal regulator. 3. State agency that licenses or charters a provider. A remittance transfer provider must only disclose information about one State agency that licenses or charters the remittance transfer provider with respect to the remittance transfer, even if other State agencies also regulate the remittance transfer provider. For example, a provider may disclose information about the State agency which granted its license. If a provider is licensed in multiple States, and the State agency that licenses the provider with respect to the remittance transfer is determined by a sender's location, a provider may make the determination as to the State in which the sender is located based on information that is provided by the sender and on any records associated with the sender. For example, if the State agency that licenses the provider with respect to an online remittance transfer is determined by a sender's location, a provider could rely on the sender's statement regarding the State in which the sender is located and disclose the State agency that licenses the provider in that State. A State-chartered bank must disclose information about the State agency that granted its charter, regardless of the location of the sender. 4. Web site of the Consumer Financial Protection Bureau. Section 1005.31(b)(2)(vi) requires a remittance transfer provider to disclose the name, toll-free telephone number(s), and Web site of the Consumer Financial Protection Bureau. Providers may satisfy this requirement by disclosing the Web site of the Consumer Financial Protection Bureau's homepage, www.consumerfinance.gov, as shown on Model Forms A-32, A-34, A-35, and A-39. Alternatively, providers may, but are not required to, disclose the Bureau's Web site as the address of a page on the Bureau's Web site that provides information for consumers about remittance transfers, currently, consumerfinance.gov/sending-money, as shown on Model Form A-31. In addition, providers making disclosures in a language other than English pursuant to §1005.31(g) may, but are not required to, disclose the Bureau's Web site as a page on the Bureau's Web site that provides information for consumers about remittance transfers in the relevant language, if such Web site exists. For example, a provider that is making disclosures in Spanish under §1005.31(g) may, but is not required to, disclose the Bureau's Web site on Spanish-language disclosures as the page on the Bureau's Web site that provides information regarding remittance transfers in Spanish, currently consumerfinance.gov/envios. This optional disclosure is shown on Model A-40. The Bureau will publish a list of any other foreign language Web sites that provide information regarding remittance transfers. 5. Date of transfer on receipt. Where applicable, §1005.31(b)(2)(vii) requires disclosure of the date of transfer for the remittance transfer that is the subject of a receipt required by §1005.31(b)(2), including a receipt that is provided in accordance with the timing requirements in §1005.36(a). For any subsequent preauthorized remittance transfer subject to §1005.36(d)(2)(ii), the future date of transfer must be provided on any receipt provided for the initial transfer in that series of preauthorized remittance transfers, or where permitted, or disclosed as permitted by §1005.31(a)(3) and (a)(5), in accordance with §1005.36(a)(1)(i). 6. Transfer date disclosures. The following example demonstrates how the information required by §1005.31(b)(2)(vii) and §1005.36(d)(1) should be disclosed on receipts: On July 1, a sender instructs the provider to send a preauthorized remittance transfer of US$100 each week to a designated recipient. The sender requests that first transfer in the series be sent on July 15. On the receipt, the remittance transfer provider discloses an estimated exchange rate to the sender pursuant to §1005.32(b)(2). In accordance with §1005.31(b)(2)(vii), the provider should disclose the date of transfer for that particular transaction (i.e., July 15) on the receipt provided when payment is made for the transfer pursuant to the timing requirements in §1005.36(a)(1)(i). The second receipt, which §1005.36(a)(1)(ii) requires to be provided within one business day after the date of the transfer or, for transfers from the sender's account held by the provider, on the next regularly scheduled periodic statement or within 30 days after payment is made if a periodic statement is not provided, is also required to include the date of transfer. If the provider discloses on either receipt the cancellation period applicable to and dates of subsequent preauthorized remittance transfers in accordance with §1005.36(d)(2), the disclosure must be phrased and formatted in such a way that it is clear to the sender which cancellation period is applicable to any date of transfer on the receipt. 7. Cancellation disclosure. Remittance transfer providers that offer remittance transfers scheduled three or more business days before the date of the transfer, as well as remittance transfers scheduled fewer than three business days before the date of the transfer, may meet the cancellation disclosure requirements in §1005.31(b)(2)(iv) by describing the three-business-day and 30-minute cancellation periods on the same disclosure and using a checkbox or other method to clearly designate the applicable cancellation period. The provider may use a number of methods to indicate which cancellation period applies to the transaction including, but not limited to, a statement to that effect, use of a checkbox, highlighting, circling, and the like. For transfers scheduled three business days before the date of the transfer, the cancellation disclosures provided pursuant to §1005.31(b)(2)(iv) should be phrased and formatted in such a way that it is clear to the sender which cancellation period is applicable to the date of transfer disclosed on the receipt. 31(b)(3) Combined Disclosure 1. Proof of payment. If a sender initiating a remittance transfer receives a combined disclosure provided under §1005.31(b)(3) and then completes the transaction, the remittance transfer provider must provide the sender with proof of payment. The proof of payment must be clear and conspicuous, provided in writing or electronically, and provided in a retainable form. The combined disclosure must be provided to the sender when the sender requests the remittance transfer, but prior to payment for the transfer, pursuant to §1005.31(e)(1), and the proof of payment must be provided when payment is made for the remittance transfer. The proof of payment for the transaction may be provided on the same piece of paper as the combined disclosure or on a separate piece of paper. For example, a provider may feed a combined disclosure through a computer printer when payment is made to add the date and time of the transaction, a confirmation code, and an indication that the transfer was paid in full. A provider may also provide this additional information to a sender on a separate piece of paper when payment is made. A remittance transfer provider does not comply with the requirements of §1005.31(b)(3) by providing a combined disclosure with no further indication that payment has been received. 2. Confirmation of scheduling. As discussed in comment 31(e)-2, payment is considered to be made when payment is authorized for purposes of various timing requirements in subpart B, including with regard to the timing requirement for provision of the proof of payment described in §1005.31(b)(3)(i). However, where a transfer (whether a one-time remittance transfer or the first in a series of preauthorized remittance transfers) is scheduled before the date of transfer and the provider does not intend to process payment until at or near the date of transfer, the provider may provide a confirmation of scheduling in lieu of the proof of payment required by §1005.31(b)(3)(i). No further proof of payment is required when payment is later processed. 31(c) Specific Format Requirements 31(c)(1) Grouping 1. Grouping. Information is grouped together for purposes of subpart B if multiple disclosures are in close proximity to one another and a sender can reasonably calculate the total amount of the transaction and the amount that will be received by the designated recipient. Model Forms A-30(a)-(d) through A-35 in Appendix A illustrate how information may be grouped to comply with the rule, but a remittance transfer provider may group the information in another manner. For example, a provider could provide the grouped information as a horizontal, rather than a vertical, calculation. A provider could also send multiple text messages sequentially to provide the full disclosure. 31(c)(4) Segregation 1. Segregation. Disclosures may be segregated from other information in a variety of ways. For example, the disclosures may appear on a separate sheet of paper or may appear on the front of a page where other information appears on the back of that page. The disclosures may be set off from other information on a notice by outlining them in a box or series of boxes, with bold print dividing lines or a different color background, or by using other means. 2. Directly related. For purposes of §1005.31(c)(4), the following is directly related information: i. The date and time of the transaction; ii. The sender's name and contact information; iii. The location at which the designated recipient may pick up the funds; iv. The confirmation or other identification code; v. A company name and logo; vi. An indication that a disclosure is or is not a receipt or other indicia of proof of payment; vii. A designated area for signatures or initials; viii. A statement that funds may be available sooner, as permitted by §1005.31(b)(2)(ii); ix. Instructions regarding the retrieval of funds, such as the number of days the funds will be available to the recipient before they are returned to the sender; and x. A statement that the provider makes money from foreign currency exchange. xi. Disclosure of any non-covered third-party fees and any taxes collected by a person other than the provider pursuant to §1005.31(b)(1)(viii). 31(d) Estimates 1. Terms. A remittance transfer provider may provide estimates of the amounts required by §1005.31(b), to the extent permitted by §1005.32. An estimate must be described using the term “Estimated” or a substantially similar term in close proximity to the term or terms described. For example, a remittance transfer provider could describe an estimated disclosure as “Estimated Transfer Amount,” “Other Estimated Fees and Taxes,” or “Total to Recipient (Est.).” 31(e) Timing 1. Request to send a remittance transfer. Except as provided in §1005.36(a), pre-payment and combined disclosures are required to be provided to the sender when the sender requests the remittance transfer, but prior to payment for the transfer. Whether a consumer has requested a remittance transfer depends on the facts and circumstances. A sender that asks a provider to send a remittance transfer, and provides transaction-specific information to the provider in order to send funds to a designated recipient, has requested a remittance transfer. A sender that has sent an email, fax, mailed letter, or similar written or electronic communication has not requested a remittance transfer if the provider believes that it is impractical for the provider to treat that communication as a request and if the provider treats the communication as an inquiry and subsequently responds to that inquiry by calling the consumer on a telephone and orally gathering or confirming the information needed to process a request for a remittance transfer. See comment 31(a)(3)-2. Likewise, a consumer who solely inquires about that day's rates and fees to send to Mexico has not requested the provider to send a remittance transfer. Conversely, a sender who asks the provider at an agent location to send money to a recipient in Mexico and provides the sender and recipient information to the provider has requested a remittance transfer. 2. When payment is made. Except as provided in §1005.36(a), a receipt required by §1005.31(b)(2) must be provided to the sender when payment is made for the remittance transfer. For example, a remittance transfer provider could give the sender the disclosures after the sender pays for the remittance transfer, but before the sender leaves the counter. A provider could also give the sender the disclosures immediately before the sender pays for the transaction. For purposes of subpart B, payment is made, for example, when a sender provides cash to the remittance transfer provider or when payment is authorized. 3. Telephone transfer from an account. A sender may transfer funds from his or her account, as defined by §1005.2(b), that is held by the remittance transfer provider. For example, a financial institution may send an international wire transfer for a sender using funds from the sender's account with the institution. Except as provided in §1005.36(a), if the sender conducts such a transfer entirely by telephone, the institution may provide a receipt required by §1005.31(b)(2) on or with the sender's next regularly scheduled periodic statement for that account or within 30 days after payment is made for the remittance transfer if a periodic statement is not provided. 4. Mobile application and text message transactions. If a transaction is conducted entirely by telephone via mobile application or text message, a receipt required by §1005.31(b)(2) may be mailed or delivered to the sender pursuant to the timing requirements in §1005.31(e)(2). For example, if a sender conducts a transfer entirely by telephone via mobile application, a remittance transfer provider may mail or deliver the disclosures to a sender pursuant to the timing requirements in §1005.31(e)(2). 5. Statement about cancellation rights. The statement about the rights of the sender regarding cancellation required by §1005.31(b)(2)(iv) may, but need not, be disclosed pursuant to the timing requirements of §1005.31(e)(2) if a provider discloses this information pursuant to §1005.31(a)(3)(iii) or (a)(5)(iii). The statement about the rights of the sender regarding error resolution required by §1005.31(b)(2)(iv), however, must be disclosed pursuant to the timing requirements of §1005.31(e)(2). 31(f) Accurate When Payment Is Made 1. No guarantee of disclosures provided before payment. Except as provided in §1005.36(b), disclosures required by §1005.31(b) or permitted by §1005.31(b)(1)(viii) must be accurate when a sender makes payment for the remittance transfer. A remittance transfer provider is not required to guarantee the terms of the remittance transfer in the disclosures required or permitted by §1005.31(b) for any specific period of time. However, if any of the disclosures required by §1005.31(b) or permitted by §1005.31(b)(1)(viii) are not accurate when a sender makes payment for the remittance transfer, a provider must give new disclosures before accepting payment. 31(g) Foreign Language Disclosures 1. Number of foreign languages used in written disclosure. Section 1005.31(g)(1) does not limit the number of languages that may be used on a single document, but such disclosures must be clear and conspicuous pursuant to §1005.31(a)(1). Under §1005.31(g)(1), a remittance transfer provider may, but need not, provide the sender with a written or electronic disclosure that is in English and, if applicable, in each foreign language that the remittance transfer provider principally uses to advertise, solicit, or market either orally, in writing, or electronically, at the office in which a sender conducts a transaction or asserts an error, respectively. Alternatively, the remittance transfer provider may provide the disclosure solely in English and, if applicable, the foreign language primarily used by the sender with the remittance transfer provider to conduct the transaction or assert an error, provided such language is principally used by the remittance transfer provider to advertise, solicit, or market either orally, in writing, or electronically, at the office in which the sender conducts the transaction or asserts the error, respectively. If the remittance transfer provider chooses the alternative method, it may provide disclosures in a single document with both languages or in two separate documents with one document in English and the other document in the applicable foreign language. The following examples illustrate this concept. i. A remittance transfer provider principally uses only Spanish and Vietnamese to advertise, solicit, or market remittance transfer services at a particular office. The remittance transfer provider may provide all senders with disclosures in English, Spanish, and Vietnamese, regardless of the language the sender uses with the remittance transfer provider to conduct the transaction or assert an error. ii. Same facts as i. If a sender primarily uses Spanish with the remittance transfer provider to conduct a transaction or assert an error, the remittance transfer provider may provide a written or electronic disclosure in English and Spanish, whether in a single document or two separate documents. If the sender primarily uses English with the remittance transfer provider to conduct the transaction or assert an error, the remittance transfer provider may provide a written or electronic disclosure solely in English. If the sender primarily uses a foreign language with the remittance transfer provider to conduct the transaction or assert an error that the remittance transfer provider does not use to advertise, solicit, or market either orally, in writing, or electronically, at the office in which the sender conducts the transaction or asserts the error, respectively, the remittance transfer provider may provide a written or electronic disclosure solely in English. 2. Primarily used. The language primarily used by the sender with the remittance transfer provider to conduct the transaction is the primary language used by the sender with the remittance transfer provider to convey the information necessary to complete the transaction. Similarly, the language primarily used by the sender with the remittance transfer provider to assert the error is the primary language used by the sender with the remittance transfer provider to provide the information required by §1005.33(b) to assert an error. For example: i. A sender initiates a conversation with a remittance transfer provider with a greeting in English and expresses interest in sending a remittance transfer to Mexico in English. If the remittance transfer provider thereafter communicates with the sender in Spanish and the sender conveys the other information needed to complete the transaction, including the designated recipient's information and the amount and funding source of the transfer, in Spanish, then Spanish is the language primarily used by the sender with the remittance transfer provider to conduct the transaction. ii. A sender initiates a conversation with the remittance transfer provider with a greeting in English and states in English that there was a problem with a prior remittance transfer to Vietnam. If the remittance transfer provider thereafter communicates with the sender in Vietnamese and the sender uses Vietnamese to convey the information required by §1005.33(b) to assert an error, then Vietnamese is the language primarily used by the sender with the remittance transfer provider to assert the error. iii. A sender accesses the Web site of a remittance transfer provider that may be used by senders to conduct remittance transfers or assert errors. The Web site is offered in English and French. If the sender uses the French version of the Web site to conduct the remittance transfer, then French is the language primarily used by the sender with the remittance transfer provider to conduct the transaction. 31(g)(1) General 1. Principally used. i. All relevant facts and circumstances determine whether a foreign language is principally used by the remittance transfer provider to advertise, solicit, or market under §1005.31(g)(1). Generally, whether a foreign language is considered to be principally used by the remittance transfer provider to advertise, solicit, or market is based on: A. The frequency with which the foreign language is used in advertising, soliciting, or marketing of remittance transfer services at that office; B. The prominence of the advertising, soliciting, or marketing of remittance transfer services in that foreign language at that office; and C. The specific foreign language terms used in the advertising soliciting, or marketing of remittance transfer service at that office. ii. For example, if a remittance transfer provider posts several prominent advertisements in a foreign language for remittance transfer services, including rate and fee information, on a consistent basis in an office, the provider is creating an expectation that a consumer could receive information on remittance transfer services in the foreign language used in the advertisements. The foreign language used in such advertisements would be considered to be principally used at that office based on the frequency and prominence of the advertising. In contrast, an advertisement for remittance transfer services, including rate and fee information, that is featured prominently at an office and is entirely in English, except for a greeting in a foreign language, does not create an expectation that a consumer could receive information on remittance transfer services in the foreign language used for such greeting. The foreign language used in such an advertisement is not considered to be principally used at that office based on the incidental specific foreign language term used. 2. Advertise, solicit, or market. i. Any commercial message in a foreign language, appearing in any medium, that promotes directly or indirectly the availability of remittance transfer services constitutes advertising, soliciting, or marketing in such foreign language for purposes of §1005.31(g)(1). Examples illustrating when a foreign language is used to advertise, solicit, or market include: A. Messages in a foreign language in a leaflet or promotional flyer at an office. B. Announcements in a foreign language on a public address system at an office. C. On-line messages in a foreign language, such as on the internet. D. Printed material in a foreign language on any exterior or interior sign at an office. E. Point-of-sale displays in a foreign language at an office. F. Telephone solicitations in a foreign language. ii. Examples illustrating use of a foreign language for purposes other than to advertise, solicit, or market include: A. Communicating in a foreign language (whether by telephone, electronically, or otherwise) about remittance transfer services in response to a consumer-initiated inquiry. B. Making disclosures in a foreign language that are required by Federal or other applicable law. 3. Office. An office includes any physical location, telephone number, or Web site of a remittance transfer provider where a sender may conduct a remittance transfer or assert an error for a remittance transfer. The location need not exclusively offer remittance transfer services. For example, if an agent of a remittance transfer provider is located in a grocery store, the grocery store is considered an office for purposes of §1005.31(g)(1). Because a consumer must be located in a State in order to be considered a “sender” under §1005.30(g), a Web site is not an office for purposes of §1005.31(g)(1), even if the Web site can be accessed by consumers that are located in the United States, unless a sender may conduct a remittance transfer on the Web site or may assert an error for a remittance transfer on the Web site. 4. At the office. Any advertisement, solicitation, or marketing is considered to be made at the office in which a sender conducts a transaction or asserts an error if such advertisement, solicitation, or marketing is posted, provided, or made: at a physical office of a remittance transfer provider; on a Web site of a remittance transfer provider that may be used by senders to conduct remittance transfers or assert errors; during a telephone call with a remittance transfer provider that may be used by senders to conduct remittance transfers or assert errors; or via mobile application or text message by a remittance transfer provider if the mobile application or text message may be used by senders to conduct remittance transfers or assert errors. An advertisement, solicitation, or marketing that is considered to be made at an office does not include general advertisements, solicitations, or marketing that are not intended to be made at a particular office. For example, if an advertisement for remittance transfers in Chinese appears in a Chinese newspaper that is being distributed at a grocery store in which the agent of a remittance transfer provider is located, such advertisement would not be considered to be made at that office. For disclosures provided pursuant to §1005.31, the relevant office is the office in which the sender conducts the transaction. For disclosures provided pursuant to §1005.33 for error resolution purposes, the relevant office is the office in which the sender first asserts the error, not the office where the transaction was conducted. Section 1005.32—Estimates 1. Disclosures where estimates can be used. Sections 1005.32(a) and (b)(1) permit estimates to be used in certain circumstances for disclosures described in §§1005.31(b)(1) through (3) and 1005.36(a)(1) and(2). To the extent permitted in §1005.32(a) and (b)(1), estimates may be used in the pre-payment disclosure described in §1005.31(b)(1), the receipt disclosure described in §1005.31(b)(2), the combined disclosure described in §1005.31(b)(3), and the pre-payment disclosures and receipt disclosures for both first and subsequent preauthorized remittance transfers described in §1005.36(a)(1) and (a)(2). Section 1005.32(b)(2) permits estimates to be used for certain information if the remittance transfer is scheduled by a sender five or more business days before the date of the transfer, for disclosures described in §1005.36(a)(1)(i) and (a)(2)(i). 32(a) Temporary Exception for Insured Institutions 32(a)(1) General 1. Control. For purposes of this section, an insured institution cannot determine exact amounts “for reasons beyond its control” when a person other than the insured institution or with which the insured institution has no correspondent relationship sets the exchange rate required to be disclosed under §1005.31(b)(1)(iv) or imposes a covered third-party fee required to be disclosed under §1005.31(b)(1)(vi). For example, if an insured institution has a correspondent relationship with an intermediary financial institution in another country and that intermediary institution sets the exchange rate or imposes a fee for remittance transfers sent from the insured institution to the intermediary institution, then the insured institution must determine exact amounts for the disclosures required under §1005.31(b)(1)(iv) or (vi), because the determination of those amounts are not beyond the insured institution's control. 2. Examples of scenarios that qualify for the temporary exception. The following examples illustrate when an insured institution cannot determine an exact amount “for reasons beyond its control” and thus would qualify for the temporary exception. i. Exchange rate. An insured institution cannot determine the exact exchange rate to disclose under §1005.31(b)(1)(iv) for an international wire transfer if the insured institution does not set the exchange rate, and the rate is set when the funds are deposited into the recipient's account by the designated recipient's institution with which the insured institution does not have a correspondent relationship. The insured institution will not know the exchange rate that the recipient institution will apply when the funds are deposited into the recipient's account. ii. Covered third-party fees. An insured institution cannot determine the exact covered third-party fees to disclose under §1005.31(b)(1)(vi) if an intermediary institution with which the insured institution does not have a correspondent relationship, imposes a transfer or conversion fee. 3. Examples of scenarios that do not qualify for the temporary exception. The following examples illustrate when an insured institution can determine exact amounts and thus would not qualify for the temporary exception. i. Exchange rate. An insured institution can determine the exact exchange rate required to be disclosed under §1005.31(b)(1)(iv) if it converts the funds into the local currency to be received by the designated recipient using an exchange rate that it sets. The determination of the exchange rate is in the insured institution's control even if there is no correspondent relationship with an intermediary institution in the transmittal route or the designated recipient's institution. ii. Covered third-party fees. An insured institution can determine the exact covered third-party fees required to be disclosed under §1005.31(b)(1)(vi) if it has agreed upon the specific fees with an intermediary correspondent institution, and this correspondent institution is the only institution in the transmittal route to the designated recipient's institution. 32(b) Permanent Exceptions 32(b)(1) Permanent Exceptions for Transfers to Certain Countries 1. Laws of the recipient country. The laws of the recipient country do not permit a remittance transfer provider to determine exact amounts required to be disclosed when a law or regulation of the recipient country requires the person making funds directly available to the designated recipient to apply an exchange rate that is: i. Set by the government of the recipient country after the remittance transfer provider sends the remittance transfer or ii. Set when the designated recipient receives the funds. 2. Example illustrating when exact amounts can and cannot be determined because of the laws of the recipient country. i. The laws of the recipient country do not permit a remittance transfer provider to determine the exact exchange rate required to be disclosed under §1005.31(b)(1)(iv) when, for example, the government of the recipient country, on a daily basis, sets the exchange rate that must, by law, apply to funds received and the funds are made available to the designated recipient in the local currency the day after the remittance transfer provider sends the remittance transfer. ii. In contrast, the laws of the recipient country permit a remittance transfer provider to determine the exact exchange rate required to be disclosed under §1005.31(b)(1)(iv) when, for example, the government of the recipient country ties the value of its currency to the U.S. dollar. 3. Method by which transactions are made in the recipient country. The method by which transactions are made in the recipient country does not permit a remittance transfer provider to determine exact amounts required to be disclosed when transactions are sent via international ACH on terms negotiated between the United States government and the recipient country's government, under which the exchange rate is a rate set by the recipient country's central bank or other governmental authority after the provider sends the remittance transfer. 4. Example illustrating when exact amounts can and cannot be determined because of the method by which transactions are made in the recipient country. i. The method by which transactions are made in the recipient country does not permit a remittance transfer provider to determine the exact exchange rate required to be disclosed under §1005.31(b)(1)(iv) when the provider sends a remittance transfer via international ACH on terms negotiated between the United States government and the recipient country's government, under which the exchange rate is a rate set by the recipient country's central bank on the business day after the provider has sent the remittance transfer. ii. In contrast, a remittance transfer provider would not qualify for the §1005.32(b)(1)(i)(B) methods exception if it sends a remittance transfer via international ACH on terms negotiated between the United States government and a private-sector entity or entities in the recipient country, under which the exchange rate is set by the institution acting as the entry point to the recipient country's payments system on the next business day. However, a remittance transfer provider sending a remittance transfer using such a method may qualify for the §1005.32(a) temporary exception. iii. A remittance transfer provider would not qualify for the §1005.32(b)(1)(i)(B) methods exception if, for example, it sends a remittance transfer via international ACH on terms negotiated between the United States government and the recipient country's government, under which the exchange rate is set by the recipient country's central bank or other governmental authority before the sender requests a transfer. 5. Safe harbor list. If a country is included on a safe harbor list published by the Bureau under §1005.32(b)(1)(ii), a remittance transfer provider may provide estimates of the amounts to be disclosed under §1005.31(b)(1)(iv) through (b)(1)(vii). If a country does not appear on the Bureau's list, a remittance transfer provider may provide estimates under §1005.32(b)(1)(i) if the provider determines that the recipient country does not legally permit or method by which transactions are conducted in that country does not permit the provider to determine exact disclosure amounts. 6. Reliance on Bureau list of countries. A remittance transfer provider may rely on the list of countries published by the Bureau to determine whether the laws of a recipient country do not permit the remittance transfer provider to determine exact amounts required to be disclosed under §1005.31(b)(1)(iv) through (vii). Thus, if a country is on the Bureau's list, the provider may give estimates under this section, unless a remittance transfer provider has information that a country on the Bureau's list legally permits the provider to determine exact disclosure amounts. 7. Change in laws of recipient country. i. If the laws of a recipient country change such that a remittance transfer provider can determine exact amounts, the remittance transfer provider must begin providing exact amounts for the required disclosures as soon as reasonably practicable if the provider has information that the country legally permits the provider to determine exact disclosure amounts. ii. If the laws of a recipient country change such that a remittance transfer provider cannot determine exact disclosure amounts, the remittance transfer provider may provide estimates under §1005.32(b)(1)(i), even if that country does not appear on the list published by the Bureau. 32(b)(2) Permanent Exceptions for Transfers Scheduled Before the Date of Transfer 1. Fixed amount of foreign currency. The following is an example of when and how a remittance transfer provider may disclose estimates for remittance transfers scheduled five or more business days before the date of transfer where the provider agrees to the sender's request to fix the amount to be transferred in a currency in which the transfer will be received and not the currency in which it was funded. If on February 1, a sender schedules a 1000 Euro wire transfer to be sent from the sender's bank account denominated in U.S. dollars to a designated recipient on February 15, §1005.32(b)(2) allows the provider to estimate the amount that will be transferred to the designated recipient (i.e., the amount described in §1005.31(b)(1)(i)), any fees imposed or taxes collected on the remittance transfer by the provider (if based on the amount transferred) (i.e., the amount described in §1005.31(b)(1)(ii)), and the total amount of the transaction (i.e., the amount described in §1005.31(b)(1)(iii)). The provider may also estimate any covered third-party fees if the exchange rate is also estimated and the estimated exchange rate affects the amount of fees (as allowed by §1005.32(b)(2)(ii)). 2. Relationship to §1005.10(d). To the extent §1005.10(d) requires, for an electronic fund transfer that is also a remittance transfer, notice when a preauthorized electronic fund transfer from the consumer's account will vary in amount from the previous transfer under the same authorization or from the preauthorized amount, that provision applies even if subpart B would not otherwise require notice before the date of transfer. However, insofar as §1005.10(d) does not specify the form of such notice, a notice sent pursuant to §1005.36(a)(2)(i) will satisfy §1005.10(d) as long as the timing requirements of §1005.10(d) are satisfied. 32(b)(3) Permanent Exception for Optional Disclosure of Non-Covered Third-Party Fees and Taxes Collected on the Remittance Transfer by a Person Other Than the Provider 1. Reasonable sources of information. Pursuant to §1005.32(b)(3) a remittance transfer provider may estimate applicable non-covered third-party fees and taxes collected on the remittance transfer by a person other than the provider using reasonable sources of information. Reasonable sources of information may include, for example: information obtained from recent transfers to the same institution or the same country or region; fee schedules from the recipient institution; fee schedules from the recipient institution's competitors; surveys of recipient institution fees in the same country or region as the recipient institution; information provided or surveys of recipient institutions' regulators or taxing authorities; commercially or publicly available databases, services or sources; and information or resources developed by international nongovernmental organizations or intergovernmental organizations. 32(c) Bases for Estimates 32(c)(1) Exchange Rate 1. Most recent exchange rate for qualifying international ACH transfers. If the exchange rate for a remittance transfer sent via international ACH that qualifies for the §1005.32(b)(1)(i)(B) exception is set the following business day, the most recent exchange rate available for a transfer is the exchange rate set for the day that the disclosure is provided, i.e., the current business day's exchange rate. 2. Publicly available. Examples of publicly available sources of information containing the most recent wholesale exchange rate for a currency include U.S. news services, such as Bloomberg, the Wall Street Journal, and the New York Times; a recipient country's national news services, and a recipient country's central bank or other government agency. 3. Spread. An estimate for disclosing the exchange rate based on the most recent publicly available wholesale exchange rate must also reflect any spread the remittance transfer provider typically applies to the wholesale exchange rate for remittance transfers for a particular currency. 4. Most recent. For the purposes of §1005.32(c)(1)(ii) and (iii), if the exchange rate with respect to a particular currency is published or provided multiple times throughout the day because the exchange rate fluctuates throughout the day, a remittance transfer provider may use any exchange rate available on that day to determine the most recent exchange rate. 32(c)(3) Covered Third-Party Fees 1. Potential transmittal routes. A remittance transfer from the sender's account at an insured institution to the designated recipient's institution may take several routes, depending on the correspondent relationships each institution in the transmittal route has with other institutions. In providing an estimate of the fees required to be disclosed under §1005.31(b)(1)(vi) pursuant to the §1005.32(a) temporary exception, an insured institution may rely upon the representations of the designated recipient's institution and the institutions that act as intermediaries in any one of the potential transmittal routes that it reasonably believes a requested remittance transfer may travel. 32(d) Bases for Estimates for Transfers Scheduled Before the Date of Transfer 1. In general. When providing an estimate pursuant to §1005.32(b)(2), §1005.32(d) requires that a remittance transfer provider's estimated exchange rate must be the exchange rate (or estimated exchange rate) that the remittance transfer provider would have used or did use that day in providing disclosures to a sender requesting such a remittance transfer to be made on the same day. If, for the same-day remittance transfer, the provider could utilize either of the other two exceptions permitting the provision of estimates in §1005.32(a) or (b)(1), the provider may provide estimates based on a methodology permitted under §1005.32(c). For example, if, on February 1, the sender schedules a remittance transfer to occur on February 10, the provider should disclose the exchange rate as if the sender was requesting the transfer be sent on February 1. However, if at the time payment is made for the requested transfer, the remittance transfer provider could not send any remittance transfer until the next day (for reasons such as the provider's deadline for the batching of transfers), the remittance transfer provider can use the rate (or estimated exchange rate) that the remittance transfer provider would have used or did use in providing disclosures that day with respect to a remittance transfer requested that day that could not be sent until the following day. Section 1005.33—Procedures for Resolving Errors 1. Incorrect amount of currency paid by sender. Section 1005.33(a)(1)(i) covers circumstances in which a sender pays an amount that differs from the total amount of the transaction, including fees imposed in connection with the transfer, stated in the receipt or combined disclosure provided under §1005.31(b)(2) or (3). Such error may be asserted by a sender regardless of the form or method of payment provided, including when a debit, credit, or prepaid card is used to fund the transfer and an excess amount is paid. For example, if a remittance transfer provider incorrectly charged a sender's credit card account for US$150, and US$120 was sent, plus a transfer fee of US$10, the sender could assert an error with the remittance transfer provider for the incorrect charge under §1005.33(a)(1)(i). 2. Incorrect amount of currency received—coverage. Section 1005.33(a)(1)(iii) covers circumstances in which the designated recipient receives an amount of currency that differs from the amount of currency identified on the disclosures provided to the sender, except where the disclosure stated an estimate of the amount of currency to be received in accordance with §1005.32 and the difference results from application of the actual exchange rate, fees, and taxes, rather than any estimated amounts, or the failure was caused by circumstances outside the remittance transfer provider's control. A designated recipient may receive an amount of currency that differs from the amount of currency disclosed, for example, if an exchange rate other than the disclosed rate is applied to the remittance transfer, or if the provider fails to account for fees or taxes that may be imposed by the provider or a third party before the transfer is picked up by the designated recipient or deposited into the recipient's account in the foreign country. However, if the provider rounds the exchange rate used to calculate the amount received consistent with §1005.31(b)(1)(iv) and comment 31(b)(1)(iv)-2 for the disclosed rate, there is no error if the designated recipient receives an amount of currency that results from applying the exchange rate used, prior to any rounding of the exchange rate, to calculate fees, taxes, or the amount received rather than the disclosed rate. Section 1005.33(a)(1)(iii) also covers circumstances in which the remittance transfer provider transmits an amount that differs from the amount requested by the sender. 3. Incorrect amount of currency received—examples. For purposes of the following examples illustrating the error for an incorrect amount of currency received under §1005.33(a)(1)(iii), assume that none of the circumstances permitting an estimate under §1005.32 apply (unless otherwise stated). i. A consumer requests to send funds to a relative in Mexico to be received in local currency. Upon receiving the sender's payment, the remittance transfer provider provides a receipt indicating that the amount of currency that will be received by the designated recipient will be 1180 Mexican pesos, after fees and taxes are applied. However, when the relative picks up the transfer in Mexico a day later, he only receives 1150 Mexican pesos because the exchange rate applied by the recipient agent in Mexico was lower than the exchange rate used by the provider, prior to any rounding of the exchange rate, to disclose the amount of currency to be received by the designated recipient on the receipt. Because the designated recipient has received less than the amount of currency disclosed on the receipt, an error has occurred. ii. A consumer requests to send funds to a relative in Colombia to be received in local currency. The remittance transfer provider provides the sender a receipt stating an amount of currency that will be received by the designated recipient, which does not reflect the additional foreign taxes that will be collected in Colombia on the transfer but does include the statement required by §1005.31(b)(1)(viii). If the designated recipient will receive less than the amount of currency disclosed on the receipt due solely to the additional foreign taxes that the provider was not required to disclose, no error has occurred. iii. Same facts as in ii., except that the receipt provided by the remittance transfer provider does not reflect additional fees that are imposed by the receiving agent in Colombia on the transfer. Because the designated recipient will receive less than the amount of currency disclosed in the receipt due to the additional covered third-party fees, an error has occurred. iv. A consumer requests to send US$250 to a relative in India to a U.S. dollar-denominated account held by the relative at an Indian bank. Instead of the US$250 disclosed on the receipt as the amount to be sent, the remittance transfer provider sends US$200, resulting in a smaller deposit to the designated recipient's account than was disclosed as the amount to be received after fees and taxes. Because the designated recipient received less than the amount of currency that was disclosed, an error has occurred. v. A consumer requests to send US$100 to a relative in a foreign country to be received in local currency. The remittance transfer provider provides the sender a receipt that discloses an estimated exchange rate, other taxes, and amount of currency that will be received due to the law in the foreign country requiring that the exchange rate be set by the foreign country's central bank. When the relative picks up the remittance transfer, the relative receives less currency than the estimated amount disclosed to the sender on the receipt due to application of the actual exchange rate, fees, and taxes, rather than any estimated amounts. Because §1005.32(b) permits the remittance transfer provider to disclose an estimate of the amount of currency to be received, no error has occurred unless the estimate was not based on an approach set forth under §1005.32(c). vi. A sender requests that his bank send US$120 to a designated recipient's account at an institution in a foreign country. The foreign institution is not an agent of the provider. Only US$100 is deposited into the designated recipient's account because the recipient institution imposed a US$20 incoming wire fee and deducted the fee from the amount transferred. Because this fee is a non-covered third-party fee that the provider is not required to disclose under §1005.31(b)(1)(vi), no error has occurred if the provider provided the disclosure required by §1005.31(b)(1)(viii). 4. Incorrect amount of currency received—extraordinary circumstances. Under §1005.33(a)(1)(iii)(B), a remittance transfer provider's failure to make available to a designated recipient the amount of currency disclosed pursuant to §1005.31(b)(1)(vii) and stated in the disclosure provided pursuant to §1005.31(b)(2) or (3) for the remittance transfer is not an error if such failure was caused by extraordinary circumstances outside the remittance transfer provider's control that could not have been reasonably anticipated. Examples of extraordinary circumstances outside the remittance transfer provider's control that could not have been reasonably anticipated under §1005.33(a)(1)(iii)(B) include circumstances such as war or civil unrest, natural disaster, garnishment or attachment of some of the funds after the transfer is sent, and government actions or restrictions that could not have been reasonably anticipated by the remittance transfer provider, such as the imposition of foreign currency controls or foreign taxes unknown at the time the receipt or combined disclosure is provided under §1005.31(b)(2) or (3). 5. Failure to make funds available by disclosed date of availability—coverage. Section 1005.33(a)(1)(iv) generally covers disputes about the failure to make funds available in connection with a remittance transfer to a designated recipient by the disclosed date of availability. If only a portion of the funds were made available by the disclosed date of availability, then §1005.33(a)(1)(iv) does not apply, but §1005.33(a)(1)(iii) may apply instead. The following are examples of errors for failure to make funds available by the disclosed date of availability (assuming that none of the exceptions in §1005.33(a)(1)(iv)(A), (B), or (C) apply). i. Late or non-delivery of a remittance transfer; ii. Delivery of funds to the wrong account; iii. The fraudulent pick-up of a remittance transfer in a foreign country by a person other than the designated recipient; iv. The recipient agent or institution's retention of the remittance transfer, instead of making the funds available to the designated recipient. 6. Failure to make funds available by disclosed date of availability—extraordinary circumstances. Under §1005.33(a)(1)(iv)(A), a remittance transfer provider's failure to deliver or transmit a remittance transfer by the disclosed date of availability is not an error if such failure was caused by extraordinary circumstances outside the remittance transfer provider's control that could not have been reasonably anticipated. Examples of extraordinary circumstances outside the remittance transfer provider's control that could not have been reasonably anticipated under §1005.33(a)(1)(iv)(A) include circumstances such as war or civil unrest, natural disaster, garnishment or attachment of funds after the transfer is sent, and government actions or restrictions that could not have been reasonably anticipated by the remittance transfer provider, such as the imposition of foreign currency controls. 7. Failure to make funds available by disclosed date of availability—fraud and other screening procedures. Under §1005.33(a)(1)(iv)(B), a remittance transfer provider's failure to deliver funds by the disclosed date of availability is not an error if such delay is related to the provider's or any third party's investigation necessary to address potentially suspicious, blocked or prohibited activity, and the provider did not and could not have reasonably foreseen the delay so as to enable it to timely disclose an accurate date of availability when providing the sender with a receipt or combined disclosure. For example, no error occurs if delivery of funds is delayed because, after the receipt is provided, the provider's fraud screening system flags a remittance transfer because the designated recipient has a name similar to the name of a blocked person under a sanctions program and further investigation is needed to determine that the designated recipient is not actually a blocked person. Similarly, no error occurs where, after disclosing a date of availability to the sender, a remittance transfer provider receives specific law enforcement information indicating that the characteristics of a remittance transfer match a pattern of fraudulent activity, and as a result, the provider deems it necessary to delay delivery of the funds to allow for further investigation. However, if a delay could have been reasonably foreseen, the exception in §1005.33(a)(1)(iv)(B) would not apply. For example, if a provider knows in time to make a disclosure that all remittance transfers to a certain geographic area must undergo screening procedures that routinely delay such transfers by two days, the provider's failure to include the additional two days in its disclosure of the date of availability constitutes an error if delivery of the funds is indeed delayed beyond the disclosed date of availability. 8. Sender account number or recipient institution identifier error. The exception in §1005.33(a)(1)(iv)(D) applies where a sender gives the remittance transfer provider an incorrect account number or recipient institution identifier and all five conditions in §1005.33(h) are satisfied. The exception does not apply, however, where the failure to make funds available is the result of a mistake by a provider or a third party or due to incorrect or insufficient information provided by the sender other than an incorrect account number or recipient institution identifier, such as an incorrect name of the recipient institution. 9. Account number or recipient institution identifier. For purposes of the exception in §1005.33(a)(1)(iv)(D), the terms account number and recipient institution identifier refer to alphanumerical account or institution identifiers other than names or addresses, such as account numbers, routing numbers, Canadian transit numbers, International Bank Account Numbers (IBANs), Business Identifier Codes (BICs) and other similar account or institution identifiers used to route a transaction. In addition and for purposes of this exception, the term designated recipient's account in §1005.33(a)(1)(iv)(D) refers to an asset account, regardless of whether it is a consumer asset account, established for any purpose and held by a bank, savings association, credit union, or equivalent institution. A designated recipient's account does not, however, include a credit card, prepaid card, or a virtual account held by an Internet-based or mobile telephone company that is not a bank, savings association, credit union or equivalent institution. 10. Recipient-requested changes. Under §1005.33(a)(2)(iii), a change requested by the designated recipient that the remittance transfer provider or others involved in the remittance transfer decide to accommodate is not considered an error. The exception under §1005.33(a)(2)(iii) is available only if the change is made solely because the designated recipient requested the change. For example, if a sender requests to send US$100 to a designated recipient at a designated location, but the designated recipient requests the amount in a different currency (either at the sender-designated location or another location requested by the recipient) and the remittance transfer provider accommodates the recipient's request, the change does not constitute an error. 11. Change from disclosure made in reliance on sender information. Under the commentary accompanying §1005.31, the remittance transfer provider may rely on the sender's representations in making certain disclosures. See, e.g., comments 31(b)(1)(iv)-1 and 31(b)(1)(vi)-1. For example, suppose a sender requests U.S. dollars to be deposited into an account of the designated recipient and represents that the account is U.S. dollar-denominated. If the designated recipient's account is actually denominated in local currency and the recipient account-holding institution must convert the remittance transfer into local currency in order to deposit the funds and complete the transfer, the change in currency does not constitute an error pursuant to §1005.33(a)(2)(iv). 33(b) Notice of Error From Sender 1. Person asserting or discovering error. The error resolution procedures of this section apply only when a notice of error is received from the sender, and not when a notice of error is received from the designated recipient or when the remittance transfer provider itself discovers and corrects an error. 2. Content of error notice. The notice of error is effective so long as the remittance transfer provider is able to identify the elements in §1005.33(b)(1)(ii). For example, the sender could provide the confirmation number or code that would be used by the designated recipient to pick up the transfer, or other identification number or code supplied by the remittance transfer provider in connection with the transfer, if such number or code is sufficient for the remittance transfer provider to identify the sender (and contact information), designated recipient, and the transfer in question. For an account-based remittance transfer, the notice of error is effective even if it does not contain the sender's account number, so long as the remittance transfer provider is able to identify the account and the transfer in question. 3. Address on notice of error. A remittance transfer provider may request, or a sender may provide, the sender's or designated recipient's email address, as applicable, instead of a physical address, on a notice of error. 4. Effect of late notice. A remittance transfer provider is not required to comply with the requirements of this section for any notice of error from a sender that is received by the provider more than 180 days from the disclosed date of availability of the remittance transfer to which the notice of error applies or, if applicable, more than 60 days after a provider sent documentation, additional information, or clarification requested by the sender, provided such date is later than 180 days after the disclosed date of availability. 5. Notice of error provided to agent. A notice of error provided by a sender to an agent of the remittance transfer provider is deemed to be received by the provider under §1005.33(b)(1)(i) when received by the agent. 6. Consumer notice of error resolution rights. Section 1005.31 requires a remittance transfer provider to include an abbreviated notice of the consumer's error resolution rights on the receipt or combined notice provided under §1005.31(b)(2) or (3). In addition, the remittance transfer provider must make available to a sender upon request, a notice providing a full description of the sender's error resolution rights, using language set forth in Appendix A of this part (Model Form A-36) or substantially similar language. 1. Notice to sender of finding of error. If the remittance transfer provider determines during its investigation that an error occurred as described by the sender, the remittance provider may inform the sender of its findings either orally or in writing. However, if the provider determines that no error or a different error occurred, the provider must provide a written explanation of its findings under §1005.33(d)(1). 2. Incorrect or insufficient information provided for transfer. The remedy in §1005.33(c)(2)(iii) applies if a remittance transfer provider's failure to make funds in connection with a remittance transfer available to a designated recipient by the disclosed date of availability occurred because the sender provided incorrect or insufficient information in connection with the transfer, such as by erroneously identifying the designated recipient's address or by providing insufficient information such that the entity distributing the funds cannot identify the correct designated recipient. A sender is not considered to have provided incorrect or insufficient information for purposes of §1005.33(c)(2)(iii) if the provider discloses the incorrect location where the transfer may be picked up, gives the wrong confirmation number/code for the transfer, or otherwise miscommunicates information necessary for the designated recipient to pick-up the transfer. The remedies in §1005.33(c)(2)(iii) do not apply if the sender provided an incorrect account number or recipient institution identifier and the provider has met the requirements of §1005.33(h) because under §1005.33(a)(1)(iv)(D) no error would have occurred. See §1005.33(a)(1)(iv)(D) and comment 33(a)-7. 3. Designation of requested remedy. Under §1005.33(c)(2)(ii), the sender may generally choose to obtain a refund of funds that were not properly transmitted or delivered to the designated recipient or, request redelivery of the amount appropriate to correct the error at no additional cost unless the error is determined to have occurred because the sender provided incorrect or insufficient information. Upon receiving the sender's request, the remittance transfer provider shall correct the error within one business day, or as soon as reasonably practicable, applying the same exchange rate, fees, and taxes stated in the disclosure provided under §1005.31(b)(2) or (3), if the sender requests delivery of the amount appropriate to correct the error and the error did not occur because the sender provided incorrect or insufficient information. The provider may also request that the sender indicate the preferred remedy at the time the sender provides notice of the error although if provider does so, it should indicate that the if the sender chooses a resend at the time, the remedy may be unavailable if the error occurred because the sender provided incorrect or insufficient information. However, if the sender does not indicate the desired remedy at the time of providing notice of error, the remittance transfer provider must notify the sender of any available remedies in the report provided under §1005.33(c)(1) or (d)(1) if the provider determines an error occurred. 4. Default remedy. Unless the sender provided incorrect or insufficient information and §1005.33(c)(2)(iii) applies, the remittance transfer provider may set a default remedy that the provider will provide if the sender does not designate a remedy within a reasonable time after the sender receives the report provided under §1005.33(c)(1). A provider that permits a sender to designate a remedy within 10 days after the provider has sent the report provided under §1005.33(c)(1) or (d)(1) before imposing the default remedy is deemed to have provided the sender with a reasonable time to designate a remedy. In the case a default remedy is provided, the provider must correct the error within one business day, or as soon as reasonably practicable, after the reasonable time for the sender to designate the remedy has passed, consistent with §1005.33(c)(2). 5. Amount appropriate to resolve the error. For purposes of the remedies set forth in §1005.33(c)(2)(i)(A), (c)(2)(i)(B), (c)(2)(ii)(A)(1), and (c)(2)(i)(A)(2) the amount appropriate to resolve the error is the specific amount of transferred funds that should have been received if the remittance transfer had been effected without error. The amount appropriate to resolve the error does not include consequential damages. For example, when the amount that was disclosed pursuant to §1005.31(b)(1)(vii) was received by the designated recipient before the provider must determine the appropriate remedy for an error under §1005.33(a)(1)(iv), no additional amounts are required to resolve the error after the remittance transfer provider refunds the appropriate fees and taxes paid by the sender pursuant to §1005.33(c)(2)(ii)(B) or (c)(2)(iii), as applicable. 6. Form of refund. For a refund provided under §1005.33(c)(2)(i)(A), (c)(2)(ii)(A)(1), (c)(2)(ii)(B), or (c)(2)(iii), a remittance transfer provider may generally, at its discretion, issue a refund either in cash or in the same form of payment that was initially provided by the sender for the remittance transfer. For example, if the sender originally provided a credit card as payment for the transfer, the remittance transfer provider may issue a credit to the sender's credit card account in the appropriate amount. However, if a sender initially provided cash for the remittance transfer, a provider may issue a refund by check. For example, if the sender originally provided cash as payment for the transfer, the provider may mail a check to the sender in the amount of the payment. 7. Remedies for incorrect amount paid. If an error under §1005.33(a)(1)(i) occurred, the sender may request the remittance transfer provider refund the amount necessary to resolve the error under §1005.33(c)(2)(i)(A) or that the remittance transfer provider make the amount necessary to resolve the error available to the designated recipient at no additional cost under §1005.33(c)(2)(i)(B). 8. Correction of an error if funds not available by disclosed date. If the remittance transfer provider determines an error of failure to make funds available by the disclosed date occurred under §1005.33(a)(1)(iv), it must correct the error in accordance with §1005.33(c)(2)(ii)(A), as applicable, and refund any fees imposed for the transfer (unless the sender provided incorrect or insufficient information to the remittance transfer provider in connection with the remittance transfer), whether the fee was imposed by the provider or a third party involved in sending the transfer, such as an intermediary bank involved in sending a wire transfer or the institution from which the funds are picked up in accordance with §1005.33(c)(2)(ii)(B). 9. Charges for error resolution. If an error occurred, whether as alleged or in a different amount or manner, the remittance transfer provider may not impose a charge related to any aspect of the error resolution process (including charges for documentation or investigation). 10. Correction without investigation. A remittance transfer provider may correct an error, without investigation, in the amount or manner alleged by the sender, or otherwise determined, to be in error, but must comply with all other applicable requirements of §1005.33. 11. Procedure for sending a new remittance transfer after a sender provides incorrect or insufficient information. Section 1005.33(c)(2)(iii) generally requires a remittance transfer provider to refund the transfer amount to the sender even if the sender's previously designated remedy was a resend or if the provider's default remedy in other circumstances is a resend. However, if before the refund is processed, the sender receives notice pursuant to §1005.33(c)(1) or (d)(1) that an error occurred because the sender provided incorrect or insufficient information and then requests that the provider send the remittance transfer again, and the provider agrees to that request, §1005.33(c)(2)(iii) requires that the request be treated as a new remittance transfer and the provider must provide new disclosures in accordance with §1005.31 and all other applicable provisions of subpart B. However, §1005.33(c)(2)(iii) does not obligate the provider to agree to a sender's request to send a new remittance transfer. 12. Determining amount of refund. Section 1005.33(c)(2)(iii) permits the provider to deduct from the amount refunded, or applied towards a new transfer, any fees or taxes actually deducted from the transfer amount by a person other than the provider as part of the first unsuccessful remittance transfer attempt or that were deducted in the course of returning the transfer amount to the provider following a failed delivery. However, a provider may not deduct those fees and taxes that will ultimately be refunded to the provider. When the provider deducts fees or taxes from the amount refunded pursuant to §1005.33(c)(2)(iii), the provider must inform the sender of the deduction as part of the notice required by either §1005.33(c)(1) or (d)(1) and the reason for the deduction. The following examples illustrate these concepts. i. A sender instructs a remittance transfer provider to send US$100 to a designated recipient in local currency, for which the provider charges a transfer fee of US$10 (and thus the sender pays the provider $110). The provider's correspondent imposes a fee of US$15 that it deducts from the amount of the transfer. The sender provides incorrect or insufficient information that results in non-delivery of the remittance transfer as requested. Once the provider determines that an error occurred because the sender provided incorrect or insufficient information, the provider must provide the report required by §1005.33(c)(1) or (d)(1) and inform the sender, pursuant to §1005.33(c)(1) or (d)(1), that it will refund US$95 to the sender within three business days, unless the sender chooses to apply the US$95 towards a new remittance transfer and the provider agrees. Of the $95 that is refunded to the sender, $10 reflects the refund of the provider's transfer fee, and $85 reflects the refund of the amount of funds provided by the sender in connection with the transfer which was not properly transmitted. The provider is not required to refund the US$15 fee imposed by the correspondent (unless the $15 will be refunded to the provider by the correspondent). ii. A sender instructs a remittance transfer provider to send US$100 to a designated recipient in a foreign country, for which the provider charges a transfer fee of US$10 (and thus the sender pays the provider US$110) and an intermediary institution charges a lifting fee of US$5, such that the designated recipient is expected to receive only US$95, as indicated in the receipt. If an error occurs because the sender provides incorrect or insufficient information that results in non-delivery of the remittance transfer by the date of availability stated in the disclosure provided to the sender for the remittance transfer under §1005.31(b)(2) or (3), the provider is required to refund, or reapply if requested and the provider agrees, $105 unless the intermediary institution refunds to the provider the US$5 fee. If the sender requests to have the transfer amount applied to a new remittance transfer pursuant to §1005.33(c)(2)(iii) and provides the corrected or additional information, and the remittance transfer provider agrees to a resend remedy, the remittance transfer provider may charge the sender another transfer fee of US$10 to send the remittance transfer again with the corrected or additional information necessary to complete the transfer. Insofar as the resend is an entirely new remittance transfer, the provider must provide a prepayment disclosure and receipt or combined disclosure in accordance with, among other provisions, the timing requirements of §1005.31(f) and the cancellation provision of §1005.34(a). iii. In connection with a remittance transfer, a provider imposes a $15 tax that it then remits to a State taxing authority. An error occurs because the sender provided incorrect or insufficient information that resulted in non-delivery of the transfer to the designated recipient. The provider may deduct $15 from the amount it refunds to the sender pursuant to §1005.33(c)(2)(iii) unless the relevant tax law will result in the $15 tax being refunded to the provider by the State taxing authority because the transfer was not completed. 33(d) Procedures if Remittance Transfer Provider Determines No Error or Different Error Occurred 1. Error different from that alleged. When a remittance transfer provider determines that an error occurred in a manner or amount different from that described by the sender, it must comply with the requirements of both §1005.33(c) and (d), as applicable. The provider may give the notice of correction and the explanation separately or in a combined form. 1. Withdrawal of error; right to reassert. The remittance transfer provider has no further error resolution responsibilities if the sender voluntarily withdraws the notice alleging an error. A sender who has withdrawn an allegation of error has the right to reassert the allegation unless the remittance transfer provider had already complied with all of the error resolution requirements before the allegation was withdrawn. The sender must do so, however, within the original 180-day period from the disclosed date of availability or, if applicable, the 60-day period for a notice of error asserted pursuant to §1005.33(b)(2). 33(f) Relation to Other Laws 1. Concurrent error obligations. A financial institution that is also the remittance transfer provider may have error obligations under both §§1005.11 and 1005.33. For example, if a sender asserts an error under §1005.11 with a remittance transfer provider that holds the sender's account, and the error is not also an error under §1005.33 (such as the omission of an EFT on a periodic statement), then the error-resolution provisions of §1005.11 exclusively apply to the error. However, if a sender asserts an error under §1005.33 with a remittance transfer provider that holds the sender's account, and the error is also an error under §1005.11 (such as when the amount the sender requested to be deducted from the sender's account and sent for the remittance transfer differs from the amount that was actually deducted from the account and sent), then the error-resolution provisions of §1005.33 exclusively apply to the error. 2. Holder in due course. Nothing in this section limits a sender's rights to assert claims and defenses against a card issuer concerning property or services purchased with a credit card under Regulation Z, 12 CFR 1026.12(c)(1), as applicable. 3. Assertion of same error with multiple parties. If a sender receives credit to correct an error of an incorrect amount paid in connection with a remittance transfer from either the remittance transfer provider or account-holding institution (or creditor), and subsequently asserts the same error with another party, that party has no further responsibilities to investigate the error if the error has been corrected. For example, assume that a sender initially asserts an error with a remittance transfer provider with respect to a remittance transfer alleging that US$130 was debited from his checking account, but the sender only requested a remittance transfer for US$100, plus a US$10 transfer fee. If the remittance transfer provider refunds US$20 to the sender to correct the error, and the sender subsequently asserts the same error with his account-holding institution, the account-holding institution has no error resolution responsibilities under Regulation E because the error has been fully corrected. In addition, nothing in this section prevents an account-holding institution or creditor from reversing amounts it has previously credited to correct an error if a sender receives more than one credit to correct the same error. For example, assume that a sender concurrently asserts an error with his or her account-holding institution and remittance transfer provider for the same error, and the sender receives credit from the account-holding institution for the error within 45 days of the notice of error. If the remittance transfer provider subsequently provides a credit of the same amount to the sender for the same error, the account-holding institution may reverse the amounts it had previously credited to the consumer's account, even after the 45-day error resolution period under §1005.11. 33(g) Error Resolution Standards and Recordkeeping Requirements 1. Record retention requirements. As noted in §1005.33(g)(2), remittance transfer providers are subject to the record retention requirements under §1005.13. Therefore, remittance transfer providers must retain documentation, including documentation related to error investigations, for a period of not less than two years from the date a notice of error was submitted to the provider or action was required to be taken by the provider. A remittance transfer provider need not maintain records of individual disclosures that it has provided to each sender; it need only retain evidence demonstrating that its procedures reasonably ensure the sender's receipt of required disclosures and documentation. 33(h) Incorrect Account Number Supplied 1. Reasonable methods of verification. When a sender provides an incorrect recipient institution identifier, §1005.33(h)(2) limits the exception in §1005.33(a)(1)(iv)(D) to situations where the provider used reasonably available means to verify that the recipient institution identifier provided by the sender did correspond to the recipient institution name provided by the sender. Reasonably available means may include accessing a directory of Business Identifier Codes and verifying that the code provided by the sender matches the provided institution name, and, if possible, the specific branch or location provided by the sender. Providers may also rely on other commercially available databases or directories to check other recipient institution identifiers. If reasonable verification means fail to identify that the recipient institution identifier is incorrect, the exception in §1005.33(a)(1)(iv)(D) will apply, assuming that the provider can satisfy the other conditions in §1005.33(h). Similarly, if no reasonably available means exist to verify the accuracy of the recipient institution identifier, §1005.33(h)(2) would be satisfied and thus the exception in §1005.33(a)(1)(iv)(D) also will apply, again assuming the provider can satisfy the other conditions in §1005.33(h). However, where a provider does not employ reasonably available means to verify a recipient institution identifier, §1005.33(h)(2) is not satisfied and the exception in §1005.33(a)(1)(iv)(D) will not apply. 2. Reasonable efforts. Section 1005.33(h)(5) requires a remittance transfer provider to use reasonable efforts to recover the amount that was to be received by the designated recipient. Whether a provider has used reasonable efforts does not depend on whether the provider is ultimately successful in recovering the amount that was to be received by the designated recipient. Under §1005.33(h)(5), if the remittance transfer provider is requested to provide documentation or other supporting information in order for the pertinent institution or authority to obtain the proper authorization for the return of the incorrectly credited amount, reasonable efforts to recover the amount include timely providing any such documentation to the extent that it is available and permissible under law. The following are examples of reasonable efforts: i. The remittance transfer provider promptly calls or otherwise contacts the institution that received the transfer, either directly or indirectly through any correspondent(s) or other intermediaries or service providers used for the particular transfer, to request that the amount that was to be received by the designated recipient be returned, and if required by law or contract, by requesting that the recipient institution obtain a debit authorization from the holder of the incorrectly credited account. ii. The remittance transfer provider promptly uses a messaging service through a funds transfer system to contact institution that received the transfer, either directly or indirectly through any correspondent(s) or other intermediaries or service providers used for the particular transfer, to request that the amount that was to be received by the designated recipient be returned, in accordance with the messaging service's rules and protocol, and if required by law or contract, by requesting that the recipient institution obtain a debit authorization from the holder of the incorrectly credited account. 3. Promptness of Reasonable Efforts. Section 1005.33(h)(5) requires that a remittance transfer provider act promptly in using reasonable efforts to recover the amount that was to be received by the designated recipient. Whether a provider acts promptly to use reasonable efforts depends on the facts and circumstances. For example, if, before the date of availability disclosed pursuant to §1005.31(b)(2)(ii), the sender informs the provider that the sender provided a mistaken account number, the provider will have acted promptly if it attempts to contact the recipient's institution before the date of availability. Section 1005.34—Procedures for Cancellation and Refund of Remittance Transfers 34(a) Sender Right of Cancellation and Refund 1. Content of cancellation request. A request to cancel a remittance transfer is valid so long as the remittance transfer provider is able to identify the remittance transfer in question. For example, the sender could provide the confirmation number or code that would be used by the designated recipient to pick up the transfer or other identification number or code supplied by the remittance transfer provider in connection with the transfer, if such number or code is sufficient for the remittance transfer provider to identify the transfer. A remittance transfer provider may also request, or the sender may provide, the sender's email address instead of a physical address, so long as the remittance transfer provider is able to identify the transfer to which the request to cancel applies. 2. Notice of cancellation right. Section 1005.31 requires a remittance transfer provider to include an abbreviated notice of the sender's right to cancel a remittance transfer on the receipt or combined disclosure given under §1005.31(b)(2) or (3). In addition, the remittance transfer provider must make available to a sender upon request, a notice providing a full description of the right to cancel a remittance transfer using language that is set forth in Model Form A-36 of Appendix A to this part or substantially similar language. 3. Thirty-minute cancellation right. A remittance transfer provider must comply with the cancellation and refund requirements of §1005.34 if the cancellation request is received by the provider no later than 30 minutes after the sender makes payment. The provider may, at its option, provide a longer time period for cancellation. A provider must provide the 30-minute cancellation right regardless of the provider's normal business hours. For example, if an agent closes less than 30 minutes after the sender makes payment, the provider could opt to take cancellation requests through the telephone number disclosed on the receipt. The provider could also set a cutoff time after which the provider will not accept requests to send a remittance transfer. For example, a financial institution that closes at 5:00 p.m. could stop accepting payment for remittance transfers after 4:30 p.m. 4. Cancellation request provided to agent. A cancellation request provided by a sender to an agent of the remittance transfer provider is deemed to be received by the provider under §1005.34(a) when received by the agent. 5. Payment made. For purposes of subpart B, payment is made, for example, when a sender provides cash to the remittance transfer provider or when payment is authorized. 34(b) Time Limits and Refund Requirements 1. Form of refund. At its discretion, a remittance transfer provider generally may issue a refund either in cash or in the same form of payment that was initially provided by the sender for the remittance transfer. For example, if the sender originally provided a credit card as payment for the transfer, the remittance transfer provider may issue a credit to the sender's credit card account in the amount of the payment. However, if a sender initially provided cash for the remittance transfer, a provider may issue a refund by check. For example, if the sender originally provided cash as payment for the transfer, the provider may mail a check to the sender in the amount of the payment. 2. Fees and taxes refunded. If a sender provides a timely request to cancel a remittance transfer, a remittance transfer provider must refund all funds provided by the sender in connection with the remittance transfer, including any fees and, to the extent not prohibited by law, taxes that have been imposed for the transfer, whether the fee or tax was assessed by the provider or a third party, such as an intermediary institution, the agent or bank in the recipient country, or a State or other governmental body. Section 1005.35—Acts of Agents 1. General. Remittance transfer providers must comply with the requirements of subpart B, including, but not limited to, providing the disclosures set forth in §1005.31 and providing any remedies as set forth in §1005.33, even if an agent or other person performs functions for the remittance transfer provider, and regardless of whether the provider has an agreement with a third party that transfers or otherwise makes funds available to a designated recipient. Section 1005.36—Transfers Scheduled Before the Date of Transfer 1. Applicability of subpart B. The requirements set forth in subpart B apply to remittance transfers subject to §1005.36, to the extent that §1005.36 does not modify those requirements. For example, the foreign language disclosure requirements in §1005.31(g) and related commentary continue to apply to disclosures provided in accordance with §1005.36(a)(2). 36(a) Timing 36(a)(2) Subsequent Preauthorized Remittance Transfers 1. Changes in Disclosures. When a sender schedules a series of preauthorized remittance transfers, the provider is generally not required to provide a pre-payment disclosure prior to the date of each subsequent transfer. However, §1005.36(a)(1)(i) requires the provider to provide a pre-payment disclosure and receipt for the first in the series of preauthorized remittance transfers in accordance with the timing requirements set forth in §1005.31(e). While certain information in those disclosures is expressly permitted to be estimated (see §1005.32(b)(2)), other information is not permitted to be estimated, or is limited in how it may be estimated. When any of the information on the most recent receipt provided pursuant to §1005.36(a)(1)(i) or (a)(2)(i), other than the temporal disclosures required by §1005.31(b)(2)(ii) and (b)(2)(vii), is no longer accurate with respect to a subsequent preauthorized remittance transfer for reasons other than as permitted by §1005.32, the provider must provide, within a reasonable time prior to the scheduled date of the next preauthorized remittance transfer, a receipt that complies with §1005.31(b)(2) and which discloses, among the other disclosures required by §1005.31(b)(2), the changed terms. For example, if the provider discloses in the pre-payment disclosure for the first in the series of preauthorized remittance transfers that its fee for each remittance transfer is $20 and, after six preauthorized remittance transfers, the provider increases its fee to $30 (to the extent permitted by contract law), the provider must provide the sender a receipt that complies with §§1005.31(b)(2) and 1005.36(b)(2) within a reasonable time prior to the seventh transfer. Barring a further change, this receipt will apply to transfers after the seventh transfer. Or, if, after the sixth transfer, a tax collected by the provider increases from 1.5% of the amount that will be transferred to the designated recipient to 2.0% of the amount that will be transferred to the designated recipient, the provider must provide the sender a receipt that complies with §§1005.31(b)(2) and 1005.36(b)(2) within a reasonable time prior to the seventh transfer. In contrast, §1005.36(a)(2)(i) does not require an updated receipt where an exchange rate, estimated as permitted by §1005.32(b)(2), changes. 2. Clearly and conspicuously. In order to indicate clearly and conspicuously that the provider's fee has changed as required by §1005.36(a)(2)(i), the provider could, for example, state on the receipt: “Transfer Fees (UPDATED) * * * $30.” To the extent that other figures on the receipt must be revised because of the new fee, the receipt should also indicate that those figures are updated. 3. Reasonable time. If a disclosure required by §1005.36(a)(2)(i) or (d)(1) is mailed, the disclosure would be considered to be received by the sender five business days after it is posted in the mail. If hand delivered or provided electronically, the receipt would be considered to be received by the sender at the time of delivery. Thus, if the provider mails a disclosure required by §1005.36(a)(2)(i) or (d)(1) not later than ten business days before the scheduled date of the transfer, or hand or electronically delivers a disclosure not later than five business days before the scheduled date of the transfer, the provider would be deemed to have provided the disclosure within a reasonable time prior to the scheduled date of the subsequent preauthorized remittance transfer. 36(b) Accuracy 1. Use of estimates. In providing the disclosures described in §1005.36(a)(1)(i) or (a)(2)(i), remittance transfer providers may use estimates to the extent permitted by any of the exceptions in §1005.32. When estimates are permitted, however, they must be disclosed in accordance with §1005.31(d). 2. Subsequent preauthorized remittance transfers. For a subsequent transfer in a series of preauthorized remittance transfers, the receipt provided pursuant to §1005.36(a)(1)(i), except for the temporal disclosures in that receipt required by §1005.31(b)(2)(ii) (Date Available) and (b)(2)(vii) (Transfer Date), applies to each subsequent preauthorized remittance transfer unless and until it is superseded by a receipt provided pursuant to §1005.36(a)(2)(i). For each subsequent preauthorized remittance transfer, only the most recent receipt provided pursuant to §1005.36(a)(1)(i) or (a)(2)(i) must be accurate as of the date each subsequent transfer is made. 3. Receipts. A receipt required by §1005.36(a)(1)(ii) or (a)(2)(ii) must accurately reflect the details of the transfer to which it pertains and may not contain estimates pursuant to §1005.32(b)(2). However, the remittance transfer provider may continue to disclose estimates to the extent permitted by §1005.32(a) or (b)(1). In providing receipts pursuant to §1005.36(a)(1)(ii) or (a)(2)(ii), §1005.36(b)(2) and (3) do not allow a remittance transfer provider to change figures previously disclosed on a receipt provided pursuant to §1005.36(a)(1)(i) or (a)(2)(i), unless a figure was an estimate or based on an estimate disclosed pursuant to §1005.32. Thus, for example, if a provider disclosed its fee as $10 in a receipt provided pursuant to §1005.36(a)(1)(i) and that receipt contained an estimate of the exchange rate pursuant to §1005.32(b)(2), the second receipt provided pursuant to §1005.36(a)(1)(ii) must also disclose the fee as $10. 36(c) Cancellation 1. Scheduled remittance transfer. Section 1005.36(c) applies when a remittance transfer is scheduled by the sender at least three business days before the date of the transfer, whether the sender schedules a preauthorized remittance transfer or a one-time transfer. A remittance transfer is scheduled if it will require no further action by the sender to send the transfer after the sender requests the transfer. For example, a remittance transfer is scheduled at least three business days before the date of the transfer, and §1005.36(c) applies, where a sender on March 1 requests a remittance transfer provider to send a wire transfer to pay a bill in a foreign country on March 15, if it will require no further action by the sender to send the transfer after the sender requests the transfer. A remittance transfer is not scheduled, and §1005.36(c) does not apply, where a transfer occurs more than three days after the date the sender requests the transfer solely due to the provider's processing time. The following are examples of when a sender has not scheduled a remittance transfer at least three business days before the date of the remittance transfer, such that the cancellation rule in §1005.34 applies. i. A sender on March 1 requests a remittance transfer provider to send a wire transfer to pay a bill in a foreign country on March 3. ii. A sender on March 1 requests that a remittance transfer provider send a remittance transfer on March 15, but the provider requires the sender to confirm the request on March 14 in order to send the transfer. iii. A sender on March 1 requests that a remittance transfer provider send an ACH transfer, and that transfer is sent on March 2, but due to the time required for processing, funds will not be deducted from the sender's account until March 5. 2. Cancelled preauthorized remittance transfers. For preauthorized remittance transfers, the provider must assume the request to cancel applies to all future preauthorized remittance transfers, unless the sender specifically indicates that it should apply only to the next scheduled remittance transfer. 3. Concurrent cancellation obligations. A financial institution that is also a remittance transfer provider may have both stop payment obligations under §1005.10 and cancellation obligations under §1005.36. If a sender cancels a remittance transfer under §1005.36 with a remittance transfer provider that holds the sender's account, and the transfer is a preauthorized transfer under §1005.10, then the cancellation provisions of §1005.36 exclusively apply. 36(d) Date of Transfer for Subsequent Preauthorized Remittance Transfers 1. General. Section 1005.36(d)(2)(i) permits remittance transfer providers some flexibility in determining how and when the disclosures required by §1005.36(d)(1) may be provided to senders. The disclosure described in §1005.36(d)(1) may be provided as a separate disclosure, or on or with any other disclosure required by this subpart B related to the same series of preauthorized remittance transfers, provided that the disclosure and timing requirements in §1005.36(d)(2) and other applicable provisions in subpart B are satisfied. For example, the required disclosures may be made on or with a receipt provided pursuant to §1005.36(a)(1)(i); a receipt provided pursuant to §1005.36(a)(2); or in a separate disclosure created by the provider. Thus, for example, a remittance transfer provider complies with §1005.36(d)(1) for a period of one year if it provides in the receipt provided to the sender when payment is made for the initial preauthorized remittance transfer, a schedule or summary of the dates of transfer of all the subsequent preauthorized remittance transfers in the series scheduled to occur over the next 12 months (and the applicable cancellation requirements and contact information). 2. Delivery of disclosure. Section 1005.36(d)(2)(i) requires that the sender receive disclosure of the date of transfer, applicable cancellation requirements, and the provider's contact information no more than 12 months, and no less than 5 business days prior to the date of transfer of the subsequent preauthorized remittance transfer. For purposes of determining when a disclosure required by §1005.36(d)(1) is received by the sender, refer to comment 36(a)(2)-3. 3. Disclosure of the date of transfer. The date of transfer of a subsequent preauthorized remittance transfer may be disclosed as a specific date (e.g., July 19, 2013) or by using a method that clearly permits identification of the date of the transfer, such as periodic intervals (e.g., the third Monday of every month, or the 15th of every month). If the future dates of transfer are disclosed as occurring periodically and there is a break in the sequence, or the date of transfer does not otherwise conform to the described period, e.g., if a holiday or weekend causes the provider to deviate from the normal schedule, the remittance transfer provider should disclose the specific date of transfer for the affected transfer. 4. Accuracy requirements. Section 1005.36(d)(4) sets forth accuracy requirements for disclosures required for subsequent preauthorized remittance transfers under §1005.36(d)(1). If any of the information provided in these disclosures change, the provider must provide an updated disclosure with the revised information that is accurate as of when the transfer is made, pursuant to §1005.36(d)(2). Appendix A—Model Disclosure Clauses and Forms 1. Review of forms. The Bureau will not review or approve disclosure forms or statements for financial institutions. However, the Bureau has issued model clauses for institutions to use in designing their disclosures. If an institution uses these clauses accurately to reflect its service, the institution is protected from liability for failure to make disclosures in proper form. 2. Use of forms. The appendix contains model disclosure clauses for optional use by financial institutions and remittance transfer providers to facilitate compliance with the disclosure requirements of §§1005.5(b)(2) and (3), 1005.6(a), 1005.7, 1005.8(b), 1005.14(b)(1)(ii), 1005.15(c), 1005.15(e)(1) and (2), 1005.18(b)(2), (3), (6) and (7), 1005.18(d)(1) and (2), 1005.31, 1005.32 and 1005.36. The use of appropriate clauses in making disclosures will protect a financial institution and a remittance transfer provider from liability under sections 916 and 917 of the act provided the clauses accurately reflect the institution's EFT services and the provider's remittance transfer services, respectively. 3. Altering the clauses. Unless otherwise expressly addressed in the rule, the following applies. Financial institutions may use clauses of their own design in conjunction with the Bureau's model clauses. The inapplicable words or portions of phrases in parentheses should be deleted. The catchlines are not part of the clauses and need not be used. Financial institutions may make alterations, substitutions, or additions in the clauses to reflect the services offered, such as technical changes (including the substitution of a trade name for the word “card,” deletion of inapplicable services, or substitution of lesser liability limits). Several of the model clauses include references to a telephone number and address. Where two or more of these clauses are used in a disclosure, the telephone number and address may be referenced and need not be repeated. 4. Model forms for remittance transfers. The Bureau will not review or approve disclosure forms for remittance transfer providers. However, this appendix contains 15 model forms for use in connection with remittance transfers. These model forms are intended to demonstrate several formats a remittance transfer provider may use to comply with the requirements of §1005.31(b). Model Forms A-30 through A-32 demonstrate how a provider could provide the required disclosures for a remittance transfer exchanged into local currency. Model Forms A-30(a), (b), (c), and (d) demonstrate four options regarding model language related to the required disclaimer, where applicable, of non-covered third-party fees and taxes on the remittance transfer collected by a person other than the provider under §1005.31(b)(1)(viii). Model forms 30(b) through (d) also include language that may be used if a provider elects to estimate either these non-covered third-party fees or taxes collected by a person other than the provider as part of the disclaimer. Model Forms A-33 through A-35 demonstrate how a provider could provide the required disclosures for dollar-to-dollar remittance transfers. These forms also demonstrate disclosure of the required content, in accordance with the grouping and proximity requirements of §1005.31(c)(1) and (2), in both a register receipt format and an 8.5 inch by 11 inch format. Model Form A-36 provides long form model error resolution and cancellation disclosures required by §1005.31(b)(4), and Model Form A-37 provides short form model error resolution and cancellation disclosures required by §1005.31(b)(2)(iv) and (vi). Model Forms A-38 through A-41 provide language for Spanish language disclosures. i. The model forms contain information that is not required by subpart B, including a confirmation code, the sender's name and contact information, and the optional disclosure of the estimated amount of these non-covered third-party fees and taxes collected by a person other than the provider as part of the disclaimer. Additional information not required by subpart B may be presented on the model forms as permitted by §1005.31(b)(1)(viii) and (c)(4). Any additional information must be presented consistent with a remittance transfer provider's obligation to provide required disclosures in a clear and conspicuous manner. ii. Use of the model forms is optional. A remittance transfer provider may change the forms by rearranging the format or by making modifications to the language of the forms, in each case without modifying the substance of the disclosures. Any rearrangement or modification of the format of the model forms must be consistent with the form, grouping, proximity, and other requirements of §1005.31(a) and (c). Providers making revisions that do not comply with this section will lose the benefit of the safe harbor for appropriate use of Model Forms A-30 to A-41. iii. Permissible changes to the language and format of the model forms include, for example: A. Substituting the information contained in the model forms that is intended to demonstrate how to complete the information in the model forms—such as names, addresses, and Web sites; dates; numbers; and State-specific contact information—with information applicable to the remittance transfer. In addition, if the applicable non-covered third-party fees are imposed by an institution other than a bank, a provider could modify the disclaimer accordingly. B. Eliminating disclosures that are not applicable to the transfer, as described under §1005.31(b). For example, if only covered third-party fees are imposed, a provider would not use a disclaimer related to additional fees that may apply because all applicable fees are covered and included in the disclosure as required under §1005.31(b)(1)(vi). C. Correcting or updating telephone numbers, mailing addresses, or Web site addresses that may change over time. D. Providing the disclosures on a paper size that is different from a register receipt and 8.5 inch by 11 inch formats. E. Adding a term substantially similar to “estimated” in close proximity to the specified terms in §1005.31(b)(1) and (2), as required under §1005.31(d). F. Providing the disclosures in a foreign language, or multiple foreign languages, subject to the requirements of §1005.31(g). G. Substituting cancellation language to reflect the right to a cancellation made pursuant to the requirements of §1005.36(c). iv. Changes to the model forms that are not permissible include, for example, adding information that is not segregated from the required disclosures, other than as permitted by §1005.31(c)(4). [76 FR 81023, Dec. 27, 2011, as amended at 78 FR 18224, Mar. 26, 2013; 77 FR 6297, Feb. 7, 2012; 77 FR 50285; 77 FR 50285, Aug. 20, 2012; 78 FR 30714, May 22, 2013; 78 FR 49366, Aug. 14, 2013; 79 FR 55993, Sept. 18, 2014; 81 FR 70320, Oct. 12, 2016; 81 FR 84345, Nov. 22, 2016; 83 FR 6420, Feb. 13, 2018]	cc/2019-30/en_head_0030.json.gz/line119
