Dietary Supplement Executive Sentenced in Scheme to Fraudulently Sell Popular Dietary Supplements

A federal court in Texas sentenced a former dietary supplement company executive to prison for his role in fraudulently selling popular workout supplements, the Justice Department announced today.

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    Through a combination of advance planning, expanded use of technology, and the dedication of thousands of employees, the federal Judiciary’s response to the pandemic has enabled courts to continue to operate, while ensuring the health and safety of the public and court personnel, U.S. Senior District Judge David G. Campbell told Congress on Thursday.
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  • Public Health Preparedness: Information on the Use of Medical Reserve Corps Volunteers during Emergencies
    In U.S GAO News
    Almost all states have a network of health care volunteers—the Medical Reserve Corps—who can augment federal, state, and local capabilities in response to public health emergencies, such as those arising from wildfires and hurricanes, and infectious disease outbreaks. Having sufficient, trained personnel, such as these volunteers, is critical to a state's capability to respond and recover from public health emergencies. According to federal data, 48 states and the District of Columbia reported 102,767 health care volunteers in 838 Medical Reserve Corps units as of September 2019, with nurses making up 43 percent. Number of Medical Reserve Corps Volunteers by Type, as of September 2019 Note: These data illustrate 90 percent of total health care volunteers. The remaining five types volunteers each make up less than 5 percent of the total. Other Public Health Medical volunteers may include cardiovascular technicians, sonographers, and phlebotomists. Medical Reserve Corps volunteers in states included in GAO's review—Alabama, California, North Carolina, and New Mexico—were deployed in response to natural disasters in 2018 and 2019, migrants at the southern border in 2019, and COVID-19 in 2020. Department of Health and Human Services (HHS) documentation shows these volunteers performed a variety of health care activities, such as providing medical services, setting up and providing support at shelters, and distributing medical supplies. Volunteers from these four states and others also participated in the response to COVID-19 by supporting testing sites, collecting specimens, and performing administrative tasks, such as data entry. For example, one unit deployed four volunteers a day for 3 days to work alongside nurses at a drive-through testing site. In addition to responding to public health emergencies, volunteers participated in preparedness activities, such as an initiative to train the public on how to respond to emergencies. HHS oversees the Medical Reserve Corps program and has assisted units in developing their volunteer capabilities. For example, HHS funded the development of a checklist of activities that should occur during volunteer deployment such as re-verifying medical credentials; provided training to new unit leaders on developing, managing, and sustaining Medical Reserve Corps units; and issued generally accepted practices, such as periodically re-evaluating volunteer recruitment procedures. The Medical Reserve Corps consists of health care volunteers—medical and public health professionals—who donate their time to help strengthen a response to public health emergencies and build community resilience. These volunteers prepare for and respond to public health emergencies, which may include natural disasters—such as hurricanes and wildfires—as well as disease outbreaks, whether intentional or natural. The Pandemic and All-Hazards Preparedness and Advancing Innovation Act of 2019 included a provision for GAO to review states' use of health care volunteers during public health emergencies. This report describes (1) the number and type of Medical Reserve Corps volunteers; (2) the types of public health emergencies volunteers have participated in; and (3) how HHS has assisted in developing volunteer capabilities. To conduct this work, GAO analyzed data reported to HHS as of September 2019; reviewed HHS documentation on four states' use of volunteers, which GAO selected based on population, number of volunteers, and event; and interviewed officials from HHS who oversee the Medical Reserve Corps program. GAO plans to further examine how states have used health care volunteers to respond to public health emergencies, including COVID-19, and any associated challenges to doing so in a future report. GAO provided a draft of this report to HHS. In response, HHS provided technical comments, which were incorporated as appropriate. For more information, contact Mary Denigan-Macauley at (202) 512-7114 or deniganmacauleym@gao.gov.
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  • Vessel Operator and Engineers Sentenced for Oil Waste Discharge Offenses
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    A vessel operating company was sentenced today in Hagatna, Guam, for illegally discharging oil into Apra Harbor, Guam, and for maintaining false and incomplete records relating to the discharges of oily bilge water from the vessel Kota Harum.
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    “Four federal judges and three family members have been killed since 1979. These horrific tragedies must stop,” Judge David W. McKeague told the Judicial Conference of the United States today.
