IHT Rendezvous: In China, Fears Ours Would Be a 'One-Week Puppy'

BEIJING — China has many genuine pet lovers who care well for their dogs, but also many owners who don’t. The dog trade is virtually unsupervised and selling sick animals to unsuspecting customers is common. Animal shelters are full. The pet scene is tough. Buying a dog, which I write about in my latest Letter from China, can be a risky business.

“Some breeders just want to make money. Some are real animal lovers,” said Xing Xiaosi, an editor and marketer at goumin.com, a Web site for dog lovers in China that offers an interactive education and information platform.

“But in general, the situation isn’t that positive or optimistic,” she said.

A week after we bought our boxer puppy, Xiao Tongzhi, or Little Comrade, he fell ill.

Knowing the horror stories, I took him to the vet, feeling queasy.

Here’s how Ms. Xing described an all-too common scenario: “Many dogs are not well treated in kennels and if the owners feel the dog looks sick, they may give it an injection to stimulate it, and make it more active. It usually lasts for about a week. They hope to sell the dog within a week to make their money, but the dog may die very soon after the week. If the buyer takes it to an animal hospital for treatment it may live. But if he doesn’t want to spend the money, it won’t.”

The serious — possibly deadly — illnesses include puppy distemper, canine parvovirus and canine coronavirus, usually contracted in dirty and crowded conditions at kennels.

Was Little Comrade a “one-week puppy,” as they are called?

Thankfully, the vet said he had only caught a cold. He tested negative for parvovirus and distemper, though he had been exposed to coronavirus, she said. Beijing’s cold had turned even harsher the weekend we bought him in early December, with temperatures dropping below freezing.

Still, the vet didn’t take any chances, administering anti-distemper serum and large amounts of antibiotics. The bottom line was — all puppies are vulnerable to serious disease because of the conditions they are often kept in before sale.

Overall, animal rights awareness here is low, said Ms. Xing.

“Many people are not responsible towards their pets,” she said. “They buy them as if they were toys. Then, once they have them back home, they feel they are difficult to care for because they urinate and defecate and they feel that’s dirty.”

“Some people throw their pets away when the family gets a baby,” she added. “When they’re abandoned some people do try to look for a new home. But many just throw them into the streets.”

As a result, animal shelters in Beijing and other cities are full.

“People’s consciousness about keeping pets needs to be raised,” Ms. Xing said. “They need to feel responsible for their lives.”

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Microsoft ups Surface production, to sell in more stores

SEATTLE (Reuters) – Microsoft Corp has stepped up manufacturing of the Surface tablet, its new device designed to counter Apple Inc‘s iPad, and will introduce it to third-party retailers this week.

The moves suggest Microsoft is seeing some demand for its first own-brand computer in the crucial holiday shopping season, although it has yet to divulge any sales figures.

“The public reaction to Surface has been exciting to see,” said Panos Panay, general manager of Microsoft’s Surface project, which forms part of the company’s Windows unit.

“We’ve increased production and are expanding the ways in which customers can interact with, experience and purchase Surface,” said Panay, but gave no details of how many extra units were being produced.

Panay did not mention names of retailers that will sell the Surface, but separately office equipment retailer Staples Inc said it would stock the tablet from Wednesday.

He said the Surface would also be on sale at retailers in Australia from mid-December, with more countries to follow in the next few months.

Since launch in late October, the Surface has only been sold by Microsoft itself, in its own brick and mortar stores in the United States and Canada and online in Australia, China, France, the UK and Germany.

The only Surface model available now – officially called Surface with Windows RT – runs a version of Windows created to work on the low-power chips designed by ARM Holdings, which dominate smartphones and tablets but are incompatible with old Windows applications.

It starts at $ 499 for the 32 gigabyte version plus $ 120 for a thin cover that doubles as a keyboard.

A larger, heavier tablet – called Surface with Windows 8 Pro – will be introduced in January, running on an Intel Corp chip that works with all Microsoft’s Windows and Office applications. Microsoft plans to price the new Surface from $ 899 for a 64 gigabyte version.

The world’s largest software company also said it would keep its chain of ‘pop-up’ holiday stores open into the new year and will convert them into permanent retail outlets or what it called “specialty store locations”.

