Department of Justice Issues Statement Announcing Decision to Appeal Terkel v. CDC

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  • Federal Prison Industries: Actions Needed to Evaluate Program Effectiveness
    In U.S GAO News
    The First Step Act of 2018 made new, nonfederal markets and potential buyers available to Federal Prison Industries (FPI), a government corporation organized within the Bureau of Prisons (BOP); however, various challenges could limit FPI's ability to sell to customers in these markets. FPI makes apparel, personal protective equipment, and furniture, among other products. FPI may now sell to the District of Columbia government, including, for example, to its firefighters; nonfederal, governmental entities for use in correctional settings or in response to a disaster or emergency, such as local jails and first responders; and nonprofit organizations, such as universities. However, a lack of information makes it difficult to estimate the dollar value of these new markets. The following figure depicts the new markets made available to FPI. New Markets for Federal Prison Industries' Products under the First Step Act Data on the size of most of the new markets are very limited. For example, GAO found no existing national information to help estimate the size and scope of relevant spending by nonfederal entities on disaster relief and emergencies. Also, challenges related to state and local government operations, for example, could limit FPI's ability to sell products in the new markets made available under the First Step Act. Specifically, state-level prison industries and in-state vendors often have preferential access to many of the procurement markets now available to FPI. FPI and the private sector share some similar operating requirements, such as those related to keeping workers safe. They also face different requirements and business practices, such as those related to the legal framework, security, and costs. Available data indicate that buyers are generally satisfied with the delivery and quality of FPI products. GAO analyzed 231 performance reports on FPI in the federal government's database for contractor performance, as of August 2019. Customers rated FPI's performance in the delivery schedule and quality categories as exceptional, very good, or satisfactory on about 80 and 90 percent, respectively, of performance reports. There were too few ratings on cost to analyze them. FPI aims to assist inmates in their reentry into society by providing marketable job skills, but BOP has not reviewed FPI's impact on recidivism in over 2 decades. BOP relies on outdated studies that assessed the impact of FPI on inmates released in the 1980s. In January 2020, BOP cited a 1992 study as the basis for the Attorney General's designation of FPI as an Evidence-Based Recidivism Reduction Program under the First Step Act 0f 2018 . BOP made a plan to evaluate FPI but the plan's timeline passed and the BOP has not set a new one. Without an updated plan for evaluating FPI, BOP continues to rely on outdated evaluations of FPI and has limited information about FPI's effectiveness amidst changes to its inmate population Additionally, while BOP has reported some descriptive statistics on recidivism rates, it has not developed a goal. Without a timeline for evaluation and a goal for reducing recidivism, BOP's ability to assess the effectiveness of FPI will be limited. FPI is a government owned corporation that, as a national reentry program, manages, trains, and rehabilitates inmates through employment. FPI sells inmate-produced goods and services primarily to federal government agencies. The First Step Act of 2018 authorized FPI to sell its products to new markets. A provision in the First Step Act of 2018 required GAO to review various aspects of FPI. This report addresses (1) the potential size and scope of the additional markets made available to FPI under the First Step Act; (2) the similarities and differences in selected requirements and business practices of FPI and private sector sellers of products and services; (3) customers' satisfaction with FPI regarding quality, price, and timely delivery of its products and services; and (4) the extent to which BOP has evaluated the effectiveness of FPI and other vocational programs in reducing recidivism and the results. GAO examined recidivism studies and data, analyzed performance data, conducted fieldwork at four FPI facilities selected based on security level and type of products produced, met with industry associations, and interviewed agency officials and employed inmates. GAO is making two recommendations: (1) BOP should update its evaluation plan for FPI by setting a new timeline for evaluation and (2) BOP should set a goal to reduce recidivism. DOJ concurred with the recommendations. For more information, contact Gretta L. Goodwin at (202) 512-8777 or goodwing@gao.gov or William T. Woods at (202) 512-4841 or woodsw@gao.gov.
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    Each weekday, the Department of Justice will highlight a case that has resulted from Operation Legend.  Today’s case is out of the District of New Mexico.  Operation Legend launched in Albuquerque on July 22, 2020, in response to the city facing increased homicide and non-fatal shooting rates.