__label__wiki	0.680885	0.680885	WEF on ASEAN starts with open forum (Việt Nam News) (Photo: Việt Nam News, VNA/VNS Photo Lâm Khánh) HÀ NỘI - More than 1,000 participants joined the open forum: ‘ASEAN 4.0 for All?’, which officially kickstarted the World Economic Forum (WEF) on ASEAN 2018, on Tuesday morning in Hà Nội. Speaking at the forum, Vietnamese Minister of Science and Technology Chu Ngọc Anh stressed the importance of the fourth industrial revolution for countries in the region, including Việt Nam. The minister said: "The fourth industrial revolution presents both opportunities for growth and challenges, especially for the region’s young people. "Việt Nam has high hopes for startups and business to be the driving force for economic growth and sustainable development." The minister urged delegates to focus on ideas and initiatives which bolster co-operation between countries in the region as well as with international partners to transform Southeast Asia into one of the world’s start-up hubs. The forum’s discussion panel, which saw the participation of noted figures in education, business and technology, talked about common objectives and challenges for ASEAN countries and how the region can forge ahead through the fourth industrial revolution. Annie Koh, Vice President for the Office of Business Development and Academic Director of the Singapore Management University said young people across the 10 countries of ASEAN would be the ones who decide the future of the region. "We need to unlock the enormous entrepreneurial skill within ASEAN," Koh said. She said there was a need to promote an ASEAN identity, an ASEAN way and cross-cultural movement and exchange of students between countries. Rajan Anandan, Google Managing Director of Southeast Asia and India said the region had enormous potential for digital growth, citing Việt Nam as one of the prime examples for ASEAN’s entrepreneurial spirit. "When it comes to the Fourth Industrial Revolution, at the core of it is a digital economy and when you think about ASEAN with the 10 countries combined, the digital economy is quite sizable and it’s growing rapidly," he said. To read the rest of the article, please use this link: https://vietnamnews.vn/economy/465581/wef-on-asean-starts-with-open-forum.html#VEw3F8XaRsc0IVQb.97 By Việt Nam News \| September 14th, 2018	cc/2019-30/en_head_0030.json.gz/line123
__label__wiki	0.593367	0.593367	Iowa Ag News Headlines Helping Marshalltown Recover from Tornado thru Research, Outreach Iowa Ag Connection - 07/11/2019 Jazmin Diaz's car was totaled a year ago when an EF-3 tornado struck her hometown of Marshalltown. Some of her friends lost their homes in the disaster. A month later, Diaz, an Iowa State University junior in management, returned to school. Across campus, College of Design researchers started mobilizing to work with the community on recovery. This spring, Diaz joined a research project led by Sara Hamideh, assistant professor of community and regional planning, and Jon Wolseth, ISU Extension and Outreach community development specialist, to examine the housing recovery experience of different groups of Marshalltown residents. "I was interested in helping because my community was so affected, especially Latinos," Diaz said. "During our interviews with the residents, we saw the trauma. It goes so far beyond just the economic factors." In the months following the tornado, the effort expanded upon Hamideh's research to include more faculty and students in Iowa State's sustainable environments interdisciplinary graduate program. Mimi Wagner, associate professor of landscape architecture; Austin Stewart, associate professor of art and visual culture; Alex Braidwood, associate professor of graphic design; and Dave Swenson, associate scientist in economics, received a grant from the Fieldstead & Company Endowment for Community Enhancement Fund to support this year's work in Marshalltown. By the end of this fall, their goal is to finalize a toolkit that communities can use to examine social and economic challenges that exacerbate a disaster's damage and slow recovery efforts. While other toolkits address disaster preparedness and response, the ISU researchers say this will be the first toolkit with regenerative and sustainable design in mind. This spring, two sustainable environments courses taught by Wagner and Stewart joined the Marshalltown project. This summer, the same students are continuing the work in a course taught by Wagner. This fall, students in Braidwood's class will finalize the toolkit. Wagner, Hamideh, Stewart and Braidwood also hold faculty appointments in the sustainable environments program. Hamideh's expertise is in disaster recovery and resilience. Last fall, her team surveyed households in the affected area and conducted detailed housing damage assessments. She is in the process of writing reports using the data gathered from a sample of 660 households to determine how different dimensions of social vulnerability influenced the amount of housing damage, the disruption to residents' lives, their access to recovery resources and progress in repair and recovery. This research was supported by the University of Colorado Boulder's Natural Hazards Center and Iowa State's Hazard Mitigation and Community Resilience Program. This spring, Hamideh and Wolseth received a National Science Foundation rapid research grant to build on her fall 2018 work. Hamideh and students conducted nearly 50 interviews with residents, primarily immigrants and non-homeowner households, including renters and those who have a contract sale. They also worked with community leaders to understand the experiences of residents affected by the tornado. Analysis of these interviews is underway. "There is little data on experiences of immigrants and non-homeowners in the aftermath of disasters," Hamideh said. "Part of the reason you don't hear the voices of these folks in research is because it can be so hard to reach out to these populations. Some have been living in Marshalltown for decades, but they don't speak English and therefore have limited access to timely information and resources. Similarly, when a disaster happens, renters don't have much control over what happens to their houses." That's why Diaz's involvement was so important. Her intimate knowledge of Marshalltown, passion for her community and fluency in Spanish have been critical to every step in this research. "These projects are so important to me," Diaz said. "I want to create a better Marshalltown." This spring, Wagner's and Stewart's students conducted ethnographic interviews with 28 Marshalltown residents impacted by the tornado. They also led community engagement events at the Marshalltown Public Library, inviting residents to share ideas for Marshalltown and engaging with children through creative activities. "We learned how difficult it was for them to begin recovery," said Kelly Naumann, a graduate student in sustainable environments from Gilbert, Arizona, who was a student in Hamideh's fall 2018 course and Wagner's spring and summer courses. "Their routines were turned upside down." A recurring theme in residents' comments was trees -- so that's what Wagner's summer students are focusing on. They mapped the canopy cover and vegetation presence in the two neighborhoods in the tornado's path before and after the storm, and found that at least 80 percent of the tree canopy was lost in the tornado. "Trees are important in all neighborhoods, across all sociodemographic factors," said Jonathan Sherwood, graduate student in landscape architecture from Ames. "They provide shade, increase property values, provide a sense of place, reduce costs of heating and cooling, block noise and some pollution, create habitat for wildlife and improve human well-being." In the tornado's aftermath, however, they learned that residents in lower-income neighborhoods were struggling to replant the trees they lost. This summer, the students are developing a "decision tree," a tool to walk residents through each step of the tree planting process -- a complex web of utilities regulations and local ordinances. They are also developing a brochure explaining the importance of a biologically diverse urban forest. "We're a year out from the tornado and there are still so many things that need to be addressed," Naumann said. "The attention may have left after a couple of months, but the trauma remains." Diaz received an internship through Iowa State's U.S. Latino/a Studies Program for this summer's work with Wagner's course. Swenson is assisting with economic analysis and insight into disasters from a policy and recovery perspective. "This is what a land-grant institution is all about," Wagner said. "Students are out there learning while also giving back to address community needs." Other Iowa Headlines Students Develop Fraud Detection Model; Win International Contest Fruit and Vegetable Field Day Planned for Aug. 5 Habitat-Rich Cardinal Marsh Offers Year-Round Outdoor Fun 4-H Members Recognized for Outstanding Work in Project Areas Summer Feedlot Conference to Cover Care, Safety, Manure Iowa Oat Forecast Up 142 Percent from 2018 Water Summary Update: June Rainfall 1 Inch Below Normal	cc/2019-30/en_head_0030.json.gz/line124
__label__wiki	0.603667	0.603667	Phillip J Crowley – What to do with Iran is the Most Significant Challenge of 2013 But the most significant challenge in 2013 is what to do about Iran. Nothing is going to influence the Middle East in the coming decade more than the direction taken by Iran. President Obama has said that all options are on the table regarding Iran. Military action may be necessary, but if undertaken will most likely only delay Iran's nuclear program. Such an action would be unpredictable, costly, and will not necessarily solve the problem. Only one option solves the problem: different leadership in Tehran. [applause] A leadership committed to free and fair elections, committed to giving its citizens full access to information, committed to the ending of discrimination against women, respect and dignity for all, committed to an independent judiciary, respect for human rights, a market economy, peaceful coexistence and nuclear free. A leadership that wishes to bring Iran out of its isolation, to make Iran a constructive actor on the world stage. An Iran that is part of the solution to many of the regional and global challenges we face rather than the essence of the problem. How do we get there? Through an effective and organized opposition, something like this. [applause] Like Governor Richardson said a few moments ago, we have to connect the real energy that exists in this room with those in Iran like the three women who were standing here a minute ago who try to find a way to help Iran write a new history and see her emerge from the existing isolation. This is difficult and painstaking work as you know and as the people at Camp Liberty know. There are forces that are protecting the status quo. They are stubborn. They will do whatever they can to preserve their current position of advantage. The Syrian opposition knows this and this will take time. A successful democracy involves universal human rights but also learned political behaviors, giving everyone a stake in a country's future, including women as Madame Rajavi and others have said in their remarks today. Developing effective institutions of governance that serve rather than intimidate their people; developing a responsible political opposition; respecting a free press that will hold government to account; and the peaceful transfer of power based on genuinely free and fair elections. These are universal principles and universal aspirations, but unfortunately they are not present everywhere, at least not yet. And that is why we are all here, to demonstrate that there is a different path for Iran, a more enlightened path for Iran, a more responsible path for Iran, a democratic path for Iran. I sadly don't think that that day is imminent, but like my colleagues here at the stage I am certain that that day will come. Thank you very much. [applause] [end of audio]	cc/2019-30/en_head_0030.json.gz/line126
__label__cc	0.564399	0.435601	Mind-Body Therapy for Military Veterans with Post-Traumatic Stress Disorder: A Systematic Review Journal of Alternative and Complementary Medicine (New York, N.Y.) OBJECTIVE: About a third of service members returning from post-9/11 deployment in Afghanistan and Iraq report combat-related mental health conditions, but many do not seek conventional treatment. Mind-body therapies have been offered as alternative approaches to decreasing post-traumatic stress disorder (PTSD), but no review of studies with veterans of post-9/11 operations was found. The objective of this study was to fill that gap. DESIGN: A systematic literature review was conducted following the preferred items for systematic reviews and meta-analyses (PRISMA) guidelines. Religious Meditation Religious Trance Altered State Breath Control Psychophysiology Cushing, Robin E. Braun, Kathryn L. What Is the Molecular Signature of Mind-Body Interventions? A Systematic Review of Gene Expression Changes Induced by Meditation and Related Practices Frontiers in Immunology There is considerable evidence for the effectiveness of mind-body interventions (MBIs) in improving mental and physical health, but the molecular mechanisms of these benefits remain poorly understood. One hypothesis is that MBIs reverse expression of genes involved in inflammatory reactions that are induced by stress. This systematic review was conducted to examine changes in gene expression that occur after MBIs and to explore how these molecular changes are related to health. conserved transcriptional response to adversity nuclear factor kappa B Buric, Ivana Farias, Miguel Jong, Jonathan Mee, Christopher Brazil, Inti A. Meditative state Mind-body practices for patients with cardiac disease: a systematic review and meta-analysis European Journal of Preventive Cardiology BACKGROUND: Due to new treatment modalities in the last decades, a decline in cardiovascular deaths has been observed. There is an emerging field of secondary prevention and behavioural programmes with increased interest in the use of mind-body practices. Until now, these have not been established in cardiovascular disease treatment programmes. DESIGN: We performed a systematic review and meta-analysis of the available evidence on the effectiveness of mind-body practices for patients with diagnosed cardiac disease. Mind-Body Therapies psychosocial risk factors Stress, Psychological Younge, John O. Gotink, Rinske A. Baena, Cristina P. Roos-Hesselink, Jolien W. Hunink, M. G. Myriam	cc/2019-30/en_head_0030.json.gz/line128
__label__wiki	0.811976	0.811976	VOIVOD - Warriors Of Ice Live Album Due In June By Tokemaster General, Contributor Monday, May 23, 2011 @ 3:21 PM Legendary Canadian metallers VOIVOD's new live album, Warriors Of Ice, will be released on June 14th in Canada via Indica Records and June 21st through Sonic Unyon Metal in the US. This unique band who over the years have been able to create their own sound and path, who braved adversity and hardships - notably the death of Denis Piggy D’Amour in 2005 - are offering to their fans their first ever live record to feature original members Denis “Snake” Belanger, Michel "Away" Langevin and Jean Yves “Blacky” Theriault, and new guitar player Daniel Mongrain, thus adding onto their impressive discography that spans close to three decades. Glen Robinson, who is renown for his work on 'Nothingface', recorded Voivod’s concert on December 12th, 2009 at Club Soda in Montreal, the band’s adopted hometown. The concert was the first headline show in Montreal in over 10 years and was a release party for the DVD Tatsumaki Live In Japan, where they played both classics from the '80s and '90s and newer songs written with Jason Newsted of METALLICA fame, who joined Voivod on bass for three records, Voivod, Katorz and Infini. On Warriors Of Ice, the listeners can hear Voivod’s more classical sound as they did on War And Pain in 1984 or Angel Rat in 1991 as well as tracks from Infini, released in 2009. All of the band’s greatest hits can be found on this record, everything from 'Voivod' to 'Nuclear War' and 'Tribal Conversations' and even their remake of early PINK FLOYD, 'Astronomy Domine', thus making this record a must-have for die-hard Voivod fans as well as a great introductory album for new fans in the making. Warriors Of Ice features the following live tracks: 'Voivod' 'The Unknown Knows' 'The Prow' 'Ripping Headaches' 'Ravenous Medicine' 'Tribal Convictions' 'Overreaction' 'Panorama' 'Global Warning' 'Treasure Chase' 'Tornado' 'Nothingface' 'Brain Scan' 'Nuclear War' 'Astronomy Domine' Audio samples from the entire album can be heard on the widget below:	cc/2019-30/en_head_0030.json.gz/line132
__label__wiki	0.736312	0.736312	Watergate redux Ron Rosenbaum thinks he has evidence that Nixon personally ordered the Watergate breakin. I'm not so sure that he does, but his article touches on two of the four great remaining questions about Watergate: two of which everybody else has, and two of which I have because I think the answers to the other two are obvious, while mine seem neglected. The two questions that everybody else has are: 1. Why did the burglars break in to DNC headquarters? What were they looking for there? If they wanted to spy on the Democratic campaign, why not break into McGovern headquarters instead? 2. Why didn't Nixon destroy the tapes while he still could? The answer to question 1 is multi-fold. 1. When Liddy's plan was hatched, it was still quite uncertain who the Democratic nominee would be. So that part had to wait. 2. They did try to plant bugs in McGovern headquarters. But they couldn't get in because the security was too good. (And they were bumblers.) 3. There were plenty of good reasons to spy on the DNC. Seeing whether Larry O'Brien had information on the Hughes loans, Rosenbaum's theory, was one - and Nixon himself need not have been the only person on his side worried about that, which is why proof of that motive doesn't say whether Nixon was involved. General Republican distrust and hatred of O'Brien was another - again, that could be Nixon, or others, or both. Most likely, I'd think, given the Nixonites' typical delusions, would be the chance to peer into the DNC's fundraising and look for anything embarrassing, like ties to Castro (which motive is how the Cubans were recruited). This all works as one prong of a dirty tricks scheme; we're misled about its importance to the perpetrators because this was the only prong which got very far. 4. They went into the DNC specifically because Magruder told them to. And there's the rub: who ordered Magruder? As for question 2, that depends on a psychological understanding of Nixon: how obsessed he was with preserving the history of his presidency (which is why he set up the taping system in the first place), the self-wounding a destruction of the entire archive would have imposed on him (and the impracticality of doing it), and the self-deception that led him to see his misdeeds and even his profanity as merely proofs of his toughness. Also, it appears that Nixon did try to destroy the tapes selectively. The 18 1/2 minute gap was, despite Rosemary Woods falling on her sword for the boss, no accident. And the other missing conversations? Were they really never recorded, or were they destroyed? My questions, on the other hand, are: 3. Who approved Gemstone? 4. What on earth made Nixon think he could get away with firing Cox? Gemstone was the code name of Liddy's dirty tricks plan, the one of which the Watergate breakin was one prong. Liddy presented it to Mitchell (and Magruder) twice, each time being sent back to prepare something cheaper. He wasn't present at the third meeting. Magruder says Mitchell approved it, and he got back to Liddy saying so. Mitchell always insisted he did not. Was Mitchell lying? Probably, but it's not entirely clear. Rosenbaum thinks Nixon ordered Mitchell to approve it. To my way of thinking, that matters a lot in regard to Nixon's guilt, but it doesn't affect the basic question of veracity between Mitchell and Magruder. As for question 4, I can grasp Nixon's reasoning in regard to question 2, but this one defeats me. He seems to have really thought that if he called a halt to the investigation, the whole problem would just go away. In this, he reminds me of nothing more than certain psychopathic criminals in Donald Westlake novels, who if they have a problem with a person proceed to kill that person, certain that that will cancel the problem. Then they're so bewildered by all the fuss that stirs up. time: 10:18 AM No comments: Maybe it was cold, wet, and windy up on stage. Susanna Mälkki wore some kind of an overcoat on the podium, and Horacio Gutiérrez sat down at the keyboard in what looked like a windbreaker. Their rendition of Prokofiev's Third Concerto pleased the audience. Maybe I was just tired, but it seemed to me a fairly nondescript, pedestrian reading of what is admittedly an inherently thrilling work. Mälkki's Sibelius First came out more appealingly. There were some rough joins and clunkers, but at least she avoided the elephant traps of structure that lurk all over early Sibelius, and the sound colors coming out of the orchestra were consistently vivid and varied, almost as if to support pre-concert lecturer Scott Fogelsong's contention, which he was so proud of coming up with that he giggled all the way through it - what drugs is this guy on? - that the work was written to the model of Tchaikovsky's Fifth. But in fact Sibelius's orchestral palette, subdued and shaded, is quite unlike Tchaikovsky's bright, firmly delineated colors. Also on the program - more spectralism! This one was Modulations by Gérard Grisey, an early essay in the style from the late 1970s that still half wants to be traditional old-timey post-war modernism. One section in which the soft, high-pitched, overtone-laden chords breathed in and out at a pulse of about two seconds a breath came across, no doubt unintentionally, as the wacky speeded-up Keystone Cops version of Morton Feldman. More interesting than the concert was getting there. Although the weekend's closure of the eastern approach to the Golden Gate Bridge wasn't scheduled to start for more than a couple hours later, the road that eventually becomes the western approach was already far more clogged than usual as I drove in to town, so I got off it sooner than I usually do and found myself, a little unusually for concert trips, in the Mission District. Finding myself even more unusually in sight of an open parking space, a true rarity in the Mission, I had a quick meal at the nearest hole-in-wall taqueria, Papalote at 24th and Valencia. This is far yuppier than others in the district. The burrito was a bit mellow, if I can put it that way, and heavily packed in a thick flour tortilla. What was unbelievable was the salsa that came with the chips. This was neither liquid nor chunky nor both, the customary range among salsas, but smooth and creamy and resembling a tomato alfredo sauce more than anything else. time: 8:05 AM No comments: The Girl With the Dragon Tattoo (2011) Do not see this movie. Just don't. It's not just the rape scenes, or the torture scenes, or even the plot holes so big you could drive a car through them, quite literally. The final straw is when the villain, apparently just to show how villainous he is - for he doesn't seem to have any better reason - kills a cat. That's just wrong. apaholic Lisa Irontongue has an interesting post about communication, but what caught me about it was that she begins by discussing amateur press associations, or apas, communities in print within the context of science fiction fandom, that had a lot in common with the online bulletin boards and other communities that succeeded and have in practice supplanted them - except that the exchange of conversation was a lot slower. I belonged to several apas in my time, and as many as five at once in the 1980s. But I gradually cut back, and my last apa called it a day after its OE died in 2006. The problem is that I've always liked apas best as close communities of friends, and they could spoil or go sour, and other apas I might have joined didn't appeal to me for the amount of emotional effort it would take to integrate into that community. (This is also why I never joined the Well.) The interactive side of my desire for apas is being reasonably met in blog and LJ comments, and the expository side is actually being met better in LJ, because what I always really wanted was an incentive to keep a kind of public diary, and writing for an apa about "what I've been doing since the last deadline" was only a vague approximation of this. The post says, "APAs originated in science fiction fandom a long time ago (the 40s? 50s?)." They didn't start in fandom. The original apas (known in fandom as "the mundane apas") were founded in the late 19th century by home-printing hobbyists. They'd print N copies of little magazines, and send them off to a central mailer, who'd distribute bundles of copies of each to all the members. The idea was that it was a cheap way to keep a mailing list, and the point was to display your printing skills rather than whatever the intellectual content was (and it wasn't necessarily written by the person who printed it). The mailings were not bound together - they were just bundles of little magazines in an envelope - and there was no interaction between the individual magazines. H.P. Lovecraft was such a hobbyist, but apas met fandom when some fans, including Donald Wollheim, later a well-known editor, joined some apas in the mid 30s, and invented mailing comments - they'd write their responses to the material in the previous mailing. This was revolutionary. They founded their own fannish apa in 1937: it was called the Fantasy Amateur Press Association ("fantasy" was considered something of a synonym for "science fiction" in those days) or FAPA, and it's still around, though hobbling. Like the mundane apas, its mailings are unbound, and some of them, also as in mundane apas, are full-scale fanzines with contributions by others than the editor. A few of the other older apas are similar in nature. I'm not sure when the custom began in newer fannish apas of stapling the contents together, and of the individual contributions being just personal natterings and comments by the typist that don't really stand alone outside of the apa context, and of printing being of no other than practical interest, but these customs were already well-established by the time I started joining apas in the mid-70s, which was something of the heyday of fannish apas. But the relics of the history remain in the custom of calling those individual contributions "zines" and in the custom of giving them individual titles as if they were still fanzines on their own. Every once in a while one encounters people who get the terminology wrong, using "apa" as the term for the individual contribution rather than the entity as a whole, or "zine" for the mailing instead of the individual contribution. This annoys me on the same level as misusing "crescendo" or writing allusions to "lions and tigers and bears, oh my" that don't scan properly. In their day, I found apas handy to read on the bus or during breaks at work, both because they permitted short, disjointed patches of reading (being written in a short, disjointed, patchy way), and because they were handy to ward off unwanted conversation by the sort of people who thought reading was only something to do if there was nobody to converse with. Asked "What are you reading?" I would reply, "an apa," and when asked the expected follow-up, "What's an apa?" I would reply, "this is," and that was usually the conversation-stopper it was intended to be. time: 6:49 PM 1 comment: movie seen: The Descendants I've finally emerged from the state of "so full of pending commitments that I'd feel too guilty to take the time to see a movie" far enough to rent one. Semi-unspoilerish comments: 1. I picked this one in particular probably so that I could weigh in on an argument presented some months ago by a movie-connoisseur friend on the burning question: Does Shailene Woodley (who plays the elder daughter) have a large enough part to qualify as a "Leading Role" by Oscar standards? He says yes, I now say no. 2. I've liked every Alexander Payne movie I've seen, and I've now seen four of them.* His way of presenting characters and their surroundings (this really vividly depicts Hawaii as a place that people live in, if those people are rich haoles) and getting strong, naturalistic acting out of the cast appeal to me, despite the kinds of stories that I'd roll my eyes at in novels. I'm now thinking I should see a fifth, Sideways, a movie I'd avoided, despite my familiarity with its geographic setting, because I feared the characters would be too pretentious. 3. The Descendants is mostly about the characters' relationship with another character whom most of them know, but whom we, the viewers, never really get to meet, so there's a kind of hole (deliberate, I suspect) in the middle of the movie. In this, and in the eulogistic air to that relationship, it reminds me of The Big Chill. 4. Although I liked the movie a great deal, I have some plot grumbles, and this is where I have to be only semi-unspoilerish. a. Character in this movie is most dramatically revealed in the form of monologues delivered to the person in a coma. This gets a little predictable, but is well done. But here's this: Matt (George Clooney) gets two such scenes, even the minor character of Julie gets one powerful one (Matt is present but mostly unseen by the camera until he gently leads her away), but Alex (Woodley) never really gets one. Her one big monologue is as much about the reaction of the others in the room to what she says as it is about her. Another such scene we know happens, but we don't see it. The result is that, although Alex has as dramatic a character arc as Matt does, much of it remains undepicted: we see the results and understand the causes, but we don't see it happening as we do for him. This is one reason I don't consider the role a leading one. b. There's a key piece of information (the one that Beau Bridges has) that remains hidden until a later point in the movie than it ought to show up, and it depends on another character earlier on making an assumption that ought to be unjustified about what the protagonist knows. c. Most of the characters are well-handled. But in stories of this kind that offer surprise plot twists, as this one does, there is usually one character whom the writers are openly manipulating for the sake of goosing the audience. In this movie, that character turns out to be the land that the family trust owns. *Answer to obvious question: About Schmidt, Election, and the unforgettable Citizen Ruth. time: 10:17 PM 1 comment: Pinkwater and the eggplant, I mean pineapple All you Daniel Pinkwater fans out there, prepare to have have your jaws dropped over this: a controversy over a Pinkwater story and its test questions in a New York state 8th-grade reader. The story, which is a rewritten version of a fable from Borgel, is a nonsense takeoff on the tortoise and the hare, so it really should only be read, and certainly should only have quiz questions about it answered, by children who already know the Aesop. (Do today's NY 8th-graders? I have no idea.) And I agree with the protesting students: most of the questions are ambiguous, to the extent that several answers are equally good. (Link to the actual text is halfway down the article.) If I were setting a quiz on this story, I'd say, "There is no right answer. Pick one, and write a paragraph justifying it," and grade the students on the cogency of their essays. But you can't do that with standardized tests, which suggests the whole episode was misbegotten. Actually, the test-makers say there's no right answer either. (But they didn't explain that to the students.) Instead, "the 'right' answer is the one that field testing has shown to be the consensus answer of the 'smart' kids." What is this, Family Feud, where you're rewarded for guessing not the right answer but the popular one? Or, worse, the most conformist? time: 2:42 PM No comments: into the vale of contention In the comments at the end of this SFCV review, Lisa Hirsch and I take issue with the reviewer and another commenter who oppose applause between movements of a symphony, no matter how sublime one thought the performance. They wouldn't have known at the time of the comments that I'd been giving some consideration to the question of applause, but now all the readers of SFCV can know it, because my report on the Stanford music symposium has finally gone up, including a discussion of that very point. This report is rather different in approach from the three daily posts I made here as it was going on. Those were my personal reactions, as their titles said, and I wasn't aiming at journalistic objectivity. (That's one reason I named few of the presenters: I wasn't intending fair reports of what they said, and it would be unjust to blame them by name for it.) In the SFCV article, however, most of the content of the first two sections is intended as a journalist's conscientious relay of the presenters' arguments. Only after the second section break do I really get into my own reactions. In fact, as the article was due the day after the conference ended (scheduling issues and editing time resulted in the publication delay), I wrote most of the third section in haste by throwing large chunks of my blogspot reports against the wall to see if they'd stick. Here is where, after relaying Anatole Leikin's robust defense of inter-movement applause in part 1, I express my concern over it becoming obligatory and hence perfunctory. This occured to me in connection with the concert the previous evening, where Anatole and his fellow performers preceded the Reinecke trio by saying that inter-movement applause would be acceptable. Inter-movement applause dutifully followed, not that it was undeserved, but I was still bemused by Anatole, in his presentation the next day, comparing his reaction on being applauded to Sally Field's on getting an Oscar. That was a bad comparison, because Field was ridiculed for her "you really like me" speech, and the reason it was ridiculed is that she overinterpreted the polite applause she received. Still, will musicians play better if they already think they're doing great? Editing trimmed my overlong article a fair amount, but intelligently, and I only miss two things of significance. One is that I think my original opening was a bit punchier. It began, Can old recordings save classical music? A small, lightly-attended conference on technical issues in historical musicology might not seem the ideal venue to address deep questions on the future of the classical music industry. Yet that was the presiding theme at Reactions to the Record III, a symposium on early recordings, musical style, and the future of performance held at the Stanford Music Department last weekend. The other was an ultimately unanswerable extension of the point about whether modern classical performances all sound alike. It's a matter of context - I'd like to take this up later in regard to how alike Tolkien is to other authors - and I did begin my classical-listening career with an assumption that all performances were an approximation of a platonic ideal reading of the score, because that's what they were trying to be. It took me many years both to change my mind about that and to develop a secure sense of how they differed, and to be able to say that A is like this and B is like that with a feeling that I had any notion of what I was talking about. The extension of this question is: OK, they differed more in the early days, but how much did they differ? This too is a question of context. I noted in my reactions to day 1 that the guy who played three diverse recordings of the same Schubert song and called them the same notes but three different works would be stared at in disbelief by anyone whose ears were formed by pop song cover versions. What I didn't say in my reactions posts was that I raised this question on day 3 with Jose Bowen, the guy with the survey of Rossini aria recordings. He's primarily a jazz musician, so I figured he'd have the non-classical ears to grasp the point. But when I tried to illustrate it by pointing to the first evening's chamber music, he started enthusing about how wonderful they were because they were so different. I thought, "He doesn't get it either. He may play jazz, but he listens to classical with purely classical ears." And I gave up. The problem is this: that the range of possible performing styles in classical music, even within the broad variance of late 19th century style, is minuscule compared to that heard every day from different performers of pop songs, and that therefore, classical music isn't going to save itself by re-adopting 19th-century diversity. It's not going to impress anybody who listens to pop and who thinks of classical as uninviting and only permitting discrimination to be performed by experts. The only hope - but, fortunately, it's not a small one - is that more idiomatic performances will be better, more committed performances and thus more attractive even to the ears of non-expert listeners who can't analyze what they're being attracted to. More on this article, and also on what's not in it, to come. time: 12:24 PM No comments: the music listener's glass ceiling I hope this doesn't become the norm. I'd considered the possibility of going down to LA to hear the Philharmonic give the west coast premiere of Philip Glass's Ninth Symphony, but it was both Easter and Pesach weekend, a busy time here, and for that and other reasons a trip would not have worked out. I did read somewhere, though, that the work had been recorded, so when I was making out my online order of delectable CDs, I looked it up. Nothing there. Puzzled, I went to The Man's website, where I found this: "Download exclusively from ITunes." (I know they don't capitalize it that way, but I refuse to do it their way.) Oh fnick. To buy something from Amazon, evil as they are, you just need to go to the Amazon website and give them your credit card and address, but Apple is evil in its own way, besides imposing insane and awkward-to-type capitalization rules: to buy from ITunes you need to load the ITunes program on your computer, and I'm not clogging up my computer with that thing and all the hassle needed to get it there. Eventually I remembered that B. has ITunes and I asked her to do it. The page on The Man's website says just click here and you'll be taken to it on the ITunes website, but you're not: you still have to search for it. It took us three searches to find it ("philip glass" didn't work), which exceeded B's interest in the matter. Fortunately, once I found it, it was not difficult to download and burn to a CD, despite confusing instructions in the ITunes help database that turned out to be unnecessary anyway. So now I have a CD, which is what I want - and I hope it lasts; some of my older hand-burned CDs have conked out after 5-10 years; the commercial ones haven't - but without cover art or liner notes. Oh well. So how's the music? It's another dark-toned, churning work, at 50 minutes the longest of his non-vocal symphonies, and in three movements, his preferred format. The LA Phil has the most detailed description of the work that I could find. This says the opening was inspired by that of Mahler's Ninth. If the composer says so, but I don't hear it. The tone color and scale of movement are similar, but the somber darkness entirely lacks the gemütlichkeit, the open yearning, and the abrupt mood switches of Mahler, while it does abound in the continuously bounding rhythmic energy typical of Glass. The work I'm most reminded of is the prelude to Glass's own Akhnaten, and I suppose I was waiting for the music to hush and a deep voice to boom out "Open are the double doors of the horizon; unlocked are its bolts" or possibly "Koyaanisqatsi, Koyaanisqatsi." It never did, though. Instead, each of the three movements, after a quiet beginning, built up energy and then died down again. Other writers have mentioned things like the woodblock pattern at the conclusion of the first movement, not an unprecedented type of sound in a Glass symphony. I, however, am most struck by the towering plateaus of forte climax of both the second and third movements - long undifferentiated stretches of unvarying intensity, in the second movement led by continuously braying trumpet. Even after three listenings, I haven't taken to this as much as I have to the Eighth and the Third, my favorites among his previous symphonies. But I'm glad to have it, even in this crude physical form with just a slip of paper pasted in the jewel box to identify it. I understand that Glass has bypassed the Curse of the Ninth by having written two more symphonies before this one even premiered, though they're not listed on his web site, so there's more to come. Yesterday, in my capacity of working on programming for Mythcon 43, I met for lunch with our Author Guest of Honor, Malinda Lo, to talk about what will be going on at Mythcon and to exchange programming ideas. Naturally, as one new to the Mythopoeic Society, she wanted to know something of what we are about. So I explained that, as our name suggests, we're interested in myth-based and mythically resonant fantasy, that, while there probably isn't a well-known fantasy writer who doesn't have fans in the Society, we focus on what we consider the quality work, not necessarily the best known, as our awards nominee list, which her work has been on, testifies. It's fair to say that we don't follow the crowd, and, with con attendance under 200, it's pretty obvious, too. And then I come home and read this post about World Fantasy Con and how they "don't want the 'wrong sort of fan' coming to 'their' convention." Are we like that too? In a way we are, and I see nothing wrong with it. Mythcon is a particular sort of conference and aims to continue being that sort. People who want other sorts of fantasy cons, there's plenty of others to choose from, most far larger than ours, but there's none, or few, others like Mythcon. Those looking for DragonCon, or even WFC, won't find it at Mythcon, and it would be futile to try, and only annoy those who are at Mythcon because that's what they want. At the same time it's not exclusionary. Anybody is welcome if they want what we offer, at least for long enough to attend a Mythcon. I go to many different types of conventions myself; each has a particular flavor, and I go expecting to dine on that flavor for the weekend, whether it's my regular dish or not. Mythcon doesn't have to go around proclaiming what it isn't, because it runs under the radar and doesn't have people knocking at its door with the wrong address, but maybe WFC isn't that lucky. Mythcon doesn't have a pre-emptive list of what we don't allow in our dealers' room, but when someone writes in to ask for a table, or for that matter offer to give a paper, on some topic that just doesn't fit Mythcon, we just write back and say no, thanks. It happens occasionally. We're certainly not trying to impress the general literati, as some think WFC is. As far as comics, a particular subject of the above-referenced screed, it depends on what kind. A tableful of ordinary superhero comics would not do well at Mythcon, although we do have a few fans of them among us (B. is one), and we did give our scholarship award once to a book discussing superheros as mythic figures. On the other hand we did once have Neil Gaiman as our GoH, though perhaps uniquely among conventions he's attended, he was better-known among us for his prose fiction. I recall, however, that Sandman was on sale in the dealer's room, and properly so; and B. and I both gave papers on it. time: 6:29 PM 2 comments: Links to this post concert review: Olga Kern It's those Oshman acoustics again, I guess. I came to hear Olga Kern, a tall blonde woman with one black dress, and one red one (she changed during the interval), play Schumann's Carnaval, but I'm not sure I heard it. Her performance sounded so plain and blocky, without a touch of grace or beauty, that the work was mostly unrecognizable, and the Davidsbündler marched in hob-nailed boots. On the other hand, maybe it wasn't entirely the acoustics, for I liked her Liszt Hungarian Rhapsodies, because they're supposed to be shamelessly tasteless. This was the Liszt who led a flourishing afterlife as a house composer for Warner Brothers cartoons. Kern's Chopin sounded like an unsuccessful aspirant for the same position. She should have stuck to the original announcement's plan of playing Rachmaninoff instead of Chopin. One remaining piece on the program I was unfamiliar with, so since the booklet had nothing to say about the repertoire I looked it up when I got home. It was an obscure bit of Beethoven, his Variations on a Theme by Salieri. This is an early work, from 1799, but it resembles a smaller-scale version of his much later Diabelli Variations in that he takes a dorky little tune by somebody else - this one is an aria from Salieri's Falstaff opera - and treats it to such serious and complex variations as to make the composer of the original embarrassed to have written it. concert review: Cleveland Orchestra Cleveland is the least generally prestigious of the seven cities (including itself) whose orchestras San Francisco's is having to visit this year.1 The top-rank prestige of its orchestra is due primarily to its awesomely renowned former music director, George Szell, who lasted nearly a quarter of a century and died in harness in 1970. Since then, how has Cleveland fared? Its current long-time music director, Franz Welser-Möst, whose hair makes him look from behind like Gene Wilder playing Willy Wonka but without the hat, is quite controversial in some circles, including those of the former music critic for the leading Cleveland paper, who was fired for his unceasing negative reviews. (Were I in that position, I hope I'd have the financial courage to ask to be relieved of the regular duty, and only cover him occasionally. Any artist needs to be described by a variety of reviewers, and regularly reviewing something you hate that much is bad for the soul.) Naturally I was eager to hear for myself. The Clevelanders played two of my favorite symphonies that are overshadowed by better-known ones by the same composer: Mendelssohn's Scotch2 and Shostakovich's Sixth.3 There's nothing wrong with the orchestra's fast music - indeed, Shostakovich's scherzo might have had a little more power if they'd slowed down a trifle; and yes, fans of old music styles, that was an accelerando in the middle of the already torn-paper-quick coda of the finale - but Cleveland's distinctive character lies in its playing of slow, quiet music. The attacks are supernally gentle, especially in the strings, and W-M takes contemplative passages as if the music had stopped to rest its weary feet in a convenient pond. This pool of stillness first made itself known in Mendelssohn's slow introduction, and reappeared when appropriate up to the end of Shostakovich's Largo, a hushed moment of magically pregnant tranquility. Also on the program, Orion by Kaija Saariaho, a composer I hadn't heard previously in concert and hadn't taken to on record. This remains music I have no plans to cuddle up with, but I can see where it's going. A little too clearly, if anything: in this work, at least, Saariaho isn't up to anything fancy with structure. She builds her composition out of short phrases, each repeated in various ways several times before moving on to the next, related idea. Though this isn't at all mechanically done, it is predictable, and after a while you kind of get the point, but there's none of the rhythmic action the minimalists give you to groove on while you wait. The sound is dense and layered, mostly high-pitched, acquiring spice through clashing overtones. Undoubtably of more impact in the concert hall than in recording. 1. By this I mean no derogation of Cleveland. I know many fine people from there. I resided there myself for a while in early youth. But even though we lived near the symphony hall, my parents were too young and impecunious, too unestablished in society, and too busy with work and a small child to attend the then Szell-led orchestra, though they were regular listeners to the local classical radio station. 2. Nowadays usually called the Scottish, but in Mendelssohn's time Scotch was the proper adjective for the country as well as the whiskey. 3. And I'd just heard the Fifth the previous night. Were my succeeding week to include concerts with the Seventh, Eighth, Ninth, Tenth, and Eleventh, I would be even happier. reactions to Reactions to the Record, day 3 Last day. Nothing really contentious today. As on previous days, most of the time there are no more than 40 people in the room, most of them presenters. Are Irontongue and I the only non-experts in the world who find this stuff fascinating? Student presenter invents color-based notation to transcribe tempo and note-length variations in Scriabin performances. Scriabin, who had synesthesia, or liked to pretend he did, would have loved this idea. I ask the presenter if Scriabin would actually have found it useful. Probably not. This is a tool for analysis, not a prescriptive notation. Retelling of funny story about an argument between Fred Chopin and Jake Meyerbeer over what rhythm Chopin is playing his mazurkas in. Chopin says they're 3/4; Meyerbeer says he's lengthening the first beat so much it's 2/4. Chopin keeps beating three, Meyerbeer keeps saying "two." Chopin gets hot under the collar, throws Meyerbeer out of the apartment. So what's the answer? Presenter, in a fit of sanity, says we can't really know, we can't even reconstruct how the mazurka was danced in Chopin's time (though it'd be informative if we could), the one thing we can know is that Chopin's playing was magical and not subject to "idiot-proofing" rules. Third presenter has collected hundreds of early recordings of this Rossini coloratura aria because people keep sending him more of them. Analyzing their ornamentations, he finds that, though each singer has her own individuality, they come in national schools. Until, that is, Maria Callas records her version. After that, everybody copies her. That explains a lot about why all classical musicians sound alike these days. Attempt to tie the theory of Schenkerian analysis to a particular performing style. I've never claimed to understand Schenkerian analysis, so this one went over my head. Presenter who spends most of his time playing an old Mengelberg recording of Schubert's Unfinished, urging us to listen to the rubato. Hard to miss; so much of it you could get seasick. But however misjudged the quantity and intensity sounds to my ears, Mengelberg always ends it at what seems to me the exact right moment. Two presenters talk about the "dawn of the recorded era" pianist Frederic Lamond, who is reported to have said: "Haydn is the road to Heaven, Mozart is Heaven itself, and Beethoven is the God who dwells therein." And here I always thought it was Schroeder from Peanuts who was Beethoven's biggest fan. Evening I skip out to hear the Palo Alto Philharmonic, a local community orchestra I've heard before. They're playing at Spangenberg, the most high-schoolish of all high-school auditoriums, long since generally abandoned in favor of better venues; I haven't been there for decades, probably. But with an orchestra this large (the high school's orchestra has joined them), it doesn't matter if there are any acoustics or not: they'll blast it into oblivion. Music: VW's Tallis Fantasia. Plenty of string exposure. Gratifyingly, parts of it are excellent. A new piece, a slow movement led by its composer, asst. conductor Lee Actor. Actually very good, and pretty well judged for the orchestra's skill level. Quiet parts sound rather like Shostakovich; louder and faster parts a bit like American nationalism. And, speaking of Shostakovich, his Fifth. Music director Thomas Shoebotham says in pre-concert talk that he wants to convey the Volkov subversive interpretation of this work's meaning. Does so by conducting really slowly. Spent the day sitting motionless in an auditorium seat, watching highly educated professionals on stage battle with their computers over who was going to be in charge of which slides the computer projected or what music samples it played: them or the computer. Usually the speaker eventually won out, but it was always a struggle. Another couple of British professors, amid much other intriguing material on the history of violin playing (with actual demonstrations, thus inserting a welcome note of the genuinely practical into the proceedings), asked the interesting question: to what degree do really old recordings sound quaint because the performing style has actually changed, and to what degree is it just because they're really old recordings with really weird and sucky sound quality? Actually, this question had already been answered earlier in the morning by an undergraduate presenter, who played a clip of Pablo Casals' first Bach recording. This was 1915, long before such habits were widely disseminated, but there's Casals playing with the firm vibrato and richness of tone that resemble how cellists normally play today. And the sound quality doesn't stand in the way of that perception at all. So when the great violinist Joseph Joachim in a recording from 1903 sounds like a nasal insect, maybe it's because he really did play like a nasal insect. Next: theories, rather plaintively presented, on how to revive interest in classical music. Turn concerts from theme presentations back into the variety shows they were in the 19C. (Um, when was the last decade that variety shows were booming on TV?) Encourage applause between movements. (I'll go along with that one, as long as it doesn't become obligatory and hence perfunctory.) And the big one: step away from the identikit performance style and allow performers to express their individuality, the way actors do. (That may help, but not as much as you think, because the range of performing possibilities in classical music is just not that wide, and it includes "nasal insect.") Nice try, though. Proved that it helps out Scriabin a heck of a lot, at least. Nicholas McGegan, conductor of the Philharmonia Baroque, rambled on entertainingly about the practical challenges of running a period ensemble. Among them, the strong acoustic differences among venues, which often requires re-rehearsing a performance with different parameters, like tempo, for each venue. He said they've got a church that looks like an International House of Pancakes [I call it the Concrete Tent myself] but has nice sound, another church resembling "a very elegant bathroom," and a theatre that's "as dry as James Bond's martini." Also dry: McGegan's wit. And another one of those overenthusiastic people who wave around their artifacts of the composer's intent as if they were the holy tablets being brought down from Mount Sinai. This time the composer was Mahler, and the tablets were a score of his Fourth marked up by Willem Mengelberg with (what it said were) Mahler's instructions, and an attendant recording (made long after Mahler's time, of course). This was interesting, because I'd just gotten to the point in Robert Philip's book where he discusses how Mengelberg was his own man and didn't necessarily do exactly what Mahler wanted. Then you have to explain Bruno Walter, another conductor who worked even more closely with Mahler and carried his imprimatur, but whose performances came out quite differently. Presenter tried to square the circle by calling Walter "authorized" and Mengelberg "authentic." wtf does that distinction mean? Philip says that they both had their own styles and that Mahler, like most conducting composers, may have had his own preferences but was less interested in dictating specifics on other conductors than in ensuring that they made his music sound good, which allows for differing interpretations. That makes more sense to me. In the evening, a concert by the Russian Chamber Orchestra, a group almost but not quite ready for prime time, flipping "period-style" Baroque performance on its head by playing two Handel concerti grosso (Opp. 6/2 and 6/10) and one Bach Brandenburg (No. 5) in the period style of the early-mid 20C. As one of the conductors whose recordings were being used as a model was Furtwängler, not surprisingly this meant: big, heavy, slow, lugubrious. Worked out pretty well, though. After Kumaran Arul played the keyboard cadenza of the Brandenburg (on a full-size modern Steinway, because that's what they used in those far-off days of the 20C, and at about a quarter of the speed that today's harpsichordists tend to buzz it off in, too), the final cadence of the movement came thundering down with a weighty inevitability like I've never heard in a Baroque performance before. The inter-movement applause after that one was spontaneous, and deserved. It was the first day of the third roughly-biennial Stanford symposium on historical performance practice as revealed in ancient recordings, and I managed to get to a few of the sessions and the concert. Some guy who calls himself a "sound archaeologist" used recorded examples to try to convince us that three performances of the same Schubert song were stylistically diverse enough to count as different works. That depends on where you're coming from. Anyone familiar with pop music cover versions would stare at that claim in disbelief. Then he tried to convince us that early Brahms piano recordings with deliberately sloppy articulation were better than ones with even articulation. Maybe for you, buster, but not for me. (His "bad" example was Dame Myra Hess. I always liked old Dame Myra.) Another presenter, British by nationality, employed his countrymen's noted rhetorical tick of proclaiming an intention of discarding the baby with the bathwater (his choice of metaphor) to see how provocative he could be. Like the sound archaeologist (and, indeed, like 99% of the speakers at any of these conferences) he decries the modern "geometric" style of playing that presents the notes as they appear on the page and extols the older "vitalist" style in which the score is only a suggestion, a beginning point for an individual interpretation. (Terms from Richard Taruskin, the big looming physically-absent presence - he was going to be here, but he's in the hospital - at this conference.) Where the presenter's argument led him into intellectual incoherence was in describing adherence to the score as elevating the composer into a "fascistic dictator." Wouldn't the neo-vitalist project of unearthing and worshipfully reproducing the style of the composer's own 1903 sound recordings (presenter-provided example) be a potentially worse fascistic dictator than following the score? (Not that the guys in this project have gone that far; but is any "geometric" performer really doing that either?) On top of which, he explained that the "vitalist" style died out because, via its perceived elevation of German music as emotionally superior to all others, it got sucked into Nazi ideology and was thereby discredited. Weren't the Nazis actual fascistic dictators? In his conclusion he briefly noted that slavery to vitalism would be bad too, but his estimate of the relative dangers seems misjudged. And this from a guy who also considers the interchangeable artistry of the "geometric" style to be an economic conspiracy to save money on rehearsal time. The evening concert aimed to provide contemporary examples of older-style performance as inspired by records. The problem for me is that I can't really hear that if I don't already know the work. Lieder by Clara (instead of Robert) Schumann, and a surprisingly witty trio for the "we need to back-order this" combo of oboe, horn, and piano by the oft-cited but rarely heard Carl Reinecke were pleasant to listen to, but if they showed the claimed asynchronicity of timing or expressively variable tempos, you couldn't prove it by me. Then there was Rachmaninoff's suite for 2 pianos, Op. 17. That one I have heard before. This was a more enjoyable performance than Music@Menlo gave: more incisive, more varietal, and frankly sounding more like Rachmaninoff. Was that because the performers, Stanford piano pedagogues Kumaran Arul and George Barth (also conveners of the conference) were conspicuously out of sync in some passages? Maybe, but if so I don't see how. I think it was because they were just interested in playing the music and didn't try to make a show out of it. Of Itzhak Perlman's recent visits here to both play the violin and conduct in the same concert, I found this the most enjoyable. It was certainly the most hefty and lengthy. Two Seasons from Vivaldi, plus a Mozart symphony with all the repeats and Tchaikovsky's Fourth, no svelte chicken itself. Perlman was rather dry in the Vivaldi solos, and he mostly eschewed joining in on the tuttis in favor of wagging his bow at the orchestra. Conducting Mozart's Prague Symphony and the Tchaikovsky, they came out rather alike: clipped articulation and clear-cut sectioning, joined with a good sense of line to keep the melody going and a fast springing rhythm to keep the energy up. Usual Perlman shenanigans of checking to make sure that the concertmaster has handed him the correct violin after he's finished seating himself. Scott Fogelsong gave one of his typically self-indulgent pre-concert talks, using Vivaldi's bird imitations as an excuse to insert an entire lecture on the history of the cuckoo in classical music, and bouncing around the stage while playing recordings of Mozart. I hope he doesn't do that if you're seated next to him. painter of what? So Thomas Kinkade, the "Painter of Light," has passed into it. I'm afraid I always thought of him as the "Painter of Buildings on Fire." The strength and intensity of the light pouring out of his windows generated but one reaction in me: Get a fire hose! A strong one! Quick! If you could tear your eyes away from that spectacle, the surrounding lush flower-bedecked landscapes were pretty, but were so neat and verdant that they appeared somewhat artificial, the same way the imaginary lands in a Tolclone novel feel artificial. What they remind me of more than anything else are the kinds of tourist guides to England or European countries written by rich self-centered Americans who see the country as an unpopulated (there are no people in Kinkade's paintings, either) historical theme park preserved for their private enjoyment. In the traditional postmortem activity of finding the silk purse in the sow's ear, Kinkade is being lauded for having given many people a lot of pleasure. And it is true that he did. But on that account we should eulogize porn stars on the same basis. Do we? One thing I can tentatively praise Kinkade for, though. I have never seen any of his originals up close, and, unless you have, it's difficult to detect this feature clearly in reproductions. But Kinkade took Norman Rockwell as his master, and I have seen Rockwell paintings in person, and however corny they may be, know this: up close, the overwhelming impression given by a Rockwell painting is his absolutely awesome mastery of draftsmanship. It's sheer joy just to gaze at his lines and the details they convey. Many, even most, canonical great painters don't have that level of that kind of mastery. Their paintings break down on close inspection. The impressionists tried to make a virtue out of this, but most painters are, beyond a certain zoom level of detail, just sloppy. And unless that painter is an absolute master of large-scale vivid imagery - Van Gogh, whose work I saw in person not long ago, is a good example, and his paintings look better the further back you stand - I'd rather see the work of the great draftsman (or -woman, but I don't know enough painters to give an example). As I said, I can't tell from reproductions if Kinkade had Rockwell's detailed drafting skill. But I think that maybe he did. And if so, that earns my admiration. CD review: Nielsen When the CD for review pointed its virtual finger at me and said, "Tell me everything you know about Albert Roussel," I had to paddle water until I could do some research and listening. But when it said, "Tell me what you know about Carl Nielsen," it couldn't get me to shut up. Hence all the history lessons and such - I really am a historian, not a journalist, at heart - in my review. The funny thing is that, on first encounter, I hated Nielsen's music. That first encounter was a performance of his (deliberately) erratic and inconsistent Fourth Symphony by a student orchestra. It must have been a terrible performance; I couldn't tell because I didn't know the work then. Anyway I determined to avoid him. I was still in high school then. A few years later, in college, I'd read enough about him in favorable context that I figured I'd better give him another try, on record. This time I hit on the Second and Third, and was immediately sold. The Second is still my favorite Nielsen symphony, and the Third (a favorite of Leonard Bernstein's) probably the greatest by my standards, and if you like the excerpt of the First attached to the review, give them a try. Modernist Nielsen fans tend to extol the Fourth and especially the Fifth because they're so innovatively deconstructionist. I agree that they're great art of their kind, but their kind is disconcerting, whereas earlier Nielsen is so enjoyable, turning away from it is like giving up this cat in favor of this one . No comparison. And then there's the Sixth, easily as modernist as the Fifth, but it's reconstructionist, and that's telling when the modernists tend to ignore it. They don't want modern music, they just want to kick the cans over. (One thing I have to add about where in the Sixth "the music dramatically suffers the composer’s recent heart attack." This inevitably reminds me of the moment in Holy Grail where Arthur and his knights are being chased by a horrendous beast, "when, suddenly, the animator suffered a fatal heart attack. [Gilliam pitches over in his chair] The cartoon peril was no more.") The sample excerpts my editors chose to go with the review are the exposition of the first movement of each symphony. You can hear the bounding energy in the First, and also its terseness, and the sudden modulations at 0.53 and the whole sequence between 1.30 and 1.46; in the Sixth, listen for how the jaunty march that begins at 0.18 keeps getting harmonically undercut (first at 0.26, and differently at 1.28) and derailed (first at 0.32), and then the "bite" of the violas as they allude to that theme at 1.15. Sorry, burbling again. Mark Evanier trots out the tired and fallacious old defense of bad movie adaptations, "the book is still on the shelf." Here's the letter I sent in reply. I got no answer, either by e-mail or in a blog post, but then I never do from him. (The Three Stooges context was his reference.) I have to raise objection to your anecdote about the author (I hear the story often, and usually it's said to be James M. Cain) who said, "My book isn't ruined, it's still right there on the shelf." That may be true when the book, like Three Stooges movies, has no dignity. But when it does, no matter how beloved and oft-read the book is, that dignity can have its hair pulled or a tire iron smashed over its head, and, unlike when Moe does it to Larry, it hurts. A book sitting on the shelf isn't alive, it's dead. It doesn't live unless somebody takes it down from the shelf and reads it. When they do, it comes alive in their imagination. That's the thing about books: unlike movies which tell you exactly what everything looks and sounds like, books leave a lot to your imagination. And if your imagination has been hijacked by a movie of that book, your individual creative imaginative experience has been ruined. It will happen. Movies are powerful experiences, and while they may sometimes be forgotten, they can also make a permanent impression. You can see this in little things. Fan drawings, in science fiction convention art shows, of characters from The Lord of the Rings used to show a variety of imaginative interpretations. Now they all look like the actors from the Peter Jackson movies. Second thing: A movie can take over the conversation about the book, even when the conversation is specifically supposed to be about the book. I've seen scholarly articles about Tolkien which say things that are true of the movies, but not of the books the article is supposed to be about. And the general run of readers today know nothing about Frankenstein or The Wonderful Wizard of Oz, even though they're still much-read books. People are always completely surprised when they pick up the books and find out how unlike the famous movies they are. The movies have drowned the books out. Lastly, sometimes it's not even true that the book is still on the shelf, if that shelf is a bookstore shelf. Sometimes it's been replaced by a novelization of the movie.	cc/2019-30/en_head_0030.json.gz/line134
__label__wiki	0.65549	0.65549	hush, and restless The same medical issue that put paid to B.'s singing career is now, it turns out, being exacerbated even by her talking, and she's been prescribed complete vocal silence. For three months. Like Buffy in a similar situation, albeit a different cause, she's gone out and bought a dry erase board, and that, plus a lot of notepads, a computer display, and some gesturing are enabling her to communicate. But you may see her even less than usual at social events for a while. The hope is that, with sufficient rest, she might even be able to sing again, and nobody could be against that except the viola lobby. Meanwhile, I went out with two items on my agenda. First, lunch with my stepmother, visiting from Wales on a long-delayed trip that had not been possible while my father was still alive but unwell, and which she's describing as probably her farewell trip to California. So that affects the agenda on future trips I take to the UK. And to buy my pocket calendar/address book for next year from the little stationers' with the best selection. Only to discover that the manufacturer has discontinued the model that I buy. That I have been buying annually for over forty years. Some loyalty to their customers they have. I searched long and hard for an adequate substitute among the other varieties, considering switching from a month-at-a-glance to a week-at-a-glance, or to an otherwise adequate one that's too big to fit in my pocket, and wound up taking one whose most serious deficiency is that the spaces for weekend days are half the size of the others. Since most of my appointments are on weekends, that's a burden, but I think I can live with it, especially as it also has a notepad which I can use for the miscellaneous notes with which I am increasingly inclined to festoon the calendar. English suites no. 4 We've had suites for strings, how about one for winds? This is Vaughan Williams' Suite for Pipes. He evidently meant a quartet of home-made bamboo flutes, but it's usually played on recorders, here by the late David Munrow and the Early Music Consort of London, who were always up for later music if early instruments could play it. There's four movements, rather loosely titled Intrada (0.01), Minuet (3.10), Valse (6.13), and Jig (9.02). My first concert of the new season, and my change to regularly going on Thursdays because they're no longer playing on Wednesdays. I go all the way to the City to hear things like MTT leading the Berlioz Symphonie Fantastique like he did last night. Pure clarity in the blocky orchestration, huge thrumbing rhythmic drive in the bass, cool smooth lyricism without heaving in tempo or dynamics which Berlioz does not call for, weird dying falls in the cut-off notes at the beginning of the finale. Fine performance, though the most interesting thing was the pre-concert lecturer giving evidence that Berlioz, who idealized Beethoven, modeled the "March to the Scaffold" as a negative image, a kind of emotional inversion, of the finale of Beethoven's Fifth, and the "Witches' Sabbath" similarly on the "Ode to Joy." There's a moment in the "Ode to Joy" where a fugato leads to a triumphal reappearance of the main theme; in the "Witches' Sabbath" a fugato leads to a dark triumphal spouting of the "Dies Irae". That sort of thing. Also on the program, Jeremy Denk doing an unvarying mumble through the solo part of Bartok's Piano Concerto No. 2. The orchestra did well, but that didn't help much. I'd started with Gustav Holst, so one's thoughts then turn to his close friend and colleague Ralph Vaughan Williams. VW is, to my ear, the greatest of all 20C British composers, but he wasn't as keen on the suite as a form as Holst was. He did write a few, though, and a highly characteristic one is the Charterhouse Suite for strings. This has an unusual origin. VW wrote it for piano, an instrument he was not often drawn to. It was arranged for strings by another hand, but it still sounds a lot like VW, in part because the arranger was good, he worked under VW's supervision, and also because much of the music is modal, typical of his work. The six movements are Prelude (0.01), Slow dance (1.44), Quick dance (3.40), Slow air (5.57), Rondo (9.40), and Pezzo ostinato (11.43). Enjoy the attractive views of the English countryside on the visual side of this file, too. Since RVW was pre-eminently the composer who caught the spirit of the land ("cowpat music," those who didn't like it called it), that's appropriate. I came across a list I once made of movies that had been nominated for major Oscars (picture, acting, directing, writing), which seemed to be the best way to manipulate Oscar statistics to most closely approximate a list of notable movies. I'd also noted which ones I'd seen, and have been filling in gaps of time by watching (from YouTube, which has a lot) some famous early 50s movies I'd never seen before. 3 1/2 of them, and they are: Sunset Boulevard. The real winner of the bunch. The gothic atmosphere, and outstandingly vivid performances by leads Gloria Swanson (Norma) and William Holden (Joe) - Swanson is playing a grotesque caricature of herself, and why did she agree to do it? - made for an engrossing movie. This despite holes in the plot. When did the swimming pool, which plays such an important part in the story, get cleaned and filled up? It was empty and had rats living in it when Joe arrived at Norma's mansion. This relates to a general inconsistency as to whether Norma is keeping glamorous and up to date - her clothes are - or is a crazy cat lady recluse. Also, Joe is one of those characters so common in old movies who keep abruptly and inexplicably changing their minds. He dumps the (rather insipid) Betty by declaring his satisfaction with being kept by Norma, and then immediately turns around and leaves Norma, saying he's going back to Ohio, the one option he'd ruled out earlier as it would be an admission of failure in Hollywood. WTF does he want? Is he self-destructive? If so, he gets what he wanted. All About Eve. Another movie about actors, and also so negative I'm astonished they could get any actors to perform it. Bette Davis (Margo) and Gary Merrill (Bill) got married in real life as their characters do in the movie, and a few years later had the same messy divorce that you can see Margo and Bill headed for. The movie seems pretty well performed, but perhaps it's flat writing that made it less interesting than Sunset Blvd. At a party, Margo is being pissy, and her friends say they've seen her like this before; is she getting over it or getting into it? She walks away and then turns around and delivers one of the most famous lines in film history: "Fasten your seatbelts. It's going to be a bumpy night." But it isn't, not really. And if I started discussing Eve, I'd be here all day, so let's drop it. I should just add that there's a minor, and apparently unnecessary, ingenue character played by a then-unknown washed-out blonde named Marilyn Monroe. I wouldn't have predicted much of a career for her. High Noon. I recognize that this is an Important Political Message flick, but it's not really a very good movie. The Big Bad is coming to town on the noon train, and marshal Gary Cooper spends a tedious hour wandering around town trying to find deputies to help him fight the guy, but everybody chickens out and he has to face him down by himself. That's it; that's the whole movie. There's a huge lack of context: who is this Quaker woman Coop has just married, and why did they hitch up? If he's so sure the Big Bad is going to be trouble, why can't he do anything about the 3 henchmen hanging around the train station? (And talk about scenes that ought to be suspenseful but aren't: wow.) And even if Big Bad is sure to shoot Coop if he sees him, if Coop skips town - which everyone is expecting him to do - what will Big Bad do then? As far as I can tell from what the townsfolk say, his evil plan is to liven up the saloon and bring more customers to the hotel. Father of the Bride. I think maybe I should just avoid old comedies. This one was too painfully bad and unfunny to watch. a memorial for Jordin Kare This was held yesterday afternoon, at Jordin's sister's house in the Presidio Heights of San Francisco, a neighborhood so pleasant it actually had available street parking. A fair but not overwhelming crowd appeared, of SF fans, filkers, and scientist-engineers, all of which Jordin was. Many were people B. and I knew, though some I had not seen for many years. Like other such gatherings I've attended, it featured people taking turns to offer reminiscences and tributes, but unlike some it did not last interminably. The tributes lasted no more than an hour and a half, after which we milled and ate from the table spread. B. and I were able to make our rounds and then leave early enough to get home for dinner, which made things easier for us and also for the cats. The first speaker was a scientific colleague who spoke of Jordin's energy and prolificity as marked by his hundreds of patents with hundreds more still pending (it's a slow process), by the end of which he will be one of the few, all very recent, who have surpassed Thomas Edison's record for greatest number. When it was my turn, I spoke of much that I said in my memorial post, emphasizing how in organizing The Westerfilk Collection and encouraging his colleagues, including myself, to do our best and hardest work, he was displaying the same leadership skills he'd later apply to building rockets and designing laser propulsion. Of course we also spoke of Jordin's quick wit. My favorite story of the day came from a SF con panel at which one had described his experiment in which rats were taught to run a maze; but by giving them an electric shock afterwards they forgot it all and had to re-learn from scratch the next day. Jordin immediately spoke up. "So you pulled a habit out of a rat," he said. This is here to show that Gustav Holst could also write music that doesn't sound hearty-English. Many European composers have written "tourist music," assimilations of flavors from elsewhere in the world to the European idiom, inspired either by visits or sometimes just by a score collection of music from that country. Holst really did visit Algiers; the Beni Mora Suite is his report on North African music, and my favorite of his out-of-the-regular-order music. An exotic and hypnotic piece, especially in its third and final movement, beginning at 10:24, which repeats a tuneless phrase that Holst heard a bamboo flute player perform nonstop for two hours. (Here it lasts less than 7 minutes.) (Some critics have called this movement "proto-minimalism," proving only that they don't have the slightest idea what minimalism is.) 1. Another commitment today means I can't attend the Redwood Symphony's opening concert tonight, despite my interest and the pleas both of my editors and its conductor to have me there reviewing it, so I substituted by using it as the kick-off for a round-up of the local classical concert season. Word-count restrictions meant I had to stuff the professional chamber music societies at the end (and I even left out entirely the one that plays in a dreadful hall). 2. Cat report: Maia has a particular sound, a rising trilled purr, which means "Please resume scritching my head." Every time I took even the briefest pause from this arduous duty, she'd utter this. Petting sessions customarily last about ten minutes (until she jumps down from the bed), twice a day after meals. You can count on it. Pippin, meanwhile, is still thinking outside of the box, to the pleasure only of the accountants in the paper towel industry. 3. If Jimmy Kimmel knows more about health care than a passel of Republican Senators, which sadly he does, then it's no surprise that John Cleese knows more about political analysis than a passel of reporters. In this interview he points out something that's puzzled me. Every time I see an article purporting to explain why Trump won so many working-class votes, the article goes into great detail about economic suffering, particularly in rural areas, but never - not once - do they go on and address the question that this is the first time I've seen put in print. In Cleese's words, "why on Earth did the less successful people think Trump was going to do anything he said he was going to do to help them?" 4. I'm not happy with having a "president" implying threats of nuclear war against another country, are you? I suspect the rest of the world isn't thrilled either. And as long as it's still limited to trading verbal personal insults, I have to say that the other, non-English-speaking, party has a more virtuosic command of English-language insults than our English-speaking one has. 5. Anybody re-watched the video of "Despacito" since the hurricanes hit Puerto Rico? Wondering whether anything in the outdoor scenes is still standing? That'd make a great hook for a feature article, but I haven't seen anything of the sort. 6. I was not tremendously thrilled by my experience having an evening out at a comedy club in LA, but it wasn't a bad experience, and lordy lordy was it nowhere near as awful as this. 7. Another thing I did in LA was return to the Richard Nixon Presidential Museum. I'd been there once when it was a private entity, and I awed at its description of Watergate as a conspiracy organized by John Dean and Sam Ervin to overthrow Nixon. I wanted to see how it's changed now that the museum is federally-owned. The contents have been entirely revamped, and the Watergate display is a detailed timeline of impressive veracity, but other parts of the museum are more slanted (there's an implication that South Vietnam fell only because Congress failed to appropriate enough money to support it after the US pulled out), and the only books on Watergate in the gift shop are more conspiracy theory nut jobs. 8. Teenagers who don't drink, drive, or date. Note that this is only a trend. "The portion of high school students who’d had sex fell from 54 percent in 1991 to 41 percent in 2015." Still a lot on both sides at both dates. Apparently the reason they haven't learned to drive is that the only reasons they see to drive are to get you to places where you can drink or date. Well, even back in my day I didn't drink nor date in high school, but I did drive, because it was the only way to get anywhere in the trackless suburbs, even to go shopping. And my parents were thrilled to have me available to drive my little brothers to their lessons et al so that they didn't have to do it; they encouraged me to get my license at the first available opportunity. The newer law prohibiting under-18s from driving other minors without an adult present would not have pleased my parents. And maybe that's a reason for the difference. This has been Gustav Holst's birthday, as the radio announcer kindly informed me, so it's as good a time as any to use a Holst work to launch a musical project I've been mulling for some time, which is a series of pleasant, mostly modern, suites, first by English composers and then branching out. This is probably the best-known one I'll be presenting in the entire series, Holst's St. Paul's Suite. It's played by a student orchestra from Poland, which might account for the unusual sonority. The players are all female, appropriately, as Holst wrote the work for the students of the St. Paul's Girls' School, where he taught music for many years. Like many of the suites to come, it's in four movements vaguely replicating sonata form, and the finale, as with many of Holst's best works, incorporates a sturdy old English folk tune. oh Hillary In the airport, waiting for my flight out, I wandered into the bookstore to see what there was to read, and saw the newly-released Hillary Clinton memoir, What Happened (this was last Thursday, and the official publication had been that Tuesday). Excellent. This was my chance to register my vote against those who had been declaring that she should keep silent and disappear. So I bought a copy, and read it on the trip. Now B. has it. Anyone who says that the author blames everyone but herself hasn't read the book. She takes on a full measure of responsibility and owns up to some specific mistakes, as well as to some decisions that might have been mistakes or not (like not calling out Trump when he stalked her onstage), because who knows how it would have come out if she'd done differently? But, you know, 'it takes a village' and Comey and the feckless media deserve their share of blame too. (And if defeating Trump should have been a slam dunk, then why couldn't Jeb, Mario, Ted, or any of the rest of that gang do it? Especially after all the pleadings to suspend the rules and do it?) In fact, the only people whom Clinton doesn't blame at all are her staffers. Which points to the problem with the book, which is that, while Clinton may be willing to own up to having committed faults, I don't think she really understands what they are. Too much of her defense consists of demonstrating that she tried hard, as if that amounted to doing a good job (the "A for effort as a final grade" fallacy). Nor does she seem to be able to think of appropriate sound bites to respond to attacks. She was flustered by the quoting out of context of the "putting coal miners out of work" line, so why didn't she respond by putting it back in context by simply repeating the next line of the original speech, which amounted to therefore we must take care of these people? Like the policy wonk she is, Clinton spends a lot of the book diving into specifics of proposals, which is fine; but, like Obama too often, she lacks aspiration, stars to steer by, goals that may be unreachable but that at least you aim for. That's what gives people hope, and gives them the energy to work for the lesser, practical goals that are actually achievable. Bernie Sanders understands this, and that's what generated enthusiasm. Electing a woman shatters a barrier but isn't a substitute for this. There'll be plenty of time to move on to the next thing. But as historians, we need to understand where we've been and how we got there. This is a start. You travel hundreds of miles to attend the memorial service of someone you hardly ever met because of your love and affection for the mourners in their family, whom you do know well. That's why it's more than worth the trip. concert review: Pacific Symphony I'd known that Orange County had its own professional orchestra, but up until now almost nothing about it. But opportunity arose, so I found my way to the office park between Santa Ana and Costa Mesa where lies the Segerstrom Concert Hall. It's right next door to another venue also called Segerstrom Hall, which had on a stage play. It would be futile to suggest that this is confusing. The hall is small, shaped more like a hatbox than a shoebox, and has bright beefy acoustics. This was ideal for displaying the orchestra, led by longtime music director Carl St. Clair, in the Farewell and Magic Fire Music chunk from Wagner's Die Walküre, completely riding over even the immensely powerful and profoundly deep voice of experienced Wotan Greer Grimsley. (Grimsley looks rather like Patrick Stewart with a full head of long hair, and sounds not unlike him too.) This acoustic quality would be highly exposing of performing flaws, but there really weren't any. St. Clair gave an urgent searching quality to Wagner, Strauss's Don Juan, and the anchor of the program, Beethoven's Fifth. An abrupt way with the fermatas on the opening theme reinforced that. The orchestra was tightly marshaled without being strained, and had a smooth sound with only the piccolo poking out on top. There's a huge video display above the orchestra, though the hall is not so large as to need one. But this is LA, where nothing is real unless it appears on screen. Pre-concert lecturer Alan Chapman noted the simple construction of Beethoven's famous opening motif, and said that "the genius of Beethoven (or Mozart) is to take something that simple and make something that complex from it." That's exactly right, and sums up what awed me about this work on my first encounter with it, an encounter which made me a permanent fan of the heavy classics. In other good news, availed myself of proximity to have a long palaver with Sartorias in her lair. In sad news, heard of the recent death of DavE Romm. Alas. I knew him, Horatio: a fellow of infinite jest, of most excellent fancy. As for why I'm in LA, that will come later. But as long as I'm here, I decided to try out two iconic entertainment venues that I'd never been to before. My reaction to the Hollywood Bowl was, "And now I don't ever have to come here again." Hearing that parking was dicey, I took a park-and-ride bus that delivered us to the front entrance. But words are insufficient to describe the battery of elevators, escalators, tunnels, and other passages, plus a metal detector, that it was still necessary to pass through, past an assortment of stands selling hot dogs and banh mi sandwiches, and picnic tables packed with people eating them, to head further uphill to the arena itself. It was an even longer and more arduous walk afterwards to where they parked the buses to leave, though at least that was downhill. The arena itself is huge. I splurged on a plastic sports-stadium seat, instead of the wooden benches. I think I was a quarter mile from the stage, and yet still less than halfway up the seating area. There are large video screens by the side, and a tinny amplification system. This did not enhance an otherwise creditable all-Mozart program by the LA Phil. And the Bowl's clout does not extent to prohibiting aircraft from flying overhead during the concert. I would far rather have gone back to Disney Hall, if only the regular LA Phil season there had started yet. The Comedy Store was a new experience for me. In my extreme youth (and I mean extreme) I saw live both Bill Cosby (in a theater) and Allan Sherman (in a hotel lounge). But I don't think I'd seen live comedy since then. I didn't know quite what it'd be like. The main room is a nightclub setup, with upright chairs and small cocktail tables. The doorwardens ask you how many are in your party, and escort you to seats they choose. I wound up sharing a table with two young women who conversed during the entire show. The performers' microphone was loud enough that I didn't have trouble hearing, but the distraction was still annoying. Fortunately we are long past the days when smoking was allowed in such places. The show consisted of a series of 15 or 20 minute stand-up comedy sets, each ending by the performer abruptly announcing, "I gotta leave now" (did a red light go on at the back of the room?) but then having to stick around for the degrading job of introducing their successor, after asking the PA guy who it'd be. It started at 9 pm, and how long it lasted I don't know, because after about 2 hours people started to leave, enabling the performers to start making whining jokes about how few people were still there to hear them. I stayed for 3 hours and heard 10 or 12; I lost count. One black man, one white woman, the rest all white men. Lots of jokes about male-female relations, mostly rueful about the foibles of men. Most of the performers were in their 40s or older; the audience looked mostly under 40. This enabled a couple of the Gen-X types to make jokes about Millennials, rather hostile ones. One of the oldest performers made jokes about AA meetings, an underexplored and impressively productive topic for humor. The only performer I'd ever heard of was Yakov Smirnoff, though I gathered from the introductions that some are known for their podcasts or tweets; it's a new world. Most of the performers were pretty good, a couple decidedly not. Tickets were actually a $20 cover charge; you're required to buy at least two drinks, but considering that this is a profit-making function, it wasn't too much a ripoff at $8 for a glass of wine or $4 for a Coke, which were my choices. Fortunately the servers were on the ball, because they take your credit card when you order your first drink and don't bring it back until you finish your last, which is alarming. They claim to offer vouchers for parking at a garage 3 blocks away (a long walk), but there was nobody at the exit to give me one when I left. eating like kings You all remember this classic Far Side cartoon: I think it was David Levine and Kate Yule who would remark, "They're eating like kings on the front porch" whenever a spider web had managed to cross their front walkway. Well, a large spider visible at the center of its web managed to do the same thing at ours today, and that was a feat, because the nearest available fastening points, the walls surrounding our front and side patios, are some eight feet apart. The main web, an impressive structure on its own some two feet high, was near the side, and a pair of long but sturdy threads connected it over to the front wall. It was with some regret that I cut those connecting threads prior to walking through, and the big spread-out web promptly curled up into a ball with the spider still in the middle of it. Better site planning next time? a sign 1. The most interesting unintended point in my recent reading, apart from the scholarly treatise with a footnote on p. 307 reading "See p. 307" (this book is from the 1950s, so it's not a sign of the recent decline in copy-editing), came in a book titled Beatles '66: The Revolutionary Year by Steve Turner (HarperCollins, 2016). The idea of discussing just one year in the Beatles' career - this is the year in which they transformed from a mop-top touring pop band to mod-dressed studio artists recording "Strawberry Fields" and "Penny Lane" - is to give a closer focus on their lives than a broader coveraged book can do. Anyway, the detail is extensive enough to discuss the theatrical acting career of Jane Asher, Paul McCartney's girlfriend. And there's an illustration in the form of a copy of the program from a play she appeared in. It's on p. 37 and it looks like this: Did you notice - because Turner says nothing about it - a name of particular future moment on that cast list? And yes, I've checked, and that person was associated with this company, so that is the same one and not a namesake. I was tickled and perhaps you shall be. 2. Possibly in honor of the anniversary of 9/11, I watched World Trade Center, Oliver Stone's movie about the two cops who were pulled out alive from the wreckage after being found the next day. It's tasteful, it doesn't indulge in conspiracy theories, and it's detailed on what the cops had been doing that got them caught in the first collapse, but the rescue was simultaneously overdramatized and oversimplified, and I got more uneasy the more attention was spent on the wives and families. The movie doesn't try to hide that most people still missing the day after never came back, but to push these two gives the impression that the movie is saying they somehow deserved a happy ending more than others. I don't think that was intended, but that's how it comes across. 3. And today's weather featured a midwestern-style late afternoon thunderstorm, donner and blitzen fizzing out of a not entirely overcast sky without a drop in temperature or humidity, unlike the uniformly bleak vista from pole to pole and low temperatures that are normally required to get such action in California, and that normally only in late fall or winter. It's changing, all right. Kingfisher, by Patricia A. McKillip The topic for today's meeting of our Mythopoeic Society discussion group. As usual with a McKillip, I enjoyed reading this book, especially for passages like this one: "Sorry, sirs," the driver announced upon consultation with his dash. "Both lanes are blocked up ahead for nearly a mile. They don't know how long before the road is cleared." He paused, listening again. "They're - ah - they're advising people to turn around, catch another road back in town that runs through the hills around the - ah, the - ah - problem." He sounded oddly shaken. Leith asked, "What exactly is the problem?" "Seems to be a mythological beast in the middle of the road, sir." "You disgrace the name of King Arden." Somehow Leith and Val had pushed their way into the tightly crowded kitchen. "You disrupt people's lives and steal from them," Leith continued sharply. "You are not true knights, and no true god would accept your worship. You're nothing but marauding thieves." "We are questing knights, Sir Leith," Prince Ingram protested. "You can't change facts by calling people names." "You're trashing a restaurant kitchen. How proud would your father be of that?" But don't think from these that this is a book that lives off the ironic contrast between a modern setting on one hand and medievalist and mythic content on the other. In fact they're strangely well integrated. This is a story set in a standard fantasy imaginary kingdom with monarchs and princes and wizards and lore and magic, with landscape modeled on the Oregon coast, that just also happens to have cars and cell phones and restaurants, lots and lots of restaurants. McKillip, who's always concentrated on the domestic arts in her stories, and has set plenty of previous books in inns or castle kitchens, also focuses this one on cookery and even more on dining. But it's more than that. I began to realize what kind of book I was reading in chapter 3, when it dawned on me that the file of staff marching into the dining room of the all-you-can-eat seafood restaurant was actually a Grail Procession. This is a Grail quest Arthurian novel with different names, but it's not just a one-on-one encoding, as the characters are more complex than that, not everything fits neatly, there is (as one observed at the meeting) a considerable amount of The Faerie Queene mixed in also, and the characters are actually descendants of the original "Arthur" centuries ago. Further, another informed us at the meeting that the villain's cookery appears to be a parody of a current high-end restaurant trend that I'd not heard of, called molecular gastronomy. There's a lot to this book; the characters are lively and well-drawn even though quite a lot of them have to be crammed in to a relatively short space, and the main dispute - a scholastic/theological one - is never resolved, so maybe there'll be a sequel? I enjoyed reading this one. So one epic-sized hurricane drowned much of east Texas, and another one is at this moment bearing down on Florida, with a third right behind it that may miss Florida but has already socked the small Caribbean islands that the previous one already got. Closer to home, there's been huge wildfires around both LA and Portland. What we had locally was merely an epic heat wave over Labor Day weekend, 109 F according to the high-school sign down the street. Occasionally over the summers it's gotten too hot to stay up on the upper floor of our townhouse over the days, but never before quite this extreme or this extended. Then, after that was over, we had a power outage, which explains my general absence from online for a few days. This isn't the "new normal." We're long past the tipping point (by over 20 years now, I'd guess), and have reached the stage where climate will probably continue to get measurably worse nearly every year. This article seems as accurate as anything I've read on what to expect. I'm going to go on as I have been, because it's too late to do anything else. I keep thinking of editor Malcolm Edwards' only work of fiction, a short story called "After-Images." That was about nuclear war, but it illustrates the principle of what people do in a situation like this. in memory of Houston I see some bloggers are memorializing the flooding of Houston, since it's not likely to fully recover for quite some time, with their own memories of the place. So why not: I've only been to Houston once, ten-and-a-half years ago (that long, really?), and here's what I wrote about it at the time: I was so glad that Corflu was scheduled for February. The last time I'd visited Texas was in August, and the heat was memorable. I wasn't going to do that again. But as long as I was to be in Austin again, I wanted to see some more of Texas. On my one previous visit, I'd gone into the Hill Country, and though I would have been happy to return, I preferred to try somewhere else within driving distance where I'd never been before. Houston. Houston sounded good, especially in February. That meant I would be going east, and I determined to go far enough east to find good Cajun food, which was said to leak over on to the Texas side of the Louisiana border. And I could visit the one tourist attraction that any red-blooded science-fiction fan would want to see in Houston, the NASA Space Center. The more caustic tourist guides told me that the visitor center there had been turned into more of a NASA theme park, but I didn't find it all that bad. It's a large functional museum with such interesting material as a walk-through mockup of the space shuttle crew area, which is much smaller than you might expect. My only complaint, besides the appalling cafeteria, was that all the relics of past glories - one of the original Mercury capsules, the original Skylab mockup used for crew training, a moon rock display - are tucked into a dark back room with no sign telling you how to get there. A 90-minute shuttle trip took us onto the main campus, with stops at the original Mission Control (into which the original 1965 equipment - complete with dial phones - was reinstalled when the room was decommissioned a decade ago), the crew training facility (from a mezzanine catwalk we could look down onto the huge main floor filled with mockups of everything that currently flies, including pieces of the space shuttle in various different orientations), and one of the original spare Saturn V rockets, lying on its side in a shed built around it to protect it from the elements (with an excellent docent lecture on the rocket's function and role - not that any of this was new to me, but it was a pleasure to hear it well told). I'd picked a motel on the edge of Houston for ease in getting around, which put me in the most desolate suburban sprawl imaginable. Within three blocks (though they were big blocks) of the motel were two different Chuck E Cheeses. I didn't eat there. On the day I ventured into central Houston I did find a genuine Cajun diner of the kind I'd seen in Louisiana. It's called Zydeco. At lunchtime you join a line of hungry businessfolk stretching out the door. The line moves quickly and you pass a menu board that does not do justice to the variety of unidentifiably brown things in the steam table trays. On reaching the server, shout over the noise at him the same unintelligible syllables that the guy before you said. This will get you a bowl of what looks like watery mud. As you sit down at one of the cafeteria tables and dig in, the first couple spoonfuls will make you think "What the hell is this?" but after that it tastes really good. Yep, that's the genuine Cajun diner experience all right. The Houston Museum of Natural Science is worth a visit. It has a big walk-through butterfly cage, where large quantities of impossibly colored wings flit before your face or settle down on little birdbath-like stands where their bodies gorge on honeycombs or fruit pieces. It has dinosaur skeletons. It has displays with everything you could possibly have wanted to know about oil drilling. It has a gem room, a hushed chamber with huge uncut stones still attached to hunks of the living rock from which they were wrenched, all reverently lit behind glass. And when you've finished looking at those, you notice a corner around which there's another whole room of them. And another beyond that. And all the time you are there, the sound system is discreetly emitting Pachelbel's Canon. On the other hand, I have never seen a bigger ripoff than the Rothko Chapel on the University of St. Thomas campus, this despite the fact that they don't charge anything to see it. I knew that Rothko was a minimalist painter, but I hadn't realized that even he would decorate an uninspiring and otherwise empty concrete octagonal chamber with 14 paintings every one of which was in flat undifferentiated black. I sat on a plain bench for a couple of minutes to act respectful-like while the docent read a book in the corner, and then walked out shaking my head, any desire to visit the modern art museum a couple blocks away completely squelched. I found a far better, and positively fannish, work of art in a neighborhood not far away. You've heard of the Tower of Bheer Cans to the Moon; well, in Houston there is a beer can house, a house covered in aluminum siding made entirely of beer cars. The owner made a decades-long project of removing the tops and bottoms of beer cans, flattening out the rest, and attaching them to his house with the various brands arranged in pleasing color patterns. He also made a low front fence out of intact beer cans. There was nothing to do but admire this from the street, so I didn't find out if he drank all that beer, or what. A topic much explored by Lisa Irontongue, who's noted the peculiar tendency of major orchestras to under-program them. The relative dearth of important women composers historically is less due, I think, to neglect of their works - though there's that too - than to the barriers of access to the highly technical art of composition being then even higher for women than for men, so few ever got a chance to write anything, notable or not. But in the last century education has become more equitable, and today interesting and important new composers are as likely to be women as men. Yet even in their contemporary music offerings, those major orchestras tend to book mostly men. They might throw in one piece by Kaija Saariaho and that's it. My discoveries of contemporary women composers in concert have been in other venues, and over the years I've learned to look forward to seeing names of unfamiliar women on contemporary concert programs, because the chances are higher for women than for men that I'll find somebody really good. Whether it's because the women, being suppressed by other outlets, are more apt to be unknown gems, or simply that women are more likely to write in a style that appeals to me, I don't know. But that's why I was so eager to hear the New Millennium Chamber Orchestra's concert of music all by women composers, and to take the chance to review it for the Daily Journal. And sure enough, I found a dandy composer new to me: Reena Esmail, whose The Blue Room you can hear in full here, in a performance more technically accomplished but perhaps less winning than I heard last weekend. This also gives me a chance to link to Anne Midgette's top 35 20C/21C female composers, with plenty of sound clips. Many of those names are ones I've found in delighted discovery since I began reviewing: Caroline Shaw, Jennifer Higdon, Anna Clyne, Anna Thorvaldsdottir, Gabriela Lena Frank, Valerie Coleman; and others I've known longer: Meredith Monk, Pauline Oliveros, Julia Wolfe, Lera Auerbach, Sofia Gubaidulina, Libby Larsen, Judith Weir, and the criminally forgotten Florence Price. Of course there are some on the list whose music has impressed me less, some I don't care for at all, and a full 8 I still hadn't heard of, but so it goes. Reena Esmail is not on the list; neither are two other of my favorite discoveries, Belinda Reynolds and Stefania de Kenessey; so there's always more work to be done. uh-oh, I patronized the KKK That is not a subject line I ever expected to write. But perhaps, since it's weird enough, this local story may have gone viral: the one about the restaurant in Santa Cruz which closed after widespread dismay over the revelation that the owner had contributed to David Duke's senatorial campaign. I ate at that restaurant. Fairly frequently. It was the best Chinese restaurant on Santa Cruz's westside, and I'd often repair there for lunch after a hard morning's research at the UCSC library. The outside facing was a blank wall with high unrevealing windows and a plain, dingy door: the look of the most uninviting dive imaginable. Inside, though, it was modestly elegant and a little glossy, as was the food. I used to defend it from bad reviews, and my only complaint was that they charged you extra for tea, which no other Chinese place does in my experience. I'm not in favor of organized boycotts of businesses for political opinions unrelated to the topic of their business, but if the entire customer base of Santa Cruz and sundry chooses spontaneously to recoil in revulsion at this news about the owner, I will in this case find myself among them. The owner, who is white and not Chinese, plays a supporting role in the article, both feet stuck firmly in his mouth. He calls the population "stupid," which he then corrects to "ignorant," for believing that David Duke is anything but innocuously "defending the civil rights of European-Americans, whites." Uh-huh. You go on believing that, and that "European-Americans" is the name of a legitimate ethnic group,* and we'll go on avoiding your restaurant. He also wonders why it is that only white people get called "Nazis." Does he? Does he really? *Do I need to explain why it isn't? Somebody - might have been Ta-Nehisi Coates, but I can't find it right now - wrote an essay about the illegitimacy of the bunching of white ethnicities into a racial solidarity movement. I'll go to a German-American festival, where I expect to find jolly men in lederhosen serving beer and bratwurst, but if I read the words "European-American festival," I expect to see skinheads with swastika tattoos. Or not see them, because I won't be there.	cc/2019-30/en_head_0030.json.gz/line135
__label__cc	0.555149	0.444851	‘Policy in place but govt fails in implementation’ Interview Dr Sunil Kumar Joshi Apr 21, 2015- Jajarkot is gripped by influenza which has blown into an epidemic proportion. The efforts to contain the disease on the government part so far have been inadequate. The disease continues to wreak havoc in many VDCs of the district. Prof Dr Sunil Kumar Joshi is a senior doctor at Kathmandu Medical College with around 15 years of experience in public health research and education. He believes that a simple set of precautions could have averted the health crisis in Jajarkot. Excerpts: As an expert how do you evaluate the ongoing epidemic in Jajarkot? We have good plans and policies in place. The government has developed strategic directives to ensure quick response and effective health services during disease outbreaks. However, like many other policies, it has not been implemented and we are now facing its consequences. Despite knowing that the district is vulnerable, the government failed to take any precaution. The fact that the government took days to respond shows how unprepared we are. I don’t think swine flu –influenza H1N1-is difficult to contain. We don’t need expert doctors for symptomatic treatment of the disease, junior health staffs such as Heath Assistants or Community Medical Assistants (CMA) can treat the disease in its primary phase. The epidemic resulted mainly because of lack of health education and the government’s delay in intervention. There are female community volunteers, the CMA and HA in health and sub-health posts who can very well be mobilised for creating awareness on health education. Who is to blame for the delayed response? As far as i see it, the health sector has become more of a political agenda. Various officials raise the question of increasing the number of free medicines, health workers and health institutes. However, no one makes an effort to ensure that the services reach the people. Had the District Public Health Office in Jajarkot taken simple precautions, the disease would not have been such widespread. What could have been the simple precaution? What I have learnt is that diseases usually spread from migrant workers who come from India. We all know that swine flu claimed hundreds of lives in India. Therefore, the government could have established screening facilities in districts such as Jajarkot, from where a high number of workers go to the neighbouring country. This is not the first incident of H1N1 outbreak in the country, therefore the government has no excuse. The government should start thinking of using vaccinations in the most vulnerable areas, if required. The medical staff does not prefer to work in rural areas such as Jajarkot. Do you see this as a genuine concern? I agree on this. Having said that, we should not forget that it is the government that has the authority to make sure doctors and health personnel work in the area they are deployed to. It is mandatory for all MBBS graduates who studied under government scholarship to work at least for two years in remote districts. But this has not been implemented. This definitely reflects the weakness of the government. Could you highlight some short and long term solutions for the ongoing problem? The problem has grown out of proportion due to the delayed response. Preventive and curative activities should be carried out in a large scale. For that, the government should deploy adequate human resources including doctors backed by other supporting medical staff. There should be proper screening to make sure all who have fallen ill have swine flu. They should be treated accordingly. For a long term solution, there should be a strong plan of action in place, with adequate back up staff. The government should also start Public Private Partnership with medical colleges and hospitals to increase its capacity. If each medical college is assigned with three districts almost all the remote areas will have access to decent health facilities. Fearing for the worse › A fresh start Aug 09, 2016full story » Mockery of education Aug 02, 2016full story » Fearing for the worse Apr 21, 2015full story » Guidelines on anvil to ensure workers’ welfare Apr 14, 2015full story » ‘Weak regulation fuel fraud cases’ ‘Weak regulation fuel fraud cases’ Apr 14, 2015full story » Nepal’s labour black-market Apr 14, 2015full story » Major overhaul necessary Apr 07, 2015full story » Dalits, Janajatis, Madhesis falter in grades Dalits, Janajatis, Madhesis falter in grades Apr 07, 2015full story » A lopsided deal Apr 07, 2015full story » Safety oversight to blame Mar 31, 2015full story » Arrivals to Chitwan reach all-time high of 185,644 Jul 15, 2019full story »	cc/2019-30/en_head_0030.json.gz/line140
__label__cc	0.697821	0.302179	Kendall Gigax Westgate Office 419-344-6711 Contact Me Sign In Search Open or Close Menu Address, City, ZIP, MLS# Max Price Max Price $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 $45,000 $50,000 $55,000 $60,000 $65,000 $70,000 $75,000 $80,000 $85,000 $90,000 $95,000 $100,000 $105,000 $110,000 $115,000 $120,000 $125,000 $130,000 $135,000 $140,000 $145,000 $150,000 $155,000 $160,000 $165,000 $170,000 $175,000 $180,000 $185,000 $190,000 $195,000 $200,000 $205,000 $210,000 $215,000 $220,000 $225,000 $230,000 $235,000 $240,000 $245,000 $250,000 $255,000 $260,000 $265,000 $270,000 $275,000 $280,000 $285,000 $290,000 $295,000 $300,000 $305,000 $310,000 $315,000 $320,000 $325,000 $330,000 $335,000 $340,000 $345,000 $350,000 $355,000 $360,000 $365,000 $370,000 $375,000 $380,000 $385,000 $390,000 $395,000 $400,000 $405,000 $410,000 $415,000 $420,000 $425,000 $430,000 $435,000 $440,000 $445,000 $450,000 $455,000 $460,000 $465,000 $470,000 $475,000 $480,000 $485,000 $490,000 $495,000 $500,000 $505,000 $510,000 $515,000 $520,000 $525,000 $530,000 $535,000 $540,000 $545,000 $550,000 $555,000 $560,000 $565,000 $570,000 $575,000 $580,000 $585,000 $590,000 $595,000 $600,000 $605,000 $610,000 $615,000 $620,000 $625,000 $630,000 $635,000 $640,000 $645,000 $650,000 $655,000 $660,000 $665,000 $670,000 $675,000 $680,000 $685,000 $690,000 $695,000 $700,000 $705,000 $710,000 $715,000 $720,000 $725,000 $730,000 $735,000 $740,000 $745,000 $750,000 $755,000 $760,000 $765,000 $770,000 $775,000 $780,000 $785,000 $790,000 $795,000 $800,000 $805,000 $810,000 $815,000 $820,000 $825,000 $830,000 $835,000 $840,000 $845,000 $850,000 $855,000 $860,000 $865,000 $870,000 $875,000 $880,000 $885,000 $890,000 $895,000 $900,000 $905,000 $910,000 $915,000 $920,000 $925,000 $930,000 $935,000 $940,000 $945,000 $950,000 $955,000 $960,000 $965,000 $970,000 $975,000 $980,000 $985,000 $990,000 $995,000 $1,000,000 $1,005,000 $1,010,000 $1,015,000 $1,020,000 $1,025,000 $1,030,000 $1,035,000 $1,040,000 $1,045,000 $1,050,000 $1,055,000 $1,060,000 $1,065,000 $1,070,000 $1,075,000 $1,080,000 $1,085,000 $1,090,000 $1,095,000 $1,100,000 $1,105,000 $1,110,000 $1,115,000 $1,120,000 $1,125,000 $1,130,000 $1,135,000 $1,140,000 $1,145,000 $1,150,000 $1,155,000 $1,160,000 $1,165,000 $1,170,000 $1,175,000 $1,180,000 $1,185,000 $1,190,000 $1,195,000 $1,200,000 $1,205,000 $1,210,000 $1,215,000 $1,220,000 $1,225,000 $1,230,000 $1,235,000 $1,240,000 $1,245,000 $1,250,000 $1,255,000 $1,260,000 $1,265,000 $1,270,000 $1,275,000 $1,280,000 $1,285,000 $1,290,000 $1,295,000 $1,300,000 $1,305,000 $1,310,000 $1,315,000 $1,320,000 $1,325,000 $1,330,000 $1,335,000 $1,340,000 $1,345,000 $1,350,000 $1,355,000 $1,360,000 $1,365,000 $1,370,000 $1,375,000 $1,380,000 $1,385,000 $1,390,000 $1,395,000 $1,400,000 $1,405,000 $1,410,000 $1,415,000 $1,420,000 $1,425,000 $1,430,000 $1,435,000 $1,440,000 $1,445,000 $1,450,000 $1,455,000 $1,460,000 $1,465,000 $1,470,000 $1,475,000 $1,480,000 $1,485,000 $1,490,000 $1,495,000 $1,500,000 $1,505,000 $1,510,000 $1,515,000 $1,520,000 $1,525,000 $1,530,000 $1,535,000 $1,540,000 $1,545,000 $1,550,000 $1,555,000 $1,560,000 $1,565,000 $1,570,000 $1,575,000 $1,580,000 $1,585,000 $1,590,000 $1,595,000 $1,600,000 $1,605,000 $1,610,000 $1,615,000 $1,620,000 $1,625,000 $1,630,000 $1,635,000 $1,640,000 $1,645,000 $1,650,000 $1,655,000 $1,660,000 $1,665,000 $1,670,000 $1,675,000 $1,680,000 $1,685,000 $1,690,000 $1,695,000 $1,700,000 $1,705,000 $1,710,000 $1,715,000 $1,720,000 $1,725,000 $1,730,000 $1,735,000 $1,740,000 $1,745,000 $1,750,000 $1,755,000 $1,760,000 $1,765,000 $1,770,000 $1,775,000 $1,780,000 $1,785,000 $1,790,000 $1,795,000 $1,800,000 $1,805,000 $1,810,000 $1,815,000 $1,820,000 $1,825,000 $1,830,000 $1,835,000 $1,840,000 $1,845,000 $1,850,000 $1,855,000 $1,860,000 $1,865,000 $1,870,000 $1,875,000 $1,880,000 $1,885,000 $1,890,000 $1,895,000 $1,900,000 $1,905,000 $1,910,000 $1,915,000 $1,920,000 $1,925,000 $1,930,000 $1,935,000 $1,940,000 $1,945,000 $1,950,000 $1,955,000 $1,960,000 $1,965,000 $1,970,000 $1,975,000 $1,980,000 $1,985,000 $1,990,000 $1,995,000 $2,000,000 $2,005,000 $2,010,000 $2,015,000 $2,020,000 $2,025,000 $2,030,000 $2,035,000 $2,040,000 $2,045,000 $2,050,000 $2,055,000 $2,060,000 $2,065,000 $2,070,000 $2,075,000 $2,080,000 $2,085,000 $2,090,000 $2,095,000 $2,100,000 $2,105,000 $2,110,000 $2,115,000 $2,120,000 $2,125,000 $2,130,000 $2,135,000 $2,140,000 $2,145,000 $2,150,000 $2,155,000 $2,160,000 $2,165,000 $2,170,000 $2,175,000 $2,180,000 $2,185,000 $2,190,000 $2,195,000 $2,200,000 $2,205,000 $2,210,000 $2,215,000 $2,220,000 $2,225,000 $2,230,000 $2,235,000 $2,240,000 $2,245,000 $2,250,000 $2,255,000 $2,260,000 $2,265,000 $2,270,000 $2,275,000 $2,280,000 $2,285,000 $2,290,000 $2,295,000 $2,300,000 $2,305,000 $2,310,000 $2,315,000 $2,320,000 $2,325,000 $2,330,000 $2,335,000 $2,340,000 $2,345,000 $2,350,000 $2,355,000 $2,360,000 $2,365,000 $2,370,000 $2,375,000 $2,380,000 $2,385,000 $2,390,000 $2,395,000 $2,400,000 $2,405,000 $2,410,000 $2,415,000 $2,420,000 $2,425,000 $2,430,000 $2,435,000 $2,440,000 $2,445,000 $2,450,000 $2,455,000 $2,460,000 $2,465,000 $2,470,000 $2,475,000 $2,480,000 $2,485,000 $2,490,000 $2,495,000 $2,500,000 $2,505,000 $2,510,000 $2,515,000 $2,520,000 $2,525,000 $2,530,000 $2,535,000 $2,540,000 $2,545,000 $2,550,000 $2,555,000 $2,560,000 $2,565,000 $2,570,000 $2,575,000 $2,580,000 $2,585,000 $2,590,000 $2,595,000 $2,600,000 $2,605,000 $2,610,000 $2,615,000 $2,620,000 $2,625,000 $2,630,000 $2,635,000 $2,640,000 $2,645,000 $2,650,000 $2,655,000 $2,660,000 $2,665,000 $2,670,000 $2,675,000 $2,680,000 $2,685,000 $2,690,000 $2,695,000 $2,700,000 $2,705,000 $2,710,000 $2,715,000 $2,720,000 $2,725,000 $2,730,000 $2,735,000 $2,740,000 $2,745,000 $2,750,000 $2,755,000 $2,760,000 $2,765,000 $2,770,000 $2,775,000 $2,780,000 $2,785,000 $2,790,000 $2,795,000 $2,800,000 $2,805,000 $2,810,000 $2,815,000 $2,820,000 $2,825,000 $2,830,000 $2,835,000 $2,840,000 $2,845,000 $2,850,000 $2,855,000 $2,860,000 $2,865,000 $2,870,000 $2,875,000 $2,880,000 $2,885,000 $2,890,000 $2,895,000 $2,900,000 $2,905,000 $2,910,000 $2,915,000 $2,920,000 $2,925,000 $2,930,000 $2,935,000 $2,940,000 $2,945,000 $2,950,000 $2,955,000 $2,960,000 $2,965,000 $2,970,000 $2,975,000 $2,980,000 $2,985,000 $2,990,000 $2,995,000 $3,000,000 Min Beds Min Beds 1 2 3 4 5 6 Min Baths Min Baths 1 1.5 2 2.5 3 3.5 4 4.5 5 5.5 6 Search Communities Services Company Commercial Ask me ANYTHING! Insurance Specialists of Ohio Toledo Area Humane Society 14th Annual HouseHunter Team Movie Matinee Bedford Township Danberry Marketing Why List with Danberry? Moving Into the Area Getting Pre-Qualified Auction Office Bowling Green Office Briarfield Office Oregon Office Perrysburg Office Temperance Office Westgate Office Commercial Ask me ANYTHING! Insurance Specialists of Ohio Toledo Area Humane Society 14th Annual HouseHunter Team Movie Matinee 1003 Carrington Street 1003 Carrington StreetToledo, OH 43615 Check out the curb appeal on this Springfield Township home! Dead end street, EXTRA large lot that is 302’ deep. Spacious eat in kitchen, Master with half bath, Living room AND Family room. Covered front porch and a beautiful sunroom overlooking the backyard. 