The Department of Justice Files Brief Defending the Constitutionality of Idaho’s Fairness in Women’s Sports Act

The Justice Department today filed a friend-of-the-court brief in the Ninth Circuit federal appeals court defending Idaho’s Fairness in Women’s Sports Act against a challenge under the U.S. Constitution’s Equal Protection Clause.  

“The Fourteenth Amendment to the U.S. Constitution provides that no State shall ‘deny to any person within its jurisdiction the equal protection of the laws.’ Idaho’s Fairness in Women’s Sports Act complies fully with the U.S. Constitution because it protects all persons equally,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “The Constitution does not require States to abandon their efforts to provide biological girls and women with equal opportunity to participate in and enjoy the life-long benefits that flow from interscholastic athletics. The Fairness in Women’s Sports Act protects equal athletic opportunities for girls and women and permits all persons fairly to participate in sports.” 

On Aug. 17, 2020, an Idaho federal district court preliminarily enjoined the Fairness Act, finding that Act discriminated against some transgender athletes. The injunction requires Idaho to allow biological males, who gender identify as female, to play in sports designated only for biological females.     

On appeal, the United States’ friend-of-the-court brief explains that the Fairness Act serves the important purpose of preserving equal athletic opportunities for women. The Constitution allows states like Idaho to separate sports by biological sex because females and males have innate physiological differences that directly affect athletics. Ignoring these biological differences in sports would result in females unfairly being displaced by males. The Equal Protection Clause allows Idaho to limit its female athletic teams to biological females to keep a level playing field and preserve women’s equal opportunity to participate in sports. Idaho does not need to abandon this important equality goal and provide the special treatment the district court ordered for some biological males who are allowed to compete against biological females if and only if the biological males are transgender. The Constitution does not require the resulting harm to female equality in athletics.

On March 30, 2020, Idaho enacted the Fairness in Women’s Sports Act Fairness Act, which went into effect in July 2020. Idaho’s Fairness Act contains two main provisions. First, covered athletic teams “shall be expressly designated as one (1) of the following based on biological sex: (a) Males, men, or boys; (b) Females, women, or girls; or (c) Coed or mixed.” Second, “[a]thletic teams or sports designated for females, women, or girls shall not be open to students of the male sex.” The Fairness Act does not contain a comparable limitation for biological females who wish to participate on a team designated for biological males.

In enacting the Fairness Act, Idaho determined that “[h]aving separate sex specific teams furthers efforts to promote sex equality. Sex-specific teams accomplish this by providing opportunities for female athletes to demonstrate their skill, strength, and athletic abilities while also providing them with opportunities to obtain recognition and accolades, college scholarships, and the numerous other long-term benefits that flow from success in athletic endeavors.” In support of this conclusion, the Fairness Act cites authority establishing that inherent physiological differences between men and women generally include a difference in “strength, speed, and endurance” that results in “different athletic capabilities,” which generally give men a significant advantage in head-to-head competition.  Id.

Hits: 3

News Network

  • U.S. Special Envoy to Monitor and Combat Anti-Semitism Elan S. Carr On Recent Progress In the Fight Against Anti-Semitism
    In Crime Control and Security News
    Elan S. Carr, Special [Read More…]
  • Secretary of State Antony J. Blinken to Participate in the 2021 High-Level Pledging Event for the Humanitarian Crisis in Yemen
    In Crime Control and Security News
    Office of the [Read More…]
  • Attacks on Civilians in Syria
    In Crime Control and Security News
    Ned Price, Department [Read More…]
  • Four Members of Los Angeles-Based Fraud Ring Indicted for COVID-Relief Fraud
    In Crime News
    Four individuals were charged in an indictment for their alleged participation in a scheme to submit at least 35 fraudulent loan applications seeking over $5.6 million in COVID-19 relief guaranteed by the Small Business Administration (SBA) through the Economic Injury Disaster Loan (EIDL) and the Paycheck Protection Program (PPP) under the Coronavirus Aid, Relief and Economic Security (CARES) Act.
    [Read More…]
  • Eastern Kentucky Doctor and Assistant Plead Guilty to Unlawfully Distributing Opioids
    In Crime News
    A Kentucky doctor and his former office assistant pleaded guilty on Aug. 7 for their roles in unlawfully distributing opioids and other controlled substances during a time when the defendants did not have a legitimate medical practice.
    [Read More…]
  • U.S.-Based Promoter of Foreign Cryptocurrency Companies Charged in over $11 Million Securities Fraud Scheme
    In Crime News
    A California man was charged in a complaint unsealed today for his alleged participation in a coordinated cryptocurrency and securities fraud scheme that used purported digital currency platforms and foreign-based financial accounts.
