Assault on Democracy in Hong Kong

Antony J. Blinken, Secretary of State

The United States condemns the PRC’s continuing assault on democratic institutions in Hong Kong.  The National People’s Congress decision today to unilaterally change Hong Kong’s electoral system is a direct attack on autonomy promised to people in Hong Kong under the Sino-British Joint Declaration.  These actions deny Hong Kongers a voice in their own governance by limiting political participation, reducing democratic representation, and stifling political debate.  Beijing’s actions also run counter to the Basic Law’s clear acknowledgment that Hong Kong elections should progress towards universal suffrage.

We call on the PRC to uphold its international obligations and commitments and to act consistently with Hong Kong’s Basic Law.  The PRC’s attempt to label its crackdown on Hong Kong as an “internal matter” ignores the commitments Beijing made in the Sino-British Joint Declaration to uphold Hong Kong’s autonomy and enumerated rights and freedoms until at least 2047.

We call on the PRC and Hong Kong authorities to allow the September 2021 Legislative Council elections to proceed and ensure that all candidates are included in a transparent and credible manner.  We also call on these authorities to release and drop charges against all individuals charged under the National Security Law and other laws merely for standing for elections or for their expressions of dissenting views.

A stable, prosperous Hong Kong that respects human rights, freedoms, and pluralism serves the interests of Hong Kong, mainland China, and the broader international community.  The United States stands united with our allies and partners in speaking out for the rights and freedoms of people in Hong Kong.