Microsoft’s recent push into physical retail – following Apple’s great success – has resulted in 31 permanent stores plus 34 holiday ‘pop-up’ stores in the U.S. and Canada.

If Microsoft converted each of the temporary stores into permanent outlets it would have 65 stores, still well below Apple with almost 400 worldwide.

(Reporting by Bill Rigby in Seattle, Sruthi Ramakrishnan in Bangalore)

Tech News Headlines – Yahoo! News

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Hugh Hefner's Engagement Ring to Crystal Harris Revealed

By Mike Fleeman

12/11/2012 at 07:00 PM EST

The wedding's back on – though it may be a good idea to save that gift receipt.

Hugh Hefner, 86, officially confirms that he is once again engaged to Crystal Harris, 26, telling his Twitter followers, "I've given Crystal Harris a ring. I love the girl."

And to prove it, Harris posted photos of the big diamond sparkler, calling it "my beautiful ring."

Neither announced a wedding date, though sources tell PEOPLE they're planning to tie the knot at the Playboy Mansion in Los Angeles on New Year's Eve.

Whether that still happens remains to be seen.

This is the plan they had in 2011 – a wedding at the mansion – except that Harris called it off just days before the nuptials were scheduled to happen in front of 300 invited guests.

Hugh Hefner and Crystal Harris

David Livingston / Getty

The onetime Playmate of the Month then ripped Hef's bedroom skills, calling him a two-second man, to which Hefner replied, "I missed a bullet" by not marrying her.

A year later, Hefner's "runaway bunny" bounded back to him.

• Reporting by JENNIFER GARCIA

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DA investigating Texas' troubled $3B cancer agency

AUSTIN, Texas (AP) — Turmoil surrounding an unprecedented $3 billion cancer-fighting effort in Texas worsened Tuesday when its executive director offered his resignation and the state's chief public corruption prosecutor announced an investigation into the beleaguered agency.

No specific criminal allegations are driving the latest probe into the Cancer Prevention and Research Institute of Texas, said Gregg Cox, director of the Travis County district attorney's public integrity unit. But his influential office opened a case only weeks after the embattled agency disclosed that an $11 million grant to a private company bypassed review.

That award is the latest trouble in a tumultuous year for CPRIT, which controls the nation's second-largest pot of cancer research dollars. Amid the mounting problems, the agency announced Tuesday that Executive Director Bill Gimson had submitted his letter of resignation.

"Unfortunately, I have also been placed in a situation where I feel I can no longer be effective," Gimson wrote in a letter dated Monday.

Gimson said the troubles have resulted in "wasted efforts expended in low value activities" at the agency, instead of a focused fight against cancer. Gimson offered to stay on until January, and the agency's board must still approve his request to step down.

His departure would complete a remarkable house-cleaning at CPRIT in a span of just eight months. It began in May, when Dr. Alfred Gilman resigned as chief science officer in protest over a different grant that the Nobel laureate wanted approved by a panel of scientists. He warned it would be "the bomb that destroys CPRIT."

Gilman was followed by Chief Commercialization Officer Jerry Cobbs, whose resignation in November came after an internal audit showed Cobbs included an $11 million proposal in a funding slate without a required outside review of the project's merits. The lucrative grant was given to Dallas-based Peloton Therapeutics, a biomedical startup.

Gimson chalked up Peloton's award to an honest mistake and has said that, to his knowledge, no one associated with CPRIT stood to benefit financially from the company receiving the taxpayer funds. That hasn't satisfied some members of the agency's governing board, who called last week for more assurances that no one personally profited.

Cox said he has been following the agency's problems and his office received a number of concerned phone calls. His department in Austin is charged with prosecuting crimes related to government officials; his most famous cases include winning a conviction against former U.S. House Majority Leader Tom DeLay in 2010 on money laundering charges.

"We have to gather the facts and figure what, if any, crime occurred so that (the investigation) can be focused more," Cox said.

Gimson's resignation letter was dated the same day the Texas attorney general's office also announced its investigation of the agency. Cox said his department would work cooperatively with state investigators, but he made clear the probes would be separate.