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  • The Nation’s Fiscal Health: Information on the Spending and Revenue Implications of Potential Debt Targets
    In U.S GAO News
    The COVID-19 pandemic has necessitated major federal spending to respond to the national public health emergency and resulting economic turmoil. This response and the severe economic contraction from the pandemic have led to increased federal debt. Once the COVID-19 pandemic abates and the economy has substantially recovered, Congress and the administration will need to address the federal government’s fiscal challenges. To help change the long-term fiscal path, in September 2020 GAO recommended that Congress consider establishing a long-term fiscal plan that includes fiscal rules and targets, such as a debt-to-gross domestic product (GDP) target. In this report, GAO analyzed the changes in spending and revenue needed to reach six potential debt-to-GDP targets at the end of a 30-year period (2020-2049). To reach any of the targets, policymakers will need to cut program spending, increase revenue, or, most likely, a combination of both (see table). Illustrative Examples of Changes Needed to Achieve Debt-to-GDP Targets Debt target, percent of GDP (end of 30 years) Spending and revenue: total change over 30 years Program spending alone: Immediate and permanent decrease needed in annual projected program spendinga Revenue alone: Immediate and permanent increase needed in annual projected revenue Percent Dollars, trillions Percent Percent 140 25.4 13.8 18.5 120 31.2 16.9 22.8 100 37 20 27 80 42.8 23.1 31.2 60 48.5 26.3 35.4 0 (paying off all debt) 65.9 35.7 48.1 Source: GAO simulation. | GAO-21-211. Note: The simulation used for this analysis generally reflect historical trends, such as the extension of tax provisions scheduled to expire. It does not account for potential macroeconomic effects of fiscal policy changes over time. aProgram spending consists of all spending except interest payments on debt held by the public. When considering the spending and revenue changes needed to achieve various debt-to-GDP targets, policymakers may also consider how changes in assumptions about key variables—such as discretionary spending, revenue, and GDP—affect these fiscal outcomes. For example, if GDP growth is greater than expected, policymakers may have to make smaller spending cuts or revenue increases to reach a selected debt-to-GDP target than those that would be needed based on GAO’s standard assumptions. GAO created an interactive web tool accompanying this report to allow users to enter different assumptions for each of these variables. This tool illustrates how these changes would affect the different debt-to-GDP targets over time, as well as the changes in spending and revenue needed to achieve various targets. This tool can be found at https://www.gao.gov/products/GAO-21-211. Even before the fiscal and economic effects resulting from COVID-19, an imbalance between federal revenue and spending that is built into current law and policy was contributing to the growing federal debt. The Congressional Budget Office projects that by 2023 federal debt held by the public will reach 107 percent of GDP, its highest point in U.S. history. This situation—in which federal debt grows faster than GDP—means that our nation is on an unsustainable fiscal path. GAO was asked to review issues related to fiscal rules and targets and the federal fiscal condition. In response to this request, in September 2020, GAO issued a report (GAO-20-561) on key considerations for the design, implementation, and enforcement of fiscal rules and targets. This report supplements that work and describes how changes in assumptions of future spending and revenue affect the federal government’s projected fiscal condition. GAO updated its long-term simulations of federal revenue and spending to (1) analyze six potential debt-to-GDP targets and (2) measure the fiscal gap—the policy change needed to reach a given debt-to-GDP fiscal target from the start to the end of 30-years. GAO also analyzed how changes in key variables affected the debt-to-GDP targets and the fiscal gap. For more information, contact Jeff Arkin at (202) 512-6806 or arkinj@gao.gov.
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  • Program Evaluation: Key Terms and Concepts
    In U.S GAO News
    Both the executive branch and congressional committees need evaluative information to help them make decisions about the programs they oversee—information that tells them whether, and why, a program is working well or not. The Government Performance and Results Act of 1993 (GPRA) and GPRA Modernization Act of 2010 (GPRAMA) established a framework for performance management and accountability within the federal government. Building on that foundation, Congress has since passed, among other laws, the Foundations for Evidence-Based Policymaking Act of 2018 (Evidence Act) to strengthen the evidence-building efforts of executive branch agencies. This product updates our previous glossary (GAO-11-646SP) to highlight different types of evaluations for answering questions about program performance, as well as relevant issues to ensure study quality. This glossary can help agency officials better understand fundamental concepts related to evaluation and enhance their evidence-building capacity. For more information, contact Lawrance Evans, Jr. at 202-512-2700 or EvansL@gao.gov.
