Subject: Daily News Clips 3/12/14
From: "Sam Losow" <[email-masked]>
To: "undisclosed-recipients:"
Date: Wed, 12 Mar 2014 10:26:55 -0400

*National News:*

*Republican wins closely watched Florida special election*
Republican David Jolly beat Democrat Alex Sink in a Tuesday special
election to fill a vacant Congressional seat in Florida. The vote was seen
as a bellwether ahead of November's mid-term
elections<http://theweek.com/article/index/257838/speedreads-republican-wins-florida-special-election>,
partly because Florida is a major swing state. GOP leaders said the vote
was a condemnation of ObamaCare, although the seat on Florida's Gulf Coast
was held for more than 40 years by Jolly's late boss, Republican C.W. Bill
Young. [*Reuters*<http://in.reuters.com/article/2014/03/12/usa-florida-congress-idINL2N0M900O20140312>
]
..........................................................................................

*Plane that disappeared flew off course*
The Malaysia Airlines plane that vanished Saturday with 239 people on board
changed course sharply before disappearing from radar
screens<http://theweek.com/article/index/257720/speedreads-missing-malaysia-airlines-flight-is-an-unprecedented-aviation-mystery>,
Malaysia's air force chief said Wednesday. Air force chief Gen. Rodzali
Daud said the turn was tracked on radar. Investigators still had no solid
clues on what happened to the airliner after five days, and they expanded
the already vast search area from the South China Sea to India's
territorial waters. [*The Associated
Press*<http://time.com/20907/malaysias-air-force-jet-may-have-turned-back/>
]
..........................................................................................

*Feinstein accuses CIA of spying on Senate panel*
Senate Intelligence Committee Chair Dianne Feinstein (D-Calif.) on Tuesday
accused the Central Intelligence Agency of unlawfully searching her
committee's computers. Feinstein said the CIA "violated the
separation-of-powers principles embodied in the United States Constitution"
by trying to undermine her panel's investigation of a controversial CIA
spying program. CIA Director John Brennan promptly disputed the claim. [*The
Washington Post*<http://www.washingtonpost.com/world/national-security/feinstein-cia-searched-intelligence-committee-computers/2014/03/11/982cbc2c-a923-11e3-8599-ce7295b6851c_story.html?hpid=z3>
]

..........................................................................................

*Bachelet sworn in as Chile's president*
Michelle Bachelet was sworn in as president of Chile on Tuesday, after
being officially declared the winner of a Dec. 15 runoff. Bachelet, of the
center-left New Majority coalition, defeated conservative Evelyn Rose
Matthei with 62 percent of the vote. Bachelet's father, air force brigadier
general Alberto Bachelet, died in 1974 after being tortured by the
government for opposing military ruler Augusto Pinochet. [*ABC
News*<http://abcnews.go.com/International/wireStory/chiles-bachelet-sworn-president-22855782>
]
..........................................................................................

*Prosecutors investigate GM's delay in revealing cars' fatal flaw*
The Justice Department has launched a criminal investigation of General
Motors over deadly safety problems that persisted for years before a big
recall last month. Prosecutors are accusing the car company -- the biggest
in the U.S. -- of failing to comply with federal laws requiring automakers
to promptly report defects. Faulty ignitions switches in Chevy Cobalts and
other cars have been linked to 13 deaths. [*The New York
Times*<http://www.nytimes.com/2014/03/12/business/house-committee-demands-records-from-gm.html?emc=edit_na_20140311&nlid=6297716&_r=0>
]

..........................................................................................

*FDA approves device to curb migraines*
The Food and Drug Administration said Tuesday that it had approved the
first medical device to prevent migraines. The device, called Cefaly,
resembles a tiara worn on the head. It has a battery-powered electrode that
stimulates nerves beneath the forehead, just above the eyes. In a study
published last month in the journal Neurology, 38 percent of chronic
migraine sufferers reported a 50 percent drop in migraine episodes.
[CNN<http://edition.cnn.com/2014/03/11/health/fda-medical-device-migraines/>
]

..........................................................................................
Administration: 4.2 million signed up for
ACA<http://www.politico.com/story/2014/03/obamacare-affordable-care-act-104540.html?hp=f3>
This time, there was no enrollment breakthrough for Obamacare -- and the
Obama administration needs a breakthrough.

The new enrollment numbers released Tuesday weren't a disaster -- they
showed that the sign-ups continue to climb. About 940,000 people selected
Obamacare private insurance plans in February, bringing to the total to 4.2
million people since the enrollment season opened in October.