2 1/2 car garage with attached shed provides plenty of storage. Fenced yard. Kitchen appliances, washer/dryer and Home warranty included. Your Dreams...Our Mission 005 - Spring Meadows Glengary Room:Sun Room Driving Directions Dorr, W. of McCord, S. on Carrington. 6 Month Tax $893 Elementary School Dorr High School Springfield Township SPRINGFIELD 1003 Carrington Street Toledo, OH 43615 Offered By: Kendall A Gigax Click to view Facebook Fan Page	cc/2019-30/en_head_0030.json.gz/line142
__label__wiki	0.64809	0.64809	1958-1998: Communism in France: Socialisme ou Barbarie, ICO and Echanges Organisational notes on the French communist groups Socialisme ou Barbarie, ICO and Echanges et Mouvement, by Henri Simon in 1998. The split of Socialisme ou Barbarie in 1958 was about organization. After the de Gaulle coup d'etat in May 58, there was an influx of members into S ou B. These are mainly students fighting against the Algerian war because of the draft. The number of members jumped up suddenly from less than 20 to more than 100. The problems of organization that had previously been discussed almost constantly became a practical problem and not simply theoretical speculation in a narrow circle. This problem was closely connected to a political analysis with two contradictory positions (this opposition never appeared publicly in the review, but could be seen in the internal bulletins): on one hand a majority followed, for a short period, Chaulieu (Cornelius Castoriadis) in foreseeing a workers' revolt against the "fascism" of de Gaulle; on the other hand the minority said that de Gaulle was there to solve the problems of French capitalism and to end the Algerian war. Two months later, Chaulieu adopted this position but, on the way he managed to push the minority out of the group using the army of new recruits who wanted "to fight" to build the new organization in traditional structures, thinking that, at last it would be the basis for a new development of the group. We can see that the "wrong" analysis manipulating the "mass" was then paving the road to the party. The two proposed structures were not compatible: - the majority following Chaulieu wanted to create cells which would meet from time to time in a general assembly to define the group's policy and to elect a political board which would have the function to implement the adopted policy. The members would have had to defend the position of the majority in public and to follow it even if they disagreed. Disagreements would have to be contained inside the group as a whole or in the cells. - the minority wanted to promote autonomous workers cells where all problems would be discussed, even the general line discussed in general assemblies. Everybody could express his own ideas at any moment and through any means. It should be said that neither the majority nor minority followed what they were looking for on paper. Socialisme ou Barbarie was active up to the end of the Algerian war (1962) and then started a slow decline. This decline began after the split of Pouvoir Ouvrier, when Chaulieu openly dropped Marxism, and the group disappeared in 1967 after a totally wrong political statement on the impossibility of a general movement in France. The ILO was formed with the members that had been obliged to leave Socialisme ou Barbarie, (mainly students and intellectuals). In order to follow their ideas, they organized regular workers' meetings with workers who had a militant extra syndicalist practice in their work place. Initially these meetings were called the "Inter-factory Committee." Little by little these meetings became more important than the ILO meetings and in 1962 the ILO group disappeared and the other committee was transformed into the ICO. The structure of the ICO was a practical structure rather than a political or theoretical structure. In a certain way it was what the ILO dreamed of building when it split from Socialisme ou Barbarie: Most of the participants of the regular meetings were informal militants of informal factory groups. The ICO paper reported the situation and struggles in each factory according to the regular meeting reports and there was a kind of consensus around autonomous activity rather than a political statement. Participants were from various origins, anarchists, Marxists, or non- aligned militants, but linked by a strong feeling about class struggle. Interest in other struggles in France and abroad developed with more contacts, and from time to time in more general discussions, but the group, though slowly growing, stayed small up until 1968. In 1968 a lot of people, again mostly students, became connected with the ICO. The ICO became a kind of federation of small groups scattered all over the country. During the 15-day May General Strike, everybody was strongly involved in the struggle at his place of work and everybody then agreed not to act like a group "organizing the workers" but to encourage autonomy wherever he was. After 1968, the character of the ICO had completely changed. The group had become more of a political organization with perhaps several hundred loose participants. The workers were a minority and voted with their feet as the discussions were moving very far from their struggles. Several tendencies were fighting to lead the ICO toward a specific orientation and after four years it burst into several pieces. One of these pieces was Echanges. It was again different of what we had seen previously. Echanges was built to try and maintain the close international links created during the previous period in several European countries (mainly through international meetings). This was the reason why from the start Echanges had an edition in English and was based more on England rather than France, and more on individuals in each country connected with, an informal circle of supporters. Now after more than twenty years Echanges is more centered on France, with a small group meeting regularly mainly to discuss politics in general, struggles and the content of the bulletin. Two years ago, on the proposal of an American comrade we started a short news bulletin which appears every two months, with a print run of up to 3000 copies. It is distributed free and seems to be the start of a new basis of relations again all over the country. The experience of the past twenty years has taught us practically what some theoretical discussions had put on the table: there is presently no room for the kind of traditional organization for which many people are still looking. For the time going "organization" is more a kind of network in which everybody, or some affective groups, defines at any moment their participation in a struggle or in a publishing activity and the connection between others doing the same thing. We don't think or don't know if it will be a permanent thing and if something else will appear. We think that in this important question, we have to follow (knowing exactly what we don't want as workers), but not to precede, to learn and to tell what we have understood and not to teach. From kurasje.org Jan 3 2006 11:45 Echanges et Mouvement Henri Simon 1871: The Paris Commune A brief history of the world's first socialist working class uprising. The workers of Paris, joined by mutinous National Guardsmen, seized the city and set about re-organising society in their own... Review: Civil rights unionism: Tobacco workers and the struggle for democracy in the mid-twentieth century south A review of Robert Korstad's book on Local 22 of the Food, Tobacco, Agricultural, and Allied Workers of America-CIO between 1943 and 1950 The libcom library contains nearly 20,000 articles. If it's your first time on the site, or you're looking for something specific, it can be difficult to know where to start. Luckily, there's a range of ways you can filter the library content to suit your needs, from casual browsing to researching a particular topic. Click here for the guide. If you have an ebook reader or a Kindle, check out our guide to using ebook readers with libcom.org. If you'd like to upload content to the library which is in line with the aims of the site or will otherwise be of interest to libcom users, please check out our guides to submitting library/history articles and tagging articles. If you're not sure if something is appropriate for the library, please ask in the feedback and content forum. If you don't have permissions to post content yet, just request it here. Open Vistas: a bi-monthly of life and letters On the Black Bloc - Salar Mohandesi Why we should make the black bloc our leaders Tracing Louise Michel in the Pacific Dolgoff, Sam, 1902-1990 Notes on the postal strike, 1970	cc/2019-30/en_head_0030.json.gz/line144
__label__cc	0.629537	0.370463	Veröffentlicht am Oktober 24, 2008 von radiotvinfo World Citizen: Journalist confirms that he is working for the international press “War is abortion” By Andrew P. Harrod Washington, D.C./New York City/October 24, 2008/3mnewswire.org/– The French-German journalist, broadcast journalist and author of several books, founder and director of IBS Independent Broadcasting Service Liberty, Radio IBS Liberty and IBS Television Liberty, founder and director of Grace MedCare Ltd. London, United Kingdom has confirmed that since 1984 he is working as journalist, author and broadcast journalist for the international press. Some German citizen have considered that the French-German author by birth could be Anti-German. Andreas Klamm has said: “By no means I am Anti-German. These people have perhaps come to false conclusions only because I am against the deadly ideology of the German Nazis, against racism, nationalism, against the abuses of human rights and against the oppression of the poor people and against the oppression of refugees and other people.” It has been discovered that the journalist has been even recently co-operating with authors and journalists from countries such as the United Kingdom, Ireland, United States of America, Israel, Spain, France, Belgium, Luxembourg, Greece, Wales, Scotland, England, Ireland, Austria, Australia, Iran, Iraq, Paraguay, Bolivia, Canada, Lithuania, Brazil, Portugal, Turkey, Russia, Denmark, Togo, Kenya, Burundi, Sweden, Georgia, the Dominican Republic and even with journalists from Asia.. The journalist has explained also “You should not wonder about these things. In the German city of Speyer and in the English city of Leeds in the United Kingdom in 1986 I became the founder of IBS Independent Broadcasting Service Liberty, Radio IBS Liberty, IBS Television Liberty, which is an international and alternative non-commercial media. Since 1986 I have declared many times both on radio and television in many cases that the independent, alternative is supporting international understanding since 1986. Those which have been watching my radio and television programs do know very well, that as a French-German journalist, author, broadcast journalist I do treat myself as a citizen in this world. The German city of Ludwigshafen am Rhein is a city in this world and on this planet. Certainly I have to refuse if people call me an alien or Anti-German. I am a citizen in this world and a citizen on this planet and certainly I do treat myself as a citizen in this world as a human being and claim to be a human being. If some people call me an alien this leads to the conclusion if these people perhaps could be Anti-human? The international community should investigate who might be PRO-human beings and who might be Anti–human beings. This investigation and research would so easily deliver hundreds if not thousand of interesting stories which have to be covered in the newspapers, on radio, the television. So far as I have heard about the number I do believe there are about 6.7 billions of human beings in this world. Who in the world could claim that he or she is not born in this world and on this planet? And who in the world would believe such a thing even if someone would claim to be born as a human being not in this world and on this planet? My belief system includes that all human beings have equal rights to live, for social security, for democracy, liberty, peace and justice. This might be shocking news. But I am also Anti-Abortion when it comes to the point where dictators do believe they might have the right to abort millions of human beings by war or other disasters which have caused by human beings. Not every disaster is a natural one or caused by a supernatural and supreme authority. Some of the disasters are created by people which do profit from wars and love to abort (to kill) millions of people, instead to save the life or a man or woman or even more. War is abortion in the higher sense. Someone else is making the decision if you might live or not. I believe the right to create live and to take life belongs to the LORD our GOD, only. It is very easy to deliver the proof. Certainly I do believe we have to bring to an end the bloody circle of violence. Horses and dogs seems to be more intelligent than us poor human beings in the area of social ties and behavior. Have you ever heard a dog or a horse, which was white or yellow calling a brown dog or a black horse to be a non-dog or to be a non-horse? The critics should understand you can not change this: I am a human being and I am a citizen in this world and on this planet. Certainly I will continue to support and to work hard for international understanding, liberty, democracy, peace, social security, justice and human rights. It is no secret that some dictators and supporters of a tyranny want to make all of us their slaves. We should by no means allow such a thing going to happen. Therefore it is important to be engaged in the defense of democracy, liberty, international understanding, peace, liberty, social values and justice. This engagement will actually make many of us better human beings.” Credits and references: For more information you might do your own research. 1.United Nations, UN, New York City, www.un.org 2.UNIVERSAL DECLARATION OF THE HUMAN RIGHTS, http://www.unhchr.ch/udhr/lang/eng.htm 3.World Government of WORLD citizen, www.worldgovernment.org 4.Independent Broadcasting Service Liberty, www.ibsliberty.wordpress.com, www.ibstelevision.com 5.www.bibleinfo.de.be 6.www.regionalhilfe.de 7.www.britishnewsflash.de KategorienUncategorized, World Citizen: Journalist confirms that he is working for the international press Vorheriger BeitragZurück Change we need: How to challenge the big media and media moguls Nächster BeitragWeiter World Citizen: Journalist confirms that he is working for the international press – „War is abortion“	cc/2019-30/en_head_0030.json.gz/line145
__label__cc	0.743856	0.256144	1st Baron Rathcavan THE BARONY OF RATHCAVAN WAS CREATED IN 1953 FOR THE RT HON SIR ROBERT WILLIAM HUGH O'NEILL, BARONET THE HON (ROBERT WILLIAM) HUGH O'NEILL was the third son of the 2nd Baron O'Neill. Having served in the Army as a major, O'Neill entered politics and became the Northern Ireland parliament's first Speaker. He was appointed to the Privy Council of Northern Ireland and became Lord-Lieutenant for County Antrim, 1949-59. The 1st Baronet was elevated to the peerage as BARON RATHCAVAN in 1953, when the baronetcy merged with the barony. The 2nd Baronet and 2nd Baron undertook a not dissimilar career pattern as his father, entering politics having served in the Army. He was, it is thought, a founder member of the Alliance Party of Northern Ireland. Lord Rathcavan lived at Killala Lodge, County Mayo, Ireland, which was described thus in 1996: The seven-bedroom Georgian house on five and a half acres is owned by Bridget Lady Rathcavan, widow of the well known Northern Ireland politician, Sir Phelim O'Neill. The 3rd Baronet is the present Lord Rathcavan. CLEGGAN LODGE, near Broughshane, County Antrim, has been owned at various times by the O'Neills and the O'Haras. It is two-storey, with a front of two bows linked by a wooden first-floor balcony. There are double gables. The roof formerly thatched and windows at one time latticed. There is an octagonal drawing-room and dining-room; and an imposing double staircase. There are modern additions to the rear. Formerly a shooting lodge for Shane’s Castle, the site is known to have been in existence in 1777. An entry for 1835 records that it was ‘… surrounded by extensive plantations chiefly consisting of fir and larch and extends over about 200 acres.’ Fraser described it in 1838 as, ‘… the beautiful hunting seat of Earl O’Neill’s.’ Extensive landscaping and tree planting were carried out, presumably as shelter and cover. Cleggan Lodge was built by the 1st Earl O’Neill in 1822 in order to keep one of his mistresses, and as a shooting lodge on the edge of his extensive grouse moors in north Antrim. He died without a male heir and, after Gladstone’s Irish Land Acts, the great estates diminished. In 1927, Sir Hugh O’Neill, 1st Baron Rathcavan, bought the Cleggan Estate. It was renovated in the 1920s in a fine elevated site with views of Slemish. A ha-ha separates the house from parkland. There are good mature trees in the parkland and in woodland. A considerable area was once ornamentally planted. A lake is drained at present. A pond, Fisher’s Pond, was added sometime before 1857 and a rockery made in the glen by the present owner's grandfather post-1927. These features are partially maintained in that paths are kept clear. A cultivated and productive garden is kept at the house in immaculate order, including herbaceous borders, a hot house and frames. This present garden is post-1927. One of the two gate lodges survives. Cleggan estate extends to about 1,000 acres and is renowned for The Cleggan Shoot. First published in June, 2010. Rathcavan arms courtesy of European Heraldry. Labels: Ulster Nobility: An Occasional Series Irishlad said... The prices in the Brompton bar & grill are very reasonable indeed for London..for anywhere in fact. Christopher Bellew said... BB&G is dog-friendly which may be of interest to some of your readers. Gussie's Predicament Old Invitation Middleton Park Ballyscullion House Burrenwood Cottage 1st Baron De La Warr Wodehouse Gems: II 1st Earl Castle Stewart Curraghmore Montalto House 1st Baron Bloomfield Mooresfort House Tynan Abbey 1st Viscount Dungannon (1st Creation) Tullymore Lodge Annaghmore House Lighthouse Island Mount Talbot House 1st Earl of Gosford Evans of Portrane 1st Earl Cairns The Heygate Baronets Ballybay House The Macnaghten Baronets Loughcrew House The McMahon Baronetcy Ballywalter Park The King Baronetcy	cc/2019-30/en_head_0030.json.gz/line149
__label__wiki	0.994298	0.994298	Simon Baker first became a star in his native Australia and was recognized with a prestigious Logie award in 1992. On relocating to Los Angeles, he was immediately cast in the Academy Award winning film L.A. Confidential. (1997). Love From Ground Zero was one of Baker’s first leading roles in a feature film. Baker has since gone on to wide acclaim on the small screen, first in The Guardian and then as the star of the hit television series The Mentalist which earned him Emmy and Golden Globe nominations. He appeared in the acclaimed 2011 financial drama Margin Call. Australian-born Jacqueline McKenzie graduated from the prestigious National Institute of Dramatic Arts in Sydney which boasts Mel Gibson, Judy Davis, Cate Blanchett and Geoffrey Rush among its alumni. She made her film debut in the 1987 film Wordplay and her portrayal of troubled Gabe in Romper Stomper (1992) put her on the map as one of Australia’s most promising young actresses. Subsequent roles garnered her multiple Australian Film Institute Award wins and nominations. With this success McKenzie ventured to the U.S. where she was cast in films like Deep Blue Sea (1999) and Divine Secrets of the Ya-Ya Sisterhood (2002). Pruitt Taylor-Vince This prolific and talented actor quickly amassed impressive feature credits including Alan Parker’s Mississippi Burning (1988), Andrei Konchalovsky’s Shy People (1987), David Lynch’s Wild at Heart (1990) and Adrian Lane’s Ladder (1990). Vince’s breakthrough role was as Paul Newman’s best friend in Nobody’s Fool (1994). Following that Vince had one of his best screen roles as Victor, a lonely overweight pizza maker who falls in love with the restaurant’s new waitress (Liv Tyler) in James Mangold’s Heavy (1996). Over the past decade, Vince has appeared in innumerable films and TV shows, also garnering an Emmy for his role on Murder One. Kathryn Erbe Born and raised in Boston, Kathryn Erbe left her hometown to study drama at NYU. After making her TV debut as Lynn Redgrave’s daughter on the TV sitcom Chicken Soup (1989), she became a member of the Steppenwolf Theatre Company and starred in many of their productions including A Streetcar Named Desire and The Grapes of Wrath. Erbe’s first major film credit as Richard Dreyfuss’ daughter in the Bill Murray comedy What About Bob? (1991) and then continued to forge a career as a versatile film and TV actress. For the past ten years, Erbe has starred in the hit TV show Law and Order: Criminal Intent. James Gammon Gravel-voiced, American character actor James Gammon was first seen on screen as Sleepy in Cool Hand Luke (1967). Looking like a Frederic Remington painting come to life, Gammon has been a welcome presence in over 80 feature films, notably Urban Cowboy (1979), Silverado (1985), Wyatt Earp (1994), Wild Bill (1995) and Cold Mountain (2003). His earthy screen persona was flexible enough to accommodate both avuncularity (team manager Lou Brown in the two Major League films) and menace (Horsethief Shorty in 1988’s Milagro Beanfield War). James Gammon passed away in 2010 and will be missed for all his kindness, generosity of spirit and his prolific creative talent.	cc/2019-30/en_head_0030.json.gz/line151
__label__wiki	0.890032	0.890032	Germany: 100 years since the November revolution 1918 Robert Bechert, CWI International Secretariat November 9 is a momentous date in German history. On this date Robert Blum, one of the leaders of the 1848 revolution in German-speaking countries, was executed in Vienna; the Nazis instigated the infamous Reichspogromnacht (sometimes called, in a softer version, “Kristallnacht”) and when the Berlin Wall was opened in 1989. But above all, it marks one of the most significant stages of the 1918-1923 German revolution, the date when the Kaiser was overthrown and a republic declared. Internationally, this date is sometimes overshadowed by the signing, on November 11, 1918, of the Armistice ending formally the central fighting of the First World War. But the two are linked. The timing of the armistice was largely due to the ruling class’s general fear of revolution following the October revolution in Russia and that revolutions had broken out in both Germany and the Austro-Hungarian empire is hardly mentioned. In Germany and the successor countries to Austro-Hungary, the story is more mixed. The workers’ revolutions are mentioned but then usually downplayed as emphasis is given to the end of autocratic monarchies and the winning of national independence. For socialists today, this revolution is not a historical subject. There are important lessons to be learned as, fundamentally, it is the story of a missed opportunities to overthrow capitalism. Germany 1923 saw the end of the revolution that had begun in 1918 but also was the one occasion, so far, when a majority of the working class in an industrialised, imperialist country supported a revolutionary Marxist party, in the shape then of the German Communist Party (KPD). German labour’s international role Already for many years Marxists had seen Germany as a key country, both because of its very strong, Marxist-led, workers’ movement, and because of its economic power. Despite its defeat in the First World War and the subsequent reparations, Germany was still the decisive country in Europe. In the early 1920s Berlin was the fourth most populous city in the world and, internationally, the largest industrial city. When, in 1918, the German November revolution began, almost exactly a year after the Bolsheviks had come to power, Lenin was ecstatic. Krupskaya, his wife, later wrote that that Lenin was “completely carried away by the news” and that “the days of the first October anniversary were the happiest days in his life”. Not only because of the overthrow of the Kaiser and the probable end of the First World War, but also because Lenin, Trotsky and the Bolsheviks understood that the ultimate fate of the Russian revolution was tied to the success of the socialist revolution in the rest of Europe, particularly Germany. As the German and Austrian-Hungarian revolutions began Lenin wrote to the Soviet leadership that “the Russian proletariat is following events with the keenest attention and enthusiasm. Now even the blindest workers in the various countries will see that the Bolsheviks were right in basing their whole tactics on the support of the world workers’ revolution”. But, as we bitterly know, the German revolution did not succeed and, instead of the creation of a socialist society, capitalism continued. Not only did this failure result in the horrors of fascism and the Second World War, it also opened the way to the victory of Stalinism in Russia and ultimately the complete undermining of the gains of the Russian revolution. Alongside its historical importance in helping set the course of the twentieth century, the story of the German revolution between 1918 and 1923 contains many important lessons for Marxists today. It is, so far, the only example of a revolution unfolding over a number of years in a modern, industrial country and can illustrate many questions of programme, strategy and tactics that will face Marxists in the more stormy times we are entering into. In particular these questions centre around how a mass Marxist party can develop, how it can win majority support in the working class and, ultimately, what it should do when it reaches that position. The 1914 Turning Point Alongside Germany's economic strength a key element in this revolution was the power of its workers’ movement. Before the 1914-18 war the SPD was internationally seen as a model and was the leading party in the Second International, which then fundamentally comprised Marxist parties. The SPD had paved the way in building massive working class organisations that, formally at least, had the aim of overthrowing capitalism. Rejecting the “revisionist efforts” to formally commit the party to simply attempting to reform capitalism, the 1901 SPD congress, for example, condemned attempts “to supplant the policy of the conquest of power by overcoming our enemies with a policy of accommodation to the existing order”. Organisationally the SPD enjoyed massive growth. After emerging from 12 years of illegally in 1890 the SPD’s vote increased in every national election, reaching 4.25 million (34.7%) in 1912. The following year its individual membership peaked at 1,085,900. However the SPD’s revolutionary heritage was being undermined by a combination of illusions sowed by that period’s economic growth and, paradoxically, the year by year growth of the SPD itself. Most of the leading layers within the SPD and trade unions began to assume that the movement would continue to progress almost automatically until it won a majority and that step-by-step reforms would steadily improve workers’ lives. Over time this led to the de facto abandonment of the expectation that crisis would grip the system, and of a revolutionary perspective, as the majority of the leadership thought that capitalism would carry on generally steadily developing. It was the outbreak of the war that brought out into open that the majority of the SPD leadership had clearly adopted a pro-capitalist position and would, in future, oppose a socialist revolution. This was the essential meaning of the turning point of August 4, 1914, when the SPD voted to support ‘their’ side in this inter-imperialist war waged by what were, at best, only semi-democracies. The possibility of war had been widely discussed for years in the workers’ movement, but what was a complete shock was that in most combatant countries the parties of the Second International immediately decided to support their ‘own’ side, with the only exceptions being in Russia, Bulgaria and Serbia That the SPD decided to support this war, unlike its opposition to the 1870 Prussian-led occupation of France, and collaborated with the government, was a stunning blow that effectively marked the end of that party’s claim to be revolutionary. This was a decisive step towards the SPD leaders’ integration into the capitalist system and prepared the way for the openly counter-revolutionary role they played after 1918. But this was not entirely a bolt from the blue. Already before 1914 there had been a sharpening political struggle within the SPD. Rosa Luxemburg, in this period, became the leading opponent of the growing reformist, non-revolutionary, trends within the party. By 1914 the SPD was divided into three tendencies: the openly reformist wing; the so-called centre (led by Kautsky); and the radicals (i.e. the Marxist left) led by Luxemburg, Karl Liebknecht and others. But, unlike the Bolsheviks in their struggle between 1903 and 1912 in the Russian Social Democracy, Luxemburg did not draw together the Marxist wing into a coherent opposition that systematically fought both for its ideas and to build support. Tragically this contributed to their weakness at the beginning of the revolution in 1918 and to the subsequent lost opportunities and defeats. Growing opposition to war Right from 1914 there was opposition to the SPD leaders’ pro-war line from amongst many activists defending the party’s up to then traditional socialist internationalist position. But, for a time, they were swamped and relatively isolated by the patriotic wave that initially swept all the combatant countries and faced increasing repression from both the SPD leadership and the military authorities. Furthermore the internationalists were not particularly well linked together in terms of a common, clear programme or activities. Partly the anti-war SPD members had been hit by a new experience, hardly any expected the SPD to be pro-war, and at worst many left wingers thought the SPD leadership would try to be ‘neutral’. Lenin, at first, did not believe the news that the SPD had voted in favour of the war. But the SPD left’s lack of political and organisational coherence made it far more difficult to respond. Nevertheless as it became clear that the war would not be a short one, as news spread of the horrific slaughter of trench warfare and as food shortages developed at home, opposition to the war mounted. Relativity soon protests against both the war and its effects, particularly on prices and sometimes drastic cuts in food supplies, began to develop on the streets, in workplaces and in parliament. In the SPD and trade unions struggles and splits developed. By 1916 strikes were taking place on the issues of food supplies and wages and, after the May 1 arrest of the left anti-war SPD MP Karl Liebknecht, there was a 55,000 strong protest strike in Berlin. In December 1914 Liebknecht had been the first out of the 110 SPD MPs to vote against the war. A year later 20 SPD MPs voted against and 24 abstained. Opposition to the war received an enormous boost from the 1917 Russian revolution, both the February overthrow of Tsarism and October’s Bolshevik victory. Partly this was because one of the main justifications the right wing SPD leaders give for supporting the war was the threat from Tsarist Russia, an even more undemocratic state than Imperial Germany. The February revolution’s sweeping away of the Tsar and the winning of democratic rights in Russia undermined the SPD leaders’ arguments, but significantly this did not change their support for the war. Immediately for many German workers Russia became an example of overthrowing a monarchy and establishing a republic. In particular the ‘soviets’ (councils) formed by the Russian workers, soldiers and peasants became an example. The strikes of around 300,000 workers in April 1917, particularly in Leipzig, saw the first formation of workers’ councils (called Räte) in Germany. Alongside a growing radicalisation amongst workers, unrest was spreading within the military with sailors forming a secret organisation. The appeal of the Russian revolution grew enormously after the October revolution, when power passed into the hands of Bolshevik-led soviets. A key factor in this was the Bolsheviks’ consistent policy of consciously appealing to workers in the rest of Europe, particularly in Germany, to follow the Russian workers’ example of winning democratic rights, ending the war, and overthrowing capitalism. Against this background the January 1918 strikes were even more widespread. The slogans of ‘Peace, Freedom, Bread’ were close to the Bolsheviks’ ‘Peace, Land, Bread’ and in Berlin half a million workers struck for five days in protest at the government’s annexationist demands at the Brest-Litovsk peace talks with Soviet Russia. Significantly the SPD leaders, while saying they supported workers’ economic demands, still argued that they should work for ‘victory’ in the world war. Development of the Left Almost from the war’s beginning the anti-war left faced obstacles. Alongside the impact of being largely initially caught by surprise, the anti-war left saw both the state and the SPD leadership moving against them using censorship, military call up and repression from the state and within the SPD a determined drive to silence opposition. More fundamentally the question was what lessons and conclusions needed to be drawn from this turning point of the SPD’s transformation from a weapon to be used to overthrow capitalism into an instrument to that was seeking to secure capitalism. This was a new experience in the workers’ movement, while there had been examples of individuals rejecting the idea of fighting for a socialist revolution and others openly supporting capitalism, this conversion of the bulk of the Socialist International’s parties was then unprecedented. What was needed was a clear programme and a clear approach towards those workers who still supported the SPD out of a mixture of past loyalty, hopes that it would be still be an instrument for change the working class and not fully understanding the issues posed by the SPD’s transformation. But the past failure to organise the revolutionary elements within the SPD made it more difficult to draw the necessary political and organisational conclusions. The February 1916 publication, in Switzerland, of Rosa Luxemburg’s ‘Junius’ pamphlet had a big impact on the anti-war left in Germany. However in his review of the pamphlet Lenin, while saying that “on the whole it is... a splendid Marxist work”, commented that it gave a “picture of a lone man” struggling and that unfortunately the German left, working in a semi-dictatorship, suffered from a “lack of compact illegal organisation”. January 1916 saw a meeting of supporters of Die Internationale – the paper Luxemburg had helped launch – adopt her thesis on the war and establish the Gruppe Internationale, which rapidly became known as the Spartacists, after the series of Spartacus Letters they issued from 1916 onwards. Luxemburg feared that organising an independent revolutionary organisation could lead to isolation from broad masses that still looked to SPD (and later, after it was founded, the USPD). But while Marxists had to avoid creating a sectarian barrier between themselves and the broader working class, non-organisation was not the answer. Without organisation there would be no arena where ideas and experiences could be discussed, proposals formulated and implemented in a concerted way, Luxemburg, reacting from the way in which the SPD’s organisation had become a bureaucratic obstacle to workers’ struggle, believed that when workers were in struggle the necessary political clarity and organisation could spontaneously develop. The growing opposition to the war and anger at what was correctly seen as the SPD leaders’ betrayal was reflected in struggles in the SPD. While the SPD leadership had passed over to the side of the ruling class, within its ranks were still many who supported the party’s Marxist traditions and anti-war policy. These tensions were also reflected at the SPD’s very top, in its parliamentary fraction. After less than two years into the war 20 dissidents were expelled from the parliamentary fraction. The divisions in the SPD continued to grow until, in April 1917, the split was formalised with the establishment of the left-wing and anti-war Independent Social Democratic Party, the USPD. This was provoked by the expulsion of anti-war oppositionists from the SPD the previous January, after they had organised a national conference. The new party took between a quarter and a third of the SPD membership. Its strength varied from area to area: in Berlin, Leipzig and four other areas, the entire SPD district organisational structure joined the USPD. The new party had about half its membership concentrated in Berlin, Leipzig and the Düsseldorf-Elberfeld area. Politically the USPD was a very mixed formation. It included representatives of the pre-war reformist wing, like Bernstein, who were against the war from a pacifist viewpoint. Kautsky, a leading representative of the pre-war Centre tendency, was also a member. At the same time the USPD included many who were moving in a revolutionary direction, which was the reason why Luxemburg, Liebknecht and the Gruppe Internationale joined it. Suddenly, very rapidly the situation changed in mid-1918. The failure of the German army’s spring offensive and the arrival of growing numbers of US troops convinced the military leadership that the war could not be won. On September 29 they requested that the government ask for a truce. Not wanting to take political responsibly for admitting the war was lost, and wanting to use the parliamentary leaders as a cover, the generals gave up their dictatorial rule. The first ever German government formally responsible to parliament rather than the Kaiser was formed which then, in mid-October, asked US president Woodrow Wilson to help negotiate a truce. Significantly, in an open break with its past, the SPD supplied two ministers, one also being the vice-chair of the trade union movement, to sit in this capitalist coalition government, headed by Price Max von Baden. November revolution The spark that set the revolution off was a naval mutiny in Wilhelmshaven that spread to Kiel when sailors refused to engage in a meaningless last battle with the British navy. This led to a clash in Kiel on November 3 when seven demonstrators were killed and many injured. As the sailors sent emissaries throughout Germany, the revolutionary upheaval spread throughout the country within days, with workers’, soldiers’ and sailors’ councils being formed in many cities, towns and ports. Events moved rapidly. November 9 saw the SPD leaders reluctantly declare a republic and, after von Baden’s resignation, agree to his proposal that the SPD leader Friedrich Ebert become chancellor (prime minister). The very next day Ebert accepted the offer from the new army chief, General Groener, of a “common front against Bolshevism.” Desperately the SPD sought to find ways to control the situation. Understanding the revolutionary mood they sought to appease the working class and rebelling military rank and file while trying to ensure that the capitalist system continued. Desperate to give the appearance of being revolutionary the SPD-led government formed the next day took the name ‘Rat der Volksbeauftragten’ (RdV, ‘Council of People’s Commissars’), which could be translated as exactly the same name as the Bolshevik government in Soviet Russia. But while the name was virtually the same there was a fundamental difference between the SPD government working to save capitalism and the Bolshevik government striving to end it internationally. At the same time the SPD moved to try to neutralise the left, under the slogan ‘unity of the working class’, by involving the USPD in the new government by giving it three People’s Commissars, the same number as the SPD. The SPD even hinted that Liebknecht, newly released from prison, would be ‘welcome’ in the government, something that he correctly refused. The USPD leaders had the illusion that they were entering the government “in order to safeguard the gains of the socialist revolution”. At best the USPD leaders were indulging in wishful thinking, as the SPD leaders had already made clear that, while they could still use socialist phrases, their aim was to safeguard capitalism by preventing the Russian October revolution being repeated in Germany. The SPD leaders had a conscious policy to prevent the overthrow of capitalism. On the eve of the Kaiser’s abdication Ebert, the SPD chair, complained that “if the Kaiser doesn’t abdicate the social revolution is unavoidable. But I don’t want it; indeed I hate it like sin”. Using the prestige of the SPD, still seen by many German workers as ‘their’ party, the SPD leaders strove to win time for the stabilisation of capitalism. In some areas it was the local SPD leaders who took the initiative in forming councils, in order to ensure they had control of them. The revolution brought demands for ‘socialisation’ (nationalisation under democratic control) so, as both a gesture towards this demand and as a way to sideline it, the RdV decided in mid-November to establish a committee to see which industries were ‘ripe’ for socialisation (needless to say nothing came out of this body). When the first National Congress of Workers’ and Soldiers’ Councils opened in December Ebert declared that “the victorious proletariat will not institute class rule”. Again learning lessons from the Russian revolution the SPD leaders sought to quickly minimise and then sideline the councils. The December National Congress of Councils did not really represent the forces, the workers, sailors and soldiers who made the November revolution; there were still many illusions in the SPD which its leadership exploited while using its apparatus to secure delegates. Only 187 out of the 489 delegates were wage or salaried workers while 195 delegates were full time party or trade union officials, the vast majority, 164, with the SPD. Officially the SPD had altogether 290 delegates, while the USPD had 90 delegates, about 10 of whom were Spartacists. Outside the USPD another 11 delegates supported the revolutionary Bremen Left. On this basis the SPD secured a 344 to 98 vote rejecting declaring a socialist republic and instead calling elections in January for a national assembly, with the clear aim of writing a constitution for a capitalist republic. But the revolution was moving quickly, especially in Berlin and some other areas. Sections of workers, soldiers and sailors were, within weeks of the revolution’s start, frustrated and angered that the old regime and the capitalist system had not been completely finished off. At the end of November left-wing protesters in Berlin were shot at, and early December saw 14 killed in Berlin by government supporters firing on a revolutionary soldiers’ protest. Two days later there was an attack on the Spartacus daily paper, Die Rote Fahne, and an attempt to seize Liebknecht, which led to a 150,000-strong protest demonstration the next day. Facing this radicalisation and growing support for the left, the SPD leaders attempted to reassert control. December 24 saw an attack on the People’s Naval Division (Volksmarinedivision), a force that originally had been sent to Berlin to safeguard the SPD but which had become increasing radicalised. After it had participated in a Spartacist-led demonstration and held hostage Otto Wels, an SPD leader, the government ordered that 80% of its forces be discharged. When the sailors refused this order the SPD sent other military units to attack them, resulting in the so-called ‘Bloody Christmas’ when the sailors successfully defended themselves. This led to the final crisis in the SPD-USPD coalition, with the USPD People’s Commissars resigning on December 29 on the issue of the ‘Bloody Christmas’ and also the refusal of the SPD to implement the ‘Hamburg Points’, a programme for the army giving powers to the soldiers’ councils that had been agreed by the National Congress of Councils. The USPD commissars were replaced by three more SPD representatives including Gustav Noske who, becoming responsible for the army and navy, quickly began organising the military forces of counter-revolution, the Freikorps (many of whom later in the 1920s joined the Nazis). By the end of 1918 the SPD had begun to deploy Freikorp units near Berlin in preparation for a blow against the revolution. Early hopes and illusions In one sense, how the early stages of the German revolution unfolded was similar to that in Russia but, initially, at a much quicker pace. The November revolution had resulted in councils taking effective power in a number of cities like Hamburg. In Bavaria a ‘council republic’ had been declared, while in Saxony a manifesto jointly issued by the councils of Dresden, Leipzig and Chemnitz declared that capitalism had collapsed and the working class had seized power. In some areas armed workers’ units were formed to protect the revolution. Revolutions are characterised by the broad masses taking the stage and this was the case in Germany. Workers’ organisations grew extremely rapidly, partly as demobilised soldiers rejoined organisations but mainly because large sections of the working class took the first steps into activity. Trade union membership, 2.8 million in 1918, jumped to 7.3 million the next year. The SPD grew from 249,400 in March 1918 to over 500,000 a year later, while the left-wing USPD grew from 100,000 to 300,000 between November 1918 and February 1919. This sudden increase initially tended to push the more active, radicalised layers into a minority, as the newly active tended to have more illusions and hopes in the SPD and trade union leaders. This was also the case in the early days of the Russian revolution when the Bolsheviks, despite being the largest workers’ party before February, became a minority in the soviets as support went to the Mensheviks and Social Revolutionaries. But a combination of workers and peasants’ experience and the work of the Bolsheviks meant that within months they had regained majority support and were in a position to carry through the October revolution. This was something that the SPD leaders desperately wanted to stop happening in Germany. Consciously, learning lessons from Russia, they acted to prevent a successful overthrow of capitalism. It was not only the working class movement that learnt from the Russian revolution, the counter-revolution also became more conscious. Immediately after November Germany faced a situation of dual power. On the one hand the revolution had swept from power large parts of the old regime. For a few weeks at least the workers’, soldiers’ and sailors’ councils held real power, but this was not consolidated and the SPD leaders were working with the capitalists to neuter the councils and restore normal bourgeois government. But the SPD had to move very carefully because the revolutionary tide had not ebbed. Nevertheless, as happens in most revolutions, there came a time when sections of workers felt that their power was slipping away and the capitalist order was being re-imposed. In many cases, as in the ‘July Days’ in the Russian revolution, this can lead to spontaneous attempts to stop the revolution being rolled back. The SPD leaders were aware of this and moved to try to provoke the more radicalised workers into taking premature action, premature because the mass of workers had not yet drawn the same conclusions as they had. In the Russian revolution the Bolsheviks had understood this and sought to provide a leadership and strategy that would prevent the more advanced activists being isolated and enable them to convince the mass of the working class and poor of the actions needed to complete the revolution. But at this time in Germany there was no equivalent force able to play the role that the Bolsheviks did. The Spartacist League was formed only in mid-November 1918. Politically its leaders had a great standing in Germany. Karl Liebknecht, jailed after his May 1 1916 Berlin speech proclaiming “Down with the war. Down with the government”, had a huge prestige; Kautsky, the pre-war theoretical leader of the SPD, said he was “the most popular man in the trenches”. At this time the Spartacist League’s organisational strength was not clear; while it probably then had around 10,000 supporters its initial membership was a few thousand, although it started to grow quickly. From the outset there were debates within the Spartacists and the wider revolutionary left on how to work. From the USPD’s foundation Luxemburg, Liebknecht and the Spartacists had been active in the new party while maintaining their own group and publications and this had continued during the revolution with, for example, a big debate in Berlin in mid-December on whether the USPD should remain in the coalition government. Foundation of the Communist Party At the same time there was another debate on whether the Spartacus, along with others working outside the USPD like the Bremen Left, should form a Communist Party. Luxemburg tended towards remaining in the still-growing USPD, at least until its next congress, while Liebknecht and others wanted to found a party immediately. While clearly an independent revolutionary party was necessary, it was also important to pay attention to what was happening inside the fast radicalising USPD. In fact later, in 1920, the Communist Party (KPD) became a truly mass force when it fused with the majority of the USPD. But at that time there was a great deal of impatience amongst many German revolutionary socialists. This was because of a number of factors, especially the urgent need to complete the November revolution, and help Soviet Russia, by overthrowing capitalism in Germany. In addition there was tremendous growing hatred of the SPD leaders because of what they had done during the war, the role they were playing now in the revolution and, increasingly, the SPD leaders’ willingness to bloodily suppress opposition on their left. It was against this background that when, at the very end of 1918, the KPD was founded, a majority decided, against the wishes of Luxemburg, Liebknecht and others, to abstain in the forthcoming elections to the national assembly. Unfortunately the majority did not see how, at that time, the elections to the assembly, the first ever fully democratic vote in German history, would have large support and that it was necessary for Marxists to use the elections to explain their position to those who would vote. At the same time the radicalisation in Berlin and some other areas led to an overestimation of the support then existing for another revolution to complete November’s. An illustration of this mood was when, on Christmas day, some Spartacists in Berlin published a paper which called for the immediate overthrow of the government and its replacement “by real Socialists, that is, by Communists”. One feature of the German revolution was that it unfolded at a different pace around the country. In different areas there were repeated attempts by workers to take control into their hands, but there was no national force able to give direction to these attempts, including judging what the best timing was or how to consciously win nationwide support. Tragically, although the government was too weak to simultaneously crush all the movements, the counter revolution utilised the different speeds to move around Germany step-by-step, especially in early 1919, city-by-city. But at the start of 1919 Berlin was the key, as the ‘dual power’ situation there was unresolved. In December the SPD government decided to organise a provocation in Berlin. Having gathered counter-revolutionary Freikorp troops outside the city, they ordered the removal of Berlin’s police chief, the USPD member Emil Eichhorn. The Berlin USPD, the Revolutionary Shop Stewards and the KPD called a mass demonstration for January 5 to defend Eichhorn’s position. The success of that protest convinced some of the leaders that it was possible to overthrow the government and an ‘Interim Revolutionary Committee’ was established. In this committee Liebknecht, supported by the later East German leader Wilhelm Pieck, argued in defiance of KPD policy that it was “possible and necessary” now to overthrow the SPD government. The next day, January 6, saw a bigger demonstration of around 500,000 workers, many armed, but they waited for hours in the rain before dispersing, as the Revolutionary Committee was unable to give any proposals on what they should do. This attempt to seize power was premature, falling for the SPD leaders’ provocation, who could picture it as an attack on the government, the councils’ majority and the forthcoming national assembly elections. It is probably the case that, on the January 5 protest, agent provocateurs encouraged the occupation of the offices of the SPD and bourgeois newspapers, not the most important immediate targets for a successful revolution, but a suitable target for the Freikorp troops. Although the revolutionary workers were probably strong enough to rule Berlin alone this was not the case in much of the rest of Germany, where illusions and hopes still existed in the SPD government. As was seen in other German cities in the following few months, at that time a victorious insurrection in Berlin would have probably been isolated and open to counter-revolutionary attack. The first blows of the counter-revolution On January 8 Noske’s troops began their offensive, politically dressing it up as a fight against ‘terrorism’. In a statement Noske, claiming to be defending the SPD’s history, said that he, “a worker, stands at the peak of power in the socialist republic”. The reality was brutally different. Noske was not joking when he said just before this battle “if you like, someone has to be the bloodhound. I won’t shy away from the responsibility”. Noske helped organise the Freikorps as a counter-revolutionary force one of whose tasks was to attempt to behead the revolution by killing the most well known Communists, Luxemburg and Liebknecht, and suppressing it in the capital, which was also then one of its most radicalised areas. Thus Liebknecht and Luxemburg were murdered by Freikorp officers on January 15, three days after the fighting had stopped. But while this bloody defeat was a major blow against the revolution and the KPD in particular, it did not end the radicalisation of the Berlin proletariat. This was reflected only a week after the suppression of ‘the Spartacus uprising’ in the national assembly elections, with the left-wing USPD winning 27.6% in Berlin, compared with 7.6% nationally, while the SPD’s Berlin vote was 36.4%, compared with 37.9% nationally. As the fighting in Berlin was coming to an end a council republic was proclaimed in Bremen and, after finishing in Berlin, Noske ordered Freikorp units to crush the movement there. But this in turn provoked mass strikes and fighting in the Ruhr, Rhineland and in Saxony and, at the beginning of March, a general strike and more fighting in Berlin. In other areas like Hamburg and Thuringia there was also a near civil war situation, while in Munich the council republic there was one of the last to fall, in early May. Strengths and limits of spontaneity and the role of a party The November revolution showed the colossal power of the working class in modern society. The German workers were able to overthrow the virtual military dictatorship which ruled the country during the war and the imperial regime. They created workers’ and soldiers’ councils across the country, poured into political parties and trade unions, and demanded ‘socialisation’. They had the possibility of taking power in their own right but were blocked by the role of the SPD, the party that had originally been established to overthrow capitalism. German capitalism was only able to survive in 1918 courtesy of the Social Democrat leaders and they bear a major responsibility for the history of the rest of the twentieth century. Lenin, in the “happiest days in his life” initially hoped for the rapid victory of the German revolution. As it was starting, Lenin had been finishing writing ‘The Proletarian Revolution and the Renegade Kautsky’, a pamphlet arguing against the attacks of Kautsky, someone regarded before the First World War as the leading Marxist theoretician, on the Bolsheviks and the October revolution. Filled with hope, on November 10, Lenin stopped writing this pamphlet by adding, at the end of the last chapter: “The above lines were written on November 9, 1918. That same night news was received from Germany announcing the beginning of a victorious revolution, first in Kiel and other northern towns and ports, where power has passed into the hands of Councils of Workers’ and Soldiers’ Deputies, then in Berlin, where, too, power has passed into the hands of a Council… The conclusion which still remained to be written to my pamphlet on Kautsky and on the proletarian revolution is now superfluous”. On the surface this may seem strange. Lenin had throughout his political life striven to build a revolutionary party, but now wrote that “power has passed into the hands of a Council” when a communist party had not even been founded in Germany, let alone won the support of the majority of the working class. In fact, Lenin did not in any way exclude spontaneous movements beginning a revolution and creating a ‘dual power’. In November 1918 he probably hoped that a Paris Commune-type situation could develop and that, with the example of Soviet Russia and the development of a communist party in Germany, the German revolution would consolidate itself, complete the overthrow of the ruling class thereby breaking the isolation of the Russian revolution and inspiring revolutions in other parts of Europe. The fact that this did not happen in 1918-1919 is not an argument against the importance of spontaneous movements, but illustrates their limitations. The course of the German revolution, and its eventual defeat, was an example of why a revolutionary party, armed with a clear programme and approach, was necessary to show how to end the rule of capitalism. However even when initially defeated in 1918-1919, the movement’s strength was strong enough to prevent the counter-revolution crushing all democratic rights. Hand in hand with bloody repression the counter-revolution was forced to take a partially ‘democratic’ form, even sometimes dress itself in ‘socialist’ phraseology – for the time being. This meant that there was still the opportunity for the KPD to learn from the experiences of the November revolution. Although capitalism survived this first round, the German revolution was not over as millions of workers moved to the left, stopped supporting the SPD and, by the end of 1920, made the KPD a truly mass force. However the tragedy is that when, after a series of heroic struggles, the KPD was able to get majority support from workers in 1923, it let the opportunity slip, with the disastrous consequences that instead of the world being completely transformed there was the rise of Stalinism, and then Hitler’s later victory, with all that those events meant for humanity. New recession fear stalks the world economy 10 years since the financial crash The renewed relevance of Engels' classic, 'Socialism: Utopian and Scientific' Leon Trotsky's living legacy North Korea: Nuclear stand-off - dangerous escalation of Washington and Pyongyang conflict 2017: Upheaval and fightback will continue Review: The Iron Heel Review: Oliver Stone's 'Snowden'	cc/2019-30/en_head_0030.json.gz/line154
__label__wiki	0.884602	0.884602	As China’s economy slows, Restaurant Brands is bullish long-term in: Finance, Retail Restaurant Brands International CEO Jose Cil speaks during a television interview on the floor of the New York Stock Exchange. Lucas Jackson \| Reuters As China’s economy slows amid tensions with trade partners, Restaurant Brands International CEO Jose Cil said that the company is taking a long-term perspective on growing its brands in the country. “Our view is that we want to be there, and we will be there for the long-term. It’s an amazing consumption market, growing tremendously,” Cil said in an interview. At its first investor day Wednesday, the parent company of Burger King, Tim Hortons and Popeyes Louisiana Kitchen said that it plans to surpass 40,000 stores in the next eight to 10 years. The expansion is supposed to make Restaurant Brands one of the largest restaurant companies in the world. Chinese consumers’ appetite for burgers, coffee and fried chicken make the country an attractive market for the Toronto-based company, particularly as its sales growth in other markets declines. But the Chinese economy is slowing, and escalations in the trade war over the last week between China and the United States could mean a worse slowdown than expected. Before the latest developments in the trade war, the International Monetary Fund predicted that China’s GDP will grow by 6.3% this year, which would mark its worst performance in 29 years. “Our view on China — it’s a similar view for other markets as well — is that over time things will fluctuate, the economies will fluctuate, commodity costs, labor costs, even administrations will change from time to time,” Cil said. Tim Hortons plans to open 1,500 locations across the country in the next decade as growth in its Canadian home market slows. It currently has 4 locations open in China. Burger King already has a large footprint in the country, with more than 1,000 locations in China. In 2018 alone, it added about 140 new stores there. Other companies see similar long-term opportunities. Yum China, the Chinese spinoff of Yum Brands, is accelerating its expansion of KFC. The Popeyes competitor opened its first store in the country more than three decades ago and added 191 new units during its first quarter. Starbucks, which opened its first store in China 20 years ago, plans to open nearly 600 there in the second half of 2019 as part of its plan to remain the largest coffee chain in the country. China’s own Luckin Coffee, slated for a public debut on the New York Stock Exchange soon, has been trying to beat Starbucks with discounts and stores created for convenience. Tags:brandsbullishchinaeconomyrestaurantslows Previous : Sonya and Dell Curry Mastered Cheering for Their Sons. But Not at the Same Time. Next : Maximum Security’s Owners Take Their Derby Fight to Court The Apollo 11 Mission Was Also a Global Media Sensation	cc/2019-30/en_head_0030.json.gz/line158
__label__wiki	0.517146	0.517146	Issue Date: July, 1971 Editor(s): John Peter and Robin Skelton I would be remiss to start without drawing attention to the provocative and mesmerizing cover photograph by Don Ross whose works are explored by the late Burton Kurth, then Associate Professor at UVic and much-loved patron of the arts. The cover image, which resembles an eye the longer I looked at it, seems to invite the reader to step inside and see the world as the artist sees it. I can’t help but sense that I’m about to enter into a multi-layered creative space. In his essay, “Donald Ross - A Personal View,” Kurth explores one man’s photographic journey and offers insights into “what [Ross] feels photography can do as a visual art.” While Ross’s work harkens back to a time when pre-digital photography reigned, his insights remain timeless and of interest to modern-day practitioners and/or admirers of the craft. No less than twelve representative black-and-white photos by Ross are printed inside the issue. Readers will be delighted by two early poems by a then 20-year-old emerging writer, Susan Musgrave. The highly acclaimed Canadian poet, novelist, essayist, and children’s writer offers a glimpse of her poetic prowess in two pieces titled “Night and Fog” and “Night-Hawk.” Next, the issue continues with a foray into the realm of American poetry with a sensuous sampling of poems by established and lesser-known poets including Sandra McPherson, Greg Kuzma, and William L. Fox. Also, readers can delve into the European mindscape of a writer best known for her feminist classic novel, The Wall. Marlen Haushofer’s short story, “Coffee With Hot Milk,” is both an engaging and cringe-worthy portrait of the human condition played out by a protagonist who desires freedom from his life, his wife and a controlling mother with a limited repertoire of dessert offerings. The piece offers up a comedic slice of life that can’t be missed.	cc/2019-30/en_head_0030.json.gz/line162
__label__cc	0.746509	0.253491	Thank Your Catcher "We carry the burden of the ‘pass ball’ and heed the coach's wrath so that our pitcher doesn’t have to." I recently came across an article by Amanda Scarborough (see here) that got me thinking. Her article talks about why so many people are in awe of pitchers. Yes, pitchers work hard and they do impressive work. I have a great deal of respect and admiration for anyone who dedicates themselves to being a Grade A pitcher. But as a catcher, I understand what it’s like to be on the receiving end of that pitch. So, I want to talk about why I believe catchers are undervalued. Yes, I do understand that there are a lot of people who love the work catchers do and appreciate them exponentially, but for the most part, I feel as though the general population does not understand what goes into being a good catcher and I hope to change that. For every pitching session a college pitcher attends so does a catcher. In fact, catchers attend more. Most teams will have two or three catchers but far more pitchers. Here is an example of what a day looked like for me as a college catcher: 6:00 – 7:00 Team conditioning and lifting 8:00 – 9:00 Catch for Pitcher #1 9:00 – 10:00 Catch for Pitcher #2 10:30 – 1:00 Class 3:00 – 3:30 Catcher practice 3:30 – 5:30 Team practice 6:00 – 6:30 Dinner 7:00 – 8:00 I’d usually try to get in some extra cardio Then I’d do any homework I had, try to hang out with my friends for a bit, and then collapse into bed and slip into a coma around midnight. So that puts regular fielders dedicating 3 hours per day to softball, pitchers 4 hours, and me (the catcher) dedicating 6 ½ hours to softball each day. Not every single day was quite this packed, but the vast majority of them were. Catchers dedicate more time to the game than anyone. Think of the catcher as the quarterback of the team. They have to work for and adapt to each pitcher, learning their signals, their preferred series, their temperament, and how to properly catch each of their pitches. They have to spend time studying and analyzing opposing teams and hitters. The catcher has to understand the game better than anyone as she is the one giving the commands. The catcher controls herself, the pitcher, and the rest of the field. All of those things take practice, work, and time. You can see from the above section that catchers put a lot of time into their work. But what people don’t know is that catching is a craft. Framing a pitch looks simple, but have you ever tried drop your elbow the ground while avoiding your knee in order to frame a tight, low screwball coming in at 68mph from 43ft (that’s a 96mph baseball pitch) without flipping your glove over all while trying to make the umpire think you never moved a muscle? Have you ever tried to simultaneously ‘go get the pitch’ while also having ‘soft hands’? Have you ever tried to neatly and discretely frame a pitch that was supposed to be screwball but ending up going outside? Well, I can tell you this…it’s not easy. And it’s not something just anyone can do. Framing is an art. It’s subtle and completely unobvious to the untrained eye. You won’t even be able to tell if a good catcher has framed the pitch or if it was actually in the zone. Not just anyone can do that. Aside from framing catchers have to block. We spend countless hours throwing all of our body weight onto our knees over and over and over again. Just 15 minutes of blocking practice will leave a catcher’s knees completely black and blue and swollen. And after our knees are hurting and we think they are going to fall off, we’ll go to the bullpen and do 200 squats to catch up another pitcher. Work. Catchers. Put. In. Work. Catchers are the commanders of the field. They are responsible for what every single player does on that field. People always say that pitchers are the center of the field and they are the center of attention. That’s false. Everyone isn’t looking at the pitcher. Everyone, including the pitcher, is looking at the catcher. It doesn't matter what the ball is doing when it leaves the pitcher's hand. It matters what it's doing when it's crossing that plate and that's catcher territory. The catcher is the team leader. They are the voice of the team. Any truly great catcher will also be a great leader. The catcher has to know and understand the game inside and out. They have to know the situation, the count, how many outs there are, the speed of the runners, what the hitter did last time, what number the hitter is in the lineup, what the hitter's strengths and weaknesses are, what kind of day the pitcher is having, and where she’s going to command the ball if it’s put into play. She has to know and be able to do all of that while also being the morale of the team. The catcher is the one who is responsible for picking the team up and encouraging them. She has to keep her pitcher calm and positive. The catcher has to put on a good face even if she just struck out or missed the block, because everyone is looking at her. The catcher is responsible for motivating and inspiring her team even when things aren’t going well. A good catcher is a leader even when it’s tough to be because she knows she doesn't have a choice. When you decide to suit up you decide to be a leader. There is a tremendous amount of pressure on pitchers. I 100% agree with that. I can’t even imagine how a pitcher must feel standing in that circle. I couldn’t do what pitchers do. But there is also a huge amount of pressure on catchers as well. What ever happened to the ‘wild pitch’? A ‘wild pitch’ occurs when the pitcher throws a pitch where it shouldn’t be. For example, if she throws it over the catchers head or if she throws a curve ball in the right handed batter’s it’s supposed to be a ‘wild pitch’ which essentially means it was the pitcher’s fault and that the catcher was physically unable to catch the ball. A ‘pass ball’ occurs when a ball gets by the catcher that she should have stopped. For example, a drop ball goes in the dirt and gets past the catcher, that’s the catcher’s fault. But whatever happened to the wild pitch? I haven’t seen a wild pitch documented in ages. Every pitch that gets by, including the one I leapt into the air for from a squatted position and still wasn't able to get a glove on it because it was so far over my head, is being documented as a ‘pass ball’. We blame catchers for pitchers mistakes. That puts a ton of pressure on a catcher. All I’m saying is, we don’t call it an error on the left fielder because she wasn’t able to jump up 10ft in the air and rob the homerun. Let’s not do it to catchers either. There is also so much pressure put on catchers by coaches when it comes to pitch calling. Technically, the pitcher calls the game. The catcher just gives suggestions and if the pitcher doesn’t like that suggestion, she shakes off her catcher and gets a new suggestion. But when things go south, it’s always the catcher who is getting ripped a new one. It’s always “Why did YOU call that pitch?” It’s the catcher who must silently take the blame. When the pitcher misses a spot and gets a ball jacked, the coach wants to know what the catcher called, because it must be her fault. That’s extremely stressful to deal with as a catcher and it results in catchers not being confident and second guessing themselves. The point of this IS NOT to say ‘Let’s blame the pitcher.' Let’s not blame anyone. Because coaches, I guarantee your catcher did not purposefully call a pitch that would result in a homerun and your pitcher didn’t purposefully miss her spot. Everyone is doing the best they can. So let’s stop the accusing and blaming mid-game and calmly talk about better pitch selections and hitting our spots after because it doesn’t do the team any good to create a shaky, scared catcher. Catchers are hitters too At the college level and after, it’s extremely rare to have a pitcher who also hits in the lineup. I’m not saying it doesn’t happen, but it’s rare. Most pitchers focus strictly on their pitching. In fact, in college, most of our pitchers didn’t even touch a bat in practice either. While everyone else was hitting they would be sent to jog some poles or do some abs. Catchers on the other hand also have to be hitters. If you are a catcher who is a weak hitter, you’re going to have a hard time getting picked up. Catchers are typically expected to not just be hitters, but to be good hitters. With catchers being strong in stature, we expect them to be a top hitter for the team. If you are good defensively but weak offensively, chances are they will put another catcher in your spot. Catchers have to master every aspect of the game. Being a catcher isn’t for everyone. It takes dedication, leadership, and heart. A quality catcher has to be an expert at every facet of the game, including pitching because they will be expected to be able to tell pitchers what they are doing wrong if a pitch isn’t working properly. (Yeah, we have to watch their body as they pitch while simultaneously catching the ball. It’s crazy. We’re basically ninjas.) We work hard and sacrifice ourselves for the glory of the team. We tangle our bodies into the most uncomfortable positions to get another strike called. We knowingly bruise our knees and willingly take a dirt ball to our bare shoulder. We study and stress over the game so that our teammates can rest easy. We carry the burden of the ‘pass ball’ and heed the coach's wrath so that our pitcher doesn’t have to. A catcher doesn’t catch in order to gain glory or recognition. A catcher catches because they love the game and are willing to suit up and take on the hottest spot on the field because they know their team needs someone they can trust back there. So the next time you see a quality catcher, pat them on the back and tell them you appreciate what they do because they squatted their butt ON to get where they are. Here's looking at you, catchers. Literally. nanasandie Love this blog!!	cc/2019-30/en_head_0030.json.gz/line168
__label__wiki	0.556037	0.556037	Minfocus Exploration Corp. > METALS > Palladium Palladium is a silvery-white metal, element 46, symbol Pd, atomic mass 106.42, specific gravity 12.02, melting point 1550ºC. There are six stable isotopes, like platinum. It has the lowest melting point and lowest density of the six PGE, and is the least refractory and most geochemically reactive metal of the group. It is very malleable and ductile. The mean abundance of Pd in upper continental crust is estimated at just 0.52 ppb, similar to platinum, and rarer than gold (1.5 ppb) and silver (53 ppb). English scientist William Hyde Wollaston, who discovered how to render platinum malleable, isolated palladium from crude (native) platinum in 1803. He named it for Pallas, the second asteroid to be observed, which was recognized the previous year by Olbers and named by him for the Greek goddess Pallas Athena. Palladium is recovered as a byproduct of magmatic copper-nickel sulphide ores, and in certain mafic-ultramafic intrusions, both in sulphide-poor layers (“reefs”) and in disseminated semi-massive to massive sulphide ores, most famously in the Noril’sk-Talnakh “ore junction” associated with the Siberian flood basalts, of Permian age. Other notably Pd-enriched ores are recovered from the only two currently (2011) operating primary-PGE mines in North America, in the J-M Reef of the Stillwater complex in southern Montana, U.S.A., and the texturally-complex ores of the Lac des Iles mine in northwest Ontario (both of late Archean age). Palladium is an essential constituent of far more discrete minerals than any other PGE, in much the same way that there are far more minerals of silver than of gold. The most common Pd minerals include compounds of Pd with one or more of tellurium, bismuth, antimony and sulphur. Palladium-rich minerals first described in Canada include sudburyite, froodite and michenerite. It may also be concentrated to relatively high levels in solid solution in some more-common ore minerals, such as the iron-nickel sulphide pentlandite. The chief producing country for palladium has long been Russia, due largely to the mines of the Noril’sk-Talnakh area of the Siberian shield. In 2009, the supply was dominated by Russia (51%), followed by South Africa (33%) and North America (11%). The latter has long seen byproduct production of PGE from the Sudbury nickel mines, supplemented in the past two decades by two mines worked principally for palladium, at Lac des Iles in northwest Ontario and the Stillwater complex of Montana, U.S.A. The largest uses are currently autocatalysts, electronics, jewellery and a legion of roles in the industrial sector (including dental applications). It can absorb large volumes of some gases, particularly hydrogen, and when finely divided is a fine catalyst. It is excellent for the production of noise-free, tarnish-proof electrical contacts. It is used in high-temperature solders. Palladium-silver alloys can be used to braze stainless steel. It is employed in computers, mobile phones, fuel cells and other products. Alloyed with ruthenium, another of the PGE, palladium makes a white metal thought good for the settings of diamond jewellery. Palladium figures, second to platinum, as an investment in exchange-traded funds which have sought PGE since the price run-up which has dominated the metal markets since the start of 2009.	cc/2019-30/en_head_0030.json.gz/line169
__label__wiki	0.797621	0.797621	mmoonneeyy.info Business O OPIO DOS INTELECTUAIS PDF O opio dos intelectuais pdf mmoonneeyy.info Uploaded by. Paulo Masson · bncc- mmoonneeyy.info Uploaded by. Paulo Masson · Apostila de Análise Sintática. Please, help me to find this opio dos intelectuais pdf. bf software house · diminuindo o tamanho de um pdf · love out loud movie theaters. Resumo: Raymond Aron é famoso porque no Ópio dos intelectuais declarou que A igualdade é algo mais sério que o índice de Gini e num certo sentido é a. Author: CORRINNE WOODHOUSE Language: English, Spanish, Japanese Genre: Lifestyle Uploaded by: TESSIE 12 abr. Download Raymond Aron - O Ópio Dos Intelectuais. mmoonneeyy.info - Ebook download as PDF File .pdf) or read book online. ARON, Raymond. O Ópio dos mmoonneeyy.info - Ebook download as PDF File .pdf) or read book online. During the period from to , Aranguren was starting to engage with several typi- cally neo-Marxist topics, such as consumerism and manipulation. So much so that, such reason ultimately proves to be irrational insofar as it leads to destructive —rather than constructive or creative— paths. First, the work of both authors has been noticeably influenced and shaped by their psychological profile —or, to use Ortegan terminology, their actitudes vitales— and by key biographical events, at least as much as by their socio-historical background. Soon thereafter, he transferred to Freiburg, whe- re he studied Philosophy and Political Economy. With this reasoning, Pascal avoids supporting his belief in God on arbitrary foundations. Several reasons drove Aranguren to turn Marxism into his interlocutor. As result of his radical stand and political involvement, he was char- ged with accusations, such as politicizing university students and corrupting the minds of the young see Katz, Moreover, I contend that their work provides evidence of the existence of attempts to liberate reason from its instrumentalization as part of a wider European current, opening the door to finding other such attempts in other authors whose work, although beyond the scope of this book, may be analysed in subsequent research. As a result of his frequent newspaper articles and his television appearances during the Transition, he boasts a wide readership that —not without controversy— holds him in high esteem as the number of awards received and the events held in his honour bear witness to5. What I argue throughout this book is that Aranguren showed a clear interest in the Frankfurt School —Marcuse in particular—, disseminating their thought and developing many of the key questions posed by the members of the School. Consequently, there is every indication that his intellectual contribution, although extremely valuable, has been overshadowed by the immense interest gene- rated by his own charisma and his other roles. What I suggest here, however, is that there is an important subversive element in their thought which, although concerned with their historical circumstances, aims to transcend those in order to address the issue of rationality itself. Thus, I contend that the study of Aranguren and Aguirre from this perspective is, therefore, of interest because, first, it constitutes a recuperation of a crucial aspect of their thought which has passed largely unnoticed and, second, because it unveils evidence of the existence of a current of Critical Theory in the Frankfurtian sense in Spain, despite having typically been considered inexistent. Although the Institut was affiliated with the University of Frankfurt am Main when founded in —hence the name of the School—, as a result of the threat of Nazism, most of its members emigrated to the United States, where the Institut was relocated until , when it re-opened in Frankfurt. It was precisely in exile, where the School gained notoriety and developed its Critical Theory. Frankfurtian Critical Theory provides a critical framework from which to understand neo-capitalist societies, by drawing attention to and criticising the then new forms of alienation brought about by the consumer society9, mass culture, mass art, 9 As Candice L. In this same vein, the word also refers to the process of ingesting and metabolising food. In reference to material culture, this latter meaning expands to be applied to a particular behaviour in the market place. Needless to say that the position of its members as cultural critics encountered copious attacks; their often elitist approach, as well as their pessimistic conclusions remain to this day problematic aspects of their work. Its relevance lies in that the neo-Marxist critique of manipulation —particularly manipulation of the mass media in the context of political propaganda and commercial advertising— is primarily based on the concept of false consciousness or voluntary servitude, as Marcuse also refers to it. False consciousness stands on an extremely elusive ground due to its reliance on attitudes and beliefs which the individual who holds them is unaware of. For this reason, it remains a problematic concept. No less important is the fact that they did so incorporating Marxist, Freudian, existentialist, socio-economic, political, and aesthetic theories into their thought. That is why, despite the unresolved problems present in their critique, the influence of their work on sociological, philosophical, cultural, and even political thought has been considerable, going far beyond the United States and Germany. Spain is no exception. Aranguren was well aware of the work of what are generally considered to be the core members of the Institut, as well as of other thinkers often referred to as the periphery Instead, political, economic, social, moral, and religious factors must be analysed individually, —although not separately— in an effort to elucidate how they affect this change. Aranguren himself explicitly refers to this: In fact, he concludes that access to the Frankfurt School in Spain cannot be considered as having been restricted to his generation, because the Institut did not immedia- tely acquire a real social existence. Notas de literatura and Prismas, both pu- blished by Ariel Nonetheless, the changes in work see references to Gramsci, , 2: These, however, were not as readily available to Spanish readers as those published in Spain and, thus, had very little impact on the introduction of their thought in the country. It is from this perspective that Aranguren argues against the perception of the introduction of the Frankfurt School in Spain as late. This argument is supported by the research of contemporary scholars, who contend that, far from a late reception, their introduction —contrary to what one might expect given the context of the Francoist dictatorship— happened earlier and was more extensive than in other European countries such as Italy or France due to, as Fernando F. Nevertheless, the introduction of the Frankfurt School in Spain was complex and far from balanced and comprehensive. It should also be noted that a translation of this book had not yet been published in Spain. Aranguren points on various occasions to Aguirre as the person chiefly responsible for having introduced the Frankfurt School into Spain see , 5: Gracia provides a more balanced account of the process of translation and edition in Spain of the work of the members of the Frankfurt School: En el mismo sentido, Seix Barral editaba a Marcuse So several publishing houses, different editors, and translators were all involved in the publication of the Frankfurt School in Spain. Nevertheless, out of the 43 books by the Frankfurt School published in Spain since its introduction in until , Taurus published at total thirteen. Hence, there is not sufficient evidence to indicate that the role it plays in relation to Marcuse is comparable to that of Taurus in relation to Adorno, Horkheimer, and Benjamin. This constitutes the most consistent and prolific effort to introduce the work of the School into Spain. Hence, it is in this sense that Aguirre can be credited with being its introducer. Regarding its influence, it is widely assumed that Critical Theory as developed by the Frankfurt School has had little impact on the direction of Spanish intellectual development. Furthermore, it is generally thought that no Critical Theory, other than in a literary sense, was ever produced in Spain. In contrast, Constelaciones, whose first volume assesses the currency of Critical Theory, also explores the introduction and reception of Critical Theory in Spain and other countries —namely, Brazil and Portugal—. This is part of the renewed academic interest that Critical Theory has aroused and evidence of the current engagement in Spain with Critical Theory. More importantly, I argue that Aranguren and Aguirre both developed their own thought in a manner consistent with the core principles of Critical Theory, to the point that it is possible to refer to it as such. O-Opio-dos-Intelectuais-Raymond-Aron-.pdf Against Instrumental Reason highlights the significance of re-assessing the impact of Critical Theory and of the Frankfurt School itself on Spanish thought and culture. Moreover, the end of the Franco regime and the early years of the Transition cannot be fully understood without reference to role that the introduction of Critical Theory played in Spanish inte- llectual development. The methodology of the history of ideas originally developed two distinct approaches. Arthur O. Lovejoy and his followers focused closely on the text, arguing that research must be interdisciplinary and must take into account an expanded literary cannon which may extend to different countries, even incorporating linguistic research. As a reaction against the excessive stress this approach put on formal thought and written texts, another approach lead by Wilhelm Dilthey adopted a more historical perspective, arguing that social history is essential in the hermeneutical process of the history of ideas. Skinner, however, is critical of both approaches. In his Visions of Politics, Skinner states: In making this comment, Skinner argues that it is not the role of the historian, even in the area of the history of ideas, to engage in an analysis of the truth content of the past, but rather in its interpretation. Consequently, the aim of this book is not to evaluate the philoso- phical, political, or intellectual value of Critical Theory, but to draw attention to the impact of Critical Theory on Spain and on the two authors object of this research. According to this approach to the history of ideas, contex- tual information is used, not to interpret the text directly, but to contribute to elucidate the intentionality of its author. Heavily in- fluenced by the theory of speech acts developed by John L. Austin and John R. Studying texts in the light of illocutionary speech acts has important political implications. As Austin defended in How to Do Things with Words, some utterances have a performative value; that is why, for Skinner when it comes to the social realm and po- litics in particular, saying something is doing something. By means of his perspective of linguistic action, for Skinner, thinking politi- cally goes far beyond thinking about politics. Thus, this rehabilitation of Aranguren and Aguirre as political agents becomes simultaneously one of the aims of this research and one of the consequences of its methodology. This shift in focus from what it is said to how and why it is said not only renders an analytical approach to exegesis unnecessary, even insufficient, but, crucially, also unsuitable. It implies the desirability for interpretation to go beyond what is already said, beyond the text. Far from imposing a foreign framework of rationality as the guiding reference for the analysis of the work of Critical Theorists, which may result in the distortion of their thought, this approach is in line with the methodology of Critical Theory itself, which also strives to go beyond that which is. What is more, I argue that this is precisely what has happened in relation to the thought of Aranguren and Aguirre, whose sub- versive and political content and their possible relation to Critical Theory have been largely overlooked until now. This is why the link between biography and work is crucial in the analysis of these authors. The most immediate consequence of this position which insists on the link between text and author is the interconnectedness of the various levels of their work, such as biography, content, form, and style. Because of the relevance of intentionality, form and style are just as important as content, since these are not coincidental features of their work, but the result of deliberate decisions which shape it. Intentionality is at the very core of their writings, for they are clearly concerned with the effect they would have on their readers. Their writings pursue two primary aims: At the same time, they emphasize the humanistic rather than scientific nature of their writings, which is also aimed at becoming closer to their readers. Its conclusions are, of course, not entirely verifiable. Nevertheless, the inferences made are supported by existing material testimonies and are, therefore, falsifiable, thus avoiding the trap of relativism. Furthermore, as with intentionality itself, such a rejection of verifiability —of the aspiration of certainty— is very much in line with the stand taken by Critical Theory. First, the work of both authors has been noticeably influenced and shaped by their psychological profile —or, to use Ortegan terminology, their actitudes vitales— and by key biographical events, at least as much as by their socio-historical background. Finally, there is unwillingness on the part of these authors to separate author from work, life from theory, because of its impact on the content of their writing, but, more importantly, on the framework of the rationality they adopt. The possibility and desirability to establish different and distinct fields of research and experience is questioned. Although there are important formal and stylistic differen- ces between them, their work shares a substantial emphasis on a traditionally autobiographic topic: An example of this is the fact that a good number of au- tobiographical testimonies are found in their texts. Consequently, it must be emphasised that one of the key characteristics of their contributions is the existen- ce of this deliberate autobiographical element whose implications and significance have to be acknowledged and explored. Undoubtedly, including auto- biography as part of an aca- demic argument presents a number of difficulties. Paradoxically, this reductio ad absurdum, instead of proving the impossibility of this genre, states the importance of it and the implicit dangers of refusing to acknowledge the reach of the ever-present author. As Anderson argues, despite the efforts to relegate the personal to some clearly signposted and separa- ted sections of the text, there are traces of the author throughout the text in the form of specific words or rhetorical constructions that modify several aspects of the discourse, thus conferring the personal a certain visibility The autobiographical is an inherent aspect to any text, although in varying degrees. Ack- nowledging it, both as a critic and as a writer is, therefore, not so much a practice which should be at odds with the standards of an acceptable argument, as the act of positioning oneself on a parti- cular side of the discussion. Having discussed the reasons for this approach, it should be noted once more that the emphasis of this analysis is placed not so much on the truth content of this markedly autobiographic material as on the implications and repercussions that arise from it. The personal account of the writer bears witness to a certain part of history, a part of history which in all likelihood has been shared by others. The existing connection between biography and history effectively extends a bridge over the distance that separates the writer from the reader, the self from the other. Regardless whether or not the reader is part a particular historical event, the autobiographical text creates a set of two co-ordinates, personal experience and subjectivity on the one hand, and a socio-historical context, historicity, on the other, thus, making it easier for the reader to relate to it. However, this connection between autobiography and his- tory is not without problems. This is, of course, true. However, it does not automatically dismiss the value of an autobiographical account as testimony; it only re- minds us that, as human beings, we often experience a need or, at least, a desire for totalizing, explanatory accounts, despite the fact that there are a number of epistemological difficulties which make any claims for such knowledge highly suspicious. Autobiography as testimony also raises the issue of the role of subjectivity. Theoretical and methodological importance has been awarded to experience and subjectivity in the autobiographical text because, in this context, it constitutes a subversive genre; because, by welcoming other —experiential— forms of discourse, it questions and destabilizes the structure of instrumental rationality. The question of control is a very relevant one; to what extent can anything actually be under the conscious control of the subject? Is control, on the contrary, an illusion, a working concept that allows the individual to gain a sense of safety and direction so as to go about his daily life? Determining the extent of this influence and how this may affect the issue of control is a complex matter which deserves close attention, and although it cannot be resolved here, its complexity should not be underestimated. Autobiography is, then, an exercise which results in the representation and expression of the self and its circumstances, although, granted, it is a biased and partial one. Despite the key role of the biographical component in re- constructing and analysing the work of these intellectuals, it is just as important to emphasize that biographical data can only ever provide ad hoc explanations, because not doing so would result in an unsupportable deterministic view of personal choice and his- tory. The first part, more theoretical and historical in nature, con- sists of three chapters whose aim is to establish the framework for the rest of the book. These chapters introduce Critical Theory as developed by the Frankfurt School and discuss the socio-historical and political background against which the thought of Aranguren and Aguirre developed. Thus, after having discussed the aim and methodology of this research in Chapter One, Chapter Two is devo- ted to identifying the core and defining features of Critical Theory, so as to create a point of reference for the comparative study bet- ween Critical Theory and the thought of Aranguren and Aguirre. Chapters Four and Five explore the personal and intellectual relationship that Aranguren and Aguirre, respectively, maintained with some of the members of the Frankfurt School and their po- sition towards Critical Theory. Although particular atten- tion is paid to the role he played in introducing the Frankfurt School in Spain, this chapter evaluates the role and influence of the diffe- rent positions that this charismatic intellectual held throughout his life. More importantly, this chapter specifically aims to clarify his controversial relationship to Critical Theory by also analysing his contribution as a writer. The sixth and final chapter assesses the role of biography, fragmentation, exile, art, the subject, psychoanalysis, and spiritua- lity in the work of Aranguren and Aguirre. It is with its original meaning, in reference to the Frankfurt School, that this term is employed throughout this book, which is why capitals are used. Following Kellner, Critical Theory can be understood as theory of exile Exile is central to the development of Critical Theory not because it developed in exile, but —most importantly— because the content of their thought was shaped in no small measure by their experience of exile. It was this exile —the condition of outsiders that the members of the School shared— and their experience of the socio-political, economic and cultural differences between Germany and the United States that provided them with the critical distance to develop a fierce critique of the advanced capitalist society, as well as of the rationality which supports it. This, however, should not be taken as an indication of the cohesion and homogeneity of Critical Theory or of the Frankfurt School itself. Although Max Horkheimer, Theodor W. Nevertheless, it is fair to say that Horkheimer —then its director— and Adorno represent the ideological centre of the School. Hence, the first feature of Cri- tical Theory which needs to be highlighted is its diversity. Despite this diversity, Rush stresses that there are some core concepts which are shared by all Critical Theorists. In addition, the interrelation of its elements —the intrinsic link between content and style, theory and praxis— constitutes another core characteristic of Critical Theory. Thus, given the existence of these core —and shared— features, the idiosyncratic and, sometimes, substantial differences between the work of the individual members of the Institut should be understood as different manifestations of Critical Theory. The most salient of the elements which Critical Theorists share is their aim; the aim to transform society as opposed to uncritically reproducing it. Its target is the critique of instrumental reason and the denunciation of the new forms of alienation developed by neo-capitalist society in particular. You might also like: A FURIA DOS REIS PDF GRATIS Thus, it attempts to provide criticism and alternatives to traditional or mainstream social theory, as well as a critique of a full range of ideologies. Instead of targeting specific socio-economic and political problems only, their critique is directed against the specific rationality upon which Western society is based: There, Horkheimer argued that reason, as has been known and exercised since the Enlightenment, is ruled by exploitation, productivity, and profitability criteria which have become ends in themselves. That is why, far from being the kind of interpersonal, critical, and reflexive reason which would encourage the deve- lopment of the individual and of the society she or he inhabits, it constitutes an instrumental form of rationality which equates utility with rationality. So much so that, such reason ultimately proves to be irrational insofar as it leads to destructive —rather than constructive or creative— paths. This constitutes an assessment of rationality and society made on moral grounds; Critical Theory —as Honneth ar- gues— considers instrumental reason as a socially deficient ratio- nality because of the ethical core which informs and drives Critical Theory itself As Honneth observes, despite the different vocabulary used by its various members, they all refer to a deformed rationality: They denounce this deficient rationality as guided by self-interested criteria, resulting in the subjugation of nature and the individual. This does not mean that the Frankfurt School advocates renouncing reason altogether. This distinction, as Peter U. Influenced by Hegel, the only characteristic of this self-actualization shared by the members of the Institut is that the criterion for a successful individual self-actualization is linked to the self-actualization of the rest of members of society. This premise is consistent not only with their concern with social justice, but —more primarily— with the undefined ethical premises guiding their thought. Critical Theory, although interdisciplinary in nature, must be understood within the framework of the renovation of the principles of Classical Marxism which, by the mid-twentieth century, faced with the dynamics of neo-capitalism, had long been dated. As Marcuse states: Old Marxist economic models are found to be in need of revision; they do not expect the proletariat to gain class-consciousness and overthrow the capitalist government, for they consider the proletariat and the class struggle as obsolete concepts. Whereas the concept of the proletariat becomes inapplicable, the social force which needs to be analysed, instead, is the mass. Economic movements and interests are no longer thought to fully represent or reflect society and, influenced by Antonio Gram- sci and psychoanalysis the School explores and highlights the rela- tionship amongst subjectivity, culture, and economic systems. As Kellner explains: Although Marcuse and his colleagues would accept the Marxian position that the economy is the crucial determining factor for all social life, they reject all forms of economic reductionism and attempt to describe the complex set of mediations connecting the economy, social and political institutions, culture, everyday life, and individual consciousness as parts of a reciprocally interacting social system b: In doing so, as Kellner argues, Critical Theory goes beyond interdisciplinarity and becomes supradisciplinary, for not only does it cross over several disciplines, but it questions the very idea of having boundaries between competing disciplines as a counter- productive and arbitrary division The result, in the case of the Frankfurt School, is a highly critical and complex theory which targets instrumental reason, consumerism, mass society, and the culture industry. It must not be forgotten that the work of the Frankfurt School is, to a large extent, a response to the rise of fascism in Europe; given the irrationality of the latter, the School considered psychoanalysis to be necessary for the analysis of Fascist society itself, but also of the society which created the conditions for Fascist ideology to emerge and thrive. Moreover, they claim that there are important connections between liberal capitalism and fascism. Similarly, the goals and methodology put forward by Marcuse that same year are subject to change and evolution, for as Marcuse himself ex- plains: Thus, it becomes evident that Critical Theory is not only di- verse in its manifestations, but also flexible, for it aims to address the problems associated with the ideology and rationality preva- lent at the time that is being exercised. So what are these aims? This is obviously a problematic and paradoxical position, for stating such a critique results in its own negation. How can anyone be free from an ideology that is perceived as all-encompassing? Adorno and Horkheimer, however, do not pursue this line of reasoning and their critique remains essentially negative. Even Marcuse, who does not state the impossibility to liberate consciousness from the limitations imposed by instrumental reason, remains in the sphere of negative critique and admits not knowing who the agents of change may be b: Does this mean that Critical Theory has no politics, as is often argued? Despite the lack of affiliation of Critical Theorists to party politics and their focus on cultural and aesthetic issues, this is no evidence of their lack of political com- mitment. As Chamber argues, their non-engagement with party 17 For a succinct summary of the ways in which it is often argued that Critical Theory has no politics see Chambers, Marcuse [ What is more, this position —as Kellner indicates— has significant practical, even political, implications. The realization of the impossibility of escaping the existing co-ordinates of rationality, however, does not mean that the work of Critical Theorists is not political, but that our concept of politics —if it is limited to party politics— needs to be revised. Considering the normative agenda present at its root, Critical Theory must be inextricably linked to politics. To put it differently, Critical Theory is political in as far as it stems from the desire to instil socio-cul- tural and economic change. As Chambers states: Critical Theorists choose to reframe the concept of politics in Socratic terms. This is not to be understood as an inner withdrawal, but as an empowering and fully political stand. That is to say that for Critical Theorists, as Chamber argues, politics is ultimately understood as paideia This search for truth has important consequences for the methodology of Critical Theory. The critique of instrumental rea- son itself already suggests the need to develop a more compre- hensive alternative reason, upon which to base any truly transfor- mative research. Moreover, as a result of their premises and their aims, Critical Theory must adopt a different rationality itself in or- der to avoid being prey to its own criticism. Thus, Critical Theory must be essentially different not just in its theoretical content but, more radically, also in its methodology, effectively constituting a different rationality of its own right. Critical Theory is concerned with the interpretations of what there is in such a way that reason may reach conclusions which go beyond its initial premises; failing to do this would not only be a sign of being caught in the dominant ideology, but it would also entail the acceptance of what there is. This is achieved by incorporating into their theoretical analysis elements traditionally excluded from the realm of reason such as, the value of speculation, experience, subjectivity, and, ultimately, praxis. In a subversive manoeuvre against the established framework of rationality, Critical Theory sheds a new, positive light onto the concept of speculation, by reassessing its role and implications for a more detailed analysis of the role of speculation in Critical Theory see How, As Chambers states, the aims of Critical Theory are: That is why he claims that genuine experience has disappeared. For this reason, one of the purposes of Critical Theory is recove- ring the value and the possibility of genuine experience, which is essential for a coherent rationality. By adopting a supradisciplinary