    [Read More…]
  • Briefing with Senior Administration Officials Previewing Deputy Secretary Sherman’s Upcoming Travel to the People’s Republic of China
    In Crime Control and Security News
    Office of the [Read More…]
  • Aircraft Noise: Information on a Potential Mandated Transition to Quieter Airplanes
    In U.S GAO News
    Based on Federal Aviation Administration (FAA) data and GAO estimates, most U.S. large commercial jet airplanes are certificated at the minimum required stage 3 noise standards, but nearly all of them are able to meet more stringent noise standards. Sixty-three percent of large commercial airplanes in the United States are certificated as meeting the stage 3 standards; however, 87 percent of them were manufactured with technologies that are able to meet more recent and stringent stage 4 or 5 standards as currently configured, according to FAA's 2017 analysis. By analyzing updated data from airlines and aviation manufacturers, GAO estimated that this proportion is even higher: 96 percent of large commercial airplanes are able to meet stage 4 or 5 standards (see figure). According to FAA officials and aviation stakeholders, the primary reason many large commercial airplanes certificated as stage 3 produce lower than stage 3 noise levels is because engine and airframe technology has outpaced the implementation of noise standards. More recently, some airlines have accelerated retirement of certain airplanes, some of which are certificated as stage 3, due to the decrease in travel amid the COVID-19 pandemic. For the generally smaller regional commercial jets (i.e., generally with less than 90 seats), 86 percent are able to meet stage 4 or stage 5 standards, according to manufacturers' data. With regard to general aviation (which are used for personal or corporate flights), 73 percent of the jet airplanes in that fleet are able to meet the more stringent stage 4 or 5 standards, according to manufacturers' data. GAO Estimate of The Number of Large Airplanes in the U.S. Commercial Fleet That Are Able to Meet Stage 3 or Stage 4 and 5 Noise Standards, January 2020 According to stakeholders GAO interviewed, a phase-out of jet airplanes that are certificated as meeting stage 3 standards would provide limited noise reduction and limited other benefits, and could be costly and present other challenges. A phase-out could require recertificating the vast majority of stage 3 airplanes to comply with stage 4 or 5 standards. This process could be costly for operators and manufacturers but would provide little reduction in noise. Further, airplanes currently unable to meet more stringent standards would require modifications or face retirement. For older airplanes that could not be recertificated to meet stage 4 or 5 standards, some operators could incur costs for replacement airplanes sooner than originally planned. Although stakeholders indicated that a phase-out would not substantially reduce noise, they identified other limited benefits newer airplanes generate, such as reduced greenhouse gas emissions and fuel consumption. Although advances in technology have led to quieter aircraft capable of meeting increasingly stringent noise standards, airport noise remains a concern. FAA regulates aircraft noise by ensuring compliance with relevant noise standards. In 1990, federal law required large jet airplanes to comply with stage 3 noise standards by 1999, leading to a phase-out of the noisiest airplanes (stage 1 and 2 airplanes). Later, federal law required smaller airplanes to comply with stage 3 standards by 2016. The FAA Reauthorization Act of 2018 included a provision for GAO to review a potential phase-out of stage 3 airplanes—the loudest aircraft currently operating in the United States. This report describes (1) the proportion of stage 3 airplanes in the U.S. fleet, and what proportion of these stage 3 airplanes are able to meet more stringent noise standards and (2) selected stakeholders' views on the potential benefits, costs, and challenges of phasing out stage 3 airplanes. GAO reviewed FAA's analysis of December 2017 fleet data, analyzed January 2020 fleet data from select airlines and airframe and engine manufacturers, and interviewed FAA officials. GAO also interviewed a non-generalizable sample of 35 stakeholders, including airlines; airframe and engine manufacturers; airports; and industry associations, selected based on fleet and noise data, stakeholder recommendations, or prior GAO knowledge. For more information, contact Heather Krause at (202) 512-2834 or krauseh@gao.gov.
    [Read More…]
  • Secretary Blinken’s Call with Japanese Foreign Minister Motegi
    In Crime Control and Security News
    Office of the [Read More…]
  • Secretary Blinken’s Call with Azerbaijani President Aliyev
    In Crime Control and Security News
    Office of the [Read More…]
  • Four men illegally crossing the Rio Grande indicted for claiming to be minors
    In Justice News
    A federal grand jury has [Read More…]
  • Uruguay Travel Advisory
    In Travel
    Reconsider travel to [Read More…]
  • Vivint Smart Home to Pay $20 Million for Violating the Fair Credit Reporting Act
    In Crime News
    The Department of Justice, together with the Federal Trade Commission (FTC), announced a $20 million settlement resolving alleged violations of the FTC Act and the Fair Credit Reporting Act (FCRA), including violations of the Red Flags Rule. The settlement includes $15 million in civil penalties, which represents the largest civil penalty ever paid to resolve FCRA violations under the FTC Act.
    [Read More…]
  • Under Secretary Hale’s Call with Moldovan President-Elect Sandu
    In Crime Control and Security News
    Office of the [Read More…]
  • Colorado Springs Agrees to Improve Stormwater Management in Settlement with the United States
    In Crime News
    The U.S. Department of Justice and the U.S. Environmental Protection Agency (EPA) today announced a settlement with the City of Colorado Springs, Colorado, to resolve violations of the Clean Water Act with respect to the City’s storm sewer system.
    [Read More…]
  • Justice Department Announces Results in Fight Against the Opioid Crisis Two Years after Launch of Operation S.O.S.
    In Crime News
    In July 2018, the Department of Justice announced the launch of Operation Synthetic Opioid Surge (S.O.S), a program aimed at reducing the supply of synthetic opioids in 10 high impact areas and identifying wholesale distribution networks and international and domestic suppliers.
    [Read More…]
  • Commercial Space Transportation: FAA Continues to Update Regulations and Faces Challenges to Overseeing an Evolving Industry
    In U.S GAO News
    What GAO Found The Federal Aviation Administration (FAA) recently updated and streamlined its launch and reentry licensing regulations but has made less progress on other key commercial space transportation regulations. The new licensing regulations, issued in December 2020, replaced prescriptive requirements—in which a certain technology or action was required—with a performance-based regulatory framework, which provides applicants flexibility in how they achieve required outcomes, such as a specific level of safety. Given its focus on the licensing regulations, FAA placed on hold revisions to other regulations governing commercial space transportation—revisions which, according to FAA officials, are warranted given the industry's evolution. For example, FAA has not yet begun to revise its financial responsibility regulations, which require launch companies conducting FAA-licensed launches to purchase insurance to cover damage to third parties in case of a launch mishap. According to FAA officials, revising these regulations is their next planned rulemaking and when finalized, will respond to GAO's recommendations to improve FAA's methodologies for evaluating and calculating potential third-party losses from launch and reentry mishaps and help ensure the federal government is not exposed to greater liability than expected. FAA also faces ongoing challenges regulating an evolving industry. In particular, as GAO previously reported, FAA continues to face the challenge of whether and when to regulate the safety of crew and spaceflight participants. While some companies have announced plans to take tourists to space within the next several years, FAA is prohibited by statute from regulating crew and passenger safety before 2023, except in response to events that caused or posed a risk of serious or fatal injury. However, FAA has taken some steps in anticipation of the expiration of the statutory moratorium, such as working with its industry advisory committee to develop and disseminate human spaceflight best practices. FAA also has taken some steps to help the agency keep pace with changes in the industry. For example, in response to recommendations GAO made in 2019, FAA recently assessed its workforce to identify skills and competencies that are needed among its workforce and is working to improve its workload projections to better account for the full range of its regulatory activities and the timeline of its licensing process. Such efforts are critical for ensuring FAA can better anticipate and respond to the growing and evolving commercial space industry and FAA's emerging workforce needs. Why GAO Did This Study The commercial space transportation industry provides launch services for government and private customers that carry objects, such as satellites and vehicles with scientific research, or passengers to or from space. Continued growth and evolution in the industry is expected as reliance on space-based applications increases. Within FAA, the Office of Commercial Space Transportation (AST) is charged both with overseeing the industry, including licensing and monitoring launch vehicle operations, and promoting the industry. This statement describes FAA's efforts to update regulations governing commercial space transportation; challenges FAA faces regulating an evolving industry; and steps FAA has taken to help ensure it is positioned to meet the needs of the evolving industry. This statement is based largely on GAO's body of work on commercial space transportation, including GAO-19-437 issued in May 2019. To update this information, GAO interviewed FAA officials and reviewed applicable statutes, regulations and selected industry documents.