Peloton's award marks the second time this year that a lucrative taxpayer-funded grant authorized by CPRIT instigated backlash and raised questions about oversight. The first involved the $20 million grant to M.D. Anderson Cancer Center in Houston that Gilman described as a thin proposal that should have first been scrutinized by an outside panel of scientific peer-reviewers, even though none was required under the agency's rules.

Dozens of the nation's top scientists agreed. They resigned en masse from the agency's peer-review panels along with Gilman. Some accused the agency of "hucksterism" and charting a politically-driven path that was putting commercial product-development above science.

The latest shake-up at CPRIT caught Gilman's successor off-guard. Dr. Margaret Kripke, who was introduced to reporters Tuesday, acknowledged that she wasn't even sure who she would be answering to now that Gimson was stepping down. She said that although she wasn't with the agency when her predecessor announced his resignation, she was aware of the concerns and allegations.

"I don't think people would resign frivolously, so there must be some substance to those concerns," Kripke said.

Kripke also acknowledged the challenge of restocking the peer-review panels after the agency's credibility was so publicly smeared by some of the country's top scientists. She said she took the job because she felt the agency's mission and potential was too important to lose.

Only the National Institutes of Health doles out more cancer research dollars than CPRIT, which has awarded more than $700 million so far.

Gov. Rick Perry told reporters in Houston on Tuesday that he wasn't previously aware of the resignation but said Gimson's decision to step down was his own.

Joining the mounting criticism of CPRIT is the woman credited with brainstorming the idea for the agency in the first place. Cathy Bonner, who served under former Texas Gov. Ann Richards, teamed with cancer survivor Lance Armstrong in selling Texas voters in 2007 on a constitutional amendment to create an unprecedented state-run effort to finance a war on disease.

Now Bonner says politics have sullied an agency that she said was built to fund research, not subsidize private companies.

"There appears to be a cover-up going on," Bonner said.

Peloton has declined comment about its award and has referred questions to CPRIT. The agency has said the company wasn't aware that its application was never scrutinized by an outside panel, as required under agency rules.

___

Follow Paul J. Weber on Twitter: www.twitter.com/pauljweber

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Big tech boosts S&P 500 to best close since election

NEW YORK (Reuters) - Stocks rose on Tuesday, led by gains in technology companies, helping the S&P 500 end at its highest level since Election Day.

A 2.2 percent gain to $541.39 in Apple's stock lifted the Nasdaq, as the largest U.S. company by market value rebounded from a week in which investors took profits before a possible tax rise next year. Prior to Tuesday's trading, Apple shares had lost 25 percent from an all-time intraday high hit in September.

Stocks pared some gains by late afternoon as more news on the "fiscal cliff" negotiations emerged. U.S. Senate Majority Leader Harry Reid said it will be difficult to reach agreement resolving the cliff tax hikes and spending cuts before Christmas.

"There's been a real explosion in anxiety over this thing. Because markets have become the way they are, you've got people just stepping back," said James Dailey, portfolio manager of TEAM Asset Strategy Fund in Harrisburg, Pennsylvania.

"There's a tremendous absence of liquidity in the market," he said.

The S&P 500 had lost 5.3 percent in the seven sessions following Election Day as investors refocused on the threat posed to the economy by the fiscal cliff, a series of automatic spending cuts and tax increases. Markets have mostly recovered those losses, but volume has been thin, suggesting investors are not betting aggressively due to the uncertainty.

The Dow Jones industrial average <.dji> was up 78.56 points, or 0.60 percent, at 13,248.44. The Standard & Poor's 500 Index <.spx> was up 9.29 points, or 0.65 percent, at 1,427.84. The Nasdaq Composite Index <.ixic> was up 35.34 points, or 1.18 percent, at 3,022.30.

Volume was roughly 6.43 billion shares traded on the NYSE, the Nasdaq and the NYSE MKT, compared with the year-to-date average daily closing volume of roughly 6.5 billion.

Other major tech stocks also rose. Texas Instruments gained 4 percent to $31.01 after bumping up its profit target late Monday. That helped other chipmakers rally, with the PHLX Semiconductor index <.sox> up 1.9 percent. Microsoft rose 1.4 percent to $27.32.