approach, Critical Theory endeavours to integrate subjectivity, experience, and praxis into its theoretical analysis in an effort to construct a comprehensive social theory which can confront the key social and political pro- blems that result from advanced capitalism. Critical Theory suggests that the actualization of individual freedom requires adopting a common praxis that is more than the result of the mere coordination of individual interests. Despite this ethical motivation, Critical Theorists reject the possibility of a universal moral theory; they are suspicious of totalizing solutions. Praxis can be observed from different perspectives in the work of the members of the Frankfurt School. On the one hand, although Critical Theory is not prescriptive, the ultimate goal of their critique is the liberation and the self-actualization of the individual. Because of this guiding goal, their thought has political implications which, as such, belong to the realm of praxis. This is most visible in the case of Marcuse, who not only was a source of influence, but also of support, for the New Left in the United States during the s. Other examples of the biographical commitment to their thought can be found in Adorno, who provided dozens of radio interviews in an effort to reach the public and make his views clear, and in Fromm, who was a consistent supporter of social justice and campaigned for international human rights and the abolition of nuclear weapons; this is less so in the case of Horkheimer. This is not accidental, since the different elements which form Critical Theory are part of a holistic effort to subtract Critical Theorists themselves and their readers from the dominant ideology of advanced capitalist society enough to make this criticism, but also to open up the possibili- ty of the liberation of the individual from such ideology. For this reason, the style which Critical Theorists use to communicate is a deliberate consequence of their aims and their own ideology, and can be considered the materialization of their methodology. This style, although idiosyncratic to each one of them, sha- res the same aims, namely, the expression and communication of complex and interrelated trains of thought, but also the destabi- lisation of instrumental reason. That is why some critics, such as How, express their surprise at the description of Critical Theory as popular and, even, populist. Marcuse mostly did not write in short, easily absorbable sentences, but in long, roving, muscular phrases where a sentence could last a whole paragraph and where the subject and object of the sentence seemed only distant cousins. This challenging language is by no means exclusive to Marcuse, for other members of the School also defy the linguistic limitations of lineal expression and demand the engagement of the reader with the text. It must be stressed that the choice of this style is deliberate and obeys methodological reasons. As Holger Brier indicates: Adorno was no poet. Invariably, this does have implications for his style. Upon elucidating that style plays a crucial role in allowing the possibility of exercising Critical Theory as a rationality on its own right, it becomes clear that one of the key features of Critical Theory is the strong interrelationship between aim, methodology, and style. It is an inherent feature to Critical Theory, which must be shared by any other thinkers beyond the Frankfurt School, in order for them to be considered Critical Theorists. This is precisely what I argue to be the case for Aranguren and Aguirre, as discus- sed below. It is based on this understanding of Critical Theory that I argue that it is possible to conceive that, in response to the specific socio-political circum- stances of twentieth-century Spain, a form of Critical Theory has been developed by some Spanish thinkers. Thus, this book aims to provide evidence that Aguirre and Aranguren, although idiosyn- cratically, both develop their thought in ways consistent with Criti- cal Theory. Further research may show that other Spanish thinkers may also be considered Critical Theorists. Raymond-Aron-O-Opio-Dos-Intelectuais.pdf In fact, their interests, the specific focus of their thought, their form, and style are diverse. Never- theless, it can be said that Aranguren and, although differently, also Aguirre develop a neo-Marxist critique of neo-capitalist so- ciety and its effect on the individual. What both of them have in common is the elaboration of a critique of instrumental reason which, as discussed above, lies at the very core of Critical Theory as developed by the Frankfurt School. What is more, this critique forms the basis from which Aguirre and Aranguren develop the rest of their thought. It is not my intention either to suggest that Aguirre and Aran- guren deliberately follow the patterns of thought described above in order to accommodate their work within the parameters of Cri- tical Theory. Nonetheless, it remains true that a parallel develo- pment to that of the Frankfurt School can be observed. After the unreason involved in any war, especially in a civil war, after the incongruities and the injustices of Francoist ideology, a new form of reason had to be sought. This is precisely one of the key characteris- tics of the decade of the s in Spain. In this sense, the thought of Aranguren and Aguirre —particularly from this decade onwards- is a reaction against the ideology of the regime. More importantly, it is the rejection of the rationality exercised by the regime as well as an attempt to develop a questioning, yet coherent, reason. They are, of course, not alone in this quest. Hence, what they advocate is a much more radical project, not the reconstruction of instrumental reason, but its rejection in favour of a more humane and holistic alternative: Despite the fact that they do not develop a co-ordinated or systematized approach to their intellectual production, they do, however, share the defining characteristics of Critical Theory: In turn, this is hoped to spark a qualitative process of transformation of society. Their work, however, does not constitute a mere replication or reiteration of Critical Theory as developed by the School. Their divergence from the Frankfurt School is particularly significant in relation to their conclusions. The School is often described as pessimistic because they do not clearly identify who the agent to bring about social change and personal emancipation would be. Moreover, without such an agent, the possibility of bringing this emancipation to fruition comes into question and the possibilities which they sketch in their writings remain confined to the realm of utopia. In contrast with them, these Spanish thinkers offer a more hopeful vision. Partly informed by their highly developed sense of spirituality, partly enthused by the possibilities the end of Fran- coism and the Transition into democracy seem to open, Arangu- ren and Aguirre place their hopes for emancipation in a cyclical process of multi-levelled change which can only start with the in- dividual. For this reason, it is important to emphasize that both of them share an interest in spirituality which they incorporate into their critique, and which becomes their distinctive contribution. These positions were reflected in their writings, but what was their impact? How do their publications relate to the changes in the socio-political and cultural atmosphere they lived in? Nonetheless, it did try to impose its hegemony indirectly through illiteracy and directly through censorship, the control of cultural expressions and public discourse. The illiteracy rate in is estimated to have been so- mewhere between 30 and 40 percent. In response to this situa- tion, there were various initiatives amongst Republicans to spread culture throughout Spain, although not without controversy; as Faber indicates, bread and tools to work seemed more urgent The Repu- blican government set out to combat the high illiteracy levels by creating new schools. De a se crearon The period of involution mentioned, refers to the overt opposition of the rightwing biennium, whose conservative policy opposed any attempts to secularize education. Moreover, as Jordi Mones i Pujol-Busquets argues, in an effort to prevent the adoption of new ideas and preserve their position, they were also clearly hostile to scientific and cultural develop- ment This belligerent attitude towards education had serious consequences. During the Republic, it propitiated verbal abuse against educators and intellectuals, which, after the Civil War broke out, turned to physical violence. They were accused of having introduced in Spain subversive ideas which were in detriment of home-grown principles and customs, and were, ultimately, blamed for leading the country to its alleged decadence. During the first years of the Civil War, the Republican educational effort intensified. In addition, many unoccupied houses were transformed into schools. Regarding higher education, Abella indicates that during the year alone, over four thousand grants were awarded The Republic was also concerned with adult illiteracy and, in an effort to combat it, in January , it created the Milicias de la Cultura, which taught basic reading and writing skills to voluntary military recruits and combatants. However, this eagerness also meant that the boundaries between culture and propaganda were often blurred. However, most historians agree that, at least initially, the Republic received the support of most prominent Spanish intellectuals and artists, whereas the support of high calibre intellectuals for the Nationalist side was scarce. By contrast, the intellectual support received by Nationalists was comprised by Joseantonian followers and conservative traditionalists thinkers such as Ramiro de Maeztu and Fernando Luca de Tena. The reasons for this are that, on the one hand, the concept of culture was soon equated with left-wing thought and, on the other, that the empowerment that knowledge may confer could turn culture as a source of opposition. As a result, Nationalists sought cultural hegemony. Very much aware of the political power of education, in September , the first Francoist government approved a law for the reform of secondary education, motivated by the belief that, as Claret Miranda argues, it was in secondary education where the ruling classes were formed; shaping them according to Francoist principles was a priority Culture in Spain during the regime was used as an instrument of legitimation and perpetuation of power, an instrument of domination. One of the consequences of using education as a political instrument was the clear separation between education and culture. As Claret Miranda indicates, this can be observed in the distrust of the regime towards educators, whose loyalty to the regime had to be confirmed before they were allowed to teach Libraries and learning were often regarded as left-wing propaganda. Educators, researchers, as well as research and teaching materials were all under scrutiny and, consequently, purged by the regime, particularly at the beginning. This means that an important number of titles deemed pernicious or not suitable, particularly foreign books, were destroyed or locked away. Paradoxically, as Jordan indicates, some of the books confiscated have ended up in the National Library, thus ensuring their survival Francoism sought to control all forms of cultural expression, which it attempted to do by means of the instrumentalization of the media to serve political purposes. Despite the efforts of the Republic, at the end of the Civil War Spain still was a country with low levels of schooling, high levels of illiteracy, and insufficient educational infrastructure. In addition, although active efforts to promote and expand access to education were not made by the regime until the s, whatever education there was, was used for the political purposes of the regime. Only by , well after the introduction of demo- cracy, illiteracy was reduced to 3. After the Civil War, state funding for the clergy was restored. Also read: GUIA DOS MOVIMENTOS DE MUSCULACAO GRATIS PDF The Spanish Church regained its former spheres of power and in- fluence, such as education and marriage, and gained others, such as censorship. Thus, the Church was heavily involved in teaching and in cultural life, an example of which can be found in the con- siderable presence of the Opus Dei in Spanish universities. The result was a return to a scholastic style and focusing education on the production of technicians who would be needed by the structure of capitalism. In addition to this, public libra- ries did not enjoy the support of the regime, while the production of new material and the delivery of education were also closely controlled, making for largely stifled University classrooms which were reminiscent of the scholastic style. It was not until the s that some movements of educational reform, such as the Basque ikastolas, were allowed to develop see Mones i Pujol-Busquets, On the other hand, those dissident writers who remained in Spain, forced to work within the constraints of the regime, often developed al- ternative ways of expression while readers cultivated the art of reading between the lines. Censorship, however, was inconsistent. Although established by the draconian Press Law of , there were no clear guidelines to define which contents were allowed and which were not, re- liance being placed to a great extent on the subjective opinions of the censors. Nevertheless, this inconsis- tent censorship was more the result of disorganization, the lack of specific directives, and the different interests of the people and institutions involved in the censoring process, rather than being the result of a carefully developed strategy. The regime was trying to gain acceptance, both at home and abroad, particularly between , the beginning of a period of international isolation, and the early s, with the entrance of Spain into UNESCO and the signing of the Pact of Madrid with the US , which signa- lled the end of such isolation. Consequently, the regime was keen on promoting an appearance of open-mindedness and tolerance, while pushing for its own moral code and cultural hegemony. The- se double standards meant that the regime would allow the publi- cation of some intellectual works and accept modest criticism. Its effects, however, have been debated, because although prior censorship was abolished, post- publication censorship still existed, which effectively encouraged a greater degree of self-censorship. This proved to be a successful strategy for the regime; by allowing some degree of dissidence to be voiced, the regime hoped to gain a wider degree of interna- tional acceptance and to promote a misleading national sense of relative freedom and Europeanization. Thus, this dissidence was assimilated by the regime, rendering it innocuous. Nevertheless, it did allow for previously silenced topics to be openly discussed in print, as is the case with the Christian-Marxist debate which mar- ked the late s. As he matured intellectually and politically, his expression changed accordingly into a more inquisi- tive, digressive, personal, dialogical, even, transgressive style. His style is transgressive in as far as there is an element of crossing or blurring standard separations, divisions, and borders of tem- poral and intellectual nature, hence his supradisciplinarity. This supradisciplinarity becomes necessary, as a result of the issues he dealt with, which are diverse and, in many ways, closely intertwi- ned. His provocation lies in crossing such boundaries, in voicing what others dare not think and, above all, in his thought-provoking, tireless defence of the function of the in- tellectual, which he so keenly performed. Raymond Aron - O Ópio Dos Intelectuais - Free Download PDF Aranguren adopted this role, thus emphasizing the correspondence between his theoretical and biographical stands. This also means that the ti- me-span and the main subject of discussion of each phase are not rigorously clear-cut. As a whole, Aranguren valued the teachings of the past and integrated them into a critical view of the present, developing an intellectual path whose progression —far from being lineal—, often gives the impression of going back to a former pha- se. All in all, his style is clear, coherent, and communicative. Nevertheless, his choice of style is also deliberate and coherent with the content of his thought, as it reflects the effort to reach the greatest number of readers possible and to instil political participation and cultivate a critical attitude. Numerous lectures in both the academic and the public domain also bear witness to his vocation as teacher and to his proximity with his public and readers. Books, journals, and newspaper articles were his preferred means of expression. This has important implications. As Eamonn Rodgers argues, Censorship during Francoism was typically hars- her on those forms of expression which reached the wider public, press and cinema in particular Consequently, some dissidence was tolerated, counting on the assumption that high- brow publications would enjoy little distribution and an even sma- ller readership, and hence the perceived threat to the regime was considered to be negligible. Nevertheless, he continued to have a wide readership and to publish prolifically in Spain. This is no coincidence, as Aranguren himself was aware of the political role of newspapers, which confirms the intentionality of his contributions , 5: Except for some smaller contributions to the debate on religion during his role as priest, no literary work of his own is produced until after the end of the re- gime and, even then, the quantity remains modest. This probably accounts for the fact that, despite his importance as an influential intellectual and as a socialite, there are hardly any materials analy- sing his intellectual contributions. His status as a priest, however, provided him with certain privileges, whose boundaries he pushed on numerous occasions and in various inventive ways, as exemplified in this anecdote recounted by Fernando F. Thus, he took upon himself the task of the dissemination of culture, which he carried out extensively while working at Taurus, a publishing house located in Madrid There, his progressiveness became evident, first, when he was a religious editor, later, when he took charge of the series Cuadernos Taurus and, even more so, when, in the end, he became editor-in-chief. The apparent paradox of the failure of Francoist cultural hegemony in the face of its continuous hold on power until the natural death of the dictator is succinctly explained by Castellet: This was particularly patent during the final years of the regime, which were marked by the tension between what Spain was and what it aspired to be. As a result of the Second Vatican Council , the Church underwent a profound transfor- mation. The Church became increasingly interested in distancing itself from the position and from the actions that it had taken in earlier years. This process crucially involved a general political amnesty and a silent agreement for political amnesia widely known as Pacto del Olvido and Pacto de Silencio respectively. The culmination of this process can be observed in the advent of democracy and the Constitution of An example can be found in the composition of the government; there were rapid political changes, but also some —perhaps disorienting— continuity, as is the case with a number of Ministers and the King himself who, despite having served under Franco, soon adapted to —many even promoted— the democratic framework. In addition to these political changes, the advent of demo- cracy and the new freedom it offered also meant rapid moral chan- ges, both within and outside the realm of religion. Consequently, a moral crisis —or an intensification of an already existing moral crisis— ensued. Although, as the victor of the Spanish Civil War, the regime did its best to impose its view of a united and homo- geneous Spain legitimised by the Francoist victory and by National Catholicism. This revolution was not without disorientation or confusion, for the rapid changes that took place during the apertura years of the regime brought about a moral crisis, perhaps individual in nature, although of social proportions, since these newly acqui- red values conflicted with those defended by the regime. There was disorientation and there was also disillusionment. Aranguren was well-aware of this process and of its moral repercussions which was one of the reasons why he took upon himself the task of the moralist, embodied in the figure of the intellectual. From this platform, always with a conciliatory agenda, he acted as a critic of society, while emphasizing the value of education, particularly education for communication and political education. The end of the regime resulted in a proliferation of articles, books, and films, which lead to the cultural explosion of the s. Estudio so- bre su vida, obra y pensamiento This presence in the press means that Aguirre established a close relationship with the public; his name, his contributions, and opinions became familiar, expected. opio dos intelectuais pdf Nevertheless, despite his cultivation of the journalistic genre and, in contrast with Aranguren, his language is often obscure; its goal is to demand the engagement from the willing reader who, through this exercise, would develop a critical ability and practice independent thinking, which is hoped it could be extrapolated to other contexts. After becoming Duke of Alba through his marriage with Caye- tana Fitz-James Stuart, Duchess of Alba, in , Aguirre continued to devote most of his live to the endeavour of cultural dissemina- tion, be it by means of his direct involvement in the promotion of the arts, as he became a member of several prestigious academies during the s, such as the Royal Spanish Academy of Langua- ge and the Royal Academy of Fine Arts, or be it by means of his publications. In , Aguirre published Casi ayer noche, the first of several short semi-autobiographical essays and even a collec- tion of poems, which are interspersed with cultural commentary. The borderlines between genres, as between disciplines, become blurred, conferring his expression a sense of fluidity on the one hand, and a sense of confusion and disorientation on the other. Despite being a charismatic and influential public figure in Spain during this time, and despite having produced a variety of publications, Aguirre has never been received scholarly attention as a thinker of his own right before. Several reasons may account for this: In addition, both of them participated directly in the process of informing and shaping public opinion through their journalistic endeavours. This is the case with Aranguren, since there are indica- tions to conclude that in the early stages of his career, his choice of subject matter was influenced by his awareness of the restrictions placed upon public expression by the regime. Similarly, the expan- sion of his focus of interest and of his media of publication —from books to newspapers and even television appearances— as well as the increasingly critical tone of his work is linked, on the one hand, to his extended stays in the United States where he was not subjected to this type of censorship and, on the other, to the the Press Law and to the abolition of censorship which followed the end of the dictatorship. The impact of censorship on the work of Aguirre is even more apparent. Aguirre practically limits his pu- blications during the regime to translations and editions and these are mostly of a religious nature until the mid-sixties. It is not until the Transition —when state censorship has been abolished— that he starts writing and publishing his own manuscripts. All in all, although it is true that Aranguren and Aguirre have been well-known public figures, their thought tends to be unders- tood and interpreted within the co-ordinates of the historical mo- ment they shared and, to a certain extent, shaped, that is, their reaction towards the Francoist regime and their position during the Spanish Transition. Although their thought undoubtedly bears the influence of their socio-cultural and political context, what I would like to suggest here is that there is an important subversive element in their work which, although concerned with their his- torical circumstances, aims to transcend them in order to address the issue of rationality itself. Against instrumental reason unveils evidence of the existence of a current of Critical Theory in Spain, which has typically been considered inexistent. Providing this evi- dence shall be the focus of the following chapters. Throughout this article, Aranguren provides a review of their thought and, in that process, the admiration that he feels for the Frankfurt School be- comes apparent. If you do not receive an email within 10 minutes, your email address may not be registered, and you may need to create a new Wiley Online Library account. If the address matches an existing account you will receive an email with instructions to retrieve your username. First published: June Tools Request permission Export citation Add to favorites Track citation. Share Give access Share full text access. Share full text access. Please review our Terms and Conditions of Use and check box below to share full-text version of article. Abstract S ummary. Citing Literature Number of times cited according to CrossRef: Volume 37 , Issue 2 June Pages Related Information. Email or Customer ID. Forgot password? Old Password. TILLIE from Hawaii GMAT VERBAL REVIEW PDF PHOTOGRAPHY MANUAL PDF OCR PDF WORD MAKE ELECTRONICS 2ND EDITION PDF HARDWARE AND NETWORKING BOOKS PDF CAN YOU PDF FILES ONTO KINDLE IMPRONTE DEGLI DEI PDF FALLING UP SHEL SILVERSTEIN PDF	cc/2019-30/en_head_0030.json.gz/line170
__label__wiki	0.820992	0.820992	The Sunday Listens: Ladies of the Canyon, Joni, Joan and Judy April 17, 2016 by Molly Zackary in Sunday Listens Joni Mitchell is one of those musicians who've been around so long you almost assume you know what they're about. How many times have you heard "Big Yellow Taxi"? I'm approaching several hundred if I count the times it's been playing in the grocery store while I shop. Yet, she's also a prolific and varied artist. Joni gets mentioned in passing by friends every so often and each time, a different album is cited as influential. Counting only studio albums, she's written and released 19, ranging from the quintessential sound of the 1960's folk revival to visionary jazz interpretations. It's the early Joni Mitchell that I assumed I had already heard and understood, but in reality, I used to get her confused with Joan and Judy. Baez and Collins, that is. All three women wrote meandering, soprano folk tunes with deep messages and lovely finger-picking techniques. All three were a part of an artistic scene, and that's what I want to talk about today: the era that united these voices as well as the aspects that make these individual voices distinct. Joni Mitchell bought a home in Laurel Canyon, outside of L.A., in the 60's and immediately began hosting get-togethers for her musician and artist friends. Creativity flowed and in turn continued to inspire itself. Sometimes referred to as the "Queen of Laurel Canyon" she hosted the likes of Crosby, Stills and Nash; The Byrds; The Mamas and the Papas; The Doors; and Judy Collins. Perhaps in tribute to this vibrant time, her third studio album, "Ladies of the Canyon", was released in 1970. It includes her best known hit - the one about painting paradise and putting up a parking lot - but I like the title track especially well. It tells the story of a young woman that fits nicely into our nostalgic ideas of the time. It also demonstrates Joni's unique guitar style and something else she is known for - playing in strange tunings, so that her chords can't quite be pinned down. Her young voice demonstrates light, airy high notes that seem to float above the song and exist in the periphery, yet equally command attention. It is the sound that made her name a household one, and securely positions her in the early 1970's cannon. On the opposite coast, Joan Baez was becoming known as a part of the Greenwich Village scene, along with another person you may have heard of, Bob Dylan. Joan was a skilled guitar player and had a knack for sensitive covers of her contemporaries' tunes. She also wrote songs that tended to tell stories begging for social justice. Joan was bilingual, having learned Spanish from her Mexican father as a child and in 1974 she released an album of exclusively Spanish tunes, "Gracias a la Vida". It is a diverse offering including darker, deeper songs, with light-hearted traditional songs, such as "De Colores". True to the title, she brings much color to her rendition. This album is one of my go-tos when I need a pick-me-up. It was risky to expose oneself as mixed race at the time. She was advised by industry people that such a move could cost her fans, but she believed that being honest about her identity was itself a way of fighting for social justice. In her original tune, "Las Madres Cansadas", she addresses the mistreatment of migrant farm workers - a song that reverberates equally in 2016.. Her voice is distinctively resonant and strong and her vibrato is unrestrained, giving the effect of deep emotional connection. Even if you don't speak Spanish yourself, the message is made clear. Judy Collins was raised in Denver, which makes her a bit of a hometown favorite. In fact, she donated her childhood piano to Swallow Hill, where it sits in a place of honor in the cafe. It feels like a celebrity connection to say that I've played it many times. It's a great piano, by the way. She's an appropriate finale to this blog entry, because her migration through the folk revival scenes brings the other artists together. She first made a name for herself in Denver and Boulder, but soon moved to east coast and settled in Greenwich Village. Her friendship with Joni, which continues to this day, brought her out to Laurel Canyon frequently. Judy still tours extensively. I had the opportunity to see her perform at the Ellie Caulkins Opera House in 2010. She is a captivating performer. She has collaborated with musicians as varied as Randy Newman, Chrissy Hynde and David Grisman. She is an extraordinarily talented pianist and guitarist, but I also think of her as a musician who has worked hard in the industry for over 50 years. How many people can say that? I thought it fitting to choose this song, "So Early, Early in the Spring". Who do you like - Joni, Joan or Judy? What are your favorite songs? Let me know in the comments below! April 17, 2016 /Molly Zackary joni mitchell, joan baez, judy collins, ladies of the canyon, laurel canyon, 60's folk revival, 70's folk revival, gracias a la vida Sunday Listens	cc/2019-30/en_head_0030.json.gz/line172
__label__wiki	0.651528	0.651528	RESIDENCY DATES : Jan 4th 2017 to Jan 12th 2017 \| May 17th 2017 to May 28th 2017 FROM : USA Stephen Vitiello's solo exhibitions include All Those Vanished Engines, MASS MoCA, North Adams, MA (2011-2016); A Bell For Every Minute, The High Line, NYC (2010-2011); More Songs About Buildings and Bells, Museum 52, New York (2011); and Stephen Vitiello, The Project, New York (2006). He has participated in such group exhibitions as Soundings: A Contemporary Score, Museum of Modern Art, NY (2013); Sound Objects: Leah Beeferman and Stephen Vitiello, Fridman Gallery, New York (2014); September 11, PS 1/MoMA, LIC, NY (2011-2012); the 15th Biennale of Sydney, Australia (2006); Yanomami: Spirit of the Forest at the Cartier Foundation, Paris; and the 2002 Biennial Exhibition, Whitney Museum of American Art, New York (2002). Vitiello has performed nationally and internationally, at locations such as the Tate Modern, London; the San Francisco Electronic Music Festival; The Kitchen, New York; and the Cartier Foundation, Paris. In 2011, ABC-TV, Australia produced the documentary Stephen Vitiello: Listening With Intent. Awards include Creative Capital (2006) and a Guggenheim Fellowship (2011-2012). Vitiello is a professor of Kinetic Imaging at Virginia Commonwealth University. He lives and works in Richmond, Virginia. “Electronic musician and sound artist Stephen Vitiello transforms incidental atmospheric noises into mesmerizing soundscapes that alter our perception of the surrounding environment. He has composed music for independent films, experimental video projects and art installations, collaborating with such artists as Nam June Paik, Tony Oursler and Dara Birnbaum. In 1999 he was awarded a studio for six months on the 91st floor of the World Trade Center’s Tower One, where he recorded the cracking noises of the building swaying under the stress of the winds after Hurricane Floyd. As an installation artist, he is particularly interested in the physical aspect of sound and its potential to define the form and atmosphere of a spatial environment.” SHOWED FROM JULY 21, 2017 - NOVEMBER 5, 2017 \| Now Hear This! An Exercise in Listening Taking Sound Cues from Wings	cc/2019-30/en_head_0030.json.gz/line173
__label__wiki	0.690928	0.690928	Eudlo Roll of HonourPrint Page Photographs supplied by Clive Plater A wooden honour roll commemorates those from the district who served in World War One. The roll was originally unveiled in 1917. A very successful gathering took place in the Eudlo hall on October 26th on the occasion of unveiling our honour board. The board is a splendid piece of workmanship by Messrs. Adams and Harman (fruitgrowers in this district) who have generously donated the board for the Eudlo rate payers and progress association. The board is made of red cedar. It contains the names of 29 lads who have answered the country's call, five of whom have paid the supreme sacrifice. Long before 8 pm. every inch of seating accommodation had been filled, in spite of ihe fact that the committee, acting on a suggestion from Mr. H. T. Blanch, had several boards removed from the front of the hall, and had erected a platform giving extra seating accomodation to 30 or 40 people. During the proceedings Mr. Jas. Forsyth M.L.A. in a stirring address spoke of the splendid work being done by the boys at the front, and of the cause for which Great Britain and her allies were fighting. In closing his remarks, Mr. Forsyth, called upon Mr Snell and Mr. Harris (both father of fallen boys), to unveil the board while every one in the packed hall rose and joined in singing the National Anthem. Chronicle and North Coast Advertiser (Qld), 5th October 1917. Rosebed Street, Eudlo Community Hall, Eudlo, 4554 Monument Manufacturer: Messrs. Adams & Harman http://www.qldwarmemorials.com.au/P… Friday 26th October, 1917 Roll of Honour. Egypt Gallipoli France Source: MA,QWMR	cc/2019-30/en_head_0030.json.gz/line174
__label__wiki	0.674017	0.674017	Alain Ronay's account of Jim's passing - what Alain knows? (english) Jim and I - Friends Until Death: by Alain Ronay Anything and everything has been written about the tragic end of the Doors' leader. But what really happened on July 3rd twenty years ago, no one has ever told. This is because Alain Ronay, Jim's photographer friend who was the first to find the rock star in his apartment where he lay in the bathtub without breathing, had always kept quiet. Now, to defend Morrison's memory, Ronay speaks out. He tells King all the details of that day, from the strange behavior of Pamela, Jim's girlfriend, to the doctors' incompetence, to the superficiality of the police in trying to hide the news of his death. He also remembers the happy days spent with Jim in Paris, the anguish of the singer poet, his desire to detoxify from alcohol and keep himself away from heroin. A Frenchman and naturalized American, Alain met Jim in California in 1964. Since then they became close friends. Friday, July 2, 1971: Jim and I were taking a walk in the Marais Quarter in Paris. The historic district served ony as a backdrop for our discussions which ranged from the Yoga teacher's visit (Jim had asked me to be an interpreter for them - the topic of their discussion: man as a tightrope walker heading towards death) to analyzing Nietzche's opinions on suicide. Jim was obsessed by death. Everyone knew this, but rarely did he bring up this topic with me. That morning his words went back to that subject many times. I succeeded in tearing him away from his deark thoughts with Oscar Wilde. Although neither of us had been particularly interested in him, Oscar seemed to lift our spirits considerably. A month earlier, when Jim and Pamela (Pamela Courson, Morrison's companion, editor's note) came to visit me in London, I reserved a room for them at the Cadogan Hotel near Sloane Square. I told them this was the place where Wilde was arrested. While we were walking a connection clicked in my mind: in Paris Jim and Pam stayed in what they snobbishly called the Hotel. “But, do you realize that Oscar Wilde lived here too? I said thoughtlessly. There's even a plaque here near the door. I'm sure of it. Didn't you see it?” Jim didn't answer, so I added, “Watch out you don't follow too closely in his footsteps - you could end up like him.” My words remained hanging in the air. Jim continued not to answer. What could he say? My ideas were completely out of place and I felt stupid. Fortunately, a half empty store that faced a very narrow street allowed us to change the subject. A hand-painted sign informed us that we were at the Voix d'Orphee, but what this was really all about was not very clear to us. Even if Orpheus' Voice didn't mean much to me, it seemed however to interest Jim who insisted that I ask in French what went on in there. His mood soared when I told him it was a recording studio. “Hey - It's almost a good omen, isn't it? I can finish my poetry record righthere - that's exactly what I'm going to do. I've no intention of leaving Paris. I'm happy here. I should get back to the tapes of my poetry that I left at Village Recorders -I bet the bootleggers have already pounced on them, and maybe they're not fit for release-” The stately houses and historic monuments disappeared when we got to Rue des Rosieres, a very colorful street full of little stores run by the most varied ethnic groups. While Jim was buying a pendant for Pam, I noticed for the first time that he tried to appear happy while I had the distrinct sensation that he wasn't happy at all. There was an indefinable anxiety in his gestures. I knew him too well. There was something abnormal and wrong with his behavior. Something incredible because Jim Morrison never begged anybody. He said nothing. He tried to take his time, to find excuses for me to stay with him. He was desperate. This, I saw clearly. But why? I didn't ask. He would never have explained it. In the past Jim was always successful in keeping his states of anxiety under control, even though I was usually able to pick up on them. However, towards noon there was no longer any need to guess. He was not making any effort to camouflage his strong agitation: he was shaken by a series of very powerful hiccups. We ate in a restaurant specializing in Alsatian food. The fin de siecle decorations exploded in arabesques and art nouveau convolutions. Later in the afternoon we discovered a purveyor of cinematographic rarities, among which were some of Fritz Lang's films. We stopped in front of the shoemaker's where Jim had brought his new boots to be made wider. They weren't ready yet. Every once in awhile the hiccups returned to violently shake Jim's body. Apart from this his agitation grew worse. His nerves were visibly shaking and the reason for this was still unknown to me. The state of his emotional upheaval reached its peak at his apartment at about 5:30 PM when I had to leave to meet Agnes Varda. “Don't go away” - he implored me. There was something abnormal and wrong in all this. Jim never implored, it wasn't in his makeup. Then he tried to take his time and his tactics were obvious but foreign to his personality. As far as cheering you up and lifting your spirits he is the cleverest person I have ever known. He was desperate. But why? I never asked him because I knew he would never tell me. First of all he wanted me to read the opening article of Newsweek at all costs. He seemed very serious in asking me to do this but I was already on my way out and I didn't even look at the magazine cover. It took about half an hour before I managed to walk down the stairs and leave. Jim still tried to keep me with the pretext of a telegram he was supposed to send from the post office a few blocks away. He wanted me to help him with the French. Fortunately, a post office strke helped me in trying to get away, but Jim asked me if he could at least come outside with me. Opposite a cafe- in Place de la Bastille, Jim made his last appeal, - “Come on Alain, stay- Stay at least for a short beer with me, what do you say? Don't leave-stay with me. Do it for an old friend.” - Hiccups continually interrupted his pleading. The show of this sudden and unexplainable change confused and upset me, above all when compared to Jim's behavior during the month just past which he spent with Pam. In that brief period he was happy, calm and free. Paris was good for him. He had gotten rid of the damage produced by fame and had found himself again. He wrote all the time, he went around town and about his business without being recognized and he had almost stopped drinking. He didn't take drugs yet. Pam's habit hadn't yet gotten to him. She led her own independent life in Paris and did not live with him. Therefore, with a few exceptions, Jim and I spent almost the whole month of June alone together. Our days were tranquil and were probably the best we shared. Jim's repeated invitations to join him in Paris to relive "the good old days"- implied that he fully intended to bury the rock star in him. The promise was kept. The purpose of the Paris vacation was to detoxify Jim of alcohol and for him to forget the anguish that his fame as a rock star had caused. In June of l971 Jim was very creative. He spent a lot of time writing poetry. We went into a cafe on Place de la Bastille. We ordered and I asked the waiter to hurry. Jim suddenly closed his eyes while new waves of hiccups went through him. He was thoroughly concentrated in his efforts to get rid of them. When I looked at him I had the clear sensation that his face had assumed the aspect of a death mask. The feeling disappeared when Jim opened his eyes again. He scrutinized me, and as if waiting for me to lie he asked, "What did you see?" "Nothing Jim, nothing." While we were ordering another round of beers, I realized that I really had to leave and I said to him, "Forgive me but I really have to go." I rushed out and stopped next to the nearby subway entrance. I turned round to see him one more time. He was in profile and suddenly, as if he felt me looking at him, he turned and stared at me. All this lasted only a few seconds. Then I dashed down the stairs. Agnes cast an impatient glance at me over the desk at which she was seated and repeated, "And so it seemed to you to have seen a dead man's face." "Not a face," I corrected her, "what I saw was a death mask." Agnes was busy looking, however superficially, for a letter in her file. I needed to see her eyes which were hidden behind her black bangs. I wanted to find out if she was indifferent, skeptical or if she was making light of the whole issue to calm me down. "Should I go on?" I asked. "Of course," she answered impatiently, keeping her hand in the filing cabinet as if it were a bookmark and staring at me. "What do you mean by mask?" she asked. "I mean the type of make-up that is applied to people after they're deceased. Jim had one of these in his book on Francis Bacon. It was a picture of William Blake's face. He had that book when we were students and lived in my house years ago." "Now I understand, that's curious" "Curious - you could say something better than that - Looking at it made me ill." "I see that this has really made an impression on you." "Jim knew that you and I were supposed to have dinner together, but he continued to insist that I join him at the movies where I sent Pam and him to see Mitchum's film." Agnes gave me an encouraging smile and said, "If you want, we could do without going to the Vietnamese restaurant - Go with them. Anyway, I'm tired and I have to go over the text of Tango." "Don't even mention such a thing. I don't want to go back. Let's go and eat the Seven Spices or whatever the devil they call it." Agnes closed the shutters, turned off all the lights and the TV. Then she asked me almost incidentally, "Did he get rid of the hiccups?" "What? No-not at all." Early the next morning, (I was finally resting after a night of insomnia), I got up with a start with the sensation that a telephone was ringing. Since I was a guest I never answered. But I wasn't completely sure that it was the telephone in the wing of the apartment where Agnes slept that was ringing. I hurried across the entrance to the living room where the other telephone was. The line was free. A Calder mobile swung silently above my head while I looked around to find a clock. Light was coming in from the garden. It must have been about 6AM and I went back to bed with tense nerves wondering if the telephone really had rung. When I had awakened for the second time, I was sure I heard the telephone ring. Outside the typical sounds of the market day coud be heard. I heard the thump of the mail that fell through the mail slot in the door. This meant it was 8AM. The mail always arrived punctually. I got to the phone in time to say "Hello"- and hear the Yoga teacher, Monique Godard, excuse herself for calling so early in the morning. She was a nervous woman, smoked like a chimney, always wore very short skirts and was tall and stylish enough to be a model. Everything about her contradicted my knowledge of Yoga. Her ability as a healer had earned her an incredible reputation among her illustrious clients, the most exalted minds of Paris. She had great influence on them and although I entertained serious doubts as to her powers, I had contacted her hoping she would accept Pam as her patient. Nothing that could help Pam could be done soon enough. "I'm leaving town and I won't be back before you return to California," she explained. "If your friend needs my help he must first see a doctor. I want him to have a check-up. You can tell him that. Does he have a history of drugs? Does he have circulatory problems? I must know this." "But I didn't get in touch with you for Jim's sake." I reminded her. It's for Pam. I thought I made that clear. "Weren't you aware of this the other day when we were in their apartment? God, she was in bad shape." "Who, her? I would never take her, never. But as far as your friend is concerned, I want him to see a doctor immediately. I feel these things. It could even be too late. Well, I've got to go." "Wait- Are you hiding something from me? What-yes, well-all right, all right." "By any chance did you also call before? No? I thought it might have been you. Do you have to hang up?" "Please wait - then you will look after Jim - take care of him. I won't be here and I've been worried about him since yesterday. Yes. Thank you." "Have a good trip." This call upset me. I didn't know what to do. I was short on ideas. A few minutes later the phone rang again. It was Pam. She usually spoke in a soft tone of voice, but this time there was a note of fear. "Can you speak a little louder?"- I shouted into the phone as if I too had the same tone. "Jim's unconscious and bleeding. Call an ambulance. You know I don't speak French. Hurry up." - Pam was sobbing. Then, she added, "I think he's dying." I ran across the garden to the wing where Agnes was and knocked repeatedly at the door. She imediatey awakened. I didn't know how to use the complicated Parisian phone system and I asked her to do it for me. Agnes grabbed her orange telephone while saying to me, "I don't know Jim's address. Write it on this paper - I'll take you there, meanwhile, leave a message for the maid and Bernardo. Write that I had to go out on an emergency." "Why are you dialing the number over and over again? What's going on?" "Be calm. We're not in the United States here. It takes time. Bring your passport along, you'll need it." I told Agnes not to give Jim's name, only the apartment number and I ran back across the garden to my room. When I returned Agnes was putting on a long madras dress over her nightgown while she talked on the phone, "She is American .. She doesn't speak French. Send someone who speaks English - third floor, the door on the right." In my mind I was already on the way. I was trembling and peeing in my pants out of fright. Pam had always had a penchant for drama, but I felt that this time it would be different. Traffic was at a standstill near the Ile de la Cite, where some students were demonstrating. They took advantage of the situation by trying to explain their reasons for the protest to the motorists. I tried to close the car window in the face of flyers they were trying to stuff into the car, but Agnes talked me out of it saying that it was getting unbearably hot. Then Agnes managed to find a space between two buses that she could pass through with her old Volkswagen and in a flash we arrived on the Right Bank. She passed all the cars along the way weaving through the traffic, losing time only in the little one way streets around the Bastille. I wasn't able to hold myself back from asking her, "In your opinion can there be a scientific basis to the fact that persistent hiccups are a sign of imminent death?" "Where did you hear that?" "My father told it to me when he got them in the hospital." "It's not true. Don't worry." "Well he died a few hours later and I never found out if it was a coincidence or not. I didn't even think of it yesterday. Damn, it only I had." We saw the ambulance in front of the building and passersby were coming from other crowded streets to follow the unfolding drama. An official held back the crowd and escorted us to the front entrance. "Is he all right?" I asked. "You must inquire upstairs. I'll take you there now." he answered when Agnes was already on the stairs. The standersby were pushed back and had formed a human barrier on the landing. I questioned their faces to discover if there were any news, but I saw nothing. I had a flashback: While I was coming up to the landing, just last week, Jim let a bundle of firewood fall (we had just bought wood for the fireplace). He was winded and couldn't get his breath back. He complained staying that he needed the firewood to keep warm, in June. "But do you feel OK?" I asked him. "Look at me, I'm ten years older than you and not exactly in such terrific shape, but I'm not winded either." The third floor door was flung wide open. I saw Pam standing all alone at the end of the entrance corridor, but I couldn't see too well because of a group of officials standing in the way. They moved out of the way when I tried to reach Pam who told me that Jim was dead. "My Jim is dead, Alain, he left us, he's dead." She added, "I want to be alone now, please leave me alone." I didn't know where to go, so I waited for her to make the first move. She did so by going into the kitchen and leaving me in the foyer to realize what she had just told me. I felt and thought nothing. A moment of impasse. Stunned as if boredom had assaulted me, I looked around trying to concentrate on something else. My glance fell on Jim's boots which were standing erect in the other room. The right boot was slightly ahead of the left as in walking. I felt as if I had entered a state of deja-vu made possible by years of rehearsing the same script, a gift of Jim Morrison, rock singer, dramatic actor-friend. Thanks for having prepared me to all this, Jim. It's really been a great help. Fuck you, Jim. Agnes was at the entrance asking the official in charge if he was really sure that Jim was dead. He very courteously replied that they were unable to do anything for him since they had arrived at least an hour too late. I saw Pam go into his room and didn't trust leaving her alone so I asked Agnes to stay with her. "Do you know where her clothes are? She's all wet", Agnes asked me a few minutes later. I showed her the closet near the entrance close to where an official was standing. When she moved towards the other people I whispered to her, "Don't tell them who you are or who Jim was. Let me do the talking. If they discover you're a director they could get suspicious. We must let Jim pass for a normal American citizen." "But do you seriously think they'll know who I am? Believe me, they don't have any idea my films exist." "You were on TV recently. Agnes Varda is about to become a very familiar name to everyone." "Don't exaggerate." Agnes concluded going back toward Pam's room. I heard that they defined me as an American friend of his, in the living-room and I drew close in order to eavesdrop. There was a newly arrived police inspector who had come to find out how Jim was found in the bathtub. He was coming close to the bedroom. I promised myself not to listen to anymore details in an effort to eliminate all information that would have made that death more real. "The condominium's concierge told me that you have lived here for over a month and that you too are American." the inspector told me right away. "I moved a few days ago to stay with another person." "How come you speak French so well?" he asked suspiciously. "Because I was born in Paris, but I am a naturalized American citizen. Can we get this over with soon? I'm a little upset and I would like to." "Give me your particulars, those of your friend, and also of his girl friend - nationality, occupation - I would like to find out if he was using drugs. He would find this out anyway when the medical examiner arrives." He turned and asked the paramedic to fill out a complete report. The pause gave me time for an idea: Inverting Jim's two names would have momentarily taken them off the track. For the moment it was all I was able to do. "My friend's name was Douglas James Morrison. He was American and a poet.." I waited until he had finished writing, then I added, "He was an alcoholic but he didn't use drugs." Even if Jim's death were to have been described by the medical examiner as that of a young American found dead in his bathtub, the newspapers would have reported the item anyway. And even if Jim's names had not been reversed, there would have been readers astute enough to decipher the true identity of the deceased in question. His presence in Paris was no secret and this touch of deceitfulness was on the lowest level. "Usually poets don't have a luxurious life-style, monsieur," the inspector observed. "How could he afford and apartment like this?" "You see, he was a poet, but he had many business ventures." "Come on now, Victor Hugo was hardly born with a white beard and Rimbaud didn't have one when he died." I exclaimed. "Can we stop for a moment, all of this is making me feel ill-I would like to join my friends for a moment." "That's all for now," he assured me, "and if the district medical examiner makes a satisfactory report, we will be able to issue a death certificate and a burial permit. Otherwise other doctors will be called in to work on the case." "How many others?" "Many." The sign on Jim's door read, "I'm sleeping don't disturb" in Arabic and French. My glance lingered interminably on the door handle, before I decided to give it a half turn to open the door. I didn't want to see Jim dead. The last time, when I saw him at the cafe - that's the way I wanted to remember him. (So that's the way everything has to end. What a squalid ending.) Unexpectedly, the last of the policemen left the room where Jim was, leaving the door open. From my line of vision I was able to see his foot well. This last sad sight, framed by the doorway, replaced the memory of the cafe. Pam stayed beside me and held my arm. She wore a white djelaba, a souvenir from their last trip to Morocco, that gave her a ghost like look. "Did you give them Jim's real name?" I asked her. "No, and how could I have?" "I just gave Jim's name backwards. I mean I put Douglas first, then James. It could put them off the track for a while. Now hurry up and tell me how he died. We won't be alone much longer." Methodically tearing the silk threads from the embroidery on her sleeve, Pam began to tell the story. "The other night we can home right after the movie. When we arrived we immediately begain to sniff heroin and Jim began to play his songs. He played all of them, one after another, even The End. Then we went to bed. Jim asked me to give him some more stuff, that's how it happened that he took much more than me, especially since he'd taken some on his own during the day. We also did a little on the night before." "Who had it - you, Pamela?," Agnes asked. "Of course, I'm the one who keeps it." Pam said these words in an unexpected singing tone, reaching almost falsetto, only to become normal when she turned to me and said, "Alain, you haven't seen him yet. My Jim is so beautiful-go, go and see-Go." "And then what happened?" I asked, ignoring her suggestion. "We fell asleep. I didn't know what time it was when Jim's heavy breathing woke me up. He was still asleep, but the poor guy had problems in breathing. I tried to wake him up but he didn't react. I panicked and began to cry and hit him. I hit him hard once, twice, three times- nothing happened. I slapped him a couple of times. Then, he came to, but he didn't seem much like himself. I was very tired but just the same I was successful in dragging him to the bathtub." The whistle of the teakettle gave Agnes a momentary pause to run out only to return a few minutes later with a glass and a spoon for Pam. "It's hot cammomile tea. It will do you good." I watched Pam sip slowly before asking her, "By the way, who opened the bathtub faucet?" "I don't remember. I woke up later in a cold sweat. Jim was not in bed with me. I found him in the bathtub, unconscious. Blood was running down his face, then he had those red marks on the right side of his chest. Suddenly, he began to vomit into the tub. Then, I ran to the kitchen to look for a basin. I went back to him and in the basin I saw little pieces of pineapple that we had for dinner and then blood. I had to empty and wash the basin three times. The third time I noticed a bloodclot. I was so tired and he told me he felt better or something like that, so I went back to bed and fell asleep again." "What can you tell me?", the medical examiner asked me. "That he didn't even smoke marijuana, not even in LA where joints are as common as cigarettes. And it's only last night that"- I suddenly stopped talking. My nerves were shattered. I couldn't even think. "I'm sorry." the doctor informed me, "I can't sign the certificate for natural death." Agnes reached out to caress her hand and told her that the paramedics had said that Jim had been dead at least an hour before they got there. Pam didn't answer. She tore yet a few more silk threads from her sleeve and returned to telling the story, "He had such a serene expression. His head was slightly reclining and the water came up to his chest, up to here - he was smiling a little. If it hadn't been for all that blood, he...." "You know that bleeding to death is completely painless." Agnes interrupted her. "He couldn't know what was happening to him." At that point the telephone rang. But, before Pam grabbed it, Agnes warned her that it could be tapped. Therefore, all our conversations had to be from a public phone. I wondered if it could be the young count with whom Pam had run away at the beginning of the year, leaving Jim in Los Angeles. Pam had never named him directly while I lived with them. Every time she saw her Parisian friends, Jim and I withdrew to the most remote corners of the house until they all left. We never spoke about it and little by little I became convinced that Jim really didn't care. His attitude was also consistent with his advice to me: he told me not to worry if Pam threatened to commit suicide. Looking back at the whole thing made me shudder. He made a deliberate effort to get away from her and vaguely, paraphrasing a line that he used in one of his concerts, he said, "There are only two choices you can make: each of us had made it. You and I are on the side of life, she is on the side of death. Neither you nor I can do anything about it. Don't worry about her." "But Pam has threatened to fill the house up to the ceiling with heroin-the Marseille affair. Did she really do it? Where could she get the money -from the count? Tell me." "I told you to fucking forget about it. Enough. I make it." After buying cigarettes I went back, making my way through the crowd picking up words like "death" and "young" and a word with which the Parisians label their xenophobia, "etranger", which means foreigner. But I didn't hear Jim's name, nor his profession. For the moment the secret had been kept and the need for it to remain so increased when I looked at the greedy faces of the crowd waiting for some cheap thrills. Going back toward the apartment, I saw two youths whose faces were vaguely familiar to me. Their tailors deserved to be spanked. I didn't like them from the very beginning. I didn't like anyone who never threw rocks at the police in '68, and they were exactly the type that didn't. I had hardly closed the door behind me when the two guys rang the bell. The tall one introduced himself as Jean, the short one as Jean-Louis. They asked for Pam. I explained to them that Pam couldn't see anyone and I advised calling her the next day. "Look, she was the one who called me." Jean said aggressively. "I know everything. I really do." My silence was accompanied by some piano exercises. The notes came from the courtyard. I felt as if I were on stage in a play, exactly at the moment when the booing makes them bring the curtain down in a hurry. Agnes appeared stormily as deus ex machina. As his opening line Jean immediately said, "I lived with Pam for six months." "All right, but now you must leave." Agnes answered back with the speed and precision that had earned her legendary reputation from the Venice Film Festival to the stage at Venice, California. She would have thrown them out right away if Pam hadn't intervened by calling Jean, telling him to come in. Pam and Jean were sitting on the bed that I had slept on when I lived there. They chatted quietly together. I knocked. "Please go away." I told him nervously. "Don't endanger the situation. You mustn't be here when the medical examiner arrives with the police. Please don't say anything to anyone. Do it for Pam. Terrible trouble could happen." On the landing, Jean told me that he was leaving for Marakesh, where he had a house. He would have arranged everything in case Pam had wanted to join them there. In case it should become necessary he would even make his London apartment available. In exchange, I promised to keep him informed of further developments. "I can't believe she has friends like them." Agnes said shaking her head and closing the door after them. "They're drug dealers." "A count?" "Why not? What do you think? Just because someone's a count should he win a prize for virtue? Tell me, do you believe what Pamela goes around saying? I think that it's a classic case of the drug addict that casts her own companion in the same role." I wasn't able to answer. Pamela had joined us. "Pam, is there any stuff left in the house?" I asked. "No," she immediately protested. "The first thing I did was to flush everything down the toilet. There's nothing left." "Agnes just told me that Jean found a hashish pipe under the carpet in the foyer. If he took it with him we must be very careful." Jim's desk in the other room was wide open until Pam jammed all his papers into it, including a whole bunch of prints of An American Prayer. She locked it ceremoniously and inspected the room, looking for anything that could have something to do with Jim. In her circular movement, her stare cut through me like a laser beam. I realized that she could even have accused me of theft. It would not have been a surprise and considering the stress she was under, who knows what she was capable of doing. I could have considered myself fortunate that she had locked everything up in front of Agnes. Agnes' interest in the whole matter showed no signs of abating, but it would have been compromising for her to stay, and I didn't want her to get involved in all of this. After a few objections, Agnes resolved to leave. She told Pam that she would prepare a bed for her at her house. While Pam was leaving the room, I looked out the window. The crowd was slowly dissipating. I noticed a plaque to Victorien Sardou affixed to the opposite building. Captured by the imaginary rivalry between the playwright and Jim, I wondered if they would hang a plaque for him too. And how would they have defined him? Poet or singer? I would have to go back after a few years to find out - I must stay, I thought. I'm flipping out. "Burn them in the fireplace, quick", Pam told me, rushing into the room and handing me a pack of letters. "We can't. The police would smell the burning. It's the hottest day of the year." Pam set fire to an envelope to light the fireplace and went out immediately afterwards to get more letters. Upon throwing the second batch of letters on the fire, she put it out. At that moment, I noticed that the letters had her handwriting. I wondered what she had written. "Drug stories," Pam said, reading my thoughts, "drugs and me, naturally, but this, this is about Jim and it's better that they don't see it. Here, read it." I took the Los Angeles poice report, two photocopies yellowed with age. Jim was caught on the balcony of the Hyatt Hotel on Sunset Boulevard. Babe Hill was also involved in the matter and the police found some marijuana. "Was the 'stuff' Jim's?" "No, it was Babe's," Pam replied, while she picked up some 8mm film from the floor. "Last night we watched all the rolls of film taken on the trip: Granada, Morocco, Corsica. We also sang the sound track for it. What do you call those songs of Jim's that goes, "run with me" and "let's run" - You know which ones." "I don't remember either ... you didn't tell me what you thought of the film I sent you to see." Pam smiled at the memory and said, "What a rascal. It's really us, the two of us." A few letters that Pam was holding in her hand fell to the ground where they came to life lifted by the breeze from the window. They began to circle around the room. Finally, Pam was successful in finding what she was looking for at my feet. "Do you think they will beieve it, if I tell them that this is my marriage certificate? I don't think they know English." "It won't work. You can see that it's a request to make a marriage contract. The same word exists in French." "We did this in Denver, but we never 'consummated' it," she said, smiling to herself as if sharing an intimate joke. I noticed the book and the magazine that I had left there the day before and I explained that Jim had given me the opening article of Newsweek to read (here copy garbled unable to translate) I asked permission to take them. Pam answered me and began to clumsily leaf through the pages of the magazines, while I happened to (glance) at the cover for the first time. The title Plague of Heroin. What To Do about it. What happened next was.. (garbled) ( Pam went and got a coat, I believe a fur coat and put it on) Alain says "Whose is it?" "It belongs to a friend of mine, the owner of this place. Look, she'll never give back the money that I paid in advance for the rent, therefore...." "Come on Pam, take it off. Put it back. You can't go around confiscating other people's things. I beg you, don't do it. You'll look ridiculous in that in Los Angeles. You're really in trouble here, can you imagine were the police to suspect you of foul play or homicide? Put that fuckin' fur away. Did you hear me?" Pam took off the fur and quietly finished her work of research and destruction. I asked myself for how much longer could I put up with her. The whistling stopped only an instant before the doorbell rang. I guy stood there giving his personal contribution to the speculations of the neighborhood: he had announced himself with the Aria Vissi d'arte from Tosca. The district medical examiner was a stocky man but he wore his clothes in a most elegant style. His black case made introductions unnecessary. The Police Official had a very dry manner and he didn't offer the least bit of sympathy for the situation in which we had found ourselves. He was completely amazed by the fact that the medical examiner had given us permission to leave the house. "Don't think that this is a game," he admonished with a very serious demeanor. "Where's the corpse?" he asked. I pointed out the closed door, "There". He went ahead, stopped and turned impatiently, "Come on, Let's go, You've got to come with me to lay out the body. This is the procedure." "I can't. I've decided not to see my friend dead. I don't want to remember him that way. I beg you, please do it alone." "No," he insisted with authority. Pam joined us. She seemed to be in a trance and her voice had an artificial sound. "This is my very beautiful man, sir," she said introducing him into the bedroom. She seemed so sad. The doctor completed the exam in a few minutes and then returned to the living room. "Madame does not speak French. May I answer eventual questions?" I asked. "Of course. How old was he? Did he take drugs?" "Twenty-seven. No, he absolutely did not take drugs," I replied rapidly. Then I added, "In fact, he didn't even smoke marijuana, not even in Los Angeles where joints are smoked like cigarettes. No, truly. Absolutely out of the question.. In fact it was only yesterday that he..."- I suddenly stopped talking. My nerves were gone. I was losing control. Why had the doctor spent so little time? Was the case already closed? In our favor, or against us? I just couldn't get it together. Suddenly, I began to talk again as if I had been forced, "You should know that my friend was very pale the last time I saw him, a few hours before he died. He had hiccups that wouldn't go away. I wanted to be sure to tell you this. He went to the doctor's a month ago when he was in London and the doctor said..." The doctor made a vigorous gesture with his hand to stop me. "All right, I understand" he exclaimed, handing me an address and an envelope. "Take this to the municipal building of the fourth arrondissement and go to the Civil Register department. They will give you a death certificiate," It was lunchtime when we reached the municipal building and the concierge told us to come back around two o'clock. We went to the closest cafe and ate lunch in silence. I was overcome by a sense of tenderness and my hand reached out to take Pam's. I felt a strong sense of support for her and I kissed her wonderful red hair. She wiped her eyes and gave me a smile that could knock you out. The atmosphere was strongly perplexing. "Pam, I don't know how to tell you this. You are Jim's heir. You have to go on for him. We need you. You've got to take care of yourself. Don't do anything foolish. You know what I'm talking about. You know that I love you. I know it sounds corny, I'm sorry." She looked at me fleetingly with a dazed expression. Then, her eyes suddenly left mine to look up at the clock on the bell tower in front of us. "What time must it be in Los Angeles?" "Almost five in the morning. Why?" "Wait before you call anyone. Wait until everything is done." I said. "I have to call my sister, Judy. I want her to run to the Doors' cutting room to steal the earnings from Friends Party. It's in the Clear Thoughts Building, opposite Electra. You know she's just had a baby and she's poor. I’ll offer her fifty dollars. She'll do it. After all, she's my sister." "But this is obscene, Pam." "Why? She needs money. Monday, during the screening of Jim's film I will go there alone. You can't come." Since it was Saturday, there was only one woman in the civil register department of the municipal building to take care of this work. It didn't take her long to examine the contents of the envelope. The reason was simple: the death certificate due to natural causes had been denied. The clerk made a telephone call and handed me the receiver, "It's the chief. He needs to talk with you, monsieur." "I'm giving you ten minutes to return to the place of the deceased," he told me. He was furious. "Who gave you permission to run around Paris, huh?" "Give us fifteen minutes-the traffic is crazy." I tried to add something but I didn't get an answer. Pam was next to Jim when the police arrived. The chief had no intentions of dismissing the case. His manner was fry and there was not one shred of sympathy for our situation. He was amazed, as was I, that the medical examiner had sent us to the municipal building. The medical examiner of the Arrondissement (really, an area larger than a district) would come to make sense of the situation. After having asked a couple of general questions, the chief had the apartment inspected. I looked at the fireplace and the surrounding floor in order to find eventual traces of Pam's burning spree. With sudden inspiration, I ran out of the room ad asked permission to use the bathroom. Once inside, I made sure that nothing was left, despite Pam's "clean-up operation." There was not even a speck of the stuff. The chief was inspecting the bathtub. I avoided looking at it and stared straight ahead. "We would like to know when to remove the body," I said. How horrible, I thought to myself, thinking of the events of a few days earlier, while I was describing the end of a play to Jim, a play for which he didn't want to stay to see the end. "It was the best part," I told him. "Bob Wilson constructed the set in such a way that the audience had to stand up and go to it in order to see nude actors strewn here and there, pretending to be dead. In the middle was an old style bathtub in which there was somebody impersonating the David painting, the one about the assassination of Marat...What a scary touch, a 'tableau mourant' so to speak." "I don't want to discuss the body now," answered the chief, bringing me back to reality. "Moreover, get out of here, I have to do some important work here. Do you think this is a game?" Even if a rock magazine was to later define Jim's apartment as luxurious, Pam was sitting on the only decent piece of furniture. We remained in silence until the chief joined us to tell us that nothing new had come up, and that if the new doctor were to give the go ahead, we would really be able to have the death certificate and the burial permit. "Monsieur, what do we now do with Jim's body?" I asked very cautiously. "Forget about the body," he said .. "I asked you not to talk to me about it. And, if we have to send it to the police lab for final analysis? The corpse will remain here until further instructions. The only problem will be the heat of the next few days." "The only problem - the next few days - What the hell are you talking about?" I exclaimed, "Listen, you would hardly want to impose cruelty of that kind on madame? No, never." "Tell me what's happening," Pam wanted an answer. "All right, monsieur. Now I've had enough. Please, both of you come with me, now." During the brief trip to the Quartier de l'Arsenal police station, I urged Pam to cry, to abandon herself to hysteria, in short, to do whatever she could to prevent herself from answering, thus contradicting whatever I would have said in French. To our advantage was the fact that she was always in a sate of stress. Even if they had tried to read her expressions, they wouldn't have succeeded.. She knew how to disguise her emotions perfectly well. If only I had been able to do so - The greatest threat was inherent in my face: whatever I was experiencing could be seen immediately. The chief inserted the form in triplicate into the typewriter and prepared to listen to Pam. "May I help you by interpreting?" I asked only too hastily. His answer was terrifying. "That won't be necessary. I understand English. Now, please be calm. Thank you." While I was trying to remember what he could have heard of the dialogue between Pam and me of a little while earlier, (did we say "Jim" by accident?) she was giving some dangerously detailed answers. For the moment, she hadn't yet contradicted my version. But, a certain inconsistency lingered on her whole story, arousing the chief's suspicions, especially in the part where Jim was throwing up in the bathtub. The chief asked, "So, you abandoned Douglas to empty and wash the basin three times?" Bending over and resting his hands on his knees, he continued, "And where did you empty and wash the basin?" There was only one place where she could have done it (strange that she didn't understand that she would have had to go to the toilet that was separated from the bathtub, and moreover quite far). Pam answered, pronouncing the words syllable by syllable. "I used the sink in the bathroom." Surely, my thoughts were travelling in tandem with those of the chief. The bloodclot and pieces of food should have clogged up the drain. Why would she have used the sink? I held my breath. Then, something incredible happened. The chief skipped over her answer and asked me to act as interpreter in order to finish sooner. Everything was going smoothly until Pam described the way she had slapped Jim to wake him up. The vehemence that Pam put into her telling of the story, added to the series of emotions she evoked, make the chief reflect. A siren rang out in the silence, while Pam and I avoided looking at each other. "What relationship did Madame Courson have with the deceased?" "I don't know how to say it in French. She is practially his real wife." "I understand. She was his concubine." "Come on, be serious!" I protested with a bewilderd smile. "Isn't there another way to define her position?" "Did she have sexual relations with the deceased last night? Before he died, obviously." "You have no right to ask that. It sounds rather ambiguous and disgusting, don't you think?" The chief didn't react and I calmed down. So, I asked Pam who answered me, "No." Fortunately, a clerk interrupted the questioning and told us to immediately return to the apartment. The second medical examiner was on his way. Pam, who managed to contain herself all this time, blurted out on the street, "You will no longer speak in a language that I can't understand, all right? You could say anything and I wouldn't understand it. I'm sorry, but how can I understand you? I want to know everything you'll say from now on, every word.." I just had time to say, "You've got to trust me", before bumping into the man who was coming. He was carrying a black leather bag. The new doctor radiated affability. Even his handshake raised my spirits. Once inside, he immediately went toward Jim's room, only to come out just as quickly, just as the other doctor had done. He examined the bathroom and finally joined us in the dining room. He told us that it was rather strange that a young man should die in the bathtub and added that he was in excellent physical condition, just like someone who was used to playing sports. He was completely off the track. Jim was a loner. He had never joined a sports club- he swam rarely. His excellent physical condition probably derived from the fact that often, during his work, he would fall off stages or throw himself off rooves or out of windows that were part of stage sets. Even though Jim had never been vain, this posthumous complement would surely have pleased him. Recently he had lost weight, especially because he had stopped drinking. "Monsieur, what will we do now with Jim's body?" I asked. "Forget about the body, I told you." I told you not to discuss this problem. It's possible that the police have to subject it to analysis. Therefore, the body is to remain in the (bedroom??) (bathtub??), just where it is now." "But, what are you saying," I shouted. "You can't impose that kind of cruelty on madame." I observed this vivid, ruddy complexion and I hurried to say what I had not said before, that Jim liked to drink alcoholic beverages. He immediately reassured me, saying that in France, very many people drink. I told him about Jim's recent experience with doctors: the nighttime call to the doctor from the London hotel because he had breathing problems, the medicines for asthma that were precribed for him by the doctor (even if it hadn't been diagnosed), the coughing fits that had gone on for the whole preceding month and his difficult recovery period. He smiled to me paternally and said, "We, too, want to resolve this matter. Now, I'll go to the police station where I'll write the report. You both look very tense. Rest for half an hour or so, then join me. I will tell them you're cominglater." Pam joined us and he said, "Au revoir, madame. I beg you to accept my most sincere condolences." He shook her hand, then took her wrist to feel her pulse. He made an affirmative gesture with his head to communicate that all was going well. Then, he left. Poor Pam began to cry. Until that moment, nobody had shown her care. This had done her good. Then she dried her tears and changed her attitude. "I want Xanax. Give them to me now!" she yelled. "I got rid of them so they wouldn't find them." "You have no idea of the face you make when you lie. All right, I don't care. Anyway, I still have some hidden someplace or other. I have to calm down, you see? It's so simple." She had become frenetic and began to run from one room to another, searching at random. I figured that she was looking for her pills, but I couldn't make sense of the jar she had in her hand. In Jim's study, she found a fifty franc note and stuck it into the jar. Then, she spotted Jim's shirt hanging on the door handle and rummaged through the pockets, fishing out a few coins that she put in the jar, while she looked at me triumphantly. When she finished her tour, the jar was still half empty. "In all, I have only two hundred dollars," she announced. "Usually, I call Los Angeles when we need money. How will I pay for Jim's cremation? I'll ask Agnes- she already offered, even though I'm not sure I want to go to her house tonight." "As you know, I don't have cash on me. But, if they accept credit cards, and I think they do, we can use mine. Do me a favor. Don't ask Agnes for the money." "Why, don't you trust me?" "Of course, I trust you," I told her with little conviction. "Now, it's nine o'clock on Saturday morning in America, and the banks will be closed. Let's see-Oh, shit!- They'll be closed until seven o'clock Tuesday morning, Paris time. You know that Sunday's the fourth of July, don't you? Therefore, the banks are closed also on the next day, aren't they? You can consider yourself lucky if you'll be able to have the money by Wednesday afternoon, For God's sake!" Pam had a sudden idea which it up her face, "We can ask Bill Siddons to bring the money here personally. After all, the Doors' manager must be good for something. I know Bob, the accountant, but he would never send me the money. He doesn't like me and what's more, I don't like him either. Of course, I could also tell him that Jim asked for the money." "But, do you realize that Jim's estate will be frozen? Why don't you talk to Max Fink, the lawyer, and let him explain to you how things work in cases like this - the legal documents and all the rest? Jim always trusted him, and we can count on the fact that he will maintain professional ethics of secrecy about Jim's death." "I don't like him much either." said Pam, even though she would change her mind later. "I beg you not to speak to anyone except Max. And remember - a minute ago you talked about cremation. Well, don't even think of it. Here in France, it's like admitting you know something about a crime. Here, they usually don't give permission for it and, worse yet, they would request an autopsy. Therefor-forget about it. And if you're thinking of sending the body to the United States, the law provides for a casket that is to be opened for inspection and other hassles. I know this because I had my father's body shipped across the ocean in order for it to be buried. Pam did not want to grasp this. "I want to disperse his ashes in a wonderful place. A place he would have loved. I will ask Agnes to show one to me. After all, she's a director." "Enough, I beg you- Listen, we've got to bury him and we've got to do it in a hurry, before the press gets wind of what is going on. Otherwise, we are in deep shit. By the way, Agnes knows one of the most important big shots of the European press, and I think if she were to ask him, he would keep everything quiet. No, better yet- It just occurred to me that once I took this guy's wife to a Doors' concert. I took her backstage and introduced her to Jim who was really nice to her. She adored him. I bet she would help us. Maybe we could be successful in manipulating the press." I stopped for a moment to make sure Pam was following me. "I'm thinking of Pere Lachaise, the cemetery where Chopin, Delacroix, Piaf and Isadora Duncan are buried. Even Alice B. Toklas is there. You see Pam, in this country, people have respect for artists. Even Jim was really respected. He was not just a rock idol. He would finally have ended up in the Larousse or in the Guide Michelin, not on one of those idiotic maps they sell on Hollywood Boulevard. He wouldn't even have been part of those guided tours of the stars' tombs." "Is Rimbaud there too?" "I don't know - I don't think so. Didn't he disappear in Africa?" "You know, I think perceptions remain in the body after death. So, if they should bury him, Jim would feel the earth falling on top of him .. He would even be able to hear what people were saying around his tomb..." I didn't have the slightest idea of how to answer such a statement. "So, what's wrong with that?" I asked her. "We wouldn't say anything bad about him." While I was waiting for Pam's approval, another reason occurred to me for wanting Pere Lachaise. "I have to tell you about something that happened a week ago," I told her. "Jim and I were walking when all at once he saw a distant hill and pointed it out he asked me to go there. When we arrived, we realized that it was the cemetery, and that it had just been closed." "What a pity"- I said. "I wanted to see it for a long time." "Right,"- he told me. "I will come back." Why, I asked myself, had he used the singular and placed so much emphasis on it? I had no intention of leaving Paris at that time. "Maybe he was trying to tell us something." Pam said. "Do you know what to do to get in touch with the Morrisons? It would be the thing to do - even to get their permission." "We don't have to worry about that." "Poor Andy, I would like him to find out about his brother from me, rather than from a newspaper." "Don't worry about him. It's OK. He's a big boy now." The rapid unfolding of events didn't give me time to really think of all the details. For the moment, the only important thing was to give Jim a quiet burial far from the "Big Top." Meanwhile, the story that Pam had told me was just a story and I couldn't figure out how much truth there was in it. Maybe she had contributed to Jim's death. Not only her. There were probably also some other factors. If drugs had killed him, I didn't want it to be found out. I was ashamed of it and, as I had occasion later to explain to Pam, there was something else: I didn't want Jim to become a myth to follow. The mystery that we built around Jim's death, his legend, suited me more than fine. A few minutes later, Pam began to rummage through the last drawer of a small piece of furniture. "It was Jim's."she explained. "But he didn't care for it too much." I was behind her and I could see that she was looking at the few photographs of Jim. I looked away from the pathetic inventory of souvenirs ... all the memories he and I had shared. I remembered them all very well and began to cry. "Hey, we've got to go back to the police station. Look at what time it is," Pam reminded me. "Please give me Monsieur Morrison's passport," our old friend told us as his welcoming statement. "I must send it to the American Embassy. It's just a formality." The chief was therefore about to discover the exact sequence of Jim's name. We had to avoid giving him the passport. "We left it in the apartment. I would have to look for it," I cautioned him. "Do you feel like waiting for me or do you prefer that we bring it there in person? In any case, the Embassy offices are closed until Tuesday since we're celebrating Independence Day. Besides which, it's late. Don't you have to go home for supper?" "All right, you can do it yourselves and as a matter of fact, it is late.. I'll be at your place again tomorrow morning. Try to be there. Until then you can do what you like." "Monsieur," I said suddenly, "and the body?" "I had asked you not to talk about the body yet- Leave it where it is for now." We had just arrived home, when Pam went to see who had rung the doorbell. A minute later she shouted to find out if I had ordered that ice cream. "No, and I don't think it can be done in Paris. Why?" "Please come here and talk to this guy." I was surprised by that man's extraordinary look. Only the little moustache, the walking stick and the oversized shoes were missing for him to become the exact impersonation of Charlie Chaplain. His clothes and hat were just right and his face was exactly the same. "It's not ice cream"- were his first words. "It's only ice, dry ice. And it's not for you-it's for the corpse" I looked at him with wide open eyes and invited him to enter. "Come in. It's back there in that room." When what's his name left the room, he handed me his card and said, "I will keep you informed about the schedule of my visits. Let me know how the situation is tomorrow. Believe me, I'll do my best, but this heat is against us." I told him that Pam intended to spend the night next to Jim. "Based on my many years of experience," he said, "I really advise against that." The Ice Man returned several times on Sunday and informed us that on Monday, the situation would be almost impossible to sustain. Pam seemed exhausted, but her determination made her go on. She insisted that having Jim in the house gave her a feeling of security. She told me that if it were up to her, she would keep it like this forever. On Monday, after some new ice was put in place, we received a phone call from London. Some rumors were circulating, something to do with Marianne Faithfull's statements, something to do with Jim's death. Pam, who had answered, said nothing. The party was about to begin. There was no time to lose. Agnes' connections with the press would continue to keep the newspapers quiet. Meanwhile, I made an appointment with a well known lawyer, in case unfortunate complications with the police should arise. Luckily, growing pressure forced Pam to make a decision. She gave approval for burial.. To Pere Lachaise's. I organized everything with the span of a day. Meanwhile, I could no nothing to change her mind - Pam slept with Jim every night. She was stubborn. I hated to imagine the whole scene and the effect this could have had on her. Moreover, another thing happened to complicate matters. She was beginning to get nasty with Agnes, who treated her like a daughter. As far as I was concerned, Agnes was of immeasurable help. "Remember," I said to Pam, "Agnes hardly knew Jim - They never saw each other alone and she has always been very correct. Do you remember when Jim told you that Agnes would probably be your only friend in Paris if something difficult should come up. What a prophecy..." "I will never set foot in that woman's house again," were Pam's last words. The Bigot Funeral Parlor, located on the street next to Notre Dame, was so close to the great cathedral that it could almost be taken as a part of it. Even if this very crowded place seemed to be the same age as its venerable neighbor, it certainly didn't make it seem any better. The cathedral's shadow made it a dark place - and what's more there was a single low wattage light bulb in use. It all suited my mood which was particularly black at that moment. Monsieur Guizard, the owner, quickly took care of the formalities with highly professional expertise. At this point, I'd come to believe that he took care of everything there was to do there, when his assistant arrived. His appearance, his broken nails, led me to suspect that he personally took care of the burial work. He had a map of the cemetery so that he could choose the location for the tomb. "Everybody wants to be buried at Pere Lachaise's. There's hardly any room left. What was your friend? A writer, wasn't he?" "Well really, he was a poet." "Ah, in that case, we are in luck. Believe it or not, there is still room in Division 89, where another famous American writer is buried. His name is Oscar Wilde. Do you know him?" "No I beg you. Not next to Monsieur Wilde. Isn't there another place?" "Here. But it isn't really in a beautiful position." "No, it's all right. It's OK. Thank you." The year in which I made my only visit to Pere Lachaise's, I passed by the hotel on Rue des Beaux Arts. For the first time, I read the commemorative plaque on the side of the main entrance. It says, more or less: "In his hotel, Oscar Wilde, the English poet and playwright died on...." Translated from Italian - originally published in KING & I - copyright 2002-2008 by Alain Ronay	cc/2019-30/en_head_0030.json.gz/line175
__label__wiki	0.57605	0.57605	Highlights of the Collection Super User A muzzle-loading gun with system of piston, in concrete it's a "Modèle An XIII". Walnut butt with golden brass corner. Bowl, under-gard and clamp in gold brass. 17.1 mm caliber. It presents the following inscriptions and marks: two marks scratched in the cylinder head; "1809" in the butt next to the beginning of the cannon; "C 1809" in the beginning of the cannon; Crowned "B"; “M[odèle An 1]3"on the top of the beginning of the cannon,"E[mpire] F[ançais] "on the beginning of the cannon. The origin of this gun is in 1800 when Napoleón formed a commission of generals in charge of the definition of the characteristics of a new model of a muzzle-loading gun that replaced the M1777, used by the cavalry. In 1806 they began to produce it. The inscription "C 1809" indicates that we are dealing with a French weapon manufactured in 1809 in one of the imperial manufactures (Charleville, Saint-Etienne, Tulle, Versailles or Maubege) (BOULET, 1993: 50). The presence of the two scratched marks on the cylinder head could indicate that it was used in a duel of guns. SPANISH-CARTHAGINIAN DECAL Spanish-Carthaginian decal coined between the years 221-218 BC. In an unknown mint of the southern of the peninsula (Villaronga, 1994: 69-45). Obverse: Tanit head looking to the left (with features of indigenous influence). Reverse: Horse head looking to the right and in front of the neck, a phoenician letter, Aleph. Smooth edge: The Carthaginians began minting coins in the Iberian Peninsula around 237 BC to pay the tax demanded by the Romans after the defeat of the I Punic War and for the payment of its troops. They were doing that until the roman lost Cartago Nova (Qart Hadast) in 209 a.C. (ALFARO, 1998). In such a short period of time, the coinage was very complete, with values in gold, silver and bronze. However, the emissions are anepigraphic and the mints are not exactly known (most likely it could be in Akara Leuke and Qart Hadast). The most abundant representations are those of the Carthaginian pantheon gods, Tanit, Melkart and Eshmun with a horse on the reverse (VIVES, 1980). BACCHIC HERM A bust belonging to a herm representation of the god Bacchus as a mature man with a beard. The formal traits he presents, especially in eyes and beard, seems to indicate that it is an unfinished sculpture. Its flat back is not sculptured at all. In the upper part there are remnants of a metal staple that problably was used to join this part with other elements that integrated it. Although the origin of this type of pieces is greek, it will be in the roman world where it acquires its greater development and diffusion from a typological point of view, with the creation of several differentiated models as well the use of different techniques and materials employed for its elaboration that changed its meaning and function. If in greek culture it was an object of worship related to Hermes, a protector associated to travelers and fertility, for the romans it would became a merely ornamental object in villas and gardens in the provinces of Hispania. These series of hellenistic tradition representations appeared in the roman sumptuary arts between the 1st and 2nd century AD. In Rome it took place the evolution of this hellenistic type who was formed by a pillar of white marble with the representation of a divinity in its upper part, towards differentiated types like the herm-portrait, the herma-decorative or the double-herm (PEÑA, 2002 : 360-362). The decontextualization of this piece makes it very difficult its chronological age determination and functionality. Therefore, all the affirmations must be taken with caution. SWAB SET Steel swab with pole of quadrangular section, slightly curved because of the use. It lacks the stick. Handle with conical wood and studded metallic finishes. An instrument used to clean the bore of the gun barrel, whose shaft corresponds to the length of the barrel for which it is used. Its use was stipulated in Spain at least from the beginning of the eighteenth century (ORDENAZAS, 1728: 68), although its origin was so much earlier, linked to the employ of the first firearms. MODEL OF THE BATTLE OF BAILÉN Model that shows the deployment of the troops in the battle of Bailén. Scale: 1: 2000. The Battle of Bailén occurred on July 19, 1808 during the Spanish War of Independence, it was the first defeat in the history of Napoleon's imperial army. The french troops of Dupont (21000 soldiers) were defeated by the spanish troops of Castaños (27,000 soldiers). Castaños was considered the commander of the Spanish army in Andalusia (ÁLVAREZ JUNCO, 1994). After the May 2 uprising, Napoleon ordered General Dupont to subject Andalusia and to assist the naval squadron of Rossilly (There were blocked in Cadiz by the Spaniards). On his way to Andalusia, Dupont had to confront the spanish army in Bailén on July 19 ( Seville and Granada committees called for the recruitment of military troops to stop the French passage through Andalusia). Following the Porcuna plan, the Reding and Coupigny Divisions of the Spanish Army of Andalusia, organized by General Francisco Javier Castaños, began a no-mercy battle that ended in the Dupont's surrender (CUENCA TORIBIO, 2006: 156)	cc/2019-30/en_head_0030.json.gz/line177
__label__wiki	0.816608	0.816608	CD: Forgotten Records Aram KHATCHATURIAN (1903-1978) Violin Concerto (1940) [38:51] Béla BARTÓK (1881-1945) Rhapsody for violin and orchestra No.1 Sz87 (1928) [10:45] Rhapsody for violin and orchestra No.2 Sz90 (1928 rev 1944) [10:28] Devy Erlih (violin) Orchestre des Cento Soli/Serge Baudo (Khachaturian) Karel Husa (Bartok) rec. March 1956 (Khatchaturian) and September 1953 (Bartók), Salle Wagram, Paris FORGOTTEN RECORDS FR 449 [60:07] Devy Erlih (b.1928) is something of a cult violinist. He was a student of Jules Boucherit at the Paris Conservatoire in 1942. His debut came after the war, and he has since been widely active as soloist, leader of chamber orchestras, director, and teacher. He also composes. He has performed many contemporary works by French composers and has not neglected those by Milhaud, Sauguet, Tomasi and Jolivet. His recorded legacy is not huge and is generally confined to smaller labels, though he was an evergreen on Ducretet-Thomson and Inédits. Among his more interesting recordings are Denisov’s First Sonata, Loucheur’s Concerto, and the 1907 sonata by Ropartz, though he left LPs of staples such as the Tchaikovsky and Mendelssohn concertos. Maybe it’s because of this smallish repertoire on disc, but also because of his teaching, that fiddle fanciers are so drawn to him. Certainly I cherish my LP of the Khachaturian on The Record Society, one of those heavy-duty jobs where you have to pull the LP out of its sleeve via a thick wood hinge; rather like the way waiters hang newspapers in Viennese cafes. Nevertheless I’d be the last to suggest that it offers the kind of sultry pleasures afforded by such as Louis Kaufman or David Oistrakh; a different kind of pleasure, certainly, and a very precise, Gallic one. Erlih’s vibrato is tight, without undue width; his tone is finely centred. The playing is precise, pure-toned. Some of the passagework is unduly slowed down in the first movement, with orchestral counter-themes unhelpfully and unmusically protracted. But the echo effects between violin and winds, and then violin and violin, are accomplished well, and the musing cadenza is technically adroit, though at his speed the resumption of the initial tempo is all too bumpy. Erlih takes the slow movement at a dangerously spun-out legato, but it has melancholy and yearning, though a lack of oratorical tonal breadth. Ricci is just as slow in his recording, though he’s by far the more febrile artist. Erlih retains aristocratic purity. He’s not breakneck in the finale like Kaufman and Oistrakh, in his preserved performances, or even Yulian Sitkovetsky, but he doesn’t dawdle like Mischa Elman, who was too old to take it on when he finally got around to it. Erlih catches the finale’s wit and also widens his vibrato appreciably; it’s as sleazy as it ever got with him in this movement and then it’s not often. So this is a patrician recording, brashly recorded, averagely played but sympathetically accompanied by Serge Baudo, whose Honegger symphonic cycle in Prague I’ve always hugely admired. The fillers are the two Rhapsodies by Bartók, recorded in Paris three years earlier. The orchestra is the same—the Orchestre des Cento Soli—but the conductor is different; Karel Husa. This may come as a surprise as Husa, who is 90 this year, is admired as a composer. But in the earlier part of his career he also conducted; in fact there’s a recording of Brahms’s First Symphony with this orchestra, as well as the first European recording of The Miraculous Mandarin, Honegger’s Le Roi David, Carmina Burana, the Berlioz Grande Messe des Morts and a slew of his own music. He’s a perceptive conductor of Bartók and Erlih plays well, though again without the dazzle and earthiness of other contemporary practitioners. One might say that he meets Bartok half-way. It’s good news for Erlih’s admirers that these old LP performances are now available; I’m not sure if they have been transferred elsewhere — Japanese compilers are often ahead of the game when it comes to violinists, so I wouldn’t at all be surprised — but this French company has done well with their transfers, which are ungimmicky, direct and free of egocentricity: not unlike the performances in fact. <!- paste above here ->	cc/2019-30/en_head_0030.json.gz/line178
__label__cc	0.546886	0.453114	SIXTH CIRCUIT RULES PLAINTIFF CAN TAKE OVERTIME CLAIM TO JURY BASED ON HIS SAY SO The U.S. Court of Appeals for the Sixth Circuit ruled recently that a plaintiff claiming that his employer failed to FLSA, Hours Worked, Overtime, Summary Judgment SECOND CIRCUIT ADOPTS FLEXIBLE STANDARD FOR DETERMINING WHETHER UNPAID INTERNS ARE EMPLOYEES 8/27/2015 By Amy Beth Leasure The U.S. Court of Appeals for the Second Circuit has rejected the stringent test endorsed by the U.S. Department of DOL, FLSA, Unpaid Intern, Wage and Hour OFCCP ISSUES NEW SECTION 503 COMPLIANCE CHECKLIST The Office of Federal Contract Compliance Programs (OFCCP) has announced a new compliance checklist, developed with the help of the Class Certification, Collective Action, FLSA, Statistical Sampling NT LAKIS FILES U.S. SUPREME COURT BRIEF ON BEHALF OF EEAC IN SIGNIFICANT OVERTIME CLASS CERTIFICATION CASE NT Lakis has filed with the U.S. Supreme Court a friend-of-the-court brief on behalf of the Equal Employment Advisory Council	cc/2019-30/en_head_0030.json.gz/line180
__label__cc	0.553479	0.446521	SRI-CSIR develops fertiliser for Cassava The Soil Research Institute of the Council for Scientific and Industrial Research (SRI-CSIR), has successfully conducted trials on fertilisers that can be used for increased cassava starch yield and quality cassava. Dr Joseph Cobbina, a Technical Specialist at the CSIR, made this known to farmers and M.Phil. students from the Kwame Nkrumah University of Science and Technology (KNUST) who undertook a field trip to the Kwadaso Agricultural College in Kumasi. He said the research was still underway and that results were expected to be shared by all member states of the Economic Community of West African States (ECOWAS). The research is under the auspices of the West Africa Agricultural Productivity Project (WAAPP) and is being implemented in Ghana by the Ministry of Food and Agriculture (MoFA). DR Cobbina said WAAPP was being funded by the World Bank to strengthen research institutions in three countries — Ghana, Mali and Senegal — to generate improved technologies to increase agricultural productivity of important crops in line with regional priorities. He said the aim of the project was to fund demand-driven technologies, generate and disseminate improved technologies in priority sectors of the region and facilitate regional collaboration and integration. The field trip to the Kwadaso Agricultural College formed part of efforts to enhance the dissemination of increased cassava technologies, as well as to offer a platform to showcase the nature and efficiency of the new technologies for cassava. Under the WAAPP project, Mali is conducting research into rice with Senegal researching into cereals, while Ghana focuses on improving root and tubers (cassava, yam, cocoyam and sweet potato). Giving a background to the project, Dr Cobbina said in 2003, it was realised that although governments in West Africa were supposed to devote 10 per cent of their budgets to agriculture, that was not being done. He said the WAAPP was then developed with a focus to improve the export competitiveness, biodiversity, land administration and management, technology diffusion, trade facilitation and market access. He said in Ghana, although various varieties of cassava had been released by the CSIR, it was realised that lack of improvement in soil fertility, made it difficult for farmers to achieve the expected results. Ada Singkong Raksasa Seberat 100 Kg Global consultations on cassava as bio-fuel open Solomon Islands exploring possibility of cassava e... Will New Gluten-free Cassava Flour Rock Rivers cassava initiative attracts partnership Nestle project a boon for cassava growers	cc/2019-30/en_head_0030.json.gz/line184
__label__cc	0.68043	0.31957	G.I. Joe 2: Retaliation Jon Chu Back to Direct Another ‘G.I. Joe Movie’ 06-12-13 • Comics, Film Posted by Mark Poynter When Jon M. Chu (Step Up 2: The Streets, Step Up 3D, Justin Bieber: Never Say Never) landed the directors chair for G.I. Joe: Retaliation a couple of years ago, many fans were skeptical he could pull off a decent military based movie. Although the film has its issues, it’s leagues ahead of the first in the franchise and has raked in $365 million worldwide. The production team still has to hire a writer and get a script cranked out. Early word is that producer Lorenzo di Bonaventura wants the next G.I.Joe installment to focus on the Ninja side. G.I. Joe 4 concept work and early production should keep chugging along even though Chu also has the new Masters of the Universe reboot on his directorial plate. Will Roadblock (Dwayne Johnson), Colton (Bruce Willis), and the others be back? It’s still a little early to tell on that one, but it wouldn’t surprise me if they at least made a cameo appearance. What do you want to see in another G.I. Joe movie? I want more Cobra, bigger secret volcano bases and crazy world killing weapons. Via: /Film Toy Fair 2013: Man of Steel, G.I. Joe: Retaliation, Iron Man 3, Thor 2, Masters of The Universe, Star Wars, and Much, Much MOAR! 02-10-13 • Nerd Culture Posted by Luke Gallagher Nerd action figure enthusiasts, like myself, are privileged to buy just about every pop culture character that ever was/is. Seriously, pretty much every iconic character from film, TV, video games and more have spawned little plastic figures honoring their image. I’m not complaining. No, I’m thrilled! I am, though, running out of shelf space. That, and my wallet and fiancee are not so understanding. Money, storage and g/f problems be damned, because, thanks to the New York International Toy Fair (which happened this weekend), 2013 is looking like another killer year for plastics. Toy Fair 2013 showcased all types of toys to choose from, classic toys from yesteryear, new movie tie-in toys, and toys for all ages, brought forth from the wacky minds of the toy masters at Mattel, Lego, Hasbro and many, many more. These are the products that will be hitting store shelves everywhere all year long that may flop, or become the hottest must have toy for Christmas. Thanks to internet leaks, and work from other bloggers, we’ve rounded up the biggest and the best. Take a stroll through the New York Toy Fair courtesy of NerdBastards “Gallery of Toys” and get your second hand look at NECA‘s Kick-Ass 2, and Lone Ranger line. Hasbro’s Star Wars, G.I. Joe: Retaliation and Transformers, Marvel Legends/Avengers figures. Mattel‘s Masters of the Universe, DC Unlimited, Classics TV Batman, and Watchmen collections. DC Collectibles Man of Steel and, much, much more! Check out the massive (90) picture gallery below and let your fellow NerdBastards know which are keepers and which will clutter store shelves until their thrown into the 50% off bin in the comments section below. Note: Release dates and other deets are not provided. Please see our sources (ToyArk, ToyNewsi, ComingSoon) for more information. ‘G.I.Joe: Retaliation’ Delay – What’s Really Going On 05-30-12 • Film Posted by Mark Poynter This NerdBastard was stunned the other week when news that the release date for G.I.Joe: Retaliation was being pushed back an entire year so the film could be converted to 3D. Studios just don’t pull a film out of the summer lineup, stop a massive toy tie-in and advertising scheduled without there being major problems with the film. Is it any wonder so many G.I.Joe fans were concerned. Everyone felt that there had to be more to the story, one question was why hadn’t the film already been converted to 3D? All the major summer releases have had 3D content. Some more details have come out about Paramount’s decision to push back the release. Paramount insiders confided with Deadline’s Nikki Finke about some of the other reasons that G.I.Joe: Retaliation was suddenly yanked out of this summer’s lineup. “This was a case of letting a schedule to fill a summer slot dictate the film not being in 3D even though we knew that would be the most commercial version of the film. Then in the spring there were 2 big events. First John Carter lost $200M despite the best efforts of the Pixar brain trust. But the 3D film managed to gross over $200M overseas, nearly tripling its U.S. take. “Also Channing Tatum had a breakout spring, starring in The Vow and 21 Jump Street. In our first screening of the film the reaction from audiences was good but with 2 big concerns: 1) They didn’t like the fact that Channing and The Rock really didn’t have any time to develop a friendship before Channing died, and 2) Why wasn’t it going to be in 3D? We went back and shot another week with Channing to develop more of his story with The Rock, which made the film play much better. But we didn’t have the time to be in 3D. “Then a week ago Battleship basically had the same performance as John Carter – $60M-$70M U.S. and just over $200M international. That was just a wake-up call that said to us we need to offer the best version of the film irrespective of summer market share to ensure the best possible performance. And not being in 3D will cost us a ton of business internationally.” How will this move affect the overall cost of G.I.Joe: Retaliation? “Several 3D houses had already approached us about doing the film in 3D. This move gives us the time to do it right. We are having conversations with Stereo D and Prime Focus about doing the 3D work for a reduced fee in exchange for a piece of 3D upside. Also, interest rates are very low right now. So 9 months does not have a huge impact on budget. It should stay under $130M.” What do you think? We’ve got a year to wait and wonder if this move was worth it. There will be more coming out of Holly-weird as the actors and director Jon M. Chu get opportunities to speak out. ‘G.I.Joe: Retaliation’ Interview Teaser The folks over at Comingsoon landed some face time with the stars and director of G.I.Joe:Retaliation and produced this interview video of their talks with: Director Jon Chu, Dwayne Johnson (Roadblock), Adrianne Palicki (Lady Jaye) and D.J. Cotrona (Flint). There’s plenty of nice little bits about the movie and characters as well as their love of the G.I.Joe franchise and hopes of living up to G.I.Joe fan-boys expectations everywhere. G.I. Joe: Retaliation opens nationwide on June 29. Via: Comingsoon New ‘G.I. Joe Retaliation’ Character Posters: Everyone Gets A Character Poster 04-19-12 • Film Posted by Jeremy R! Hudson Paramount has released a pile of character posters today for G.I. Joe Retaliation each one premiering on a different site on the ‘net. Seriously Paramount? You’re going to make me surf back and forth over the internet for these? Challenge accepted. While I found 2009’s G.I. Joe: The Rise Of Cobra very painful to watch, I will not lie. I am really looking forward to this movie. From the trailers to the stills, it looks like a damn fun one. As for the posters we get Cobra Commander (whole finally looks like Cobra Commander) Snake Eyes (Ray Park), Storm Shadow (Byung-hun Lee), Jinx (Elodie Yung), Lady Jaye (Adrianne Palicki), Roadblock (played by Dwayne ‘The Rock’ Johnson), Duke (sadly still played by Channing Tatum) and Bruce Willis, who stars as Bruce Willis. Hit the thumbs after the jump to view them full size. New Stills From ‘G.I. Joe :Retaliation’ NerdBastards has got some new stills from G.I.Joe:Retaliation due in theaters June 29th. Let’s start out with: G.I.Joe bringing the sexy time, she can rock the ball room as well as the barracks room. (Damn. I felt kinda greasy just writing that.) Now let’s look at two of my favorite Joes, Snake Eyes and Roadblock: If that wasn’t enough we’ve also got a vehicle shot. Not sure who’s in it but all that white makes me think Storm Shadow. What do you think? Jon M. Chu directs G.I.Joe:Retaliation, which stars Channing Tatum, Ray Park, Dwayne Johnson, Bruce Willis, Elodie Yung, RZA, DJ Cotrona, Adrianne Palicki, Ray Stevenson, Joseph Mazzello, Walton Goggins and DeRay Davis. New ‘G.I. Joe: Retaliation’ International Trailer, C’est Magnifique! Damn you Jon M. Chu and damn you too Paramount Pictures. Back in 2009 I had an extremely high amount of fun making fun of the laughably bad G.I. Joe: The Rise of Cobra. It was a fine example of how NOT to turn a beloved 80’s action figure line into a megablockbuster Hollywood crapfest. Flash forward to 2012 and every time I see a still or a teaser or anything really from G.I. Joe: Retaliation I get the sneaking suspicion they might not mess this one up. Take the above picture for example, now THAT is Cobra Commander. Wait, is that Fire Fly behind him? Are you ‘effing me? Come on, give me something to work with here. This can’t actually be a decent movie. The action is over the top but not stupid looking. Yes it’s cheesey and ham handed, but it looks like a run watch. Sure, Channing Tatum is back, but they added The Rock and Bruce Willis which totally forgives that. Yes, it will be cheap and mindless, but it looks like it’s also doing the property justice this time around. Hit the jump and check out the new international trailer. IT DOESN’T MATTER WHAT YOU THINK: Dwayne Johnson Starring In ‘The Monster Hunter’s Survival Guide’ 11-19-11 • Comics, Film Posted by Luke Gallagher Dwayne Johnson‘s stint in family films – Tooth Fairy, The Game Plan, Race to Witch Mountain– had me worried. Thought our noughties action star went soft (and fat) But then Faster and Fast Five happened and The Brahma Bull was back. More muscular and electrifying then ever. Yes, I’m a Rock fan-boy. Leave me alone. Johnson is working his butt off this year to cement himself as this decades best action hero – shooting G.I. Joe 2: Retaliation and coming up he’s got Journey 2 on the docket as well as a Fast and Furious sequel Snitch and more. Oh, and he’s returning to the WWE for a tag-team match-up with John Cena. Pretty spectacular for a guy who picks things up and puts them down. Well, Johnson can add another notch in his belt of conquests as he will star in The Monster Hunter’s Survival Guide produced by Simon Kinberg. The property is based on a comic book miniseries by John Paul Russ which ran five issues earlier this year with each issue focusing on a different type of monster and how to kill them. Issue #1 was “The Undead,” #2 was “Cryptids,” #3 was “Giant Monsters,” #4 was “Unnatural Beasts” and #5 was “Fantasy Creatures.” I’d ask you how you feel about yet another comic-book adaptation, but IT DOESN’T MATTER HOW YOU FEEL. Alright, enough with the Rock puns. In all honestly, this sounds pretty good actually. Plus it’s more in line with what we want to see out of The Rock. Glad to see him laying the smackdown on all there candy asses once again. Sorry, couldn’t help myself.	