Yet the pace of new sign-ups wasn't appreciably stronger than in January,
when 1.1 million people selected health plans. That appears to be largely
because there were fewer days in February than there were in the previous
month's report, but it's an explanation that doesn't help support messaging
about major momentum.

Administration officials hope they'll turn that around as they intensify
outreach efforts through the March 31 enrollment deadline. The latest
update shows that sign-ups will have to go a lot faster this month for the
administration to reach even its lowered target.

The administration is aiming to enroll about 6 million people by the end of
March -- a goal that was revised down from 7 million after the disastrous
start to HealthCare.gov five months ago. It will need to double the
February sign-up rate to hit that mark.

..........................................................................................
Obama Will Seek Broad Expansion of Overtime
Pay<http://www.nytimes.com/2014/03/12/us/politics/obama-will-seek-broad-expansion-of-overtime-pay.html?ref=business>
WASHINGTON -- President Obama this week will seek to force American
businesses to pay more overtime to millions of workers, the latest move by
his administration to confront corporations that have had soaring profits
even as wages have stagnated.

On Thursday, the president will direct the Labor Department to revamp its
regulations to require overtime pay for several million additional
fast-food managers, loan officers, computer technicians and others whom
many businesses currently classify as "executive or professional" employees
to avoid paying them overtime, according to White House officials briefed
on the announcement.

Mr. Obama's decision to use his executive authority to change the nation's
overtime rules is likely to be seen as a challenge to Republicans in
Congress, who have already blocked most of the president's economic agenda
and have said they intend to fight his proposal to raise the federal
minimum wage to $10.10 per hour from $7.25.

*2016 Presidential News:*

Voters Sour on Chris
Christie<http://politicalwire.com/archives/2014/03/12/voters_sour_on_chris_christie.html>A
new Wall Street Journal/NBC News
poll<http://blogs.wsj.com/washwire/2014/03/12/wsj-poll-voters-stay-negative-on-christie/>
finds
positive feelings about New Jersey Gov. Chris Christie (R) "are eroding
across the board -- even among his once-loyal base of Republicans and
Northeasterners - in the wake of allegations that top deputies engineered a
massive traffic jam to get back at Democratic mayor who withheld an
endorsement."

"Overall, the potential 2016 contender was viewed positively by 17% and
negatively by 32%... That's a stark contrast from October, when the
Republican governor was on the verge of a landslide re-election on
Democratic turf and viewed positively by 33% and negatively by 17%."

*Opinion:*

   -

Is Putin having a Brezhnev
moment?<http://www.politico.com/magazine/story/2014/03/putin-brezhnev-moment-crimea-104547.html?hp=r4>

Opinion: Putin's Russia seems headed inexorably for a moment of reckoning.

*DE News:*

*Auditor cites Del. benefits fraud potential*
The state auditor's office says it documented fraud in six out of about 20
complaints of Delawareans wrongfully receiving benefits and noted in a new
report that the state does little to verify income reported by applicants.

Many of the entitlement programs the state administers "rely entirely on
the recipient's word regarding eligibility requirements," the report from
state auditor Tom Wagner states. While that "enables the state to provide
more immediate assistance to individuals," the report says, "it also
creates an opportunity for fraud."

The Department of Health and Social Services "appreciates any
recommendation that leads to quality assurance and continuous improvement
in performance," agency spokeswoman Jill Fredel said. The agency does
verify income in some cases with pay stubs, or when it's provided through
child support enforcement or from Social Security payments, she said.

Wagner's office conducted a performance audit of the state's administration
of federal entitlement programs from 2009 to 2013, a review that led to the
report issued Tuesday. Kathleen A. Davies, the chief administrative
auditor, said the investigation was spurred by a rise in fraud complaints
that came to the office when funds from the American Recovery and
Reinvestment Act - the stimulus bill meant to spur economic recovery - were
being spent.

"When the amount of federal money was peaking, when they were giving out
ARRA money to the states, we started seeing a lot more influx" of
complaints, Davies said.

The auditors watched how case workers interviewed people applying for
benefits at state service centers, shadowed investigators looking into
fraud complaints, rechecked the eligibility of some recipients. The scope
of the audit covered every federal means-tested entitlement program the
state administers except Medicaid, the report says.

It included food stamps, unemployment benefits, welfare, heating-cost help
for the poor, the State Children's Health Insurance Program and child care
aid, among other forms of assistance.

The report says in the six fraud cases auditors recovered funds mostly
related "to the recipients' failure to report income." Davies said the
auditor's office did not know if each case led to criminal charges, and
said no further information about those cases was available in conjunction
with the report.