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  • Federal Lands and Waters: Information on Agency Spending for Outdoor Recreation Is Limited
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    What GAO Found The information that the seven federal agencies GAO reviewed have about their spending that supports outdoor recreation varies and is not intended to fully or precisely reflect all agency spending on recreation. The Army Corps of Engineers, Bureau of Land Management (BLM), Fish and Wildlife Service, Forest Service, and National Park Service identified budget lines related to outdoor recreation, although officials said this information may not accurately reflect the agencies' overall recreation spending. This is because some programs can support multiple purposes, so it can be difficult to determine how to divide a program's costs among its different purposes. For example, through its navigation program, the Army Corps of Engineers manages navigation locks, which benefit both commercial and recreational travel. The Bureau of Reclamation and the National Oceanic and Atmospheric Administration (NOAA) did not identify budget lines related to outdoor recreation. Examples of Outdoor Recreation Activities on Federal Lands and Waters Some agencies in our review provided spending information, while others provided funding information. The Army Corps of Engineers and Forest Service provided spending (expenditure) information, and BLM, Fish and Wildlife Service, and National Park Service provided funding (allotment) information. Funding represents amounts available to the agencies at a particular time but not necessarily actual spending. The Army Corps of Engineers' annual spending for its recreation program budget line averaged about $292 million for fiscal years 2010 through 2019. The Forest Service's annual spending for its budget lines that it identified as supporting outdoor recreation averaged about $225 million for fiscal years 2014 through 2019. BLM's annual funding for its budget lines that it identified as primarily supporting outdoor recreation averaged about $77 million for fiscal years 2010 through 2019. The Fish and Wildlife Service's annual funding for its budget lines that it identified as primarily supporting outdoor recreation averaged about $1.3 billion for fiscal years 2010 through 2019. The National Park Service's annual funding for its budget lines that it identified as primarily supporting outdoor recreation averaged about $1.5 billion for fiscal years 2010 through 2019. Why GAO Did This Study Federal agencies provide outdoor recreation opportunities and facilities on the hundreds of millions acres of lands and waters they manage, attracting hundreds of millions of visitors annually. These agencies include the seven that comprised the Federal Interagency Council on Outdoor Recreation: the Army Corps of Engineers, BLM, Bureau of Reclamation, Fish and Wildlife Service, Forest Service, National Park Service, and NOAA. However, federal agencies are not required to track spending for outdoor recreation, and it is unclear how much federal funding is spent, through various programs, on recreation. The joint explanatory statement accompanying the Department of the Interior's fiscal year 2020 appropriation included a provision for GAO to conduct a study that identifies programs carried out by federal agencies that directly impact the outdoor recreation sector and that presents federal spending information for these programs. This report provides available information on what selected federal agencies know about their outdoor recreation spending. GAO focused on the seven council member agencies; reviewed available data and documents on agency spending or funding that supports outdoor recreation; and interviewed agency officials to understand how, if at all, each agency identified its spending that supports outdoor recreation. For more information, contact at (202) 512-3841 or andersonn@gao.gov.
