Department of Justice Issues Statement Regarding Decision in Skyworks v. CDC

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    Eighty-two Children's Savings Account (CSA) programs operated and had collectively enrolled about 700,000 children in 2019, according to survey data from the nonprofit organization Prosperity Now. These programs—operated by states, cities, and other organizations—use a variety of strategies to enroll families, especially those with lower incomes, and help them save and prepare for college. For example, CSA programs enroll families by partnering with trusted organizations (e.g., schools) or through automatic enrollment, according to the Consumer Financial Protection Bureau (CFPB) and CSA experts. In addition, these programs help families build savings once children are enrolled by, for example, providing initial deposits or financial education. While experts GAO interviewed said savings may be modest given lower-income families' and programs' limited resources, CSA programs also aim to help lower-income families prepare for college, such as by increasing financial knowledge. There is evidence that CSA program strategies have positive short-term effects on families, including those with lower incomes. These effects include increased CSA program enrollment and participation, amounts saved, and educational expectations, based on research GAO reviewed (see figure). For example, strategies such as automatically enrolling families and providing financial contributions (e.g., initial deposits) may help CSA programs reach more families and encourage saving. Several studies of a CSA program that used both these strategies found increases in the number of children enrolled and the amount saved by enrolled families. One study found that families who were enrolled for 7 years saved over four times more of their own money, on average, than families who were not enrolled—$261 compared to $59. When including financial contributions from the CSA program, enrolled families had about six times more total savings ($1,851) compared to other families ($323). Enrollment and participation in CSA programs may also increase families' educational expectations for their children. For example, a study found that parents with children enrolled in one CSA program were nearly twice as likely to expect their children to attend college. However, information on college enrollment and other long-term effects on families participating in CSA programs is limited because most of the children have not yet reached college age. Effects of CSA Program Strategies in Three Commonly Assessed Areas Rising college costs have outpaced federal grant aid and placed more of the financial burden on students and their families. CSA programs help families, especially lower-income families, save for college—and other postsecondary education—by providing financial contributions and possibly other supports. A Senate Appropriations Committee report included provisions for GAO to examine various aspects of college savings account programs and their effectiveness. This report examines (1) the number of CSA programs and how they use strategies to help families, especially lower-income families, save and prepare for college; and (2) what is known about the effects of these strategies on families, including lower-income families. GAO reviewed 2016–2019 annual CSA program survey data collected by the nonprofit Prosperity Now. GAO also analyzed CFPB documents and the findings of 33 peer-reviewed studies from 2010 through 2019—and one working paper from 2017—that met GAO's criteria for inclusion, for example, used data from the United States. In addition, GAO interviewed officials from CFPB, the Department of Education, and four organizations that have expertise on these programs. For more information, contact Melissa Emrey-Arras at (617) 788-0534 or emreyarrasm@gao.gov.
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    Pamela Karlan, Principal Deputy Assistant Attorney General for the Civil Rights Division of the Department of Justice, James P. Kennedy Jr., U.S. Attorney for the Western District of New York, and Stephen A. Belongia, Special Agent in Charge of the FBI Buffalo Field Office, released the following statement:
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  • Abusive Tax Schemes: Offshore Insurance Products and Associated Compliance Risks
    In U.S GAO News
    Federal law provides certain tax benefits for transactions involving genuine insurance products, including insurance products held offshore. While taxpayers may lawfully hold offshore insurance products, they contain features that make them vulnerable for use in abusive tax schemes. For example, offshore insurance products can be highly technical and individualized, making enforcement challenging, according to Internal Revenue Service (IRS) officials. Furthermore, insurance is not defined by federal statute, potentially making a determination of what constitutes genuine insurance for federal tax purposes unclear. Offshore micro-captive insurance products, which are made by small insurance companies owned by the businesses they insure, may be abused if the corporate taxpayer improperly claims deductions for payments made to a micro-captive for federal tax purposes. Courts have applied certain considerations to determine whether these deductions can be claimed. For example, one consideration is whether the insurance legitimately distributes risk across participating entities. IRS officials said they expend significant resources reviewing these schemes because of the varied ways insurance companies may work. Offshore variable life insurance products, which are insurance policies with investment