October 21, 2021

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Attorney General Merrick B. Garland Announces Appointment of David Neal as Director of the Executive Office for Immigration Review

14 min read
<div>Attorney General Merrick B. Garland today announced the appointment of David L. Neal as the Director of the Executive Office for Immigration Review (EOIR) at the Department of Justice.</div>
Attorney General Merrick B. Garland today announced the appointment of David L. Neal as the Director of the Executive Office for Immigration Review (EOIR) at the Department of Justice.

More from: September 24, 2021

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  • Former Supervisory Corrections Officer Sentenced for Repeatedly Tasing Restrained Detainee
    In Crime News
    Former supervisory corrections officer Mark Bryant, 42, was sentenced today to 5 years in prison for repeatedly tasing a restrained pretrial detainee inside the Cheatham County Jail in Tennessee. In January 2020, a jury in the Middle District of Tennessee convicted Bryant of two counts of violating Title 18, U.S. Code, Section 242, for using excessive force while acting under color of law. 
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    In Crime News
    The Department of Justice obtained more than $2.2 billion in settlements and judgments from civil cases involving fraud and false claims against the government in the fiscal year ending Sept. 30, 2020, Acting Assistant Attorney General Jeffrey Bossert Clark of the Department of Justice’s Civil Division announced today.  Recoveries since 1986, when Congress substantially strengthened the civil False Claims Act, now total more than $64 billion.
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  • Quadrennial Defense Review: 2010 Report Addressed Many but Not All Required Items
    In U.S GAO News
    The Department of Defense (DOD) is facing the complex challenge of simultaneously supporting continuing operations in Iraq and Afghanistan and preparing its military forces to meet emerging threats of the new security environment. Congress appropriated $626 billion for DOD's fiscal year 2010 budget and to support current operations. As we have emphasized in previous reports, the federal government is facing serious long-term fiscal challenges, and DOD may confront increased competition over the next decade for federal discretionary funds. The 2010 Quadrennial Defense Review (QDR), the fourth since 1997 and the second since the start of operations in Afghanistan and Iraq, articulates DOD's strategic plan to rebalance capabilities in order to prevail in current operations and develop capabilities to meet future threats. The QDR acknowledged that the country faces fiscal challenges and that DOD must make difficult trade-offs where warranted. Also, the QDR results are intended to guide the services in making resource allocation decisions when developing future budgets. This letter provides our assessment of the degree to which DOD addressed each of these items in its 2010 report on the QDR and the supplemental information provided to the defense committees.DOD used the 2008 National Defense Strategy as the starting point for the 2010 QDR review. The strategy described an environment shaped by globalization, violent extremist movements, rogue and unstable states, and proliferation of weapons of mass destruction. For its 2010 QDR analyses, DOD examined forces needed for three different sets of scenarios, each consisting of multiple concurrent operations, chosen to reflect the complexity and range of events that may occur in multiple theaters in overlapping timeframes in the mid-term (5 to 7 years in the future). The range of potential operations included homeland defense, defense support to civil authorities responding to a catastrophic event in the United States, a major stabilization operation, deterring and defeating regional aggressors, and a medium-sized counterinsurgency mission. According to the QDR report, DOD used the results of its analyses to make decisions on how to size and shape the force and to inform its choices on resourcing priorities. For example, according to DOD officials, the proposed fiscal year 2011 defense budget focuses investments toward the priorities outlined in the QDR report, such as rebalancing the force. Our analysis showed that of the 17 required reporting items, DOD addressed 6, partially addressed 7, and did not directly address 4. The items not directly addressed included items addressing the anticipated roles and missions of the reserve component, the advisability of revisions to the Unified Command Plan, the extent to which resources must be shifted among two or more theaters, and the appropriate ratio of combat to support forces. According to DOD officials, these items were not directly addressed for a variety of reasons such as changes in the operational environment, the difficulty of briefly summarizing a large volume of data generated through the QDR analyses, or departmental plans to report on some items separately. The 2010 QDR report presented the results of DOD's review and, together with the supplemental information, addressed many of the reporting items that are required by law. The reasons for not directly addressing four of the required items are varied and include: reporting on items separately; the changing operational environment; or difficulty in succinctly characterizing voluminous data resulting from the scenario analyses.
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  • Airborne Electronic Attack: Achieving Mission Objectives Depends on Overcoming Acquisition Challenges
    In U.S GAO News
    What GAO Found The Department of Defense’s (DOD) evolving strategy for meeting airborne electronic attack requirements centers on acquiring a family of systems, including traditional fixed wing aircraft, low observable aircraft, unmanned aerial systems, and related mission systems and weapons. DOD analyses dating back a decade have identified capability gaps and provided a basis for service investments, but budget realities and lessons learned from operations in Iraq and Afghanistan have driven changes in strategic direction and program content. Most notably, DOD canceled some acquisitions, after which the services revised their operating concepts for airborne electronic attack. These decisions saved money, allowing DOD to fund other priorities, but reduced the planned level of synergy among systems during operations. As acquisition plans have evolved, capability limitations and sustainment challenges facing existing systems have grown, prompting the department to invest in system improvements to mitigate shortfalls. DOD is investing in new airborne electronic attack systems to address its growing mission demands and to counter anticipated future threats. However, progress acquiring these new capabilities has been impeded by developmental and production challenges that have slowed fielding of planned systems. Some programs, such as the Navy’s EA-18G Growler and the Air Force’s modernized EC-130H Compass Call, are in stable production and have completed significant amounts of testing. Other key programs, like the Navy’s Advanced Anti-Radiation Guided Missile, have required additional time and funding to address technical challenges, yet continue to face execution risks. In addition, certain systems in development may offer capabilities that overlap with one another—a