The report says Delaware should consider changing its "pay-and-chase"
approach to administering some benefits, in which a program's most
stringent eligibility monitoring comes after a recipient receives aid.

"The amount of reliance on self-certified information is concerning in the
public assistance programs, such as TANF [Temporary Assistance to Needy
Families], Child Care and SNAP [Supplemental Nutrition Assistance Program],
given the higher dollar value of the benefits provided," the report said.
"As part of the intake process, clients are not required to substantiate
the expenses they claim with utility bills, rent or mortgage payments.

Caseworkers do verify some information at intake if it is readily
available, the report states.

The report suggests Delaware invest in software that could track each
recipient's income and other eligibility information in a database that
every state social service agency could access, rather than the 20
indpependent systems now being utilized.

..........................................................................................

*Delaware renews focus on youth literacy*
As state education leaders push to drive up student academic performance,
they are taking aim at an issue they say is fundamental: making sure young
students, especially from low-income families, don't fall behind.

If students can't read, write, speak or listen as well as their peers when
they enter school, they are likely to struggle and have a hard time
catching up.

"Literacy spans across subject matters. Often people think it's just
reading, but it's more than that," said Donna Johnson, executive director
of the State Board of Education. "If you can't read, you can't transition
into more complex subjects, whether it's reading or math or social studies."

The state board began a literacy campaign to increase the number of
students who are reading at grade level, especially by the third grade.

Test scores suggest there's a great deal of work to do. Fewer than three
quarters of Delaware students in the third grade are meeting reading
proficiency levels on the state's standardized test, the lowest rate of any
grade besides ninth.

Why target third-graders? Studies suggest students who are behind the curve
on literacy - even by that young age - are already significantly more
likely to perform poorly in school or drop out, Johnson said.

"While struggling readers account for about a third of the students, they
represent more than three-fifths of those who eventually drop out or fail
to graduate on time," wrote City University of New York Professor Donald
Hernandez in a 2012 report for the Annie E. Casey Foundation. "Third-grade
reading matters."

The National Assessment of Educational Progress, a national test given to
fourth- and eighth-grade students, paints an even bleaker picture: only 38
percent of Delaware fourth-graders were rated at or above proficiency by
that test's standards.

Literacy problems are especially acute among low-income children.

A study by researchers at Rice University estimates that children from
families on welfare hear only 616 words per hour at home, compared to more
than 1,200 words for kids in "working class" families and more than 2,100
words per hour among families with parents who are "professionals." That
means less affluent students have a steeper hill to climb to reach reading
proficiency.

There are several reasons for this, the study suggests. Low-income parents
are usually less well-educated, often work multiple jobs, are more likely
to be single parents and usually can't afford the same books and other
learning materials for their children.

To compensate, the state board's campaign focuses on four main pillars:
bolstering teacher preparation programs to make sure educators are fully
armed with the latest science of teaching literacy; tightening the
certification and licensing of teachers and the training of teachers
already in the system; strengthening literacy efforts in early education
and pre-K centers; and an outreach campaign for educators, parents and the
public.

"Our goal is to make this a priority for our schools and for our state,"
Johnson said.

Individual schools, districts and organizations frequently organize
literacy efforts on their own. Johnson said the board's campaign hopes to
unite those efforts and turn them into a systemic push.

Many existing efforts center around making reading fun and exciting to
kids. Last Wednesday, for example, the Delaware State Education Association
educators' union turned the Wilmington Public Library into a party venue.

A roomful of elementary school kids wiggled, danced, sang and shouted as
disc jockeys from Radio Disney Philadelphia blasted some of their favorite
tunes. There were dance-offs, games and even spelling competitions.

"We're looking for ways to energize kids, reward kids and incentivize kids
to kids to keep reading," said DSEA President Frederika Jenner. "This is
not just at your school and it's not just an assembly program. It's
something that's exciting and a lot of fun."

DSEA and its national parent organization host Read Across America, an
annual campaign to get kids excited about literacy.

This year's featured book was "The Sneetches," Dr. Seuss's take on
diversity and accepting people for who they are.

Jenner says teachers have long understood the importance of teaching
literacy. When she was a science teacher, Jenner remembers teaching
children how to read scientific and other non-fiction texts.

"Reading is a life skill that opens up every other skill set," Jenner said.
"You can't do anything these days without being able to read capably."

..........................................................................................

*Data Centers appeal to focus on conditions*

Next week's hearing on the proposed data center in Newark will probe
whether an "off-the-grid" power plant is customary within the data-center
industry, and whether plant emissions will harm surrounding neighborhoods.