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    What GAO Found Since fiscal year 2015, the Department of Homeland Security (DHS) Office of Inspector General (OIG) has not adhered to a number of professional standards for federal OIGs and key practices for effective management. Frequent leadership turnover and associated shifts in leadership priorities have contributed to DHS OIG's long-standing management and operational weaknesses and impeded efforts to address them. DHS OIG senior leaders acknowledge that various challenges have contributed to these weaknesses, and have taken steps to begin to address some of them, as follows: Organizational performance management: DHS OIG has operated for 4 of the past 6 years without a strategic plan. This limits its ability to implement other organizational performance management activities, such as annual planning and performance assessment. In the absence of a strategic plan, GAO found that DHS OIG staff may not understand its oversight priorities and goals, which can negatively affect operations and staff performance. In 2020, DHS OIG contracted with a nonprofit academy of government experts to develop a strategic plan for fiscal years 2021–2025, with expected completion in June 2021. Quality assurance: DHS OIG has not developed or implemented organization-wide roles and responsibilities for quality assurance. DHS OIG retracted some reports in recent years because they did not adhere to professional standards. Because there is no overarching system of internal quality assurance for audit, inspection, evaluation, and other work, DHS OIG cannot know if its internal processes ensure that its work (1) adheres to its policies and (2) meets established standards of performance. Report timeliness: Project time frames have increased in recent years, and DHS OIG has not taken steps to understand the causes of such increases or determine how to address them. For example, in the Office of Audits, eight of 102 projects completed in fiscal year 2017 took more than 18 months, compared to more than half (35 of 67) of projects completed in fiscal year 2020. Without timely DHS OIG reports, DHS's ability to respond to such oversight efforts and Congress's ability to conduct effective oversight of DHS operations are limited. Coordination with DHS: DHS OIG does not have a consistent process for coordinating with DHS components to receive and respond to technical and management comments on DHS OIG audit, inspection, and evaluation work. Further, DHS officials do not have confidence in DHS OIG's processes to (1) correct factual errors before finalizing reports and (2) redact sensitive but unclassified information before publicly issuing reports. As a result, the process by which DHS OIG resolves DHS's comments is at risk of miscommunication and misunderstandings. These and additional weaknesses GAO identified are of particular concern given that OIGs need to maintain high standards of professionalism and integrity in light of their mission, according to quality standards for federal OIGs. Without addressing these and other long-standing management and operational weaknesses, DHS OIG is not well positioned to fulfill its oversight mission. Why GAO Did This Study DHS OIG plays a critical role in overseeing DHS, which encompasses multiple components and programs and has tens of billions of dollars in annual budgetary resources. However, DHS OIG has faced a number of long-standing management and operational challenges that have affected its ability to carry out its oversight mission effectively. GAO was asked to review DHS OIG's management and operations. This report addresses the extent to which DHS OIG adheres to professional standards and key practices in its management and operations, among other objectives. GAO reviewed DHS OIG management and operations from fiscal year 2015 through fiscal year 2020. GAO evaluated DHS OIG's processes against quality standards for federal OIGs, relevant federal standards for internal control, and human capital and organizational change leading practices. To do so, GAO reviewed DHS OIG documents, interviewed officials, and analyzed DHS OIG data and published reports.
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    What GAO Found GAO has identified key characteristics of an asset management framework designed to optimize funding and decision-making related to capital assets. The Department of Veterans Affairs (VA) continues to have challenges meeting at least three of these key characteristics. Staffing resources. This key characteristic calls for organizational leadership to provide the necessary resources for asset management to succeed. Previously, VA officials described problems resulting from low levels of staffing resources, including project delays and difficulties in managing projects. VA has taken some actions to improve staffing levels, such as establishing special salary rates for engineers, and VA's vacancy rate for general engineers has improved, decreasing from 17.2 percent in fiscal year 2019 to 12.6 percent in fiscal year 2020. VA officials, however, continue to describe staffing difficulties in planning and executing projects and limits on the number of projects that facilities can undertake. Communication and collaboration. This key characteristic calls for organizations to promote a culture of information-sharing across traditional agency boundaries to help ensure that agencies make effective, enterprise-wide decisions regarding their assets. VA has taken steps to improve communication among offices with asset management responsibilities, such as by issuing an asset management directive that VA officials said would help to facilitate such collaboration. However, in current work GAO has found instances of insufficient communication, such as lack of (1) collaboration early in project development between local offices and the Office of Construction and Facilities Management