More from: Antony J. Blinken, Secretary of State

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    From October 2019 to March 2020, the Department of Homeland Security (DHS), in coordination with the Department of Justice's (DOJ) Executive Office for Immigration Review (EOIR), implemented expedited fear screening pilot programs. Under the Prompt Asylum Claim Review (for non-Mexican nationals) and Humanitarian Asylum Review Process (for Mexican nationals), DHS sought to complete the fear screening process for certain individuals within 5 to 7 days of their apprehension. To help expedite the process, these individuals remained in U.S. Customs and Border Protection (CBP) custody during the pendency of their screenings rather than being transferred to U.S. Immigration and Customs Enforcement (ICE). From October through December 2019, DHS implemented the programs in the El Paso, Texas, sector and expanded them to nearly all other southwest border sectors before pausing them in March 2020 due to COVID-19. DHS data indicate that CBP identified approximately 5,290 individuals who were eligible for screening under the pilot programs. About 20 percent of individuals were in CBP custody for 7 or fewer days; CBP held about 86 percent of individuals for 20 or fewer days. Various factors affect time in CBP custody such as ICE's ability to coordinate removal flights. U.S. Citizenship and Immigration Services (USCIS) data indicate that the majority of individuals (about 3,620) received negative fear determinations from asylum officers (see figure). About 1,220 individuals received positive credible fear determinations placing them into full removal proceedings where they may apply for various forms of protection such as asylum. However, as of October 2020, DHS and EOIR could not account for the status of such proceedings for about 630 of these individuals because EOIR's data system does not indicate that a Notice to Appear—a document indicating someone was placed into full removal proceedings before an immigration judge—has been filed and entered into the system, as required. Specifically, DHS and EOIR officials could not determine whether DHS components had filed the notices for these cases with EOIR, nor could they determine if EOIR staff had received but not yet entered some notices into EOIR's data system, per EOIR policy. Ensuring that DHS components file Notices to Appear with EOIR and that EOIR staff enter them into EOIR's data system in a timely manner, as required, would help ensure that removal proceedings move forward for these individuals. Outcomes of Screenings Under Expedited Fear Screening Pilot Programs, October 2019 through March 2020 (as of August 11, 2020) Note: Percentages do not total 100 due to rounding. Individuals apprehended by DHS and placed into expedited removal proceedings are to be removed from the U.S. without a hearing in immigration court unless they indicate a fear of persecution or torture, a fear of return to their country, or express an intent to apply for asylum. Asylum officers conduct such “fear screenings,” and EOIR immigration judges may review negative USCIS determinations. In October 2019, DHS and DOJ initiated two pilot programs to further expedite fear screenings for certain apprehended noncitizens. GAO was asked to review DHS's and DOJ's management of these pilot programs. This report examines (1) actions DHS and EOIR took to implement and expand the programs along the southwest border, and (2) what the agencies' data indicate about the outcomes of individuals' screenings and any gaps in such data. GAO analyzed CBP, USCIS, EOIR, and ICE data on all individuals processed under the programs from October 2019 to March 2020; interviewed relevant headquarters and field officials; and visited El Paso, Texas—the first pilot location. GAO is making two recommendations, including that DHS ensure components file Notices to Appear with EOIR for all those who received positive determinations under the programs, and that EOIR ensure staff enter all such notices in a timely manner, as required, into EOIR's case management system. DHS concurred and DOJ did not concur. GAO continues to believe the recommendation is warranted. For more information, contact at (202) 512-8777 or gamblerr@gao.gov.
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  • Justice Department Reaches Settlement with Old Dominion University to Resolve Disability Discrimination Complaint
    In Crime News
    Today the Justice Department announced a settlement agreement with Old Dominion University (ODU) in Norfolk, Virginia, to resolve its investigation into a complaint that ODU discriminated and retaliated against a graduate student based on disability and her related request for reasonable modifications of policy. The Civil Rights Division conducted the investigation under Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973.
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  • Department Of Justice Applauds President Trump’s Authorization Of The Antitrust Criminal Penalty Enhancement And Reform Permanent Extension Act
    In Crime News
    On October 1, President Donald J. Trump signed into law a continuing resolution that contains the Antitrust Criminal Penalty Enhancement and Reform Permanent Extension Act (the “Act”).  The Act reauthorizes the Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA) and repeals the sunset provision therein.
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  • Cybersecurity: Clarity of Leadership Urgently Needed to Fully Implement the National Strategy
    In U.S GAO News
    Federal entities have a variety of roles and responsibilities for supporting efforts to enhance the cybersecurity of the nation. Among other things, 23 federal entities have roles and responsibilities for developing policies, monitoring critical infrastructure protection efforts, sharing information to enhance cybersecurity across the nation, responding to cyber incidents, investigating cyberattacks, and conducting cybersecurity-related research. To fulfill their roles and responsibilities, federal entities identified activities undertaken in support of the nation's cybersecurity. For example, National Security Council (NSC) staff, on behalf of the President, and the National Institute of Standards and Technology, have developed policies, strategies, standards, and plans to guide cybersecurity efforts. The Department of Homeland Security has helped secure the nation's critical infrastructure through developing security policy and coordinating security initiatives, among other efforts. Other agencies have established initiatives to gather intelligence and share actual or possible cyberattack information. Multiple agencies have mechanisms in place to assist in responding to cyberattacks, and law enforcement components, including the Federal Bureau of Investigation, are responsible for investigating them. The White House's September 2018 National Cyber Strategy and the NSC's accompanying June 2019 Implementation Plan detail the executive branch's approach to managing the nation's cybersecurity. When evaluated together, these documents addressed several of the desirable