Attorney General Garland Memorandum on Justice Department Communications with the White House

The U.S. Department of Justice today formally updated its guidelines governing communications between the Justice Department and the White House. Attorney General Merrick B. Garland announced the guidelines, effective immediately, in a memorandum to all Department personnel. 

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    In U.S GAO News
    The Securities and Exchange Commission (SEC) disclosure rule broadly requires that certain companies submit a filing that describes their efforts to conduct a reasonable country-of-origin inquiry (RCOI), and depending on the preliminary determination, perform due diligence to determine the source and chain of custody of their conflict minerals—gold and specific ores for tantalum, tin, and tungsten. After conducting RCOI, an estimated 50 percent of companies filing in 2019 reported preliminary determinations as to whether the conflict minerals came from the Democratic Republic of the Congo (DRC) or adjoining countries (covered countries) or from scrap or recycled sources. The percentage of companies able to make such preliminary determinations increased significantly between 2014 and 2015, and has since leveled off, as shown below. Source of Conflict Minerals in Products as Determined by Companies' Reasonable Country-of-Origin Inquiries, Reporting Years 2014-2019 However, fewer companies reported such determinations after conducting due diligence. In 2019, an estimated 85 percent of companies made preliminary determinations that required them to then perform due diligence. Of those companies, an estimated 17 percent determined that the minerals came from covered countries—a significantly lower percentage of companies making that determination than the 37 percent reported in 2017 or the 35 percent in 2018. Since 2014, companies have noted various challenges they face in making such determinations; however, SEC staff told GAO that they did not know what factors contributed to the decrease in 2019. We will examine this issue during our future review. While the Department of State (State) and U.S. Agency for International Development (USAID) have implemented the U.S. conflict minerals strategy since 2011, they have not established performance indicators for all of the strategic objectives. For example, they have no such indicators for the objectives of strengthening regional and international efforts and promoting due diligence and responsible trade through public outreach. Without performance indicators, the agencies cannot comprehensively assess their progress toward achieving these objectives or the overall goal of addressing armed groups' exploitation of conflict minerals. Armed groups in eastern DRC continue to commit severe human rights abuses and to profit from the exploitation of “conflict minerals,” according to State. Provisions in the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act required, among other things, that State, USAID, and the SEC take certain actions to promote peace and security. In 2011, State created the U.S. conflict minerals strategy in consultation with USAID to address armed groups' exploitation of conflict minerals. In 2012, the SEC also promulgated regulations containing disclosure and reporting requirements for companies that use conflict minerals from covered countries. The act also included a provision for GAO to annually assess, among other things, the SEC regulations' effectiveness in promoting peace and security. In this report, GAO examines, among other things, how companies responded to the SEC conflict minerals disclosure rule when filing in 2019 and the extent to which State and USAID assessed progress toward the U.S. conflict minerals strategy's objectives and goal. GAO analyzed a generalizable sample of SEC filings, reviewed documents, and interviewed U.S. officials State, in consultation with USAID, should develop performance indicators for assessing progress toward the strategic objectives and goal of the U.S. conflict minerals strategy. State and USAID concurred with GAO's recommendation. For more information, contact Kimberly M. Gianopoulos at (202) 512-8612 or gianopoulosk@gao.gov.
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    In Crime News
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    In Crime News
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    In Crime News
    A Mississippi pharmacist pleaded guilty today for his role in a multimillion-dollar scheme to defraud TRICARE and private insurance companies by paying kickbacks to distributors for the referral of medically unnecessary compounded prescription medications that were ultimately dispensed by his pharmacies. The conduct allegedly resulted in more than $180 million in fraudulent billings, including more than $50 million paid by federal healthcare programs. 
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  • Southwest Border: DHS and DOJ Have Implemented Expedited Credible Fear Screening Pilot Programs, but Should Ensure Timely Data Entry
    In U.S GAO News
    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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    A small group of judges around the country have presided over jury trials during the COVID-19 pandemic. The number is growing as the backlog of criminal cases becomes an increasing concern among courts acutely aware that defendants are entitled to a fair, impartial, and timely trial. 
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  • Mississippi Prison’s Deputy Warden Charged with Civil Rights Offense for Beating Inmate
    In Crime News
    The Justice Department announced yesterday that a federal grand jury indicted Melvin Hilson, 49, currently a deputy warden at the Mississippi State Penitentiary, for repeatedly striking an inmate and knocking him to the ground, resulting in injury to the inmate.
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  • Woman Sentenced to 198 Months in Prison for Teaching and Distributing Information About Weapons of Mass Destruction
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    A New York woman was sentenced today to 198 months, about 16 and a half years, in prison for her role in planning a terrorist attack in the United States.