    [Read More…]
  • Republic of the Congo Travel Advisory
    In Travel
    Reconsider travel to the [Read More…]
  • Defense Health Care: Actions Needed to Define and Sustain Wartime Medical Skills for Enlisted Personnel
    In U.S GAO News
    What GAO Found The military departments have not fully defined, tracked, and assessed wartime medical skills for enlisted medical personnel. The departments have defined these skills for 73 of 77 occupations. However, among other issues, the Army and the Air Force have not defined skills for numerous highly-skilled subspecialties that require additional training and expertise, such as Army Critical Care Flight Paramedics. Subspecialty personnel are key to supporting lifesaving medical care during deployed operations. The Army does not consistently track wartime medical skills training for enlisted medical personnel in its official system. The military departments are not able to fully assess the preparedness of enlisted medical personnel because, according to officials, they have not developed performance goals and targets for skills training completion. As a result, the military departments lack reasonable assurance that all enlisted medical personnel are ready to perform during deployed operations. The Department of Defense (DOD) has not fully developed plans and processes to sustain the wartime medical skills of enlisted medical personnel. While the Defense Health Agency (DHA) has initiated planning efforts to assess how the military departments' three primary training approaches sustain readiness (see figure), these efforts will not fully capture needed information. For example, DHA's planned metrics to assess the role of military hospitals and civilian partnerships in sustaining readiness would apply to a limited number of enlisted occupations. As a result, DHA is unable to fully assess how each training approach sustains readiness and determine current and future training investments. Approaches to Train Enlisted Medical Personnel's Wartime Medical Skills DOD officials have identified challenges associated with implementing its training approaches. For example, DOD relies on civilian partnerships to sustain enlisted medical personnel's skills, but DOD officials stated that licensing requirements and other issues present challenges to establishing and operationalizing civilian partnerships. DOD has not analyzed or responded to such risks, and may therefore be limited in its ability to sustain wartime medical skills. Why GAO Did This Study DOD has over 73,000 active-duty enlisted medical personnel who must be ready to provide life-saving care to injured and ill servicemembers during deployed operations, using their wartime medical skills. Senate Report 116-48 accompanying a bill for the National Defense Authorization Act for Fiscal Year 2020 included a provision for GAO to review DOD's efforts to maintain enlisted personnel's wartime medical skills. This report examines, among other objectives, the extent to which (1) the military departments have defined, tracked, and assessed enlisted personnel's wartime medical skills, and (2) DOD has developed plans and processes to sustain these skills and assessed risks associated with their implementation. GAO analyzed wartime medical skills checklists and guidance; reviewed plans for skills sustainment; and interviewed officials from DOD and military department medical commands and agencies, and nine inpatient military medical treatment facilities.
    [Read More…]
  • Rewards for Justice – Reward Offer for Information on Foreign Malicious Cyber Activity Against U.S. Critical Infrastructure
    In Crime Control and Security News
    Office of the [Read More…]
  • Secretary Antony J. Blinken at a Virtual Town Hall with U.S. Mission Nigeria and U.S. Embassy Nairobi Employees and Family Members
    In Crime Control and Security News
    Antony J. Blinken, [Read More…]
  • Chief Standing Bear: A Hero of Native American Civil Rights
    In U.S Courts
    A new Moments in History video, in recognition of Native American Heritage Month, recounts how Chief Standing Bear persuaded a federal judge in 1879 to recognize Native Americans as persons with the right to sue for their freedom, establishing him as one of the nation’s earliest civil rights heroes.