The lack of demonstrable progress in the fiscal cliff negotiations has kept investors from making aggressive bets in recent weeks.

Republican House Speaker John Boehner called on President Barack Obama to propose a counter-offer on Tuesday.

Retailers like luggage maker Tumi Holding Inc and Michael Kors Holding gained on Tuesday after a positive report from Goldman Sachs Equity Research. Tumi was up 4.7 percent to $21.92 and Michael Kors gained 2.4 percent, reaching $50.92.

By contrast, discount retailers Dollar General and Family Dollar declined. Dollar General, whose shares fell 7.8 percent to $42.94, said it sees margins under pressure in 2013. [ID:nL1E8NB0QB] Family Dollar shares dropped 8.4 percent to $64.68.

SPX Corp shares fell 9.1 percent to $62.07 and the stock was the biggest percentage decliner on the New York Stock Exchange after sources said the company is in exclusive talks to buy rival Gardner Denver , in a merger that could create an industrial machinery conglomerate with a market value over $7 billion.

The U.S. Treasury is selling its remaining stake in insurer American International Group Inc . AIG's shares were up 5.7 percent at $35.26.

The Fed began a two-day policy-setting meeting on Tuesday. The central bank is expected to announce a new round of Treasury bond purchases when the meeting ends on Wednesday to replace its "Operation Twist" stimulus, which expires at the end of the year.

Advancers outnumbered decliners on the NYSE by about 2 to 1, and on the Nasdaq by nearly 9 to 4.

(Additional reporting by Gabriel Debenedetti; Editing by Kenneth Barry and Nick Zieminski)

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Obama Says U.S. Will Recognize Syrian Rebels

WASHINGTON — President Obama said Tuesday that the United States would formally recognize a coalition of Syrian opposition groups as that country’s legitimate representative, intensifying the pressure on President Bashar al-Assad to give up his bloody struggle to stay in power.

Mr. Obama’s announcement, in an interview with Barbara Walters of ABC News on the eve of a meeting in Morocco of the Syrian opposition leaders and their supporters, was widely expected. But it marks a new phase of American engagement in a bitter, nearly two-year-long conflict that has claimed at least 40,000 lives, threatened to destabilize the region, and defied all outside attempts to end it.

The announcement puts Washington’s political imprimatur on a once-disparate band of opposition groups, which have coalesced, under pressure from the United States and its allies, to develop what American officials say is a credible transitional plan to govern Syria if Mr. Assad is forced out.

Moreover, it draws an even sharper line between those elements of the opposition that the United States champions and those it rejects. The Obama administration coupled its recognition with the designation hours earlier of a militant Syrian rebel group, Al Nusra Front, as a foreign terrorist organization, affiliated with Al Qaeda.

“Not everybody who is participating on the ground in fighting Assad are people that we are comfortable with,” Mr. Obama said in an interview on the ABC program “20/20.” “There are some who I think have adopted an extremist agenda, an anti-U.S. agenda.”

But Mr. Obama praised the opposition, known formally as the National Coalition of Syrian Revolutionary and Opposition Forces, for what he said was its inclusiveness, its openness to various ethnic and religious groups, and its ties to local councils involved in the fighting against Mr. Assad’s security forces.

“At this point we have a well-organized-enough coalition — opposition coalition that is representative — that we can recognize them as the legitimate representative of the Syrian people,” he said.

For some experts on Syria, however, the question was whether Mr. Obama’s move was too little, too late. Britain, France, Turkey and the Gulf Cooperation Council have previously recognized the Syrian opposition. And the move does nothing to change the military equation inside Syria, where Mr. Assad has clung to power despite gains by rebel fighters.

Mr. Obama notably did not commit himself to providing arms to the rebels he is recognizing or to supporting them militarily with airstrikes or the establishment of a no-fly zone, a stance that has led to a rise of anti-American sentiment among many of the rebels.

The United States has played an active role behind the scenes in shaping the opposition, insisting that it be broadened and made more inclusive. But until Mr. Obama's announcement on Tuesday, the United States had held off on formally recognizing the opposition coalition, asserting that it wanted to use the lure of recognition to encourage the rebel leaders to flesh out their political structure and fill important posts.