components over which the insured has certain control, may be abused if the individual taxpayer fails to meet IRS reporting requirements or pay appropriate federal income taxes. Federal regulations require that taxpayers with certain foreign life insurance accounts report this information to IRS and the Financial Crimes Enforcement Network. The structure of life insurance products may vary and taxpayers are required to pay taxes based on the underlying type of financial product the policy represents. The figure below shows how noncompliance may occur when taxpayers use life insurance and micro-captive insurance in abusive tax schemes. Abusive Use of Micro-captive and Life Insurance When structured in abusive ways, insurance products held offshore can be designed to aid in unlawful tax evasion by U.S. taxpayers. Two products that IRS has recently warned have the potential for such abuse include micro-captive insurance and variable life insurance policies. GAO was asked to review how taxpayers may abuse offshore insurance products. This report describes (1) how offshore insurance tax shelters provide opportunities for income tax abuse; (2) how offshore micro-captive insurance is used and how it is used in abusive tax schemes; and (3) how offshore variable life insurance is used and how it is used in abusive tax schemes. GAO reviewed IRS tax and information return forms, relevant U.S. case law and IRS guidance, academic and trade publications, and applicable statutes and regulations. GAO also interviewed IRS officials and professionals in the tax preparation and insurance industries. For more information, contact Jessica Lucas-Judy at (202) 512-9110 or LucasJudyJ@gao.gov.
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  • DOD Critical Technologies: Plans for Communicating, Assessing, and Overseeing Protection Efforts Should Be Completed
    In U.S GAO News
    Critical technologies—such as elements of artificial intelligence and biotechnology—are those necessary to maintain U.S. technological superiority. As such, they are frequently the target of theft, espionage, and illegal export by adversaries. The Department of Defense (DOD) has outlined a revised process (see figure) to better identify and protect its critical technologies including those associated with acquisition programs throughout their lifecycle or those early in development. Prior DOD efforts to identify these technologies were considered by some military officials to be too broad to adequately guide protection. The revised process is expected to address this by offering more specificity about what elements of an acquisition program or technology need to be protected and the protection measures DOD is expected to implement. It is also expected to support DOD's annual input to the National Strategy for Critical and Emerging Technologies, which was first published in October 2020. Overview of DOD's Revised Process to Identify and Protect Critical Acquisition Programs and Technologies DOD began implementing this process in February 2020, and officials expect to complete all steps for the first time by September 2021. DOD has focused on identifying critical acquisition programs and technologies that need to be protected and how they should be protected. It has not yet determined how it will communicate the list internally and to other agencies, which metrics it will use to assess protection measures, and which organization will oversee future protection efforts. By determining the approach for completing these tasks, DOD can better ensure its revised process will support the protection of critical acquisition programs and technologies consistently across the department. Once completed, the revised process should also inform DOD and other federal agencies' protection efforts. Military officials stated they could use the list of critical acquisition programs and technologies to better direct resources. Officials from the Departments of State, Commerce, and the Treasury stated that they could use the list, if it is effectively communicated, to better understand what is important to DOD to help ensure protection through their respective programs. The federal government spends billions annually to develop and acquire advanced technologies. It permits the sale and transfer of some of these technologies to allies to promote U.S. national security, foreign policy, and economic interests. However, the technologies can be targets for adversaries. The John S. McCain National Defense Authorization Act for Fiscal Year 2019 requires the Secretary of Defense to develop and maintain a list of acquisition programs, technologies, manufacturing capabilities, and research areas that are critical for preserving U.S. national security advantages. Ensuring effective protection of critical technologies has been included on GAO's high-risk list since 2007. This report examines (1) DOD's efforts to identify and protect its critical technologies, and (2) opportunities for these efforts to inform government protection activities. GAO analyzed DOD critical acquisition program and technologies documentation, and held interviews with senior officials at DOD and other federal agencies responsible for protecting critical technologies. GAO is recommending that DOD specify how it will communicate its critical programs and technologies list, develop metrics to assess protection measures, and select the DOD organization that will oversee protection efforts beyond 2020. DOD concurred with the first recommendation and partially concurred with the second and third. GAO maintains the importance of all recommendations in this report. For more information, contact William Russell at (202) 512-4841 or russellw@gao.gov.