    [Read More…]
  • Request for Statements of Interest: DRL FY20 Iraq Programs
    In Human Health, Resources and Services
    Bureau of Democracy, [Read More…]
  • Air Pollution: Opportunities to Better Sustain and Modernize the National Air Quality Monitoring System
    In U.S GAO News
    The ambient air quality monitoring system is a national asset that provides standardized information for implementing the Clean Air Act and protecting public health. The Environmental Protection Agency (EPA) and state and local agencies cooperatively manage the system, with each playing different roles in design, operation, oversight, and funding. For example, EPA establishes minimum requirements for the system, and state and local agencies operate the monitors and report data to EPA. Officials from EPA and selected state and local agencies identified challenges related to sustaining the monitoring system. For example, they said that infrastructure is aging while annual EPA funding for state and local air quality management grants, which cover monitoring, has decreased by about 20 percent since 2004 after adjusting for inflation (see fig.). GAO found inconsistencies in how EPA regions have addressed these challenges. GAO's prior work has identified key characteristics of asset management, such as identifying needed resources and using quality data to manage infrastructure risks, which can help organizations optimize limited resources. By developing an asset management framework that includes such characteristics, EPA could better target limited resources toward the highest priorities for consistently sustaining the system. Annual Inflation-Adjusted EPA Funding for State and Local Air Quality Management Grants Air quality managers, researchers, and the public need additional information so they can better understand and address the health risks from air pollution, according to GAO's review of literature and interviews GAO conducted. These needs include additional information on (1) air toxics to understand health risks in key locations such as near industrial facilities; and (2) how to use low-cost sensors to provide real-time, local-scale air quality information. EPA and state and local agencies face persistent challenges meeting such air quality information needs, including challenges in understanding the performance of low-cost sensors. GAO illustrated this challenge by collecting air quality data from low-cost sensors and finding variability in their performance. EPA has strategies aimed at better meeting the additional air quality information needs of managers, researchers, and the public, but the strategies are outdated and incomplete. For example, they do not clearly define roles for meeting additional information needs. GAO's prior work on asset management suggests that a more strategic approach could help EPA modernize the system to better meet the additional information needs. By developing a modernization plan that aligns with leading practices for strategic planning and risk management, such as establishing modernization goals and roles, EPA could better ensure that the system meets the additional information needs of air quality managers, researchers, and the public and is positioned to protect public health. The national ambient air quality monitoring system shows that the United States has made progress in reducing air pollution but that risks to public health and the environment continue in certain locations. The system consists of sites that measure air pollution levels around fixed locations across the country using specific methods. Since the system began in the 1970s, air quality concerns have changed—such as increased concern about the health effects of air toxics. GAO was asked to evaluate the national air quality monitoring system. This report examines the role of the system and how it is managed, challenges in managing the system and actions to address them, and needs for additional air quality information and actions to address challenges in meeting those needs. GAO reviewed literature, laws, and agency documents; conducted a demonstration of low-cost sensors; and interviewed EPA officials, selected state and local officials, representatives from air quality associations, and stakeholders. GAO is making two recommendations for EPA to (1) establish an asset management framework for the monitoring system that includes key characteristics and (2) develop an air quality monitoring modernization plan that aligns with leading practices. In written comments on the report, EPA generally agreed with the recommendations. For more information, contact J. Alfredo Gómez at (202) 512-3841 or gomezj@gao.gov.
    [Read More…]
  • Federal Court Restrains Toledo Pharmacy and Two Pharmacists From Dispensing Opioids or Other Controlled Substances
    In Crime News
    More from: January 15, [Read More…]
  • Public Designation, Due to Involvement in Significant Corruption, of Former Guatemalan Minister Alejandro Sinibaldi
    In Crime Control and Security News
    Michael R. Pompeo, [Read More…]
  • Rule of Law Assistance: Agency Efforts Are Guided by Various Strategies, and Overseas Missions Should Ensure that Programming Is Fully Coordinated
    In U.S GAO News
    What GAO Found The Department of State (State) and the U.S. Agency for International Development (USAID) allocated more than $2.7 billion for rule of law assistance from fiscal years 2014 through 2018—the latest available data as of GAO's review. Of that, State allocated over $2 billion and USAID allocated over $700 million. State and USAID funded some of these programs through the Department of Justice (DOJ). Rule of law assistance funded a variety of activities including improving justice institutions, legal reform, and promoting a culture of lawfulness. The agencies implemented these programs globally but allocated most funds to the Western Hemisphere and Afghanistan. Global Distribution of Bilateral Rule of Law Assistance Allocations, Fiscal Years 2014–2018 After Congress appropriates funding, agencies determine rule of law allocations through the foreign assistance budget process. State and USAID identify rule of law as a goal in agency-wide strategic documents and hold an annual interagency roundtable regarding rule of law assistance to determine those allocations. Rule of law assistance is guided by national and agency-, bureau-, and mission-specific strategies that are linked to the national security goals of the United States. These strategies discuss the agencies' roles and responsibilities in improving the rule of law. State and USAID guidance highlights the importance of coordination between agencies as they design and implement rule of law assistance, but not all agencies are included in some of the key coordination mechanisms used in four countries GAO selected for review. Agency officials in the selected countries cited the use of some informal and formal coordination practices, such as the use of law enforcement working groups, but State policy does not require all entities that may be involved in rule of law assistance to participate in these working groups. For example, in three of the four selected countries, officials described coordinating rule of law assistance, in part, through these working groups, which may not include critical agencies such as USAID. According to State policy, these working groups are designed to achieve other goals using agencies and offices that are not involved in providing rule of law assistance. Without verifying that interagency coordination includes all relevant entities, missions may not know whether they are fully leveraging interagency resources or ensuring that they do not duplicate or overlap rule of law assistance. Why GAO Did This Study Rule of law strengthens protection of fundamental rights, ensures a robust civil society, and serves as a foundation for democratic governance and economic growth. According to State, countries with a strong rule of law provide a more level playing field for American businesses to engage and compete, and countries with a weak rule of law can potentially export transnational threats and economic insecurity, undermining the interests of the United States. GAO was asked to review U.S. rule of law assistance around the world. This report examines (1) how State and USAID allocated funds for this assistance in fiscal years 2014 through 2018, (2) how agencies strategically plan and allocate this assistance globally, and (3) what processes agencies have to design, implement, and coordinate this assistance in selected countries. GAO reviewed State, USAID, and DOJ documents and data for fiscal years 2014 through 2018 and interviewed officials in Colombia, Kosovo, Liberia, the Philippines, and Washington, D.C. GAO chose these countries on the basis of funding amounts and other factors.
    [Read More…]
  • Veterans’ Growing Demand for Mental Health Services
    In U.S GAO News
    What GAO Found This capsule examines how VA plans to meet the need for mental health care among veterans. In this capsule, GAO cites policy considerations and reiterates recommendations to the Department of Veterans Affairs. 