cc/2019-30/en_head_0030.json.gz/line185
__label__wiki	0.86107	0.86107	NJ trooper pulls over officer who helped with his delivery Thursday, June 7, 2018 6:36 AM EDT Thursday, June 7, 2018 5:37 PM EDT KINGWOOD TOWNSHIP - A routine traffic stop reunited a New Jersey state trooper with the now-retired police officer who helped his mother deliver him as an infant. Trooper Michael Patterson was on patrol Friday when he pulled over Matthew Bailly for a tinted window violation in Kingwood Township. The two men talked and Bailly mentioned he used to be a police officer in Piscataway where Patterson grew up. Bailly was on duty in Piscataway 27 years ago when he was called to the home of Karen Patterson, who had gone into labor. “He goes so far as describing the house that I grew up in, and then he said, ‘The baby's name was Michael.’ How he remembered that, I don't know,” Patterson says. “So I extended my hand and I said, 'Sir, my name is Michael Patterson. Thank you for helping to deliver me.’” New Jersey State Police said Wednesday that Bailly wasn't ticketed. The trooper and his mom later met Bailly and his wife. Patterson says that every year on his birthday his mother retells the story of the officer who helped to deliver him as a baby. The Associated Press wire services contributed to this report. 16-year-old girl shields family from possible ICE raid in Passaic New Jersey was not expected to see a lot of immigration activity this past weekend after President Donald Trump announced a nationwide sweep of immigrants living in the country illegally. Jersey Proud: Bogota officer meets with South African man with special needs Bogota Police Officer Jon Gallipoli met with a South African man who has special needs. Reese has a love for police officers and visited the U.S. this week.	cc/2019-30/en_head_0030.json.gz/line189
__label__wiki	0.618929	0.618929	Spain: World Cup 2018 features on latest gold and silver collector coins March 2, 2017 By Michael Alexander Leave a Comment The Fabrica Nacional Moneda y Timbre / Real Casa de la Moneda have unveiled (27th February) two new coins that celebrate the sports world’s most prestigious tournaments on the football/soccer calendar: the World Cup. The 21st World Cup tournament was awarded to the host country of Russia in December 2010. The announcement was made from the FIFA (Fédération Internationale de Football Association) headquarters in Zurich, winning out over nine other countries who had placed their bid to host. The tournament will last for 32 days, with the opening ceremonies to commence on the 14th June 2018 and conclude on the 15th July. Thirty-two national teams will vie for the ultimate win and the right to raise the World Cup trophy in victory. The tournament will take place in 12 different venues located in 11 cities and locations, with Moscow playing host for the opening match at the Luzhniki Stadium. As part of the campaign to win the hosting of the World Cup, the committee organising the bid proposed that all the cities that could host the various games be situated in or just outside European Russia to reduce travel time for the teams. Cities scheduled to host various matches include St. Petersburg, Yekaterinburg, Kaliningrad, and Sochi (home of the 2014 Winter Olympiad, among others). The final tournament will involve 32 national teams, which include 31 teams determined through qualifying competitions, and the host team, who automatically qualify. A total of 64 matches will be played during the 32-day event, with Moscow hosting the final match. The coins are minted in both gold and silver and share common obverse and reverse designs. The background of the reverse design consists of rippling lines that resemble the Spanish flag, hoisted. At center is a football, surrounded by freeze-frame images of a player in a four-step sequence from handling the ball to kicking it. The obverse includes the effigy of H.M. the King Felipe VI introduced on Spanish coinage in 2014 after his accession to the Spanish throne the year before. Mintage Limit .999 gold The Casa Real de la Moneda / FNMT have announced that these coins will be exclusively distributed worldwide by MDM Münzenhandelgesellschaft mbH from the 27th March. For more information on the coins offered by the the Fabrica Nacional Moneda y Timbre / Real Casa de la Moneda, please visit their website. For information about the MDM, please visit https://www.mdm.de/. ❑ Spain: Tercentenary of the Royal Company of Midshipmen celebrated with new silver coin Switzerland: Historic Reformation anniversary remembered on new silver coin Australia: Gold and silver coins issued to celebrate upcoming Commonwealth Games, Gold Coast 2018 Spain: Latest Europa Star series launched, featuring the “Age of Iron and Glass” Filed Under: 2017, Coin Articles, Columns, Commemorative Coins, Royal Spanish Mint, World Coins	cc/2019-30/en_head_0030.json.gz/line190
__label__cc	0.595566	0.404434	OceanGrown The History of OceanSolution It is well understood that there are radical health differences between plants and animals found in the sea and those on land. In the ocean, life thrives on a precisely balanced diet of inorganic nutrients while our landlocked environment has been increasingly unable to provide plants and animals with the full compliment of minerals necessary for health and longevity. In Sea Energy Agriculture, Dr. Maynard Murray makes the following analogy: “If a soil is like a mine with its myriad of elements, then whenever man tills it, plants crops and in other ways engages in farming, he is for all practical purposes engaged in the business of mining. Like a miner, the farmer breaks the earth with digging tools, but instead of dynamite, he plants seeds to loosen the minerals and elements from their holding matrix. And finally, he carts away his minerals in the form of food rather than ore.” Perhaps the most disturbing aspect of this mining analogy is that farmers, through conventional fertilizer strategies, often only replace three to six of the total number of elements removed from the soil. The failure to understand the importance of all elements and their role in providing complete, balanced nutrition to plants and animals has resulted in an abundance of food that is great in bulk but low in vitality. Over six to eight days of growth, wheat grass watered with OGS develops a balanced complement of health-giving minerals. What’s the Answer? Ocean water holds the perfect balance of nutrients essential for sustaining life. Quantitative analysis of the elements in our blood and those in unadulterated seawater has revealed a strikingly similar profile, including a substantial presence of sodium chloride. It is interesting to note that salt, when in proper balance with other nutrients, is actually beneficial to plant growth. Enter the Doctor Beginning in 1936, Dr. Murray began his life long research in sea energy agriculture — how to get the perfect chemistry (consistency, balance and proportion) of the ocean back into the depleted soils. He felt this was the key to proper nutrition, a stronger immune system and a longer, healthier life. Dr. Murray undertook a variety of experiments to determine the secrets of the sea, often wondering why land-based animals suffered from so many forms of chronic disease while sea animals generally enjoy vigorous health. The difference can be attributed to the superior nutritional qualities at each stage in the oceanic food chain: “a cubic foot of seawater sustains many times more living organisms than its equivalent of soil. Seawater is Earth’s most ancient natural solution…as liquid crystalloid, all Atomic Table elements are in a solution of consistent balance and proportion.” Dr. Murray began experimenting with seawater as a plant fertilizer, using sea solids (after evaporation) because he was unable to obtain non-toxic coastal ocean water. After a number of control trials and experiments with sea solids, he found that plants and trees flourished without the need for fertilizers and pesticides. Beginning in the 1950s, for more than 30 years, the doctor became intimately involved in hydroponics farming in southwest Florida – built a small farm and experimented further with various plants growing in a solution of sea solids. The originator of the agricultural reformation, Dr. Maynard Murray Dr. Murray, discoverer of the lost art of Complete Nutrition® Over the years, Dr. Murray's research led him to various States and locales including Massachusetts, Indiana, Illinois and Florida. It was outside of Chicago that he met Ed Heine, a farmer who proved to be a great help as well as a friend to the Doctor, participating in many experiments. The years leading to Murray's premature death in 1983 were filled with intense research on his own hydroponic farm in North Fort Myers on the West Coast of Florida. "Sea Energy Agriculture", the science that Dr. Murray uncovered lay largely dormant during the next 20 years until a dedicated effort was initiated to rescue this essential knowledge from oblivion. Dr. Murray began his trials with sea solids after he had started with coastal waters that had became increasingly toxic and unusable. OceanGrown has shifted from using sea solids (crystals are problematic for several reasons; many elements are lost during evaporation, crystals do not go back into solution easily or reliably, they are difficult to apply, and are a natural desiccant and therefore tend to clump in humid environments) back to an improved OceanSolution Extract harvested from the deep clean ocean and suitable for all plants. This has required major investment in the design of machinery that could extract the minerals without damaging the aerobic bacteria that is abundant in seawater and is important for revitalizing damaged soils. One advantage of extracting the minerals is the reduction of all handling, storage and shipping costs. Visit us online.	cc/2019-30/en_head_0030.json.gz/line196
__label__cc	0.63302	0.36698	> Research Color-stripping of recovered cellulosic fibers PhD Defense July 22, 2016 Elsa Walger, LGP2's Ph.D. student, defended her Ph.D. thesis: "Study of the activation of hydrogen peroxide by the copper(II)-phenanthroline complex for the color-stripping of recovered cellulosic fibers". PAG-car_these2.jpg This University Grenoble Alpes doctoral thesis was prepared under the supervision of Gérard Mortha, Professor, and the co-supervision of Nathalie Marlin, Associate Professor (Grenoble INP-Pagora / LGP2). Today, recovered papers are reused for the manufacture of bright paper after deinking and fiber bleaching, which generally starts with an alkaline hydrogen peroxide stage (H2O2). However, the efficiency of H2O2 is often limited due to its low reactivity on the azo groups of paper dyes contained in recovered papers. The goal of this study was to improve the removal of these azo dyes by H2O2. The improvement of H2O2 bleaching has been studied thoroughly in the context of chemical pulp delignification. In particular, the activation or catalysis of H2O2 by copper(II)-phenanthroline complexes (Cu-Phen) was found to be very effective. This inspired a preliminary bleaching study on deinked pulp and dyed pulp, and resulted in significant improvement of dye removal, which gave birth to our project. The purpose of this work was to determine to what extent copper(II)-phenanthroline could improve the hydrogen peroxide color-stripping of dyed cellulosic fibers, and how. To answer this question, three intermediate issues were addressed: (1) does Cu-Phen alone have an effect on the dye? (2) does Cu-Phen improve the color-stripping of a dyed pulp by H2O2? (3) how does the H2O2/Cu-Phen system enhance the dye-color-stripping efficiency? This work was thus divided into three studies: (1) the selected dyes and the complex were characterized in the absence of any oxidant and the interactions between the two were examined, (2) the H2O2/Cu-Phen system was applied on two dyed pulps to assess their color-stripping potential and to attempt to optimize it, and (3) the oxidation mechanism was investigated via trials in aqueous solution, with and without cellulose. Using several analytical techniques (NMR, FTIR, UV-vis and EPR spectroscopy; ESI-MS) and speciation calculations, this work proved that the Cu-Phen complex enhanced H2O2 for the color-stripping of azo dyes, with and without fibers. It also provided evidence that phenanthroline acted as a stabilizer to adjust the solubility, stability and redox potential of copper(II), but may not be indispensable. The substrate (dyes but also cellulose) was strongly degraded by the H2O2/Cu-Phen system. The results of the mechanistic study supported the hypothesis of substrate oxidation by radicals produced via decomposition of H2O2 rather than by hydrogen peroxide itself. This mechanism, strongly dependent on the pH, is probably part of a catalytic cycle. Finally, along with further research proposed based on our conclusions, this thesis should contribute to the improvement of deinked pulp bleaching as well as wastewater treatment in the pulp and textile industries. LGP2 Ph.D. thesis (2016) Date of update September 13, 2016	cc/2019-30/en_head_0030.json.gz/line205
__label__cc	0.593658	0.406342	Home / Books & Media / Films / The Children of Ibdaa – To Create Something Out of Nothing The Children of Ibdaa – To Create Something Out of Nothing Ibdaa’s use of traditional debke dance perpetrates the Palestinian culture while they creatively and non-violently address a brutal political reality. directed by S. Smith Patrick This film looks at the lives of several adolescents in a Palestinian children’s dance troupe from Dheisheh refugee camp in the West Bank. They use their performance to express the history, struggle, and aspirations of the Palestinian people, specifically the fight to return to their homeland. Through interviews and documentation of the children, the video offers insight into their families’ displacement from their villages in historical Palestine, the physically and emotionally stressful aspects of life in a refugee camp, and the unique experience of participating in the politically motivated dance troupe. The story culminates in a visit by the children for the first time to demolished villages from which their grandparents were expelled in 1948. Most of the footage was shot in digital video. Super 8 film, slides and photo stills in both black and white and color texturally enhance the digital video imagery. Archival prints donated by the United Nations Photo Archive in Gaza are also used. This intertextural aesthetic is important in defining varying spaces and time. The film offers a distinct perspective for those who are well versed on the greater political subject and is an educational piece for those who know little on the topic of the Palestinian refugees. No other film exists about these unique adolescents and their creative, conscientious, and peaceful contribution to the international dialogue that shapes their lives. The name of the dance troupe, ‘Ibdaa,’ translates from Arabic as ‘to create something out of nothing.’ It is a sentiment the troupe founder feels captures the vibrancy and strength of the dance troupe against the oppressive backdrop of its members’ origins and life in Dheisheh refugee camp. Through their performance, the members of Ibdaa bring the perspective of Palestinians to the attention of the Western communities that they visit. Ibdaa’s use of traditional debke dance perpetrates the Palestinian culture while they creatively and non-violently address a brutal political reality. Ibdaa Cultural Center Filmmaker’s website The Children of Ibdaa: To Create Something Out of Nothing Classification: Documentary Directed by: S. Smith Patrick Release date: 2002 Length: 29 minutes Language: Arabic with English Subtitles * Golden Gate Award Winner, Best Documentary Short, San Francisco International Film Festival, 2003 * Visionary Documentary, Arab Cultural Center, San Francisco 2002 * Special Honor, Tehran International Short Film Festival, 2003 Star of Goliath	cc/2019-30/en_head_0030.json.gz/line206
__label__wiki	0.896752	0.896752	Inside the Lines Inside The Lines, 1930, Betty Compson, Ralph Forbes, Montagu Love, Reginald Sharland Inside The Lines 1930 Betty Compson, Ralph Forbes, Montagu Love, Reginald Sharland Inside the Lines is a 1930 Pre-Code Hollywood talking film spy drama starring Betty Compson, Ralph Forbes and Mischa Auer. Directed by Roy Pomeroy (who also was the associate producer) from a screenplay by John Farrow and Ewart Adamson, which in turn was based on the 1915 Broadway play of the same name by Earl Derr Biggers. This version is a remake of the 1918 silent version, also with the same name. This film exists in the public domain after failure to renew the copyright after 27 years. Jane Gershon is engaged to Eric Woodhouse, living in Germany prior to the onset of World War I. When the war breaks out, they are forced to separate, but are reunited months later in Gibraltar, at the British fortress there. Both are supposedly German spies with orders to destroy the British fleet, anchored in the harbor. Not fully trusting either of them, the German government has sent another agent, the Hindu Amahdi, to ensure that their sabotage plans are carried out. Both Jane and Eric believe the sincerity of the other as a German agent. When it appears that Jane's attempt to destroy the fleet is uncovered, to save her, Eric takes the blame and seemingly commits suicide. However, when Ahmadi uncovers the truth that Jane is really a double agent for the British government, he attempts to go through with the sabotage. When he is about to kill Jane due to her treachery, Eric reappears and kills him instead, saving Jane's life. When Jane discovers that Eric is also a British double agent, they are happily reunited. Betty Compson - Jane Gershon Ralph Forbes - Eric Woodhouse Montagu Love - Governor of Gibraltar Mischa Auer - Amahdi Ivan F. Simpson - Capper (*billed Ivan Simpson) Betty Carter - Lady Crandall Evan Thomas - Major Bishop Reginald Sharland - Archie Wilhelm von Brincken - chief, Secret Service (cast list is per AFI database)</> This film is a remake of the 1918 silent version, also titled Within the Lines, which was directed by David H. Hartford, and starred Lewis Stone and Marguerite Clayton, based on a screenplay by Monte M. Katterjohn. The silent version was produced by Delcah Photoplays, Inc. and Pyramid Film Corporation, and distributed by the World Film Company.< name=AFI2></> In 1958, the film entered the List of films in the public domain in the United States due to the copyright claimants failure to renew the copyright registration in the 28th year after publication.<> See Note #60, pg. 143</> List of films in the public domain in the United States {{{Category:1930 films Category:1930s drama films Category:Black-and-white films Category:RKO Pictures films Category:World War I spy films PDMovies2014 feature_films moviesandfilms Hard Hombre Shadows of Death Beneath the 12-Mile Reef Mr. Reckless Arizona Days	cc/2019-30/en_head_0030.json.gz/line210
__label__wiki	0.568469	0.568469	Peninsular Thinking Peninsular Thinking A conversation about Bremerton, Port Orchard, Poulsbo, Silverdale, Bainbridge Island, Kingston, Manchester, Seabeck, Southworth, Suquamish, Belfair, Keyport, Olalla, Bangor, Hansville, Indianola, Port Gamble, Allyn, Port Ludlow, Gig Harbor and every once in a while something about the good folks who don't have the good fortune to live here. Kitsap Harbor Festival promises fun on both sides of Sinclair Inlet Proving that we really can all get along, the Port of Bremerton, city of Port Orchard and city of Bremerton will team up over Memorial Day weekend for Kitsap Harbor Festival. The port is hosting the festival to showcase its marinas on either side of Sinclair Inlet. City governments, chambers of commerce and community groups all have their oars in the water to offer up a boatload of fun. At the heart of the festivities will be boats: big, small, vintage, military and famous. Scheduled events include a visit from tall ships, boat shows and races, food and entertainment. Port Orchard is using the festival to roll all its wacky maritime festivities into one weekend, including turning the town over to pirates, a murder mystery contest, a Dingy Derby Race, a seagull wing cooking contest and … the ever lovin’ reason we are Port Orchard, while other, more sane towns are not … the Seagull calling contest on Sunday. Bremerton’s waterfront will be alive with action, including a Bridge-2-Bridge Run, arts and antique show, Kitsap Car Cruz with live entertainment, scuba demos, tours of an historic Coast Guard vessel and more. Linking the two fair cities over the weekend will be the Bremerton to Port Orchard foot ferry, operating every 30 minutes from 8:30 a.m. to 7:45 p.m. Saturday through Monday. The fare is $2 each way. The port and both cities contract for the service, which is no longer provided on Sundays by Kitsap Transit. Events are on the Bremerton Boardwalk (B) or Port Orchard waterfront (P), unless otherwise specified. For a complete listing of events, visit the Port of Bremerton’s Kitsap Harbor Festival page. 7 to 10 a.m.: Bremerton Lions Club Pancake Breakfast (B) 8 a.m.: Registration, 4.4-mile Bridge-2-Bridge Run/Walk (run starts at 9 a.m.) (B) 9 a.m. to 5 p.m.: Kitsap Arts & Antique Show/4th Street Market (B) 9 a.m. to 6 p.m.: Farmers Market and Pirate Marketfaire (P) 10 a.m. to 7 p.m.: Bremerton Boardwalk Festivities, crafts, merchants, food, scuba demos; remote underwater vehicle demos at 10 a.m., noon and 2 p.m.; beer garden, 10 a.m. to 6 p.m.; Kitsap Library story time, 10:30 to 11 a.m., Carrie Kay, 1 to 1:30 p.m., Northwest Navy Band, 5 to 7 p.m. (B) 10 a.m. to 2 p.m.: Kitsap Harbor Regatta (both) 10 a.m. to 4 p.m.: Kitsap Car Cruz (B) 10 a.m. to 5 p.m.: Murder Mystery Weekend Registration & Clue Gathering (P) 10 a.m. to 6 p.m.: Bay Street Merchants’ Beer Garden; separate kids’ root beer garden (P) 10 a.m. to 7 p.m.: Historic military vehicle display (B) 10 a.m. to 7 p.m.: Tours of Comanche 202 – Historic U.S Coast Guard Vessel (B) 10 a.m. to 7 p.m.: Tall Ship Tours and Cruises – exact times to be scheduled by ship captain (B) 11 a.m. to 5 p.m.: B.O.O.M Pirates at the Marina Park (P) 11 a.m. to 1 p.m.: Pirate Costume Contest (adults, kids, pets) (P) 11 a.m. to 5 p.m.: Kids’ Pirate Zone (Mermaid Cove) (P) 1 p.m.: Kids’ Pirate Story Time (kids ages 2-5) at the Port Orchard Library (P) 1:30 to 2:30 p.m.: Land Lubbers Pirate Dingy Derby Race (P) 4 p.m.: Free movie (Blackbeard’s Cove) at Port Orchard Library (P) 6:30 p.m.: Pirate Ball at Moon Dogs Too, music by Soulstice, (kids welcome until 8 p.m.) 8 a.m. to 10. a.m.: Pancake Breakfast at Amy’s On The Bay benefiting the South Kitsap Helpline (P) 10 a.m. to 7 p.m.: Tall Ship Tours and Cruises – exact times to be scheduled by ship captain (P) 10 a.m. to 5 p.m.: Tours of Comanche 202 (B) 10 a.m. to 5 p.m.: Bremerton Boardwalk Festivities (see above); beer garden 10 a.m. to 5 p.m.; Kitsap Library Storytime 10:30 to 11 a.m.; Freckles Brown Band, noon to 2 p.m.; freestyle 3 to 5 p.m. (B) 10 a.m. to 6 p.m.: Bay Street Merchants’ Beer Garden/separate kids’ root beer garden (P) 11:30 a.m. to 4 p.m.: Murder Mystery Weekend continues (P) 11:45 a.m. and 2:30 p.m.: Coroner’s report: Hear the gritty details surroundin’ the murder and piece the mystery together. (P) Noon to 2 p.m.: 23rd Annual Seagull Calling Contest Contest (P) Noon to 2 p.m.: “Seagull” Wings Cook-Off (amateur setup at 9 a.m.) (P) 4:30 p.m.: Murder Mystery reveal and cannon show (P) Note: Monday events are held in Bremerton only. 10 a.m. to noon: Memorial Day Service, USS Turner Joy (DD951) 10 a.m. to 3 p.m.: Bremerton Boardwalk Festivities; 10 to 10:50 a.m., Carrie Kay Patriotic Songs; 11 a.m. to 12:30 p.m,. Synergy Dance Company; 1 to 3 p.m., Joey Dean Band 10 a.m. to 3 p.m.: Tours of Comanche 202, historic Coast Guard vessel May 26, 2011 Art, Bremerton, City of Port Orchard, Entertainment, Food, Friday Afternoon Club, Military, Parks and Recreation, Port of Bremerton, Sailing, Things to Do on The WeekendKitsap Harbor Festival ← Dave of Dave’s Killer Bread coming to Silverdale What does LT in OKC stand for? Throwing dirt clods at Bremerton. → Enter the word yellow here: Banner Forest Bremerton City Council Bremerton School District City of Port Orchard Coast2Coast for Cancer Fathoms O' Fun Friday Afternoon Club Gorst Kitsap Harbor Festival Kitsap Humane Society Kitsap Regional Library Lary Coppola Manette Bridge North Kitsap School District Olympic High School Port of Bremerton Port Orchard City Council Port Orchard Police Department South Kitsap South Kitsap Education Association South Kitsap Helpline South Kitsap High School South Kitsap School District South Kitsap Soccer Club Central Kitsap Illahee Kitsap Peninsula Living Lite Name that Kitsap Locale North Kitsap Old Churches Peninsular People Peninsular Poetry port of kingston Port Orchard vs. Bremerton speed table What Runs Downhill PO Resident on Port adds covered pavilion to Port Orchard waterfront Deanna Cox on Renegade rooster finds a flock Vance Vaught on PO Mayor: Don’t call it Myhre’s anymore Michael Steuermann on PO Mayor: Don’t call it Myhre’s anymore Archives Select Month October 2016 September 2016 August 2016 July 2016 June 2016 May 2016 March 2016 February 2016 January 2016 December 2015 November 2015 October 2015 September 2015 August 2015 July 2015 June 2015 May 2015 April 2015 March 2015 February 2015 January 2015 December 2014 November 2014 October 2014 September 2014 August 2014 July 2014 June 2014 May 2014 April 2014 March 2014 February 2014 January 2014 December 2013 November 2013 October 2013 September 2013 August 2013 July 2013 June 2013 May 2013 April 2013 March 2013 February 2013 January 2013 December 2012 November 2012 October 2012 September 2012 August 2012 July 2012 June 2012 May 2012 April 2012 March 2012 February 2012 January 2012 December 2011 November 2011 October 2011 September 2011 August 2011 July 2011 June 2011 May 2011 April 2011 March 2011 February 2011 January 2011 December 2010 November 2010 October 2010 September 2010 August 2010 July 2010 June 2010 May 2010 Port adds covered pavilion to Port Orchard waterfront NKSD board reaches out with monthly newsletter City to ring chimes for law firm turning 100 South Colby to celebrate 60th anniversary PO Mayor: Don’t call it Myhre’s anymore Former Sun Community Blogs Archives North Kitsap Beat Speaking of South Kitsap The Bremerton Beat Twitter links powered by Tweet This v1.8.3, a WordPress plugin for Twitter.	cc/2019-30/en_head_0030.json.gz/line212
__label__wiki	0.611647	0.611647	Tata Cap gets Rs 2500 crore from Tata Sons in FY19 By Precious Kashmir on 08/03/2019 Comments Off on Tata Cap gets Rs 2500 crore from Tata Sons in FY19 Mumbai, Mar 7: Tata Capital has received a Rs 2500-crore capital infusion from its parent Tata Sons in FY19 to pursue growth at a time when rivals are facing distress. While half of this amount was received in the quarter ended September 2018, the balance was received in February 2019. The fresh investment is expected to help Tata Capital de-leverage and expand its lending business, where it is sees an opportunity to grow market share. The company provides loans to individuals and businesses through its subsidiaries — Tata Capital Financial Services, Tata Capital Housing Finance and Tata Cleantech. Tata Capital’s chief operating officer (commercial and SME business) Sarosh Amaria said the company has developed a digital lending platform because of which growth in disbursement value is more than 100% for low-ticket loans to small and medium enterprises (SMEs). Digitally, SME clients are served up to Rs 2 crore with an average ticket size of Rs 75 lakh. “We are looking to quickly grow the low-ticket business to over Rs 1,000 crore during FY20,” he said. Financial services is an area where the conglomerate feels that the Tata brand is under-leveraged. The $111-billion Tata group is not among the top financial services players in the country. The conglomerate believes that there’s a big opportunity for a household name like Tata, especially when the financial services sector is battling a crisis. The group wants to tap into its huge workforce, large network of vendors, dealers and customers to boost its financial services business. Though Tata Group employs more than 7 lakh people and has 100 companies in its fold, Tata Capital doesn’t even cover half of these. According to Amaria, the company follows a strategy of funding channel partners of large corporates — small businesses that either sell to large companies or distribute products from large businesses. In January 2019 alone, Tata Capital has on-boarded more than 40% of its channel finance customers through the digital platform. Tata Cap gets Rs 2500 crore from Tata Sons in FY19 added by Precious Kashmir on 08/03/2019	cc/2019-30/en_head_0030.json.gz/line215
__label__cc	0.553212	0.446788	Revealed Preferences Private sponsorship, not clickbait polls, shows the way to better refugee policy July 12, 2019 July 12, 2019 Sabine El-Chidiac Policymakers and academics will often tell you not to put too much faith in public opinion polls. However, when a poll gets as much traction as one released by the CBC on voter attitudes leading up to an election, one must take notice. This poll of 4,500 Canadians shows that 57 percent believe Canada should not be accepting more refugees. But even to call this a public opinion poll is a stretch. This was not a representative sample—the respondents self-selected into the poll and there is no reason to suspect that they are a representative sample of Canadian attitudes. There is no reason to think that 4,500 self-selected individuals would represent the attitudes of Canadians. In contrast, the Government of Canada reports that 67 percent of Canadians support current levels of immigration and that 88 percent of immigrants and refugees have a strong sense of belonging in Canada. It’s unlikely that immigrants would feel this way if over half of Canadians were actively opposed to more refugees in Canada, or if, as the CBC poll also suggests, 24 percent of Canadians were worried that too many immigrants are visible minorities. Relying on unscientific internet polls is a bad strategy for determining how Canadians believe parties should approach refugee resettlement going into an election year. A plan should be presented to all political parties for consideration that will make refugee resettlement better for Canada and for refugees. That plan is strengthening the private sponsorship program. Canada’s Private Sponsorship of Refugees Program began in 1979 as a response to the massive displacement of people in the aftermath of war in Vietnam, Cambodia, and Laos. Private sponsors are people and associations who voluntarily sponsor a refugee, assuming responsibility for them for at least one year after they arrive in Canada. In the two years following its introduction, Canadians sponsored 35,000 people from Southeast Asia through this program. Canadians’ response to the Syrian crisis shows that this program is still strong, as support groups have been overwhelmed with offers to volunteer, and sponsors continue to plead with the Canadian government to allow them to sponsor more refugees. This, of course, does not line up with the supposed attitudes of Canadians as presented by the CBC’s online poll. Recently, Immigration, Refugees and Citizenship Canada (IRCC) evaluated the early outcomes of Syrian refugees admitted between November 4, 2015, and March 1, 2016. Their study showed that privately sponsored refugees (PSRs) had better outcomes than refugees who are resettled by the government (GARs, or government-assisted refugees). Among PSRs, 83.0 percent reported having help in learning how to shop for food, compared with 69.9 percent of GARs. When buying clothes, furniture and other essentials, 72.4 percent of PSRs reported receiving help, compared with 54.5 percent of GARs. Among PSRs, 63.9 percent were shown how to find a doctor on their own, compared with only 38.8 percent of GARs. And only 32.7 percent of PSRs said they encountered difficulties in learning English and/or French and faced language barriers when they first arrived, compared with 55.1 percent of GARs. The CBC’s poll suggests that Canadians want more emphasis on economic immigration over refugee intake. Let’s accept that this is true. IRCC’s study found that over half of adult PSRs (52.8 percent) reported that they were currently employed in Canada, compared with just 9.7 percent of Syrian GARs. For 53.8 percent of PSRs, learning one of the official languages was the main barrier to finding a job, compared with 82.1 percent of GARs. The challenges of settling and adjusting to life in Canada were cited by 18.1 percent of PSRs but by 32.1 percent of Syrian GARs as the reason why they hadn’t found a job yet. In short, IRCC’s study shows what common sense suggests: that people with a support system in place are able to come to Canada and hit the ground running. This system works so well that countries like Argentina, Australia, Germany, Ireland, Italy, New Zealand, Switzerland, and the United Kingdom have experimented with it. If we take CBC’s word for it and believe that refugee resettlement is a challenge for the Canadian government, there are concrete steps that we can take toward improving it. First, Canada needs to shift immigration levels to accommodate more PSRs. The levels set by the government simply do not match the eagerness of Canadians to act as private sponsors. Instead of responding to private sponsors demonstrating they have the resources and willingness to take on the responsibility for supporting new refugees, the government has capped private sponsorship application intake since 2012 due to its own lack of resources. It is time to reallocate the resources the government allocated to GAR processing and commit them to PSRs. Second, Canada needs to allow sponsorship of applicants fleeing war zones without official refugee status. In 2015, the government allowed some categories of private sponsorship groups to sponsor people fleeing Syria and Iraq who had not obtained official recognition by the UN Refugee Agency or by a foreign state. In late 2016, the government capped the number of people eligible for this type of application in 2017 at 1,000 (reached in just a few weeks) and has no eliminated this option completely. This puts a serious barrier on community enthusiasm to sponsor refugees. The upcoming federal election will likely devolve into the typical political match to determine who can play on the emotions of Canadians more when it comes to immigration, using immigrant intake as a political messaging tool rather than putting forward ideas of substance. CBC’s representation of a self-selected online poll as a meaningful representation of Canadian public opinion provides ammunition to parties hostile to immigration and refugees as a way to stoke fear rather than engage in substantive discussion. There is still an opportunity to instead debate how refugee intake in Canada can be improved in a substantive way, rather than the way that maximizes CBC clicks. It’s time to take a serious look at strengthening the private sponsorship program in Canada. CanCon, Civil society, Immigration, Policy canadian politics, election 2019, immigration ← Fighting hate. Even when it’s hard. Fighting hate. Even when it’s hard. Why we should teach girls (and boys) to be feminists AND individualists Biotech and repugnance Hayek was not a conservative. Here’s why. Janet Bufton on Talking past each other on identity politics Sandy Ikeda on Talking past each other on identity politics Adam Allouba on It Wasn’t Misogyny Marie on It Wasn’t Misogyny Janet Bufton on Bridging gulfs	cc/2019-30/en_head_0030.json.gz/line219
__label__cc	0.621848	0.378152	Thirteen paintings inspired by thirteen songs. It was last October. I was driving through west Texas on a camping trip and had just gone through yet another failed relationship (or more accurately an old love that failed for the millionth time after I repeatedly brought it back from the dead.) I've long found solace in singing along in the car to Taylor Swift's iconic love story ballads, and my love for her album 1989 was no different - even if, musically, it was entirely different from her earlier work. I had been singing along to Taylor for years, with the rest of America. But in September 2015, indie-rock underdog Ryan Adams blew everyone's minds when he released a full cover of Swift's 1989 album. I fell hard and fast for those thirteen songs all over again. I wouldn't call myself a Ryan Adams fan, with the loyalty the word implies. But I have turned up my stereo and tuned out the world to the tune of Come Pick Me Up more times than I care to admit. His music has gotten me (just barely) through some dark times - and not in a dishonest way that asks you to get back up, but in a way that says, "Go ahead and lay there in that ditch, the world can wait while you deal." I'm no music critic, but I'd say, collectively, these two musicians have literally kept generations of loners alive with their gifts. And let's face it, we're all loners really. So there I was, driving through west Texas, wheels under me and open sky above, reeling from my recent heartache, and reluctant to repeat old habits. So I put these 13 songs on repeat (well, 26 songs if you consider the two albums.) I played Taylor Swift's 1989 and Ryan Adams' 1989 over and over and over again through those disarming west Texas sunrises and infinite sunsets. I thought about the Ryan Adams interpretation of those songs, how he could make something so different with the same words, the same songs. I thought about my own experience in art school and how they used to talk about "permutations." The word permutation has a mathematical definition but it essentially means "a rearrangement of elements." And as I drove, as I sang and cried, ate junk food and stopped for gas, those 13 songs became something entirely different. They became paintings in my head. When you can't get a song out of your head, scientists call that "involuntary musical images" - and that's exactly what transpired for me. I couldn't get these paintings out of my head, and for nearly 6 months they have been with me, when I go to bed at night and when I wake in the morning. The only solution is to pluck them from my cerebral cloud and liberate them onto canvas. The final step is to share these pieces with you. I've never been more nervous to release a body of work. I realize I'm treading on sacred ground and perhaps venturing into a world I know nothing about. I hope I'm not perceived as trying to align myself with artists much more established than me, for my own gain. And above all, I hope this work does not offend those musicians or take too much from the bounty they have given. I may not know how to write a song, but I do know what it's like to be the creator of something and to feel like some people want to take what you've created and pass it off as their own, without adding enough of their own vision. I would be mortified if Taylor Swift felt cheated by my permutations, my rearranging of those sacred elements that make up her stories. I can only hope that I've added enough of my own vision to make these paintings a worthwhile addition to the human record, and just maybe keep a few more people alive with an anthem we can all sing. I give you, Rebecca Rebouché 1989. photo by Ollie Alexander how to experience this collection Firstly, I recommend, if you don't own these albums already, that you go to iTunes and purchase both the Taylor Swift 1989 and the Ryan Adams 1989 Cover album. Get to know these songs as not just songs, but stories. I was not born in 1989, but I wanted to keep the reference to the source material. As much as I don't want to pass this off as my own, I also want to give credit where it is due. I have adopted the name of the album as the name of the collection, and the paintings are each named for the 13 songs on the album. In viewing the work you will recognize my signature style of visual metaphor and allegory. Each song has been run through my own filter of personal experience and then written in my own visual language of symbols, color and composition. I will release the paintings similarly to how an album is released, as singles, one at a time. As each painting is posted, it will first be available to everyone to view online, and for purchase as a fine art print through my website. All of the original paintings will be saved for an exhibition at the end. (Date of exhibition to be announced at a later date.) This allows everyone an equal opportunity to purchase the pieces they love, or the entire collection, just like music. Along the way, I will collect names for those interested in acquiring the original paintings prior to, or at the exhibition. The show is something I have a vision for, but have not secured the space to realize that vision. In my commitment to the magic and power of artful experiences, I will continue my search. But the beauty of the internet is that we can have an exhibition every day, and everyone can attend. Join me as I release 13 paintings inspired by 13 songs, over the coming months. Sign the #Rebouche1989 mailing list to be notified of each new painting as they are posted. You can also follow along on instagram and facebook, and/or subscribe to my blog. #Rebouche1989 By signing up, you will receive an email each time a piece is posted. "Starboard" acrylic on canvas 9" x 12" This image is the "cover" image for the collection which will be included with the body of work. I based the painting off of a combination of the two cover images from the Taylor Swift 1989, and the Ryan Adams 1989 Cover album which both included seagulls. I added a sailboat and named it "Starboard" because I liked the reference to the driver of the vessel. The right side of a sailing vessel was originally called "starboard" because it is the side from which the boat is steered. I thought it a nice metaphor for the navigation required of each of us as we sail on such deep waters as ourselves. "This Love" acrylic on canvas 20" x 24" Number 11 on the album: This Love I wanted to paint this sunken ship almost like a ghost that's still alive. It's at the bottom of the ocean, and you wouldn't know it, except that it's flying that kite which resembles a playing card and dangling from it is a golden key. The key is almost close enough to shore to grab it, but the ship (and the love it represents) is so far away. A memory really. So it is, with that kind of love, that comes and goes, is good and bad, comes back from the dead, but is broken. Wildest Dreams acrylic on canvas 40" x 30" Number 9 on the album: Wildest Dreams This piece is about how the memories of a past relationship can follow you around, and tempt you back with delicate strings that pull on you somewhere deep. The fires that first made the flame are the ones that will destroy you if you stay too long in the landscape of dreams. “You see me in hindsight tangled up with you all night, burn it down. Someday when you leave me, I bet these memories follow you around.” It’s all there in the song. When I painted the final flame, I knew it captured the dichotomy of heartache and allure I was going for. Shake It Off acrylic on canvas 18" x 24" The third piece in my 1989 series is number six on the album: Shake It Off. This painting is about more than a catchy tune to rise above rumors, drama or perceived insults. It's about harnessing an inner light that not only allows you to rise above, but creates more light in the process. When I worry that people are saying unkind things about me, or that my true intentions and good nature have been misunderstood, I try to make sure I'm not bristling against the insults and letting them make me feel smaller, but instead flapping my wings and letting glittery shiny pieces of stardust frost the sky from my soaring. I try to shake it off in a way that empowers others to do the same, by shining bright. how you get the girl How You Get the Girl acrylic on canvas 30" x 40" Number 10 on the album: How You Get the Girl The imagery in this piece has personal significance for me, but I'm confident the message is universal. This song and this painting is about the gestures of courtship. It's about the way you feel when you feel like you would do anything to prove your magnetism and devotion. How you get the girl: you go and get the moon and stars, all the constellations, the infinite blue night, and you bring them to her. The night is as blue as you have been without her, and her face is the moon. When the moon is gone, the night is a terrifying abyss. But when the moon waxes, the night seems to smile again. welcome to new york Welcome to New York acrylic on canvas 18" x 24" Number 1 on the album: Welcome to New York This painting is about more than just New York City. It’s about New York as a state of mind. The song references moving to the big city to become who you always dreamed, and being free to shine bright. I wanted this painting to have a childlike shadow-box effect that reminds you the world is a stage, and you can be the main character in your own story. New York as a metaphor means you don’t hold back, you become your best possible self and you light up the night. Style acrylic on canvas 18" x 24" Number 3 on the album: Style This painting is about a love that exists inside a glass bottle of infinite time, where the ocean never ends, the skies are forever blue, and the stories you’ve rooted there are deep enough to last lifetimes. Danger might loom outside, red flags wave wildly on the horizon, but the canopy of branches that cork your world seem enough to keep you sailing on forever. This big ship is a bond that never goes out of style. Bad Blood acrylic on canvas 36" x 48" The release of the 1989 Collection officially resumes now. Stay tuned each Friday for new paintings from the series, throughout October, 2016. Number 8 on the album: Bad Blood This painting uses archetypal imagery to capture universal feelings of tension, betrayal, and reaching a point of no return. With references to Eden, and fruit of knowledge and serpents of evil, the painting captures the spirit of “Bad Blood” on the 1989 album. There is room for interpretation and speculation as to who did what in this story, and where the line between right and wrong really falls. For me this painting is about the struggle we all face in trying to do what’s best for ourselves. The two sides in this story are essentially existing inside one person. The Bad Blood can be the way you come to know something you didn’t know before, and that can’t be undone. The bad blood is the self-knowledge that means you can’t go back to the way it was before. ALL YOU HAD TO DO WAS STAY All You Had To Do Was Stay acrylic on canvas 18" x 24" The next painting in my 1989 Collection is number 5 on the album: All You Had To Do Was Stay This painting takes on a surrealist style to illustrate a line from my journal where I wrote “I built a nest in my heart but the bird left long ago.” The same rings true in the song. “Had me in the palm of your hand…” The blue skies you thought you saw out there were an umbrella I made to protect us from the storms. The love you thought you wanted was right here all along. You left because you thought the storms were in me, but the storms go wherever you go. All you had to do was stay, for one more day, and the day after that and the day after that. I remember when you lost that umbrella with the clouds on the subway. We borrowed another from the hotel lobby and you left it on the streets of New York. No matter how many umbrellas I found for your storms, you still thought the blue skies were somewhere out there. Where are your blue skies now? “It could have been easy, all you had to do was stay.” I Know Places I Know Places acrylic on linen 18" x 24" The next painting in my 1989 collection is number 12 on the album: I Know Places This painting is about the relationship that you feel would work out in the end if you could just find some place to get away. When it seems like haters are clouding the skies over your hearts, it's clear that "love is a fragile little flame, it could burn out." It's about that feeling, of being on the run with someone you love. The feeling that united, you could go anywhere, and survive there together. Even the scariest woods would be safer than being out in the open, vulnerable to attack. Not the real kind of attack our ancestors knew, but the kind that comes today, in the form of rumors, social media messes, lies and toxic speculation. If you could just run, away from real life, if you could just be together, you might just have a chance. "You know for me, it's always you... And I know for you, it's always me." For me this painting also captures the feeling that I sometimes get when I'm trying to be brave. Sometimes to be brave, I first have to go and hide. I build up my inner courage, and then return to the world blazing with my iron shield in hand. I Know Places where I can hide, where I can grow armor in the night, where I can wake to the forest and choose when it's time to fight. I painted this painting in one of those places – In my scary safe woods, where I became strong enough to share it with the world. If you can metaphorically outrun criticism and damaging negativity, you are finally Onto Something. "Let them say what they want, we won't hear it." "They are the hunters, we are the foxes. And we run!" Blank Space mixed media on canvas 48" x 48" The next painting in my 1989 collection is number 2 on the album: Blank Space This painting is about the complicated nature of perception after the battlefield of a relationship has run it’s course. The quest for true love is often full of extremes, and it’s those times of triumph and defeat that become the story we tell. “So it’s gonna be forever, or it’s gonna go down in flames.” We take sides and push the envelope, trying to prove it’s one way or another, hero or villain? Which one will you be this time? Each new love is a chance to start the game over. We go into battle half-knowing that our ally will become our enemy, eventually. The irony for me always lies in the fact that with each new partner, we blindly declare a bond from the start, and charge headstrong into the front lines. When the tables turn, the clouds become swamps, and one of us walks away with the bleeding heart. “Love’s a game, do you wanna play?” It's often the stories we tell ourselves that are the most frightening. I'm laying them to rest so they may join the faithful departed. Fly from me dear ghosts. I want to be free. This painting is about how the process of getting over lost love feels like the bottom has been washed out from under you, your roots are exposed for all to see. “When I was drowning, that’s when I could finally breathe.” This song is all about all the things you wish you or the other person had done differently in a relationship. Only with hindsight can you truly see what was so special about it. My painting for this song is extremely personal and specific to my own memories. This tree holds everything I wished for. A place for hopes to live on, in memory. “I wish you knew that, I’ll never forget you as long as I live.” I live in a treehouse in the woods of South Louisiana where I painted this piece. There is much that can be said about that house, the long journey to getting “out of the woods”. But instead I’ll leave it with just this owl to speak for me. “The monsters turned out to be just trees.”	cc/2019-30/en_head_0030.json.gz/line227
__label__cc	0.652434	0.347566	ShellStockReview Shell Stocks on the Profile List ESESD - Eco-Stim Energy Solutions Inc. TOPIC: ESESD - Eco-Stim Energy Solutions Inc. ESESD - Eco-Stim Energy Solutions Inc. 5 years 6 months ago #1717 twozbots LATEST NEWS ON ESES Eco-Stim Energy Solutions Signs Letter of Intent for Well Stimulation Equipment Financing HOUSTON, Jan 09, 2014 (GLOBE NEWSWIRE via COMTEX) -- Eco-Stim Energy Solutions, Inc. (OTC:ESESD) ("EcoStim") announced today that its Board has approved and the Company has signed a letter of intent with an independent third party lender to provide a minimum of $4 million in financing towards an equipment package currently being procured for EcoStim's growing operations in Argentina. The equipment will serve as collateral under the three year loan agreement. During the period while the loan is outstanding, EcoStim will be required to make quarterly interest payments with the principal due at the end of the three year period unless mutually extended for up to two additional years. The equipment being procured consists primarily of pressure pumping and related equipment. This equipment will be used to conduct operations under the three year agreement (i.e. letter of intent) previously announced on December 19, 2013. The financing for the equipment is expected to close in the first quarter of 2014. The Company's Board of Directors has also approved a purchase order to acquire the equipment required for the letter of intent mentioned previously. Eco-Stim's President and CEO Chris Boswell stated, "This financing is a key milestone for our initial well stimulation operation which is expected to start in the second quarter of this year. We are pleased with the terms of this financing and look forward to working with the lender to complete the transaction as soon as possible. Financing the majority of our equipment needs with minimal dilution to our shareholders has been a key priority for the management team. We believe there are many strong growth opportunities to bring leading unconventional technologies to the international markets and look forward to supporting our customers as they strive to economically develop these valuable assets, starting with the world class Vaca Muerta shale play in Neuquen, Argentina." (Previously VIGS before reverse merger) Press Release... On December 30, 2013, in connection with a lease financing transaction, Eco-Stim Energy Solutions, Inc. (the “Company”), through one of its subsidiaries, entered into an Equipment Sales Agreement (the “Sales Agreement”) with Impact Engineering, A.S. (“Impact”), a Norwegian related party company controlled by the Company’s Chairman and one of its directors. Under the terms of the Sales Agreement, the Company’s recently acquired coiled tubing asset package, which consists primarily of a coiled tubing unit and various pieces of complementary equipment (the “CTAP”), was sold to Impact for $3,500,000 in cash. The Company doesn’t expect to record a material gain or loss on the transaction. Simultaneous with the sale of the CTAP, Impact entered into a 60-month lease agreement (the “Lease Agreement”) with Tango Rock S.A. (“Tango”), an Argentine company established to conduct business in Argentina. Tango is currently owned by two lawyers retained by the Company. The Company has an agreement in place to acquire all of the shares of common stock of Tango for a nominal amount and expects for the ownership change to occur during the first quarter of 2014. In addition, through contractual arrangements with Tango, the Company effectively controls the limited operations of Tango. The terms of the Lease Agreement requires Tango to make monthly payments of $81,439 commencing on February 1, 2014, to prepay the first 12 monthly payments ($977,267) and to maintain a minimum prepaid balance of $488,633. In addition, the Company has also guaranteed all lease payments under the Lease Agreement and made the required prepayment of $977,267 on behalf of Tango. www.sec.gov/Archives/edgar/data/1135657/...214000018/form8k.htm I OWN SHARES IN ESESD PURCHASED IN THE OPEN MARKET.	cc/2019-30/en_head_0030.json.gz/line230
__label__wiki	0.655317	0.655317	Catching up with Ebb, Flow, and Phobos-Grunt Jan 18, 2012 6:42 AM PST \| url Updates on some previous space stories! When I last talked about the twin GRAIL satellites, at the end of December, they were getting ready to get down to business making a gravity map of the Moon. They were also sadly lacking cool names, just having the names "A" and "B," like cats in Dr. Seuss or something. Well NASA held a contest among schoolchildren across the country, and the winning classroom in Montana duly renamed the probes "Ebb" and "Flow." A little too clever for my taste (darn these smart kids these days), but I'm neither a student nor Stephen Colbert and thus have no say in such matters. And back in mid-November I mentioned that an ambitious Russian probe, Phobos-Grunt, intended to scoop up some dirt from the Martian moon Phobos and bring it back to Earth, malfunctioned after launch and got stuck in Earth orbit. It wasn't a stable orbit, and on Sunday Phobos-Grunt re-entered the atmosphere, burning up and scattering pieces across the southern part of the Pacific Ocean. The probe "was one of the heaviest and most toxic space junk ever to crash to Earth," but its flameout was claimed to pose "minimal" risk; only about 200 pounds of material from the 14.9 ton probe--11 tons of that being highly flammable rocket fuel--were supposed to survive to hit Earth's surface; the aluminum fuel tanks were predicted to burst and explode at about 100 km up. The article says that the chief of the Russian Federal Space Agency, aka Roscosmos, acknowledged the probe wasn't really ready, and they'd rushed it to try to hit the narrow launch window for Mars. Their previous attempt at this, 1996's Mars-96, was built by the same company and also malfunctioned and crashed after launch; that one scattered 200 grams of plutonium over the Andes; Phobos-Grunt, on the other hand, only had a tiny bit of the slightly radioactive metal cobalt-57, and was thus much less dramatic. There are some other interesting notes in that article: - "about 100 metric tons of space junk fall on Earth every year" (that seems like a lot :o), and much bigger things have come down in the past without causing major damage, for instance the 85 ton Skylab space station in 1979, and the 143 ton Mir space station in 2001 - "The worst ever radiation spill from a derelict space vehicle came in January 1978 when the nuclear-powered Cosmos 954 satellite crashed over northwestern Canada. The Soviets claimed the craft completely burned up on re-entry, but a massive recovery effort by Canadian authorities recovered a dozen fragments, most of which were radioactive." According to Wikipedia (my ad blocker seems to be blocking their 24-hour self-imposed blackout, neat! Don't tell Jimmy >_>), that recovery effort was called Operation Morning Light, and was a joint Canadian-American operation. Their eight-month recovery operation turned up 12 large pieces of the Russian satellite: image by US Federal Government (source) All but two fragments recovered were radioactive. These pieces displayed radioactivity of up to 1.1 sieverts per hour, yet they only comprised an estimated 1% of the fuel. "One fragment had the (lethal) radiation of 500 R/h, which is 100 times higher than the maximum annual [per-person] radiation level of 5 rem." For these recovery efforts, the Canadian government billed the Soviet Union $6,041,174.70 for actual expenses and additional compensation for future unpredicted expenses; the U.S.S.R. eventually paid the sum of three million Canadian dollars. Neat! And that is probably why we don't have many nuclear-powered Earth satellites anymore...that we know of. >_>	cc/2019-30/en_head_0030.json.gz/line233
__label__cc	0.729596	0.270404	Maisie's Hippy Adventure Cast Change......5th May 2011 ....This is the week that Maisie got her cast changed. The week started on a Bank Holiday Monday, and we had to take her to a&e because the smell from her wound area was so vile me and Alan were almost sick with it. Taking her to a&e resulted in her being admitted overnight to be monitored, with the smell getting so bad in such a short space of time. By Tuesday morning the smell had no changed at all, but Maisie's surgeon was in clinic that morning, so the nurses rang down to inform her that Maisie has been in all night and could she come up and see her. The surgeon came up around 1pm-ish, she said that she was OK for Maisie to go home and was happy for her to attend on Thursday as planned. The surgeon did say that she may need to do a surgical clean of the wound, but that would depend on what it was like once the cast was taken off and examined! If she needed a surgical clean then that would require an overnight stay, just to be observed..... .....Thursday 5th May 2011..... Cast Change day is here, I was up in good timing to make sure I'd packed everything needed and not missed anything, had left myself jobs to do to keep me awake, once I had got ready, checked the bags, they were put by the front door ready to go. I didn't dare sit down in case I fell back to sleep. We left for London at 6am - which would give us enough time to get there - the journey wasn't too bad, and neither was the traffic. We arrived at the hospital for 7.20am, which wasn't too bad at all. Once we had booked in and filled in all necessary paperwork with the surgeons registrar and the anesthetist, Maisie was given a hospital gown to change into, ready for theatre. Maisie was on the first list to go down, but there was a 5 month old baby who would go down before her. Theatre called around 9.30am to say they were ready for Maisie, so we took her down to theatre with a nurse from the ward. Maisie wasn't half as bad to put to sleep as last time, she hardly wriggled or resisted, and was gone in no time. Once she was laid on the bed, we headed back to the ward, the nurse said to go for a cuppa, but to come back in around 20 mins...Sainsbury's awaits....with cheap food and cheap cuppa's, but still really nice for being cheap! Once we were back on the ward, it wasn't long before the nurse came over again to say that theatre had called and Maisie was ready to collect!!! 10.30am-ish we took the walk back to theatre to collect Maisie, when we were close we passed a nurse, who asked if we were going to collect a little girl, so yes was the answer, and the nurse said that she seems very happy. Once we walked into theatre, Maisie was there in one of the theatre staff's arms, all awake and alert, with a BRIGHT PINK cast!!!! Once we were back on the ward, they let Maisie settle in for around half an hour, in that time she drank two cups of juice, so they offered her some toast. Maisie ate two slices of toast, had more juice and fell asleep. The surgeon came to see us and explained that, she pressed and squeezed on Maisie's wound and nothing came out of it, so there is no infection and there was no need to do a surgical clean, and that the smell was on the cast itself, urine was one of the main causes of the smell, (which can happen & is hard to prevent) the redness on the wound is Granulation Tissue, which can sometimes happen, but she cant treat it while in the Spica, but once its been removed she will treat it, even though it is only cosmetic. Maisie's hip socket hasn't grown yet, and although the ball was not fully inside the socket, it had still remained in position! We now have to use Jelonet & gauze on her wound to prevent further infection. Also the surgeon has changed Maisie's hip position, her legs are now wider apart, this is to try and force the socket to deepen on its own, if it doesn't deepen on its own then it would be another operation to scrape the socket deeper. Once the cast is off in 6 weeks time, Maisie will be going into a night-time splint only, but will be free of it throughout the daytime to learn everything again.... ...We have now been home two days, Maisie's is drinking more juice than she was before, the nappy that's needed to insert into the cast is now a size 4, with a size 6 still for the outside to hold it all together. Alan is going to have to make some adjustments to her Spica Chair too, as she doesn't sit in it properly with the new cast, but we have some ideas that were going to try and do. Maisie's not too keen on moving around with the new cast, it looks like she's got a baby bump, so when she's on her tummy she rocks with the curve. I have managed to get a picture of Maisie's wound too.... ....the dark redness is the Granulation Tissue, that will be treated once the cast is off! This new cast is heavier than the last, and is more awkward to pick her up and hold her, but we will get used to it!.... Steph xxxx Posted by stephyxxxx at Saturday, May 07, 2011 2 comments: Links to this post Cast Change coming soon.... .....Maisie is getting her cast changed on Thursday 5th May, we have to be at The Royal London Hospital for 7.30am, and is not allowed to eat anything from 2am, apart from diluted juice until 6am...this I can see now, is not going to go down very well with Maisie! I'm quite nervous about going, as I've been having some really good looks at Maisie's wound, and it doesn't look pretty at all, to try and explain; its like the scar itself has got mushed-up jelly ontop of it! There is a very distinctive smell starting to come back too, but we are unsure if it is the wound itself or the bandage on the inside - this is quite badly stained - I am hoping that while they have her cast off during the change, aswell as all the checks the surgeon is going to be doing, I hope they will wash her right out around her wound, I have been cleaning it myself with Stei-Pod's that we got on prescription, we both think that as I am cleaning it with sterile dressing's each nappy change that this is helping to keep it at bay a little bit. I do wonder should there be any infection still left, what the hospital will do with Maisie to get rid of it keep her in and put her on I.V antibiotics or send her home with what would be her 6th course since having the operation!.. ....Other than that, Maisie is doing great, eating a little bit more than she has been doing, which as a result she is putting a little more weight on from what she lost! Sanny pads are working a treat for through the night!!! I would recommend to anybody facing this situation to "stock up" on them! The Dentinox is working a treat still, which is fab! It does feel like she's a little baby again, having to sit with her while she drinks her milk, and then winding her again! Maisie is on the move so much now its unreal, this past week she has learnt how to flip herself back and forth - only while she's on the bed or sofa - she finds it hillarious, and it keeps her entertained for ages, she was sniping along the carpet this morning, all over, this way, that way, any way she could get herself, watching her as she slides along the floor, her cast bashing into walls or any other object that is in the way, then as she drags herself the cast just slides around the object, the only down side of all the movement this morning, as she is only casted to her knee on her "good" leg, Maisie got an amazing friction/carpet burn on her knee, I have been repeatedly putting sudocream on it today to get it to heal asap!... Steph xxxx Posted by stephyxxxx at Monday, May 02, 2011 No comments: Links to this post stephyxxxx My name is Steph, Mummy to Maisie, diagnosed with Congenital Dysplasia of the Hip........this is our journey ► 5 February - 12 February (1) ► 9 March - 16 March (1) ► 18 August - 25 August (1) ► 25 November - 2 December (1) ► 14 October - 21 October (2) ► 6 May - 13 May (1) ► 8 January - 15 January (1) ► 4 December - 11 December (1) ► 30 October - 6 November (1) ► 28 August - 4 September (1) ► 31 July - 7 August (1) ► 24 July - 31 July (1) ► 3 July - 10 July (1) ► 12 June - 19 June (1) ► 5 June - 12 June (1) ► 15 May - 22 May (1) ▼ 1 May - 8 May (2) ► 24 April - 1 May (1) ► 3 April - 10 April (14) ► 13 March - 20 March (2) ► 27 February - 6 March (3) ► 20 February - 27 February (6) Hope The 'Hip' Hippo Available to buy now!!	cc/2019-30/en_head_0030.json.gz/line238
__label__wiki	0.563781	0.563781	Home / Biography / Renn Hawkey – Vera Farmiga’s Husband Renn Hawkey – Vera Farmiga’s Husband Renn McDonnell Hawkey New York City, New York, U.S. Birth Sign: William Stevenson "Bill" Hawkey Penelope "Penny" Sharp Fynn McDonnell Hawkey and Gytta Lubov Hawkey Renn Hawkey was born on 29th March of 1974 in New York City, New York, U.S. He is an American musician, songwriter, film producer, and occasional actor. He is famous for playing Synthesizer for the metal band Deadsy. Renn Hawkey’s net worth is $5 million. He was born to William Stevenson Hawkey and Penelope Sharp. He is married to actress Vera Farmiga. The couple together has two children Fynn McDonnell Hawkey and Gytta Lubov Hawkey. Net Worth and Earnings Renn Hawkey’s net worth is $5 million. He has managed to amass such wealth from his career as a musician, songwriter and film producer. He is also an occasional actor. Renna Hawkey along with his bandmates. Picture source: Deadsy. Renn Hawkey was the third member to join the band Deadsy. On 1st August of 1996, the band released their self-titled debut album. After that, they released two more albums Commencement and Phantasmagore. One of the band’s famous album Phantasmagore is available on Amazon and cost $2.11. He must have earned a considerable amount of money by selling albums. Apart from music, Renn Hawkey is also in the film industry. He has worked as a producer and occasional actor in several movies. He had a cameo role in The Singing Detective and has also appeared on TV series The Returned. Hawkey has worked as a producer in the movie Higher Ground and as executive produce in Unspoken. According to Box Office Mojo, the movie Higher Ground earned $841,733 box office worldwide. We bet Renn probably had received a huge amount of money for his work. Renn Hawkey was born in New York City and grew up in Ossining, New York. He was born on to parents William Stevenson and Penelope Sharp. His mother is an advertising executive who wrote the famous C0ca-cola commercial and father also worked in an advertising company. As of now, Renn Hawkey’s parents own and operate a plant nursery in Ossining named Sundial Farm. He grew up along with four other siblings. Renn Hawkey was born in New York City and grew up in Ossining. Picture source: Getty Images. Renn Hawkey is the third of five other children. He has four other siblings Adam Hawkey, Robin Hawkey, Timothy Hawkey, and Molly Hawkey. His elder brother Adam is a film compositor and colorist, Robin is a chiropractor. His other brother Timothy is a marketing managing director and Molly is an actress & comedian. Renn also has two half-siblings from his father’s first marriage, William Hawkey who is headmaster of The Pennington School and Elisabeth Hawkey, a Corporate Chef. Relationship and Wife Talking about Renn Hawkey’s relationship status, he is married to Vera Farmiga. The couple tied their wedding knot on 13th September of 2008 in a private ceremony. During their nuptials, Farmiga was five months pregnant. Renn Hawkey along with his wife Vera Farmiga. Picture source: Getty Images. Renn Hawkey’s wife Vera Farmiga is an actress just like him. The couple started dating since 2004 after they met on the set of Touching Evil through a mutual friend, Allen Hughes. Since then Renn and Vera are still together holding each other’s hands. The couple welcomed their first child Fynn McDonnell Hawkey on 13th January of 2009 in Rhinebeck, New York. Hawkey and Farmiga welcomed their second child Gytta Lubov Hawkey on 4th November of 2010. Keep connected with SuperbHub for News, Entertainment, and Biography. Tags: Celebrity Babies, Celebrity Couple, Celebrity Marriage, Celebrity romance, Fynn McDonnell Hawkey, Gytta Lubov Hawkey, Penelope Sharp, Renn Hawkey, Richest Celebrity, William Stevenson Hawkey Rosanna Pansino – American YouTuber Adam Nagaitis – Chernobyl Star David Dencik – Chernobyl’s Actor Ron McGovney – American Musician Ashley Madekwe – Secret Diary of a Call Girl’s Star Hannah McCloud – American Actress Colm Feore – American-Canadian Film Actor John Paul Reynolds – Stranger Things’ Star	cc/2019-30/en_head_0030.json.gz/line241
__label__wiki	0.665021	0.665021	Head of Naftogaz: Gazprom cancelling gas transit through Ukraine Thursday, March 21, 2019 12:00:25 PM Gazprom has started the process of officially notifying the countries bordering Ukraine that the transit of gas through the territory of Ukraine will stop from the beginning of next year, Head of Naftogaz Andriy Kobolyev said in an interview with RBC Ukraine. “Gazprom is already officially notifying the countries that border Ukraine or are dependent on our transit that there will be no transit of gas from the beginning of 2020,” Kobolyev said without citing any sources. In March, the Bulgarian authorities said that they had received a similar letter from Gazprom Export. RBC news agency reported, that Gazprom denied sending any official notifications to Bulgarian authorities about their intention to stop gas transit along the Trans-Balkan corridor from January 2020. In early March, Kobolyev had expressed concerns that Ukraine may completely lose gas transit after the construction and launch of the Nord Stream 2 gas pipeline. “We will lose the entire transit. Because there is also the Turkish Stream, which is likely to have been built and launched by 2019,” he said. Ukraine was expected to sign a new gas transit contract with Russia. The current agreement expires on December 31, 2019 but the parties have not signed a new one. “In order to make the conclusion of an agreement possible, we have a fairly simple negotiating position. Either Gazprom signs a contract, thus automatically removing the CTA from our claim, or, we are sorry you have to compensate for it,” Kobolyev said in an interview with RBC Ukraine. Naftogaz, Ukraine, Gazprom, Kobolyev, Nord Stream - 2, Europe	cc/2019-30/en_head_0030.json.gz/line245
__label__cc	0.582313	0.417687	Home > People Vandelanotte Amatus Born in Poperinge on April 6th, 1851, Amatus Vandelanotte became the parish priest of Hooglede on March 19th, 1911. In the late summer of 1915, a group of intoxicated German bakers were crossing the market place in Hooglede, when junior officer Cadts noticed a light shining from the church tower. As there was no doubt in their minds that the parish priest was working as a spy for the Allies, the group made towards the parsonage to wake the parson. Vandelanotte received death threats en was chased up the steps of the church tower. In the meantime, one of the drunken bakers had reached the house of the municipal treasurer, where senior German officer Eulert was quartered. The baker was looking to inform the officer of their ‘important catch’. Awoken by all the commotion outside, senior officer Eulert hurried to the church tower to release parson Vandelanotte from the hands of the drunken bakers. There had indeed been specs of light, originating from the church tower, but they turned out to be a reflection of the moonlight on the church clock. Nevertheless, the parson was summoned to a hearing a few days later. Through the interference of officer Eulert, he was acquitted. In spite of the outcome, Amatus Vandelanotte never recovered from the shock of the events. He died shortly after, aged 64, on Christmas Day, 1915. He was given an honourable funeral 5 days later. The service was led by the dean of Roeselare, E. De Saegher, and attended by Rittmeister Blume, the Ortskommandant of Hooglede, and the General der Artillerie, Alfred Ziethen. Hooglede would remain without a parson until 1919. Saelen Emiel Emiel Saelen was the son of the fruiterer and fishmonger in the Statiestraat in Lichtervelde. Espionage and resistance During the First World War, all belligerent countries developed extensive espionage networks. Hooglede-Gits On Schuwe Maandag, the German army violently captured Hooglede-Gits, causing many civilians to flee. Download the free WWI app Discover this website	cc/2019-30/en_head_0030.json.gz/line248
__label__wiki	0.777646	0.777646	Home View All Posts Columbus Blue Jackets, Sport Not Enough Play On “The Inside” Overshadows 45 Shots For The CBJ In 3-1 Loss To The Buffalo Sabres The Columbus Blue Jackets lost by a final score of 3-1 on the road to the Buffalo Sabres on Tuesday night—making it six consecutive games for the Jackets without scoring more than two goals in regulation. The last thing CBJ Head Coach John Tortorella had to The CBJ Will Go For Their Third Consecutive Victory Tonight With A Matchup Against The Buffalo Sabres The Columbus Blue Jackets (25-16-3) will be in Buffalo, New York this evening to face the Sabres (10-24-9). The puck drop is scheduled for shortly after 7:00 PM ET. The Columbus Blue Jackets have been about as unpredictable as a Rubik's Cube this season—with up-and-down momentum CBJ “Just Kept Playing”: Overcome Late Two-Goal Deficit And Head Back To Columbus With 3-2 OT Win The Columbus Blue Jackets were in Toronto, Canada last night on the back end of a back-to-back and found themselves trailing 2-0 with five minutes remaining in regulation. What happened from there could end up being a catalyst that sparks the team for the rest The CBJ Have A Chance To Get Their Swagger Back With A Matchup In Toronto Against The Maple Leafs The Columbus Blue Jackets (24-16-3) will be up north this evening as they'll face the Toronto Maple Leafs (25-16-2). The puck drop is scheduled for shortly after 7:00 PM ET. The Columbus Blue Jackets are only 5-6-2 in their last 13 contests. Since the clock struck Jackets Avoid Late Disappointment, Defeat Panthers In Shootout on Sunday Evening In their first game at Nationwide Arena of 2018, the Columbus Blue Jackets took their fans on a wild ride on their way to securing two points against the Florida Panthers. The Columbus Blue Jackets have scored two power-play goals in a single game twice this The CBJ Are Back Home Hosting The Florida Panthers On Sunday Evening After a brief two-game road trip in Dallas and Denver, the Columbus Blue Jackets (23-16-3) will take on the Florida Panthers (17-18-5) at Nationwide Arena on Sunday. The puck is scheduled to drop shortly after 5:00 PM ET. After winning five games in a row to Tortorella & Fans Alike Are Left “Hoping” For Offense As The Avs Defeat The CBJ By A Final Score Of 2-0 The Columbus Blue Jackets were shut out on the scoreboard on Thursday evening in a 2-0 loss on the road to the Colorado Avalanche. The temperature outside isn't the only thing that's been ice cold for Columbus, Ohio, as their hockey team's offense has only scored Columbus Blue Jackets Look To Remain Undefeated In 2018 With A Road Game Against The Avalanche The Columbus Blue Jackets (23-15-3) will be on the road this evening with a matchup against the Colorado Avalanche (20-16-3). The puck drop is scheduled for shortly after 9:00 PM ET. While there's no place like home, going on the road can sometimes serve as a Bobrovsky Stands Tall, Bjorkstrand Delivers In 2-1 CBJ Road Victory Over The Dallas Stars In 2018 Debut You can't write 2018 without 28. Oliver Bjorkstrand (who dawns the number 28 on his jersey) scored two third-period goals for the Columbus Blue Jackets, securing a 2-1 victory for the club and also ended a three-game losing streak in the team's debut performance of Jackets Face The Stars In Dallas In First Matchup of 2018 The Columbus Blue Jackets (22-15-3) hit the road tonight to face the Dallas Stars (22-15-3) at the American Airlines Center in Dallas, Texas. Puck drop is scheduled for shortly after 8:30 PM ET. Although Tuesday's game between the Jackets and Stars features two teams with identical Columbus Must Win Game 6 To Stave Off Elimination & Force A Game 7 In Boston Jackets rally but ultimately come up short in wild game 5 Jackets Look to Get Back on Track in Game 5 Showdown Jackets, Bruins Set For Game 4 Bout At Nationwide Arena Frustration Mounting for Bruins as Bob, Jackets Take a 2-1 Series Edge @The6i4 On Twitter Our mission is to deliver content about food, craft beer and sports in a way that has never been done before. Starting with Columbus, Ohio. We are the6i4.com 6i4 Twitter Stream 6i4 Instagram Stream	cc/2019-30/en_head_0030.json.gz/line250
__label__cc	0.54298	0.45702	Gaiser Music has always been very important in the life of Jon Gaiser. From a young age he played piano and drummed in a punk band. But everything changed abruptly at the age of 14, when he attended his first techno party with none less than Richie Hawtin on the decks.Impressed by the energy and the rousing sounds, it was clear which direction he would take. He stayed true to the music, but chose electronic music for his future projects. Thanks to this decision, he is now one of the best producers in the electronic music scene and is known for his distinctive sound and his unique live sets. Inspired by Richie Hawtin, the Detroit native Jon is now an integral part of the Minus family.	cc/2019-30/en_head_0030.json.gz/line257
__label__wiki	0.680862	0.680862	Home / Our Faculty Dr. Mary Acri PhD, LCSW (CT) \| mac2281@nyu.edu Adjunct Lecturer Mary Acri is a Senior Research Scientist atThe McSilver Institute for Poverty, Policy and Research, and Research Assistant Professor at New York University School of Medicine. Main professional/research interests: Developing and testing innovative practices to facilitate the detection of mental health problems amongst children and families living in poverty-impacted communities, and connecting them to services; maternal depression; peer-delivered services. Acri, M., Bornheimer, L., Jessell, L., Flaherty, H., & McKay, M. (in press) The impact of caregiver treatment satisfaction upon child and parent outcomes. Child and Adolescent Mental Health. Acri, M. C., Bornheimer, L., O’Brien, K., Sezer, S., Little, V., Cleek, A., & McKay, M. M. (2016). A model of integrated health care in a poverty-impacted community In New York City: Importance of early detection and addressing potential barriers to intervention implementation. Social Work in Health Care, 1-14. Acri, M., Hoagwood, K., Morrissey, M., & Zhang, S. (2016). Equine assisted activities and therapies: Enhancing the social workers’ armamentarium. Social Work Education, 1-10. Acri, M., Hooley, C.D., Richardson, N., & Moaba, L.B. (in press). Peer models in mental health for caregivers and families. Community Mental Health Journal. She received her PhD from New York University. Dr. Theresa Aiello MS, MSW, PhD \| theresa.aiello@nyu.edu Since retiring from her tenured position as Associate Professor, Dr Theresa Aiello has continued directing the Post Master's Certificate Program in Advanced Clinical Practice. She also teaches Social Theory and Clinical Practice for the DSW program at NYU Silver. Dr Aiello has continued her scholarly work on narrative, oral history, psychoanalysis and social theory. She recentedly presented her oral history project on Homesteaders of the East Village last summer 2016 at the Psychohistory conference at New York University, at the Narrative Matters Conference in Victoria, B.C. and gave a paper on teaching social theory and oral history at the Oral History Association in London. She has been an invited speaker at the AAPCSW conference scheduled for March 2017. Dr Aiello has been consultant to many mental health agencies including the Jewish Board of Family and Children's Services. Her interests include the intellectual history of psychoanalysis and clinical social work. Other areas of expertise include: attachment theory, trauma and contemporary issues of child and adolescent treatment. She has also written on child treatment and on children and the arts. Dr Aiello, taught in the PhD program and MSW programs at NYU Silver. She was Chair of Human Behavior and helped to develop the Focused Learning Opportunity program in Child and Adolescent Treatment for the MSW program. Dr Aiello developed many courses including the first course in Object Relations Theory for the MSW program She co directed the Advanced Certificate in Child and Family Therapy for several years. Dr Aiello received the New York University Distinguished Teaching Award in 2000. She was elected to the National Academies of Practice in Social Work as distinguished practitioner. She also teaches at the National Institute for the Psychotherapies Psychoanalytic Program. Dr. Walter Alvarez \| wa1@nyu.edu Darren Arthur MSW, LCSW, OSW-C \| dpa210@nyu.edu Darren Arthur is a bilingual, English/Spanish, practitioner with expertise in oncology, palliative and end-of-life care, mental health, HIV/AIDS and LGBT clinical practice. He presents on these subjects both locally and nationally. Darren currently works as an Oncology Clinical Social Worker at Beth Israel Comprehensive Cancer Center and as a group facilitator with Gilda’s Club New York City. He has taught in the BSW, MSW and post-graduate programs at NYU SSSW, and is a Certified Field Instructor supervising MSW students. Darren has a Post-Master’s Certificate in Palliative and End-of-Life Care and in 2011 was selected as a Fellow for the NYU Social Work Leadership Fellowship in Palliative and End of Life Care. In 2013 Darren was awarded the Emerging Social Work Leader Award from NASW NYC - recognizing exemplary leadership qualities, dedication, and unique commitment to the social work profession and improvement of social and human conditions. Darren sits on the NYU Silver School of Social Work’s Dean’s Advisory Council. Denise Arzola \| arzold01@nyu.edu Christine Ascanio-Acosta \| caa2070@nyu.edu Dr. Emily Atwell \| et818@nyu.edu Ms. Nicole Avallone MSW, LCSW \| nca208@nyu.edu Nicole Avallone, LCSW, currently serves as Deputy Director of Programs and Policy at the New York City Lesbian, Gay, Bisexual, and Transgender Community Center, where she previously served as Director of Youth Services from 2011 until 2015. Prior to joining The Center, Ms. Avallone served as program director of the only government-funded psychosocial club specifically geared toward LGBT adults living with mental illness, and worked as a psychotherapist and later program director at a harm reduction and HIV/AIDS service organization in the Bronx. With over 20 years of direct practice and management experience, Ms. Avallone’s areas of interest and expertise include LGBT identities and communities, youth work, substance use and harm reduction, HIV/AIDS, intimate partner violence, among others. Ms. Avallone completed her Masters in Social Work at New York University in 2004, where she has served as an Adjunct Lecturer, teaching courses including clinical practice and group work, since 2014. Karen Bagnini MA, MSW, LCAT, LCSW \| kb142@nyu.edu Ms. Bagnini is a licensed creative arts therapist and clinical social worker who has practiced in schools and out-patient mental health clinics in Boston + NYC for 19 years. She completed her Master of Arts Degree in Expressive Therapies at Lesley University, and obtained her MSW from the Silberman School of Social Work at Hunter College of the City University of New York. She has presented nationally on community-building, anti-oppressive practice, and social and emotional learning in school communities and has held positions in direct service, clinical supervision, and program management. Ms. Bagnini's style of engagement attempts to foster individual strengths and collective understanding of identified problems as well as barriers to continued growth and learning. She embraces a firm commitment to ongoing professional development that includes how self-awareness impacts professional competence. Ms. Bagnini is also a practicing musician (piano, guitar, and voice) and has published scholarly writing about creativity, culture, and the practice of psychotherapy. Meaghan Baier MSW, LMSW (NY) \| meg.baier@nyu.edu As the Assistant Director of Strategic Operations at McSilver Institute for Poverty Policy and Research, Meg is an integral part of the team that manages the ongoing work of the Managed Care Technical Assistant Center (MCTAC) as well as a variety of other projects. As part of the team, Meg helps to oversee the daily operations of MCTAC as well as numerous on-going partnerships and the development of trainings, tools, and resources to support ongoing healthcare transformation work. Meg is a graduate of Hunter College’s Silberman School of Social Work’s Community Organizing, Planning and Development and has been invited to be a guest speaker at various Hunter, NYU, and Columbia's master social work classes. Meg is interested in supporting individuals and communities in implementing sustainable and effective interventions and programs. Prior to her graduate studies, Meg lived in Alaska working as an advocate for survivors of intimate partner violence and as a program coordinator for children who had experienced abuse and neglect. Ms. Baier is passionate about social justice and trauma informed practices and has a background in the development and implementation of community violence presentation plans and working within child welfare reform. Wendy Bassett MSW, LCSW-R \| wendy.bassett@nyu.edu Gwendolyn (Wendy) Bassett, MSW, LCSW-R, is a psychotherapist with a private practice in Midtown Manhattan. She specializes in working with men and women who seek recovery from the aftereffects of trauma. Wendy’s expertise is posttraumatic stress disorder (PTSD); brief, evidence-based cognitive behavioral therapies for PTSD with individuals, groups, and couples; and veteran postdeployment mental health. In addition to her clinical work, Wendy is a Cognitive Processing Therapy (CPT) for PTSD trainer and consultant. For more than a decade, she worked with veterans with PTSD at VA Connecticut Healthcare System in West Haven, CT. A graduate of Smith College School for Social Work, she is an Assistant Clinical Professor of Psychiatry, Yale School of Medicine, and an Adjunct Lecturer at NYU Silver School for Social Work. Besa Bauta PhD, MPH, MSW \| besa.bauta@nyu.edu Besa H. Bauta is an Adjunct Assistant Professor at New York University’s - Silver School of Social Work, where she teaches clinical and research courses. She is also the Chief Data Officer and Chief Compliance Officer for MercyFirst, a social service agency providing health and mental health services to children and adolescents in New York City, with a concentration of programming in Brooklyn and eastern Long Island. In that capacity she oversees the Research, Evaluation, Analytics, and Compliance for Health (REACH) department including policy and program development. Previously she served as the Research Director for a USAID community-based education project in Afghanistan, and as the Senior Director of Research and Evaluation at the Center for Evidence-Based Implementation and Research (CEBIR) at Catholic Guardian Services, where she oversaw the implementation of thirteen evidence-based models. She has received extramural funding from both city, state, federal agencies, and foundations for program development and research projects. Besa has extensive expertise in health services, data systems, monitoring and evaluation, including child maltreatment, trauma, and refugee mental health. She holds a BA in Anthropology from Rutgers University with training in Evolutionary Anthropology. Her credentials also include an MSW in Clinical Social Work from NYU’s Silver School of Social Work, an MPH in Global Public Health from the College of Global Public Health at NYU, training in psychoanalysis from the Institute of Psychoanalytic Education, affiliated with NYU’s Medical School division of Psychiatry, and a PhD with training in implementation science, health services research from NYU. Her current research interests focus on health systems, global mental health, and integrating maternal and child health services into primary care, with a special focus on children living in low resource settings and Sub-Saharan Africa. Dr. Janet Becker PhD, LCSW \| jeb8@nyu.edu Dr. Becker has a private psychotherapy practice in New York City. She has had extensive training and experience as a psychotherapist in individual and group therapy. Her areas of expertise include living with chronic illness, caregiving, and end-of-life issues. Dr. Becker's publications include articles in The Journal of Health and Social Work, The Journal of Social Work with Groups, and in The Allegro (monthly newspaper for local chapter of American Federation of Musicians). She earned her MSW from Hunter College (CUNY) in 1979, and her PhD in Clinical Social Work from New York University in 1999. Linda Lee Bederman MSW, LMSWR (NY) \| llv2@nyu.edu After obtaining my MSW from Fordham University, most of my career has focused in the field of Mental Health. I have worked in inpatient psychiatry, community based mental health clinics, and forensic mental health clinics in NYC at Rikers Isalnd and with the Department of Juvenile Justice. Within these settings, I have practiced as a clinician, clinical supervisor, field instructor, Unit Chief, Clinic Director, and Mental Health Director. Currently, I am in private practice and for the past eleven years, I have been at NYU as both a Faculty Advisor and Adjunct Professor. My approach to treatment is eclectic, that is using different approaches based on the needs of the client. Some of these approaches include psychodynamic psychotherapy, strengths perspective, cognitive behavioral therapy, and mindfulness with children, adolescents, individuals, families and couples. Erin Patricia Beischer \| eo280@nyu.edu Jennifer Benetato MSW, R-DMT, LCSW (NY) & (HI), LMT (NY) & (HI) \| jbb331@nyu.edu Jennifer Benetato is an educator, integrative psychotherapist, trauma specialist, and the founder of The AMBIKA Method, an embodied psycho-spiritual approach for enhancing emotional wellbeing. Jennifer received her MSW from NYU, where she was the recipient of the Constance McCatherin-Silver Fellowship. Jennifer is also a registered dance/movement therapist, licensed massage therapist, certified yoga therapist, and trained practitioner of EMDR, gestalt therapy, Reiki, meditation, herbal medicine, and CranioSacral therapy. Jennifer was a presenter in NYU's first conference on Creative Arts and Social Work in 2015. She has also presented at NASW’s Social Work in the City Conference and NASW’s Addictions Institute Conference. She is a regular lecturer on mind-body-spirit approaches to mental health. Jennifer is licensed in New York and Hawaii, and works with individuals, couples, and groups. She is currently in private practice. Dr. Lawrence K.W. Berg \| lkb2@nyu.edu Dr. Robert S. Berger PhD, MSSW, LCSW \| rsb4@nyu.edu Robert S. Berger is in full-time private practice. His area of expertise is outpatient psychotherapy with children, adolescents, and adults. Dr. Berger earned his MS in social work from Columbia University in 1978 and his PhD in clinical social work from the NYU Silver School of Social Work in 2000. His dissertation explored self-perceptions in latency age children with Familial Dysautonomia. Karen Bernstein \| kb55@nyu.edu Barbara Biermann MSW, LCSW, RPT (Registered Play Therapist) \| bb2030@nyu.edu Barbara Biermann is an NYU graduate and has worked with children and families for 25+ years. Currently employed by the New York Department of Education she serves children, families, teachers and administrators in the PreK 4 All program. She teaches parent workshops and is a faciliatory of teacher professional learning (Thrive). Other experiences include Heath and Hospitals Corporation (child psychiatry and pediatrics), preventive service (PPRS/ACS) and Columbia University – Teachers College where she taught a play therapy practicum course in the Clinical Psychology Department for several years. Professor Biermann continues to supervise MSW interns in the field. Ellen Blaufox LCSW-R (NY) \| eb2370@nyu.edu Ellen Blaufox, LCSW-R is Director of Clinical Services at The Mann Center (The Jewish Board), the largest psychiatric, residential treatment facility for adolescents in New York State. Ellen has been working with adolescents, adults and families, survivors of chronic stress, trauma and mental illness for twenty years. During her time at The Mann Center, Ellen has had the opportunity to participate as a Core Team Member (for JBFCS) in the National Child Traumatic Study Network Learning Collaborative with the founders of TF-CBT. She has been practicing TF-CBT for nearly ten years and has provided consultation and supervision for TF-CBT clinicians. Additionally, Ellen was a Core Team Member of the implementation of the Sanctuary Model on the Westchester Campus of JBFCS. She participated in the adaptation and implementation of the Sanctuary Model from an adult modality to the adolescent population. She is an expert in the field of Trauma and CSEC (youth who are survivors of Commercial, Sexual Exploitation). Ms. Blaufox has been an Adjunct Professor at New York University Silver Graduate School of Social Work for six years, where she teaches Diversity, Racism, Oppression and Privilege. She has also taught Trauma and Resilience at Iona College. Ellen is the Founder of True Edge Workshop whose mission is to empower girls and women by challenging their cognitive distortions and increasing their practice of self-compassion. She is a well-respected authority and has been presenting workshops on such topics as white privilege, feminism, self-abuse, trauma and depression for more than ten years. In addition, she is a contributor to Mary Pender Greene’s chapter “Family and Children’s’ Services” in the publication Encyclopedia of Social Work with Groups. Ms. Blaufox is in private practice in Westchester County. She is a graduate of Skidmore College, NYU Silver School of Social Work, Circle in the Square Theater Summer School and NYSSA (Julliard). Mitchell C. Borgida LCSW, QCSW, BCD \| mcb2@nyu.edu Mitchell Borgida earned his MSW from Adelphi University in 1984 and a post-master’s certificate in advanced clinical social work in 1994. Dr. Lindsay Bornheimer PhD, LCSW \| lab654@nyu.edu Dr. Bornheimer is a Postdoctoral Research Associate at the Washington University in St. Louis Brown School of Social Work and a Postdoctoral Research Fellow Affiliate at the New York University McSilver Institute for Poverty Policy and Research. She has published in peer-reviewed journals and her program of research focuses on understanding and preventing suicidal death among adults diagnosed with schizophrenia. Dr. Bornheimer is contributing to several NIMH funded mental health focused R01 studies at McSilver and is also a data analyst for NYU Langone Medical Center and Planned Parenthood. Dr. Bornheimer obtained her PhD from New York University and holds a Master's degree in Social Work from Columbia University. She completed clinical training at New York Presbyterian Hospital to obtain her license (LCSW) in New York State and has practiced psychotherapy for over 7 years with individuals, couples, and families. Dr. Bornheimer has also studied at the Beck Institute, which is globally considered the gold-standard for training in CBT, and largely utilizes cognitive and behavioral approaches in practice. Vicki Breitbart MS, MSW, EdD, LCSW \| vb20@nyu.edu An accomplished public-health leader, Dr. Breitbart has dedicated her career, spanning 40 years, to improving health services. Many of the programs, partnerships, and policies that she helped initiate serve as models for other urban centers across the country. She recently served as Director of the Health Advocacy graduate program at Sarah Lawrence. College, Vice President of the Department of Planning, Research, and Evaluation, which she created at Planned Parenthood of New York City (PPNYC), and served as Senior Vice President and Director of the Clinician Training Initiative at PPNYC, as well. She has held positions as Project Director at the Columbia School of Public Health for a national study, funded by the Ford Foundation and the Robert Wood Johnson Foundation, and served as Deputy Director of the Office of Women’s Health at the New York City Health and Hospital Corporation. Prior to that, she served as Program Management Officer at the Bureau of Maternal and Child Health at the New York City Department of Health, where she managed the 300-staff initiative to reduce infant mortality in the city. Working with community and government partners, her accomplishments include founding the first Bereavement Program in New York City for families experiencing perinatal loss, establishing the Brooklyn Perinatal Network. In recognition of her work and leadership abilities, she was elected President of the Public Health Association of New York City in 2010 and has served as Chair of the Board of the National Abortion Federation. Dr. Breitbart is presently on the Board of Directors of the Reproductive Health Access Project and the Advisory Board of the Civil Liberties and Public Policy Program at Hampshire College. Dr. Breitbart has taught at CUNY School of Public Health, Mailman School of Public Health at Columbia University, and New York University. Her publications include books on education and articles on reproductive health and intimate partner violence for peer-reviewed journals. Eric Brettschneider MA, JD \| eb14@nyu.edu Eric Brettschneid erentered human services in 1967. After 10 years directing QSPCC and pioneering preventive strategies, he joined NYS Social Services and oversaw the Child Welfare Reform Act. As Deputy Commissioner at NYC’s HRA, Eric promoted preventive services, created The Child Protective Training Academy, and emphasized avoidance of sibling separation in foster care. He developed decentralized social services at HRA and at Agenda for ChildrenTomorrow. He then was United Way of NYC’s Senior Vice President. He was Chief of Staff at OCFS and in 2014 ACS’s First Deputy Commissioner. Eric has B.A. and M.A. degrees in Psychology from Colgate University and New School University and JD from Hofstra University. He teaches in NYU’s SCA, Gallatin and Silver schools where he was “Outstanding Teacher” in 2004. He is President of NYFC and VWB Foundation and a Doris Duke Foundation advisory board member. He is co-chair of the NYS OCA Committee on Court Interpreting. Eric was a 2005 Wasserstein Fellow at Harvard Law School and was awarded the Public Justice Award from Hofstra University in 2015. Douglas Brooks MS, LCSW-R \| dcb6@nyu.edu Mr. Brooks is an Executive Manager with Community Counseling & Mediation and serves as the Director of Ruby's Place. Ruby's Place provides supportive permanent housing to formerly homeless adults with disabilities. He also consults with other social service agencies to implement new initiatives or to assess program functioning. Mr. Brooks has 25 years of social service experience working in the fields of child welfare, early childhood education and mental health. As an agency executive, he has managed multi-million dollar programs and services to help strengthen families, to help young people reach their full potential, and to help adults with disabilities leading meaning productive lives. Mr. Brooks has extensive experience working in the private non-profit, government and academic sectors. He also has experience with the provision of social services at the direct practice, policy and executive level and is able to develop and integrate programs, services and systems to serve our most vulnerable populations. Mr. Brooks earned his MS of Social Work from Columbia University in 1994. Mr. Brooks also completed Columbia University's Non-Profit Management Program and Harvard University's Executive Leadership Program. Dr. David S. Byers PhD, MSW, LICSW (MA) \| dsb286@nyu.edu David S. Byers, Ph.D., MSW, LICSW is a researcher and clinician focused on clinical social work with adolescents and young adults. He studies the role of peer relations to promote resiliency in the face of bullying, cyberbullying, and other forms of peer aggression and social oppression. He has expertise in clinical theory and practice with individuals and groups, especially related to diagnosis and assessment, development, trauma, and LGBTQ topics. Dr. Byers has published theory and research articles in academic journals, and recently a chapter on DSM-5 for the fourth edition of Inside Out and Outside In. He has also published essays for popular audiences in Time and Slate. Dr. Byers is on the Council on Sexual Orientation and Gender Identity and Expression (CSOGIE) for the Council on Social Work Education. He completed his MSW at NYU in 2006, and his PhD at Smith College School for Social Work in 2016. Dr. William D. Cabin BA, MA, MSW, MPH, PhD, JD, LMSW (NY), LSW (NJ), LSW (PA) \| wdc1@nyu.edu William Cabin is also an assistant professor of Social Work at Temple University and adjuncts at NYU, Columbia, Hunter, and the University of Michigan. Dr. Cabin’s areas of expertise are gerontology, home health care, hospice, program evaluation and management. He has authored numerous articles and made numerous presentations on the limits of Medicare coverage of Alzheimer's disease patients and the impact of for-profit ownership on home health care quality. He earned his JD from NYU Law School in 1972; an MA in sociology from The New School in 1973; an MSW from the University of Michigan in 2004; a PhD in social welfare from CUNY in 2009; and an MPH from Hunter in 2011. Dr. Claire Cammarata PhD, LCSW \| cc576@nyu.edu Dr. Cammarata has been the Deputy Director of the New York City (NYC) Office of Labor Relations Employee Assistance Program (EAP) since June 2016. She was the former Clinical Director of the New York City Fire Department’s Counseling Services Unit for over 15 years. Dr. Cammarata received her M.S.W. from Fordham University in 1994. She acquired her PhD in Clinical Social Work from New York University (NYU) in 2008. Her dissertation is titled: “September 11th, 2001 and The Fire Department City of New York (FDNY): A Search for Growth.” Based on her work, Dr. Cammarata was named a Fahs-Beck Scholar in 2006 and received the NYU Greenstein Award in 2007. In addition to her position at the NYC EAP and NYU, Dr. Cammarata has a private practice in Manhattan that serves adults and adolescents. Dr. Cammarata has provided numerous professional presentations focused on mental health issues among the emergency service population and has several journal publications on this topic. Stephanie Campbell MA, MS, MSW \| smc797@nyu.edu After receiving her MA from Columbia University, Stephanie worked as a journalist until she was hired by Powers, Crane & Company. Lobbying led her to the New York State Assembly and the New York State Senate, where she honed her policy and legislative skills. While working for a former chairman of the Senate Education Committee, Stephanie pursued her MS in Adolescent Education at the University at Albany to become a high school social studies teacher. After teaching for a few years, she went on to receive her MSW/CASAC-T training at the New York University Silver School of Social Work. It was there that she began working at the macro level on a variety of legislative advocacy issues focused on addiction and recovery. Stephanie joined Friends of Recovery – New York (FOR-NY) in 2015 and worked at the state and national levels to reduce stigma, advocate for changes in public policy, and promote a culture of recovery. In 2018 Stephanie joined the Office of Alcoholism and Substance Abuse Services (OASAS) as the NYS Behavioral Health Ombudsman Program Director. Dr. Alma Carten \| alma.carten@nyu.edu Bobby Casiano \| bnc224@nyu.edu Gabriella Cassandra MSW, LCSW (NY) \| gc85@nyu.edu Gabriella is Director of Social Services at Mott Haven Academy Elementary School. There she develops and oversees our trauma sensitive approach to education. Gabriella is especially interested in culturally competent social emotional approaches in schools. Gabriella approaches all her work from an attachment based and intersubjective lens. Gabriella graduated from CSSW in 2006 and has been a proud member of the Bronx Social Work community since then. Donna Cavalluzzi MSW, LCSW-R (NY) \| dmc2157@nyu.edu Donna is the Deputy Director of Social Work. Is affiliated with H + H/Elmhurst Hospital. Her Focus is Psychodynamic/Developmental Psychology, and she has a Certificate in Psychodynamic Psychotherapy from NYU School of Medicine/Psychoanalytic Institute. Julia Chan LCSW (NY) \| julia.chan@nyu.edu Julia Chan received her MSW degree from and has taught at the Columbia School of Social Work. She completed a postgraduate training program in family therapy at the Ackerman Institute, and has been on faculty since 2013. Julia immigrated to the United States from Hong Kong as a teenager. She is fluent in Cantonese and Mandarin. She has over ten years of social work experience in community settings. She has worked with public assistance applicants, families struggling with domestic violence, immigrants, and people affected by cancer and/or mental illnesses. Currently she sees individuals, couples and families in her private practice in Manhattan and Brooklyn. Her work integrates systems, relational, feminist, and social justice approaches, as well as Buddhist psychology and mindfulness practices. Whether in the classroom or therapy room, Julia strives to pay close attention to the interplay between intersectionality and the therapeutic or classroom process. Dr. Katherine Charlap PhD, LCSW \| kc275@nyu.edu Dr. Katherine Charlap earned her M.S.W. and Ph.D. at NYU Silver School of Social Work. She is an Adjunct Professor at New York University's School of Social Work where she teaches in the School’s Masters Degree and Advanced Certificate Programs in the areas of domestic and family violence practice and policy. In addition to her work at the School, she maintains a full-time private practice. In her previous position, as Director of Clinical Services in the Kings County District Attorney’s Office, Dr. Charlap developed and implemented a comprehensive social service program designed to meet the needs of victims of domestic violence, sex crimes, and child abuse whose perpetrators were being prosecuted by the agency’s legal staff. She personally wrote and was awarded more than 4 million dollars in federal and state grant monies for the D.A.’s Office Counseling Unit, and she participated as a member of the multidisciplinary team which established the first Felony Domestic Violence Court in the State of New York. She is the recipient of a National Science Foundation Dissertation Support Grant, as well as a Fahs-Beck Fund for Research and Experimentation Doctoral Dissertation Support grant. In addition, she has been awarded the Diane Greenstein memorial fellowship from New York University Silver School of Social Work, and an Influencing State Policy Grant in recognition of her dissertation entitled "Counseling and Advocacy Services for Intimate Abuse Victims: A Study of Recidivism in a Mandatory Prosecution Jurisdiction." Dr. Luc Olivier Charlap \| mhc219@nyu.edu Dr. Marie-Helene Charlap \| mhc219@nyu.edu Dr. Benjamin J. Charvat MSSW, PhD, LCSW \| bc10@nyu.edu Benjamin Charvat is research director at the Center for Innovation through Data Intelligence (CIDI) located in the Office of the Deputy Mayor for Health and Human Services, Office of the Mayor, the City of New York. In this capacity, Dr. Charvat supervises cross-agency research projects to inform citywide policy in the health and human services field. His areas of research interest include child welfare, youth development, youth violence and justice. In addition, Dr. Charvat’s interests include LGBTQ youth involved in child welfare and justice services. He has held various senior government and nonprofit positions to advance policy and research as well as improve client services. Dr. Charvat earned his MSSW from Columbia University in 1988 and his PhD from Columbia University in 1999. Dr. Charvat was a recipient of a fulltime Columbia University Teaching Fellowingship while pursing his doctoral degree. Select Publications: Baker, A.J.L., Ashare, C. & Charvat, B.J. (2009). Substance use and dependency disorders in adolescent girls in-group living programs: Prevalence and associations with milieu factors. Residential Treatment for Children and Youth, Vol 26, p. 42-57. Baker, A.J.L. & Charvat, B. (2008). Research methods in child welfare. New York: Columbia University Press. Charvat, B. (2002). Working for lesbian, gay, bisexual, transgender and questioning youth: A view from management. Focus, 9(4)5-8. Debra Chatman-Finley MS, LPC (NJ) \| dcf5@nyu.edu I have a private practice in Somerville and Montclair NJ where I provide individual and couples therapy. In addition to my Master's degree from the College of St Elizabeth, I have certifications in marriage and family therapy, traumatic stress, childhood sexual abuse and domestic violence. The focus of my private practice is the therapeutic treatment of the various forms of trauma ranging from abuse and neglect, to the traumatic effects of micro aggressions. While I'm trained in a number of therapeutic techniques including EMDR, they're practiced from a multicultural perspective. In addition to my therapeutic work, I've done numerous presentations on subjects such as "Examining Race Through Trauma Lens," "Unmasking Race With Interracial Couples," and "Understanding Loss Through Family Play Genograms." Rosa Cho \| rac464@nyu.edu Andrew Frank Cleek \| afc4@nyu.edu Orsolya D. Clifford MSW, LMSW, LCSW-R \| ov222@nyu.edu Orsolya Clifford teaches Human Behavior I and II, Clinical Work with Families, and one-credit intensives on practice with traumatized youth. She is currently a clinician at the Westchester Intensive Day Treatment Program of Rockland Children's Psychiatric Center, a therapeutic program that helps students in emotional crisis transition from hospital to school. Her area of expertise is in working with traumatized youth and their families. Her previous work includes social work in residential settings, foster care, and at Hackensack University Medical Center. Orsolya received her MSW from NYU in 2004 and obtained postgraduate training at the Ackerman Institute for the Family and in CBT for depression and trauma through the Evidence Based Training and Dissemination Center Project at Columbia University. She currently serves as vice president of New York State Society for Clinical Social Work, Rockland Chapter, and maintains a private practice in Nyack, New York. Terrance Coffie BSW, MSW \| tc1864@nyu.edu Terrance Coffie is a 2017 graduate of New York University’s Silver School of Social-Work, where he earned his BSW and MSW with a focus in criminal justice policy and reform. Terrance is currently employed at The Doe Fund, as the PR Coordinator-RWA America. During his tenure at NYU, Terrance interned at McSilver Institute for Poverty Policy and Research. Terrance was named the 2017 NASW-NYC Alex Rosen Student of the Year, the 2016/2017 Excellence in Leadership’s Award Recipient and NYU’s 2016 President’s Service Award Recipient for his development of the College Pathways Program, and led to the founding of Educate Don’t Incarcerate, which assists young men of color and the formerly incarcerated in obtaining higher educational opportunities. His work has been highlighted in Chaney, J.R., & Schwartz, J. (with Coffie, T.) (2017). Chpt. 13: Race, Education and Reintegrating Formerly Incarcerated Citizen. NY. Lexington Books. Brent Cohen \| btk222@nyu.edu Gretchen Cohoon \| gdc233@nyu.edu Ms. Andrea Cole \| arc483@nyu.edu Valerie Coleman-Palansky LMT, MSEd, MSW, LCSW (NY) \| vc255@nyu.edu Phil Coltoff MSW \| phil.coltoff@nyu.edu Senior Faculty Fellow; McSilver Faculty Fellow Philip Coltoff, a national leader and innovator in the field of social service and youth development, led the Children's Aid Society, one of the largest and oldest social agencies in the United States from 1980 to 2005. During this period of leadership the budget of the Society grew from $10 million to $85 million annually and developed trailblazing programs in teen pregnancy prevention, public school reform, and the reintegration of juvenile offenders. These programs have been replicated in 13,000 sites, nationally and internationally. He currently is the Katherine W. and Howard Aibel Visiting Professor and executive-in-residence at New York University Silver School of Social Work. Coltoff is the recipient of numerous leadership awards, including the prestigious William S. White award from the United States Department of Education. Mr. Coltoff currently teaches Executive Leadership in the Not-for-Profit Sector, a six-part seminar series. Mr. Coltoff is the author of five books, including, The Block: One Block in the South Bronx, 1940s – 1980s; At the Crossroads: Not-for-Profit Leadership Strategies for Executives and Boards; and The Challenge of Change: Leadership Strategies for Not-for-Profit Executives and Boards. Katherine Compitus \| kog206@nyu.edu Katherine Compitus is a licensed social worker in New York and New Jersey and a doctoral candidate at New York University’s Silver School of Social Work. Her research focuses primarily on pediatric mental health, attachment theory, and the human-animal bond. She is especially interested in crisis intervention and working with trauma survivors; she is a Certified Family Trauma Therapist and trained in EMDR. Katherine was a teacher prior to becoming a social worker and has almost 20 years of experience working with children and families. Katherine currently works in private practice utilizing an integrative approach that combines psychodynamic psychotherapy, DBT, CBT, Animal-Assisted Therapy, EMDR, and Hypnotherapy. Katherine is the founder and chairman of Surrey Hills Sanctuary, a non-profit organization providing veterinary social work services in New York State. She also works at Orange Regional Medical Center as a psychiatric social worker in the emergency department where she works with clients with all types of mental illness (primarily those that are psychotic, suicidal or homicidal) and all ages, from pediatric through geriatric. Katherine has an MSW from NYU and also a BA in Spanish, an MSEd (Education) and an MA (Biopsychology) from Hunter College. Early in her social work career Katherine provided bilingual social work services at the NYU Hospital for Joint Diseases and was a grief counselor for pet loss at the Animal Medical Center. Dr. Jeanine Costley \| jdc596@nyu.edu Saba Daneshyar \| sd713@nyu.edu Cardacia Davis MSW \| cmd552@nyu.edu Cardacia M.Davis is the field education coordinator for Social work students at Ramapo College. She also works with Intellectually disable adults, supporting them to have a self directing s/ Person Centered Model. She facilitates learning journeys to help inform agencies, families and individuals both nationally and internationally about the persons Centered approach used by Neighbours Inc. She facilitates groups with adolescents and their families. Cardacia's area of expertise in is supporting individuals with Intellectually Disabilities as well as family and group work. She received her MSW from New York University in 2012. Lekeisha Dawkins \| ld447@nyu.edu Kara Marie Dean-Assael LMSW \| kara.dean@nyu.edu Kara has been working with children and families for the past 16 years. She is passionate about helping to create and disseminate programs and practices to improve family mental health. She has worked for the past several years on creating and testing a model to help children and families with behavioral difficulties, called the 4 Rs and 2 Ss for Strengthening Families. She has trained clinicians and supervisors on how to utilize this model with children and families in their clinic settings. She currently works for the McSilver Institute for Poverty Policy and Research where she is the Co-Director of the Clinical Education and Innovation Department and the Clinical Leader for the Community Technical Assistance Center (CTAC). As an innovator, she creates, coordinates, manages, and facilitates various clinical projects both locally and nationally. Two years ago, Kara also co-founded a 501c3 called Fareground Community Cafe, which is a collaborative project with the community of Beacon, NY, where children and families from the entire community can gather to enjoy a healthy meal that functions on a ‘pay what you can’ model. Her interests are in family mental health, best practices in child outpatient mental health settings, food insecurity in the U.S., and community mental health. She earned her MSW from Columbia University School of Social Work in 2001. She has participated in many trainings and courses to further her education. Gopalan, G., Franco, L., Dean-Assael, K., McGuire-Schwartz, M., Chacko, A., and McKay, M. (2014). “Statewide Implementation of the 4 Rs and 2 Ss for Strengthening Families”. Journal of Evidence Based Social Work. 11(1-2): 84-96. Mercado, M., Beharie, N., and Dean-Assael, K. (2014). “Examining the Association Between Food Insecurity and Children's Educational Outcomes”. Accepted Abstract for Society of Social Work and Research Annual Program Meeting, January 2014, San Antonio, Tx. Gopalan, G., Bannon, W., Dean-Assael, K, Fuss, A, Gardner, L, LaBarbera, B., and McKay, M. (2011). “Multiple Family Groups: An Engaging Intervention for Child Welfare Involved Families”. Child Welfare. 