characteristics of national strategies, but lacked certain key elements for addressing others. National Cyber Strategy and Implementation Plan are Missing Desirable Characteristics of a National Strategy Characteristic Cyber Strategy and Plan Coverage of Issue Purpose, scope, and methodology Addressed Organizational roles, responsibilities, and coordination Addressed Integration and implementation Addressed Problem definition and risk assessment Did not fully address Goals, subordinate objectives, activities, and performance measures Did not fully address Resources, investments, and risk management Did not fully address Source: GAO analysis of 2018 National Cyber Strategy and 2019 Implementation Plan . | GAO-20-629 For example, the Implementation Plan details 191 activities that federal entities are to undertake to execute the priority actions outlined in the National Cyber Strategy. These activities are assigned a level, or tier, based on the coordination efforts required to execute the activity and the extent to which NSC staff is expected to be involved. Thirty-five of these activities are designated as the highest level (tier 1), and are coordinated by a functional entity within the NSC . Ten entities are assigned to lead or co-lead these critical activities while also tasked to lead or co-lead lower tier activities. Leadership Roles for Federal Entities Assigned as Leads or Co-Leads for National Cyber Strategy Implementation Plan Activities Entity Tier 1 Activities Tier 2 Activities Tier 3 Activities National Security Council 15 7 3 Department of Homeland Security 14 19 15 Office of Management and Budget 7 6 5 Department of Commerce 5 9 35 Department of State 2 5 11 Department of Defense 1 6 17 Department of Justice 1 10 5 Department of Transportation 1 0 5 Executive Office of the President 1 0 0 General Services Administration 1 2 1 Source: GAO analysis of 2018 National Cyber Strategy and 2019 Implementation Plan . | GAO-20-629 Although the Implementation Plan defined the entities responsible for leading each of the activities; it did not include goals and timelines for 46 of the activities or identify the resources needed to execute 160 activities. Additionally, discussion of risk in the National Cyber Strategy and Implementation Plan was not based on an analysis of threats and vulnerabilities. Further, the documents did not specify a process for monitoring agency progress in executing Implementation Plan activities. Instead, NSC staff stated that they performed periodic check-ins with responsible entities, but did not provide an explanation or definition of specific level of NSC staff involvement for each of the three tier designations. Without a consistent approach to engaging with responsible entities and a comprehensive understanding of what is needed to implement all 191 activities, the NSC will face challenges in ensuring that the National Cyber Strategy is efficiently executed. GAO and others have reported on the urgency and necessity of clearly defining a central leadership role in order to coordinate the government's efforts to overcome the nation's cyber-related threats and challenges. The White House identified the NSC staff as responsible for coordinating the implementation of the National Cyber Strategy . However, in light of the elimination of the White House Cybersecurity Coordinator position in May 2018, it remains unclear which official ultimately maintains responsibility for not only coordinating execution of the Implementation Plan , but also holding federal agencies accountable once activities are implemented. NSC staff stated responsibility for duties previously attributed to the White House Cyber Coordinator were passed to the senior director of NSC's Cyber directorate; however, the staff did not provide a description of what those responsibilities include. NSC staff also stated that federal entities are ultimately responsible for determining the status of the activities that they lead or support and for communicating implementation status to relevant NSC staff. However, without a clear central leader to coordinate activities, as well as a process for monitoring performance of the Implementation Plan activities, the White House cannot ensure that entities are effectively executing their assigned activities intended to support the nation's cybersecurity strategy and ultimately overcome this urgent challenge. Increasingly sophisticated cyber threats have underscored the need to manage and bolster the cybersecurity of key government systems and the nation's cybersecurity. The risks to these systems are increasing as security threats evolve and become more sophisticated. GAO first designated information security as a government-wide high-risk area in 1997. This was expanded to include protecting cyber critical infrastructure in 2003 and protecting the privacy of personally identifiable information in 2015. In 2018, GAO noted that the need to establish a national cybersecurity strategy with effective oversight was a major challenge facing the federal government. GAO was requested to review efforts to protect the nation's cyber critical infrastructure. The objectives of this report were to (1) describe roles and responsibilities of federal entities tasked with supporting national cybersecurity, and (2) determine the extent to which the executive branch has developed a national strategy and a plan to manage its implementation. To do so, GAO identified 23 federal entities responsible for enhancing the nation's cybersecurity. Specifically, GAO selected 13 federal agencies based on their specialized or support functions regarding critical infrastructure security and resilience, and 10 additional entities based on analysis of its prior reviews of national cybersecurity, relevant executive policy, and national strategy documents. GAO also analyzed the National Cyber Strategy and Implementation Plan to determine if they aligned with the desirable characteristics of a national strategy. GAO is making one matter for congressional consideration, that Congress should consider legislation to designate a leadership position in the White House with the commensurate authority to implement and encourage action in support of the nation's cybersecurity. GAO is also making one recommendation to the National Security Council to work with relevant federal entities to update cybersecurity strategy documents to include goals, performance measures, and resource information, among other things. The National Security Council neither agreed nor disagreed with GAO's recommendation. For more information, contact Nick Marinos at (202) 512-9342 or marinosn@gao.gov.
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  • Justice Department Files Civil Action to Shut Down California Tax Return Preparer
    In Crime News
    The United States has filed a complaint in the U.S. District Court for the Eastern District of California seeking to bar a Visalia, California tax return preparer from owning or operating a tax return preparation business and preparing federal income tax returns for others.
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  • Internet of Things: Information on Use by Federal Agencies