    [Read More…]
  • USDA Market Facilitation Program: Information on Payments for 2019
    In U.S GAO News
    The U.S. Department of Agriculture's (USDA) Farm Service Agency (FSA) distributed about $14.4 billion in 2019 Market Facilitation Program (MFP) payments to farming operations in all 50 states and Puerto Rico. According to USDA, these payments were intended to offset the effects of trade disruptions and tariffs targeting a variety of U.S. agricultural products. FSA distributed these payments to 643,965 farming operations. The average MFP payment per farming operation for 2019 was $22,312 but varied by county, ranging from $44 to $295,299. MFP payments for 2019 also varied by type of commodity. Three types of commodities were eligible for 2019 MFP payments: (1) nonspecialty crops (including grains and oilseeds, such as corn and soybeans); (2) specialty crops (including nuts and fruits, such as pecans and cranberries); and (3) dairy and hogs. Most of the 2019 MFP payments went to farming operations that produced nonspecialty crops. Less than 10 percent went to farming operations that produced specialty crops or dairy and hogs. USDA made approximately $519 million in additional MFP payments for 2019 compared with 2018 because of increases in payment limits—the cap on payments that members of farming operations can receive. FSA distributed these additional MFP payments to about 10,000 farming operations across 39 states. The amount of additional MFP payments that FSA distributed for 2019 varied by location. Farming operations in five states—Texas, Illinois, Iowa, Missouri, and Minnesota—received almost half of all additional payments. In May 2019, USDA announced it would distribute up to $14.5 billion in direct payments to farming operations that were affected by trade disruptions, following the approximately $8.6 billion USDA announced it had distributed for 2018. USDA referred to these 2018 and 2019 payments as the MFP. In comparison with 2018, USDA changed the 2019 payment structure for the three types of commodities that were eligible for payments. For example, USDA increased the payment limit for each of these three types. GAO was asked to review the distribution of MFP payments for 2019. This report examines, among other things, MFP payments for 2019 and how they varied by location, farming operation, and type of commodity, as well as additional MFP payments for 2019 compared with 2018 that resulted from increased payment limits. To accomplish these objectives, GAO analyzed data from USDA and interviewed agency officials knowledgeable about the data. For more information, contact Steve Morris at (202) 512-3841 or morriss@gao.gov.
    [Read More…]
  • Justice Department Files Lawsuit Against Tampa, Florida, Towing Company for Unlawfully Selling Car Belonging to Deployed Servicemember
    In Crime News
    The Justice Department today filed a lawsuit in the Middle District of Florida alleging that Target Recovery Towing Inc. and Target Recovery & Transport Inc. (together “Target”) violated the Servicemembers Civil Relief Act (SCRA), by failing to obtain a court order before auctioning off a car belonging to a U.s. Marine Corps Sergeant who was deployed overseas.  
    [Read More…]
  • President of Commercial Flooring Company Pleads Guilty to Rigging Bids in Violation of Federal Antitrust Laws
    In Crime News
    Delmar E. Church Jr., the president and one of the principal owners of a Chicago-area commercial flooring company, pleaded guilty for his role in a conspiracy to rig bids and fix prices for commercial flooring services and products sold in the United States, the Department of Justice announced. The defendant is cooperating with the department’s ongoing investigation.
    [Read More…]
  • On the Occasion of His Holiness the Dalai Lama’s 86th Birthday
    In Crime Control and Security News
    Antony J. Blinken, [Read More…]
  • Medicare Advantage Provider to Pay $6.3 Million to Settle False Claims Act Allegations
    In Crime News
    Kaiser Foundation Health Plan of Washington, formerly known as Group Health Cooperative (GHC), agreed to pay $6,375,000 to resolve allegations that it submitted invalid diagnoses to Medicare for Medicare Advantage beneficiaries and received inflated payments from Medicare as a result, the Justice Department announced today.  Kaiser Foundation Health Plan is headquartered in Oakland, California.    
    [Read More…]
  • Missile Defense: Assessment of Testing Approach Needed as Delays and Changes Persist
    In U.S GAO News
    In fiscal year 2019, the Missile Defense Agency (MDA) delivered many of the Ballistic Missile Defense System (BMDS) assets it planned and conducted key flight tests, but did not meet all of its goals for the year. For example, MDA successfully delivered interceptors for use by warfighters and conducted a salvo test (which involves launching two interceptors at an incoming target) for the Ground-based Midcourse Defense program. However, MDA did not meet all of its goals for delivering assets or testing. For example, MDA completed only two of seven planned flight tests, plus eight additional flight tests that were later added for fiscal year 2019. MDA did not fully execute its fiscal year 2019 flight testing, continuing a decade-long trend in which MDA has been unable to achieve its fiscal year flight testing as scheduled. Although MDA revised its approach to developing its annual test plan in 2009 to ensure the test plan was executable, over the past decade MDA has only been able to conduct 37 percent of its baseline fiscal year testing as originally planned due to various reasons including developmental delays, range and target availability, or changing test objectives. In addition, MDA has not conducted an assessment to determine whether its current process for developing and executing its annual test plan could be improved to help ensure its executability. Without an independent assessment, MDA will continue down the same path, increasing the risk of the same outcomes from the past decade—less testing than originally planned, resulting in less data to demonstrate and validate capabilities. Missile Defense Agency (MDA) Cumulative Flight Test Planning, Fiscal Years 2010-2019 Note: This graphic is a compilation of each individual fiscal year's flight test schedule. As such, if a flight test was planned for a particular fiscal year but then delayed to a later fiscal year, it would be counted both times. MDA is currently at a pivotal crossroads, needing to balance its ability to pursue new and advanced efforts while also maintaining its existing portfolio of BMDS elements that have not transferred to the military services as originally planned. The new and advanced efforts, such as the Next Generation Interceptor—a new interceptor for homeland defense—are research and development-intensive tasks, which carry significant technical risks and financial commitments. As MDA takes on these new efforts, it is increasingly important that the agency establish and maintain a sound and disciplined acquisition approach for these efforts to be successful and within anticipated costs and timeframes. For over half a century, the Department of Defense (DOD) has funded efforts to defend the United States from ballistic missile attacks. From 2002 through 2018, MDA has received about $152 billion to develop the BMDS and requested about $47 billion from fiscal year 2019 through fiscal year 2023. The BMDS consists of diverse and highly complex land-, sea-, and space-based systems and assets located across the globe. Congress included a provision in statute that GAO annually assess and report on MDA's progress. This, our 17th annual review, addresses for fiscal year 2019 (1) the progress MDA made in achieving delivery and testing goals; (2) the extent to which MDA's annual test plan is executable; and (3) broad challenges that could impact MDA's portfolio. GAO reviewed the planned fiscal year 2019 baselines, along with test plans since 2010, and other program documentation and assessed them against program and baseline reviews. GAO also interviewed officials from MDA and DOD agencies, including the office of the Director, Operational Test and Evaluation, Undersecretary of Defense for Research and Engineering, and the BMDS Operational Test Agency. GAO recommends that MDA ensure an independent assessment is conducted of its process for developing and executing its annual BMDS flight test plan. DOD concurred with the recommendation. For more information, contact William Russell at (202) 512-4841 or Russellw@gao.gov.