situation brought on in part by DOD’s fragmented urgent operational needs processes. Although services have shared technical data among these programs, they continue to pursue unique systems intended to counter similar threats. As military operations in Iraq and Afghanistan decrease, opportunities exist to consolidate current acquisition programs across services. However, this consolidation may be hampered by DOD’s acknowledged leadership deficiencies within its electronic warfare enterprise, including the lack of a designated, joint entity to coordinate activities. Furthermore, current and planned acquisitions will not fully address materiel-related capability gaps identified by DOD—including some that date back 10 years. Acquisition program shortfalls will exacerbate these gaps. To supplement its acquisition of new systems, DOD is undertaking other efforts to bridge existing airborne electronic attack capability gaps. In the near term, services are evolving tactics, techniques, and procedures for existing systems to enable them to take on additional mission tasks. These activities maximize the utility of existing systems and better position operators to complete missions with equipment currently available. Longer-term solutions, however, depend on DOD successfully capitalizing on its investments in science and technology. DOD has recently taken actions that begin to address long-standing coordination shortfalls in this area, including designating electronic warfare as a priority investment area and creating a steering council to link capability gaps to research initiatives. These steps do not preclude services from funding their own research priorities ahead of departmentwide priorities. DOD’s planned implementation roadmap for electronic warfare offers an opportunity to assess how closely component research investments are aligned with the departmentwide priority. Why GAO Did This Study Airborne electronic attack involves the use of aircraft to neutralize, destroy, or suppress enemy air defense and communications systems. Proliferation of sophisticated air defenses and advanced commercial electronic devices has contributed to the accelerated appearance of new weapons designed to counter U.S. airborne electronic attack capabilities. GAO was asked to assess (1) the Department of Defense’s (DOD) strategy for acquiring airborne electronic attack capabilities, (2) progress made in developing and fielding systems to meet airborne electronic attack mission requirements, and (3) additional actions taken to address capability gaps. To do this, GAO analyzed documents related to mission requirements, acquisition and budget needs, development plans, and performance, and interviewed DOD officials.
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    In Crime News
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  • Drug Pricing Program: HHS Uses Multiple Mechanisms to Help Ensure Compliance with 340B Requirements
    In U.S GAO News
    The 340B Drug Pricing Program (340B Program) requires drug manufacturers to sell outpatient drugs at a discount to covered entities—eligible hospitals and other entities participating in the program—in order for their drugs to be covered by Medicaid. Participation in the 340B Program has grown from nearly 9,700 covered entities in 2010 to 12,700 in 2020. The Department of Health and Human Services' (HHS) Health Resources and Services Administration (HRSA) administers the program and oversees covered entities' compliance with 340B Program requirements through annual audits, among other efforts. If audits identify noncompliance with program requirements, HRSA issues findings to covered entities and requires them to take corrective action to continue participating in the 340B Program (see table). Audit Findings Issued to Covered Entities by the Health Resources and Services Administration (HRSA) for Fiscal Years 2012-2019, as of September 2020 340B Program findings of noncompliance Number Eligibility of covered entities. Failure to maintain eligibility-related requirements (e.g., covered entities' oversight of their contract pharmacies). 561 Diversion of 340B drugs to ineligible patients. 340B drugs distributed to individuals who are not eligible patients of a covered entity (e.g., patients' health records are not maintained by the covered entity). 546 Duplicate discounts. Prescribed drugs that may have been subject to both the 340B price and a Medicaid rebate. 429 Total 1,536 Source: GAO analysis of information received from HRSA. | GAO-21-107 HRSA officials told GAO that, beginning in fall 2019, the agency started issuing findings only when audit information presents a clear and direct violation of the requirements outlined in the 340B Program statute. HRSA officials explained that guidance, which is used to interpret provisions of the 340B statute for the purposes of promoting program compliance among covered entities, does not provide the agency with appropriate enforcement capability. For example, HRSA officials reported that there were instances among fiscal year 2019 audits in which the agency did not issue findings for a failure to comply with guidance related to contract pharmacies in part because the 340B statute does not address contract pharmacy use and, therefore, there may not have been a clear statutory violation. In addition to audits, HRSA provides education to covered entities about 340B Program requirements and has implemented other efforts to identify noncompliance. For example, HRSA requires all covered entities to recertify their eligibility to participate in the 340B Program annually (e.g., self-attesting to compliance); and uses a self-disclosure process through which covered entities can disclose and correct self-identified instances of noncompliance. Covered entities can realize substantial savings through 340B Program price discounts, enabling them to stretch federal resources to reach more eligible patients and provide more comprehensive services. GAO was asked to provide information on HRSA's efforts to oversee covered entities' compliance with 340B Program requirements. This report describes (1) the audit findings that HRSA issued to address covered entity noncompliance with 340B Program requirements; and (2) other efforts HRSA uses to help ensure that covered entities comply with 340B Program requirements. GAO reviewed documentation, including relevant federal laws and regulations and HRSA's policies, procedures, and guidance, related to 340B Program oversight. GAO also reviewed HRSA data on the number and type of audit findings made from audits finalized during fiscal years 2012 through 2019 as of September 2020—the latest data available at the time of the audit. GAO also interviewed officials from HRSA, agency contractors, and 340B Program stakeholders. GAO provided a draft of this report to HHS for review. The agency provided written and technical comments on the draft, both of which were incorporated as appropriate. For more information, contact Debra A. Draper at (202) 512-7114 or draperd@gao.gov.
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    In Crime News
    Today, the Department of Justice filed a civil complaint against Jeffrey and Lauren Lowe, Greater Wynnewood Exotic Animal Park LLC, and Tiger King LLC, to address recurring inhumane treatment and improper handling of animals protected by the Endangered Species Act.
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