and (2) coordination between construction offices and the Office of Information and Technology when bringing facilities online. Measurement and evaluation. This key characteristic calls for agencies to continuously evaluate the performance of their asset management systems and implement necessary improvements to optimize the assets' value and ensure the assets reflect the organization's current goals. VA previously developed goals and measures for its program of inspections to identify maintenance and repair needs in health care settings. However, currently VA lacks goals with related measures that would evaluate its asset management processes and point the way to necessary improvements. Why GAO Did This Study VA manages a vast portfolio of real property assets, including a healthcare system that provides care at 171 VA medical centers and 1,112 outpatient sites to over 9 million veterans enrolled in the VA health care program. VA has pressing infrastructure needs, including adapting to changes in veterans' demographics and maintaining or replacing aging facilities. GAO's key characteristics of an asset management framework state that effectively managing assets requires, among other things, maintaining leadership support that provides the necessary resources; a collaborative organizational culture; and a system for evaluating and improving asset management performance. However, GAO's previous and ongoing work has found that VA continues to face challenges on these fronts. Although VA has implemented some GAO recommendations, several priority recommendations remain outstanding in areas related to asset management, such as staffing and capital planning. GAO was asked to testify about VA's management of its capital asset portfolio. This statement summarizes GAO's findings from prior reports and preliminary observations from ongoing work examining VA's capital asset management. In ongoing work, GAO reviewed VA documentation and interviewed officials from VA headquarters offices involved in asset management. GAO also interviewed personnel at a selection of eight VA medical centers and seven regional offices and from four Veterans Service Organizations about VA's asset management. For more information, contact Andrew Von Ah at (202) 512-2834 or vonaha@gao.gov.
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  • Pipeline Safety: Performance Measures Needed to Assess Recent Changes to Hazardous Liquid Pipeline Safety Regulations
    In U.S GAO News
    What GAO Found In 2019, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a final rule amending its hazardous liquid pipeline safety regulations. Selected pipeline operators and officials from PHMSA and selected states' pipeline safety offices said that these changes would enhance pipeline safety and present no significant challenges. They said the most beneficial changes expanded the scope of inspections. For example, in addition to existing requirements for operators to use specialized tools to inspect pipelines in “high consequence areas”—defined by population and environmental factors—the 2019 Rule requires such inspections outside of those areas. While operators noted the rule's potential to improve safety, all 11 operators GAO interviewed identified specific amendments that could increase their costs. For example, several operators said they would need to modify or replace some of their pipeline to allow for certain inspection tools required by the changes. PHMSA and state pipeline safety officials said they did not anticipate oversight challenges or additional costs because the changes did not alter their inspection process. Specialized In-Line Inspection Tool Being Placed in a Launch Point on a Pipeline PHMSA held meetings with and provided guidance to operators and inspectors on the changes but has not developed measures to assess if the changes improve safety. Leading performance management practices call for agencies to track progress toward goals using measures that include targets for expected levels of performance and timeframes. While PHMSA has desired outcomes for the 2019 Rule, including safety improvements, PHMSA officials said they have not established performance measures for those outcomes because some of the changes have long-term compliance deadlines, and so data are not yet available to assess effectiveness. However, other changes have shorter-term deadlines for compliance and PHMSA could use data it already collects from operators for its assessment. Without performance measures, PHMSA cannot determine whether the changes made by the 2019 Rule are achieving their intended outcomes and contributing to PHMSA's safety goals. Why GAO Did This Study The U.S. hazardous liquid pipeline network runs for over 220,000 miles and is a critical component of the nation's economy. Pipelines are considered to be a relatively safe mode of transporting crude oil, refined petroleum products, and other hazardous liquids, but accidents can occur that result in loss of life and environmental damage. PHMSA, within the Department of Transportation (DOT), sets the federal minimum pipeline safety standards and generally ensures operator compliance. In 2016, a pipeline safety statute included a provision for GAO to report on hazardous liquid pipeline safety after PHMSA issued a specific final rule amending its safety regulations, which it did in 2019. This report examines: (1) perspectives of selected pipeline stakeholders on the benefits and challenges of the amendments made by the 2019 Rule and (2) steps PHMSA has taken to inform stakeholders of these amendments and to measure their effects on pipeline safety. GAO reviewed relevant statutes and regulations; analyzed PHMSA accident data from calendar years 2011-2020; interviewed 11 pipeline operators—selected by pipeline type, miles, and product type—as well as pipeline industry and safety stakeholders, and PHMSA and pipeline safety officials from six states.