Legal briefs filed Monday with the Newark Board of Adjustment detail the
arguments for and against the city's Jan. 17 zoning decision, which
permitted a gas-fired cogeneration plant as part of The Data Centers LLC
project at the former Chrysler site.

"Given the unprecedented nature of what TDC proposes (both in size and
self-contained operation), there is absolutely nothing 'customary' about
the TDC power plant," wrote Kenneth Kristl, representing the grassroots
group Newark Residents Against the Power Plant.

Attorneys for Newark and TDC both highlighted data-processing facilities
with on-site power generation, including some in existence and others in
development, such as one that recently opened at Princeton University in
New Jersey.

In regards to the neighborhood, "there is nothing to suggest that the
proposed data center is going to impair the local neighborhood any more
than other uses permitted by right," wrote Richard Forsten, representing
TDC. "Indeed, air quality will be betterthan if the project pulled power
off the [regional electric] grid."

Two cases are pending before the Board of Adjustment, which decides appeals
involving interpretation of Newark's zoning code.

One was filed by resident Sherry V. Hoffman, a retired deputy attorney
general for the state. The second filing was by the neighborhood group,
joined by the Delaware Audubon Society and five named residents.

They are challenging the city's decision that the power plant, with a
capacity of 279 megawatts, is a permitted "accessory use" of the property,
now known as the University of Delaware's Science Technology & Advance
Research Campus.

They claim that the zoning decision is unlawful because the project would
"impair the neighborhood" - which is expressly prohibited for accessory
uses in Newark.

TDC last fall asked the city for documentation of proper zoning for the
project - a requirement for the state to process its air-quality permit
application.

One member of the five-member board has recused himself due to a conflict
of interest, leaving four members to decide the matter following the
hearing, which is set for 6 p.m. March 19 at Newark High School.

In the case of a 2-2 tie, "the appeal would be unsuccessful, and the
decision appealed from would stand," said John W. Paradee, board counsel.

Little or no live testimony is expected at the hearing. Instead, the
parties are relying on affidavits and documents submitted to the board to
support their arguments.

Both appeals claim that the conditions and caps placed on TDC's sale of
excess power in the zoning decision were unlawful because they constitute
amendments to the code that were not presented or approved by City Council.

Hoffman argues that issuing the power-sale conditions and caps exceeds the
authority of the city's director of planning and development and, moreover,
they are not easily enforceable.

TDC disagrees, adding that its opponents lack the legal standing to object
to the conditions anyway.

"It is TDC which is subject to the conditions, not the opponents," Forsten
wrote. "If their arguments are correct, then the conditions would be
removed, but the power-generating equipment would still be considered an
accessory use."

To succeed, the appellants must prove that the zoning decision was
"arbitrary, capricious or contrary to the law," city attorney Max Walton
wrote. He urges the board to reject the neighborhood-impairment argument
because, under the law, there's no basis for denial or reversal of the
zoning decision due to "theoretical future air-quality concerns."

Among the affidavits filed by Kristl was a neighborhood health survey, in
which dozens of residents reported serious respiratory problems that would
be exacerbated by increased levels of air pollution emitted by the power
plant.

..........................................................................................

*Bond Bill shapers chafe at raising tax on gas*
Lawmakers working on a spending plan for state roads will come up with an
alternative to Gov. Jack Markell's 10-cent gas tax increase if they decide
to reject it, and some offered their own ideas Tuesday.

One legislator suggested the state could raise money for roads by
decreasing the gas tax, hoping to attract drivers from other states to
cheaper Delaware pumps. Another suggested borrowing more now and using
future revenue to pay it off.

"If we don't have Plan A, which is the Governor's proposal, then we need to
be sitting down and coming up with a Plan B or C," Rep. S. Quinton Johnson,
chairman of the Joint Bond Bill Committee, said in an interview after the
panel met to discuss state transportation spending.

Johnson, like many other legislators, said he does not currently support
Markell's gas-tax increase. But he said he is keeping an open mind.

The committee's discussion came as DelDOT Secretary Shailen Bhatt
reiterated a warning previously issued by Markell: voting no on the tax
would dramatically reduce state road spending.

"We cannot just go on with these projects, and then turn around and stop,"
Bhatt said.

DelDOT's capital budget would drop from $192 million this year, to $128
million next year. Projects that aren't already under construction would
have to be evaluated for possible delays. That's because Markell's budget
retains $40 million normally directed to the state's capital spending
budget in order to cover rising expenses in the operating budget for health
care and public education.