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  • K-12 Education: School Districts Need Better Information to Help Improve Access for People with Disabilities
    In U.S GAO News
    Two-thirds of U.S. public school districts have schools with physical barriers that may limit access for people with disabilities, according to GAO's survey of district officials. Barriers, such as a lack of accessible door hardware and steep ramps, can make it challenging for students, teachers, and others with disabilities to use public school facilities (see fig.). In 55 schools across six states, the most common areas with barriers GAO observed were restrooms, interior doorways, and classrooms. GAO also observed barriers related to safety and security. For example, for security, some schools had installed double-door vestibules with limited maneuvering space that could trap people who use wheelchairs. Examples of Doorway and Auditorium Barriers GAO Observed in Schools Note: Barriers presented in this figure potentially limit physical access for people with disabilities, but taken alone, would not necessarily establish whether a legal violation has occurred. An estimated 70 percent of districts had large-scale renovations, small-scale upgrades, or accessibility evaluations planned in the next 3 calendar years, but frequently cited funding constraints as a challenge to these efforts. Districts also identified the need to prioritize projects that keep buildings operational, such as roofing and heating projects. In addition, GAO's survey, observations during site visits, and interviews with national disability groups revealed a tension between making safety and security upgrades and improving physical accessibility. The Department of Justice (Justice) has not provided technical assistance on physical accessibility in schools, and GAO's surveys indicate such help is needed. Justice has authority to provide information on interpreting the Americans with Disabilities Act of 1990 (ADA), including for public schools, and it has provided technical assistance regarding other public facilities, such as stadiums. In addition, Justice, along with the Department of Education (Education) and other federal agencies, recently launched a new website on school safety, but it does not include specific information on how to improve accessibility of public school facilities or provide information on ADA requirements in the context of school safety upgrades. Without such information, federal agencies may miss opportunities to help ensure that people with disabilities have safe and secure access to public school facilities. National reports have raised concerns about the physical accessibility of public school facilities for people with disabilities. These facilities serve important roles as schools, voting locations, and emergency shelters, among other things. GAO was asked to examine the physical accessibility of public school facilities. This report examines the extent to which (1) school districts have school facilities with physical barriers that may limit access for people with disabilities, (2) districts plan to improve the accessibility of school facilities and the challenges they face, and (3) Justice and Education assist districts and states in improving school facilities' physical accessibility. GAO conducted a nationally representative survey of school districts; surveyed states and the District of Columbia; examined 55 schools across six states, selected for variation in size and other characteristics; reviewed relevant federal laws, regulations, and guidance; and interviewed federal, state, and school district officials, and national disability groups. GAO recommends that Justice work with Education to (1) provide information specific to accessibility of public school facilities and (2) provide information on federal accessibility requirements in the context of public school safety and security. Justice neither agreed nor disagreed with GAO's recommendations. For more information, contact Jacqueline M. Nowicki at (617) 788-0580 or nowickij@gao.gov.