90(4): 135–156. Zoila Del-Villar MS, MA, EdD candidate, CASAC \| zdv1@nyu.edu Zoila A. Del-Villar is an Ed.D. candidate in the Department of Social Justice Education at the Ontario Institute for Studies in Education at the University of Toronto. Zoila’s research applies social justice education to the area of field practiucm within higher education. Her knowledge and experience with critical race theory counters the dominate narrative in spaces of learning and contributes to the effective use of anti-oppression and anti-racism in social work curricula at the undergraduate and graduate level. She is currently an adjunct professor at New York University and Lehman College. Dr. Kelly Dennis \| ksd2@nyu.edu Dr. Ralph Depalo PhD, LCSW \| rd96@nyu.edu Dr. De Palo is the Director of Congregate Care for Archcare Senior Life PACE ( Program All Inclusive Care for the Elderly) Program, New York City. His areas of expertise are in clinical practice with trauma , palliative care, and chronic and terminal illness. His current research is in neurobiology and Social Work Practice with autism spectrums and PTSD, particularly with veterans . He is on the scientific advisory boards of Global Stress Initiative, Stand for the Troops and The Huffington Post. Dr. DePalo received a certificate in analytic psychotherapy from The Alfred Adler Psychoanalytic Institute in New York City chartered by The New York State Board of Regents. He received a full two year scholarship for his MSW studies from The National Institute of Mental Health in Gerontological Community Mental Health. He earned a Ph.D from the New York University Silver School of Social Work in 1997 after my scholarship from NIMH. Shirley Depeña \| sdp262@nyu.edu Fabiola Desmont \| fd42@nyu.edu Ms. Victoria Dexter \| vjd204@nyu.edu Aida Diallo MSW, LMSW \| ad2460@nyu.edu Aida Diallo is a Social Welfare and Policies professor at New York University’s Silver School of Social Work. She received her Bachelor of Arts in Sociology at the City College of New York and her Masters degree in Social Work at NYU’s Silver School of Social Work. Aida worked in case management in the New York’s foster care system where she successfully handled caseloads related to children’s welfare and participated in various meetings pertaining to the development and improvement of the New York foster care system. Aida was also employed by the New York City Department of Homeless Services, as a licensed Master Social Worker, and was constantly in contact with clients in need and learned the deep implications of social welfare policies and its impact on service delivery. Aida has taught Introduction to Social Work as well and is a Certified Field Instructor supervising MSW students. She is currently the Supervising Family Case Manager at African Services Committee, a nonprofit organization dedicated in assisting immigrants, refugees, and asylees from across the African Diaspora. Maggie Dickinson \| md191@nyu.edu Robin Donath MSW, LCSW \| rld5@nyu.edu Robin Donath is a clinical social worker in private practice, specializing in working with children, adolescents, and their parents. She is also a mental health consultant at the JBFCS's Child Development Center. She teaches clinical practice classes at the Silberman School of Social Work at Hunter College in addition to teaching at the Silver School of Social Work. Her area of expertise is children and adolescents, with a focus on prevention through working with parents. Robin is a graduate of the NYU Silver School of Social Work. She is also a graduate of the National Institute for Psychotherapy's Three-year Child and Adolescent Psychoanalytic Training Program and the Institute for the Psychoanalytic Study of Subjectivity's One-year Post-analytic Training Program. Straussner, Naegle, Gillespie, Wolkstein, Donath & Azmitia. (2006). The SATOL project: An interdisciplianary model of technology for research-to-practice in clinical supervision for addiction treatment. Journal of Evidence-Based Social Work, 3(3-4),39-54. Donath, R. (2010). When something more is too Much: The case of Paul. Journal of Infant, Child, and Adolescent Psychotherapy, 9(4), 141-150. Dr. Stanley Einstein \| SE68@nyu.edu Stan-Shlomo Einstein, Ph.D., clinical and social psychologist; student; academician; researcher; administrator; journalist (newspaper and radio); editor/author (25 books; 91 topic-oriented special issues of Substance Use and Misuse listed as editor/co-editor (22); unlisted as co-editor (69); journal editor-founder Substance Use and Misuse (1965-2015); Drug Forum; Social Pharmacology; Violence, Aggression and Terrorism;Altered States of Consciousness); consultant, lecturer, conference and training program organizer, exhibit curator, poet, volunteer; awards (Pace Setter award, NIDA; Mayor of Jerusalem Outstanding Volunteer Award). Area of interest: the parameters of failure. Cort Engelken MSW, LCSW-R \| ce9@nyu.edu Cort Engelken is also assistant professor of social work at Ramapo College of New Jersey in their BSW program and clinical consultant at AIDS-Related Community Service. His areas of interest are: violence prevention at all levels: international, domestic violence, bullying, and sexual assault; conflict resolution, mediation, and arbitration; working with HIV+ people; and how to be a good teacher. Cort has a BA with honors Ramapo College of New Jersey and received his MSW from New York University in 1982. Engelken, C. (1987). Fighting the costs of spouse abuse, Personnel Journal, 66(3), 31-34. Danielle Esposito MSW, LCSW \| dhe213@nyu.edu Danielle works as the Lead Social Worker at East Harlem Scholars Academy. She supervises social workers at the elementary and middle schools in addition to working with her caseload of individual, group and family counseling. She has expertise in working with children and their families who've experienced trauma. Danielle also oversees the implementation of trauma sensitive schooling through ongoing workshops and staff support. Danielle actively engages in Anti-Racism work through the People's Institute of Survival and Beyond and continues this work in her school. Danielle has been a field instructor for years. She earned her Masters degree in Social Work from Fordham University and received a BA in Human Development from Boston College. Jaime A. Estades Esq. MSW \| je211@nyu.edu Jaime A. Estades is a Columbia University Adjunct Professor writer, labor and community activist has committed his life to advocacy, education, health and leadership training. In 1996, Jaime founded the Latino Leadership Institute, Inc. The Latino Leadership Institute, a not-for-profit nonpartisan corporation affiliated with the City University of New York, has trained hundreds of individuals on the fundamentals of campaign management and public policy. In October 2015, the Latino Leadership Institute was selected by the White House as one of the Bright Spots of Excellence in Education in the Hispanic Community in the United States. Jaime, who was a Revson Fellow at Columbia University, received his Juris Doctor from the City University of New York School of Law, his Masters in Social Work from the Hunter College Graduate School of Social Work. William Tripp Evans III PhD, LCSW-R \| wre2000@nyu.edu Dr. Evans has been a couple and individual therapist for over 20 years. He is in private practice in New York City. Tripp is a supervisor and on the faculty of the Training Institute for Mental Health (TIMH - a psychoanalytic institute in NYC) 2-year Couple Therapy Program. He has co-led a number of workshops at TIMH and for Advanced Clinical Education Foundation (ACE). Some workshop titles include: Nesters versus Adventurers, Object Relations in Couple Therapy, and Going to the Dark Side: Helping Couples Talk About Breaking Up. Tripp has taught TIMH classes in transference/countertransference. His paper entitled Empathy As Defense in Couples Therapy appears in the 2008 edition of Issues In Psychoanalytic Psychology. Tripp has also written a number of books under his own name and various pseudonyms in the area of humor and reference. Drena Fagen MSW, MPS, LCSW, LCAT \| df509@nyu.edu Drena Fagen is co-founder and the Director of Programs and Adult Services at New York Creative Arts Therapists PLLC, a group practice specializing in the integration of creative arts therapies with best practice and evidence-based psychotherapy treatment. Her area of expertise is in the use of art therapy with high-functioning adults in individual and group psychotherapy and corporate environments. She also specializes in educating social workers and other helping professionals on burnout and vicarious trauma through on-site workshops for community based organizations and on-going therapy groups. She has extensive experience developing and implementing social work-informed art therapy programs in foster care, juvenile justice, and other agency settings. She has received post-graduate training in parent-child interaction therapy (PCIT) and trauma-focused CBT. Drena received a BA from the University of Florida, an MPS (Master of Professional Studies) in creativity development and art therapy at the Pratt Institute in 2001, and an MSW from NYU in 2006. She is a nationally board-certified art therapist (ATR-BC). Ilise Fay \| if2102@nyu.edu Dan Ferris MPA \| dan.ferris@nyu.edu As the McSilver Institute’s Assistant Director of Policy and External Affairs, Dan plays a leading role in efforts to inform policy through community-led research projects and evaluation efforts, drafts legislative testimony and issue briefs, and supports a wide range of health care policy projects in areas including system transformation and Early Childhood Mental Health. Prior to joining the McSilver Institute, Dan spent over six years in government affairs and community engagement roles focused first on higher education and then public health policy. He received his MPA with a concentration in Public Policy from the Robert F. Wagner Graduate School of Public Service at New York University. He teaches Policy I and II as an adjunct faculty member at Touro College’s Graduate School of Social Work and for the past three years an advanced policy course on legislative advocacy at the NYU Silver School of Social Work. Dr. Christine Fewell, PhD, LCSW, CASAC \| christine.fewell@nyu.edu Christine Fewell teaches advanced practice and substance abuse classes at the Silver School of Social Work. She is co-coordinator and faculty advisor of the Substance Abuse and Co-Occurring Disorders Focused Learning Opportunity and associate editor of the Journal of Social Work Practice in the Addictions. She has a private practice providing psychotherapy and supervision. Dr. Fewell has extensive experience working with people with substance abuse problems and their families and has published widely in this area. Other areas of interest include mentalization and its application to clinical practice, social work licensing, and ethical social work practice. She earned her MSW from the University of Chicago, her PhD at the Silver School of Social Work, and a certificate in psychoanalysis at the Institute for Psychoanalytic Training and Research. Straussner, S. L., & Fewell, C.H. (Eds.). (2011). Children of substance-abusing parents: Dynamics and treatment. New York, NY: Springer Press. Ruth Forero \| rmf2115@nyu.edu Rachel Foster, Esq. JD \| rf86@nyu.edu Rachel Foster is Campaign Director for New Abolitionists, a national multimedia campaign to raise awareness about human trafficking. She is a Founding Co-Chair and Executive Council Member of World Without Exploitation, the national coalition working to combat human trafficking and sexual exploitation. She has been an advocate at the Tompkins County Task Force for Battered Women and Sanctuary for Families, a community organizer at Lenox Hill Neighborhood House, and a senior staff attorney and Board Officer at Brooklyn Legal Services, and a Board Member of the Citizens Committee for Children, Brooklyn Bridge Animal Welfare Coalition, Arts and Ideas in Motion, and Community Board Two. Rachel received the New Yorkers Who Make a Difference Award from United Neighborhood Houses for her work representing disenfranchised New Yorkers. She is the President of Heights Advisors, a real estate firm, and a Co-Founder of the Brooklyn Cat Cafe, an animal shelter and adoption center. Fighting Exploitation-Foster helps coordinate efforts to stop human trafficking Monroe France MA in Higher Education, MA in Cultural Studies in Education \| mf60@nyu.edu Monroe France is the Associate Vice President for Student Affairs and Diversity Initiatives at New York University. Monroe has over 20 years of experience as a professional trainer, educator, faculty member, consultant, strategist, and keynote presenter. His areas of research and courses include, social justice education, intergroup dialogue, race and ethnicity, intersectionality, class, global social justice, and gender and sexaulity. He has implemented, and managed social justice and human rights education programs, nationally and internationally. Monroe’s expertise in anti-oppression and social justice work has led to his appearing on MSNBC’s Melissa Harris-Perry Show, regular radio interviews and presenting keynote addresses at national conferences and universities across the globe. He is also an adjunct faculty member in the NYU Silver School of Social Work and the Steinhardt School of Culture, Education and Communication. Monroe currently serves on the board of trustees for the OutRight International and has received numerous honors and accolades, including New York University’s 2012 Distinguished Administrator of the Year Award, the 2014 Trailblazer Award from re:gender (formerly National Council for Research on Women) and the 2016 National Association for Student Personal Administrators’ Diversity Achievement Award. Dina Franchi MSW, LCSW-R (NY) \| df102@nyu.edu Social Work Manager of the Institute of Advanced Medicine at Mount Sinai Beth Israel. My focus is on health and mental health with an emphasis on infectious diseases, trauma and substance use/abuse. I am also the Project Director of a Harm Reduction Program for people who are HIV positive and currently using substances. Focus of this program is the use of CBT, Evidence Based Interventions, Seeking Safety and Motivational Interviewing. In addition I Coordinate the Social Work Graduate internship program at Mount Sinai Beth Israel. I am also certified in Trauma Informed Care. I received my Masters in Social Work from Adelphi University. Efrat Shoshana Fridman MSW, LCSW (NY) \| esf311@nyu.edu Adjunct Lecturer at Lehman College, teaching addictions and gender studies. Clinical Social Work professional with 18 years of experience in clinical and administrative positions, specializing in female addiction, with an emphasis on drug-addicted and dual-diagnosed women and families. Founder of the first single gender Day Center for addicted women, in Israel. Industry workshop leader to Mental Health and Addictions professionals. Current DSW candidate at New York University's Silver School of Social Work. Presenter at "Lisbon Addictions 2017" conference. Publications: Straussner, S.L.A. & Fridman, E. S. (in press). Substance use by urban children. In Phillips, N.K. & Straussner, S.L.A. Children in the Urban Environment: Linking Social Policy and Clinical Practice (3rd ed). Springfield, IL: Charles C. Thomas Dr. Ellen Friedman MSW, PhD, LCSW (NY) \| ef8@nyu.edu Consultant/Supervisor Lower East Side Service Center, Private Practice - Supervision. Expertise in Substance Abuse and Problem Gambling, trained in Mindful Meditation and Psychoanalytic Psychotherapy, Awarded the Make a Difference Award by NYS Commissioner of Substance Abuse. MSW- Hunter Silberman, PhD NYU. Secretary - Stop Stigma. Dr. Mathylde Frontus BSW, MSW, MA, MTS, PhD, LMSW (NY) \| mkf2036@nyu.edu Dr. Mathylde Frontus is the Founder and Principal of MKF Ventures, LLC., a social enterprise operating two consultancies that serve non-profit organizations and other neighborhood institutions. Avant-Garde Consulting offers capacity building services and technical support, and Avant-Garde Behavioral Health Resources offers mental health consultation. From 2004-2016, Dr. Frontus served as the Founder and Executive Director of Urban Neighborhood Services (UNS), a multi-service agency in southern Brooklyn. During her tenure at UNS she also founded two multi-stakeholder coalitions to reduce the incidents of community violence: the Coney Island Coalition Against Violence and the Coney Island Anti-Violence Collaborative. Dr. Frontus earned her BSW and MSW from New York University; her M.A. from the Clinical Psychology program at Teachers College, Columbia University; her M.T.S from Harvard Divinity School; and her PhD from the Columbia School of Social Work. Dr. Martha A. Gabriel MSW, PhD \| martha.gabriel@nyu.edu Retired Associate Professor of Social Work Martha A. Gabriel retired from her position as an NYU Silver Associate Professor in August 2017 after 30 years as a full-time faculty member. She continues to direct the School's Post-Master's Certificate Program in Clinical Supervision as an adjunct faculty member. Dr. Gabriel received both her MSW and PhD in social work from Smith College School of Social Work. Prior to coming to the Silver School, Dr. Gabriel was an associate in the Department of Psychiatry at Albert Einstein College of Medicine and director of social work at the Bronx Municipal Hospital Center. Dr. Gabriel has been a member of the NYU Silver School of Social Work faculty since 1987 and teaches in the human behavior and clinical practice areas. Twice the recipient of the Silver School's teaching award 2011 and the NASW Diego Lopez Memorial AIDS Service Award in 1997. Her areas of interest include health; mental health (particularly HIV); gay, lesbian, and transgender issues; and secondary traumatic stress. She has most recently co-authored an article in the area of lesbian and gay studies titled Utilization of Psychotherapy by Lesbians, Gay Men and Bisexuals: Findings from a Nationwide Survey. Her publications included a book titled AIDS Trauma and Support Group Therapy: Mutual Aid, Empowerment and Connection. Early in the AIDS epidemic Dr. Gabriel worked in group services at the Gay Men’s Health Crisis. Her journal publications reflect a broad range of clinical issues and including such topics as: boredom, group therapists’ countertransference issues, anniversary reactions, co-group leadership, vengeance, self-disclosure in lesbian therapists, and secondary traumatic stress in social work practitioners Elizabeth Galderisis-Kohlmeier \| eag274@nyu.edu Heather Gay LCSW \| heg213@nyu.edu Heather Gay has worked at the Ali Forney Center since 2007, providing services to homeless LGBTQ youth, aged 16-24. Heather began at Ali Forney as the Mental Health Specialist, providing direct-care mental health services. Currently, she is the Deputy Executive Director of Programs, overseeing all mental health, drop-in, and housing program services. Heather received her Master’s in Social Work from New York University in 2007. Additionally, Heather completed a two-year psychotherapy training program at the Institute for Contemporary Psychotherapy, and she is an Adjunct Professor in the Silberman School of Social Work at Hunter College, as well as NYU. Briana Gilmore \| bg91@nyu.edu Elizabeth Gilmore LCSW, CASAC \| eg2341@nyu.edu Ms. Gilmore has extensive experience working in healthcare as a clinician, manager, and administrator with the Department of Veterans Affairs. She has also worked as a manager in the nonprofit field in the antipoverty sector. Her areas of interest include substance abuse, mental health, and medical care. Program management, staff supervision and training are also areas of expertise. Ms. Gilmore holds a BA in Psychology from the City College of New York, an MSW with a concentration in Group Work from the Columbia University School of Social Work, and an MS in Health Care Management from NYU's Wagner School of Public Service. She also has a Certificate in Chemical Dependency Counseling from Westchester Community College. Dr. David Gitelson \| dg100@nyu.edu Ines Gonzalez MSW, LMSW (NY), LP (NY) \| ivg2000@nyu.edu Ines Gonzalez is a LCSW graduate from NYU Silver School of Social Work and is a Licensed Psychoanalyst graduate from the Harlem Family Psychoanalytic Institute. In her career that spans for more than twenty years, Ms. Gonzalez has worked as a private practitioner, an administrator and a clinical supervisor . She has done extensive trainings and strategic planning for several agencies including Good Shepherd Services Training Institute and Planned Parenthood. In her leadership role for the New York State Chapter of the North American Family Institute, she helped to create evidence-based programming and wraparound services for Westchester County youth previously served in restrictive residential settings. As the founding Family Center Director at Neighbor’s Link, a community center for immigrant families in Mt. Kisco, NY, she oversaw several programs for youth and for families with children of all ages. Currently, Ms. Gonzalez works for the NYC Department of Education and is an adjunct at Columbia University's School of Social Work. Melissa Goodman \| melissa.goodman@nyu.edu Melissa Goodman, LCSW, serves as the clinical supervisor of the Mount Sinai Sexual Assault and Violence Intervention (SAVI) Program. She also provides short-term psychotherapy at Mount Sinai Queens in Astoria to survivors of sexual assault, intimate partner violence, and commercial sexual exploitation. A trauma specialist, Melissa earned her Master’s Degree in social work at New York University in 1994. She cut her social work teeth at Elmhurst Hospital in emergency psychiatry by working on a mobile crisis unit before transitioning to SAVI in 2000. She subsequently earned a certificate as a Geriatric Scholar, and one in Executive Leadership in the Not-For-Profit Sector. She received a Declaration of Honor from Queens Borough President Helen M. Marshall for “exemplary leadership” in raising awareness and improving services for victims of domestic violence and sexual assault and their families in October, 2010. More recently, she was awarded the 2016 Woman of the Year award by The Zonta Club of Greater Queens. Melissa transitioned to social work after a successful career as a medical writer/editor. She earned her first master’s degree in journalism (science communication) from Boston University. In that career, she traveled around the world covering medical conventions and reporting on developments in medicine. She won the Vincent Downing Award for Excellence in Medical Communications and ended that career as a Vice President and Editorial Director. As an adjunct assistant professor at the Silver School of Social Work, Melissa teaches “Clinical Practice with Survivors of Intimate Partner violence.” Susan Goodman LCSW \| seg2017@nyu.edu Susan Goodman, LCSW has worked with children, adolescents and adults for more than 28 years, in private practice, schools, and hospitals. She maintains a private practice in Westport, CT and NYC and is an Adjunct Lecturer in the NYU Silver School of Social Work where she teaches about Parent/Child Work. Certified in the psychoanalytic treatment of children and adolescents from The Post Graduate Institute and Institute for Child, Adolescent and Family Studies, she has extensive training and expertise in concurrent parent-child psychotherapy, individual work with tweens, teens and young adults, and in trauma-informed play therapy. Ms. Goodman is most informed by developmental theory, and trained in other modalities that bring about mind/body integration. Areas of clinical focus include trauma, loss, identity development and relationship issues, interplay between culture and identity, perfectionism, and all forms of anxiety and depression. Ms. Goodman earned her MSW at NYU Graduate School of Social Work and an MSJ at Northwestern’s Graduate School of Journalism. Previously, she served as the middle school counselor at Rye Country Day School and as Senior Consultant to ChildFirst, where she trained and supervised clinical directors and their teams in Trauma-Informed Parent-Child Psychotherapy. “The Balancing Act: Concurrent Parent/Child Work,“ Journal of Infant, Child and Adolescent Psychotherapy ( 2017) Vol.16 (4), 252-257 “Traumatic Loss and Developmental Interruption in Adolescence: An Integrative Approach,” Journal of Infant, Child and Adolescent Psychotherapy (2013) Vol. 12 (2), 72-83 Dr. Mara E. Gottlieb PhD, LMSW (NY) & (CT) \| mg182@nyu.edu Dr. Gottlieb is the founder of Talking Changes (www.talkingchanges.com), an anti-oppression training consultancy. Workshops are targeted toward social service providers and address issues ranging from self-care to cultural responsiveness. She received the CT NASW "Distinguished Achievement" award in 2017. Dr. Gottlieb has taught at the graduate and undergraduate levels for over 10 years. Her primary areas of teaching are in Practice and HB, always with an anti-oppression and social-constructionist lens. Her dissertation research measured the impact of self-compassion and self-awareness on the ability to work within a cross-cultural dyad. Her teaching style is collaborative and highly interactive. Dr. Gottlieb's areas of scholarship include the role of self-compassion in social work pedagogy and practice; optimal methods for teaching cultural humility in social work education; structural racism and other forms of oppression; and on the construction and validation of a cultural humility scale. Dr. Gottlieb earned her PhD and MSW from NYU, and her BA from Brown University. Dr. Lena Green DSW, LCSW, CLC \| llg212@nyu.edu Dr. Lena Green, DSW, LCSW, CLC serves as the Deputy Director in the Office of Substance Use Policy, Planning and Monitoring at the NYC Department of Social Services. As a clinical social worker, psychotherapist and fatherhood practitioner, Dr. Green has over 15 years of direct clinical practice with families. Her areas of expertise include fatherhood, child-parent psychotherapy, attachment and perinatal mood disorders. Dr. Green is devoted to promoting open dialogue around the destigmitazation of father absence, mental health in men and ensuring that all children have access to both parents in a safe co-parenting environment. Dr. Green’s work explores risk factors for developing perinatal depression, experiences of young fathers and the impact on paternal involvement and family dynamics. Dr. Green holds a DSW and MSW from NYU, a BA in psychology from the University of Massachusetts at Amherst and several post-masters certificates from Hunter College, NYU and Columbia University. Joan Greenberg \| jpg3@nyu.edu Dr. Rick Greenberg \| rg24@nyu.edu Ronnie Greenberg \| rjg5@nyu.edu Dr. Diane Grodney \| dg6@nyu.edu Fanny Gutiérrez-Meyers MSW \| fanny.gutierrez.meyers@nyu.edu Visiting Clinical Instructor of Social Work Fanny Gutiérrez-Meyers is Visiting Clinical Instructor of Social Work at NYU Shanghai. Prior to joining NYU Shanghai, she was a personal counselor at the College for Creative Studies in Detroit, Michigan. She holds a MSW from Smith College School for Social Work and a BA in Psychology from Haverford College. Ms. Gutiérrez-Meyers’s clinical interests include adolescent development and group therapy. She is a licensed clinical social worker who for the past 12 years has provided individual, group and family therapy for adolescents and adults in a variety of settings including outpatient, school, residential, and partial hospitalization programs. In addition to her clinical experience, Ms. Gutiérrez-Meyers was a Peace Corps Volunteer in Guayaquil, Ecuador as family educator with Fundación Junto con los Niños, a program serving street working children and their families. Katherine Ha \| kh1163@nyu.edu Mariam Habib LCSW-R \| mih218@nyu.edu Mariam I. Habib is a clinical social worker, educator, and trainer practicing in New York City. Since 2006, she has worked at the Sexual Assault & Violence Intervention Program (SAVI) at the Mount Sinai Medical Center, providing trauma therapy and coordinating their internship program. Her practice is focused on working with survivors of sexual abuse and intimate partner violence, with a particular commitment to serving queer, trans, and gender non-conforming individuals. Ms. Habib also has a private practice providing psychotherapy and supervision, and conducts workshops and trainings for service providers and professionals from multiple disciplines. Mariam has extensive experience working in trauma recovery, secondary stress/trauma stewardship, LGBT concerns, and gender identity and sexuality. Areas of interest include intersectionality, spirituality, immigration experience, and identity development. Ms. Habib received her MSW from the New York University School of Social Work, and her BA from Barnard College. Dr. Delverlon Hall EdD, LMSW, LCSW \| dh10@nyu.edu Dr. Delverlon Hall currently operates a private practice on 53rd in Madison Avenue and currently serves as the Assistant Director for the Couple Therapy program at the Training Institute for Mental Health. Also currently serves as a clinical supervisor consultant for Bailey House. For the last 13 years served as the Assistant Director for the Infectious Disease Department at Harlem Hospital Center. Dr. Hall graduated in 2004 with a MSW degree from New York University, in 2004 was hired as a social worker at Harlem Hospital’s HIV/AIDS clinic. In 2010 she was promoted to Program Administrator and became responsible for managing HIV grants and social work services within HIV Services. In May 2012, she graduated from Columbia University, Teachers college with a doctoral degree in Health Education and Behavior Studies. Dr. Hall has completed 5 years of postgraduate training in Psychoanalytical and Couple Therapy at the Institute for Mental Health. For the last 10 years has served as a Field Instructor for Columbia University, and Hunter School of School of Social Work and City College Sophie Davis biomedical program. For the last 5 years, Dr. Hall has been a teaching Adjunct at Bronx Community College. Dr. Hall is fully committed to servicing and empowering individuals. As a clinical provider, she has experience working with individuals who struggle with depression, anxiety, personality disorders, difficulty forming and maintaining meaningful relationships and life transitions. She also has experience working with individuals challenged by trauma (post-traumatic stress, sexual abuse), and chronic medical illness; she has worked with and trained to do couple therapy. Her work focuses on building a stronger sense of self and confidence in order to improve overall functioning. She utilizes a number of treatment modalities and interventions based upon clients' goals and needs. She believes in an integrative approach and works to provide a safe, and supportive environment as a way to promote insight and opportunity for real change. She is especially interested in addressing the health disparities that exist among women of color. Her dissertation work focused on African American Women and Condom Negotiation. Alexandra Haralampoudis MSW \| azg219@nyu.edu Alexandra Haralampoudis is a PhD student at Rutgers School of Social Work and a Presidential Fellow at the Graduate School New Brunswick. Her research focuses broadly on the impact of social policies on families living in poverty, with a particular interest in single-parent families. Previously, Alexandra worked in applied research and program evaluation, as a Research Analyst II at CUNY Office of Research, Evaluation, & Program Support (REPS) and a Research & Evaluation Program Manager at McSilver Institute for Poverty Policy & Research at NYU. Alexandra holds an MSW from NYU Silver School of Social Work and a B.S. in Human Development from Cornell University. Joan Harris CSW, LCSW-R, CPP \| jh89@nyu.edu I received my Master Degree in Social Work from New You University Graduate School of Social Work in 1991, and was lucky to get a job there as an adjunct in 1998 (now called the NYU Sliver Graduate School of Social Work). My areas of expertise are substance abuse and DROP (diversity, racism, oppression and privilege) and I have taught these course regularly over 19 years, specializing in substance abuse both at NYU, and in my full time professional job at a high school. I have also taught Cognitive Behavioral Therapy as well as Social Work practice I @ II. I have my LSCW-R & CPP which focuses on drug and alcohol prevention and intervention. Allyson Hayden \| adh2056@nyu.edu Lisa Henshaw MSW, LCSW \| lah14@nyu.edu Lisa Henshaw, LCSW currently serves as the Coordinator for Licensing and Special Projects at Adelphi University. Her career began working with the homeless population, leading to her passion working with individuals challenged by systemic oppression, mental health and substance abuse difficulties. She worked in the community mental health setting for nearly10 years in direct clinical practice. Ms. Henshaw brings over seven years’ experience teaching at various MSW Programs in New York. She is extremely passionate about teaching and committed to providing an educational experience that embodies socially just and anti-oppressive practice, combined with the ethics and values of our profession. Her teaching style offers multiple methods of learning combining lecture, group dialogue, technology, and small group work to offer an eclectic classroom learning experience. While currently pursuing her doctoral studies, she also maintains a small practice. Her areas of interest include trauma, misdiagnosis, social theory and military social work. Maria G. Hernandez \| mgh260@nyu.edu Marjorie Hertz BA, MSW, LCSW (NY) \| mch4@nyu.edu I have been on the NYU faculty for 29 years, with my focus being the teaching of skills necessary for assessment and engagement of clients of diverse ethnicities, sexual and gender orientations, and levels of ability. I maintain a private practice where I work with a range of clients (including those with mood disorders, adjustment challenges, LBGTQ population and couples). I also run supervision groups for social workers in the field. My practice incorporates aspects of relational and psychodynamic theory along with CBT and the newer trauma-based interventions. I received my MSW from the Smith College SSW, along with Certificates in Family Therapy from JBFCS and Training in Eating Disorders and Compulsions. I co-authored the chapter, Personality disorders, with a special emphasis on borderline and narcissistic syndromes, in J. Berzoff, L. Flanngan, & P. Hertz, Inside out and outside in: Psychodynamic clinical theory and psychopathology in contemporary multicultural contexts (2016). Laura Hickey MSW, LCSW-R (NY) \| lah2010@nyu.edu Laura M. Hickey, LCSW-R received the MSW degree from New York University. She is in full time psychotherapy practice, working with children, adolescents, adults, couples and families in Oyster Bay, NY and NYC. She has both provided extensive training and experience in the subjects of suicide, emergency mental health, disaster mental health, trauma, and crisis intervention. Catherine Hodes MSW, LCSW \| ch130@nyu.edu Catherine Hodes, LCSW, LICSW, was the Director of the Safe Homes Project, a program of Good Shepherd Services, from 1994-2017, providing crisis intervention, counseling, safety planning, shelter, and advocacy to survivors of intimate partner violence. Ms. Hodes currently resides in western, Massachusetts, where she is a clinician, organizer, and consultant. Ms. Hodes conducts trainings about violence and conflict assessment, prevention, and education for social service, medical, and mental health providers, as well as for education professionals and community groups. Ms Hodes is an adjunct lecturer at NYU Silver School of Social Work and the Smith College School for Social Work. She has also served as a field instructor for graduate students from Columbia, Smith, and Hunter’s schools of social work. Ms. Hodes is the author of “Abusing Privilege: Broadening the Domestic Violence Paradigm,” published in Family & Intimate Partner Violence Quarterly, as well as the co-author of " Is It Conflict or Abuse? A Practice Note for Furthering Differential Assessment and Response," in Clinical Social Work Journal. Ms. Hodes earned her MSW from Hunter College School of Social Work. Dory Hottensen MSW, LCSW \| dg2047@nyu.edu Dory is a social work supervisor in Palliative Care at New York Presbyterian Hospital Weill Cornell Medical Center. She is involved in education of medical students, medical residents, nurses and social workers in palliative care and communication. She recently received award in 2017 from Social Work Hospice Palliative Network for excellence in clinical practice. Dr. David B. Howard MSW, PhD \| dh1840@nyu.edu David B. Howard teaches advanced policy and practice courses at the Silver School of Social Work. He has more than 14 years of professional experience in the nonprofit sector, including senior management, program planning and evaluation, fundraising and development, and direct service. David currently works as the Senior Vice President of Research, Evaluation & Learning at Covenant House International, where he leads strategic efforts to achieve positive outcomes for and with homeless youth by building a federation-wide organizational culture that embraces and implements rigorous performance measurement, continual quality improvement, and program excellence. Prior to his work at Covenant House, David was the Director of Research and Innovation at The Doe Fund, one of New York's largest homeless service agencies. and a researcher at the UCLA Center for Civil Society, where he co-authored numerous reports on the nonprofit and philanthropic sector. He recently co-authored a book chapter about the respective nonprofit sectors in New York and Los Angeles in: Halle, D. & Beveridge, A. (2013). New York and Los Angeles: An Uncertain Future. New York: Oxford University Press. David has presented research findings to diverse audiences, from San Francisco to Istanbul, among other local and international geographies. David earned his PhD in Social Welfare from the UCLA Luskin School of Public Affairs, where he also earned his MSW. Jairo Hoyos \| jah315@nyu.edu Andrés Hoyos works currently as psychotherapist in private practice, consultant and trainer. Mr. Hoyos has taught as a lecturer professor and faculty advisor at New York University, Buenos Aires, Argentina; and Adjunct Lecturer at Columbia University School of Social Work in New York City. He currently teaches as an Adjunct Lecturer at New York University in New York City. Mr. Hoyos has provided consulting services for New York City Department of Health and Mental Hygiene - DOHMH, Metropolitan Center for Mental Health, Aldea Counselling Services, New York Pathways and The Lesbian, Gay Bisexual & Transgender Community Center among other agencies in NYC. Andrés Hoyos, has over 25 years of experience in the provision of mental health and social services, with expertise in diverse populations and topics such as LGBT identities/communities, substance abuse, immigration (Psychosocial evaluations for asylum seekers and expert witness in court hearings) trauma/Post-traumatic Stress Disorder (PTSD), Grief & Bereavement and HIV/AIDS among other issues/populations. Andrés Hoyos earned a Master in Clinical Psychology in his native Medellin, Colombia, and a Master in Social Work from New York University. In 2009, he was one of 21 inaugural candidates of the The 21st Century Fellow Program, selected to participate in a year-long program for people of color managers who worked in LGBT national and international human rights services and advocacy organizations that held grants in the Arcus Foundation, the Gill Foundation and the Evelyn and Walter Haas Jr. Fund; and was awarded with the Emerging Leader Award by the NASW-NYC chapter in 2011. Tomoko Iwaki \| tji201@nyu.edu Dr. Susan Jakubowicz PhD, LP, LCSW, CGP, NCPsyA \| sj9@nyu.edu Dr. Jakubowicz is the Founding Executive Director for the the Center for Human Development (A licensure qualifying psychoanalytic institute) Private Practice. She works with individuals, couples and children and has supervision and therapy groups in private practice. Supervises, teaches, lectures and does training. Modern Group, "The Use of Disturbing Countertransference Feelings in Working with AIDS Groups", Vol 1(1), 1996. Modern Psychonalysis, “Enriching the Experience of Teaching Through Understanding and Using Countertransference Feelings”, 1998, Vol 24(2), 1999. MSW, PhD, LCSW Humanitarian Award, 2008, Heed University, College of Psychoanalysis NAAP Certified Psychoanalyst Certified Group Psychotherapist-International Board for Certification of Group Psychotherapists Candice Jarvis \| cj22@nyu.edu Julia Jean-Francois \| jer3@nyu.edu Nadia E. Jenefsky MPS, ATR-BC, LCAT \| nj27@nyu.edu Ms. Jenefsky holds a Masters in Art Therapy from Pratt Institute and a certificate in Child and Family Therapy from NYU. She is co-founder and clinical director of NY Creative Arts Therapists, PLLC, a private group practice with three locations in NYC and the Hudson Valley. She has worked in juvenile justice and inpatient psychiatry. Ms. Jenefsky is a collaborator on "Just Do You", a SSSW research project designed to increase young adult engagement in mental health treatment. She co-authored “Feeling Connected and Understood: The Role of Creative Arts in Engaging Young Adults in Their Mental Health Services.” (Cole, Andrea, et al., Social Work with Groups, vol. 41, no. 1/2, Jan.-Jun 2018, pp. 6-20). She is a guest instructor at a Masters-level expressive therapies training program in Geneva, Switzerland, affiliated with the European Graduate School, and is on the teaching staff of Pratt Institute’s Art Therapy department. Calla Cumi Jo LP, LCSW, NCPsyA \| ccj203@nyu.edu Calla C. Jo sees people for psychoanalytic psychotherapy in private practice as well as at a clinic which serves Medicaid patients. She has worked running groups for APICHA Community Health Center and is on the faculty of the NYS licensure qualifying psychoanalytic institute Center for Human Development. Areas of interest include: history of psychology and psychoanalysis, representations of the mentally ill in the media and literature, human development including current neurological research, and social justice issues around race and poverty. Self financed BA from Yale College in 1988 in English. Graduated from New York University School of Social Work in 2000. Received degree from psychoanalytic institute, Center for Human Development in 2013. A prize winning ballet dancer, Calla taught at the Merce Cunningham Studio in the 1990's, danced with many choreographers and produced her own work as well. Billye Jones \| bjj200@nyu.edu Billye J. Jones, LCSW is an experienced clinician, supervisor, field instructor, administrator, program developer, and relationship builder. Billye incorporates her passion of child sexual abuse treatment, prevention and developing trauma informed programs in her multiple roles. She has performed extensive work with sexually abused children and adults as well as sexually reactive and aggressive youth. In addition, Billye has trained therapists, students, parents, teachers, child welfare staff, attorneys, social workers and many others about issues relating to child sexual abuse. She was involved in all activities related to child sexual abuse prevention, which included panels, newspaper, radio, and television and even appeared in a documentary Billye has a Master of Social Work degree from New York University. She attained a Post Master’s Certificate in Clinical Practice from NYU, an Advanced Certificate Program in Non- profit management from New York Medical College/Fordham University. Jayson Jones MSW, LMSW \| jkj275@nyu.edu Jayson K. Jones, LMSW, is the Assistant Director of Clinical Education and Innovation at the McSilver Institute at NYU Silver, and the Research Coordinator for the Strategies to Reduce Inequality Initiative. Jayson develops and disseminates evidence-based, in person and web-based training for behavioral health providers and those working within poverty-impacted communities. He also assists with the development and coordination of cross-school research focused in the alleviation of systemic inequality. As an adjunct faculty member, Jayson serves as instructor for the Service Learning in Food Insecurity and Diversity, Racism, Oppression, and Privilege courses. His research and practice interests include the study of food insecurity, anti-oppressive practice, and the efficacy of online learning. In addition to his work at Silver, Jayson is the creator and host of the Black Boys and Men: Changing the Narrative podcast. Jayson holds a master’s degree from Columbia School of Social Work. David Kamnitzer LCSW-R \| dk26@nyu.edu David Kamnitzer is a Senior Vice President at ICL, a large behavioral health organization serving adults and children throughout the five boroughs. David oversees programs and residential services aimed towards assisting individuals with serious mental illness reintegrate back into the community. He has been involved in the field of psychiatric rehabilitation and recovery for the past twenty five years. David's areas of interest include working with Young Adults with Mental Illness, Individuals being released from long term incarceration and Staff Wellness. David is very active in a number of committees throughout NYC such as the DOHMH Criminogenic Task Force and serves on the Mayor's HASA Advisory Board. He earned his MSW from NYU in 1991 and attended the Ackerman Institute for Family Therapy and The Eastern Group Psychotherapy Association. Implementation of a Cognitive Rehabilitation Program in an IPRT Setting, Winter 2001, Psychiatric Rehabilitation Skills Janice Katz LCSW (NY) & (NJ) \| jk178@nyu.edu Janice Katz has a full time private practice in Maplewood, New Jersey; Psychoanalytic Psychotherapy and Psychoanalytic Treatment of Addictions; Mourning. Clinical supervision. She received a Masters in Social Work from Hunter College School of Social Work (1991). NASW-NJ Clinical Social Work Supervision Certification (2007) SIFI (20010) National Center for Social Work Trauma Education and Workforce Development Demonstration Project (2010-2013) Lori Greifer Kaufman, LCSW-R \| lbg2059@nyu.edu Lori Greifer Kaufman currently has a private practice in Irvington, New York. She is also a teacher and mentor at the Silver School of Social Work. Her areas of expertise are in Learning Disabilities, ADD/ADHD and other school related issues, differential diagnosis, crises intervention, parent education, child abuse, all issues related to pregnancy, including bereavement following perinatal loss and termination. She earned her BSW in 1982 and her MSW in 1983 from New York University's Silver School of Social Work. She also has an Advanced Certificate in the Treatment of Children and Adolescents. Judith Kellner LCSW \| jk2352@nyu.edu Judith Kellner, LCSW, is a couples’ and individual’s psychotherapist in Private Practice in New York City. She is a Certified Emotionally Focused Therapist (EFT) and Supervisor and is training and supervising therapists internationally in the EFT model. Judith is one of the founding members of the New York Center for Emotionally Focused Therapy (NYCEFT). She has presented internationally on cross cultural couples, trauma and its transmission, and EFT. Judith is published in the Clinical Social Work Journal. Her article titled “Gender Perspective in Cross-Cultural Couples”, and “Interfaith Couples and EFT – A Case Example of Getting to the Heart of the Matter” published in ICEEFT fall 2013 Newsletter and at EFTA (European Family Therapy Association journal). She graduated from the NYU Silver School for Social Work, the Ackerman Institute for the Family, and the International Trauma Studies Program at NYU. She is a Certified Emotionally Focused Therapist (EFT) and Supervisor Eri Kim \| erk236@nyu.edu Mark A.R. Kleiman MPP, PhD \| mak852@nyu.edu Mark A.R. Kleiman is a Professor of Public Policy and directs the Crime & Justice Program at New York University’s Marron Institute. He serves as a member of the National Research Council and is co-editor of the Journal of Drug Policy Analysis. Prior to NYU, Kleiman spent 19 years at UCLA. He also taught at Harvard, where he earned his MPP and PhD. Kleiman began his career on Capitol Hill and then spent several years in the private sector. In 1977, he returned to public service, eventually becoming director of the Office of Policy and Management Analysis at the Department of Justice. Dr. Kleiman’s recent work includes designing domestic and international legal cannabis markets and creating alternative sanctioning models within corrections and probation agencies. He is a frequent blogger and speaker at international conferences, and he is the author of five books on drug and criminal justice policy. Bruce Knotts BA History, MA Education \| bk88@nyu.edu Bruce Knotts was a Peace Corps Volunteer in Ethiopia, worked for Raytheon in Saudi Arabia (1976-80) and on a World Bank contract in Somalia (1982-4), before he joined the Department of State as a U.S. diplomat in 1984. Bruce had diplomatic assignments in Greece, Zambia, India, Pakistan, Kenya, Sudan, Cote d’Ivoire and The Gambia, where he was Deputy Chief of Mission. While in Cote d’Ivoire, Bruce served as the Regional Refugee Coordinator for West Africa. Bruce worked closely with several UN Special Representatives and observed UN peacekeeping operations in Sierra Leone from 2000-2003. Bruce retired from the Foreign Service in 2007 and began directing the Unitarian Universalist United Nations Office (UU-UNO) in 2008. Bruce founded faith-based advocacy for sexual orientation/gender identity human rights at the United Nations and continues to advocate for the rights of women, indigenous peoples and for sustainable development in moral terms of faith and values. Bruce is co-chair of the UN NGO Committee on Human Rights, the NGO Committee on Disarmament, Peace and Security, member of the NGO UN Security Council Working Group, on the Board of the NGO UN Committee on Sustainable Development and chair of the NGO/DPI Executive Committee.the Foreign Service Institute in area studies and diplomatic tradecraft. Dr. Brian Koehler \| bk64@nyu.edu Takako Kono \| takako.kono@nyu.edu Ms. Carol Greiff Lagstein MSW, MPS, LACSW, ATR-BC, LCAT \| cl110@nyu.edu I am the Director of Art Therapy at St. Thomas Aquinas College and I have a private practice where I work with families, couples, and individuals offering psychotherapy, play therapy and art therapy. I am recently retired from my position as a Student Assistance Counselor in the Clarkstown Central School District. My focus of practice is family systems therapy, DBT techniques, traditional psychotherapy, and art therapy. In the past I have traveled with STAC students to St. Petersburg, Russia, to bring art therapy to an orphanage. In May of 2019 I will travel to Beijing to teach a series of 2 courses at the Apollo Institute. I have an MPS from Pratt Institute and an MSW from the Columbia School of Social Work. Monique Lalane MSW, LCSW \| myl260@nyu.edu She is a licensed clinical social worker, with about 10 years of experience in clinical practice. Earned her BS in Psychology from Fordham University, MSW from NYU, and currently a doctoral student at Fordham University. Currently is a clinical supervisor at Bellevue Hospital’s Psychiatry Department. Experience working in a community PROS program, public and private hospitals, in a variety of psychiatric settings, from adult/child/adolescent psychiatric emergency room, inpatient & outpatient programs, collaborative care programs, and medical detox. Extensive experience with group facilitation, with persons with mental illness, co-occurring substance use disorders, and survivors of domestic violence; group curriculum design, and staff development and trainings. Her academic and research areas of interest include, evidence based mental health practice, treatment engagement approaches, and care transitions among those with serious and persistent mental illness. Joseph, A. M., Manseau, M. W., Lalane, M., Rajparia, A., Fuller Lewis, C. (2017). Characteristics associated with synthetic cannabinoid use among patients treated in a public psychiatric emergency setting. The American Journal of Drug and Alcohol Abuse, 43(1), 117-122. Tuchman, E. & Lalane, M. (2011). Evidence based practice: Integrating classroom curriculum and field education. Journal of Teaching in Social Work, 31(3), 329-340. Dr. Paulette Landesman PhD, LCSW-R \| pl367@nyu.edu Dr. Landesman is the Co-Direcot Child & Adolescent Program at the National Institute of the Psychotherapies. She Studied extensively Infant Research and Development and Attachment Theory. She earned her MSW from NYU in 1991. Graduated from NIP 4 year Adult Training Program 1999. Recently received her Ph.D. from NYU in 2011. Lori Landman BSW, MSW, LSW (NJ) \| ll77@nyu.edu Earned an MSW from NYU in 1996. Worked in adult learning, employee assistance and substance abuse tx. Particular interests include world of work and short term/solution focused therapy. Began working at NYU Silver in 2006, assisting the Field Learning Dept with NYC placements. Currently placing all NJ and Rockland county students and doing 2nd year advisement. Melissa Lashley \| mdl365@nyu.edu Dr. Jacqueline M. Lefkowitz MA, MSW, PhD, LCSW-R (NY) \| jml232@nyu.edu Dr. Lefkowitz has over twenty-four years of experience in healthcare specializing in mental health. She has worked with individuals with serious mental illness and chronic medical illness. Dr. Lefkowitz has worked with individuals of all ages, from childhood and adolescence through late life. She was the program director of a clinic serving those with serious mental illness and often, medical comorbidities. She trained at The Child and Adolescent Clinic at The Payne Whitney Psychiatric Clinic as well as the adult inpatient services at Payne Whitney where she led groups for individuals with substance use and depression and late life adults with depression. She has conducted research in identity development and maintenance in chronic illness. Currently, she serves as an administrator at a mental health clinic at which she is also a psychotherapist. Dr. Howard D. Leifman MS, MSW, PhD, LCSW (NY) \| hdl2010@nyu.edu Dr. Leifman is an international recognized expert in the area of human development. He currently advises and consults with corporate clients, consulting firms, not-for-profits and individuals specifically on: career development, executive coaching, change management, counseling, psychotherapy, human resources, out-placement, training, recruiting and staffing and time management. He has been in Private Practice for over 20 years. He has a Masters in Communications Management from Syracuse University, A Masters In Social Work from New York University and a Ph. D. also from New York University. His dissertation is on, "Family of origin roles and adult work roles in relation to employee adjustment, satisfaction, and success." He has guest lectured at Harvard, MIT, NYU, CUNY, Stanford and the College of Aeronautics. He has worked and lived internationally. Allen Levine \| al81@nyu.edu Dr. Linwood Lewis \| ll124@nyu.edu Virna Little \| vl34@nyu.edu Joseph A. LoGiudice MSW, LMSW (NY) \| jal534@nyu.edu Professor LoGiudice is the Director of Disability Access and Compliance at The City College of New York. His focus of practice/research is in disability, LGBTQ, sexuality studies, intersectionality, organizational theories. LoGiudice, J. (2016. Restructure, Reframe DS Offices by Implementing Disability Studies Concepts, Disability Compliance for Higher Education 22 (6), 1, 4 Master of Social Work, NYU, 2008 Kelsey Louie MSW, MBA \| louiek01@nyu.edu Kelsey Louie is the Chief Executive Officer of Gay Men’s Health Crisis (GMHC), the nation's leading provider of HIV/AIDS care, prevention services, and advocacy. He was recently appointed to Governor Cuomo’s Taskforce to End the AIDS Epidemic in NYS by 2020. Kelsey previously served as the Chief Operating Officer of Harlem United Community AIDS Center, Inc., overseeing the agency’s $42M dollar budget and managing operations, administration, finance, development, programs, and healthcare services. Kelsey’s rigorous, data-driven management style, sophisticated evaluation processes and commitment to staff development have brought concrete, measurable results to the lives of clients and staff throughout his fourteen-year career in social services at such as New York Foundling, Veritas Therapeutic Community Inc. and the Jewish Board of Family and Children’s Services. Kelsey holds an MSW from New York University and an MBA from Columbia University. Dr. Karolina Lukasiewicz PhD \| karolina.lukasiewicz@nyu.edu Karolina Lukasiewicz is a Postdoctoral Research Fellow at McSilver Institute for Poverty Policy and Research. Her research is focused on welfare programs addressed to refugees and asylees in the United States. She is also a principal investigator in two projects focused on immigrant communities in NYC. She has been studying the situation of immigrants for over ten years. She received ten various international fellowships and awards for her work with immigrant communities. Her articles have appeared in journals such as International Migration and Journal of Family Issues. Additionally to her academic engagement, Karolina is involved in several clinical initiatives as a case manager, employment trainer and conversation partner in organizations assisting refugees. She is a member of different professional organizations, including Influencing Social Policy and International Association for the Study of Forced Migration. Karolina received her doctoral degree at the Jagiellonian University, the Center for Evaluation and Analysis of Public Policies. Dr. Viktor Lushin \| vbl206@nyu.edu Joseph Madonia LCSW-R, CASAC \| jrm213@nyu.edu Professor Madonia is currently the Director of the Brooklyn Treatment Court where he is responsible for the implementation of policy and planning, oversight of clinical operations, management of federal grants and supervision of staff. He hosts numerous site visits to the court by international dignitaries and local and national visitors. In this role, he also developed and implemented the Brooklyn Diversion, Veterans and DWI courts. Mr. Madonia is currently the chairperson for Brooklyn Treatment Court’s Clinical Advisory Board and the Brooklyn Veterans Stakeholder Board. He also holds several committee memberships including the New York City Drug Treatment Court Regional Work Group and committees for Best Practices on Young Adults and Veterans. In September of 2009 Mr. Madonia was appointed by Governor David Patterson to sit on the New York State Board for Medical Misconduct. Mr. Madonia is the co-developer of the Brooklyn Treatment Court Training Academy. He has conducted training for drug court practitioners through the New York State Unified Court System and the Center for Court Innovation. He has also conducted numerous workshops at the State and National levels. Mr. Madonia served on the curriculum development team for implementing veteran’s treatment courts in New York State. He is presently a certified facilitator in Moral Reconation Therapy. Mr. Madonia is a lecturer on trauma informed care for the National Association of State Mental Health Program Directors. In addition, he serves as a trainer for the National Drug Court Institute, the National Development and Research Institutes and American University. He also maintains a part-time private psychotherapy practice in New York City, where he treats adolescents and young adults with substance abuse and mental health disorders. Mr. Madonia has over 25 years’ experience working with the Forensic and Co-Occurring Disorders populations. Mr. Madonia is a graduate of New York University (NYU), a Licensed Clinical Social Worker and a Credentialed Alcohol and Substance Abuse Counselor. Dr. Michelle P. Maidenberg PhD, MPH, LCSW-R, CGP \| mpm2004@nyu.edu Michelle P. Maidenberg is the President/Clinical Director of Westchester Group Works, a Center for Group Therapy in Harrison, NY where she also maintains a private practice. She is also the President and Co-Founder of “Thru My Eyes” a nonprofit 501c3 organization that offers free clinically-guided videotaping to chronically medically ill individuals who want to leave video legacies for their children and loved ones. She created the Cognitive Behavioral Therapy (CBT) Program at Camp Shane and Shane Diet Resorts and directs and supervised the program. Dr. Maidenberg has advanced training in CBT from The Beck Institute and teaches a Cognitive-Behavioral Therapy graduate course at New York University (NYU). She is a consultant and trainer and often presents at conferences and publishes on the topics of childhood obesity, health and weight management, parenting, childhood development, socialization, general health related issues, trauma, assertiveness training, and group treatment. Dr. Maidenberg completed Cognitive-Behavioral institute training from the Beck Institute in 2009. She earned a Master's in Public Health in 2006 from Hunter College, Urban Public Health - Community Health Education. She earned her Ph.D. in 2001 in Social Work from Yeshiva University, Wurzeiler School Of Social Work. In 1996, Dr. Maidenberg attended the Family Therapy Institute At SUNY Health Science Center At Brooklyn and earned a two-Year Postgraduate Training Certificate in Marital & Family Therapy. She also earned a Post Graduate Certificate in Social Work Administration in 1996 from Hunter College, School Of Social Work. In 1994, Dr. Maidenberg earned her Master's in Social Work from New York University, Shirley M. Ehrenkranz School Of Social Work. Dr. Alissa Mallow MSW, DSW, LCSW, NYS \| malloa01@nyu.edu Dr. Mallow is the Director, Social Work for the Montefiore Medical Group, Montefiore Medical Center Bronx NY, an Assistant Professor, Department of Family and Social Medicine, and adjunct faculty at Adelphi University School of Social Work. Her professional and research interests include treatment of substance using adult survivors of childhood trauma, adult survivors of critical incidents, and provision of collaborative care in primary health care. She has published with colleagues, Blackmore, M.A., Carelton, K.E., Ricketts, S.M., Patel, U.B., Stein, D., Mallow, A., Deluca, J.P, and Chung, H. (in press). Comparison of collaborative care and colocation treatment for patients with clinically significant depression symptoms in primary care. Psychiatric Services; Dr. Mallow is on the Editorial Board of Urban Social Work and a reviewer for Journal of Social Work Practice in the Addictions. Marc Ross Manashil MSW, MPA \| marc.manashil@nyu.edu Marc is a consultant and educator specializing in collaboration and leadership development. After spending his early career in the health care field, Marc went on to pursue an interest in international philanthropy, serving as longtime director of a foundation that organizes global donor circles, as program director for a medical relief organization, and executive director of an NGO working to prevent child mortality in West Africa. Marc studied adaptive leadership while pursuing his MPA at the Harvard Kennedy School from 2009-2010 and served as a Teaching Assistant to Professor Dean Williams. He has since developed and co-facilitated adaptive leadership training programs for non-profit and philanthropic organizations, including an initiative funded by the B. Robert Williamson Jr. Foundation in New York City. Marc serves as a consultant and lecturer at New York University’s Silver School of Social Work where he works to integrate leadership education into the curriculum of graduate and post-graduate executive courses. He developed and co-facilitates NYU’s Adaptive Leadership Fellowship Program where a select group of Master’s level students learn intensively about the framework and apply it in the context of their fieldwork placements. Marc is also a lecturer on leadership at the University of California, Berkeley and California State University East Bay. In addition to his MPA, Marc holds a Bachelor of Arts from the University of California, Santa Barbara and a Master of Social Welfare from the University of California, Berkeley. Karen Manasse MSW, LCSW \| km202@nyu.edu Karen Manasse teaches second-year practice courses at the Silver School of Social Work. She also provides clinical supervision to social workers and consultation on program development to administrators at Harlem RBI and East Harlem Tutorial Program. She also worked at the Mount Sinai Adolescent Health Center, where she supervised social work staff, and at Safe Horizon, where she was the director of the Child and Adolescent Trauma Treatment Services (CATS) program. Karen has expertise in working with children who have experienced trauma, and she provides individual supervision, group supervision, and ongoing training to social workers in Trauma-Focused Cognitive Behavioral Therapy. She also has extensive experience in school social work, both in direct service and supervision of school social workers. She received her BA in English literature from the University of Pennsylvania and an MSW from NYU, where she was the recipient of the Key Pin Award for scholarship and leadership. Shreya Mandal MSW, JD, LCSW (NY), CHt \| sm7819@nyu.edu Shreya Mandal is the Owner of One World Mitigation, a mitigation consulting practice that collaborates with law firms throughout the United States. She has nearly twenty years of combined forensic and clinical experience in capital defense, criminal defense, immigration law, and personal injury law. She has been a qualified expert witness in both federal and state courts since 2005. In addition, she has an evening psychotherapy practice in New York City. Professor Mandal is a Chapter Author in Forensic Social Work: Psychosocial and Legal Issues Across Diverse Populations and Settings, Second Edition. She earned a Master of Social Work degree from Smith College School for Social Work and a Juris Doctorate from Rutgers Law School. Professor Mandal is also a graduate of the Harvard Program in Refugee Trauma, Harvard Medical School, where she received a postgraduate degree in Global Mental Health and Trauma Recovery. Dr. Nelly Marte MSW, PhD, LCSW-R (NY) \| nem271@nyu.edu Nelly Marte has worked in both the child welfare system and private practice for over 25 years. She has counseled families that have been impacted by domestic violence, trauma, physical and sexual abuse and socio-cultural issues. In addition, she is EMDR trained to process trauma. She has worked in New York City her entire career serving diverse communities dealing with immigration issues such as acculturation, separation and reunification. Dr. Marte’s dissertation was on ‘The Experience of Early Parental Separation due to Piecemeal Immigration to the United States Among Dominicans.’ For over 20 years, she has supervised social workers on achieving their professional goals including credentials for the LCSW. She has guest lectured at the Fordham University School of Social Work and has taught topics that include: Basic Counseling Techniques, Play Therapy with Sexually Abused Children, Understanding Your Child's Development, Cultural Sensitivity & Treatment Issues with Hispanic Clients, and Recognizing the Signs of Abuse and Neglect. Lisa Martin LCSW-R, CASAC \| lmm21@nyu.edu Lisa Martin, graduated from Fordham University Graduate School of Social Services. She has worked with adults, children, and adolescents and their families in numerous settings, including public schools, community mental health centers, and psychiatric hospitals. She has broad experience in working with addictions, domestic violence and women’s issues. Ms. Martin is the assistant director of the mental health division at the Montefiore School Health Program, where she oversees the intern initiative for social work students. She received training in family therapy at the Ackerman Institute for the Family, and has been in private practice since 2005. Since 2015, Ms. Martin has served on the board of the Integrated Youth Behavioral Health (IYBH) initiative at the NYU Silver School of Social Work, which is part of a Human Resources & Services Administration (HRSA) grant. Her interests include psychodynamic psychotherapy and the use of mindfulness practices. She trained with Jon Kabat-Zinn of the UMass Medical School Center for Mindfulness. Ms. Martin has been an adjunct instructor at the Silver School of Social Work since January 2016. Porsche Martin MSW, LCSW (NY) \| plm227@nyu.edu Porsche L. Martin, LCSW, is currently in private practice specializing in child and adolescent, couples and family therapy integrating clinical practice with mindfulness, nutrition, exercise and sleep foci, and serves as behavioral health consultant to non-profit organizations as the founder of Martin Professional Psychotherapy and Consulting. Ms. Martin’s research interests include associations between spirituality and mental health, health disparities and oppression, and neuroscience and human behavior. Porsche serves as adjunct lecturer at NYU Silver and Hunter Silberman Schools of Social Work, lecturing in first and second year courses in Human Behavior in the Social Environment and Clinical Practice, and volunteers with the New York City Medical Reserve Corps (NYC MRC). Porsche received the Exemplary Responders Award for her contributions during Hurricane Sandy. She has provided clinical and consulting/management services at Northside Center for Child Development, Mental Health Association, The DOME Project, Safe Horizons and Children’s Aid Society. Ms. Martin received her MSW and post-graduate training in clinical supervision from NYU's Silver School of Social Work and is a Licensed Clinical Social Worker in New York. Dr. Mary R. Mastria MSW, PHD, LCSW (NJ) \| mm239@nyu.edu Dr. Mary Mastria is a psychotherapist who has been in full-time private practice for 20 years working with adults, adolescents and couples. Practice specialties include eating disorders, trauma, mood disorders and relationship issues. She has conducted, published and co-authored research on ethnicity and eating disorders and eating disorders treatment (Eating disorders changes in the DSM-5: Clinical Implications, 2013). She received NJ state certification in child sexual abuse treatment and has advanced training and a doctorate in clinical social work from New York University. Dr. Reji Mathew BSW, MSW, PhD, LCSW (NY) \| rm150@nyu.edu Dr. Reji Mathew is a senior clinical social worker at the Counseling and Wellness division of the New York University Student Health Center. Her interests include health and wellness, health care advocacy, integrative psychotherapy, and coping skills education. She is trained in CBT, DBT, TB-CBT, EMDR, Narrative Thearpy and the Voice Dialogue method. Dr. Mathew earned a BSW from Dominican College and an MSW and PhD from New York University School of Social Work. Dr. Mathew is the recipient of the 2004 Greenstein Fellowship Dissertation Award. She also received an Alumni Service Award for her health advocacy writing from the Dominican College Alumni Association in 2012. Dr. Mathew is a freelance health advocacy writer. She publishes a web-site showcasing her articles on wellness. She has interviewed numerous health advocates and experts in various disability and health communities. She is an Assistant Adjunct Professor at the NYU Silver School of Social Work where she teaches DBT, CBT, Positive Psychology, Mindfulness and Interpersonal Psychotherapy. She is also a member of ASJA - American Society of Journalists & Authors. See her Website for more information - Reji Mathew, PhD - Writer - http://www.rejimathewphd-writer.com/ Amanda Mays MSW, LMSW (NY) \| aab266@nyu.edu Professor Amanda Mays has an extensive background in legal advocacy, training, community practice, policy and program development working in multiple service arenas such as psychiatric facilities, criminal justice facilities, immigration institutions and community settings. Her work has intentionally focused on marginalized communities with intersectional identity impact including those in the disability community, foster care youth, immigrant experience and LGBTQ+ individuals. Her clinical practice areas include complex trauma, grief and loss, affirmative identity formation/development, family/community cohesion and belonging. She currently teaches both introductory and advanced, Social Welfare Policy and Diversity Racism Oppression & Privilege courses, integrating an anti-oppressive practice framework. Additionally, she is an individual and couples psychotherapist with a focus on LGBTQ+ communities of color at Blanton-Peale Counseling Center. She holds an M.S.W from New York University’s Silver School of Social Work and a B.A. in International Studies from Portland State University. Joseph McCarthy \| joseph.mccarthy@nyu.edu Dr. Mary C. McCluskey LCSW, DSW \| mm649@nyu.edu Dr. Mary C. McCluskey, DSW, LCSW, graduated with a doctoral degree in social work from The University of Pennsylvania School of Social Policy and Practice. She earned her masters in social work from Columbia University. She is in private practice in New York City, as well as a senior candidate in training at The American Institute of Psychoanalysis. Dr. McCluskey has taught social work at New York University, The University of Pennsylvania, Fordham University and Simmons College. Dr. McCluskey recently published an article, “The Pregnant Therapist: A Qualitative Examination of the Client Experience” in The Clinical Social Work Journal. She is interested in trauma treatment and prevention and the ways in which psycho-education and therapy can be utilized to prepare pregnant women for the realities of motherhood and to better facilitate healthier bonding and attachment. Joann McEniry MSW, LSW (NJ) \| jm6990@nyu.edu Joann McEniry, MSW, LSW is a licensed social worker in the state of New Jersey with more than fifteen years of experience working on advocacy and policy initiatives for vulnerable and oppressed populations. She has an extensive background in community organizing, designing and implementing responses to address social injustices faced by the HIV/AIDS, LGBTQI, homeless, mental health and substance use populations. McEniry has worked internationally in the development of culturally competent programming by conducting a community wide needs assessment in Moshi, Tanzania and by aiding in the development of a full scale HIV/AIDS prevention and education initiative in Miragoane, Haiti. In addition, she has a great deal of experience in non-profit development, administration and management and currently holds the position of Chief Operating Officer of New Jersey AIDS Services. Appointed by Senator Cory Booker during his term as Mayor of the City of Newark, McEniry also serves as the Chair of the Comprehensive Planning Committee of the Planning Council of the City of Newark overseeing HIV/AIDS community health planning for five counties in New Jersey. C. Lockhart McKelvy BLA, RISD, MSW, LCSW \| clm3@nyu.edu Lockhart McKelvy has been in private practice in the NYU area for over 20 years. Prior to a commitment to full-time practice, he was involved in a variety of work focusing on HIV/AIDS-related services. In addition to publishing clinical articles in books and journals about his work with clients, he volunteered and worked for the GMHC and marched with ACT UP. While working at The Family Center he wrote the intervention modules used in an NIMH study focusing on the outcomes of permanency planning on children living in families with chronic illnesses. Lockhart is interested in how the traumatic impact of teasing and childhood stressors can affect adult personality structure. He uses a variety of cognitive and psychoanalytic theories to help patients both manage anxiety and further integrate disparate "self states." McKelvy, L. (1993). The well children in AIDS families project: A hospital-based program. In C. Levine (Ed), A death in the family: Orphans of the HIV epidemic. (pp. 104-109). New York: United Hospital Fund. McKelvy, L. (1995). Counseling children who have a parent with AIDS or have lost a parent to AIDS. In W. Odets. & M. Shernoff (Eds.), The second decade in the age of AIDS: A mental health services handbook. New York: Hatherleigh Co. Ltd. Drainin, B. & Mckelvy, L. (1995). Services for adolescents. In Goldstein, P. (Ed), Mental health services for HIV infected populations in New York City. New York: The Coalition. Levine C., Draimin B. & McKelvy L. (1995). AIDS and its traumatic effects on families In Y. Danieli, (Ed), Multigenerational legacies of trauma: An international handbook. New York. Plenum Publishing Corporation. Draimin, B. & McKelvy, L. (2002). Their second chance: Grandparents raising their grandchildren. In D. Joslin, (Ed), Invisible caregivers: Older adults raising children in the wake of HIV/AIDS. New York: Columbia University Press. Charlotte Mccullagh \| cam792@nyu.edu Natalie Medina-Minton \| nm895@nyu.edu Jonathan Meyer \| jrm2019@nyu.edu Dr. Vera Michaels PhD, LCSW (NY) \| vm9@nyu.edu Vera Michaels, Ph.D. Adjunct Professor Teaching two courses: 1. Film, Literature and Mental Health 2. Love and Relationships Have taught on on all three levels : Ph.D. MSW and Undergraduate; Private practice on University Place near NYU - with individuals and couples. Sarah Ann Mikhail MSW, LMSW \| sam609@nyu.edu Sarah Mikhail, a licensed social worker, is the Senior Director of Community Support at The Lesbian, Gay, Bisexual and Transgender Community Center. Sarah brought her background in child welfare to The Center and spent her first three years in her former role working to increase advocacy and education for LGBTQ youth within the child welfare system. In Sarah’s current role, she oversees programming that supports the LGBT community in building and sustaining families, career development, immigration support, HIV prevention, TGNC support and mental health services. Prior to working at The Center, Sarah worked as a social worker in the foster care system working to improve outcomes for youth aging out of care. Sarah is also an adjunct professor at NYU’s Silver School of Social Work, where she received her MSW, as well as an adjunct professor at Hunter College’s Silberman School of Social Work. Madelyn Miller \| mm56@nyu.edu Madelyn Miller works with adult survivors of trauma and loss in her psychotherapy practice and community work, teaches and trains on these issues, and provides support for the well-being and resourcefulness of colleagues and programs closely engaged with survivors and their communities. She is Adjunct Associate Professor at NYU Silver School of Social Work, Master's Program and Advanced Clinical Practice Certificate Program. Since 1997 she chairs the Disaster Trauma Committee, NYC-NASW. Her disaster work includes direct response with a variety of disaster-specific organizations, as well as support and training with colleagues and community groups, as well as continuing education. Broader areas of interest include her consideration of the complexities of clinical work with trauma and loss survivors, inclusion of a community perspective after collective trauma and loss, appreciation of the centrality of relational dimensions in all trauma and loss practice, and attention to the experience of clinicians and others working with survivors, enhancing what can be sustaining for them and supporting their creative efforts toward resourcefulness and resilience. She received her MSSW from Columbia University, and her PhD from NYU Silver School of Social Work, where she was the recipient of the President's Service Award for Leadership, and the Silver Citizenship Award. Miller, M. (2014, November/December). Reflections on social work in NYC in the context of Ebola. Currents of the New York City Chapter, National Association of Social Workers, 59, 2, 13-14. Miller, M. (2013, January/February). What we are learning for the future: In the wake of Super Storm Sandy. Currents of the New York City Chapter, National Association of Social Workers, 57, 3, 6-7. Miller, M. (2011, September 8) Reflecting on 9/11 after a decade. Blog entry posted on National Association of Social Workers, New York City Chapter website. http://naswnyc.wordpress.com/2011/09/08/reflecting-on-911-after-a-decade/. Miller, M. (2010, January 19) Supporting New York City’s Haitian community: A message to social workers. Document posted by National Association of Social Workers, New York City Chapter, to NYC Chapter listserv. Kiara Moore \| km162@nyu.edu Dr. Anna Morgan-Mullane MSW, DSW, LCSW-R (NY) \| amm1414@nyu.edu Dr. Morgan-Mullane, LCSW-R serves as Vice President of Mental Health Services for Children of Promise, NYC (CPNYC). Dr. Morgan-Mullane conducts an extensive training program for MSW interns, licensed social workers, psychiatrists, and art therapists on site of CPNCY that allows everyone to gain critical culturally responsive therapeutic skills needed to support children impacted by parental incarceration. In 2012, Dr. Morgan-Mullane and President and Founder of CPNYC, Sharon Content, successfully established the first outpatient mental health clinic in the United States specifically designed to address the needs of children and adolescents impacted by parental incarceration. Dr. Morgan-Mullane has also developed clinical policies and practice guidelines and launched an evidence-based treatment model which includes the employment of Trauma-Focused Cognitive Behavioral Therapy, Narrative Therapy, complex trauma systems theory, and Mitigation Practices, which are all at the forefront of trauma-informed clinical practices for children of incarcerated parents. With over a decade of clinical practice, Dr. Morgan-Mullane’s work explores the intersection of clinical social work, social policy, and criminal justice. She continues to present her research across the country which focuses on the intergenerational effects of incarceration, the unique psychological factors experienced by children of incarcerated parents, and the causes and effects of mass incarceration. Dr. Morgan-Mullane is also an adjunct lecturer in the NYU Silver School of Social Work where she teaches a course she developed on the intersectionality of criminal justice reform and mental health implications for those impacted by mass incarceration. Dr. Morgan-Mullane recently presented her research at the National NASW conference in Washington D.C., NASW-NYC, third and Fourth Annual CE Conference, and at the Global Prison Conference in South Africa at the University of Johannesburg. Dr. Morgan-Mullane recently published this work in the Clinical Social Work Journal on her research of the efficacy of trauma-informed practice and children of incarcerated parents and started the first Training Institute out of Children of Promise, NYC for licensed practioners to receive CEU clinical hours while participating in the anti-racist training practice employed within the agency’s community-based model. Dr. Kathleen D. Morse PhD, LCSW-R, ACHP-SW \| kdm290@nyu.edu Kathi graduated from NYU’s School of Social Work with her PhD in May of 2012. Currently she is the Administrative Director of Geriatric & Palliative Care Services at South Nassau Communities Hospital in Oceanside, NY. Concurrently over the past 5.5 years she has been an active provider for Talkspace Online Therapy-Licensed eCounseling, has taught as an adjunct professor at Adelphi University School of Social Work, and is a member of the Molloy College Palliative Care Conference Planning Committee as well as a workshop presenter. In 2014 her doctoral research was published in the Journal of Psychosocial Oncology, Preferences for Cancer Support Group Topics and Group Satisfaction Among Patients and Caregivers. Providing clinical services for over 20 years her work has included children, adolescents, adults, victims of domestic violence, trauma victims, 9/11 families and survivors, geriatrics, those living with a chronic life limiting illness, and end of life. Yuval Moses MSW, LCSW \| ym728@nyu.edu Yuval is a clinical social worker specializing in the treatment of attachment and violence based trauma, and in DBT. He works at The Crime Victims Treatment Center at Mt. Sinai West and St. Luke’s Hospitals treating survivors of interpersonal trauma, conducting trauma trainings and supervising staff and graduate level students. He also consults for the DBT team at Columbus Park Collaborative, an eating disorder clinic, and maintains a small private practice. Yuval provides individual and group therapy and specializes in both skill groups and processing groups. Yuval has advanced training and works within different therapeutic frameworks – dynamic interpretation, mindfulness based practices, Accelerated Experiential Dynamic Therapy (AEDP) and Dialectical Behavioral Therapy (DBT). Born and raised in Israel he moved to NYC to get his graduate degree from NYU and speaks both English and Hebrew as native languages. Dr. Michael Moskowitz PhD, Psychologist (NY) \| mm1757@nyu.edu Michael Moskowitz, is on the faculty of the NYU Postdoctoral Program in Psychotherapy and Psychoanalysis, the NYU School of Social Work., and IPTAR, where he is also a training analyst. He has written about psychoanalytic theory, organizational dynamics, race, ethnicity, and neuroscience. He is co-editor of three books including Reaching Across Boundaries of Culture and Class: Widening the Scope of Psychotherapy (Aronson, 1996) , and author of Reading Minds: A Guide to the Cognitive Neuroscience Revolution (Karnac, 2010). Dr. Moskowitz was Team Leader of the first VA Vietnam Veterans center in the northeast, a recipient of the Gradiva award for his work in psychoanalytic publishing, and co-producer of Black Psychoanalysts Speak. Brian Mundy LCSW-R \| bem259@nyu.edu Brian Mundy is a therapist in private practice, a clinical trainer and consultant, and an adjunct lecturer at NYU. He is the co-founder of Sound Behavioral Health, whose mission is to support clinicians and service providers with making evidence based practices live and breathe in their work with clients. He is the recipient of the 2012 National Association of Social Workers - NYC Emerging Leader award in recognition of his clinical work with children, adults, and families. He received his Master’s Degree in Social Work from NYU, is a New York state certified Motivational Interviewing instructor, and has had advanced training in Trauma-Focused Cognitive Behavioral Therapy, Multi-Systems Therapy, Functional Family Therapy, and Acceptance Commitment Therapy. He has authored peer-reviewed journal articles and book chapters, and his co-authored book "Therapy in the Real World" was released to wide acclaim on Guilford Press in July 2013. Boone, Matthew S., Mundy, Brian, Morrissey-Stahl, Kate, & Genrich, Bethany E. (2015). Acceptance and Commitment Therapy, Functional Contextualism, and Clinical Social Work. Journal of Human Behavior in the Social Environment. (ahead of print), 1-14. Boyd-Franklin, N., Cleek, E.N., Wofsy, M., Mundy, B. Therapy in the Real World. (2013). New York: Guilford Press Nancy J Murakami MSW, LCSW (NY) \| njs236@nyu.edu Ms. Murakami is Program Manager of a psychosocial support program in Nyakabande Refugee Transit Centre in Kisoro, Uganda, with the community-based organization Friends of Kisoro. She is a DSW student at NYU Silver School of Social Work and Graduate Research Assistant at NYU Silver’s Center on Violence and Recovery. Ms. Murakami conducts live and web-based trainings domestically and internationally on topics including trauma-informed approaches, group work, social work approaches with survivors of persecution and forced displacement, working with interpreters, and provider wellbeing. She is co-editor of a book in the Geisel Series in Global Health and Medicine. She earned an MSW from Columbia University School of Social Work. Murakami, N. & Thandar Shwe. (2015). Assessments and interventions: Strengths-based approaches in contexts of displacement. In K. Allden & N. Murakami (Eds.), Trauma and recovery on war's border: A guide for global health workers (pp. 49-84). Dartmouth, NH: University Press of New England. Elizabeth Murdoch MSW, LCSW \| em692@nyu.edu Elizabeth Murdoch is the Director of Behavioral Health at Family & Children's Agency in Norwalk, CT., and maintains a private psychotherapy practice for individuals and families, also in Norwalk. Areas of interest are attachment, trauma, and particularly family therapy. Graduated from New York University School of Social Work (then the Ehrenkranz School) in 2004. Recipient of the Eleanor Seevak Award for mature students. Tracy Murphy LCSW (NY and NJ) \| tn278@nyu.edu Tracy graduated with her Masters' Degree in Social Work from NYU in 2001. She has worked in outpatient, inpatient and private practice settings. She has certifications in Trauma-Focused CBT, DBT, CBT and MICA Specialist. She currently works as the program manager of Transitions, IOP at Jawonio. She created that program from the ground up. Tracy is passionate about her work and clients and believes in the concepts of neuroplasticity and that everyone has the capacity to learn and grow. Anupama Myla \| am960@nyu.edu Abigail Nathanson MSW, LCSW (NY), ACS \| an768@nyu.edu Abigail is a social worker, clinical supervisor, educator and trainer, specializing in palliative care. She has a particular interest in group work, bereavement and the education of emerging clinicians in healthcare social work. She is currently a doctoral candidate at NYU, and most recently worked in leadership capacities as Director of Support Groups at Alzheimer's Association/CaringKind and Clinical Supervisor at MJHS Hospice & Palliative Care. Abigail is a proud mentor for and supporter of the Zelda Foster Studies Program in Palliative Care. She has had narrative publications in the Journal of Social Work in Palliative and End-of-Life Care and earned national designation as an Approved Clinical Supervisor. She also has advanced post-graduate certificates in Clinical Supervision and in Palliative and End-of-Life care. She received her MSW from NYU in 2007. Terry Nathanson \| tnn3@nyu.edu Dr. Elana Needle PhD \| en40@nyu.edu Elana Needle is the Anchor Collaboration Coordinator at Race Forward. As the Anchor Coordinator, Elana brings 9 nationally preeminent racial justice organizations together to work on short and long term collaborative projects to move the needle on racial equity in the US. Previously, she worked in the leadership development field, a childhood obesity intervention, and addressing various women's issues. Elana received her BA in Women’s Studies and an MA in Urban and Environmental Policy and Planning both from Tufts University, and her PhD from Stony Brook University, in Social Welfare. Elana’s research interests are racial, economic and gender inequality in the United States. Past topics included: intersectional analysis of domestic violence survivors, assessment of TANF legislation, middle school factors leading to high school drop out, and the extent to which desegregation in four CIvil Rights Era cities impacted African American residents. Elana’s dissertation applied a Social Determinants of Health theoretical model to childhood obesity, concentrating on the school food environment, race, gender and socioeconomic status. Jamesetta A. Newland PhD, RN, FNP-BC, FAANP, DPNAP, FAAN \| jan7@nyu.edu Dr. Jamesetta A. Newland is a clinical professor at NYU Rory Meyers College of Nursing, teaching in the master's and doctoral programs. As a family nurse practitioner in primary care at NYU Langone Ambulatory Care West Side, she manages her own panel of patients. She is a strong proponent for health promotion and disease prevention, helping patients achieve their individual maximal health. Her expertise in nurse practitioner education and practice has led to ongoing consultations in Botswana, Japan, and Lithuania and appointment as a Fulbright Specialist. She has authored numerous peer-reviewed articles and book chapters and is the editor-in-chief of The Nurse Practitioner journal with Wolters Kluwer Health. Focus of her writing includes the social and health issues facing African American adolescent girls and women, and the integration of behavioral health and primary care for children. She earned her masters from Pace University and PhD from University of Pennsylvania. Anthony Nicotera \| aln2@nyu.edu Anthony teaches courses in peace, social justice, social work, and multifaith leadership. He previously served as Director of NYU’s post-graduate certificate program in Spirituality and Social Work. He has 20 years of counseling, coaching, management, and teaching experience. Anthony is a Cofounder of MindfulCloud PBC, media and technology for social good. In collaboration with Zen Master Thich Nhat Hanh, nominated for the Nobel Peace Prize by Dr. Martin Luther King, Jr., MindfulCloud recently produced an award-winning film. Anthony has worked internationally and domestically in prisons, hospice facilities, inner-city churches and schools, and legal and social service centers. He lived and worked in India with Mother Teresa, and also in Latin America, with community-based organizations and victims of war and violence. He earned law and social work degrees and is currently pursuing his social work doctorate focused on social justice pedagogy. Michael Nott MSW, LCSW \| mdn241@nyu.edu Michael Nott has a private practice with offices in Manhattan and Long Island. He is a staff therapist for the Family and Couples Therapy Services (FACTS) program at the Institute of Contemporary Psychotherapy. He also is a member of the Counseling Center staff at Concordia College. Michael earned his MSW from NYU in 2009. He holds Post-Masters Degree certificates in Clinical Work with Adolescents from NYU and from the Family and Couples Therapy Services (FACTS) program at the Institute for Contemporary Psychotherapy. Julia Novas \| jn2164@nyu.edu Batya Novick \| bn289@nyu.edu Dr. Jeanne Nugent PhD, MSW, MA, LCSW (NY), CGP \| jeanne.nugent@nyu.edu Jeanne Nugent is Clinical Associate in Psychiatric Social Work at the Columbia Day Treatment Program. She is also a Psychotherapist in Private Practice and Faculty in Psychiatry at Columbia University Medical Center, with experience in individual, couple and group psychotherapy, and specialties in disorders of anxiety, mood, personality, identity, and substance use. Jeanne received her MSW from Hunter College—CUNY, and her MA and PhD in art history from the University of Pennsylvania. Jeanne has undergone foundational training in DBT through Behavioral Tech-Linehan Institute, SIFI certification at NYU, interpersonal psychotherapy training at the William Alanson White Institute, and modern psychoanalytic training through the Center for Group Studies. She has extensive experience leading