    [Read More…]
  • The United States Announces New Humanitarian Aid for the People of Somalia
    In Crime Control and Security News
    Ned Price, Department [Read More…]
  • Counselor Brechbuhl’s Travel to Mexico, Panama, and Uruguay
    In Crime Control and Security News
    Office of the [Read More…]
  • Justice Department Reaches Agreement with the City of Killeen, Texas to Improve Access for Individuals with Disabilities
    In Crime News
    The Justice Department announced a settlement with the City of Killeen, Texas, to provide equal access in its programs, services, facilities and activities to individuals with disabilities, including veterans.
    [Read More…]
  • Justice Department Announces Closing of Investigation into 2014 Officer Involved Shooting in Cleveland, Ohio
    In Crime News
    The Justice Department announced today that the career prosecutors reviewing the independent federal investigation into the fatal shooting of Tamir Rice on Nov. 22, 2014, in Cleveland, Ohio, found insufficient evidence to support federal criminal charges against Cleveland Division of Police (CDP) Officers Timothy Loehmann and Frank Garmback.  Yesterday the department notified counsel for Mr. Rice’s family of the decision and today sent a letter to Mr. Rice’s family explaining the findings of the investigation and reasons for the decision.
    [Read More…]
  • Holding the Lukashenka Regime and its Enablers to Account
    In Crime Control and Security News
    Antony J. Blinken, [Read More…]
  • Owner of Texas Chain of Hospice Companies Sentenced for $150 Million Health Care Fraud and Money Laundering Scheme
    In Crime News
    A corporate executive has been ordered to serve 20 years in prison after his conviction related to falsely telling thousands of patients with long-term incurable diseases, such as Alzheimers and dementia, they had less than six months to live and subsequently enrolling them in hospice programs.
    [Read More…]
  • Michigan Man Charged with Hate Crimes for Attacking African-American Teenager
    In Crime News
    The Justice Department announced today that Lee Mouat, 42, has been charged by criminal complaint in federal district court with violating 18 U.S.C. § 249 by willfully causing bodily injury to an African-American teenager because of the teenager’s race.
    [Read More…]
  • Secretary Michael R. Pompeo With Alex Marlow of Breitbart News Radio on SiriusXM Patriot
    In Crime Control and Security News
    Michael R. Pompeo, [Read More…]
  • Texas Woman Indicted for Transporting Minor for Female Genital Mutilation
    In Crime News
    A Texas woman has been indicted for transporting a minor from the United States to a foreign country for the purpose of female genital mutilation (FGM).
    [Read More…]
  • U.S.-Greenland Technical Engagement on Mining Sector Education and Training
    In Crime Control and Security News
    Office of the [Read More…]
  • Secretary Blinken’s Call with Ecuadorian President-Elect Lasso
    In Crime Control and Security News
    Office of the [Read More…]
  • Justice Department Releases Information on Election Day Efforts to Protect the Right to Vote and Prosecute Ballot Fraud
    In Crime News
    Continuing a longstanding Justice Department tradition, Attorney General William P. Barr today issued the following statement: “Americans have the opportunity once again to help shape the future of this nation by exercising their right to vote.  It is a right that forms the foundation of our democratic system of government, and is precious to all Americans.  The Department of Justice will work tirelessly alongside other federal, State, and local agencies to protect and vindicate that right as it is administered by State and local jurisdictions across the nation.”