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    In U.S GAO News
    The Department of Defense (DOD) relies on contractors to provide a wide array of services, including support for management, information technology, and weapon systems. DOD obligated about $190 billion on service acquisitions in fiscal year 2019 (see figure). Department of Defense Obligations for Service Acquisitions by Military Department and Defense Agencies and Field Activities, Fiscal Year 2019 Since 2001, GAO has highlighted service acquisitions as an issue for oversight within the DOD Contract Management area in its High-Risk List. Among other things, the High-Risk List and GAO's prior work have identified that: DOD's service requirements reviews were narrowly focused on individual contracts rather than entire capability portfolios, DOD's efforts to use its inventory of contracted services to inform management decisions were hindered by data collection issues, and DOD's budget exhibits did not clearly identify service acquisitions. In October 2020, DOD issued a report to Congress describing its current mechanisms and plans for managing and overseeing service contracts. GAO found that this report addresses some of the key issues identified in GAO's High-Risk List, but does not address others. Requirement reviews. The DOD report summarizes guidance the department issued in January 2020 that links requirements reviews to budget trade-offs, and clarifies the relationship between service acquisition management and category management activities. Category management is an Office of Management and Budget-led, government-wide initiative to reorganize government spending around fewer, larger contracts and use the government's purchasing power to buy like a single enterprise. These efforts have the potential to improve how requirements reviews support budget trade-off decisions within and across capability portfolios. Inventory of contracted services. The DOD report discusses the department's recent transition to the government-wide system other federal agencies use to collect data for their inventories of contracted services, and explains that this transition is intended to reduce the burden of data collection for defense contractors and improve compliance. However, the report does not discuss how DOD plans to use this data to inform decision-making and workforce planning, the key issues GAO has identified in past work. Future-year spending plans. The DOD report does not discuss our finding in a prior report that DOD could improve its ability to strategically manage service acquisitions by improving visibility on future budgetary requirements. Instead, DOD's report states that DOD plans to address capability gaps in budget planning for service contracts in a separate effort in response to a provision in the National Defense Authorization Act for Fiscal Year 2020 that might address GAO's recommendations. DOD officials told GAO they are working to better understand that provision before initiating their effort. The Senate report on the National Defense Authorization Act for Fiscal Year 2020 included a provision for the Secretary of Defense to submit a report to the congressional defense committees on current mechanisms for overseeing defense service contracts, and for GAO to assess this report. DOD issued its report to Congress in the second week of October 2020. This GAO report assesses the extent to which that DOD report addresses service acquisition issues identified in GAO's High-Risk List and other products. GAO reviewed DOD's report to Congress on defense service acquisitions and GAO's past reports on defense service acquisitions, including GAO's 2019 High-Risk List and 11 other products issued between 2011 and 2018. GAO collected and assessed additional documentation from DOD offices and military departments, and interviewed officials from these offices and departments to collect additional information about DOD plans to improve service acquisitions. For more information, contact Timothy DiNapoli at (202) 512-4841 or DiNapoliT@gao.gov.
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  • Bank Supervision: FDIC Could Better Address Regulatory Capture Risks
    In U.S GAO News
    The Federal Deposit Insurance Corporation (FDIC) has designed policies to address the risk of regulatory capture by reducing the potential benefit to industry of capturing the examination process, reducing avenues of inducement, and promoting a culture of independence and public service (see figure). Framework for Reducing Risk and Minimizing Consequences of Regulatory Capture FDIC has several policies for documenting bank examination decisions that help promote transparent decision-making and assign responsibility for decisions. Such policies are likely to help reduce benefits to industry of capturing the examination process. However, GAO found that some examinations were not implemented consistent with FDIC policies and that gaps in FDIC policies limited their effectiveness. For example, GAO found that managers sometimes did not clearly document how they concluded that banks had addressed recommendations. By improving adherence to agency policies, FDIC management could better address threats to capture in the examination process. GAO found that FDIC has policies to address potential conflicts of interest that could help block or reduce avenues of inducement. For example, FDIC has post-employment conflict-of-interest policies designed to prevent former employees from exerting undue influence on FDIC and to reduce industry's ability to induce current FDIC employees with prospective employment arrangements. One such policy requires the agency to review the workpapers of examiners-in-charge who accept employment with banks they examined in the prior 18 months. However, FDIC has not fully implemented a process for identifying when to review the workpapers of departing examiners to assess whether independence has been compromised. In particular, FDIC does not have a process for collecting information about departing employees' future employment. By revising its examiner-departure processes, the agency could better identify when to initiate workpaper reviews. FDIC has identified regulatory capture as a risk as part of its enterprise risk management process. The agency has documented 11 mitigation strategies that could help address that risk. Identified mitigation strategies include rotating examiners-in-charge, national examination training, and ethics requirements. FDIC supervises about 3,300 financial institutions to evaluate their safety and soundness. Some analyses by academic researchers have identified regulatory capture in supervision as one potential factor contributing to the 2007–2009 financial crisis. Regulatory capture is defined as a regulator acting in the interest of the regulated industry rather than in the public interest. GAO was asked to review regulatory capture in financial regulation. This report examines FDIC's (1) processes for encouraging transparency and accountability in the bank examination process, (2) processes to minimize potential conflicts of interest among examination staff, and (3) agency-wide efforts to address the risks of regulatory capture and compromised independence. GAO reviewed FDIC's policies and enterprise risk management framework, analyzed bank examination workpapers, and interviewed supervisory staff. GAO is making four recommendations to FDIC related to managing the risk of regulatory capture, including improving documentation of banks' progress at addressing FDIC recommendations and revising examiner-departure processes. FDIC neither agreed nor disagreed with these recommendations, but described actions it would take in response to them. FDIC's actions, if fully implemented, would address two of the four recommendations. For more information, contact Michael Clements at (202) 512-8678 or clementsm@gao.gov.