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  • Facial Recognition Technology: Federal Law Enforcement Agencies Should Have Better Awareness of Systems Used By Employees
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    What GAO Found In June 2021, GAO reported the results of its survey of 42 federal agencies that employ law enforcement officers about their use of facial recognition technology. Twenty reported owning systems with the technology or using systems owned by other entities, such as state, local, and non-government entities (see figure). Ownership and Use of Facial Recognition Technology Reported by Federal Agencies that Employ Law Enforcement Officers Note: For more details, see figure 1 in GAO-21-105309. Agencies reported using the technology to support several activities (e.g., criminal investigations) and in response to COVID-19 (e.g., verify an individual's identity remotely). Six agencies reported using the technology on images of the unrest, riots, or protests following the killing of Mr. George Floyd in May 2020. Three agencies reported using it on images of the U.S. Capitol attack on January 6, 2021. Agencies said the searches used images of suspected criminal activity. Fourteen of the 42 agencies reported using the technology to support criminal investigations. However, only one had a mechanism to track what non-federal systems were used by employees. By having a mechanism to track use of these systems and assessing the related risks (e.g., privacy and accuracy-related risks), agencies can better mitigate risks to themselves and the public. Why GAO Did This Study Federal agencies that employ law enforcement officers use facial recognition technology to assist criminal investigations, among other activities. For example, the technology can help identify an unknown individual in a photo or video surveillance. This statement describes (1) the ownership and use of facial recognition technology by federal agencies that employ law enforcement officers, (2) the types of activities these agencies use the technology to support, and (3) the extent that these agencies track employee use of facial recognition technology owned by non-federal entities, including the potential privacy and accuracy implications. This statement is based on GAO's June 2021 report on federal law enforcement's use of facial recognition technology (GAO-21-518). To conduct that prior work, GAO administered a survey questionnaire to 42 federal agencies that employ law enforcement officers regarding their use of the technology. GAO also reviewed relevant documents and interviewed agency officials. The June 2021 report was a public version of a sensitive report that GAO issued in April 2021. Information that agencies deemed sensitive was omitted from the June 2021 report and this statement.
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  • Farm Programs: USDA Should Take Additional Steps to Ensure Compliance with Wetland Conservation Provisions
    In U.S GAO News
    What GAO Found The U.S. Department of Agriculture's (USDA) Natural Resources Conservation Service (NRCS) has taken steps to increase the consistency of their determinations about where wetlands exist on farmers' lands. For example, NRCS state offices formed teams to make such determinations in the prairie pothole region (see fig.), which covers parts of Iowa, Minnesota, North Dakota, and South Dakota. These offices also standardized their wetland determination procedures and included more details, such as the types of data that can be used to identify wetland boundaries. Under wetland conservation provisions in federal law, to receive the benefits of certain USDA farm programs, farmers must not convert wetlands to cropland. Wetlands and Cropland in the Prairie Pothole Region NRCS's primary method to ensure compliance with wetland conservation provisions is conducting annual compliance checks of selected tracts of land for farmers in USDA programs. To select tracts, NRCS draws a national random sample. The sample is to include about 1 percent of tracts subject to wetland the provisions nationally, so many tracts are not sampled for years. For 2014 through 2018, NRCS identified fewer than five farmers with wetland conservation violations per year on the approximately 417,000 tracts in North Dakota and South Dakota—the states with the most wetland acres. Agency officials said NRCS has limited resources to conduct more checks. However, some USDA agencies emphasize risk-based criteria, rather than a random sample, in selecting tracts to check for compliance with other provisions. Doing so makes the checks more efficient by targeting the tracts most likely to have violations. If NRCS used a risk-based approach for its compliance checks (e.g., using information on acres cultivated annually on tracts), it could more efficiently ensure compliance with wetland conservation provisions. If NRCS finds violations, USDA's Farm Service Agency (FSA) may withhold program benefits from farmers, or it may grant waivers to farmers who acted in good faith, without intent to commit violations. FSA granted 243 of 301 requests for good-faith waivers from 2010 to 2018, according to FSA data. FSA relies on committees of fellow farmers to decide on waivers by considering factors such as prior violations. GAO found that some committees relied on weak justification to grant waivers even if farmers had prior violations and that FSA had not specified what is adequate justification. By specifying what constitutes adequate justification, FSA could better ensure it provides benefits only to eligible farmers. Why GAO Did This Study Wetlands perform vital ecological functions, and draining them can harm water quality and wildlife habitat. Many wetlands were drained for farming before enactment of wetland conservation provisions in 1985. However, millions of acres of wetlands, known as potholes, remain in the prairie pothole region. NRCS determines where wetlands exist on the land of farmers who participate in USDA farm programs, and it identifies violations of wetland provisions. FSA administers farm program benefits. In 2017, USDA's Office of Inspector General reported that NRCS had implemented wetland determination procedures in the prairie pothole region inconsistently. GAO was asked to review USDA's implementation of wetland conservation provisions in the prairie pothole region. This report examines, among other objectives, the steps NRCS has taken to increase the consistency of wetland determinations and the approaches NRCS and FSA use to ensure compliance with the provisions. GAO reviewed agency manuals, data, and files on wetland determinations and waivers, and interviewed agency officials and stakeholder groups.