groups, including manualized treatment (CBT, DBT, Seeking Safety, symptom-management, relapse-prevention), specialized groups (substance abuse, diverse gender and sexuality, co-occurring disorders, gender-specific), psychoeducation groups (community resources, addictions), and process groups integrating DBT-informed, interpersonal psychotherapy, and modern analytic methods. Meredith O'Boyle MSW, LCSW \| meo224@nyu.edu Meredith O’Boyle, LCSW is the Vice President of Behavioral Health at the Bailey House Behavioral Health Center, located in Harlem. Bailey House is one of the oldest AIDS services organizations in the country providing housing and support services to infected and affected clients throughout the city and the Behavioral Health Center is a recent addition to the programming offered for both HIV positive and non-HIV positive individuals. As the Vice President, Ms. O’Boyle is responsible for the financial and clinical management as well as quality assurance of all clinical services provided by the Behavioral Health Center and to ensure compliance with State regulations. Ms. O’Boyle received her Maters degree from New York University School of Social Work in 2003 and she obtained her license in clinical social work in 2007. Ms. O’Boyle has worked as an adjunct lecturer and field advisor at New York University School of Social Work since 2006. Helen O'Brien \| ho213@nyu.edu Joseph O'Callaghan BA, MSW, LCSW \| jfo242@nyu.edu Joseph O'Callaghan, LCSW, is the department chair for social work in the Stamford, Connecticut, Public Schools. He supervises a staff of 30 social workers and provides consultation and support to the school district around children's mental health, family engagement, therapeutic education, and crisis intervention, as well as developing programs to support the social and emotional needs of the students and their families in the school district. He also maintains a small private practice. His areas of interest include: school social work, the collaboration between schools and mental health providers, race, ethnicity and power in schools, trauma-informed communities and schools, supervision, and the training of interns. Joseph is also interested in spirituality and, in particular, how contemplative practice can be a protective factor for victims of violence. He earned his MSW from Fordham University Graduate School of Social Work in 1991 and also received a diploma of advance studies in educational leadership in 2000. Elizabeth Libby O'Connor MSW, LCSW-R \| eof2@nyu.edu Libby is a 1997 Graduate from NYU Silver School of Social Work where she continued work, study and advocacy around trauma, multiple loss and the impact of HIV on communities and their resources. M Kim O'Connor MSW, LCSW-R (NY) \| mko232@nyu.edu I am a clinical social worker and mindfulness educator in full time private practice in Westchester County where I work with youth, adults and families using a variety of therapeutic modalities including psychodynamic and cognitive behavioral therapies. I also teach mindfulness to individuals and families as well as provide professional development in mindfulness to not for profits and schools. Before focusing on private practice full time, I worked across a variety of settings including hospitals, mental health centers, not-for-profits and schools. I have a Masters in Social Work from the University of Maryland and an Advanced Certificate in Clinical Social Work from NYU. I also hold a certificate in Adult Psychotherapy from WCSPP and a certificate in Parent Management Training from Yale Parenting Center and am certified to teach a variety of mindfulness curricula to youth and adults, including Learning 2 Breathe, MBSR-T, and Koru. Dr. Margaret O'Donoghue MSW, PhD, LCSW, \| mod2007@nyu.edu Margaret O'Donoghue is a behavioral and academic consultant in Newark Public Schools, New Jersey. She provides trainings to school personnel across the district, and in-class consultations on issues affecting students and families in grades Pre-K through 12. Her research interests include racial and ethnic identity, interracial families, parenting, and school social work. Dr. O'Donoghue's published work is focused on white mothers of biracial children. She has also presented at numerous conferences and workshops on topics including: The White therapist; Race, power and privilege in the clinical relationship, Social Worker's role in the school setting and White mothers of Interracial children; and Negotiating the borders of race, ethnicity and culture. Dr. O'Donoghue earned a B.Soc.Sc. from University College Dublin, Ireland, her MSW from Hunter College Silberman School of Social Work (concentration in community organizing) and her PhD in clinical social work from New York University (2000). O’Donoghue, M. (2005). White mothers negotiating race and ethnicity in the mothering of biracial, black-white adolescents. Journal of Ethnic & Cultural Diversity in Social Work. 14 (3&4). O’Donoghue, M (2004) Racial identity in white mothers of biracial children. Affilia; Journal of Women and Social Work. 19, (1). Denis O'Keefe MSW, PhD, LCSW \| djo212@nyu.edu Denis O’Keefe practices individual and family psychotherapy in Highland Falls, New York, at the Family Resource Center, where he is the clinical director. He is a consultant for the Orange County Department of Mental Health providing forensic mental health evaluations for the Orange County Family Court. He has extensive experience in the fields of child welfare and child mental health within the New York City and surrounding areas. Dr. O’Keefe regularly teaches in the practice and policy areas at the Silver School of Social Work, including the courses Clinical Practice with Children and Social Welfare Policy and Programs. He has also taught Clinical Practice with Individuals and Families. Dr. O’Keefe’s primary research interest is in the use of interdisciplinary approaches to study paradoxical social policy outcomes. His work seeks to integrate theories of individual and group behavior with classical models of social policy analysis to understand latent aspects of policy development, enactment, and implementation across a range of social justice issues. He is the sitting president of the International Psychohistorical Association and active member in the Psychohistory Forum. Dr. O’Keefe received his MSW and PhD from the NYU Silver School of Social Work. O’Keefe, D. (2019). Can having quality interactions with immigrants decrease anti-Immigrant sentiment? The moderation effects of contact on right wing authoritarianism, social dominance orientation and political affiliation. Manuscript submitted for publication. O’Keefe, D. (2019). Quality or quantity: A relational re-conceptualization of the contact model and impact of quantity and quality of contact with immigrants on negative attitudes. Journal for the Advancement of Psychoanalytic Empirical Research. O’Keefe, D. (2019). The immigrant other: Towards a psychohistorical social policy analysis. Paper presented at the 42nd Annual International Psychohistorical Association Convention, New York University, NY. O’Keefe, D. (2018). The use of threat narratives to facilitate the displacement of childhood conflicts on to immigrants and their children. Paper presented at the Association for the Psychoanalysis of Culture & Society 2018 Annual Conference TRANSFORMATIONS: Disrupting Dystopian Futures, Rutgers University. O’Keefe, D. (2018). Perception vs. Reality: Testing the viability of a psychohistorical interpretation of the group threat approach to negative attitudes toward immigrants and the role of ideological and personality traits in perception biases. Journal of Psychohistory, 46(3), 179-206. Elizabeth Ojakian \| eo8@nyu.edu Dr. Olatunde Olusesi PhD, LCSW \| oo231@nyu.edu Olatunde Olusesi teaches Social Welfare Programs and Policies I and II at the Silver School of Social Work. He is an administrative staff analyst with NYC Children’s Services, where he has worked variously in child protection, family preservation, advocacy, child evaluation, and staff training since 1992. In addition to his current administrative staff analyst duties, he manages Project Stay, which trains social work interns to provide emotional support, advocacy, psycho-education, and other services to foster youth, especially those who go missing from foster care. A co-founder of the Nigerian Social Workers Association of USA and a community organizer, Dr. Olusesi has participated in capacity building for social workers in Nigeria and in the NYU Study Abroad Program in Ghana. He also teaches advanced social work micro practice courses at Stony Brook University. Dr. Olusesi earned a BA (1st Class Honors) in English studies from Obafemi Awolowo University, Nigeria; an MSW from Stony Brook University; and a PhD in clinical social work from NYU Silver School of Social Work. Dr. Victoria Osborne PhD, MSW \| vo7@nyu.edu Dr. Osborne is currently adjunct faculty, and consulting on research projects in her field of substance abuse and behavioral healthcare integration in primary care. Her field of research and clinical interest is substance misuse, with a particular focus on screening, brief intervention and referral to treatment (SBIRT) within primary care settings. For the past six years, she has focused on training social work students, nursing students and medical residents to use the skills of motivational interviewing for health behavior change , integrating SBIRT training into their curricula. She has an interest in understanding how these students then apply their learning to their practices, including the challenges and promoting factors related to implementing SBIRT into healthcare settings. Osborne, V.A., Benner, K., Sprague, D.J., and Cleveland, I. (2013). Simulating real life: enhancing alcohol screening and brief intervention education for social work students. In press, Journal of Social Work Education. Osborne, V.A., Benner, K. (2012). Utilizing Screening, Brief Intervention and Referral to Treatment in Social Work Education: Teaching Prospective Social Work Practitioners to Assess Substance Use. American Journal of Public Health, 102(7), e37-e38. Pollio, D.E., North, C.S., Hudson, A.M., Hong, B., Osborne, V.A., McClendon, J.B. (2012) Psychoeducation responsive to families: two decades of development and translation of a multifamily group model. Psychiatric Annals, 42(6), 228-35. Hadiza Ladidi Osuji \| hlo1@nyu.edu Dinorah Otero MSW, LMSW, LCSW (NY) \| dod203@nyu.edu Dinorah Otero is a professor, researcher, and clinician developing her practice in Buenos Aires, and has worked as a psychotherapist and clinical supervisor in New York City. She currently teaches and is a field instructor for New York University Buenos Aires. Ms. Otero also coordinates an interdisciplinary team which provides services to children in a vulnerable area of the city. Her research interest is focused on the impact of migration and social segregation on the subjectivity from a psychoanalytical perspective. She has published articles both in English and Spanish and co-edited an e-book. Dinorah Otero holds a Master in Social Work from New York University (2004) and earned a Master in Psychology with a specialization in Educational Psychology (U.S. Equivalency) in Buenos Aires (1993), receiving a University Merit Award. Dr. Dwight Panozzo MSW, PhD \| ddp216@nyu.edu Dwight Panozzo is a psychotherapist in private practice in Bergen County, New Jersey. He is interested in Countertransferential effects of the therapist sharing their belief system with clients Dr. Panozzo earned his MSW from Hunter College in 1990, his Certificate in Psychoanalysis from the NJ Center for Modern Psychoanalysis in 2000, and his PhD from New York University in 2011. Advocating for an end to reparative therapy: Methodological grounding and blueprint for change. Journal of Gay and Lesbian Social Services, 25(3):362-377, 2013. Child care responsibility in gay male parented families: Predictive and correlative factors. Journal of GLBT Family Studies, 11:248–277, 2015. Lessons from Reparative Therapy Applied to Post Abortion Grief Counseling. Journal of Homosexuality (in press, online now, DOI:10.1080/00918369.2015.1112194). Giselle Pardo LCSW, MPH \| gap2009@nyu.edu Senior Research Coordinator and Clinical Supervisor, NYU McSilver Institute for Poverty Policy and Research Giselle Pardo is currently the clinical supervisor for Project Step UP, a school, family, and community based mental health intervention for adolescents. She is also the senior research coordinator for Champ+ Argentina, a community-based mental health intervention for HIV infected youth and caregivers. Gisselle has 17 years of experience providing mental health services in undeserved communities. Her clinical practice has focused on adolescent mental health; issues of trauma; domestic violence; and chronic illness, specifically HIV/AIDS. Her research interest and experience has focused on HIV/AIDS in international settings and the impact of poverty on children and families. Giselle earned her MSW from Fordham University in 1994 and her MPH (Global leadership concentration) from NYU in 2011. Alicea, S., Pardo, G, Conover, K., Gopalan, G., & McKay, M. (2012). Step-up: promoting youth mental health and development in inner-city high schools. Clinical Social Work Journal, 40 (2), 175-186. Dr. Yeddi Park PhD, LMSW \| yp363@nyu.edu Yeddi Park has been in social work practice for the past 15 years after receiving her MSW from the University of Michigan. She has diverse practice experiences that include working with chronically mentally ill persons, refugees and immigrants, the elderly, and children and adolescents in public schools. Her research interests include intergenerational issues in immigrant families, adolescent mental health, and health service utilization and access to care among immigrants. She has participated in numerous research projects and community educational programs for Asian American communities in New York and New Jersey. She received her Ph.D. from the Silver School of Social Work at New York University. Jang, Y., Chiriboga, D.A., Molinari, V., Roh, S., Park, Y., Kwon, S., Cha, H. (2013). Telecounseling for the linguistically isolated: A pilot study with older Korean immigrants. Gerontologist, 54(2), 290-296. Park, S., Cho, S., Park, Y., Bernstein, K.S., & Shin, J.K. (2013). Factors Associated with Mental Health Service Utilization Among Korean Americans. Community Mental Health Journal, 49(6), 765-773. Dr. Joan Pastore DSW, LCSW-R \| jp24@nyu.edu Joan Pastore is the Executive Director of the AMICO, a community based organization, dedicated to serving the needs of the older population in Brooklyn. Dr. Pastore has been an active leader in the Southern Brooklyn Community for many years. She sits on the Bioethics Committee and Institutional Review Board for research at Maimonides Medical Center. She is also a past member of Community Board 12, where she was the Vice Chair of the Social Service Committee and a member of the Transportation and Legislative Committees. In 2014 Dr. Pastore was appointed as a Commissioner for the Age Friendly Commission. The Commission serves as partnership between Mayor’s Office and, the NYC Council and the New York Academy of Medicine, which works with city government, businesses and the non-profit sector to assure the city is addressing the challenges of an increasing older population. Most recently Dr. Pastore was awarded the honor of being named as a “Women of Distinction” by the New York State Senate for 2018. Susan M. Pelosi MSW, LCSW (NY) \| smp8@nyu.edu Susan is a psychotherapist and a clinical social worker with over 25 years experience working with individuals, groups, families and communities. Her interests include mindfulness-based approaches to anxiety and depression, adjustment and relationship issues, work with adolescents and young adults, work with the LGBT community, EMDR and work with persons who have experienced recent or developmental trauma. Susan has worked as a clinician and/or supervisor at Safe Horizon's Streetwork Project, Gay Men's Health Crisis, Bard College and The Bridge. She has consulted for GLSEN, Children's Aid Society and the Empire State Coalition of Youth and Family Services. In addition to NYU Silver, Susan has taught at Columbia University and Adelphi University Schools of Social Work. Susan received her Masters degree from Hunter College Silberman School of Social Work in 1992 with a concentration in Group Work. Gliceria Perez \| gp52@nyu.edu Rafael Perez MSW, LCSWR (NY) \| rp129@nyu.edu I am a Bi-lingual psychotherapist in private practice working with a somatic focus on symptoms related to traumatic stress. A Somatic Experience Practitioner (SEP) and EMDR provider, I work with adults (individuals, couples, and groups) and have practice location in Midtown NYC and in New Paltz, NY. A Hunter School of Social Work graduate with over 20 years of clinical social work experience, I am a consultant, trainer, group facilitator, and crisis intervention specialist. I provide clinical supervision for Social Workers pursuing "R" privilege. I am psychodynamic disciplined and draw from CBT, Mindfulness, DBT, EMDR, SE and Somatic Touch Trainings. I am an Assistant Trainer at SE Professional Training for the Somatic Experiencing Trauma Institute. I co-founded the Mindful Living Space A DBT based Private practice group, the Hive Event Collective, a cooperative of local artists in the Hudson Valley, and currently affiliated with Wellness Embodied in New Paltz, NY. David Peters \| dp116@nyu.edu Cherron Petruzzi \| cp112@nyu.edu Colette Phipps \| cp579@nyu.edu Andree Pilaro \| asp1@nyu.edu Dr. Sharon Pinsker PhD, MSW, LCSW-R, CASACM (NY) \| sgp1@nyu.edu Dr. Sharon Pinsker received her BS from Brooklyn College, her MSW from Hunter College and her PhD from the Silver School of Social Work at NYU. She has worked in the field for approximately thirty years and has taught advanced practice courses and electives at NYU for more than twenty years; she has also been a faculty advisor and SIFI instructor. Dr. Pinsker has worked as a direct service provider, supervisor, and administrator, within the areas of substance abuse and mental health. She has worked extensively with individuals facing life-threatening illnesses, trauma, depression and anxiety, and life stage adjustment issues. In addition to being an educator, Dr. Pinsker provides training seminars and has a private practice in Brooklyn, offering psychotherapy and supervision. She is particularly interested in the well being of social workers, countertransference, resilience, and issues of secondary traumatic stress as well as secondary traumatic growth. Dr. Dulcinea Pitagora PhD, LCSW \| dp978@nyu.edu Dulcinea/Alex Pitagora holds a Master of Arts in Psychology from the New School for Social Research, a Master of Social Work from New York University, a Master of Education and a Doctorate in Clinical Sexology from Widener University, and is an AASECT Certified Sex Therapist. Pitagora has a practice in New York City that includes individual and relationship therapy. Pitagora's practice is person-centered and strengths-based, focuses on self-determination and empowerment, and is LGBQ, trans, poly, and kink affirmative. Pitagora is an adjunct professor of sexual health at New York University; has published articles in peer-reviewed journals; and presented at conferences on the topics of alternative sexuality and gender diversity. Pitagora conducts research, lectures, and seminars pertaining to these communities; is the founder of ManhattanAlternative.com, an alternative lifestyle affirmative provider listing; and co-organizer of the AltSex NYC Conference. Pitagora is Kink Doctor in the Web series by the same name. Dr. Jessica Platt PhD \| jp166@nyu.edu Dr. Platt is a clinical psychologist who earned her master's and doctoral degrees from Fairleigh Dickinson University in Teaneck NJ. She has specialized training and experience in child, adolescent, and family services; areas of expertise include family systems perspectives, forensically informed treatment, play therapy, TF-CBT, EMDR, and sand play therapy. She has worked as a clinician, supervisor, and program director for over 20 years in Bergen, Essex, Morris and Sussex counties in New Jersey in various hospital and agency settings specializing in maltreatment and trauma. She is currently in private practice in Sussex County, NJ, and is an adjunct professor at Ramapo College and New York University focusing on instruction in child psychology topics. Kristin Pleines \| kp1984@nyu.edu Josey M. Politowicz MSW, LCSW (CT) \| jm6577@nyu.edu I am a PhD student in the NYU Silver School of Social Work program. Additionally, I have worked for the Stonington Institute Starlight Military Program since 2013. The Starlight program is a residential rehab for active duty and veteran military members suffering from addiction and mental health issues. My research interests have focused on substance abuse and social workers' physical health problems. I earned my Masters in Social Work from Southern Connecticut State University in New Haven. Erica Ponteen LMSW \| emp301@nyu.edu She has worked as a licensed clinical social worker in residential programs, schools, preventive, and child welfare agencies. Her academic, research and professional interests include the bio-psycho-social adjustment of U.S. military veterans, child welfare issues, women and youth transformation after crisis. Her unique clinical approach has been recognized as innovating. As a result, she has presented and consulted on research projects on female empowerment and mental health issues among female adolescent development in schools and in community agencies. She received a BA from Pace University and earned her MSW from New York University, Silver School of Social Work in 2009. Currently, Erica Ponteen continues her studies at Fordham University, Graduate School of Social Services and continues to practice as a Social Worker. Donna Pope \| dp87@nyu.edu Christina Carver Pratt PhD, MSSW, BASW, LMSW (NY), Certified IRB Manager \| cc17@nyu.edu Dr. Pratt is a research scientist deeply committed to excellence through co-learning, global civic engagement, ethical leadership, and “the right to aspire,” a 21st century fundamental entitlement to grow in capacities to acquire and contribute to knowledge and research for a just global ecosystem. Dr. Pratt teaches ethnographic research methods to incarcerated men and women in long term maximum security confinement. Collaborative cross-system research in social policy; law and psychiatry; institutional ethnography; evaluation research include a record of publication of books on intimate partner violence, book chapters on therapeutic jurisprudence, an extensive catalog of peer reviewed scientific publications, professional conference presentations, and grants acquisition for trauma-informed, recovery centered, structurally competent systems of care in mental health, juvenile justice, complex recovery in criminal and family courts, and international empowerment supports to vulnerable women and girls. Dr. Pratt is a founding member of a collective of anti-racism educators, the recipient of two Fulbright Scholar grants (India; Pakistan) and numerous awards for scholarship and international service. She has earned degrees from: University of Parma Italy Faculty of Law. Advanced Studies in Human Rights Law and Policy. Ph.D . City University of New York. Forensic Psychology. M. Phil. City University of New York. Criminal Justice. Certificate: Women's Studies. Columbia University. Certificate: Institute for Family Life Development. MSSW. Columbia University. B.A. Social Work. Fairleigh Dickinson University. Research Scientist with the NIH sponsored Center to Study Recovery in Social Contexts at Nathan Kline Institute; Director of the Field School in community based participatory action research methods; Principal Investigator on capabilities for recovery, treatment engagement, and treatment alliance situated in four Mental Health Courts in metropolitan NY; Research Scientist for the NYS Office of Mental Health Center of Excellence in Culturally Competent Mental Health specializing in role of spirituality and religion in recovery and structurally competent networks of care. A demonstrated record of successful project leadership and widely published scholarship in collaboration with service users and advocates, providers and policy makers on innovative strategies for people with co-occurring mental health, criminal justice, family law, child welfare, and substance use problems. Senior Research Consultant: Salaam Bombay Foundation and India Child Fund, Mumbai India. Research Scientist: Social Science Research Laboratory, Statistical and Services Research Division. Epidemiology & Health Services Research Laboratory. Nathan S. Kline Institute for Psychiatric Research. Carrie Prendergast \| cap8@nyu.edu Professor Prendergast is currently working as the Manager for Online Graduate Program Management within the University's Enrollment Management Division. She previously served as the Assistant Director of Enrollment Services for the Silver School of Social Work. In 2016-2017, she presented at the NASPA Assessment and Persistence Conference as well as the national NASPA Annual Conference on her dissertation, "Nontraditional Online Students Perceptions of Success Conditions". At NYU, Dr. Prendergast has taught Research I and II on the Graduate level, the MSW elective on Management and Organizational Leadership, as well as undergraduate BSW classes in Research and Advanced Research. She received a Masters in School Counseling, and a Masters in Secondary School Administration, and completed her EdD in Organizational Leadership from Pepperdine University in July of 2017. Marcos Quinones Voss MSW, LCSW (NY) \| maq206@nyu.edu Marcos A. Quinones, LCSW recently completed a secondary masters degree of science in neuroscience at Columbia University. Marcos uses his knowledge of neuroscience in private practice where he has treated adults with organic mental health disorders for 12 years. Marcos' professional interests lie in using evidenced based practices to help clients reduce stress/cortisol levels in their bodies, while helping the client develop a range of resilience factors. Renee M. Rawcliffe MSW, LMSW \| rh642@nyu.edu Renee has been a practicing social worker for the last 20 years, primarily in the New York City non-profit disaster response and recovery arena. She most recently served as the Field Education Coordinator for a large NGO, and provided placement, clinical supervision and curriculum design to MSW students. Renee has provided consultation, training and support to numerous Voluntary Organizations responding to disasters, specifically around issues of staff training and supervision. Renee is an adjunct professor at several schools of social work, and received her MSW from Fordham University, with a clinical specialization in children and families. Pia Raymond \| pjh228@nyu.edu Helen Redmond MSW, LCSW (NY) \| hr45@nyu.edu Helen is an expert in substance use and has a decade of experience working with drug users in medical and community mental health settings. She teaches courses on drug policy and drug use from a harm reduction perspective. Helen is a trainer for the Harm Reduction Coalition in NYC and teaches the workshop, "Mental Health, Nicotine Use & Electronic Cigarettes." Helen is an independent journalist and writes about the War on Drugs, drug treatment and addiction. She has written for: Al Jazeera, AlterNet, Harpers & The Influence. She is also a filmmaker and her documentary "Ezra Dowery: Life On Broadway" was an official selection of the NYC Mental Health Film Festival in 2016. Berger, L. (2014). Heroin use and harm reduction in Afghanistan: An interview with Helen Redmond, LCSW. Journal of Social Work Practice in the Addictions, 14(4), 425-434. doi:10.1080/1533256X.2014.929916 Berger, L. (2013). Drug policy in Portugal: An interview with Helen Redmond, LCSW, CADC. Journal of Social Work Practice in the Addictions, 13 (2), 216-222. doi:10.1080/1533256X.2013.783376 Bowen, E. A., & Redmond, H. (2016). Teaching Note—no peace without justice: Addressing the United States’ War on Drugs in social work education. Journal of Social Work Education,16 (53),1-6. Retrieved from http://www.tandfonline.com/doi/full/10.1080/10437797.2016.1198296 Redmond, H. (2016). It's the people who harmfully attack e-cigarettes that need to quit. The Influence. Retrieved from http://theinfluence.org/its-the-people-who-harmfully-attack-e-cigarettes-that-need-to-quit/ Redmond, H. (2016). Prince of chronic pain: When doves cry. Retrieved from https://drugsaregreat.wordpress.com/2016/07/28/prince-of-chronic-pain-when-doves-cry/ Redmond, Helen. (2015). In Solitary. Harpers. Retrieved from http://harpers.org/blog/2015/11/in-solitary/ Redmond, H. (2013). Heroin track marks are the scars of war in Afghanistan. Alternet. Retrieved from http://www.alternet.org/drugs/heroin-afghanistan Adrienne Resnick LCSW \| asr2054@nyu.edu Adrienne Resnick maintains a private practice in Sleepy Hollow, New York. She is also a forensic evaluator. Her areas of expertise include anxiety, depression, parenting concerns, ADD, and divorce counseling. She works with families, couples, individuals, and groups, as well as with children in play therapy. As a forensic evaluator she provides legal consultation and testimony, custody evaluations, and supervised therapeutic visitations. Adrienne earned her MSW from New York University in 1981. She also received her certificate from the Family Forensics Training Program at Washington Square Institute for Psychotherapy and Mental Health, New York, in 2006. "1969 Was the Era of Flower Power. Is 2009 the Age of Sour Power?' Published on wowowow (http://www.wowowow.com). August 13, 2009. "The People Behind the Jurors", New York Law Journal, Highest Verdicts of 2005, March 2006. Greg Rideout \| gr80@nyu.edu Greg Rideout has over 20 years of post-masters clinical and managerial experience in social service agencies in three major US cities. As the Chief Program Officer for Commonpoint Queens in Queens, he has overseen the merger of two agencies, and now provides supervision, professional development, and succession planning to nine program division leaders, as well as extends Executive support in the areas of fundraising, volunteer services, marketing, and fiscal services. Prior to joining CQY and SFY, Greg served as Deputy Program Officer for Education and Employment Services at the Henry Street Settlement, overseeing a $12M portfolio of programs reaching 6,000 people annually across 12 program sites. At the core of his work has always been service delivery to marginalized youth populations, from serving as a juvenile probation officer to coordinating adolescent residential services to designing gang intervention programs in a variety of settings to perfecting education and employment services for youth and young adults. Marion Riedel \| mr56@nyu.edu Kassia R. Ringell MSW, LCSW (NY) \| kr487@nyu.edu Kassia R. Ringell is the Co-Director of The Step-Up Program at The McSilver Institute of Poverty Policy and Research. Step-Up is an evidence informed, alternative mental health and youth development program, that utilizes a positive youth development approach; an innovative, anti-oppressive and strengths based approach, that emphasizes youth assets using a relational lens. Kassia has worked in community, family and youth services for over 12 years, in schools, clinics and research settings across NYC. Kassia possesses special interests in incorporating anti-oppressive practice methods into institutional and clinical care, as well as deepening student and clinicians' understanding of the importance and practice of Macro social work. Jan Roberts DSW, LCSW, MSS, MA (NY and DE) \| jlr725@nyu.edu Jan Roberts, LCSW, MSS, MA is the founder and former CEO of Partners in Health and Wellbeing, one of the largest collaborative mental health practices in the Mid-Atlantic region. Ms. Roberts is a highly trained clinician with significant supervision, teaching, and clinical experience with clients struggling with trauma, eating disorders, and personality disorders. Ms. Roberts is currently completing her doctoral training at NYU Silver School of Social Work (May 2019) where she is studying substance use and the impact of cannabis and mental health. She is an internationally-recognized speaker on cannabis and mental health and is the co-founder and Director of Translational Research for the International Research Center on Cannabis and Mental Health. Her current research is on mental health clinicians and their knowledge and attitudes on cannabis, the use of cannabis and prescription medication among professional athletes from the NFL and NHL, and the efficacy of cannabis among veterans with PTSD. In addition, Ms. Roberts is the current Guest Editor for the Clinical Social Work Journal's special issue on Cannabis and Mental Health. Ms. Roberts sees patients in her Manhattan practice. Tamara Robinson \| tlr261@nyu.edu Dr. James Rodriguez MSW, PhD, LCSW (NY), Licensed NYS Psychologist \| jr4139@nyu.edu Dr. Rodriguez is currently a Senior Research Scientist at the McSilver Institute for Poverty Policy and Research. He received his MSW degree from Columbia University and his PhD in Educational Psychology from the University of Washington in Seattle, Washington. His research, training and practice interests are in the areas of trauma treatment and trauma-informed care, anti-racist/anti-oppressive practice, and school-based mental health services. He has extensive direct practice, training and research experience in mental health services for children, adolescents, and families. After completing his studies and a post-doctoral fellowship he was the project director and co-investigator with the Child and Adolescent Trauma Treatment and Services (CATS) project at the New York State Psychiatric Institute. This project supported an evaluation of efforts to disseminate trauma treatments to children and youth affected by the 911 WTC disaster. Prior to coming to NYU he was a school-based clinician in the Department of Child and Adolescent Psychiatry at New York Presbyterian Hospital. Dr. Allison Ross PhD, LCSW \| ar763@nyu.edu Allison R. Ross is the Deputy Clinical Director at Sanctuary for Families, an organization that provides comprehensive services to domestic violence and sex trafficking survivors and their children. Her area of interest is in intimate partner/domestic violence and its impact on women and children. Also, developing social interventions and prevention programs to benefit survivors of domestic violence. She earned her MSW degree from Columbia University School of Social Work, and a doctorate degree (PhD) in Social Work from Fordham University Graduate School of Social Services. Ross, A.R., (2012). "Impact of Psychoeducational Advocacy Training as Compared to Psychoeducational Support Group as an Empowering Tool for Female Survivors of Domestic Violence." Fordham University. http://search.proquest.com.avoserv.library.fordham.edu/pdf Ross, A. & Barker, K. (March 8, 2002). “Gender, clothing and cell phones: Observers’ first impressions of power in older African Americans.” The 73rd Annual Meeting of the Eastern Psychological Association, Poster Presentation. Jodi Rubin ACSW, LCSW, CEDS \| jrr204@nyu.edu Jodi Rubin has a full-time practice in downtown Manhattan. Her expertise is in eating disorders, women's issues and infertility. Additionally, Jodi serves on the Clinical Advisory Board of Seleni Institute. She is the creator of a curriculum on eating disorders for the Graduate School of Social Work at New York University and has taught this class ever since. Jodi also created the Destructively Fit training, addressing eating disorders within the world of fitness. Jodi graduated with a B.A. in Psychology from SUNY at New Paltz and earned her Master’s degree in Social Work from New York University. Meredith Hemphill Ruden DSW, LCSW \| mgh249@nyu.edu Dr. Meredith Hemphill Ruden specializes in social work and healthcare. She has worked as a supervisor and manager within Mt. Sinai Hospital's cancer center. Currently, she acts as Executive Director for a non-profit organization for parents with cancer that she founded called The Feather Foundation. Her area of expertise is in hospital social work and palliative and end-of-life care, and in practice interventions such as cognitive behavioral interventions, psychodynamic psychotherapy and spiritually integrated psychotherapy. She earned her MSW from New York University's Silver School of Social Work in 2009 and was a recipient of the Zelda Foster Palliative and End-Of-Life Care and Memorial Sloan-Kettering fellowships. She completed her DSW at NYU in 2018. Phyllis Y. Sachs LCSW (NY) & (NJ) \| pls9@nyu.edu Professor Sachs is in private practice in New Jersey. She worked for over 30 years in the medical field,helping families cope with illness and disability. She currently specializes in trauma therapy for children and families. She obtained her MSW in Interpersonal Practice and Family Systems Therapy at the University of Michigan, and her Bachelor's Degree in Psychology at the University of California, Berkeley. As a former Peace Corps Volunteer, she is invested in meeting the needs of people from various cultural backgrounds. She obtained post-graduate training in EMDR, Play Therapy, Laughter Therapy, Trauma and Attachment Therapy, and Internal Family Systems Therapy. Professor Sachs has presented at several conferences, including the International Cystic Fibrosis Conference, NASW NJ Association of Health Care Workers, Columbia University Graduate School of Public Health, and the Society for Transplant Social Workers. Panthea Saidipour \| phs282@nyu.edu Dr. Jack Salzman PhD \| js5176@nyu.edu I received my Ph.D from NYU in 1965. I have served as Director of Columbia University's Center for American Culture Studies, Distinguished Professor of History at Hunter College, and Fulbright Professor in Japan and Finland. My areas of professional interest include the Holocaust and issues of civil rights in the U.S. For thirty years I was the editor of PROPSECTS; an annual of American Culture Studies. Milagros Sanchez-Nester LCSW \| msk2@nyu.edu Milagros Sanchez-Nester has a private practice; Per Diem NYU Counseling and Wellness Services - SHC Her area of interest is in College Mental; Acculturation/Immigration/Diversity Issues; Trauma; working with borderline clients She has published the following- Responding to Immigrant Children's Mental Health Needs in the Schools: Project Mi Tierra/My Country, Children and Schools, Vol.23(I), 49-62 and The Effect of Stimulant Medication on Academic performance, in the Context of Multimodal Treatment of Attention Deficit Disorders with Hyperactivity: Two Case Reports, Journal of Clinical Psychopharmacology, 4(2). She earned her MSSW at Columbia University School of Social Work 1976 and received NIMH scholarship BA Lehaman College 1971. She has Training/certification in Advanced Hypnotherapy Training, NYSEPH, 40 hours 2014 NLP Center Hypnotherapy Training 80 hours 2011 Behavioral Tech, LLC DBT Intensive 2007. Jerry Sander \| js2075@nyu.edu Xiomara Santos \| xms1@nyu.edu Dr. Stephanie Elias Sarabia MSW, PhD, LCSW, LCADC (NJ) \| ss4915@nyu.edu Stephanie Elias Sarabia, PhD, LCSW, LCADC is a license clinical social worker and a licensed clinical alcohol and drug counselor with over 20 years experience working in agency and community settings with people in recovery from mental health and substance use disorders. She received her PhD from New York University and is currently an Assistant Professor of Social Work and Convener of the Substance Abuse minor and BSW program at Ramapo College of New Jersey. Dr. Sarabia’s scholarship interests include risk and protective factors of substance use among adolescents, the role of parents in marijuana prevention, research informed interventions, and substance use among midlife women. She has also presented nationally and published on the topics of creative and innovative teaching approaches that engage students to becoming lifelong learners. Dr. Sarabia is also trained in Motivational Interviewing (MI), Cognitive Behavioral Treatment (CBT), and Screening, Brief Intervention, and Referral to Treatment (SBIRT). Dr. Kim Sarasohn \| mks225@nyu.edu Ava Schlesinger MSW, LCSW (NY) & (NJ) \| as4749@nyu.edu Ava Schlesinger is a graduate of NYU’s Silver School of Social Work, a practicing LCSW in NY and NJ, an Ordained Interfaith Minister and a current EMPA student at NYU’s Wagner School of Public Service. Since 1997, Ava’s clinical interest and passion have been concentrated in the arena of complex trauma and dissociation, with a focus on victim/survivors of gender-based violence. Her work combines evidence-based, trauma-specific practices, with integrative mind-body modalities, in an effort to holistically address the long-term sequelae of symptomatology associated with insidious childhood trauma. Ava has practiced both privately and in the capacity of clinical director/consultant in the public/private, non-profit sectors. She is currently the Clinical Social Work Supervisor for Legal Services NYC, just recently leaving her position as the Clinical and Program Director at a Domestic Abuse & Sexual Assault Crisis Center. Ava is a founding member of the NJ Coalition against Human Trafficking and a trustee and program co-chair on the board of Roots & Wings, a non-profit organization serving youth aging out of the foster care system. Ava’s path is deeply directed toward philanthropy, advocacy and grass-roots service in the fields of nonviolence, poverty prevention, economic justice, and human and reproductive rights. Michael Schmidt MSW, MA, BSW, LCSW (NY) \| MS112@NYU.EDU Michael Schmidt is the Director of the AJC New York Regional Office. AJC works to enhance the well-being of the Jewish people and Israel and to advance human rights and democratic value around the world. It does its work through reaching across divides and building bridges with community and global leaders and engaging influential and opinion makers from across different sectors. Prior to joining AJC, Michael served as the Chief Operating Office at the Council on Accreditation (COA). There he oversaw COA’s accreditation process, including the development of best practices for non-profit administration and delivery of services. Before joining COA, Michael served as the Vice President of New York Foundation for Senior Citizens (NYFSC) he oversaw the service delivery to over 5,000 older and incapacitated adults throughout the five boroughs of New York City. He also was the founding director NYFSC’s award winning 88-bed transitional homeless shelter. Michael has served as an adjunct professor at NYU since 1998. There he has taught a variety of courses including on mental health and society, aging and the seminar for field placement. Michael is extremely active in the areas of mental health, immigration reform, and diplomatic outreach. He has participated in many task forces and advisory committees relating to the field of aging, mental health and human services. Michael holds a Master of Social Work (M.S.W.) from Fordham University Graduate School of Social Services, a Masters of Arts (MA) in Organizational Psychology from Columbia University and a Bachelor of Social Work (BSW) from Hebrew University in Jerusalem, Israel. Maryanne Schretzman DSW, R-LCSW (NY) \| ms6407@nyu.edu Dr. Maryanne Schretzman leads the New York City Center for Innovation through Data Intelligence (CIDI), a unit of the Mayor’s Office reporting to the Deputy Mayor for Health and Human Services. Dr. Schretzman founded CIDI with the goal of harnessing the power of New York City’s Health and Human Service agencies to provide cross-agency data analysis in order to strategically inform policy decisions and foster interagency collaboration in addressing complex social problems. CIDI has undertaken research and policy challenges across various content areas such as: child welfare, juvenile justice, homelessness, poverty, health and aging. Dr. Schretzman holds a Bachelors of Arts from the University of Montana; Master of Social Work from Hunter College; and a Doctorate in Social Welfare from the Graduate Center of the City University of New York. Benjamin Seaman BFA, LCSW-R \| bs123@nyu.edu Benjamin Seaman is the founder of Relational Minds, a group psychotherapy practice, and co-founder and Director of Communications of the New York Center for Emotionally Focused Therapy. He is a former director of the Rowe Labor Day Retreat for Gay Men and continues to present workshops and retreats on a wide range of topics. Mr. Seaman's psychotherapy practice covers a wide range of populations from sexual minorities to "third culture" persons living in NYC, to couples and men's mentorship clients. He also provides individual and group supervision in Emotionally Focused Therapy. He is trained in psychoanalytic psychotherapy, Accelerated Dynamic Experiential Psychotherapy and Emotionally Focused Therapy and regardless of population organizes his practice through the lens of Emotional Literacy. Approved Supervisor and Certified Emotionally Focused Therapist, International Centre for Excellence in Emotionally Focused Therapy, Ottawa, Canada Level III Training in Accelerated Experiential Dynamic Psychotherapy, New York Certificate in Psychoanalytic Psychotherapy, Psychoanalytic Psychotherapy Study Center, New York Certificate in Psychodynamic Psychotherapy, Institute for Contemporary Psychotherapy, New York Dr. Evan Senreich MSW, PhD, LCSW, CASAC (NY) \| es24@nyu.edu Evan Senreich has been a faculty member in the Lehman College Department of Social Work, City University of New York, since 2008. He obtained his doctorate in social work from NYU Silver School of Social Work in 2007. He previously worked in New York in the fields of mental health and substance misuse programs for over two decades. Dr. Senreich has had numerous research articles published regarding the experiences of LGBT clients in substance misuse treatment, the education of social work students to work with substance using clients, the difficulties of adults living with sickle cell disease, and the attitudes of West African immigrants towards substance misuse in the United States. Furthermore, he has had articles published regarding using a Gestalt therapy approach to social work practice and teaching social work students an inclusive definition of spirituality for use in practice. He was the Project Director of a three-year federal SAMHSA grant training social work students and medical residents in the use of SBIRT, a protocol for screening and providing brief interventions to substance using clients according to an integrated health care model. Dr. Dore Sheppard \| ds189@nyu.edu Amira Shouman \| as5090@nyu.edu Yael Shy \| yls204@nyu.edu Fran Silverman MSW, NYS LCSW-R \| fs14@nyu.edu Fran Silverman, ACSW, LCSW-R, is currently the Director of the Department of Social Work and Home Care Services at Beth Israel Medical Center, having previously served as both Assistant and Associate Director of the Department. Since joining Beth Israel in 1987, Ms. Silverman has been a valuable asset to both the Department of Social Work and the entire hospital community. In her current position she is responsible for managing and supervising clinical programs, overseeing a professional and paraprofessional staff of varying disciplines, and developing and directing graduate education programs for hospital interns across all campuses. She is also a member of the National Association of Social Workers – Academy of Certified Social Workers (ACSW). She is a member of the Louis Armstrong Music and Medicine Center Steering Committee, bridging social work with other clinical disciplines and approaches. Further, Ms. Silverman is professor at the Touro College School of Social Work and the NYU Silver Graduate School of Social Work. In addition, Ms. Silverman is an accomplished public speaker, having presented at conferences at the local, national and international level. After receiving her Bachelor’s Degree in Psychology from the City College of the City University of New York, Ms. Silverman earned her Master’s Degree in Social Work from Adelphi University School of Social Work. She has spent time as a social worker and team leader at Kingsboro Psychiatric Center, the New York State Psychiatric Institute and Assistant Chief Psychiatric Social Work at Bronx Lebanon Hospital. She is also an adjunct associate professor for New York University’s NYU Silver Graduate School of Social Work. Her work has been published in books such as Questions Patients Need to Ask; Summary of Conference Proceedings: Children and Families in an Era of Rapid Change; and Clinical Social Work with Substance Abusing Clients, among others. She has received the Care and Compassion Award, co-sponsored by the Health Care Chaplaincy and the Wonderful World Award presented by the Louis Armstrong Center for Music and Medicine. Leah Slivko MSW, LICSW (MA), LCSW-N, PsychA (NY) \| lgs4@nyu.edu In Private practice in NYC and Amherst, MA with teens, adults, couples and groups. On the faculty at the NJ Institute for Psychoanalysis, Massachusetts Institute for Psychoanalysis, and Eastern Group Psychotherapy Training Program. Adjunct faculty at Smith College School of Social Work. Interests included how to use dreams in treatment to tap into creative ways of dealing with their struggles, how to incorporate SKYPE into connecting with clients who are unable to come physically into an office setting, and the impact of culture on human development. Victor Snyder \| vbs2001@nyu.edu Sandy Speier MSW, LCSW \| sandy.speier@nyu.edu Sandy Speier earned her MSW from Adelphi University, and has worked in a range of academic, field, and management positions throughout her impressive career. After more than 30 years as a social worker in the New York State Office of Mental Health, she "retired" from her position as Associate Director of Social Work & Coordinator of Student Education at New York State Psychiatric Institute to start a new chapter in her career at NYU Silver School of Social Work as Clinical Associate Professor in the Department of Field Learning and Community Partnerships. She “retired” from this position on September 1, 2016 and has remained as an Adjunct Associate Professor, teaching the Seminar in Field Instruction and Practice with Groups. Professor Speier received the Merit Service Award from the National Association of Social Workers Westchester Division on March 21, 2013. Professor Speier has presented extensively on aspects of the match between Field Instructor and Intern. She regards her work in teaching and training as the most meaningful parts of her professional life, but she credits her clients as the ones who taught her how to be a Social Worker. Dr. Elana G. Spira PhD \| spirae01@nyu.edu Elana G. Spira, Ph.D. is the Director of Research and Evaluation for Westchester Jewish Community Services (WJCS), a large, human service agency in Westchester County. Dr. Spira is a licensed clinical psychologist and clinical assistant professor in the department of child and adolescent psychiatry at the Child Study Center at NYU Langone Medical Center. Dr. Spira was involved in the development and implementation of an evidence-based treatment targeting organizational skills deficits in children with ADHD at the NYU Child Study Center, and co-authored the resulting treatment manual.She has published papers in prominent journals on emergent literacy and behavior problems in early childhood and has presented workshops on behavior management techniques, ADHD, and emergent literacy for teachers, parents and mental health professionals. She received her PhD in clinical psychology from Stony Brook University in 2005, where she was a recipient of the Stony Brook Graduate Council Fellowship and Stony Brook Presidential Fellowship. Spira, E.G. & Fischel, J.E. (2005). The impact of preschool inattention, hyperactivity, and impulsivity on social and academic development: A review. Journal of Child Psychology and Psychiatry, 46, 755-773. Spira, E.G., Storch, S.A., & Fischel, J.E. (2005). Predicting improvement after first grade reading difficulties: The effects of oral language, emergent literacy, and behavior skills. Developmental Psychology, 41, 225-234. Fischel, J. E., Bracken, S. S., Fuchs-Eisenberg, A., Spira, E.G., Katz, S., & Shaller, G. (2007). Evaluation of Curricular Approaches to Enhance Preschool Early Literacy Skills. Journal of Literacy Research, 39, 471-501. Abikoff, H.B., Gallagher, R. & Spira, E.G. (2014). Organizational Skills Training for Children with ADHD: An Empirically Supported Treatment. Guilford Press. Jennifer Spitz \| jsg2012@nyu.edu Jennifer has LOVED being a Licensed Clinical Social Worker for almost 30 years and brings her experience to teaching and direct practice. Jennifer approaches her work, whether as a teacher or clinician, with three assumptions: people do what works, people do the best they can, and, small change leads to big change. These beliefs enable Jennifer to start where her students and clients are and collaborate on the development of meaningful and realistic goals. In addition to Silver, Jennifer is a Human Services Faculty Mentor at Empire State College, State University of New York. Jennifer and her husband are the proud parents of three awesome kids! Time with family, the beach, and books are Jennifer’s greatest joys. Anthony Stiker LCSW \| tfs224@nyu.edu Tony Stiker, LCSW, runs a private psychotherapy practice in the West Village of New York City working with individuals and couples, many of whom have been affected by Out-of-Control Sexual Behavior, often referred to as Sex or Love Addiction. His focus also includes identifying and treating other addictions and compulsions, including “codependence”. Tony augments his psychotherapy practice by teaching various Sexual Health classes at the NYU Silver School of Social Work. He earned his MSW from NYU School of Social Work in 2007, he maintains an affiliation with the American Association of Sexuality Educators, Counselors, and Therapists (AASECT). Susan Dowd Stone MSW, LCSW \| sed207@nyu.edu Susan Dowd Stone is an author, advocate, educator, and therapist best known for her work in the cognitive therapies and women's reproductive mental health. She was instrumental in the inclusion of legislation protective to women and infants in the Patient Protection and Affordable Healthcare Act and has led nonprofit organizations associated with this cause. She is a public reviewer for the National Institute of Mental Health and a recipient of numerous awards for clinical work and mental health advocacy. She maintains a private practice in Englewood Cliffs, New Jersey. Her areas of interest/research include advocating for the use of evidence-based practices in clinical treatment, sound allocation of federal research dollars to mental health issues of greatest need, the cognitive therapies, and women's reproductive mental health. Susan earned her MSW from New York University where she was the recipient of a President's Service Award for Community Service. Stone, S. & Menken, A. E. (Eds.). (2008). Perinatal and Postpartum Mood Disorders: Perspective and Treatment Guide for the Healthcare Professional. New York, NY: Springer. Stone, S. (2006). Using Dialectical Behavior Therapy in Clinical Practice. In Ronen, T. & Freeman, A. (Eds.), Cognitive Behavior Therapy in Clinical Social Work Practice (147-167). New York, NY: Springer. Dr. Michael Swerdlow PhD, FACHE \| mes36@nyu.edu Michael Swerdlow is director of program and staff development for Bridgeway Rehabilitation Services, an organization that provides a wide range of community-based mental health services. His areas of interest are cultural competency and management education for individuals with clinical backgrounds moving into administrative roles. Dr. Swerdlow earned his PhD in anthropology from the Graduate Faculty for Political and Social Science, New School for Social Research in 1984. Christine Tabone MA \| ct90@nyu.edu Christine Tabone is currently the Project Director at the Restorative Justice Lab. Ms. Tabone was the Director of Hotlines at Safe Horizon from 2013-2017, where she oversaw all clinical, operational and training aspects of the program. Prior to Safe Horizon, Christine was the Deputy Director at LifeNet (now NYCWell), a multi-lingual crisis intervention hotline offering information, support and referrals to treatment for mental health and substance abuse issues. Ms. Tabone also worked on behalf of LifeNet at 211 call centers in 2005 after Hurricane Katrina in Louisiana and again in 2008 after Hurricane Ike in Texas. Christine has extensive experience in program development/management and training. Areas of interest include domestic and sexual violence, suicide assessment/intervention, trauma recovery, and disaster relief. Dr. Gitanjali R. Thadhani DSW, LMSW (NY), MEd, MA \| grt201@nyu.edu Dr. Thadhani received her DSW and MSW degrees at New York University Silver School of Social Work. She also has an MA and MEd in Psychological Counseling from Teachers College, Columbia University. Dr. Thadhani is an Asian-Indian licensed social worker who has lived in New York City for over three decades. She has worked in non-profit organizations including community-based mental health clinics, on-site school and after-school programs, and city government for 29 years. Dr. Thadhani has clinical and administrative experience in mental health and public child welfare and has presented at international conferences. She is a director at the New York City Administration for Children’s Services. In 2018, Dr. Thadhani received both a Professional Excellence Award and a Commissioner’s Collaboration award. Nancy M. Tricamo \| nmt2004@nyu.edu Saumya Tripathi MSW, Mphil, MSW (NY) \| saumya.tripathi@nyu.edu Saumya Tripathi is a research assistant at Center on Violence Against Women and Children (VAWC), School of Social Work, Rutgers University. Her current research focuses on study to assess the economic empowerment among the south asian immigrant women in New York and New Jersey. With several years of diverse experience in social work, she worked with United Nations and Women's World Banking in New York City. Her previous experiences include working in corporate social responsibility and with multiple NGOs, government institutions, marginalized communities, informal economy and cancer patients in India. Saumya’s areas of interest and expertise include women and gender related issues, research methodologies, social policy & planning, informal economy, international development and human rights. She is involved in a number of advocacy and leadership initiatives. She has been panelist and speaker to various events including United nations. She directed a short film on gender issues in India, acclaiming an award and wide media coverage. A national beauty pageant finalist and model turned social worker, Ms Saumya completed her MSW at College of Social Work Nirmala Niketan Mumbai and received her M.Phil. from Madras school of social work in Chennai where her research focused on Gender sensitivity issue. Patricia Tucker LCSW, MSSW \| pjt216@nyu.edu Patricia Tucker has taught a mini-course and a summer course on Gestalt psychotherapy as applied to social work practice at NYU since 2007. She has also been teaching the Integrative Practice Seminar since 2007. Patricia is the former director of training and a current faculty member at Gestalt Associates for Psychotherapy,(www.gestaltassociates.org) a four-year postgraduate therapy training program. She is also a former President of The Association for the Advancement of Gestalt Therapy (www.aagt.org). She is a consultant to the Streetwork Project, a drop-in center for homeless teens in upper Manhattan. She also maintains a private practice in Manhattan with individuals, couples, and groups. She has worked extensively in mental health settings since that time, especially in homeless housing and day treatment programs. Patricia brings to NYU her enthusiasm for Gestalt therapy combined with her love of social work and her commitment to bringing a social justice/anti-oppression focus to her work in every arena. Patrcia earned her MSSW from Columbia University in 1981, a certificate from Gestalt Associates for Psychotherapy in 1985, and a certificate from New York Society for Eriksonian Hypnotherapy and Pscyhotherapy in 1995. Greg Tully \| gjt2018@nyu.edu Dr. Elena Vairo MSW, PhD, LCSW-R (NY) \| ev200@nyu.edu Elena Vairo has worked for the New York City Department of Education (DOE) since 1998, where, for 15 years, she worked at Passages Academy, a multi-site education program for court-involved youth, as both a clinician and the Director of Counseling. During her years at Passages, Dr. Vairo contributed to policy and practice initiatives, and worked closely with Administration to expand and develop the counseling program. In 2013, Dr. Vairo transferred to the DOE Division of Early Childhood Education, where she currently coaches staff of both DOE and community-based prekindergarten programs on social-emotional teaching practices and family engagement. Her other professional work includes teaching and advising in university MSW programs, Early Intervention social work, Applied Behavior Analysis, and psychotherapy in community and private practice settings. Dr. Vairo earned her MSW degree at Hunter College. She earned an Advanced Certificate in the Treatment of Alcohol and Drug Abusing Clients and her PhD in Clinical Social Work at New York University. Senreich, E. & Vairo, E. (2014). Assessment and treatment of lesbian, gay, and bisexual clients with substance use disorders. In S.L.A. Straussner (Ed.), Clinical work with substance-abusing clients (3rd ed.) pp. 466-494). New York, NY: Guilford Press. Vairo, E. (2010). Social worker attitudes toward court-mandated substance-abusing clients. Journal of Social Work Practice in the Addictions, 10(1): 81-98. Straussner, S.L.A. & Vairo, E. (2007). The impact of post- master’s substance abuse education on social work and other health professionals. Journal of Teaching in Social Work, 27 (1/2): 105-123. Dr. Karla Vermeulen PhD \| kv325@nyu.edu Dr. Vermeulen is the Deputy Director of the Institute for Disaster Mental Health (IDMH) and an Associate Professor in the Psychology Department of SUNY New Paltz, where she teaches undergraduate and graduate courses in disaster mental health, grief counseling, and lifespan developmental psychology among other topics. She holds a Masters in Psychology from SUNY New Paltz, a Doctorate in Applied Developmental Psychology from Fordham, and a Certificate in Mental Health in Complex Emergencies from the Center for International Humanitarian Cooperation. In addition to teaching and research, she has coordinated the development and production of training curricula for the New York State Department of Health and Office of Mental Health, the American Red Cross, the United Nations, United States Agency for International Development West Bank/Gaza, and other organizations. She is co-author of Disaster Mental Health Interventions: Core Principles and Practices (2017) and co-editor of Disaster Mental Health Case Studies” Lessons Learned from Counseling in Chaos (2019), both published by Routledge. Boris Vilgorin \| bv218@nyu.edu Malik JM Walker MAR \| mw3631@nyu.edu Occupational Positions: PhD Cand., Fordham University Buddhist Chaplain, NYU Global Spiritual Life Director and Head Priest, Monju-do Zen Fellowship Focus: Multifaith Leadership, Religious Pluralism, Religious Studies and Theology. Education: MAR, theology, Yale Divinity School Caroline L. Werner JD, LCSW, SWC(c) \| clw278@nyu.edu Caroline L. Werner is a faculty member of New York University’s School of Social work where she teaches graduate courses in the field of Policy. She is also on the faculty of Beth Israel’s Continuum Center for Heath and Healing where she has a private counseling practice. Ms. Werner is a certified Stress & Wellness Consultant and Director of CLW Solutions, a consulting firm specializing in burnout prevention, stress management, and improving satisfaction, retention, and engagement of employees. Ms. Werner is actively involved in the field of education reform policy and advocacy. She has assisted in bringing several new public elementary schools to a historically low-performing neighborhood in New York City. Ms. Werner leads workshops for corporate clients on workplace satisfaction and engagement, reducing stress, win-win communication, team development, and retaining employees, particularly following maternity leave. These measures save her clients money, improve employee retention and productivity, and create a more positive work environment. Ms. Werner also provides one-on-one counseling for individuals on anxiety, depression, stress, finding satisfaction in work and personal life, relaxation, interpersonal relationships, self management, work life/personal life balance, and professional development. She incorporates Wellness, Mind/Body Medicine, and Cognitive Behavioral Therapy techniques in her work with clients, all of which are evidence-based practices. Ms. Werner is co-author of the chapter “Broker-Dealer Litigation and Arbitration” in Commercial Litigation in New York State Courts (2nd ed.) (Thomson West, 2005). Ms. Werner is a graduate of The Johns Hopkins University; Brooklyn Law School, where she was a Dean’s Merit Scholar, winner of the Leonard P. Moore Memorial Prize, and served as a member of the Journal of Law and Policy; and New York University School of Social Work. Ms. Werner also trained at the Mind/Body Institute at Harvard Medical School and the Canadian Institute of Stress/Hans Selye Foundation. Scott Whipple MFA, MSW, LCSW \| saw2012@nyu.edu Scott A. Whipple is the former Director of Mental Health and Social Services at Callen-Lorde Community Health Center in Manhattan. Currently, he has a private psychotherapy practice in Chelsea. Mr. Whipple is also a teaching assistant for the Somatic Experiencing Trauma Institute. Scott A. Whipple working extensively with people with HIV/AIDS during the pandemic. His areas of expertise including working with lesbian, gay and bisexual people and with people of transgender experience. For the past 15 years, Mr. Whipple has specialized in working with survivors of trauma including adult survivors of childhood sexual abuse. He has presented at the international Male Survivors Conference. Scott A. Whipple earned his Master of Fine Arts in Acting from Case Western Reserve University where he received the Darrow Theatre Award and was a member of The Actors' Company. He later received a Master of Social Work from New York University where he received the NASW Award for Outstanding Accomplishment as a Student. Mr. Whipple later completed the Certificate in Advanced Clinical Practice at NYU. He is certified in Somatic Experiencing and EMDR - two modalities of working with trauma. Alicia White MSW, LCSW \| aw313@nyu.edu Alicia White earned her MSW from New York University and continued post-graduate studies at Hunter School of Social Work, where she received additional clinical training. She obtained training at Ackerman Institute, Training Institute of Mental Health and Center for Modern Psychoanalytic Studies. She is a licensed clinical social worker who has dedicated two decades in the field. Prof. White's work experience includes child welfare, education and forensic social work. In her final years with the Legal Aid Society, Prof. White pioneered her role as the first mitigation specialist within New York’s public defender system to provide therapeutic intervention to human trafficking survivors of commercial sexual exploitation. She has established herself as a human trafficking expert and has conducted numerous trainings and presentations at national conferences. Prof. White received the Mid-Career Exemplary Social Work leader award from NASW-NYC chapter in 2015 and the Social Work Image Awards (with Brooklyn Defender Services) in 2016. She currently supervises a team of the most dedicated and hard-working social workers she has ever had the pleasure of working with, at Brooklyn Defender Services. Deirdre Willams MSW, LCSW (NY) \| dswilliams@nyu.edu Deirdre Williams, LCSW obtained her MSW and is a Doctoral Candidate at NYU. She obtained a Bachelor’s of Science in Behavioral Neuroscience from Quinnipiac University. She is an adjunct professor at Fordham University and New York University, teaching the Advanced Integrated Practice with Organizations and Communities and the Social Welfare and Policy courses, respectively. She currently works advocating in and out of Brooklyn Family Court for youth in the Juvenile Justice and Child Welfare Systems in New York City at the Legal Aid Society, specializing in delinquency matters. She simultaneously works as a Director at the Restorative Center, employing restorative justice circles for the community and trainings for attorneys, social workers, teachers, and community organizers and members. As a social worker, Ms. Williams is dedicated to building foundations and addressing gaps in systems as she encourages people to have a sense of ownership and empowerment of his/her own narrative. Matthew Wofsy \| mw101@nyu.edu Dr. Elisa Wong \| ec569@nyu.edu Yunyu Kathy Xiao M.Phil. \| yx1093@nyu.edu Yunyu (Kathy) Xiao is a fourth-year PhD candidate from Silver School of Social Work, and a predoctoral research scientist from the McSilver Institute for Poverty Policy and Research, NYU. Yunyu’s research focuses on addressing health disparities in suicidal behaviors, mental health and service utilization, and social policy. She has published in top journals, including Journal of Youth and Adolescence, Journal of School Psychology, Psychiatry Research, Asian Journal of Psychiatry, and Health Behavior Research. She is awardees of the Kenneth Lutterman Award for Best Student Paper in 2018 American Public Health Association (APHA), and the Outstanding Student Poster in 2019 American Academy of Health Behavior (AAHB) Annual Meeting. She gave several talks at international conferences, including Society for Social Work and Research, Council on Social Work Education, APHA, and AAHB. Yunyu was instructor for MSW courses and received excellent student teaching evaluation. Yunyu received M.Phil. from the University of Hong Kong. Tiffany N. Younger Masters in Social Policy \| ty1004@nyu.edu Tiffany Younger is the founder of the Social Change Agents Institute, a project that brings scholars, professionals, and educators to developing countries to offer Free mental health services and social change workshops in developing countries of the African Diaspora such as South Africa, Brazil and Haiti. In addition, she is piloting the Social Changes Agents Institute (SCAI). Prior to running the institute, Tiffany worked as a Policy Fellow for United States Senator Kirsten Gillibrand where she focused on issues of criminal justice, gender and race equity. Tiffany obtained her Masters Degree in Social policy at the University of Pennsylvania’s School of Social Policy and Practice. She is a Lecturer at Columbia University School of Social Work where she teaches Political Advocacy. Currently, Tiffany is obtaining her doctoral degree in Social Welfare at the Silberman School of Social Work. Yeqing Yuan MSW, LICSW (MA), LCSW (NJ) \| yy1721@nyu.edu Yeqing Yuan is currently a PhD student at NYU Silver School of Social Work. Her research areas include mental health, substance abuse, and homelessness. Prior to joining the PhD program, Yeqing worked as a homeless outreach clinician in Boston, MA, serving homeless individuals with serious mental illnesses and substance abuse problems in shelters and on streets. Yeqing was awarded Excellence in Homeless Services and Research by NYU Silver. She has several journal publications around her substantive area, including the most recent article: Yuan, Y., & Manuel, J. I. (in press). The relationship between residential mobility and behavioral health service use in a national sample of adults with mental health and/or substance abuse problems. Journal of Dual Diagnosis. Yeqing obtained her MSW from Boston College and is expecting to complete her PhD in 2020. Dr. Suzanne Zakheim PhD, LMSW (NY) \| sz290@nyu.edu Dr. Zakheim is an Adjunct Assistant Professor at the NYU Silver School of Social Work. Her areas of expertise and interest include domestic violence, Healing Circles using restorative practices, cultural sensitivity training and working with criminal justice system to assist those dealing with domestic violence. In addition, Dr. Zakheim co-chairs the United Task Force Inc, a not-for-profit organization comprising over 50 agencies serving the NY/NJ area utilizing combined resources to address issues of child abuse and neglect (physical, emotional and sexual), issues of substance abuse and addictions and their impact on individuals and families. Dr. Zakheim holds a PhD in Social Work from the NYU Silver School of Social Work, Post Master’s Degree from Hunter College, MSW from Yeshiva University and a BA in Psychology and Accounting from Brooklyn College.	cc/2019-30/en_head_0030.json.gz/line258
__label__wiki	0.863098	0.863098	Top Stories in the News Today Category: A - Newsbreaks TRUMP/NATO Wednesday President Trump meets with NATO Secretary-General Jens Stoltenberg at the White House. It's their first meeting and comes a month ahead of a meeting of NATO leaders in Brussels. Candidate Trump called NATO obsolete and has demanded member nations bear more of the costs of the alliance. --Russian foreign minister Sergei Lavrov offered a tough message at the top of a meeting between his delegation and Secretary of State Rex Tillerson and his delegation. The two sides sat across a long table at the Russian foreign ministry and spoke through translators - with Lavrov criticizing the U.S. airstrikes in Syria, warning similar action should not happen again, and chiding the Trump administration for "ambiguous" and "contradictory" ideas. For his part, Tillerson said the meetings today come at an important moment, as the U.S. looks to "clarify areas of common interest" and "areas of sharp difference" to see what the prospects for narrowing those differences might be. He said he looked forward to "a very open, candid, frank exchange." --Ahead of his arrival, Tillerson called on Russia to reassess its alliance with Syrian president Bashar al-Assad. Russia has continued to back the Syrian government, despite last week's chemical attack that killed more than 80. TRUMP/RUSSIA Law enforcement and other US officials tell the Washington Post that the FBI obtained a secret court order last summer to monitor the communications of Trump campaign adviser Carter Page, as part of an investigation into possible links between Russia and the campaign. It's a clear sign the FBI had reason to suspect the Trump campaign was in touch with Russian agents. Page has repeatedly denied any wrongdoing and is not accused of any crimes. Defense Secretary James Mattis said there is no question the Syria government--and Assad regime...were the ones responsible for last week's chemical attack, but military policy has not changed in Syria....and remains the defeat of ISIS. UNITED PASSENGER United Airlines CEO Oscar Munoz has vowed that his company will conduct a “thorough review” of the “truly horrific event” that saw a bloodied passenger forcibly removed from one of the airline's flights Sunday night. The promise came in an internal company email obtained by ABC News. The airline chief said that the review would consider, “crew movement, our policies for incentivizing volunteers in these situations, how we handle oversold situations and an examination of how we partner with airport authorities and local law enforcement." --The CEO of United Airlines tells ABC News how he felt when he saw the video that has gone viral. White House Spokesman Sean Spicer apologizes...after furious reaction to his comments about last week's chemical attack in Syria. Spicer said during Tuesday's White House briefing that Adolf Hitler "didn't even sink to using chemical weapons." Hitler's death camps employed gas to kill millions of Jews and others. Spicer later told CNN that he had "mistakenly used an inappropriate and insensitive comment about the Holocaust and there is no comparison. I apologize." The head of the Anne Frank Center and House Minority leader Nancy Pelosi called for Spicer to be fired. KS SPECIAL ELEX Tuesday's vote in Kansas is seen as a test of Republican strength a year before the midterm elections. Democrat James Thompson and Republican Ron Estes are vying for the House seat of Mike Pompeo, who is now CIA director. GOVERNMENT HIRING Wednesday morning the Trump administration will end the temporary across-the-board federal hiring freeze that President Trump ordered in one of his first executive actions. Budget Director Mick Mulvaney says that will be replaced by a more “surgical” freeze. SB SCHOOL SHOOTING Investigators in San Bernardino still seeking clues into the classroom shooting by the estranged husband of a teacher that left her, a student and the gunman dead. Police say Cedric Anderson did not leave a suicide note, but did leave a note listing grievances. North Park Elementary remains closed until Monday. GERMANY BLAST Police in Germany are investigating three explosive devices that went off, injuring a professional soccer player and forced officials to postpone a high profile game. The team bus carrying Borussia Dortmund to its European playoff game against Monaco was headed from a hotel to the home stadium, in Dortmund, when police say there were three explosions. Blowing out windows and tires and sending one player to the hospital. J. GEILS J. Geils Band founder and guitarist J. Geils has died. Police in Groton, Massachusetts say Geils was found dead in his home. He was 71. Their signature sound is heard on hits like Centerfold, Freeze Frame and Love Stinks from the 1980s.	cc/2019-30/en_head_0030.json.gz/line260
__label__wiki	0.945827	0.945827	Charity Spotlight / Features / Front Page / Front Page Features / Hollywood on the Potomac / Innovators and Disruptors / Performing Arts / Pollywood Access Pollywood: ‘The West Wing’ Cast Reunites To Support Veterans by Claire Handscombe · March 13, 2016 Justice For Vets launched its star-studded PSA in Burbank, CA. By Claire Handscombe Justice For Vets launch their West Wing PSA supporting Veterans Treatment Courts at Warner Bros. Studios on Tuesday, March 8, 2016 in Burbank, CA with Bradley Whitford, Allison Janney, Richard Schiff, Mary McCormack, and Dulé Hill, alongside Justice For Vets Senior Director Melissa Fitzgerald (Colin Young-Wolff/AP Images for Justice for Vets) “Never doubt that a small group of thoughtful and committed citizens can change the world,” says Martin Sheen as President Bartlet in an episode of The West Wing. Arguably, the show itself has done rather a lot of that world-changing. But ten years – ten years, already! – after the last episode aired, the cast continue to inspire and provoke us with their own thoughtful commitment to causes which matter to them. Melissa Fitzgerald played Carol, the assistant to Press Secretary CJ Cregg (Allison Janney). In 2013, she moved to the DC area to take up a new job as Senior Director of Justice for Vets, an organisation which promotes and resources Veterans Treatment Courts. These courts are a lifeline for veterans, many of whom struggle with post-traumatic stress and brain injury when they return home after serving, often using drugs and alcohol to self-medicate. Through structure, treatment, and mentoring, Veterans Treatment Courts help them to avoid the destructive spiral of incarceration, homelessness, addiction, and sometimes suicide. Instead, veterans get their lives back on track. When Fitzgerald asked her West Wing friends to help out with a PSA for Justice for Vets, they rallied around her. “She’s a force to be reckoned with,” Dulé Hill (Charlie Young) told Washington Life at the launch event on March 8th, 2016. “She’s always been the heart of our cast and is always putting her feet on the ground and actually getting out there and doing something – so whenever she calls I always do my best to answer. But then when she told me the reasons behind it, I think it’s the least that we can do. Entertainment has a megaphone.” For Bradley Whitford, the reasons are more personal. “My father was a veteran,” he says. “When these things come up, I respond to them. And this is just such low-hanging fruit in terms of the type of thing that you can do that is obviously the right thing to do. It happens to make economic sense but is so clearly the right thing to do.” He’s right: Veterans Treatment Courts make plenty of economic sense. They have kept over ten thousand vets out of prison and help them lead productive lives in their communities. Secretary McDonald, who leads the VA, agrees. “The rate of return is phenomenal,” he said at the PSA launch, adding, “not just financial, but human.” Sgt Tommy Rieman received a Silver Star and a Purple Heart for his service in Iraq. After returning home, he struggled to cope, and became addicted to drink and drugs. Thanks in large part to Justice For Vets, he is now clean and sober and, as an active member of the military community, helps to raise awareness of PTSD and life after injury. Rieman was among those who spoke on the panel of the PSA launch at the Warner Brothers lot in Burbank, California. “I’m a thirty-five-year-old balding alcoholic who never thought he’d make it to Hollywood,” he joked. But he also spoke more soberly – and movingly – about the impact of a Veterans Treatment Court on his life. “I had a second chance because of people that cared,” he said. “Melissa reached out to me. She listened. Sometimes that’s all it takes: listening.” Allison Janney also praised the work of Justice For Vets. “It’s a great organisation and a great cause and I don’t know how I would have found my way to extending help to them had it not been for Melissa Fitzgerald. So I’m grateful to her, because I feel sometimes in my life as an actress that I don’t do enough to help and to honour our troops. Being part of a show like West Wing, it seems like it fits for us to band together and speak out, advancing organisations that do make the world better, especially for our troops.” Mary McCormack (Kate Harper) agrees. “It’s a way to bring issues into people’s homes,” she says of The West Wing, regarding its role in highlighting important topics. “I wish it was still on – I would watch it.” It’s safe to say that she speaks for many of us on that front. Tags: allison janneybradley whitforddule hillmary mccormackmelissa fitzgeraldRichard Schiff Next story Hotel Watch: Trump Hotel Set for September Open Previous story Social Diary: Samantha Sault weds Matthew Lauer Media Summer Sizzlers On Stage: Let Trump Be Trump Access Pollywood: ‘The Post’ Premieres in Washington	cc/2019-30/en_head_0030.json.gz/line261
__label__wiki	0.790682	0.790682	Ruairí Ó Brádaigh/Maolmhuire Ó Raghallaigh Cumann established in Co Wicklow A new Republican Sinn Féin Cumann has been established in County Wicklow. It is a historic moment as the Republican movement hasn't had an active Cumann in the Garden county since the pre-1986 era. The Cumann has been named in honour of local man Maolmhuire Ó Raghallaigh and the recently deceased Ruairí Ó Brádaigh. Both men gave a lifetime of service to the Republican cause and stayed true to their principles to the end. Ó Raghallaigh saw active service during the Counter-revolution of 1922-23 as a member of Neil 'Plunkett' O'Boyle's Flying Column, and remained a dedicated Republican throughout all the defections over the years until passing away in 1992. Ó Brádaigh joined the movement in 1950 and went on to become a legendary figure, serving as IRA Chief Of Staff during Operation Harvest and also serving two lengthy terms as president of Sinn Féin. The Ruairí Ó Brádaigh/Maolmhuire Ó Raghallaigh Cumann pledge to offer the people of County Wicklow a Republican alternative to the failed policies of the Leinster House parties through the Éire Nua programme. Republican Sinn Féin stand for a complete British withdrawal from Ireland and the deliverance of social justice through the full implementation of the 1916 Proclamation. As well as promoting the policies of the Republican movement, we endeavour to highlight local issues affecting local people and the ongoing use of selective internment in the occupied six counties. The Cumann has members from all over County Wicklow and is looking for fresh recruits. For further information you can contact the Republican Sinn Féin head office at 018729747 or visit either of these websites: www.facebook.com/rsf.wicklow RSFWicklow@hotmail.com Labels: Ó Brádaigh/Ó Raghallaigh Cumann Co Wicklow, Republican Sinn Féin, Wicklow RSF calls for independent and public inquiry into banking system Statement by Des Dalton, President of Republican Sinn Féin Republican Sinn Féin called for a fully independent, comprehensive and public inquiry into the banking system on June 27. Such an inquiry should also look at the role played by the then 26-County administration as well, along with their neo-liberal economic cheerleaders on the opposition benches of the Leinster House Assembly. The contempt displayed by senior executives of the now defunct Anglo Irish Bank – as revealed in the so-called “Anglo tapes” - merely serves to illustrate the contempt in which the political and financial elite hold the mass of the Irish people. The subsequent decision of the 26-County State to bail out the banking system heralded the beginning of a vicious war of economic attrition waged against ordinary people throughout the 26 Counties. The very fact that the Leinster House political class think even now they should have a role in investigating what occurred within the banking system underlines their disconnect from the public mood. The same political elite who are proposing to hold an in-house inquiry into the banking, championed the very concept of so-called “light-touch” regulation. This was of course just code for the free-for-all that was not only tolerated but encouraged by the political establishment that took place within the financial sector. When this pyramid scheme economic system collapsed it was the Irish people who were expected to foot the bill. All of this reinforces our argument for a banking system which first and foremost serves a social function, serving as an economic driver for the essentials of a just and civilised society capable of providing truly national health programme accessible to all at the point of need, equal access to education at all levels and a system of real social protection for our old, young and those on the margins of society. As we point out in our social and economic programme Saol Nua (A New Way of Life), social control of capital is essential to ensure capital serves people rather than people being the slaves of capital. By doing so you ensure balanced development and equitable distribution of wealth. Money must be regarded, not as a commodity, but as an accounting system in which all participate. On June 16 Republican Sinn Féin held the annual Theobald Wolfe Tone commemoration in Bodenstown. The parade, led by a colour party, Cumann na mBan and Na Fianna assembled in Sallins and marched to the grave of Wolfe Tone at Bodenstown. The Chief Marshall was Seosamh Ó Maoileoin, Iar Mhí. The colourful parade, with many banners and the new Republican Sinn Féin flags, marched in glorious sunshine along with the Pride of Éireann flute band from Portadown, Co Armagh and Seán Doyle, the piper from North Antrim. At the memorial to Wolfe Tone proceedings were chaired by An Chomhairleoir Tomás Ó Curraoin, Gaillimh who spoke in Irish and English. He called on Veteran Republican Cecilia Conway, Kildare to lay the wreath on behalf of the Republican Movement. The Chief Marshall then called the parade to Attention for the Dipping of the Flags, accompanied by a lament from the piper. Tomás Ó Curraoin asked the National Graves Association representative, Peig Galligan, to say a few words and she spoke movingly of Liam Lynch and his comrades, done to death by Free State forces 90 years ago. Tomás then introduced the President of Republican Sinn Féin, Des Dalton, Kildare to give the main oration. Following the oration Tomás Ó Curraoin had harsh words to say regarding the (as usual) over-the-top policing of the parade and said that Republicans would not be intimidated or diverted from the task before them – the achievement of a 32-County Ireland. While the parade was in Bodenstown, members of the 26-County police seized the proceeds of the Republican Sinn Féin bookstall in Sallins. The money was later returned to members of the Officer Board. Labels: Commemorations, Republican Sinn Féin Bodenstown Cemetery, Sunday, June 16 by President, Republican Sinn Féin, Des Dalton. “We have come to the holiest place in Ireland; holier to us even than the place where Patrick sleeps in Down. Patrick brought us life, but this man died for us. And though many before him and some since have died in testimony of the truth of Ireland’s claim to nationhood, Wolfe Tone was the greatest of all that have made that testimony, the greatest of all that have died for Ireland whether in old time or in new. He was the greatest of Irish Nationalists; I believe he was the greatest of Irishmen. And if I am right in this I am right in saying that we stand in the holiest place in Ireland, for it must be that holiest sod of a nation’s soil is the sod where the greatest of her dead lies buried.” Thus spoke Pearse in 1913, one hundred years later those words still hold true. As Irish Republicans we come here each year to reaffirm our commitment to the ideals passed down to us by Tone and the Society of United Irishmen. Standing here on this sacred soil we come into communion with the spirit of Tone and renew our Republican vow first taken by Tone and his comrades on Belfast’s Cavehill in 1795: “Never to desist in our efforts until we have subverted the authority of England over our country and asserted her independence.” This was the programme of Tone and it remains the programme of the Republican Movement today. We are proud of our continuity of ideology and organisation with the United Irishmen, just as veterans of the United Irishmen endorsed and supported the Young Irelanders in the 1840s, today’s movement represents a meeting of the generations in common struggle. The historian C. Desmond Greaves described the reorganisation of the United Irishmen in 1795, transforming itself into a fully revolutionary movement as a: “…turning point in Irish history. For the first time the Irish nation was exclusively identified with Irish democracy”. Today the Republican Movement continues to champion and lead the fight for true All-Ireland democracy in defiance of the forces of reaction led by Westminster, Stormont and Leinster House. The political and economic conditions experienced by the Irish people today are a gross betrayal of the high ideals and vision for a new Ireland articulated by Republicanism from Tone and Emmet right up to today. Last week we laid to rest our Patron and former President Ruairí Ó Brádaigh. Throughout his life he was a gifted and tireless worker for such an Ireland, an Ireland worthy of the sacrifice given to achieve it and one that lived up the high idealism of the historic Republican Movement. The actions of the 26-County police evoked memories of the funeral of Frank Stagg and if anything were a testament to power of a revolutionary idea over the seeming might of a corrupt and failed state. In life they feared Ó Brádaigh and the cause which he served and articulated with great skill, conviction and courage and in death they showed that the power of the ideals and ideas he espoused lived on with the same potency as before. Ruairí Ó Brádaigh was one who lived fully according to the template of Republicanism set out by the United Irishmen. For him sectarianism was a weapon in the arsenal of the British State and one that must be countered as forcefully as any political or military threat posed by that same state. Along with his friend and comrade Dáithí Ó Conaill and other Republicans, he devised ÉIRE NUA as a means of making a reality of Tone’s dream of substituting the common name of Irish man and Irish woman for the denominations of Catholic, Protestant and Dissenter. The central thrust of ÉIRE NUA is the maximum devolution of power from national to provincial, regional, right down to local or community level. The Provincial Parliaments will be elected by the people of each province according to a system of proportional representation. Unionists and Nationalists within a nine-county Ulster would have a real and meaningful input and control over the political, social, economic and cultural life of their province, regions and communities. Unlike the institutions set up under the Stormont and St Andrew’s Agreements, the governmental structures set out in ÉIRE NUA, would be accountable only to the people who elected them. Under ÉIRE NUA the sovereignty of the Irish people is paramount. As an alternative ÉIRE NUA offers a framework within which all sections of the Irish people are the decision-makers on the vital issues for their communities, their regions and their nation. The people of Ulster within a free and Federal Ireland will make decisions affecting the people of a nine-county Ulster – they will not be dependent on the whim of a foreign parliament or government. Speaking in University College Cork in January 2008, Ruairí Ó Brádaigh said: “We do not want to back the Unionists on to a cliff-edge politically where they will oppose us all the more. Neither do we seek to have them as a permanent and disgruntled political minority in one corner of Ireland. “During the 1970s, soundings were taken with every shade of unionism to obtain reactions. The result in all cases was similar; first choice was an independent Six Counties. We did not think that would be viable. All said, in that case they would opt for our ‘four provinces idea’ as the ‘most generous on offer’. “Apart from providing a solution to the Ulster situation, these proposals would bring power nearer to the people and help to correct east-west economic imbalance nationally. Republicans submit that such structures will be necessary to ensure justice for all, including the 18% of the national population who have supported the unionist position.” Tone had realised from the beginning that an effective union of the all the people of Ireland would be necessary to affect a revolution. As James Connolly pointed out in Labour in Irish History what was required to bring about such a union of hearts and minds was: “The activity of a revolutionist with statesmanship enough to find a common point upon which the two elements could unite, and some great event, dramatic enough in its character, to arrest the attention of all and fire them with a common feeling.” The figure with the qualities set out by Connolly was Tone and the event capable of firing the people with a revolutionary fervour was the French Revolution. ÉIRE NUA also proposes a new All –Ireland constitution which would be put to the people of Ireland for adoption and which would include a Charter of Rights. A draft Charter of Rights contained within ÉIRE NUA enshrines such fundamental rights as freedom of conscience, religion, ethical or political beliefs; freedom of expression and communication, the right to education, to join a trade union, the right to access adequate housing, food and medical care. It is also proposed that the European Convention on Human Rights be made part of the internal domestic law of the New Ireland. In fighting back against the new imperialism of the finance capitalists of the EU superstate we carry an alternative social and economic programme SAOL NUA. Our social and economic programme SAOL NUA – A New Way of Life - represents a vision of Ireland based on Republican, Socialist, and Self-reliance and Ecological principles; it identifies the obstacles to be overcome and the goals to be reached if we are to build an All-Ireland Federal Democratic Socialist Republic SAOL NUA is based on the principle that “…every person is entitled to have his or her inherent human dignity respected and every citizen should be able to enjoy freedom from poverty or insecurity and to have access to a fair and adequate share of the nation's wealth. All citizens should be equal before the law and all have the duty and the right to contribute by work to their own welfare and the welfare of society.” It identifies the essential elements of Democratic Socialism which are required in building the New Ireland; banking and all key industries must be brought under democratic or social control and the further development of community banking such as Credit Unions. Social control of capital is essential to ensure capital serves people rather than people being the slaves of capital. By doing so you ensure balanced development and equitable distribution of wealth. Money must be regarded, not as a commodity, but as an accounting system in which all participate. We must have new indicators of what constitutes economic success to replace the discredited indices of GNP and GDP. They merely record economic activity in terms of transaction and movement of money, commodities etc. They take no account of the voluntary sector, those who work in the home etc -- all of who make a valuable contribution to the local and domestic economy. Quality of Life is a far more valid index of human development and progress, the recording of adult and infant mortality, literacy, access to health services, nutrition etc. The UN Human Development Report mission statement is clear on what distinguishes meaningful human development: “The goal is human freedom. And in pursuing capabilities and realising rights, this freedom is vital. People must be free to exercise their choices and to participate in decision-making that affects their lives.” ÉIRE NUA and SAOL NUA give us a blueprint for the future built on the sure foundation of true All-Ireland political and economic democracy. A New Ireland fashioned from the ideals of the 1916 Proclamation and the Democratic Programme of the First Dáil. As Liam Mellows reminded us we are back to Tone: “Our freedom must be had at all hazards. If the men of property will not help us they must fall; we will free ourselves by the aid of that large and respectable class of the community – the men of no property.” We have set out here what distguinishes Irish Republicanism from those who collaborate in the interests of British or EU imperialism against the Irish people. Because of this Irish Republicanism has throughout its history faced the full brunt of British and later Free State repression. But all of their gallows, firing squads, jails and internment camps could not and never will quench the flame of true revolutionary Irish Republicanism. However the forces of the State have introduced a new a more insidious threat to Republicanism, one if unchallenged threatens to drive a wedge between Republicanism and the people of Ireland. Even those who would declare themselves as opponents of the revolutionary Republican tradition have admitted to a grudging respect for the idealism and integrity that underpins it. Writing in the Irish Times on September 14 John Waters, whilst dismissing the organisations to which Bobby Sands and Patsy O’Hara belonged to in withering terms he still acknowledged: “there was something noble and redemptive”. Over the past number of years we have seen a plethora of groups emerge, a number of which have taken on the name of the historic Irish Republican Army. The emergence of groupings styling themselves as ‘Republican’ who in reality are merely using that noble title to mask their real purpose of extortion and racketeering. In some cases such groupings masquerade as anti-drugs activists, posing as ‘champions of the community’. These pseudo-Republican groups seek to control their communities through fear. Posing as revolutionaries but merely hiding the grim reality that the only war they wage is not one of national liberation but instead a war on the youth of their own communities. The forcing of a parent to present their son for a punishment shooting as happened in Derry is medieval and far removed from any ideal of progressive Republicanism. The drugs’ gangs who peddle their wares in communities throughout Ireland and across all classes are enemies of the Irish people. The community and political activists who oppose them deserve our full and active support. However the pseudo-Republican groupings that take money from the drug dealers are no less parasitical than the drug dealers themselves. In many ways they are worse in that they leech from the communities they purport to defend – in effect they are drug dealers by proxy with the added insult of sullying the noble name of Republicanism in doing so. The activities of these pseudo-Republican gangs have the potential to eat away like a cancer at the very heart of Irish Republicanism, leaving in their wake an empty husk with neither relevance nor credibility. Such groups have descended into a bloody feud with criminal gangs in a wasteful and futile exercise, which has already resulted in much needless death. Sadly the feuds and deaths which they have led to do not contribute in any way to the historic fight for Irish freedom. The duty to halt this slide lies with those who claim the title deeds of Republicanism. We have a bounden duty to hold out against this hijacking of the Republican ideal; we must lead by example in ensuring that authentic Irish Republicanism continues to live in the hearts of the Irish people. It is not enough to claim those title deeds without acting on them. To do so we in Republican Sinn Féin must ensure that a clear distinction can be made between what represents true Republicanism and those who instead provide a perverse and twisted parody of it. We must look first to ourselves if we are serious about building a credible and effective opposition to the political and economic enslavement of the Irish people. There are those who believe that there is a short cut to this by creating a false unity, a so-called unity based on ignoring fundamental principle. To do so is to build on sand and any movement built on such a foundation contains within it the seeds of its own fragmentation and division. We must instead concentrate our energies and focus our attention on building the Republican Movement into what Dáithí Ó Conaill described as its historic role: “It was the catalyst for the for the progressive forces of this country and abroad who desired the establishment of a sovereign democratic socialist Republic.” We must have confidence in ourselves and our own Movement and not relying on other groups or organisations who may on the surface provide a certain glamour and gloss but who lack the necessary ideological depth and commitment to the task of achieving our ultimate goal, the complete ending of British occupation and the re-establishment of the All-Ireland Republic of Easter Week. It is our duty to take up the torch of freedom and carry it forward; each person has a key role to play and must be willing to play it if we are serious about completing our noble task. The political analysis provided by Republican Sinn Féin of the political trajectory of the current process of embedding British rule in Ireland has proven to be accurate. The very fact that the British Government and their surrogates in Stormont still rely the draconian laws, secret evidence and internment to protect their undemocratic statelet points to the abnormality of British rule and partition. The continued interment without trial of Martin Corey – justified by the British State on the basis of secret evidence – the continued attempt to criminalise Republican POWs – the repressive deployment of an armed colonial police force all illustrate for those who wish to see that the nature and reality of British occupation has not changed. Our analysis is sound because it is based on the lessons of Irish history. Liberty, Equality and Fraternity are not to be found within the portals of Leinster House, Stormont or Westminster; they are to be found only by a revolutionary awakening of the Irish people to their own strengths and possibilities as a people and nation. Wolfe Tone was clear about this in his own day, he too rejected the puppet parliament of College Green, he recognised it as merely an agent of the English Government, an institution anchored in greed and corruption. In words which are applicable to both partitionist states today he wrote of the Dublin Parliament in scathing terms: “The revolution of 1782 was a Revolution which enabled Irishmen to sell at a much higher price their honour, their integrity and the interests of their country; it was a revolution which, while at one stroke it doubled the value of every borough-monger in the kingdom, left three-fourths of our countrymen slaves as it found them, and the government of Ireland in the base and wicked and contemptible hands of those who had spent their lives in degrading and plundering her . . . The power remained in the hands of our enemies, again to be exerted for our ruin, with this difference, that formerly we had our distress, our injuries, and our insults gratis at the hands of England, but now we pay very dearly to receive the same with aggravation, through the hands of Irishmen.” The French Revolution armed the Society of United Irishmen with the ideological tools to formulate a democratic programme for a free and independent Irish Republic. Drawing on that rich tradition Irish Republicanism has remained truly international in character. Irish Republicans are not bound by the narrow vision of reaction and reformism but by the wide and embracing ideals of progress and the revolutionary possibility of all peoples. Our cause is the cause of humanity and in the words of the Proclamation of 1916: “…we pray that no one who serves that cause will dishonour it by cowardice, inhumanity, or rapine.” As we turn from this honoured place we should consider again the words of Theobald Wolfe Tone: “To break the connection with England, the never-failing source of all our political evils, and to assert the independence of my country, these were my objects. To unite the whole people of Ireland, to abolish the memory of past dissensions, and to substitute the common name of Irishman, in place of the denominations of Protestant, Catholic and Dissenter, these were my means.” As Pearse puts it, here we have “implicit all the philosophy of Irish Nationalism”, the very definition of Ireland a nation. I leave you with the words of Pearse spoken here one hundred years ago: “To that definition and to that programme we declare our adhesion anew; pledging ourselves as Tone pledged himself – and in this sacred place, by this graveside, let us not pledge ourselves to follow in the steps of Tone, never to rest, either by day or by night, until his work be accomplished, deeming it the proudest of all privileges to fight for freedom, to fight, not in despondency, but in great joy, hoping for the victory in our day, but fighting on whether victory seem near or far, never lowering our ideal, never bartering one jot or tittle of our birthright, holding faith to the memory and the inspiration of Tone, and accounting ourselves base as long as we endure the evil thing against which he testified with his blood.” An Phoblacht Abú. Oration by Des Dalton, President, Republican Sinn Féin at the grave of Patron Ruairí O Brádaigh, St Coman’s Cemetery, Roscommon, June 8 Speaking at the graveside of O’Donovan Rossa, Pearse restated the principles which had fired the soul and intellect of O’Donovan Rossa and restated the determination of his generation to take up the torch of freedom from Rossa and his generation: “I propose to you then that, here by the grave of this unrepentant Fenian, we renew our baptismal vows; that, here by the grave of this unconquered and unconquerable man, we ask of God, each one for himself, such unshakable purpose, such high and gallant courage, such unbreakable strength of soul as belonged to O’Donovan Rossa. Deliberately here we avow ourselves, as he avowed himself in the dock, Irishmen of one allegiance only. We of the Irish Volunteers, and you others who are associated with us in to-day’s task and duty, are bound together and must stand together henceforth in brotherly union for the achievement of the freedom of Ireland. And we know only one definition of freedom: it is Tone’s definition, it is Mitchel’s definition, it is Rossa’s definition. Let no man blaspheme the cause that the dead generations of Ireland served by giving it any other name and definition than their name and their definition.” For Ruairí Ó Brádaigh there too was but one definition of Irish freedom. For him there was but one straight and true path leading to the All-Ireland Republic of Easter Week. We come here to mourn the loss of Ruairí but we also come to celebrate his long and rich life. It was a life marked by unselfish devotion to the cause of Irish freedom. It was a life set apart by his sense of duty, honour and the intellectual rigour that he brought to the Republican Movement. Indeed often would Ruairí quote these lines from Louisa May Alcott, which are inscribed on the headstone of the tireless champion of Republican prisoners and the working class Charlotte Despard: “I slept, and dreamed that life was beauty; I woke, and found that life was duty.” Coupled with all of this was Ruairí’s deep humanity. He was a man whose empathy and compassion for the downtrodden and oppressed knew no boundaries of race or creed. In his biography of Ruairí, Professor Robert W. White of Indiana University, described Ruairí Ó Brádaigh’s life as: “…a window for understanding his generation of Irish Republicans and how they received the values of a previous generation and are transmitting those values to the next generation.” In his introduction to the same book, the journalist Ed Maloney described Ruairí as the “last, or one of the last Irish Republicans”. Whilst the tribute was well intentioned the case is quite different. It is because of the life’s work of Ruairí Ó Brádaigh that he is not the last Republican but has rather ensured the continuity of Irish Republicanism, passing on the torch to succeeding generations. Ruairí Ó Brádaigh was a towering figure of Irish Republicanism in the latter half of the 20th Century. He came to embody the very essence of the Republican tradition, setting the very highest standards of commitment, duty, honour and loyalty to the cause of Irish freedom. Of a proud Republican heritage inherited from both his father Matt and his mother May, since 1950 he served at every level of the Republican Movement, and from 1956 took on the onerous responsibilities of national leadership with only a short intervals, up to the present day. Ruairí was a man of immense capability both as a politician and as a soldier. He holds the unique distinction of serving as President of Sinn Féin, Chief of Staff of the Irish