    [Read More…]
  • Nuclear Weapons: NNSA Plans to Modernize Critical Depleted Uranium Capabilities and Improve Program Management
    In U.S GAO News
    The Department of Energy's (DOE) National Nuclear Security Administration (NNSA) is taking steps to establish a new supply of high-purity depleted uranium (DU) to modernize the nuclear weapons stockpile. DU for fabrication of weapons components must be in high-purity metal form. Producing DU metal generally involves first converting a byproduct of uranium enrichment, known as “tails,” into a salt “feedstock,” which is then converted into metal. (See figure.) To reestablish a supply of feedstock, NNSA plans to install conversion equipment in an existing facility at DOE's Portsmouth site in Ohio. DOE initially estimated costs of $12 million to $18 million to design and install the equipment, with operations beginning in fiscal year 2022. However, in March 2020, NNSA requested an increase in conversion capacity, and an updated proposal in July 2020 estimated costs of $38 million to $48 million and a slight delay to the start of operations. NNSA plans to convert the feedstock into DU metal using a commercial vendor at a cost of about $27 million annually. Conversion of a Byproduct of Uranium Enrichment into Metal NNSA is also taking steps to reestablish and modernize DU component manufacturing capabilities, but it risks delays that could affect the timelines of nuclear stockpile modernization programs, according to officials. NNSA has reestablished processes for manufacturing some DU components but not for components made with a DU-niobium alloy, a material for which NNSA has no alternative. Thus, restarting the alloying process—a complicated, resource-intensive process that has not been done in over a decade—is NNSA's top priority for DU and presents a very high risk to timely supply of components for certain nuclear stockpile modernization programs, according to NNSA documents and officials. NNSA is also developing more efficient manufacturing technologies, in part because the current alloyed component process wastes a very high percentage of the materials and NNSA cannot recycle the waste. For its DU activities, NNSA has requested an increase in funding from about $61 million in fiscal year 2020 to about $131 million in fiscal year 2021. Until recently, NNSA had not managed DU activities as a coherent program in a manner fully consistent with NNSA program management policies. Since October 2019, however, NNSA has taken actions to improve program management. For example, NNSA has consolidated management and funding sources for DU activities under a new office and DU Modernization program with the goal of better coordinating across the nuclear security enterprise. Further, NNSA appointed two dedicated Federal Program Managers to gather and organize information for required program management and planning documents. High-purity DU is an important strategic material for ongoing and planned modernizations of the nation's nuclear weapons stockpile. However, according to NNSA estimates, NNSA has a very limited supply of DU feedstock, and its current supply of DU metal will be exhausted in the late 2020s. NNSA also does not have the full range of capabilities needed to manufacture DU into weapon components needed for modernizing the stockpile. GAO has previously reported that NNSA has experienced challenges in restarting some technical manufacturing processes. A Senate committee report accompanying a bill for the National Defense Authorization Act for Fiscal Year 2017 included a provision for GAO to examine NNSA's management of DU for nuclear stockpile modernization. GAO's report examines (1) the status of NNSA's efforts to obtain the necessary quantities of DU to meet stockpile modernization requirements; (2) the status of NNSA efforts to develop DU component manufacturing capabilities to meet stockpile modernization requirements; and (3) the extent to which NNSA is managing DU activities as a program, consistent with agency policy. GAO reviewed relevant agency documents; interviewed NNSA officials and contractor representatives; and conducted site visits at headquarters and at research, development, and production locations. For more information, contact Allison Bawden at (202) 512-3841 or bawdena@gao.gov.
    [Read More…]
  • Major International Automotive-Parts Suppliers Restructure Deal to Resolve Antitrust Concerns
    In Crime News
    Auto parts supplier Tupy agreed to restructure its acquisition of Teksid after the Department of Justice raised concerns that the merger would result in higher prices and reduced quality and timeliness of production for crucial components used in heavy-duty engines. As initially proposed, the deal would have combined the two most significant suppliers of engine blocks and cylinder heads for heavy-duty engines to customers in North America. These components are key inputs for engines used in large trucks, construction and agricultural equipment, as well as numerous other vehicles. 
    [Read More…]
  • Priority Open Recommendations: U.S. Agency for International Development
    In U.S GAO News
    What GAO Found In April 2020, GAO identified three priority recommendations for the U.S. Agency for International Development (USAID). Since then, USAID has implemented all three of those recommendations by taking actions to improve management and oversight of international food assistance projects, project performance data collection, and reform efforts. In May 2021, GAO identified three additional priority recommendations for USAID, bringing the total number to three. These recommendations involve the following areas: Complying with Equal Employment Opportunity requirements Improving financial information USAID's continued attention to these issues could lead to significant improvements in government operations. Why GAO Did This Study Priority open recommendations are the GAO recommendations that warrant priority attention from heads of key departments or agencies because their implementation could save large amounts of money; improve congressional and/or executive branch decision-making on major issues; eliminate mismanagement, fraud, and abuse; or ensure that programs comply with laws and funds are legally spent, among other benefits. Since 2015 GAO has sent letters to selected agencies to highlight the importance of implementing such recommendations. For more information, contact Thomas Melito at (202) 512-9601 or melitot@gao.gov.
    [Read More…]
  • COVID-19 Contracting: Contractor Paid Leave Reimbursements Could Provide Lessons Learned for Future Emergency Responses
    In U.S GAO News
    What GAO Found To help government contractors keep their workforce in a ready state during the COVID-19 pandemic, section 3610 of the CARES Act generally authorized government agencies to reimburse contractors for paid leave provided to contractor personnel and subcontractors during the national emergency. Section 3610 did not appropriate specific funding for this purpose. The four agencies GAO reviewed—the Departments of Defense, Energy, and Homeland Security, and NASA—reported use of section 3610 authority totaling at least $882.8 million over 14 months. The extent to which the agencies used the authority varied, from $1.4 million at Homeland Security to $760.7 million at Energy. Further, Defense officials estimated that defense contractors have more than $4 billion in paid leave costs that are potentially eligible for reimbursement under section 3610. Defense officials also noted, however, that the department does not plan to reimburse this full amount using existing funding. Agencies also based their reimbursement decisions on the nature of the work performed by contractors, such as whether telework was an option. Twelve out of the 15 contractors GAO interviewed reported that paid leave reimbursement had a great or moderate effect on their ability to retain employees (see figure), in particular those with specialized skills or clearances. Selected Contractors' Views on the Effect of Paid Leave Reimbursement on Workforce Retention Given the urgency of the pandemic, agencies prioritized quick implementation of section 3610 over a more deliberative process, resulting in variations such as how agencies tracked use of the authority. Officials from all four agencies said that they either have captured or intend to capture lessons learned from implementing section 3610 and are willing to share these with other federal agencies. However, the Office of Management and Budget (OMB)—which coordinates government-wide contracting policy—has not collected and shared lessons learned. With coordination from OMB's Office of Federal Procurement Policy, the government could seize an opportunity to enhance implementation of paid leave reimbursement provisions that may be enacted as part of rapid federal responses to future emergencies. Why GAO Did This Study In March 2020, Congress passed the CARES Act, which provides over $2 trillion in emergency assistance for those affected by COVID-19. Section 3610 of the CARES Act enables agencies, at their discretion, to reimburse contractors for paid leave provided to their employees and subcontractors who are unable to access work sites due to facility closures or other restrictions, and whose duties cannot be performed remotely during the pandemic. The CARES Act also includes a provision for GAO to review federal contracting pursuant to authorities provided in the Act. In September 2020, GAO found that agencies had not made much use of section 3610 authority as of July 2020, and expectations of future use varied. This report (1) examines how selected federal agencies have used section 3610 authority and (2) presents selected contractors' perspectives on COVID-19 paid leave reimbursement. GAO reviewed guidance and data and interviewed cognizant officials from four agencies with contract obligations greater than $10 billion in fiscal year 2019. GAO also selected a non-generalizable sample of 15 contractors that received or requested section 3610 reimbursements from one or more of the selected agencies and conducted semi-structured interviews of contractor representatives.