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  • Navy Readiness: Actions Needed to Evaluate and Improve Surface Warfare Officer Career Path
    In U.S GAO News
    What GAO Found U.S. Navy Surface Warfare Officers (SWOs) separate from the SWO community earlier and at higher rates compared with officers in similar U.S. Navy communities, and female SWOs separate at higher rates than male SWOs. Retention Rates for U.S. Navy Officers and Surface Warfare Officers by Gender Note: GAO compared the U.S. Navy Surface Warfare Officer community separation rates with those of the other unrestricted line officer communities in the U.S. Navy: Naval Aviation, Submarine, and Explosive Ordinance Disposal and Special Warfare. GAO found that after 10 years of service, around the first major career milestone: 33 percent of SWOs remain in their community, compared with 45 percent of officers from similar U.S. Navy officer communities, and 12 percent of female SWOs remain in their community, compared with 39 percent of male SWOs. By using existing information to develop a plan to improve SWO retention, the Navy will be better positioned to retain a diverse and combat-ready community. The career path for U.S. Navy SWOs differs from those in similar positions in selected foreign navies and other U.S. Navy and U.S. maritime communities. Career Path for U.S. Navy Surface Warfare Officers Compared with Others The U.S. Navy made incremental career path changes for SWOs following the 2017 collisions, but has not regularly evaluated or fundamentally changed its SWO career path for over a century. GAO found that by a factor of four to one, SWOs believe specialized career paths would better prepare them for their duties than the current generalist career path. Without periodic evaluations of current approaches, including alternative career paths, and the use of those evaluations, the U.S. Navy may miss an opportunity to develop and retain proficient SWOs. Why GAO Did This Study SWOs are U.S. Navy officers whose primary duties focus on the safe operation of surface ships at sea. In 2017, the Navy had two collisions at sea that resulted in the death of 17 sailors and hundreds of millions of dollars in damage to Navy ships. Following the collisions, the Navy identified deficiencies in the SWO career path and staffing policies, and took action to improve these areas. The John S. McCain National Defense Authorization Act for Fiscal Year 2019 contained a provision that GAO assess issues related to the U.S. Navy SWO career path. Among other things, this report (1) assesses trends in separation rates of SWOs with those of similar U.S. Navy officer communities, and trends in SWO separation rates by gender; (2) describes how the career path of U.S. Navy SWOs compares to those of selected foreign navies and other U.S. Navy and U.S. maritime communities; and (3) assesses the extent to which the U.S. Navy has used or evaluated alternative career paths. GAO analyzed U.S. Navy officer personnel data; selected foreign navies and U.S. maritime officer communities for comparison; and surveyed a generalizable sample of Navy SWOs.
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  • Agile Assessment Guide: Best Practices for Agile Adoption and Implementation
    In U.S GAO News
    From September 28, 2020 through September 27, 2021, GAO is seeking input and feedback on this Exposure Draft from all interested parties. Please click on this link https://tell.gao.gov/agileguide to provide us with comment on the Guide. The U.S. Government Accountability Office is responsible for, among other things, assisting Congress in its oversight of the executive branch, including assessing federal agencies' management of information technology (IT) systems. The federal government annually spends more than $90 billion on IT. However, federal agencies face challenges in developing, implementing, and maintaining their IT investments. All too frequently, agency IT programs have incurred cost overruns and schedule slippages while contributing little to mission-related outcomes. Accordingly, GAO has included management of IT acquisitions and operations on its High Risk List. Recognizing the severity related to government-wide management of IT, in 2014, the Congress passed and the President signed federal IT acquisition reform legislation commonly referred to as the Federal Information Technology Acquisition Reform Act, or FITARA. This legislation was enacted to improve agencies' acquisition of IT and enable Congress to monitor agencies' progress and hold them accountable for reducing duplication and achieving cost savings. Among its specific provisions is a requirement for Chief Information Officers (CIOs) at covered agencies to certify that certain IT investments are adequately implementing incremental development as defined in the Office of Management and Budget's capital planning guidance. One such framework for incremental development is Agile software development, which has been adopted by many federal agencies. The Agile Assessment Guide discusses best practices that can be used across the federal government for Agile adoption, execution, and program monitoring and control. Use of these best practices should enable government programs to better transition to and manage their Agile programs. GAO has developed this guide to serve multiple audiences: The primary audience for this guide is federal auditors. Specifically, the guide presents best practices that can be used to assess the extent to which an agency has adopted and implemented Agile methods. Organizations and programs that have already established policies and protocols for Agile adoption and execution can use this guide to evaluate their existing approach to Agile software development. Organizations and programs that are in the midst of adopting Agile software development practices and programs that are planning to adopt such practices can also use this guide to inform their transitions. For more information, contact Carol Harris at (202) 512-4456 or harriscc@gao.gov.
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