In recent weeks, the National Coalition of Syrian Revolutionary and Opposition Forces has been in the process of developing a series of committees on humanitarian assistance, education, health, judicial matters and security issues.

Mr. Obama’s statement was an acknowledgment that the opposition had made sufficient progress to merit recognition. The American hope is that the opposition, in conjunction with local councils that are being formed in Syria, could help govern areas that have been wrested from Mr. Assad's control, provide public services like law enforcement and utilities, and perhaps even channel humanitarian assistance. Alluding to this role, Mr. Obama said that the opposition would “have some responsibilities to carry out.”

But Mr. Obama's move does not go so far as to confer on the opposition the legal authority of a state. It does not, for example, recognize the opposition's right to gain access to Syrian government money, take over the Syrian Embassy in Washington or enter into binding diplomatic commitments.

It is also unclear to what extent the move might influence the situation inside Syria, where the pace of the fighting appears to have intensified. A senior American official who is attending the meeting in Morocco said on Tuesday that none of the rebel military commanders from the Free Syrian Army would be attending the meeting on Wednesday.

“There are people here who definitely coordinate with armed groups, with the Free Syrian Army,” he said. “That is not to say they are giving instructions to it; they do not. It is not to say that they are telling it what to do or what to say in the international field; they are not. In a sense, the Free Syrian Army is a separate organization.”

Andrew J. Tabler, a senior fellow and a Syria expert at the Washington Institute for Near East Policy, said: “The recognition is designed as a political shot in the arm for the opposition. But it’s happening in the context of resentment among the Syrian opposition, especially armed elements, of the White House’s lack of assistance during the Syrian people’s hour of need. This is especially true among armed groups.”

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Behind the New Modern Seinfeld Twitter Account, Which Is Not About Nothing

Seinfeld has never left our pop culture lexicon. Just recently we’ve seen it referenced in the presidential race and in Game of Thrones parodies. But what would the seminal “show about nothing” be like if its characters could use cell phones or Facebook? The @SeinfeldToday Twitter account, which popped up Sunday evening, ventures to propose of-the-moment plots for a modern Seinfeld. For example:  

Kramer is under investigation for heavy torrenting. Jerry’s new girlfriend writes an extremely graphic blog. George discovers Banh Mi.

— Modern Seinfeld (@SeinfeldToday) December 10, 2012

The man behind the account, BuzzFeed’s sports editor Jack Moore, started tweeting out scenarios with his friend, comedian Josh Gondelman, and then decided that the joke merited its own account. Moore is a Seinfeld fanatic himself: “I’m pretty much constantly watching episodes in the background while I’m doing anything,” he told us in an email. “I have a thumb drive with the whole series on it that I keep in my bag pretty much all the time.” 

RELATED: Rich Folks, Saggy Pants, and the Vast Manatee Conspiracy

So far, the modern-day episode summaries ring true, despite warnings from Gawker last year that classic episodes wouldn’t have worked if the characters just had the use of newfangled technology. “It would be different but not as different as everyone acts like,” Moore wrote to us. “People always say that ‘if they had cell phones Seinfeld couldn’t exist,’ which is true for a certain type of Seinfeld episode, but not as a general rule (which I think the account shows).” 

RELATED: Jon Huntsman Finds His Voice by Sounding Like a Dad on Twitter

The account makes it obvious that Internet apps and 2012 trends would create the same awkward situations that Seinfeld thrived on. For example: 

Kramer uses grinder to meet new friends, doesn’t know it’s a gay hook-up app. Jerry refuses to admit he cried on @wtfpod.

— Modern Seinfeld (@SeinfeldToday) December 10, 2012

Elaine has a bad waiter at a nice restaurant, her negative Yelp review goes viral, she gets banned. Kramer accidentally joins the Tea Party.

— Modern Seinfeld (@SeinfeldToday) December 10, 2012

George thinks his GF is faking a gluten-intolerance, feeds her real cookies, sending her to the ER. Autocorrect ruins Jerry’s relationship.

— Modern Seinfeld (@SeinfeldToday) December 10, 2012

We kind of really want to see some of these made, actually. Reunion special? 