Markell's gas tax, which would help fund $500 million in new transportation
spending over the next five years, would raise $50 million each year, with
the balance of new spending funded with additional borrowing in the state's
Transportation Trust Fund. The plan would also tie future increases in
Delaware's gas tax to inflation, automatically raising the tax in future
years without another vote in the General Assembly.

Should it not pass, the spending cut would all but delay or jeopardize
large portions of the state's capital transportation plan. And that's a
problem, Johnson, D-Middletown, said in the interview.

"The roads are what every citizen touches every day of pretty much the
year," he said.

What alternatives lawmakers will consider to Markell's plan are unknown at
this point, but Johnson said the general feeling among committee members is
that they need more data about the revenue coming into the state.

Should the revenue forecast not improve, the committee could look at
borrowing or prioritizing capital projects in other areas to make way for
transportation projects that would be delayed, he said.

"If there's a roof somewhere that can be put off for a year if we don't get
the income... those are the types of things we're going to be looking at,"
Johnson said.

Sen. David Sokola, D-Newark, said during the committee's hearing that
lawmakers have to dig in to defend the tax, saying there are projects that
need to be done.

"I frankly don't want to leave the bills to your kid.. or anyone else's
kid," he said.

Rep. Mike Ramone, R-Middle Run Valley, who opposes Markell's proposal,
suggested an alternative to Bhatt, asking the secretary to explore what
might happen if the state did not raise the gas tax, but maybe lowered it
in hopes that drivers from Delaware's neighboring states would buy cheaper
gas in the state. Should that happen, it would increase the volume of gas
bought in Delaware and effectively raise the required money for Markell's
plan, he said.

Bhatt said that Delaware is a small enough market that gas prices aren't
necessary set within the state, but more influenced by surrounding areas.

There might be some drivers on the margins who would come to Delaware for
gas, but not enough to make that large of an impact, he said. Conversely,
Bhatt said he didn't think the state would lose drivers to neighboring
areas if the gas tax were to pass as proposed.

Rep. Dennis E. Williams, D-Talleyville, suggested potentially borrowing
more now, and relying on future revenue a little later.

Bhatt said he wouldn't want to borrow more based on the promise that
additional revenue would come later.

After the hearing, Bhatt said he's optimistic that some form of the gas tax
will be passed by the General Assembly, but that it may require some
compromise.

"I think that it's kind of like a marriage, you never get everything that
you want. So we're going to lay down our proposal and they are going to say
x, y and z," he said

..........................................................................................

*Listen carefully to Common Core critics*
The counteroffensive launched by Gov. Markell and other governors in
defense of the Common Core academic standards underscores the tensions in
our polarized politics and the fractured nature of education reform in this
country. Gov. Markell, the other governors and several business groups
responded to growing criticism of the academic standards that 45 states
have adopted for public schools.

The governor said, "It's not about politics; it's about raising the bar for
our children."

The Common Core standards began to develop in 2009 with governors from
various states as prime movers. The proposal gained popularity, and many
states quickly adopted it. But as one observer said, support was a mile
wide and an inch deep. However, as the implementation of the program
progressed, silent opponents began finding their voices.

The political right attacks the Common Core standards as another intrusion
by the federal government on the prerogatives of the states and local
school boards.

Some on the political left view the standards as placing too heavy a burden
on teachers.

Gov. Markell has promoted the standards as the next logical step in making
our schools better. He co-wrote an opinion essay for the Bloomberg news
service with the headline "Common Core Isn't a Government Conspiracy."

The right's criticism aligns with its overall political criticism of
President Obama and the Democrats, even though some conservative governors
back it. Critics lump Common Core in with criticism of the Affordable Care
Act. "Obamacore" is teamed with "Obamacare."

The left's criticism echoes the growing Democrat-on-Democrat fight over
charter schools and their effect on public education.

Common Core may not be a government conspiracy, but its advocates should
listen closely to some of these criticisms. Standards, for example, are not
new. The 2001 No Child Left Behind Act required every state to put rigorous
standards in place. It is worth asking whether those standards did much
good. Several observers praised the quality of the Common Core standards,
holding them superior to previous ones. But the task of aligning those
standards with practices is enormous and difficult. One of the most telling
criticisms is about how quickly all this is being implemented. Is it on a
political schedule or on a school schedule? Is it a political necessity
that it be up and running before President Obama or Gov. Markell leave
office in 2017?

"Implementation" is not just a cover for criticism. A poor implementation
can be damaging. Just look at Obamacare. Common Core standards could
benefit our entire school system. We should take the care, and the time, to
get it right.

-- 
Sam Losow
*Finance Assistant*
Beau Biden, DE Attorney General
Office: (302) 295-8340
Cell: (202) 821-3399
[email-masked]