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  • Aircraft Carriers: Homeport Changes Are Primarily Determined by Maintenance Requirements
    In U.S GAO News
    What GAO Found The Navy has a process for proposing and implementing homeport changes that considers a range of factors. The first key step in this process involves the Navy developing and updating an annual plan, known as the Strategic Laydown and Dispersal Plan, that guides the Navy's positioning of operating forces worldwide. Based on the plan, fleet commanders then identify requirements for any changes to homeports and submit requests to schedule a homeport change. Throughout the process, Navy leadership and a working group of stakeholders from across the Navy provide input and analysis. Among other things , the working group develops and assesses proposed changes among the possible aircraft carrier homeports based on their expertise and evaluates various homeport installation factors, such as maintenance dry docks (see figure) or ship power and maintenance facilities. The Navy also considers local factors including crew support and quality of life, such as schools and morale, and possible impacts to the natural and physical environment. The Navy has strengthened its process by implementing prior GAO recommendations, and has other planned actions underway to further improve and update its guidance. Recent Navy Aircraft Carrier Homeport Locations and Dry Dock at Puget Sound Naval Shipyard The Navy made 15 aircraft carrier homeport changes in fiscal years 2011 through 2020 among the five available homeports. The driving factor for all 15 changes was maintenance. For example, 10 of the 15 changes involved ships moving to or returning from shipyards in Bremerton or Norfolk for planned dry-dock maintenance or midlife refueling. In 2015 and 2019, the Navy decided to homeport aircraft carriers in Bremerton and San Diego because Everett lacked nuclear maintenance facilities, which were available at the Navy's other aircraft carrier homeport locations. Previously, carriers homeported in Everett received regularly scheduled maintenance at the shipyard in Bremerton but did not conduct an official homeport change. The Navy reported that during these maintenance periods that lasted 6 months or more, the crew commuted 3 to 4 hours daily, which negatively affected maintenance and crew morale. As a result, the Navy decided not to return an aircraft carrier to Everett. According to Navy officials, factors in addition to maintenance needs also informed the changes, including a long-held plan to homeport three aircraft carriers in San Diego. Why GAO Did This Study The Navy relies on 11 aircraft carriers homeported on the East and West Coasts and in Japan to support U.S. defense strategic objectives and operations. These nuclear-powered ships require complex infrastructure, technology, and maintenance, some of which may not be available near their homeport. Changing an aircraft carrier's homeport means moving the ship's approximately 3,200 sailors, a fluctuation of 5,000 or more people depending on the number of family members involved. In House Report 116-120, accompanying a bill for the National Defense Authorization Act for Fiscal Year 2020, the House Armed Services Committee noted that the Navy reversed previous plans to homeport an aircraft carrier at Naval Station Everett, Washington. The House Report also included a provision for GAO to review the Navy's process to assign aircraft carriers' homeports. This report examines, for Navy aircraft carriers, (1) the extent to which the Navy has a process for making homeport changes, and considers local installation and other factors in the homeporting process, and (2) homeport changes from fiscal years 2011 through 2020 and the reasons for them. GAO analyzed Navy instructions and related policies, laws, and regulations; homeport plans and maintenance schedules; and fiscal years 2011–2020 documentation of homeport changes. GAO also interviewed Navy officials, including from relevant commands and homeports. For more information, contact Diana Maurer at (202) 512-9627 or MaurerD@gao.gov.
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