Social Media News Headlines – Yahoo! News

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Nicole 'Snooki' Polizzi & Mitt Romney Attend Las Vegas Boxing Match

Caught in the Act

By Mark Gray

12/10/2012 at 06:30 PM EST

Mitt Romney and Nicole 'Snooki' Polizzi

Danny Moloshok/Reuters/Landov; D Dipasupil/Getty

Where would a former presidential candidate and a pint-sized reality star cross paths?

Vegas, baby!

With the campaign behind him, Mitt Romney has traded his focus on the ballot box for boxing. The former presidential hopeful sat ringside on Saturday night as Manny Pacquiao took on Juan Manuel Marquez at the MGM Grand in Las Vegas.

Joined by his wife Ann, Romney never divulged which boxer he was rooting for. But according to Pacquiano's publicist, Fred Sternburg, the one-time candidate visited Pacquiano before the fight, telling the 33-year-old boxer, "Hello Manny. I ran for president. I lost."

Sitting not far from Romney and his wife, Nicole "Snooki" Polizzi enjoyed the fight. The new mom is actually a boxing promoter and was on hand to support Dublin-born fighter, Patrick Hyland, who fought on the Pacquiao-Marquez undercard.

Pacquiao lost the fight after being knocked out in the sixth round.

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Surprise: New insurance fee in health overhaul law

WASHINGTON (AP) — Your medical plan is facing an unexpected expense, so you probably are, too. It's a new, $63-per-head fee to cushion the cost of covering people with pre-existing conditions under President Barack Obama's health care overhaul.

The charge, buried in a recent regulation, works out to tens of millions of dollars for the largest companies, employers say. Most of that is likely to be passed on to workers.

Employee benefits lawyer Chantel Sheaks calls it a "sleeper issue" with significant financial consequences, particularly for large employers.

"Especially at a time when we are facing economic uncertainty, (companies will) be hit with a multi-million dollar assessment without getting anything back for it," said Sheaks, a principal at Buck Consultants, a Xerox subsidiary.

Based on figures provided in the regulation, employer and individual health plans covering an estimated 190 million Americans could owe the per-person fee.

The Obama administration says it is a temporary assessment levied for three years starting in 2014, designed to raise $25 billion. It starts at $63 and then declines.

Most of the money will go into a fund administered by the Health and Human Services Department. It will be used to cushion health insurance companies from the initial hard-to-predict costs of covering uninsured people with medical problems. Under the law, insurers will be forbidden from turning away the sick as of Jan. 1, 2014.

The program "is intended to help millions of Americans purchase affordable health insurance, reduce unreimbursed usage of hospital and other medical facilities by the uninsured and thereby lower medical expenses and premiums for all," the Obama administration says in the regulation. An accompanying media fact sheet issued Nov. 30 referred to "contributions" without detailing the total cost and scope of the program.

Of the total pot, $5 billion will go directly to the U.S. Treasury, apparently to offset the cost of shoring up employer-sponsored coverage for early retirees.

The $25 billion fee is part of a bigger package of taxes and fees to finance Obama's expansion of coverage to the uninsured. It all comes to about $700 billion over 10 years, and includes higher Medicare taxes effective this Jan. 1 on individuals making more than $200,000 per year or couples making more than $250,000. People above those threshold amounts also face an additional 3.8 percent tax on their investment income.

But the insurance fee had been overlooked as employers focused on other costs in the law, including fines for medium and large firms that don't provide coverage.

"This kind of came out of the blue and was a surprisingly large amount," said Gretchen Young, senior vice president for health policy at the ERISA Industry Committee, a group that represents large employers on benefits issues.

Word started getting out in the spring, said Young, but hard cost estimates surfaced only recently with the new regulation. It set the per capita rate at $5.25 per month, which works out to $63 a year.

America's Health Insurance Plans, the major industry trade group for health insurers, says the fund is an important program that will help stabilize the market and mitigate cost increases for consumers as the changes in Obama's law take effect.

But employers already offering coverage to their workers don't see why they have to pony up for the stabilization fund, which mainly helps the individual insurance market. The redistribution puts the biggest companies on the hook for tens of millions of dollars.