    In U.S GAO News
    Many federal agencies (56 of 90) responding to GAO's survey reported using Internet of Things (IoT) technologies. Most often, agencies reported using IoT to: (1) control or monitor equipment or systems (42 of 56); (2) control access to devices or facilities (39 of 56); or (3) track physical assets (28 of 56) such as fleet vehicles or agency property. Agencies also reported using IoT devices to perform tasks such as monitoring water quality, watching the nation's borders, and controlling ships in waterway locks. Furthermore, IoT use by federal agencies may increase in the future, as many agencies reported planning to begin or expand the use of IoT. However, 13 agencies not using IoT technologies reported they did not plan to use the technologies for a range of reasons, including insufficient return on investment. Example of Government's Use of Internet of Things Technology: Environmental Protection Agency's (EPA) Water Monitoring Buoy Surveyed agencies most frequently reported increasing data collection (45 of 74), and increasing operational efficiency (43 of 74) as benefits of using IoT technologies. Increasing data collection can aid decision-making and support technology development; increased efficiencies may allow agencies to accomplish more with existing resources. According to EPA officials, sensors are able to transmit data eliminating the need for employees to visit sites to collect data. The Saint Lawrence Seaway Development Corporation reported that IoT technologies helped improve transit times through its locks. Agencies most frequently reported cybersecurity issues (43 of 74) and interoperability (30 of 74) as the most significant challenges to adopting IoT technologies. For example, the Transportation Security Administration's officials told us they could not ensure the security and privacy of passenger information and subsequently took its network-connected security equipment offline until they developed a solution. Most agencies' officials responding to GAO's survey (54 of 72), as well as officials interviewed as part of the case studies, reported using information technology (IT) policies developed by their agency, versus internal IoT-specific policies, to manage IoT technologies. Some agencies reported their IT policies were sufficient for the current challenges and risks associated with adopting IoT technologies, including cybersecurity. The Office of Management and Budget's officials stated they do not typically make policies for specific IT components but if needed would work with the National Institute of Standards and Technology and others to develop such policies. IoT generally refers to devices—from sensors in vehicles to building thermostats— that collect information, communicate it to a network, and may complete a task based on that information. Although IoT technologies may present an opportunity for the federal government to operate more efficiently and effectively, federal agencies may also face challenges in acquiring and using IoT. GAO was asked to review the federal government's experience with IoT. This report describes (1) IoT technologies selected federal agencies are using, (2) the benefits and challenges of using IoT technologies, and (3) policies and guidance selected agencies follow in using and acquiring IoT technologies. GAO surveyed 115 Chief Information Officers (CIO) and senior IT officials at federal agencies and subcomponents based on, in part, agency membership in the federal CIO Council; 90 responded. However, not all agencies replied to each question. GAO also selected the Department of Commerce, the Department of Homeland Security, EPA, and the National Aeronautics and Space Administration as case studies. GAO selected these agencies based on, among other things, their fiscal year 2020 IT budgets and examples of IoT use from literature. For each case study, GAO reviewed documents and interviewed officials from the Office of the CIO from the agency and officials from selected sub-components that use the IoT technologies. For more information, contact Andrew Von Ah at (202) 512-2834 or vonaha@gao.gov.
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  • Maryland Lawyer Charged with Defrauding Financial Institutions and Other Entities to Obtain Control over $12.5 Million of Somali Sovereign Assets
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    A Maryland lawyer was charged in an 11-count indictment for his alleged role in a scheme to fraudulently obtain control of more than $12.5 million that was held by financial institutions on behalf of the Somali government, to improperly take part of those funds for fees and expenses, and to launder a portion of those funds to accounts for the benefit of his co-conspirators.
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    A former attorney for three municipalities in Puerto Rico was sentenced today to 10 years in prison after he was convicted of four counts of bribery with respect to programs receiving federal funds.
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  • Presentation of the Sherman Award to the Honorable Judge Douglas H. Ginsburg
    In Crime News
    Welcome to the Conference Center of the historic Robert F. Kennedy Department of Justice Building. It is an honor to present the Sherman award to Judge Douglas H. Ginsburg this afternoon. We’re joined today by Judge Ginsburg’s wife Deecy and many of Judge Ginsburg’s colleagues and admirers. We’re particularly honored by the presence of Justice Gorsuch, a champion of liberty, who in his short time on the Supreme Court has reconfirmed his reputation for brilliance, clarity of thought and expression, and for holding the government to its word, whether in the statutes that it enacts or the treaties that it makes. I also welcome the distinguished guests who are with us virtually.
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  • Justice Department Files Statement of Interest in Michigan Religious Schools’ Challenge to COVID-19 Closing Order
    In Crime News
    The Justice Department today filed a statement of interest in federal district court in Kalamazoo, Michigan, arguing that the Free Exercise Clause of the Constitution requires the state of Michigan to justify why it cannot provide exemptions to its school closing order for in-person instruction at religious high schools when it provides exemptions for trade and technical instruction in person, college sports teams, and other educational activities.
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  • Justice Department Again to Monitor Compliance with the Federal Voting Rights Laws on Election Day
    In Crime News
    The Justice Department today announced its plans for voting rights monitoring in jurisdictions around the country for the Nov. 3, 2020 general election. The Justice Department historically has monitored in jurisdictions in the field on election day, and is again doing so this year. The department will also take complaints from the public nationwide regarding possible violations of the federal voting rights laws through its call center.  
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