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  • Public Health Preparedness: HHS Has Taken Some Steps to Implement New Authority to Speed Medical Countermeasure Innovation
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    The Department of Health and Human Services' (HHS) Biomedical Advanced Research and Development Authority has taken steps towards implementing an authority provided by the 21st Century Cures Act to accelerate the development of medical countermeasures. Medical countermeasures are drugs, vaccines, and devices to diagnose, treat, prevent, or mitigate potential health effects of exposure to chemical, biological, radiological, and nuclear threats. However, as of June 2020, HHS had not selected a medical countermeasures innovation partner—an independent, nonprofit entity that the 21st Century Cures Act authorizes HHS to partner with to use venture capital practices and methods to invest in companies developing medical countermeasures. Towards implementing the authority, HHS has developed a vision for the innovation partner, staffed a division to manage HHS's medical innovation partnership and determined an initial amount of funding needed, solicited and considered feedback from venture capital and other stakeholders, and developed preliminary plans for structuring and overseeing the partnership. HHS officials explained this type of partnership approach was new to the agency and required due diligence to develop. According to agency officials, the innovation partner will allow HHS to invest in potentially transformative medical countermeasures that have the potential to benefit the government. For example, the innovation partner could invest in innovative wearable technologies to help early detection of viral infections. HHS officials told GAO that the partner, which is required by law to be a nonprofit entity, will be required to reinvest BARDA's revenues generated from government investments into further investments made through the partnership. BARDA's ultimate goal will be to use these revenues to fund new investments. According to a review of stakeholder comments submitted to HHS, potential venture capital partners identified concerns regarding aspects of the agency's plans for the innovation partner, which the stakeholders indicated could hinder HHS's implementation of the authority. For example, there is a statutory limit to the annual salary that can be paid to an individual from HHS's annual appropriation, which some stakeholders indicated was too low to attract an entity to manage the innovation partner funds. HHS officials told GAO they are assessing options to mitigate some of these concerns, but that plans will not be final until they select the partner. GAO provided a draft of this correspondence to HHS and the Department of Defense for review and comment. HHS did not provide comments on this report and DOD provided technical comments that we incorporated as appropriate. The COVID-19 pandemic and other public health emergencies caused by chemical, biological, radiological, and nuclear agents or emerging infectious diseases raise concern about the nation's vulnerability to, and capacity to prevent or mitigate, potential health effects from exposure to such threats. The 21st Century Cures Act authorized HHS to partner with a private, nonprofit entity that can use venture capital practices and methods to invest in companies developing promising, innovative, medical countermeasures. The 21st Century Cures Act included a provision for GAO to review activities conducted under the innovation partner authority. This report describes the status of HHS's implementation of the authority. GAO reviewed relevant statutes and HHS documentation regarding its plans and actions taken to implement the authority, reviewed responses HHS received to the two requests for information it used to collect information from venture capital and other stakeholders, interviewed HHS officials, and interviewed officials from the Department of Defense, which has partnered with a private, nonprofit entity to make investments using venture capital practices. For more information, contact Mary Denigan-Macauley at (202) 512-7114 or DeniganMacauleyM@gao.gov.
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    In U.S GAO News
    The Transportation Security Administration's (TSA) January 2020 TSA Efforts to Diversify Security Technology (strategy) addresses the requirements of the 2018 TSA Modernization Act (the Act) and outlines 12 strategic initiatives to increase small business participation in its marketplace. Moreover, the strategy's initiatives are generally consistent with common practices cited by comparable federal agencies, including vendor outreach and linking small businesses together with bigger contractors. TSA has not developed outcome-oriented performance measures, such as baseline goals or target timeframes to assess the effectiveness of the initiatives in its strategy. While TSA collects some output metrics on its initiatives, leading practices note that outcome-based measures can help track progress in meeting goals. TSA also has not collected data on small businesses' progress across its acquisition phases, such as capturing the overall time, costs, and ability to meet security requirements. Federal standards call for the use of quality information to achieve objectives. Small businesses GAO met with told us they continue to face challenges entering TSA's marketplace—such as navigating it's testing and evaluation process and identifying security requirements—despite TSA's efforts to address them through ongoing and planned initiatives. Developing outcome-oriented performance measures and collecting data, will better position TSA to assess the effectiveness of its initiatives to diversify its security technology marketplace. Examples of Transportation Security Administration (TSA) Security-Related Technologies With the ongoing threat of terrorism, TSA is looking to innovative technologies to improve security. In response to the Act, TSA developed a strategy to promote innovation and increase small business participation in its security technology marketplace. The Act includes a provision for GAO to review this strategy. This report examines, among other things, (1) the extent to which TSA's strategy includes the statutory requirements of the Act and compares to common practices of federal agencies to increase small business participation and (2) the extent to which TSA has performance measures and data to assess the effectiveness of its initiatives. GAO compared TSA's strategy to statutory requirements and practices of comparable federal agencies; interviewed TSA and federal officials from five selected agencies responsible for small and disadvantaged business programs, and a nongeneralizable set of small businesses selected to provide various perspectives on participating in TSA's acquisition processes; and analyzed data from the Federal Procurement Data System–Next Generation. GAO is making two recommendations, including that TSA (1) develop outcome-oriented performance measures and (2) collect data, where appropriate, on small businesses' progress across TSA's acquisition phases. DHS concurred with our recommendations. For more information, contact Triana McNeil at (202) 512-8777 or McNeilT@gao.gov.
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