"It just adds on to everything else that is expected to increase health care costs," said economist Paul Fronstin of the nonprofit Employee Benefit Research Institute.

The fee will be assessed on all "major medical" insurance plans, including those provided by employers and those purchased individually by consumers. Large employers will owe the fee directly. That's because major companies usually pay upfront for most of the health care costs of their employees. It may not be apparent to workers, but the insurance company they deal with is basically an agent administering the plan for their employer.

The fee will total $12 billion in 2014, $8 billion in 2015 and $5 billion in 2016. That means the per-head assessment would be smaller each year, around $40 in 2015 instead of $63.

It will phase out completely in 2017 — unless Congress, with lawmakers searching everywhere for revenue to reduce federal deficits — decides to extend it.

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Wall Street gets small lift from technology and McDonald's

NEW YORK (Reuters) - Stocks edged higher on Monday as technology shares bounced back after recent weakness and McDonald's posted strong monthly sales.

Technology stocks were led by Hewlett-Packard Co , which climbed 2.6 percent to $14.16 on rumors that activist investor Carl Icahn is building a stake in the PC maker. The stock is down 44.5 percent for the year and ranks as the Dow's worst performer. The S&P technology index <.gspt> was up 0.3 percent.

Tech also was supported by Cisco Systems , which gained 2.4 percent to $19.79 after the company presented its midterm growth strategy on Friday.

McDonald's Corp gave the Dow a jolt, gaining 1.1 percent to $89.41, as its November sales were stronger than expected and showed a bounce back from a decline in October.

There was little news Monday about the negotiations over the "fiscal cliff," a series of automatic tax hikes and spending cuts that could hurt economic growth next year. Concerns that lawmakers will not broker a deal have kept a lid on optimism in the equity market.

"There is a general sense that if a deal is struck, that we could have a further advance in the market at the end of this year as well as the first part of next year," said Michael Sheldon, chief market strategist at RDM Financial in Westport, Connecticut.

A breakout to the upside on a cliff deal could take the S&P 500 back up to 1,474, just off the 2012 high for the index, said Elliot Spar, Stifel Nicolaus option market strategist in Shrewsbury, New Jersey.

The benchmark S&P 500 index has yet to see a move greater than 0.5 percent in either direction on any day in December, and hasn't moved more than 1 percent either way in any session since November 23. However, the market has regained most of the losses incurred post-election as investors refocused on the fiscal cliff.

U.S. President Barack Obama met with Republican House Speaker John Boehner on Sunday to negotiate a budget deal. A Boehner aide said Monday that talks are continuing.

The Dow Jones industrial average <.dji> rose 14.75 points, or 0.11 percent, to 13,169.88 at the close. The Standard & Poor's 500 Index <.spx> inched up just 0.48 of a point, or 0.03 percent, to 1,418.55. The Nasdaq Composite Index <.ixic> advanced 8.92 points, or 0.30 percent, to close at 2,986.96.

News out of Italy kept sentiment in check as Prime Minister Mario Monti said he would resign after the approval of the 2013 budget. The move added to uncertainty about progress being made to tackle the euro zone's debt problem and drove Italy's borrowing costs higher.

U.S.-listed shares of Nexen jumped 13.8 percent to $26.77 and the stock was the second-most actively traded on the New York Stock Exchange. On Friday, Canada approved a $15.1 billion bid by CNOOC Ltd for energy company Nexen.

The S&P materials index <.gspm> gained 0.7 percent and led the S&P 500's sector index gains as shares of mining companies rose in sync with copper and gold prices. Shares of Freeport-McMoRan gained 1.1 percent to $32.04.

Volume was roughly 5.3 billion shares traded on the NYSE, the Nasdaq and the NYSE MKT, compared with the year-to-date average daily closing volume of roughly 6.5 billion.

Advancers outnumbered decliners on the NYSE by a ratio of about 17 to 13, while on the Nasdaq, seven stocks rose for every five that fell.

(Reporting by Caroline Valetkevitch; Additional reporting by Doris Frankel in Chicago and Gabriel Debenedetti in New York; Editing by Jan Paschal)

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