Republican Army and from 1957 to 1961 as a TD, representing Longford/Westmeath. At critical junctures in the history of the Republican Movement, Ruairí Ó Brádaigh, along with his close friend and comrade the late Dáithí Ó Conaill, manned the gap against the forces of reformism who sought to convert a revolutionary movement of national liberation into a mere constitutional political party, first in 1969/70 and once again in 1986. For Ruairí the essential principles of Irish freedom were clear and marked the political course to be followed. He dismissed any cult of the personality warning always of the inherent dangers of following merely the man or woman over the cause of Irish national independence. At a time when our sense of identity is being steadily eroded, when our people are discouraged from taking pride in their history or culture Ruairí Ó Brádaigh was a tireless champion of the Irish language viewing it as the cornerstone of our unique identity as a nation. Like Pádraig Mac Piarais he believed in an Ireland that was: ‘not only free but Gaelic as well; not only Gaelic but free as well’. Gael go smior ab ea Ruairí. Óna chuid ama i gColáiste Mel is i gConamara, d’éirigh leis an teanga a thabhairt leis go han-líofa. Ar feadh a shaoil sheas sé go daingean le cúis na Gaeilge agus d’fhéach chuige go raibh Gaeilge ag an gclann ar fad. Faraoir, le caoga bliain anuas d’aithin an meath a tháinig ar an teanga go háirithe an cúngú sna Gaeltachtaí is sa chóras oideachais. Tá an Ghaeilge i mbaol go mór mura dtugtar áit lárnach di in Éirinn. Mar atá faoi láthair níl áit do theangacha agus do chultúir ar nós na Gaeilge agus ár gcultúr Gaelach atá ag tachtadh ár muintire. Daoibhse atá in eagraíochtaí Gaeilge is gá daoibh an pictiúr mór seo, mar a deirtear, a aithint. Tá an Ghaeilge i mbaol, tá sí á ceil tar pháistí na tire, tá imeallú mór déanta uirthi. The Irish Language has always been dear to Ruairí’s heart. He spoke it on every possible occasion and he saw to it that his children were all immersed in it. Unfortunately during the last 50 years the Irish language has been marginalized, neglected and downgraded in every possible way. The people of the Gaeltacht have been bullied by the politically-powerful and by international consumerism. This bullying has undermined their way of life. The neglect in the Education system now means that Irish is being denied to and hidden from 100’s of 1000’s of Irish children. Who then is responsible for this obliteration of people’s languages and cultures worldwide, including our own Irish? There is no place for own heritage in this neo-liberal agenda, the EU won’t allow it, the two states, even the 26 counties’ Dept of Education, work against the Irish language. ‘Death by a 1000 cuts’ is the effective state policy on Irish whatever niceties may be uttered. To the Irish Language Organisations we say: Be very careful in your dealings with the Northern and Southern states. Stop cosying up to these false promises. They’re only trying to buy you off. 90% plus of the Irish people dearly love our language. They want it passed on propery to our children, they want it central to Irish life not neglected and marginalized. The Irish people need leadership, the Irish language agencies need to give sustained, determined leadership and we as Irish Republicans need to centrally retain our commitment to the Irish language and culture at all times. As an Irish Republican he believed passionately in Theobald Wolfe Tone’s vision of substituting the denominations of Protestant, Catholic and Dissenter with the common name of Irish man and Irish woman. He played a leading role in formulating the Éire Nua proposals for a Four Province Federal Ireland, which was based on the principles of true decentralisation of decision making with full particatpory democracy involving all sections of the Irish people as trust founders of a New Ireland. Such a democratic template would provide the Unionist minority with a New Ireland with real political power and decision-making. He was among the Republican leaders who met representatives of loyalism and unionism as Feakle, Co Clare in 1974 and later strongly supported the MacBride/Boal talks, which were eventually sabotaged by a 26-County Government Minister. Such was Ruairí’s commitment to the principles of a non-sectarian and pluralist Ireland that he and Dáithí Ó Conaill stepped down from the positions of President and Vice President respectively of Sinn Féin when Éire Nua was dropped as a policy document to further the narrow political agenda of a reformist clique operating within the Republican Movement in the early 1980s. For Ruairí Ó Brádaigh there could be no temporising on the issue of British Rule in Ireland. Drawing on the lessons of Irish history he recognised that it constituted the root cause of conflict and injustice for the Irish people. In opposing the 1998 Stormont Agreement he rightly viewed it as a flawed document serving only to copper-fasten British Rule while also institutionalising sectarianism, thereby further deepening the sectarian divide. Ruairí Ó Brádaigh’s analysis has since been bourne out by a number of independent studies which have shown an increase in sectarianism in the Six Counties in the years since 1998. The economically and politically oppressed and partitioned Ireland of today is far removed from the vision of a New Ireland, which inspired Irish Republicans such as Ruairí Ó Brádaigh. Standing by Ruairí’s graveside we can only truly honour him by turning our eyes to the future, by pledging ourselves to once more take up the fight for a New Ireland. Today our country is being assailed by the twin imperialisms of British military and political occupation and the economic and social oppression of the EU/ECB and IMF. These represent the old and new imperialisms, representing a threat to the very existence of the historic Irish Nation. In the Six Counties political repression remains the norm and the very fact that there remain political prisoners in Maghaberry, the internment without trial of veteran Republican Martin Corey and until recently of Marian Price, the presence of an armed Colonial police force using the same methods of repression, drawing on the same draconian laws to enforce the writ of the British Government all point to the abnormality of the Six County State. British Rule in Ireland will never be wither normal or acceptable and the lesson of Irish history remains as Ruairí continually pointed out: as along as there is a British military and political presence in Ireland there will always be a section of the Irish people determined to resist it. In the 26-County State our people are being robbed of the very markers of a civilised society, the ability to care for our sick and old, to educate our young and to provide for those on the economic margins of society. All of this is being imposed on our people in order to prop up the undemocratic EU superstate and its baking system. The Irish people it seems are merely fodder to be sacrificed on the high alter of EU finance capitalism. But not only are our people plundered financially but also culturally. It seems that the denizens of Leinster House, Stormont, Westminster and Brussels are intent on robbing us of our identity as a separate people and nation. Writing recently in the Sunday Business Post, Tom McGurk wrote that because the Irish people are being thought that it is wrong to take pride in our history, of resistance, our distinct culture and identity, today they are being denied the very tools of a strong sense of national identity required to stand up to EU Troika in contrast to people’s across Europe who have heroically defended themselves and their societies from the grip of the financial and banking elites. With Thomas Davis we believe: “This country of ours is no sand bank, thrown up by some recent caprice of earth. It is an ancient land, honoured in the archives of civilisation.” The Irish nation is not bound by the artificial borders of the two partition states, The philosopher Dr Mathew O’Donnell writes that nations rather than states, which are simply units of political organisation, bring people together: “For people are not brought together by a state; the state is the subsequent organisation of people who already posses some kind of unity…It is with the nation that one’s loyalty lies. There is no disowning it, no alternative to it. There should be a feeling for the nation, for it is one’s own people. This is the origin for the effective element in patriotism.” In the early 1890s the Irish Revolution began in earnest, speaking in 1892 the founder of Conradh na Gaelige Dubhghlas de Híde spoke of the need to reverse the process of anglicising Ireland: “When we speak of 'The Necessity for De-Anglicising the Irish Nation', we mean it, not as a protest against imitating what is best in the English people, for that would be absurd, but rather to show the folly of neglecting what is Irish, and hastening to adopt, pell-mell, and indiscriminately, everything that is English, simply because it is English.” He went to set out why we as a people needed to reconnect with our own distinct cultural identity if we were to prosper: “I would earnestly appeal to every one, whether Unionist or Nationalist, who wishes to see the Irish nation produce its best -- surely whatever our politics are we all wish that -- to set his face against this constant running to England for our books, literature, music, games, fashions, and ideas. I appeal to every one whatever his politics -- for this is no political matter -- to do his best to help the Irish race to develop in future upon Irish lines, even at the risk of encouraging national aspirations, because upon Irish lines alone can the Irish race once more become what it was of yore -- one of the most original, artistic, literary, and charming peoples of Europe.” As the centenary of the 1916 Rising draws near we have the opportunity once again to awaken the national consciousness to our possibilities as a people and the high ideals which have in the past inspired us to greater things and a vision of a New and better Ireland. As we approach the centenary of the 1916 Rising a battle has commenced for the hearts and minds of the Irish people. The legacy as well as the essential message of 1916 is at stake for this and future generations. The resources of both partitionist states are being employed in order to sanitise our history to the point that it has been robbed of any meaning. Equivalence is being made between the forces of occupation and the independence movement that no self-respecting nation would contemplate. Does France commemorate the Vichy policemen or Norway its Quislings who collaborated with German occupation forces? The 1916 Rising for Irish Republicans is not only an important moment in our history but a beacon to light our way forward. It is an event that not only continues to occupy a central place in our history but also remains relevant due to the simple fact that it remains unfinished business. The 1916 Proclamation sets out clearly the principles upon which the All-Ireland Republic should rest. It takes no great examination to see that both the Six and 26-County states fall far short of the definition of freedom and democracy set by the men and women of 1916. This would be and remains the abiding message of Ruairí Ó Brádaigh. In carrying on the work to which Ruairí dedicated his adult life we must bring to it the same high standards, the same commitment to truth and honour which guided him. We must never lose sight of the high idealism of 1916 because it will always speak to us of a New and better Ireland and with it the possibility of revolutionary social, political and economic change. and should note well the words of Brian Ó hUiginn: “Keep close to them on the road they walked without flinching, the road whose signposts, as Liam Mellows said, are unmistakable, the road of truth and honour and earnestness and courage, the road of no wavering, of no compromise with wrong, of no surrender – the only road that leads to the freedom and happiness of the indivisible Republic of Ireland.” As we turn from this place we remember with pride our fallen chieftain, our Fenian Chief (as Desmond Ryan described James Stephens) I think it is appropriate to conclude with some words penned by John Fisher Murray To the Memory of Thomas Davis: “A spark of his celestial fire, The God of freemen struck from thee; Made thee to spurn each low desire, Nor bend the uncompromising knee; Made thee to vow thy live to rive with ceaseless tug, th’ oppressor’s chain with lyre, with pen, with pen, with sword, to strive for thy dear land – nor strive in vain. How hapless is our country’s fate – If heaven in pity to us send, Like thee, one glorious, good and great – to guide, instruct us, and amend: How soon thy honoured life is o’er – Soon Heaven demandeth thee again; We grope on darkling as before, And fear lest thou hast died in vain. In vain – no never! O’er thy grave, Thy spirit dwelleth in the air; Thy passionate love, thy prupose brave, Thy hope assured, thy promise fair. Generous and wise, farerwell! – Forego tears for the glorious dead and gone; His tears if his, still flow for slaves and cowards living on. To Patsy, Mait, Ruairí Óg, Conor, Deirdre, Ethne and Colm,his grandchildren and great-grandchild we extend our deepest sympathies and our gratitute to you and the extended Ó Brádaigh family for the life of Ruairí and his unparalled contribution to the cause of a free Ireland. Ar dheis dé go raibh a anam dílis. This weekend saw the introduction of "hawkeye" by the GAA in the Leinster Football Quarter Final match between West Meath and Dublin. The GAA revealed earlier in the year that the technology cost them "a serious six figure sum". However this they can easily afford,operating profits for the association last year were in excess of 50 million euro. Meanwhile this weekend the annual Comortas Peile na Ghaeltachta took place. This year the host club were from Waterford, Rinn O gCuanach CLG. 5000 people from all around the different Gaeltacht areas were expected to attend. Unfortunately the competition is in decline in recent times and clubs from Donegal and Connemara were unable to attend due to travel costs. This is a clear indication of the disgraceful direction the association is headed. The promotion of our natives language was one of the corner stones of its foundation. Occupying police forces are now wined and dined annually in HQ while clubs from Gaeltacht areas are forced to withdraw from their annual competition. Sinn Fein Poblachtach in Wicklow stand firmly against this despicable betrayal. The technology known as "hawkeye" boasts it can reveal what the human eye can't see, however the GAA either can't see OR does not want to see the betrayal and hypocrisy which is endemic in the association in modern times. Labels: GAA, Wicklow Republican Sinn Fein Wicklow point of clarification We would just like to point out that the current story on the theft of copper in the county Wicklow News today has nothing to do with us. People may be confused as we originally highlighted the problem last week in The Wicklow People, following numerous members of the public telling us of the problems it is causing them in their everyday lives. It would seem an elected representative has "recycled" the story to enhance their own profile. This only shows us all that is wrong in local politics in the county. As the saying goes: "You heard it here first"	cc/2019-30/en_head_0030.json.gz/line264
__label__wiki	0.714837	0.714837	RomaniaUnited StatesGermanyMoldovaItalyUnited KingdomIrelandNetherlandsBelgiumSpainFranceRussiaCanadaAustriaHungarySingaporeDenmarkGreeceSerbiaCyprusIsraelIcelandSwedenBrazilSwitzerlandPolandAustraliaIndonesiaEgyptPortugalNorwayCzechiaBulgariaTurkeyFinlandCroatiaCambodiaPhilippinesSouth KoreaBurmaArgentinaUnited Arab EmiratesBangladeshMonacoJapanUkraineAfghanistanPakistanSloveniaIndiaMontenegroBosnia and HerzegovinaLuxembourgColombiaNorth Macedonia Japan Population: 126,702,133 In 1603, after decades of civil warfare, the Tokugawa shogunate (a military-led, dynastic government) ushered in a long period of relative political stability and isolation from foreign influence. For more than two centuries this policy enabled Japan to enjoy a flowering of its indigenous culture. Japan opened its ports after signing the Treaty of Kanagawa with the US in 1854 and began to intensively modernize and industrialize. During the late 19th and early 20th centuries, Japan became a regional power that was able to defeat the forces of both China and Russia. It occupied Korea, Formosa (Taiwan), and southern Sakhalin Island. In 1931-32 Japan occupied Manchuria, and in 1937 it launched a full-scale invasion of China. Japan attacked US forces in 1941 - triggering America's entry into World War II - and soon occupied much of East and Southeast Asia. After its defeat in World War II, Japan recovered to become an economic power and an ally of the US. While the emperor retains his throne as a symbol of national unity, elected politicians hold actual decision-making power. Following three decades of unprecedented growth, Japan's economy experienced a major slowdown starting in the 1990s, but the country remains an economic power. In March 2011, Japan's strongest-ever earthquake, and an accompanying tsunami, devastated the northeast part of Honshu island, killed thousands, and damaged several nuclear power plants. The catastrophe hobbled the country's economy and its energy infrastructure, and tested its ability to deal with humanitarian disasters. Prime Minister Shinzo ABE was reelected to office in December 2012, and has since embarked on ambitious economic and security reforms to improve Japan's economy and bolster the country's international standing. Strategic location in northeast Asia; composed of four main islands - from north Hokkaido, Honshu, Shikoku, and Kyushu (the "Home Islands") - and 6,848 smaller islands and islets Location: Eastern Asia, island chain between the North Pacific Ocean and the Sea of Japan, east of the Korean Peninsula Geographic coordinates: 36 00 N, 138 00 E note: includes Bonin Islands (Ogasawara-gunto), Daito-shoto, Minami-jima, Okino-tori-shima, Ryukyu Islands (Nansei-shoto), and Volcano Islands (Kazan-retto) Size comparison: slightly smaller than California Maritime claims: territorial sea: 12 nm; between 3 nm and 12 nm in the international straits - La Perouse or Soya, Tsugaru, Osumi, and Eastern and Western Channels of the Korea or Tsushima Strait Climate: varies from tropical in south to cool temperate in north Terrain: mostly rugged and mountainous Natural resources: negligible mineral resources, fish note: with virtually no natural energy resources, Japan is the world's largest importer of coal and liquefied natural gas, as well as the second largest importer of oil Land use: agricultural land: 12.5% arable land 11.7%; permanent crops 0.8%; permanent pasture 0% forest: 68.5% other: 19% (2011 est.) Irrigated land: 24,690 sq km (2012) Natural hazards: many dormant and some active volcanoes; about 1,500 seismic occurrences (mostly tremors but occasional severe earthquakes) every year; tsunamis; typhoons volcanism: both Unzen (elev. 1,500 m) and Sakura-jima (elev. 1,117 m), which lies near the densely populated city of Kagoshima, have been deemed Decade Volcanoes by the International Association of Volcanology and Chemistry of the Earth's Interior, worthy of study due to their explosive history and close proximity to human populations; other notable historically active volcanoes include Asama, Honshu Island's most active volcano, Aso, Bandai, Fuji, Iwo-Jima, Kikai, Kirishima, Komaga-take, Oshima, Suwanosejima, Tokachi, Yake-dake, and Usu Current Environment Issues: air pollution from power plant emissions results in acid rain; acidification of lakes and reservoirs degrading water quality and threatening aquatic life; Japan is one of the largest consumers of fish and tropical timber, contributing to the depletion of these resources in Asia and elsewhere; following the 2011 Fukushima nuclear disaster, Japan originally planned to phase out nuclear power, but it has now implemented a new policy of seeking to restart nuclear power plants that meet strict new safety standards International Environment Agreements: party to: Antarctic-Environmental Protocol, Antarctic-Marine Living Resources, Antarctic Seals, Antarctic Treaty, Biodiversity, Climate Change, Climate Change-Kyoto Protocol, Desertification, Endangered Species, Environmental Modification, Hazardous Wastes, Law of the Sea, Marine Dumping, Ozone Layer Protection, Ship Pollution, Tropical Timber 83, Tropical Timber 94, Wetlands, Whaling Nationality: noun: Japanese (singular and plural) adjective: Japanese Ethnic groups: Japanese 98.5%, Koreans 0.5%, Chinese 0.4%, other 0.6% note: up to 230,000 Brazilians of Japanese origin migrated to Japan in the 1990s to work in industries; some have returned to Brazil (2004) Languages: Japanese Religions: Shintoism 79.2%, Buddhism 66.8%, Christianity 1.5%, other 7.1% note: total adherents exceeds 100% because many people practice both Shintoism and Buddhism (2012 est.) Population: 126,702,133 (July 2016 est.) 15-24 years: 9.67% (male 6,436,935/female 5,813,222) 55-64 years: 12.4% (male 7,867,611/female 7,840,141) 65 years and over: 27.28% (male 15,080,738/female 19,488,235) (2016 est.) Net migration rate: 0 migrant(s)/1,000 population (2016 est.) Major urban areas - population: TOKYO (capital) 38.001 million; Osaka-Kobe 20.238 million; Nagoya 9.406 million; Kitakyushu-Fukuoka 5.51 million; Shizuoka-Hamamatsu 3.369 million; Sapporo 2.571 million (2015) 55-64 years: 1 male(s)/female Mother's mean age at first birth: 30.3 (2012 est.) Infant mortality rate: total: 2 deaths/1,000 live births male: 2.3 deaths/1,000 live births Life expectancy at birth: total population: 85 years male: 81.7 years Contraceptive prevalence rate: 54.3% note: percent of women aged 20-49 (2005) Health expenditures: 10.2% of GDP (2014) Physicians density: 2.3 physicians/1,000 population (2010) Hospital bed density: 13.7 beds/1,000 population (2009) Obesity - adult prevalence rate: 3.5% (2014) Children under the age of 5 years underweight: 3.4% (2010) Unemployment, youth ages 15-24: total: 5.9% male: 6.4% female: 5.4% (2014 est.) Country name: conventional long form: none conventional short form: Japan local long form: Nihon-koku/Nippon-koku local short form: Nihon/Nippon etymology: the English word for Japan comes via the Chinese name for the country "Cipangu"; both Nihon and Nippon mean "where the sun originates" and are frequently translated as "Land of the rising sun" Government type: parliamentary constitutional monarchy Capital: name: Tokyo time difference: UTC+9 (14 hours ahead of Washington, DC, during Standard Time) Administrative divisions: 47 prefectures; Aichi, Akita, Aomori, Chiba, Ehime, Fukui, Fukuoka, Fukushima, Gifu, Gunma, Hiroshima, Hokkaido, Hyogo, Ibaraki, Ishikawa, Iwate, Kagawa, Kagoshima, Kanagawa, Kochi, Kumamoto, Kyoto, Mie, Miyagi, Miyazaki, Nagano, Nagasaki, Nara, Niigata, Oita, Okayama, Okinawa, Osaka, Saga, Saitama, Shiga, Shimane, Shizuoka, Tochigi, Tokushima, Tokyo, Tottori, Toyama, Wakayama, Yamagata, Yamaguchi, Yamanashi Independence: 3 May 1947 (current constitution adopted as amendment to Meiji Constitution); notable earlier dates: 660 B.C. (traditional date of the founding of the nation by Emperor JIMMU); 29 November 1890 (Meiji Constitution provides for constitutional monarchy) National holiday: Birthday of Emperor AKIHITO, 23 December (1933) Constitution: previous 1890; latest approved 6 October 1946, adopted 3 November 1946, effective 3 May 1947 ; note - the constitution has not been amended since its enactment in 1947 (2016) Legal system: civil law system based on German model; system also reflects Anglo-American influence and Japanese traditions; judicial review of legislative acts in the Supreme Court Executive branch: chief of state: Emperor AKIHITO (since 7 January 1989) head of government: Prime Minister Shinzo ABE (since 26 December 2012); Deputy Prime Minister Taro ASO (since 26 December 2012) cabinet: Cabinet appointed by the prime minister elections/appointments: the monarchy is hereditary; the leader of the majority party or majority coalition in the House of Representatives usually becomes prime minister Legislative branch: description: bicameral Diet or Kokkai consists of the House of Councillors or Sangi-in (242 seats; 146 members directly elected by majority vote and 96 directly elected in multi-seat constituencies by proportional representation vote; members serve 6-year terms with one-half of the membership renewed every 3 years) and the House of Representatives or Shugi-in (475 seats; 295 members directly elected in single-seat constituencies by simple majority vote and 180 directly elected in multi-seat constituencies by proportional representation vote; members serve maximum 4-year terms with one-half of the membership renewed every 2 years) elections: House of Councillors - last held on 10 July 2016 (next to be held in July 2019); House of Representatives - last held on 14 December 2014 (next to be held by 15 December 2016) election results: House of Councillors - percent of vote by party - NA; seats by party - LPD 123, DP 51, Komeito 25, JCP 14, Osaka Ishin no Kai (Initiatives from Osaka) 12, Independents Club 5, The Party for Japanese Kokoro 3, independents 2; note: 7 seats are pending confirmation House of Representatives - percent of vote by party - NA; seats by party - LDP 291, DPJ 71, Komeito 35, JCP 21, JIP 21, Osaka Ishin no Kai 13, Group of Reformists 5, SDP 2, PLPTYF 2, independents 13, 1 seat vacant note: the 2013 amended electoral law - effective for the December 2016 election - reduced to 475 the number of seats in the House of Representatives Judicial branch: highest court(s): Supreme Court or Saiko saibansho (consists of the chief justice and 14 associate justices); note - the Supreme Court has jurisdiction in constitutional issues judge selection and term of office: Supreme Court chief justice designated by the Cabinet and appointed by the monarch; associate justices appointed by the Cabinet and confirmed by the monarch; all justices are reviewed in a popular referendum at the first general election of the House of Representatives following each judge's appointment and every 10 years afterward subordinate courts: 8 High Courts (Koto-saiban-sho), each with a Family Court (Katei-saiban-sho); 50 District Courts (Chiho saibansho), with 203 additional branches; 438 Summary Courts (Kani saibansho) Political parties and leaders: Democratic Party of Japan or DPJ [Renho MURATA] Group of Reformists [Sakihito OZAWA] Japan Communist Party or JCP [Kazuo SHII] Japan Innovation Party or JIP [Yorihisa MATSUNO] Komeito [Natsuo YAMAGUCHI] Liberal Democratic Party or LDP [Shinzo ABE] New Renaissance Party [Hiroyuki ARAI] Osaka Ishin no Kai [Ichiro MATSUI] Party for Future Generations or PFG [Kyoko NAKAYAMA] People's Life Party & Taro Yamamoto and Friends or PLPTYF [Ichiro OZAWA] Social Democratic Party or SDP [Tadatomo YOSHIDA] The Assembly to Energize Japan and the Independents [Kota MATSUDA] Political pressure groups and leaders: other: business groups; trade unions International organization participation: ADB, AfDB (nonregional member), APEC, Arctic Council (observer), ARF, ASEAN (dialogue partner), Australia Group, BIS, CD, CE (observer), CERN (observer), CICA (observer), CP, CPLP (associate), EAS, EBRD, EITI (implementing country), FAO, FATF, G-5, G-7, G-8, G-10, G-20, IADB, IAEA, IBRD, ICAO, ICC (national committees), ICCt, ICRM, IDA, IEA, IFAD, IFC, IFRCS, IGAD (partners), IHO, ILO, IMF, IMO, IMSO, Interpol, IOC, IOM, IPU, ISO, ITSO, ITU, ITUC (NGOs), LAIA (observer), MIGA, NEA, NSG, OAS (observer), OECD, OPCW, OSCE (partner), Pacific Alliance (observer), Paris Club, PCA, PIF (partner), SAARC (observer), SELEC (observer), SICA (observer), UN, UNCTAD, UNESCO, UNHCR, UNIDO, UNMISS, UNRWA, UNWTO, UPU, WCO, WFTU (NGOs), WHO, WIPO, WMO, WTO, ZC National symbol(s): red sun disc, chrysanthemum; national colors: red, white National anthem: name: "Kimigayo" (The Emperor"s Reign) lyrics/music: unknown/Hiromori HAYASHI note: adopted 1999; unofficial national anthem since 1883; oldest anthem lyrics in the world, dating to the 10th century or earlier; there is some opposition to the anthem because of its association with militarism and worship of the emperor Diplomatic representation in the US: chief of mission: Ambassador Kenichiro SASAE (since 19 November 2012) consulate(s) general: Anchorage (AK), Atlanta, Boston, Chicago, Dallas, Denver (CO), Detroit (MI), Honolulu (HI), Houston, Las Vegas (NV), Los Angeles, Miami, Nashville (TN), New Orleans, New York, Oklahoma City (OK), Orlando (FL), Philadelphia (PA), Phoenix (AZ), Portland (OR), San Francisco, Seattle, Saipan (Puerto Rico), Tamuning (Guam) Diplomatic representation from the US: chief of mission: Ambassador Caroline Bouvier KENNEDY (since 19 November 2013) embassy: 1-10-5 Akasaka, Minato-ku, Tokyo 107-8420 mailing address: Unit 9800, Box 300, APO AP 96303-0300 telephone: [81] (03) 3224-5000 FAX: [81] (03) 3505-1862 consulate(s) general: Naha (Okinawa), Osaka-Kobe, Sapporo consulate(s): Fukuoka, Nagoya Over the past 70 years, government-industry cooperation, a strong work ethic, mastery of high technology, and a comparatively small defense allocation (1% of GDP) have helped Japan develop an advanced economy. Two notable characteristics of the post-World War II economy were the close interlocking structures of manufacturers, suppliers, and distributors, known as keiretsu, and the guarantee of lifetime employment for a substantial portion of the urban labor force. Both features are now eroding under the dual pressures of global competition and domestic demographic change. Scarce in many natural resources, Japan has long been dependent on imported raw materials. Since the complete shutdown of Japan’s nuclear reactors after the earthquake and tsunami disaster in 2011, Japan's industrial sector has become even more dependent than before on imported fossil fuels. A small agricultural sector is highly subsidized and protected, with crop yields among the highest in the world. While self-sufficient in rice production, Japan imports about 60% of its food on a caloric basis. For three decades, overall real economic growth had been impressive - a 10% average in the 1960s, 5% in the 1970s, and 4% in the 1980s. Growth slowed markedly in the 1990s, averaging just 1.7%, largely because of the aftereffects of inefficient investment and an asset price bubble in the late 1980s, after which it took a considerable time for firms to reduce excess debt, capital, and labor. Modest economic growth continued after 2000, but the economy has fallen into recession four times since 2008. Government stimulus spending helped the economy recover in late 2009 and 2010, but the economy contracted again in 2011 as the massive 9.0 magnitude earthquake and the ensuing tsunami in March of that year disrupted economic activity. The economy has largely recovered in the five years since the disaster, although output in the affected areas continues to lag behind the national average. Japan enjoyed a sharp uptick in growth in 2013 on the basis of Prime Minister Shinzo ABE’s “Three Arrows” economic revitalization agenda - dubbed “Abenomics” - of monetary easing, “flexible” fiscal policy, and structural reform. In 2015, ABE revised his “Three Arrows” to raise nominal GDP by 20% to 600 trillion yen by 2020, stem population decline by raising the fertility rate, and provide more support for workers with children and aging relatives. ABE’s government has replaced the preceding administration’s plan to phase out nuclear power with a new policy of seeking to restart nuclear power plants that meet strict new safety standards, and emphasizing nuclear energy’s importance as a base-load electricity source. Japan successfully restarted two nuclear reactors at the Sendai Nuclear Power Plant in Kagoshima prefecture. In October 2015, Japan and 11 trading partners reached agreement on the Trans-Pacific Partnership, a pact that promises to open Japan's economy to increased foreign competition and create new export opportunities for Japanese businesses. Measured on a purchasing power parity (PPP) basis that adjusts for price differences, Japan in 2015 stood as the fourth-largest economy in the world after first-place China, which surpassed Japan in 2001, and third-place India, which edged out Japan in 2012. While seeking to stimulate and reform the economy, the government must also devise a strategy for reining in Japan's huge government debt, which amounts to more than 230% of GDP. To help raise government revenue, Japan adopted legislation in 2012 to gradually raise the consumption tax rate to 10% by 2015, beginning with a hike from 5% to 8%, implemented in April 2014. That increase had a contractionary effect on GDP, however, so PM ABE in late 2014 decided to postpone the final phase of the increase until April 2017 to give the economy more time to recover. Led by the Bank of Japan’s aggressive monetary easing, Japan is making progress in ending deflation, but demographic decline – a low birthrate and an aging, shrinking population – poses a major long-term challenge for the economy. GDP - real growth rate: 0.5% (2016 est.) 0.5% (2015 est.) 0% (2014 est.) investment in inventories: -0.1% Agriculture - products: vegetables, rice, fish, poultry, fruit, dairy products, pork, beef, flowers, potatoes/taros/yams, sugar cane, tea, legumes, wheat and barley Industries: among world's largest and most technologically advanced producers of motor vehicles, electronic equipment, machine tools, steel and nonferrous metals, ships, chemicals, textiles, processed foods services: 70.9% (February 2015 est) Population below poverty line: 16.1% (2013 est.) Budget: revenues: $1.696 trillion Public debt: 234.7% of GDP (2016 est.) 230% of GDP (2015 est.) Fiscal year: 1 April - 31 March Inflation rate (consumer prices): Inflation rate (consumer prices): -0.1% (2016 est.) 0.8% (2015 est.) Current account balance: $176.1 billion (2016 est.) $135.6 billion (2015 est.) Exports: $641.4 billion (2016 est.) $622 billion (2015 est.) Exports - commodities: motor vehicles 14.9%; iron and steel products 5.4%; semiconductors 5%; auto parts 4.8%; power generating machinery 3.5%; plastic materials 3.3% (2014 est.) Exports - partners: US 20.2%, China 17.5%, South Korea 7.1%, Hong Kong 5.6%, Thailand 4.5% (2015) Imports - commodities: petroleum 16.1%; liquid natural gas 9.1%; clothing 3.8%; semiconductors 3.3%; coal 2.4%; audio and visual apparatus 1.4% (2014 est.) Imports - partners: China 24.8%, US 10.5%, Australia 5.4%, South Korea 4.1% (2015) Reserves of foreign exchange and gold: $1.233 trillion (31 December 2015 est.) $1.261 trillion (31 December 2014 est.) Debt - external: $3.24 trillion (31 March 2016 est.) $2.83 trillion (31 March 2015 est.) Stock of direct foreign investment - at home: $204.3 billion (31 December 2016 est.) $202.4 billion (31 December 2015 est.) Exchange rates: yen (JPY) per US dollar - 107.1 (2016 est.) 121.02 (2015 est.) 121.02 (2014 est.) 97.44 (2013 est.) 79.79 (2012 est.) Electricity - installed generating capacity: 313 million kW (2014 est.) Crude oil - production: 4,247 bbl/day (2015 est.) Crude oil - proved reserves: 541.6 million bbl (March, 2015 est.) Refined petroleum products - consumption: 4.12 million bbl/day (2015 est.) Refined petroleum products - imports: 1.067 million bbl/day (2015 est.) Natural gas - production: 4.757 billion cu m (2014 est.) Natural gas - consumption: 131.3 billion cu m (2014 est.) Natural gas - imports: 124.7 billion cu m (2014 est.) Natural gas - proved reserves: 20.9 billion cu m (1 January 2016 es) Carbon dioxide emissions from consumption of energy: 1.257 billion Mt (2013 est.) Cellular Phones in use: total: 158.591 million subscriptions per 100 inhabitants: 125 (July 2015 est.) Telephone system: general assessment: excellent domestic and international service domestic: high level of modern technology and excellent service of every kind international: country code - 81; numerous submarine cables provide links throughout Asia, Australia, the Middle East, Europe, and US; satellite earth stations - 7 Intelsat (Pacific and Indian Oceans), 1 Intersputnik (Indian Ocean region), 2 Inmarsat (Pacific and Indian (2012) Broadcast media: a mixture of public and commercial broadcast TV and radio stations; 6 national terrestrial TV networks including 1 public broadcaster; the large number of radio and TV stations available provide a wide range of choices; satellite and cable services provid (2012) Internet country code: .jp Internet users: total: 118.453 million percent of population: 93.3% (July 2015 est.) Airports (unpaved runways): total 33 914 to 1,523 m: 5 Heliports: 16 (2013) Pipelines: gas 4,456 km; oil 174 km; oil/gas/water 104 km (2013) standard gauge: 4,800 km 1.435-m gauge (4,800 km electrified) dual gauge: 132 km 1.435-1.067-m gauge (132 km electrified) narrow gauge: 124 km 1.372-m gauge (124 km electrified); 22,207 km 1.067-m gauge (15,430 km electrified); 48 km 0.762-m gauge (48 km electrified) (2015) Roadways: total 1,218,772 km paved: 992,835 km (includes 8,428 km of expressways) unpaved: 225,937 km (2015) Waterways: 1,770 km (seagoing vessels use inland seas) (2010) by type: bulk carrier 168, cargo 34, carrier 3, chemical tanker 29, container 2, liquefied gas 58, passenger 11, passenger/cargo 117, petroleum tanker 152, refrigerated cargo 4, roll on/roll off 52, vehicle carrier 54 registered in other countries: 3,122 (Bahamas 88, Bermuda 2, Burma 1, Cambodia 1, Cayman Islands 23, China 2, Cyprus 16, Honduras 4, Hong Kong 79, Indonesia 8, Isle of Man 19, Liberia 110, Luxembourg 3, Malaysia 2, Malta 5, Marshall Islands 59, Mongolia 2, Netherlands 1, Panama 2372, Philipp (2010) Ports and terminals: major seaport(s): Chiba, Kawasaki, Kobe, Mizushima, Moji, Nagoya, Osaka, Tokyo, Tomakomai, Yokohama container port(s) (TEUs): Kobe (2,725,304), Nagoya (2,471,821), Osaka (2,172,797), Tokyo (4,416,119), Yokohama (2,992,517) LNG terminal(s) (import): Chita, Fukwoke, Futtsu, Hachinone, Hakodate, Hatsukaichi, Higashi Ohgishima, Higashi Niigata, Himeiji, Joetsu, Kagoshima, Kawagoe, Kita Kyushu, Mizushima, Nagasaki, Naoetsu, Negishi, Ohgishima, Oita, Sakai, Sakaide, Senboku, Shimizu, Shin Minato, Sodegaura, Tobata, Yanai, Yokkaichi; Okinawa - Nakagusuku Military branches: Japanese Ministry of Defense (MOD): Ground Self-Defense Force (Rikujou Jieitai, GSDF), Maritime Self-Defense Force (Kaijou Jieitai, MSDF), Air Self-Defense Force (Koukuu Jieitai, ASDF) (2011) Military service age and obligation: 18 years of age for voluntary military service; no conscription; mandatory retirement at age 53 for senior enlisted personnel and at 62 years for senior service officers (2012) Military expenditures: 0.97% of GDP (2012) 1.01% of GDP (2011) 0.99% of GDP (2010) Disputes - International: the sovereignty dispute over the islands of Etorofu, Kunashiri, and Shikotan, and the Habomai group, known in Japan as the "Northern Territories" and in Russia as the "Southern Kuril Islands," occupied by the Soviet Union in 1945, now administered by Russia and claimed by Japan, remains the primary sticking point to signing a peace treaty formally ending World War II hostilities; Japan and South Korea claim Liancourt Rocks (Take-shima/Tok-do) occupied by South Korea since 1954; the Japanese-administered Senkaku Islands are also claimed by China and Taiwan stateless persons: 603 (2015) RomaniaUnited StatesGermanyMoldovaItalyUnited KingdomIrelandNetherlandsBelgiumSpainFranceRussiaCanadaAustriaHungarySingaporeDenmarkGreeceSerbiaCyprusIsraelIcelandSwedenBrazilSwitzerlandPolandAustraliaIndonesiaEgyptPortugalNorwayCzechiaBulgariaTurkeyFinlandCroatiaCambodiaPhilippinesSouth KoreaBurmaArgentinaUnited Arab EmiratesBangladeshMonacoJapanUkraineAfghanistanPakistanSloveniaIndiaMontenegroBosnia and HerzegovinaLuxembourgColombiaNorth Macedonia « Previous Country \| Next Country » Back to Flag Counter Overview	cc/2019-30/en_head_0030.json.gz/line266
__label__cc	0.746757	0.253243	Argument from The Openness of the World to Divine Actions On theism, and Christian theism we would expect the world to be structured and disposed so that God would have almost unlimited freedom to bring about any effect in the physical world (resurrect the dead, turn water into wine, change the constants and quantities and initial conditions of the universe to bring about a transformed creation, and the like) in as many modes as possible: interventionist, non-interventionist, episodic, and continuously. On some of the most widely accepted interpretations of quantum mechanics today, this is exactly the world we live in. On certain other interpretations God's actions in the world are limited to varying degrees and even metaphysically impossible (et al Alexander Bird). So, we have strong reasons on theism to expect the world to set up in manner that allows for robust divine action, reasons that we don't have on naturalism. See the article below for the details. One would simply have to add in some kind of structural realism to keep what matters from quantum mechanics if it turns out to be false in certain ways in the future. god_acts_in_the_quantum_world_chapter_7.pdf The Argument from Language argument_from_language.pdf The Usefulness Of Mathematics As An Argument For Theism the_applicability_of_mathematics.docx The Methodology, Uses, and Goals of Arguments In Natural Theology Natural Theology & The Uses of Argument by Tim McGrew & John DePoe natural_theology_and_the_uses_of_argument.pdf On Caring About and Pursuing Truth: http://exapologist.blogspot.com/2007/01/on-caring-about-and-pursuing-truth.html The Argument From Moral Agency the_best_argument_for_god.docx An Argument For God From Logic the_lord_of_non-contradiction.pdf Critique of the above argument: http://philosophyandtheism.wordpress.com/tag/philosophia-christi/ Side Note: The logical structure of this argument seems very apt to accomodate a moral argument for the existence of God from necessary moral truths as well. The Laws Of Nature Provide Evidence For Theism god_and_the_laws_of_nature.doc John Foster presents a clear and powerful discussion of a range of topics relating to our understanding of the universe: induction, laws of nature, and the existence of God. He begins by developing a solution to the problem of induction - a solution that involves the postulation of laws of nature, as forms of natural necessity. He then offers a radically new account of the nature of such laws and the distinctive kind of necessity they involve. Finally, he uses this account as the basis for an argument for the existence of God as the creator of the laws and the universe they govern. The Divine Lawmaker is bold and original in its approach, and rich in argument. http://www.amazon.com/The-Divine-Lawmaker-Induction-Existence/dp/0199250596/ref=sr_1_fkmr0_1?ie=UTF8&qid=1364590564&sr=8-1-fkmr0&keywords=frost+laws+of+nature+theism The Kalam Cosmological Argument by William Lane Craig and James Sinclair craig-and-sinclair-the-kalam-cosmological-argument.pdf The Fine-Tuning Argument infraredbullseye-philstud-final-wtp.pdf abridged_version_of_fine-tuning_book.doc fine-tuning_powerpoint_final_version_10-3-08.ppt Taken from apologetics315.com: Today's interview is with Robin Collins, professor of philosophy at Messiah College. His training is in physics and in philosophy and he is a leading advocate for using the fine-tuning of the universe as a design argument for theism. He talks about his background and training, the fine-tuning argument, the different types of fine-tuning with examples and illustrations (laws, constants and initial conditions), two different ways of presenting the fine-tuning argument, answering common objections to the argument, the uniqueness of life, variations of the multiverse hypothesis, the failure of multiverse theory to explain away fine-tuning, objections to Victor Stenger, upcoming books, simplifying the fine-tuning argument for practical use, common mistakes when presenting the argument, the most common objection (who designed God?), and more. The Leibnizian Cosmological Argument by Alexander Pruss leib._cos._argument.docx	cc/2019-30/en_head_0030.json.gz/line277
__label__cc	0.687459	0.312541	^ Gavin Flood: "These renouncer traditions offered a new vision of the human condition which became incorporated, to some degree, into the worldview of the Brahman householder. The ideology of asceticism and renunciation seems, at first, discontinuous with the brahmanical ideology of the affirmation of social obligations and the performance of public and domestic rituals. Indeed, there has been some debate as to whether asceticism and its ideas of retributive action, reincarnation and spiritual liberation, might not have originated outside the orthodox vedic sphere, or even outside Aryan culture: that a divergent historical origin might account for the apparent contradiction within 'Hinduism' between the world affirmation of the householder and the world negation of the renouncer. However, this dichotomization is too simplistic, for continuities can undoubtedly be found between renunciation and vedic Brahmanism, while elements from non-Brahmanical, Sramana traditions also played an important part in the formation of the renunciate ideal. Indeed there are continuities between vedic Brahmanism and Buddhism, and it has been argued that the Buddha sought to return to the ideals of a vedic society which he saw as being eroded in his own day."[49] Public health also takes various actions to limit the health disparities between different areas of the country and, in some cases, the continent or world. One issue is the access of individuals and communities to health care in terms of financial, geographical or socio-cultural constraints to accessing and using services.[54] Applications of the public health system include the areas of maternal and child health, health services administration, emergency response, and prevention and control of infectious and chronic diseases. "When going out for fast food, I used to get the large-size value meal. Now, I satisfy a craving by ordering just one item: a small order of fries or a six-piece box of chicken nuggets. So far, I've shaved off 16 pounds in seven weeks, and I'm on track to being thinner than my high school self for my 10-year reunion later this year." —Miranda Jarrell, Birmingham, AL	cc/2019-30/en_head_0030.json.gz/line286
__label__wiki	0.907817	0.907817	DARK TRANQUILLITY premieres new track, "For Broken Words" By beast - April 15, 2013 Melodic death metal pioneers DARK TRANQUILLITY will release their much-anticipated 10th studio album, Construct, on May 27th in Europe and on May 28th in North America via Century Media Records. To get your first preview of Construct, click the link below to hear the album track, "For Broken Words": http://www.youtube.com/watch?v=QTkwuyb_PLc DARK TRANQUILLITY comments about "For Broken Words": "This is one of the heaviest and most brooding tracks from 'Construct', so it's a good candidate for the online premiere song position. More music from the album will be presented shortly." Decades after their inception, Gothenburg's DARK TRANQUILLITY remains at the forefront of the scene that they helped to define as one of the longest-standing melodic death metal bands. Their 10th studio album, Construct, continues in the tradition of their past records by not straying from the band's roots, while also putting a fresh spin on their trademark sound. After over 20 years together, DARK TRANQUILLITY yet again proves that they are more vital than ever. Some European summer festival appearances have already been announced, and the band is currently working on an EU/UK tour for this upcoming November/December. North American fans can look forward to a full tour being planned for September 2013. Stay tuned for more tour dates coming soon! DARK TRANQUILLITY live: 5.1.2013--Tunesia, Tunis--Le Plug 5.3.2013--Romania, Bucharest--Arenele Romane 5.4.2013--Turkey, Istanbul--Refresh The Venue 6.1.2013--Germany, Geiselwind--Beastival Festival 6.7.2013--United Arab Emirates, Dubai--Rock Fest 6.28.2013--Czech Republic, Spalene Porici--Basinfire Festival 8.23.2013--Germany, Wörrstedt--Neuborn Open Air DARK TRANQUILLITY online: http://www.darktranquillity.com http://www.facebook.com/dtofficial http://www.myspace.com/dtofficial http://twitter.com/dtofficial ALL THINGS METAL CENTURY MEDIA RECORDS DARK TRANQUILLITY NEW TRACK	cc/2019-30/en_head_0030.json.gz/line288
__label__cc	0.561627	0.438373	Industrial Psychology Bestnes Business Consulting In Engineering Bestnes Indistrial Engineering Industrial engineering is a branch of engineering which deals with the optimization of complex processes or systems. Industrial engineers work to eliminate waste of time, money, materials, man-hours, machine time, energy and other resources that do not generate value. According to the Institute of Industrial Engineers, they figure out how to do things better. They engineer processes and systems that improve quality and productivity.[1] Industrial engineers are the only engineering professionals trained specifically to be productivity and quality improvement specialists. As they work to improve processes on a technical point of view, but also to optimise the efficiency and profitability of businesses, many practitioners say that an industrial engineering education offers the best of both worlds: an education in both engineering and business. Industrial engineering is concerned with the development, improvement, and implementation of integrated systems of people, money, knowledge, information, equipment, energy, materials, analysis and synthesis, as well as the mathematical, physical and social sciences together with the principles and methods of engineering design to specify, predict, and evaluate the results to be obtained from such systems or processes.[2] While industrial engineering is a traditional and longstanding engineering discipline subject to (and eligible for) professional engineering licensure in most jurisdictions, its underlying concepts overlap considerably with certain business-oriented disciplines such as operations management. Depending on the sub-specialties involved, industrial engineering may also be known as, or overlap with, operations management, management science, operations research, systems engineering, management engineering, manufacturing engineering, ergonomics or human factors engineering, safety engineering, or others, depending on the viewpoint or motives of the user. 2.1 Origins 2.1.1 Industrial Revolution 2.1.2 Specialization of labor 2.1.3 Interchangeable parts 2.2 Pioneers 2.3 Modern practice 2.4 University programs 2.4.1 Undergraduate curriculum 2.4.2 Postgraduate curriculum 2.5 Salaries and workforce statistics This section does not cite any sources. Please help improve this section by adding citations to reliable sources. Unsourced material may be challenged and removed. (October 2014) While originally applied to manufacturing, the use of "industrial" in "industrial engineering" can be somewhat misleading, since it has grown to encompass any methodical or quantitative approach to optimizing how a process, system, or organization operates. Some engineering universities and educational agencies around the world have changed the term "industrial" to broader terms such as "production" or "systems", leading to the typical extensions noted above. In fact, the primary U.S. professional organization for Industrial Engineers, the Institute of Industrial Engineers (IIE) has been considering changing its name to something broader (such as the Institute of Industrial & Systems Engineers), although the latest vote among membership deemed this unnecessary for the time being. The various topics concerning industrial engineers include: accounting: the measurement, processing and communication of financial information about economic entities operations research, also known as management science: discipline that deals with the application of advanced analytical methods to help make better decisions operations management: an area of management concerned with overseeing, designing, and controlling the process of production and redesigning business operations in the production of goods or services. project management: is the process and activity of planning, organizing, motivating, and controlling resources, procedures and protocols to achieve specific goals in scientific or daily problems. job design: the specification of contents, methods and relationship of jobs in order to satisfy technological and organizational requirements as well as the social and personal requirements of the job holder. financial engineering: the application of technical methods, especially from mathematical finance and computational finance, in the practice of finance management engineering: a specialized form of management that is concerned with the application of engineering principles to business practice supply chain management: the management of the flow of goods. It includes the movement and storage of raw materials, work-in-process inventory, and finished goods from point of origin to point of consumption. process engineering: design, operation, control, and optimization of chemical, physical, and biological processes. systems engineering: an interdisciplinary field of engineering that focuses on how to design and manage complex engineering systems over their life cycles. ergonomics: the practice of designing products, systems or processes to take proper account of the interaction between them and the people that use them. safety engineering: an engineering discipline which assures that engineered systems provide acceptable levels of safety. cost engineering: practice devoted to the management of project cost, involving such activities as cost- and control- estimating, which is cost control and cost forecasting, investment appraisal, and risk analysis. value engineering: a systematic method to improve the "value" of goods or products and services by using an examination of function. quality engineering: a way of preventing mistakes or defects in manufactured products and avoiding problems when delivering solutions or services to customers. Industrial plant configuration: sizing of necessary infrastructure used in support and maintenance of a given facility. facility management: an interdisciplinary field devoted to the coordination of space, infrastructure, people and organization engineering design process: formulation of a plan to help an engineer build a product with a specified performance goal. logistics: the management of the flow of goods between the point of origin and the point of consumption in order to meet some requirements, of customers or corporations. Traditionally, a major aspect of industrial engineering was planning the layouts of factories and designing assembly lines and other manufacturing paradigms. And now, in so-called lean manufacturing systems, industrial engineers work to eliminate wastes of time, money, materials, energy, and other resources. Examples of where industrial engineering might be used include flow process charting, process mapping, designing an assembly workstation, strategizing for various operational logistics, consulting as an efficiency expert, developing a new financial algorithm or loan system for a bank, streamlining operation and emergency room location or usage in a hospital, planning complex distribution schemes for materials or products (referred to as supply-chain management), and shortening lines (or queues) at a bank, hospital, or a theme park. Modern industrial engineers typically use predetermined motion time system, computer simulation (especially discrete event simulation), along with extensive mathematical tools for modelling, such as mathematical optimization and queue theory, and computational methods for system analysis, evaluation, and optimization. See also: List of industrial engineers There is a general consensus among historian that the roots of the Industrial Engineering Profession date back to the Industrial Revolution. The technologies that helped mechanize traditional manual operations in the textile industry including the Flying shuttle, the Spinning jenny, and perhaps most importantly the Steam engine generated Economies of scale that made Mass production of in centralized locations attractive for the first time. The concept of the production system had its genesis in the factories created by these innovations.[3] Specialization of labor[edit] Watt's steam engine. Adam Smith's concepts of Division of Labour and the "Invisible Hand" of capitalism introduced in his treatise "The Wealth of Nations" motivated many of the technological innovators of the Industrial revolution to establish and implement factory systems. The efforts of James Watt and Matthew Boulton led to the first integrated machine manufacturing facility in the world, including the implementation of concepts such as cost control systems to reduce waste and increase productivity and the institution of skills training for craftsmen.[3] Charles Babbage became associated with Industrial engineering because of the concepts he introduced in his book "On the Economy of Machinery and Manufacturers" which he wrote as a result of his visits to factories in England and the United States in the early 1800s. The book includes subjects such as the time required to perform a specific task, the effects of subdividing tasks into smaller and less detailed elements, and the advantages to be gained from repetitive tasks.[3] Interchangeable parts Eli Whitney and Simeon North proved the feasibility of the notion of Interchangeable parts in the manufacture of muskets and pistols for the US Government. Under this system, individual parts were mass-produced to tolerances to enable their use in any finished product. The result was a significant reduction in the need for skill from specialized workers, which eventually led to the industrial environment to be studied later.[3] Frederick Taylor is generally credited as being the father of the Industrial Engineering discipline. He earned a degree in mechanical engineering from Steven's University, and earned several patents from his inventions. His books, Shop Management and The Principles of Scientific management which were published in the early 1900s, were the beginning of Industrial Engineering.[4] Improvements in work efficiency under his methods was based on improving work methods, developing of work standards, and reduction in time required to carry out the work. With an abiding faith in the scientific method, Taylor's contribution to "Time Study" sought a high level of precision and predictability for manual tasks.[3] Frank Gilbreth and Lilian Gilbreth were the other cornerstone of the Industrial Engineering movement. They categorized the elements of human motion into 18 basic elements called therbligs. This development permitted analysts to design jobs without knowledge of the time required to do a job. These developments were the beginning of a much broader field known as human factors or ergonomics.[3] In the United States, the first department of industrial and manufacturing engineering was established at the Pennsylvania State University in 1909. The first doctoral degree in industrial engineering was awarded in 1933 by Cornell University. In 1912 Henry Laurence Gantt developed the Gantt chart which outlines actions the organization along with their relationships. This chart opens later form familiar to us today by Wallace Clark. Assembly lines: moving car factory of Henry Ford (1913) accounted for a significant leap forward in the field. Ford reduced the assembly time of a car more than 700 hours to 1.5 hours. In addition, he was a pioneer of the economy of the capitalist welfare ("welfare capitalism") and the flag of providing financial incentives for employees to increase productivity. Comprehensive quality management system (Total quality management or TQM) developed in the forties was gaining momentum after World War II and was part of the recovery of Japan after the war. Modern practice In 1960 to 1975, with the development of decision support systems in supply such as the Material requirements planning (MRP), you can emphasize the timing issue (inventory, production, compounding, transportation, etc.) of industrial organization. Israeli scientist Dr. Jacob Rubinovitz installed the CMMS program developed in IAI and Control-Data (Israel) in 1976 in South Africa and worldwide. In the seventies, with the penetration of Japanese management theories such as Kaizen and Kanban, Japan realized very high levels of quality and productivity. These theories improved issues of quality, delivery time, and flexibility. Companies in the west realized the great impact of Kaizen and started implementing their own Continuous improvement programs. In the nineties, following the global industry globalization process, the emphasis was on supply chain management, and customer-oriented business process design. Theory of constraints developed by an Israeli scientist Eliyahu M. Goldratt (1985) is also a significant milestone in the field. 2016 U.S. News Rankings[5] University Rank Georgia Institute of Technology 1 University of Michigan, Ann Arbor 2 Purdue University 3 University of California, Berkeley 4 Northwestern University 5 Virginia Tech 6 Penn State University 7 Stanford University 8 University of Wisconsin-Madison 9 Universities offer degrees at the bachelor, masters, and doctoral level. Undergraduate curriculum In the United States the undergraduate degree earned is the Bachelor of Science (B.S.) or Bachelor of Science and Engineering (B.S.E.) in Industrial Engineering (IE). Variations of the title include Industrial & Operations Engineering (IOE), and Industrial & Systems Engineering (ISE). The typical curriculum includes a broad math and science foundation spanning chemistry, physics, mechanics (i.e. statics and dynamics), materials science, computer science, electronics/circuits, engineering design, and the standard range of engineering mathematics (i.e. calculus, differential equations, statistics). For any engineering undergraduate program to be accredited, regardless of concentration, it must cover a largely similar span of such foundational work - which also overlaps heavily with the content tested on one or more engineering licensure exams in most jurisdictions. The coursework specific to IE entails specialized courses in areas such as systems theory, Ergonomics/safety, Stochastic modeling, optimization, and engineering economics. Elective subjects may include management, finance, strategy, and other business-oriented courses, and for general electives social science and humanities courses. Business schools may offer programs with some overlapping relevance to IE, but the engineering programs are distinguished by a more intensely quantitative focus as well as the core math and science courses required of all engineering programs. Postgraduate curriculum The usual postgraduate degree earned is the Master of Science (MS) or Master of Science and Engineering (MSE) in Industrial Engineering or various alternative related concentration titles. Typical MS curricula may cover: Operations research and optimization techniques Supply chain management and logistics Systems simulation and stochastic processes System dynamics and policy planning System analysis and techniques Manufacturing systems/manufacturing engineering Human factors engineering and ergonomics (safety engineering) Computer-aided manufacturing Facilities design and work-space design Reliability engineering and life testing Statistical process control or quality control Time and motion study Predetermined motion time system and computer use for IE Productivity improvement Salaries and workforce statistics The total number of engineers employed in the US in 2006 was roughly 1.5 million. Of these, 201,000 were industrial engineers (13.3%), the third most popular engineering specialty. The average starting salaries were $55,067 with a bachelor's degree, $77,364 with a master's degree, and $100,759 with a doctorate degree. This places industrial engineering at 7th of 15 among engineering bachelor's degrees, 3rd of 10 among master's degrees, and 2nd of 7 among doctorate degrees in average annual salary.[6] The median annual income of industrial engineers in the U.S. workforce is $68,624. The average total starting salary in 2011 for Norwegian industrial engineers is NOK 505,100 ($83,100),[7] while the average total salary in general is NOK 1,049,054 ($172 600).[8] Wikimedia Commons has media related to Industrial engineering. List of production topics Nutrient systems Overall equipment effectiveness Product design / industrial design Sales process engineering Sociotechnical systems Statistical process control American Society for Quality The UK MTM Association European Students of Industrial Engineering and Management Indian Institution of Industrial Engineering Institute of Industrial Engineers Institution of Electrical Engineers Washington Accord Jump up ^ "What IEs Do". www.iienet2.org. Retrieved 2015-09-24. Jump up ^ Salvendy, Gabriel. Handbook of Industrial Engineering. John Wiley & Sons, Inc; 3rd edition p. 5 ^ Jump up to: a b c d e f Maynard & Zandin. Maynard's Industrial Engineering Handbook. McGraw Hill Professional 5th Edition. June 5, 2001. p. 1.4-1.6 Jump up ^ All about industrial engineering Jump up ^ "2016 U.S. News Rankings". U.S. News. May 18, 2015. Retrieved November 13, 2013. Jump up ^ U.S. Department of Labor, Bureau of Labor Statistics, Engineering – http://www.bls.gov/oco/ocos027.htm#earnings – Accessed January 14, 2009 Jump up ^ NTNU Bindeleddet's diplomundersøkelsen 2011 (eng.: diploma study 2011) Jump up ^ NTNU Bindeleddet's alumniundersøkelsen 2012 (eng.: alumni study 2012) Badiru, A. (Ed.) (2005). Handbook of industrial and systems engineering. CRC Press. ISBN 0-8493-2719-9. B. S. Blanchard and Fabrycky, W. (2005). Systems Engineering and Analysis (4th Edition). Prentice-Hall. ISBN 0-13-186977-9. Salvendy, G. (Ed.) (2001). Handbook of industrial engineering: Technology and operations management. Wiley-Interscience. ISBN 0-471-33057-4. Turner, W. et al. (1992). Introduction to industrial and systems engineering (Third edition). Prentice Hall. ISBN 0-13-481789-3. Eliyahu M. Goldratt, Jeff Cox: The Goal” (1984). North River Press; 2nd Rev edition (1992). ISBN 0-88427-061-0; 20th Anniversary edition (2004) 0-88427-178-1 Miller, Doug, Towards Sustainable Labour Costing in UK Fashion Retail (February 5, 2013). Available at SSRN: http://ssrn.com/abstract=2212100 or http://dx.doi.org/10.2139/ssrn.2212100 Malakooti, B. (2013). Operations and Production Systems with Multiple Objectives. John Wiley & Sons.ISBN 978-1-118-58537-5 The Best Way to Win Is to Know When to Quit. Why This Business Owner Only Hires People Smarter Than Him. Продается парашют. В отличном состоянии. Ни разу не раскрывался. Сбоку есть небольшое пятно… смело иди вперед Тем, кто всегда некстати и невпопад Innovative organisation Evolutionary trajectory of human decision-making © Bestnes Ltd. All rights reserved.	cc/2019-30/en_head_0030.json.gz/line290
__label__cc	0.518457	0.481543	Football reserved-seat tickets on sale now Reserved‐seat season AHS football tickets on sale now Reserved‐seat season football tickets to go on sale Monday Reserved-seat season football tickets on sale now Published: 4:04 pm, Sun. Aug. 13th, 2017Updated: 4:02 pm Reserved-seat season tickets for the 2017 season of Artesia High School football are on sale now. Only reserved-seat ticket holders from last year will be allowed to purchase their same seats during the first two weeks of sales. Lower-section reserved tickets are $35 each, while upper-deck, chair-back seats are $40 each. Reserved-seat book covers also admit the holder to junior varsity football games free of charge. Regular JV admission is $3 for adults, $2 for students. Ticket holders from 2016 have until 4 p.m. Friday, Aug. 25, to purchase their same seats; unclaimed reserved-seat season tickets will go on sale to the general public on a first come, first served basis beginning Monday, Aug. 28. Single reserved-seat tickets, if available, will be sold on the Friday of each home game beginning Sept. 1. Lower-section tickets are $8 each, and upper-deck tickets are $9 each. General admission ticket sales will also be conducted Monday through Friday during the week of each home game at a cost of $5 for adult tickets, $3 for students. Student tickets will also be sold on home-game Fridays at all Artesia Public Schools. All tickets will be $5 at the gate. The AHS athletic office in Bulldog Pit is open from 8 a.m. – noon and 1-4 p.m. weekdays, and over the noon hour on home-game Fridays only.	cc/2019-30/en_head_0030.json.gz/line293
__label__wiki	0.938541	0.938541	Home Page > Picture Archives > Year 2006 > Album 535 > Photo 04 > Similar 535-04. North Rampart Street near Ursulines Street in French Quarter. New Orleans, Louisiana, July 2, 2006 Large thumbnails \| Use small thumbnails \| View as slideshow .../2006/533/04.htm similar Dupaquier House at 1101-03 North Rampart street, a corner of Ursulines Street opposite to French Quarter. New Orleans, Louisiana, June 18, 2006 Milan s Yugoslav Club Bar and Lounge on North Rampart Street near Saint Peter Street in French Quarter. New Orleans, Louisiana, July 9, 2006 Old apartments and Orlando s Society Page Lounge bar on Toulouse Street, a corner of 542 North Rampart Street in French Quarter. New Orleans, Louisiana, July 30, 2006 Ursulines Street near Dauphine Street in French Quarter. New Orleans, Louisiana, July 16, 2006 Red Creole cottage at 924 - 926 Ursulines Street near Burgundy Street in French Quarter. New Orleans, Louisiana, July 16, 2006 Orleans Street, view from a corner of North Rampart Street in French Quarter. New Orleans, Louisiana, September 24, 2006 North Rampart Street near Saint Peter Street in French Quarter. New Orleans, Louisiana, September 24, 2006 A cottage near 818 Ursulines Street in French Quarter. New Orleans, Louisiana, July 16, 2006 Orleans Street near North Rampart Street in French Quarter. New Orleans, Louisiana, October 7, 2006 Milan s Yugoslav Club at North Rampart Street near Saint Peter Street in French Quarter. New Orleans, Louisiana, September 5, 2006 Young Men Gymnastics Club Administration Building on Bienville Street near North Rampart Street in French Quarter. New Orleans, Louisiana, May 28, 2006 Bar and Lounge (Milan s Yugoslav Club) at North Rampart Street near Saint Peter Street in French Quarter. New Orleans, Louisiana, June 23, 2006 A door near Orlando s Society Page Lounge on North Rampart Street near Toulouse Street in French Quarter. New Orleans, Louisiana, September 24, 2006 Ernest Bellocq House (1856), later Norma Wallace brothel, now apartment house at 1026 Conti Street near North Rampart Street in French Quarter. New Orleans, Louisiana, July 5, 2006 Norma Wallace House of Prostitution (former Ernest Bellocq House, now a multi-family home, 1856) at 1026 Conti Street near North Rampart Street in French Quarter. New Orleans, Louisiana, July 19, 2006 Bourbon Street near Ursulines Street in French Quarter. New Orleans, Louisiana, June 1, 2006 Bourbon Street near Ursulines Street in French Quarter. New Orleans, Louisiana, August 26, 2006 Chartres Street near Ursulines Street in French Quarter. New Orleans, Louisiana, September 3, 2006 A window at 627 Ursulines Street near Royal Street in French Quarter. New Orleans, Louisiana, September 24, 2006 Creole cottage at 924 - 926 Ursulines Street near Burgundy Street in French Quarter. New Orleans, Louisiana, September 24, 2006 1114 - 1116 Royal Street near Ursulines Street in French Quarter. New Orleans, Louisiana, September 24, 2006 Somewhere near Ursulines Street in French Quarter in fog. New Orleans, Louisiana, December 13, 2006 Saint Mark s Methodist Church of the Vieux Carre on North Rampart Street in French Quarter. New Orleans, Louisiana, May 27, 2006 Saint Mark s Methodist Church of the Vieux Carre on North Rampart Street in French Quarter. New Orleans, Louisiana, August 26, 2006 A corner of Ursulines Avenue and Royal Street in French Quarter. New Orleans, Louisiana, May 27, 2006 A corner of Ursulines Avenue and Dauphine Street in French Quarter. New Orleans, Louisiana, May 27, 2006 Multi-family 7 units apartments (1856), a former Ernest Bellocq House and high-class bordello of Norma Wallace at 1026 Conti Street near North Rampart Street in French Quarter. New Orleans, Louisiana, December 9, 2006 Creole cottage at 1018 Dumaine Street, between Burgundy and Rampart in French Quarter. New Orleans, Louisiana, April 21, 2006 Near North Rampart Street in French Quarter at evening. New Orleans, Louisiana, January 1, 2007 A corner of Ursulines and Burgundy streets in French Quarter. New Orleans, Louisiana, July 16, 2006 A corner of Ursulines and Dauphine streets in French Quarter. New Orleans, Louisiana, July 16, 2006 A corner of Chartres and Ursulines streets in French Quarter. New Orleans, Louisiana, July 16, 2006 A corner of Ursulines and Chartres streets in French Quarter. New Orleans, Louisiana, July 22, 2006 A corner of Ursulines and Royal streets in French Quarter. New Orleans, Louisiana, July 16, 2006 Gardette - LaPretre House at 716 Dauphine Street, a corner of Orleans Street in French Quarter. New Orleans, Louisiana, July 16, 2006 Barracks Street near Chartres Street in French Quarter. New Orleans, Louisiana, July 15, 2006 A Creole cottage on Bienville Street near Burgundy Street in French Quarter. New Orleans, Louisiana, July 13, 2006 A cottage at 913 - 915 Saint Philip Street near Dauphine Street in French Quarter. New Orleans, Louisiana, July 22, 2006 Beauregard - Keyes House, 1826, (Joseph LeCarpentier House, a residence of General Pierre Gustave Toutant Beauregard and Frances Parkinson Keyes), at 1113 Chartres Street near Ursulines Street in French Quarter. New Orleans, Louisiana, September 3, 2006 Creole cottage at 1129(?) Burgundy Street near Saint Ann Street in French Quarter. New Orleans, Louisiana, July 30, 2006 Creole cottage at 927 Saint Philip Street near Dauphine Street in French Quarter. New Orleans, Louisiana, July 22, 2006 Creole cottage near 829 Saint Philip Street and Dauphine Street in French Quarter. New Orleans, Louisiana, July 22, 2006 Balconies loaded by bricks at 1010 Dumaine Street near Burgundy Street in French Quarter. New Orleans, Louisiana, July 9, 2006 Forstall House (1859) at 920 Saint Louis Street near Burgundy Street in French Quarter. New Orleans, Louisiana, July 19, 2006 Absinthe House (1806) at 238 Bourbon Street, a corner of Bienville street in French Quarter. New Orleans, Louisiana, July 13, 2006 A courtyard littered by bricks at 1010 Dumaine Street near Burgundy Street in French Quarter. New Orleans, Louisiana, July 30, 2006 Lalaurie House at 1140 Royal Street, a corner of Governor Nicholls Street in French Quarter. New Orleans, Louisiana, July 15, 2006 Chateau Hotel at 1001 Saint Philip Street, a corner of Chartres Street in French Quarter. New Orleans, Louisiana, July 16, 2006 A corner of Royal and Ursulines streets in French Quarter. New Orleans, Louisiana, December 9, 2006 Corner of Dauphine and Ursulines streets in French Quarter. New Orleans, Louisiana, June 1, 2006 Tourists watching a street musician near Galerie d Art Francais at 541 Royal, a corner of Toulouse Street in French Quarter. New Orleans, Louisiana, July 22, 2006 Bourbon Street near crossing with Saint Peter Street, view from Orleans Street, in French Quarter. New Orleans, Louisiana, April 21, 2006 A corner of Dauphine and Ursulines streets in French Quarter at evening. New Orleans, Louisiana, June 18, 2006 916 Dauphine Street in French Quarter at sunset. New Orleans, Louisiana, July 9, 2006 Gabriel Peyroux House (1780), now Hotel Saint Pierre at 901 - 7 Burgundy Street, a corner of Dumaine Street in French Quarter. New Orleans, Louisiana, July 30, 2006 Peoples Grocery restaurant at 806 Conti Street in French Quarter. New Orleans, Louisiana, July 19, 2006 Creole cottage on Governor Nicholls Street in French Quarter. New Orleans, Louisiana, July 15, 2006 Fifi Mahony s wig shop at 934 Royal Street near Orleans Street in French Quarter. New Orleans, Louisiana, June 28, 2006 Bourbon Street near Orleans Street in French Quarter at rain. New Orleans, Louisiana, June 12, 2006 Bourbon Street near Orleans Street at rain in French Quarter. New Orleans, Louisiana, June 24, 2006 A Creole cottage at 732 - 738 Toulouse Street near Bourbon Street in French Quarter (Molly s Bar on Toulouse and Dungeon cafe). New Orleans, Louisiana, July 15, 2006 Iron balconies of Gardette - LaPretre House (1836) at 716 Dauphine Street, a corner of Orleans Street in French Quarter. New Orleans, Louisiana, June 18, 2006 Orleans Street near Dauphine Street in French Quarter. New Orleans, Louisiana, September 20, 2006 Saint Peter Street near Bourbon Street in French Quarter. New Orleans, Louisiana, May 28, 2006 Saint Ann Street near Dauphine Street in French Quarter. New Orleans, Louisiana, September 24, 2006 Saint Louis Street near Royal Street in French Quarter. New Orleans, Louisiana, May 1, 2006 A yard at Conti Street near Dauphine Street in French Quarter. New Orleans, Louisiana, May 28, 2006 Conti Street near Dauphine Street in French Quarter. New Orleans, Louisiana, June 23, 2006 Napoleon House (Nicholas Girod House, 1814) at 500 Chartres Street, a corner of Saint Louis Street in French Quarter. New Orleans, Louisiana, July 5, 2006 Gardette - LaPretre House (1836) with iron wrought balconies at 716 Dauphine Street, a corner of Orleans Street in French Quarter. New Orleans, Louisiana, June 28, 2006 Iron wrought balconies of Gardette - LaPretre House (1836) at 716 Dauphine Street, a corner of Orleans Street in French Quarter. New Orleans, Louisiana, June 1, 2006 Dolliole - Masson Cottage (1805) at 933 Saint Philip Street in French Quarter. New Orleans, Louisiana, July 22, 2006 A yard on Burgundy Street near Conti Street in French Quarter at evening. New Orleans, Louisiana, May 1, 2006 Toulouse Street near Dauphine Street in French Quarter at rain. New Orleans, Louisiana, August 26, 2006 A sanitary shop at Toulouse Street near Dauphine Street in French Quarter. New Orleans, Louisiana, May 28, 2006 Chartres Street near Governor Nicholls Street in French Quarter. New Orleans, Louisiana, September 3, 2006 Blue tarp at Burgundy(?) Street near Saint Ann Street in French Quarter. New Orleans, Louisiana, May 28, 2006 1300 Chartres Street at a corner of Barracks Street in French Quarter. New Orleans, Louisiana, May 27, 2006 A door at 612 Dauphine Street near Toulouse Street in French Quarter. New Orleans, Louisiana, June 1, 2006 Bourbon Street near Saint Louis Street in French Quarter in fog. New Orleans, Louisiana, December 13, 2006 Saint Philip Street near Bourbon Street in French Quarter. New Orleans, Louisiana, August 9, 2006 A garage on Chartres Street near Bienville Street in French Quarter. New Orleans, Louisiana, September 1, 2006 Chimneys on Dumaine Street near Chartres Street in French Quarter. New Orleans, Louisiana, October 7, 2006 Parking at 1003 Conti Street near Burgundy Street in French Quarter. New Orleans, Louisiana, May 28, 2006 A courtyard on Toulouse Street near Bourbon Street in French Quarter. New Orleans, Louisiana, October 7, 2006 Bourbon Street near Dumaine Street in French Quarter at rain. New Orleans, Louisiana, June 12, 2006 "Cook Books" on Toulouse Street near Royal Street in French Quarter. New Orleans, Louisiana, December 12, 2006 A horse hitch on Royal Street near St. Peter Street in French Quarter in fog. New Orleans, Louisiana, December 13, 2006 A horse hitch on Royal Street near St. Peter Street in French Quarter. New Orleans, Louisiana, September 5, 2006 A cottage at 931 Governor Nicholls Street near Burgundy Street in French Quarter. New Orleans, Louisiana, September 7, 2006 A red house at 819 Saint Louis Street near Bourbon Street in French Quarter. New Orleans, Louisiana, November 8, 2006 Red horse hitch on Royal Street near Dumaine Street in French Quarter. New Orleans, Louisiana, September 5, 2006 Horse hitches on Royal Street near St. Peter Street in French Quarter. New Orleans, Louisiana, September 5, 2006 A sanitary shop at Toulouse Street near Dauphine Street in French Quarter. New Orleans, Louisiana, August 18, 2006 A gate at 511 Burgundy Street near Saint Louis Street in French Quarter. New Orleans, Louisiana, September 3, 2006 A courtyard on Saint Peter Street near Bourbon Street in French Quarter. New Orleans, Louisiana, October 18, 2006 Dauphine Street near Saint Philip Street in French Quarter at rain. New Orleans, Louisiana, August 26, 2006 Bourbon Street near Saint Louis Street in French Quarter at rain. New Orleans, Louisiana, June 24, 2006 Picture archives \| Full List \| Statistics \| Home page	cc/2019-30/en_head_0030.json.gz/line295
__label__cc	0.710291	0.289709	The Day I Cried By Rabbi Nuta Yisrael Shurack Immediately after my son, Shmuel Abba, was born, he was rushed to the Neonatal Intensive Care Unit (NICU). It was only after over an hour that the nurse asked me if I wanted to go and see him. Following the emergency caesarean, my wife Ettie was still under general anesthetic and I wasn't sure when she was going to be conscious enough to travel to the NICU, so I decided to say hello to our little guy and let him know that his parents were nearby. Nothing could have prepared me for what I was to see when I walked into the little six by six room that he was in. And when I say nothing, I literally mean nothing. He was laying in what looked like a clear plastic bathtub, and had wires hooked up to his stomach, legs, and arms. He had a breathing tube in his throat because he couldn't breathe on his own. There were these little suction cups with wires attached to his head, which I was told were to monitor his brain for seizures. There were at least five different people scribbling furiously on sheets of paper recording numbers, intensely talking on the phone, and pressing buttons on various machines that kept beeping. As I stepped through the door way, it was as though the sea parted and everyone made room for me so that I could stand next to him. His eyes were closed and his breathing rhythmic. I didn't know what to do, think, or say...so I cried. I mean, I really, really cried. I told my son that I loved him and that he was going to be okay. Then I started to think that perhaps my uncontrollable weeping was going to scare him, or worse make him feel as though there wasn't any hope. But there was hope...right? I stood before my son momentarily frozen uncertain what my next move would be. It felt as though time had ceased and I wasn't sure what was supposed to happen next, or what I should do. The fight-or-flight response (also called the fight-or-flight-or-freeze response) is a physiological reaction that occurs in response to a perceived harmful event. Something that threatens a person's very survival. I knew right then and there that if I didn't do something, this difficult situation could easily overtake me. And so I made a plan. With tears streaming down my face, I decided two things. Number one, I wasn't going to cry again the entire time that he was in the hospital, no matter what. It was going to be my mission to be b'simcha (joyful). Number two, I was going to be overflowing with emunah (faith) and bitachon (trust). Anytime someone asked me how my son was doing, I would reply that he was going to have a full recovery and that Hashem would heal him. I simply would not accept anything less. I realized that these were two very bold and decisive choices to make and that I would be tested for the duration that he was in the hospital. But I also knew that I needed to be strong for my son, for my wife, for my daughter, for my entire family...and for myself. I couldn't allow myself to freeze or flee; I was going to fight. I needed some serious inspiration to keep my spirits motivated and my faith strong. Thankfully, I had been listening to different Torah classes daily and had been learning on a regular basis. I cannot describe how incredibly helpful this was. In such a challenging time it was not general inspirational ideas (such as G-d loves the Jewish people, or everything happens for a reason) that I needed but rather specific ideas I could rely on to propel me forward. So for the next two weeks the following four thoughts kept me strong, unwavering in my faith, and with a dry eye. The first was a story about the Baal Shem Tov (the founder of the Chassidic movement) which I had heard just weeks prior. Two men were having a discussion in shul with regards to one owing the other money. It became quite heated and the man who had lent the money to the other said, "If you don't pay me back I'm going to tear you apart like fish!" Hearing this, the Baal Shem Tov walked over to the two men and put a hand on each of their shoulders. They were instantly transported to a higher world where they saw a vision. One of the men was a bear and he was tearing apart the other man who was a fish. He was literally tearing the man apart. The Baal Shem Tov took his hands off the men and they found themselves back in the shul. They were both sweating and anxious due to what they had just witnessed. The Baal Shem Tov explained, there is a place called the world of speech, where everything we say becomes a reality. When you tell your fellow man that you are going to tear him apart like a fish, on some level, you have really done so. You must think about what you say, less it become a reality! And so, I wasn't going to let anything negative pass my lips. My son's reality was going to be one of a complete recovery. The second was a saying that Ettie's grandmother, who our dear Bayla is named after, used often. She would say, "If Hashem wants, a broom can shoot!" It sounds more eloquent in Yiddish. It means that nothing is too difficult for G-d and that if He wants the impossible to occur, then it will. Surely, healing my son was easier than making a broom shoot, I reasoned. The third was a response that the Lubavitcher Rebbe wrote to someone experiencing a challenge. The Rebbe wrote to the person, "Regarding your worry, that my father-in-law has already answered you that everything will be okay. You have two choices; you can continue to worry about the outcome and when it ends in a positive way as my father-in-law said, you will be upset that you wasted so much time worrying. Or you can think positively and when it ends for the good you will be able to say, look at how well I dealt with this difficult situation!" I knew my son was going to be okay. I was praying to G-d continuously, and had written a letter to the Rebbe for his blessing. I was not going to waste any precious time worrying. Lastly, I thought about a sicha (talk) of the Rebbe with regard to Moshe Rebbeinu. In parshas Shemot we read about how Moshe Rebeinnu saw an Egyptian whipping a Jewish man for not working hard enough. Moshe defended the Jew and in the end killed the Egyptian. The next day Moshe saw two Jews (one whom was the Jew that Moshe had saved) arguing and he asked them why they were fighting. One of the Jews asked Moshe if he was going to kill them, like he had killed the Egyptian. When Moshe heard this, the Torah says, ‘And Moshe feared, and said: “Indeed, the thing is known.”’ Meaning that the news had traveled throughout the land and Pharaoh was aware of what had happened. Seemingly the verse is backwards because it says that first Moshe was fearful, and then that indeed the thing is known. The usual order is that first something happens, and then as a result of that occurrence a person becomes afraid. So it would have made more sense if it had said that everyone knew what happened and therefore Moshe was afraid. From here we learn the importance of thinking in the positive and having complete bitchon (trust) in Hashem, that not only will everything turn out for the good, but that the situation itself is a necessary one and is for the good itself. What we can do is to speak only from a perspective of faith and trust. I decided I wasn't going to be afraid because there was nothing to be fearful of. I wasn't driving the bus, Hashem was. No point in my being a backseat driver (I dislike those anyway, especially when I am driving). Instead, I made the firm conviction to say Tehillim, pray, and be the perfect passenger; knowing that the destination was a positive one, the right one, and for whatever reason, my esteemed Driver was taking an alternate route. These four ideas gave me enough resolve and fortitude that I was able to navigate those two difficult weeks. I advocated for my son when doctors were not really listening, I was vigilante in monitoring his machines and was not afraid to ask a nurse passing by if a particular machine's beeping was okay, and when I thought that the position of his plastic bathtub was too close to the door because he might get a draft, I asked the nurse to move him over so he would be more comfortable. Time did move forward and soon enough we found ourselves erev Yom Kippur wondering what our plan would be. Shmuel Abba was scheduled to have a critical MRI on his brain mid-day and we were waiting for the results and discussing our options. Would I take Bayla to shul back in our community? Would friends look after Bayla and I would stay in the hospital with Ettie? Was the hospital serious about discharging Ettie, in which case she herself would not have a room to stay in? We were expecting preliminary results within 6 hours and the detailed report within 24. Miracle of miracles, the doctor came and spoke to us two hours before the sun was going to set and the holiest day of the year would begin. So when he told us that our son was being discharged and that because the MRI had shown such positive results that there was no need for follow up with the neurology department as Shmuel Abba grows, I needed to ask him to repeat himself; before quickly packing everything and making our way to the car before someone told us that we actually needed to stay. We cut it close that year. We arrived at shul less than an hour before sundown. As everyone else solemnly recited Kol Nidrei (annulment of vows) I was humming Napoleon’s March in my head. No, really, to be truthful I was humming it out loud. I had already had two weeks of Yom Kippur. So for me, when the Torah scrolls were taken out of the ark and carried around the shul, it was because it was time for hakofos, it was time to celebrate with unadulterated elation. Mixed with the unreal feelings of joy and happiness was working out feedings with my son (he was only taking bottles and because he had a tongue tie it was very slow going), Bayla needed a lot of attention, and Ettie needed a lot of rest. So before I knew it, 25 hours passed and Havdalah was being made. I wanted to say something to our amazing community which filled the room. They had davened for my son, many of them taking on extra mitzvahs in his honour. I started to say how thankful I was and tell them of the tremendous hakaras ha'tov (intense gratitude) I felt for all they had done and that Hashem made possible. And I started to cry. As I thought about all my son had been through, the strength he had at such a young age, and how many people he had inspired in just 12 days, my only avenue to express my innermost emotions was to cry. This time, I let the tears flow and felt their warmth as they slid down my cheek. I managed to finish my thank you and glanced at my wife, knowing that she understood what I felt, and felt what I understood. What came next was an unbelievable and memorable Sukkos. Shmuel Abba's Bris took place on the first day of chol moed Sukkos (the same day as Ettie's grandmother’s yarzeit, whose father Shmuel Abba is named after). The Sukkah was overflowing with people and emotion as my son took his proud place amongst the Jewish people. Though the weather was somewhat windy and cool, I was filled with warmth. In that moment, I thought about the Divine Providence involved in this miraculous story and everything that brought us to this serendipitous moment in the Sukkah. Sitting there, I thought about the laws of building a Sukkah. A Sukkah at minimum must have two full walls and part of a third (which must be at least 3.2 inches). This is satisfactory, however, you're not safe from the affect of the weather. The next best thing is to have three full walls. This provides stability, yet lacks complete security; because you are still left open on one side. The best Sukkah, and indeed the most beautiful one, is one with four complete walls. Here, you are safe, stable, and secure. The walls of a Sukkah can be compared to the different greetings one might give a close friend after not seeing them for a long time. Is a handshake enough when reuniting with a loved one? Certainly not; this is like two walls, simply not kosher. You could get by with putting your arm around their shoulder (your body is one wall, your arm the second, and your hand which just wraps around their other arm as the small part of the third wall). But this doesn't accurately depict how you feel. Sometimes men do this thing (you've probably seen it) when they greet each other. They do a one armed hug where one arm goes around the other person and with the second hand they pat the person on the back. This is like a Sukkah with three full walls; it's warm, stable, but lacking a true sense of unity. But a hug, a real hug where you embrace another and momentarily hold it; feeling the protection that love has brought: that is the best Sukkah you can make. I realized that the entire 12 days that Shmuel Abba was in the hospital, Hashem had me in a hug. The four ideas which kept me going were representative of the four walls of a Sukkah, providing me with protection, and guiding me through my own personal desert. I realized that it wasn't that Hashem had suddenly embraced me, but that I allowed Him to do so fully, unconditionally, and with both arms. We were all joined in the Sukkah, celebrating my son's bris, and it was moments before I was to thank everyone for coming to join in our simcha and share a small Torah thought. But just before I rose to speak, I cried. It was just a tear or two that peaked out of my eye and slowly fell down my face. I didn't cry because I was sad, and I didn't cry because I was happy. I cried because I was cradled in the arms of our Father, Avinu Malkeinu, in the most kosher Sukkah that Torah law describes, and I finally understood what it means for there to be nothing else but G-d, and that G-d is only good. Learning to Choose Life This time last year I was frantically organizing last minute Rosh Hashanah plans, and asking friends and family to help with the finer details. You know, just little things like packing yom tov clothes and essentials for my daughter and me, plus items to bring to Ettie, arranging where we were going to sleep, refreshing the sequence of blowing the shofar, memorizing directions to various shuls and homes that I may eat at, arranging a shalom zachor, and calling Rabbaim with important medical-halachic questions; like I said just a few little things. Why on Erev Rosh Hashanah was I all of a sudden thrust into a last minute frenzy? After all, usually these things are carefully planned weeks in advance as they take time to prepare and situate. Last year (5772) on the 27th of Tishrei last year, my son came into this world in a most tumultuous manner. Born with a prolapsed cord and an emergency c-section, he was deprived of oxygen (for how long we will never really know), had a very low heart beat, and had an Apgar score of 1. From the very beginning, he had several real challenges set out before him. We were scared, worried, stressed, nervous, and full of a little bit of every emotion all rolled into one. What was going to happen? Would our son be okay? How long would he be in the Neonatal Intensive Care Unit (NICU)? When could we bring him home? When I met my son for the first time, he was surrounded by an array of machines that never seemed to rest from beeping, chiming, or flashing lights. I tried to remember which ones were for what, so that I didn't have to call the nurse or doctor over each time I heard a beep, worrying if everything was okay. But this wasn't the way that it was supposed to be. This was supposed to be a joyous occasion filled with the planning of a bris (circumcision), contacting a caterer, and sending out emails with cute pictures to everyone that we knew. Well, we did send out emails to everyone we knew but it was to mobilize prayers on our son's behalf to beseech Hashem to heal him and give him a complete recovery. For two weeks, our life was turned completely upside down. Bayla and I stayed at the home of good friends who were walking distance to the hospital, while Ettie was still admitted in the hospital by herself due to her complications, and Shmuel Abba was in a place that no baby should ever have to be. Thank G-d, two hours before Yom Kippur, our precious son was deemed healthy and given clearance to leave the hospital. And so Yom Kippur for us actually became more akin to Simchas Torah. It was only after the ordeal ended could I begin to review everything that had happened. The magnitude of people that had said Tehillim (psalms) for Shmuel Abba. How many people had put on Tefillin, lit Shabbos candles, baked challah, included him in their personal prayers, had given him a refuah shelaima mishaberach by the Torah, and had cried to Hashem to heal him and make him whole; to heal us and make us whole. I realized that though Shmuel Abba had seemingly entered into his life in what seemed like an exile, at the same time he had managed to inspire and propel hundreds of people to do a mitzvah. In fact, in two short weeks he had been responsible for more people doing mitzvahs than many of us can accomplish in a life time. A most impressive and important feat. Fast forward one year later; to the day. The 27th of Tishrei 5773. We wanted to do something extra special on this day to celebrate Shmuel Abba's first birthday, considering how much we appreciate the miracle that occurred. So there we were, Sunday morning, planning an extra special menu for a birthday dinner, when I felt as though my leg was a little heavy. I had broken a bone in my left foot (the fifth metatarsal) two weeks earlier, yet it wasn't a heavy feeling due to being in an air cast but a different kind of heavy. I rolled up my pant leg to find that my calf had swollen to about one and a half times its usual size. We were trying to decide whether it was a side effect of my wearing the air cast too tight or an issue of significance, when a close friend called to wish Shmuel Abba happy birthday. When Ettie relayed the dilemma to her, she told us that from what she understood it could be very serious. After speaking with a close friend who is a family doctor we were off the Emergency Room for a quick visit to assuage our fears and then hopefully be back home in no time to prepare for the birthday feast. As I'm sure you are aware, "quick Emergency Room visit" is an oxymoron. Four hours, an x-ray, blood test, several different medications and a shot later, plus a requisition for an ultrasound the following day and we were on our way home. To make a long story short, it was discovered that I had some blot clots in my left leg and I have been put on a blood thinning treatment program through the Anti-Coagulation Management clinic for the next four to six months. This involves medication, daily blood tests at the clinic to monitor the effectiveness of the medication, and for the first two weeks an injection. In speaking with the clinic's head pharmacist and lead doctor, it seems that most likely the blood clots were actually already present before my fall. Although breaking my foot made matters worse, it was this incident that thankfully alerted me to the G-d forbid potentially life threatening situation. So I started to think that the 27th of Tishrei was a bad day for us. A date where negative things seem to happen for our family. But my wife, being the positive person that she is, took a different approach. She said, "Look at our beautiful son, he is a true miracle and blessing. He inspired hundreds, if not thousands, made us further develop ourselves into stronger people, and is super sweet to boot. As for your leg, if you hadn't broken your foot, and if we hadn't realized that it was swollen, we may not have found the blood clots until G-d forbid a dangerous situation. We need to learn to choose life; to make our outlook one where we see the sun shining." It makes me realize that life is all about perspective. It isn't about whether the cup is half empty or half full, but being joyous that we have a cup to begin with, and then taking the matter into our own hands and filling it. As we enter into the new year, let's start a new leaf. Don't forget the past, but rather redefine it in the appropriate way. Choose to see G-d as He really is; not as we sometimes perceive Him to be. Decide to be happy not because something good has happened, but because you want good things to happen. Most of all, make this a year where every step of the way, you choose life! Wishing you a shana tova umituka, a kesiva vchasima tova, and a chag sameach, Nuta Yisrael	cc/2019-30/en_head_0030.json.gz/line296
__label__wiki	0.687936	0.687936	Biography – ROBERTSON, WILLIAM (d. 1806) – Volume V (1801-1820) – Dictionary of Canadian Biography ROBERTSON (Robinson), WILLIAM, merchant, judge, office holder, politician, and militia officer; b. c. 1760 in Scotland; m. first 26 Jan. 1798 Cornelia Eleanor Brooks in New York City, and they had one daughter; m. secondly 18 March 1803 Jane Ogilvy, née Dunlop, mother of John Ogilvy; d. 13 Dec. 1806 in London, England. William Robertson settled at Detroit (Mich.) in 1782. His brother Samuel, who died that same year, had been a ship’s captain there since 1774. William served as clerk to Samuel’s father-in-law, John Askin, and became his partner on 1 July 1784. Robertson was paid £600 yearly for “conducting the business” until it dissolved on 22 Aug. 1787. He rose rapidly in the southwest fur trade, for which, in 1788, he estimated the value of pelts to be £150,000 to £200,000 annually. Articulate and thoughtful, Robertson was, with Askin and Alexander Grant, one of the leading merchants in the area and by 1788 he had emerged as the principal spokesman of that group. In July 1788 Lord Dorchester [Guy Carleton] established four new administrative districts in western Quebec. Robertson’s local prominence was reflected in his appointment to both the Court of Common Pleas and the land board of the District of Hesse. He approved of the former as vital to a commercial society “to protect their Property and redress their wrongs” but opposed the choice of judges, including himself. Because the “Professions of Judge and Merchant combined in the same person are wholly incompatible” and since the main business of the court would be the settlement of debt, he argued the need for a judge “professionally acquainted with the Law.” Robertson therefore resigned and carried to Quebec a memorial signed by himself and 33 other merchants. There, on 24 October, he testified before a committee of the Legislative Council. As a result of its favourable report on the petition, William Dummer Powell* became the sole judge of the district. Robertson apparently saw no conflict of interest in his nomination to the land board in 1789 and attended every meeting to the end of August 1790. Despite subsequent non-attendance, he was reappointed in May 1791 and the following year he was named to the board’s successor, the land board of the counties of Essex and Kent. His stature was such that in March 1790 Robertson was recommended by Sir John Johnson* for seats on the executive and legislative councils of the proposed new province of Upper Canada. He was appointed to the former on 9 July 1792 and the latter three days later. Although Lieutenant Governor Simcoe thought him “a person of very good manners & good sense,” he worried about Robertson’s ability to devote the time necessary to his new duties. For whatever reason, by 4 November Robertson had resigned both offices. Robertson’s pre-eminence was based on his success as a merchant but little is known of this aspect of his life, especially his major concern – the fur trade out of Detroit. Kinship played a significant role in establishing his business connections. From the outset he was linked to the Askin network through his brother Samuel’s widow, Catherine Askin. In 1785 she married Robert Hamilton, the leading merchant in the Niagara area; Robertson acted as his financier, supplier, patron, and customer. A younger brother, David, had joined Robertson in Detroit by 1790, and in July that year they entered into a partnership, which also included James MacDonell, Robertson’s clerk since 1785. MacDonell withdrew in September and David exercised control during William’s absence in London, England, between 1791 and 1795. In 1793 the British Treasury awarded Alexander Davison the contract to supply the troops in the Canadas. He in turn nominated the Montreal merchant John Gray* and the Quebec partnership of Monro and Bell as his Lower Canadian agents. Richard Cartwright, Hamilton, Askin, and David Robertson then received an exclusive sub-contract to victual the Upper Canadian garrisons between 1793 and 1795 after furious lobbying in London by Robertson and Isaac Todd. Prior to his return in 1795 Robertson entered a new partnership with Askin. That same year he dissolved the partnership with his brother and concluded two new ones with Askin and others for speculation in land. He was given power of attorney in the second indenture, known as the Cuyahoga Purchase, but did not act long in this capacity. In the fall of 1795 he travelled to Philadelphia, Pa, and on his return settled at Montreal. There he acted on Askin’s behalf with local merchants and continued to maintain his own business. In 1797, for instance, he supplied the garrison at Amherstburg, Upper Canada, with over 2,000 bushels of Indian corn. Also in this period he and Askin owned a salt spring. In May 1801 he was back at Detroit, presumably to recover the “great amount of my outstanding debts in this quarter.” The death of his wife in 1800 had left Robertson “inconsolable” and the following year he moved to London. Shunning friends, he became an alcoholic; reports filtered back to the Canadas of a life spent in “continual debauch.” But a nephew dismissed the rumours as exaggerated and hoped for the reform of his drinking habits through the good influence of his second wife. The marriage did not last long; the couple separated in August 1803, Robertson citing as cause “her insupportable extravagance.” Hearsay continued unabated. Hamilton thought him “Lost to every sence of Shame, his Conduct would disgrace the lowest Member of the lowest class of Society.” Todd was even harsher, labelling him “a Sot & blackguard . . . infamous as a Liar & Rogue.” Only Askin retained any charitable impulses towards “an honest worthy friendly good man” overtaken by fever or drink. Prior to leaving Detroit in 1791 Robertson had supported the local Church of England clergyman and served as a militia officer. Described by Peter Russell as a “genteel Sensible Scotsman,” he possessed a keen mind often at variance with the prevailing opinions of his class. Unlike most merchants he supported the division of the old province of Quebec. While in England in the early 1790s he took a fervent interest in the war against revolutionary France, lamenting “that for the good of one another mankind are to cut one anothers throats . . . to a mind possessed by humanity the prospect of carnage is truely afflicting!” He was dispirited by the spectacle of “Europe deluged with human blood, torn to its foundation, & every kingdom in it on the point of political dissolution, from the unthinking conduct of kings, priests, ministers & people.” Friends reacted to his views with a mixture of shock, rebuke, and even threats. In the last years of his life Robertson spoke little of his Canadian career. His affairs here were superintended by his nephews. On occasion, perhaps spurred by the pressure of creditors, he wrote a letter complaining of outstanding debts and from 1804 to 1806 he dunned Hamilton. A wealthy man at his death, he left £500 apiece to his two nephews and placed the remainder of his estate in trust for his daughter. In 1820 the value of his land alone was reckoned in excess of £54,000. There is a pathos to Robertson’s life. His natural business acumen and intellect marked him for success. His graciousness of manner and soundness of judgement made him a good friend and worthy counsel. If Robertson was unusual, it was for the delicacy of his sensibilities: the death of a loved one revealed his tragic vulnerability and plunged him into a despair from which he never recovered. Daniel J. Brock AO, ms 75, Russell to Elizabeth Russell, 9 Feb. 1792; ms 536, Archange Meredith to Mrs Askin, 5 July, 1 Aug. 1803; David Meredith to John Askin, 29 April 1804; Archange Meredith to Askin, 13 April 1805. DPL, Burton Hist. Coll., ms index, file no.95, David, Samuel, and William Robertson, biog. notes, comp. M. M. Quaife; William Robertson papers. PAC, RG 1, L3, 422: R1/19; RG 8, I (C ser.), 115B: 259, 352. UWO, William Robertson papers, docs.42, 45, 50–51, 55, 61, 67, 83, 87, 101n. Corr. of Lieut. Governor Simcoe (Cruikshank), 1: 10–11, 47, 121, 253, 300n.; 4: 99n., 211n.; 5: 163, 173–74. John Askin papers (Quaife), 1: 208n.; 2: 64n., 297, 392. Mich. Pioneer Coll., 11 (1887): 627–50, 655–56. Armstrong, Handbook of Upper Canadian chronology, 13, 33. Burt, Old prov. of Quebec (1968), 2: 110. W. R. Riddell, Michigan under British rule: law and law courts, 1760–1796 (Lansing, Mich., 1926), 52–57. Legal Professions – Judges Armed Forces – British – Militia: officers Europe – United Kingdom – Scotland GRANT, ALEXANDER (Vol. 5)GRAY, JOHN (Vol. 6)HAMILTON, ROBERT (Vol. 5)POWELL, WILLIAM DUMMER (Vol. 6)TODD, ISAAC (Vol. 5)ASKIN, JOHN (Vol. 5)CARLETON, GUY, 1st Baron DORCHESTER (Vol. 5)CARTWRIGHT, RICHARD (Vol. 5)More JOHNSON, Sir JOHN (Vol. 6)OGILVY, JOHN (Vol. 5)RUSSELL, PETER (Vol. 5)SIMCOE, JOHN GRAVES (Vol. 5)MACKINTOSH OF MACKINTOSH, ANGUS, 26th Chief of Clan CHATTAN and 25th Chief of Clan MACKINTOSH (Vol. 6)RANDAL, ROBERT (Vol. 6)ROE, WALTER (Vol. 5) POWELL, WILLIAM DUMMER JOHNSON, Sir JOHN SIMCOE, JOHN GRAVES TODD, ISAAC HAMILTON, ROBERT MACKINTOSH OF MACKINTOSH, ANGUS, 26th Chief of Clan CHATTAN and 25th Chief of Clan MACKINTOSH Daniel J. Brock, “ROBERTSON, WILLIAM (d. 1806),” in Dictionary of Canadian Biography, vol. 5, University of Toronto/Université Laval, 2003–, accessed July 15, 2019, http://www.biographi.ca/en/bio/robertson_william_1806_5E.html. Permalink: http://www.biographi.ca/en/bio/robertson_william_1806_5E.html Author of Article: Daniel J. Brock Title of Article: ROBERTSON, WILLIAM (d. 1806)	cc/2019-30/en_head_0030.json.gz/line302

Subsets and Splits

No community queries yet

The top public SQL queries from the community will appear here once available.