    [Read More…]
  • Republic of the Marshall Islands Constitution Day
    In Crime Control and Security News
    Antony J. Blinken, [Read More…]
  • The United States and Turkmenistan Hold Annual Bilateral Consultations
    In Crime Control and Security News
    Office of the [Read More…]
  • Benin Travel Advisory
    In Travel
    Reconsider travel to [Read More…]
  • Suburban Chicago Man Sentenced to 12 Years in Federal Prison for Conspiring to Provide Material Support to ISIS
    In Crime News
    An Illinois man was sentenced today to 12 years in prison for conspiring to provide material support to the Islamic State of Iraq and al Sham, a foreign terrorist organization (aka ISIS).
    [Read More…]
  • Dow Chemical Company and Two Subsidiaries will Reduce Harmful Air Pollution at Four U.S. Chemical Plants
    In Crime News
    The Department of Justice, the U.S. Environmental Protection Agency (EPA), and the Louisiana Department of Environmental Quality (LDEQ) announced a settlement with Dow Chemical Company and two subsidiaries, Performance Materials NA Inc. and Union Carbide Corporation, that will eliminate thousands of tons of air pollution from four of Dow’s petrochemical manufacturing facilities in Texas and Louisiana.
    [Read More…]
  • Iranian National Pleads Guilty to Violating U.S. Sanctions Against Iran
    In Crime News
    More from: July 22, 2021 [Read More…]
  • Solomon Islands’ National Day
    In Crime Control and Security News
    Antony J. Blinken, [Read More…]
  • Georgia Correctional Officer Pleads Guilty to Civil Rights Offense for Assaulting Inmate
    In Crime News
    Brian Ford, 23, a correctional officer at the Valdosta State Prison (VSP) in Valdosta, Georgia, pleaded guilty today to one count of using excessive force against an inmate housed at the facility.
    [Read More…]
  • Defense Management: Opportunities Exist to Improve DOD’s Reform Efforts
    In U.S GAO News
    What GAO Found The Department of Defense (DOD) has long sought to reform its enterprise business operations—such as its processes to manage contracts, finances, and supply chain— but faces challenges in improving department-wide management. DOD has taken some actions to improve its business operations data, but remains limited by the lack of reliable cost data, affecting its ability to monitor and inform its reform efforts. Having reliable data to identify baseline costs of the department's business and management functions and to measure progress has been a key challenge facing DOD, but one the department is trying to address. As GAO reported in November 2020, DOD has made progress in setting baseline costs of certain activities, such as logistics and real estate management. Further, DOD has ongoing efforts to develop baselines for all of the department's enterprise business operations that should enable it to better monitor reform progress. However, DOD needs better data about how it performs its business functions. For example, in September 2018, GAO reported that DOD's efforts to reduce inefficiencies in human resources services were hampered by inconsistent performance data across the six organizations that provide these services. DOD has ongoing efforts to address GAO's recommendations. DOD still needs clear roles, responsibilities, authorities and dedicated resources to support reform. GAO has found that demonstrating sustained leadership commitment—including through ensuring that those responsible for leading change have clearly defined and documented roles, responsibilities, and authorities—is imperative for successful business transformation. GAO has assessed many of DOD's organizational structures over the decades, including the recently eliminated Chief Management Officer (CMO) position. GAO found that, while Congress had given the CMO both significant responsibilities and authorities, DOD had not resolved unanswered questions about how those authorities would be carried out, nor communicated the CMO's roles and responsibilities department-wide. GAO also identified instances where CMO reforms were hampered by a lack of resources. As DOD moves to an organization without the CMO position, which was eliminated in 2021, clarifying the roles and responsibilities of those tasked with managing business reform remains important. DOD could also improve its efforts to reliably demonstrate progress toward meaningful reform. DOD has reported achievements from some of its department-wide efforts, such as its reported $37 billion in savings from fiscal years 2017 to 2021. However, GAO reported in November 2020 that while DOD's reported savings were largely reflected in its budget materials, the underlying analyses were not always well documented and the savings were not always consistent with the department's definitions of reform. For example, one reform initiative was based on delaying military construction projects that, according to DOD officials, allowed DOD to fund higher priorities. If a delayed project is still planned, however, the costs will likely be realized in a future year and are not a reflection of business process reform. DOD concurred with GAO's recommendations to establish a process to standardize development and documentation of such cost savings, and ensure that reported savings are consistent with the department's definitions of reform. Why GAO Did This Study DOD spends billions of dollars each year to maintain key business operations and defense-wide agencies and programs intended to support the warfighter, including systems and processes related to the management of contracts, finances, the supply chain, support infrastructure, and weapon systems acquisition. The department's approach to transforming these business operations is linked to its ability to perform its overall mission, directly affecting the readiness and capabilities of U.S. military forces. This testimony summarizes GAO's past work related to DOD's efforts to improve the management of its business operations. Specifically, this testimony discusses DOD's efforts to (1) improve data and baselines to monitor and inform reform efforts; (2) establish clear roles, responsibilities, and authorities for leading reform efforts, and dedicate resources to these efforts; and (3) reliably demonstrate progress in its reform efforts. This statement is based on GAO's body of work issued from 2017 through 2020 on DOD management and business reform issues.
    [Read More…]
  • Kuwait Travel Advisory
    In Travel
    Reconsider travel to [Read More…]