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  • Man Sentenced for Role in Investment-Fraud Scheme
    In Crime News
    A Virginia man was sentenced today to over eight years in prison for his role in an investment-fraud scheme in which he and his co-conspirators stole at least $5.7 million from victim investors.
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  • Developer Agrees to Mitigate Impacts to Streams and Wetlands
    In Crime News
    A developer and his companies have agreed to effectuate $900,000 in compensatory mitigation, preserve undisturbed riparian areas, conduct erosion-control work on streams, and be subject to a prohibitory injunction to resolve alleged violations of the Clean Water Act (CWA) on property north of Houston, Texas, the Justice Department announced today.
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  • National Science Foundation: COVID-19 Affected Ongoing Construction of Major Facilities Projects
    In U.S GAO News
    What GAO Found Since GAO's April 2020 report on the status of the National Science Foundation's (NSF) major facilities projects, the Large Hadron Collider High Luminosity Upgrade program began construction, and it along with the four other major facilities projects in construction (see figure), have weathered schedule delays associated with the COVID-19 pandemic. To partially account for increased costs associated with the pandemic, such as the cost of paying project staff while work is paused, NSF has authorized $38.9 million in total project cost increases to the award recipients constructing three of the five projects: $18.9 million for the Daniel K. Inouye Solar Telescope, $10.0 million for the Vera C. Rubin Observatory, and $10.0 million for Regional Class Research Vessels. Because the pandemic is ongoing and its full effects are not yet known, NSF expects to make further adjustments to the cost and schedule of all five major projects in construction. Design work on an additional major facility project continued without significant interruption from the pandemic. Further, NSF made awards to begin the agency's first three mid-scale research infrastructure projects. National Science Foundation Major Facilities Projects in Construction NSF has fully implemented GAO's prior recommendation on information sharing among award recipients and has drafted guidance or taken other steps towards addressing GAO's three remaining recommendations. To enhance information sharing among award recipients, NSF added a section to its terms and conditions in its major facilities agreements that encourages awardees to share information among awardees and participate in a knowledge management program. Why GAO Did This Study NSF supports the design, construction, and operations of science and engineering research infrastructure such as telescopes and research vessels. These projects include major facilities that cost over $100 million to construct or acquire, and mid-scale research infrastructure projects. Over the past 5 fiscal years, NSF has received over $1 billion in appropriations for these projects. Prior GAO reports reviewed NSF's oversight of the projects, its cost estimating and schedule policies, and the project management expertise of its oversight workforce. Senate Report 115-275, Senate Report 114-239, and House Report 114-605 included provisions for GAO to review and report annually on projects funded from NSF's Major Research Equipment and Facilities Construction account. This report, the fourth, examines (1) the cost and schedule performance of NSF's ongoing major facilities and mid-scale research infrastructure projects and (2) the extent to which NSF has implemented prior GAO recommendations related to its management of major facilities. GAO reviewed NSF and award recipient documents for the projects. GAO examined policies and procedures to identify efforts to implement recommendations and interviewed NSF officials for clarifying information.
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  • Remarks As Prepared For Delivery By Katharine T. Sullivan Principal Deputy Assistant Attorney General Office Of Justice Programs At The Announcement Of Sexual Assault Nurse Examiner Grants
    In Crime News
    Good afternoon, everyone. Thank you all for joining us. I’m Katie Sullivan, the Principal Deputy Assistant Attorney General for the Office of Justice Programs in the U.S. Department of Justice. I’m thrilled to be here today with the outstanding U.S. Attorney for the Western District of Pennsylvania, Scott Brady. I’m also very pleased to be joined by Dr. Mary Ellen Glasgow, Dean of the Duquesne School of Nursing, and Dr. Alison Colbert, Associate Professor in the Duquesne School of Nursing. You’ll hear from each of them in just a moment. I also want to introduce my wonderful colleague, Jessica Hart, the Director of the Office for Victims of Crime, which is part of my agency.
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  • Secretary Blinken’s Meeting with Israeli Alternate Prime Minister and Foreign Minister Yair Lapid 
    In Crime Control and Security News
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