Even During COVID, Courts Find Ways to Welcome New Americans

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  • New citizens, each standing on a marked spot, take their oaths in front of the federal courthouse in Minneapolis.
  • Chief Judge Julie A. Robinson, of the District of Kansas, speaks to immigrants at a naturalization ceremony.
  • Citizens take the Oath of Allegiance to the United States during a ceremony at the federal courthouse in Kansas City, Kansas.
  • Andrea Christian, a newly naturalized citizen from Brazil, celebrates with her family outside the federal courthouse in St. Louis.
  • In St. Louis, new citizens take the Oath of Allegiance in a recently established drive-in theater.
  • Citizens stand a socially distanced six feet apart in the lobby of the federal courthouse in Kansas City, Missouri.
  • New citizens take the Oath of Allegiance to the United States at a naturalization ceremony in Kansas City, Missouri.
  • U.S. District Judge Brian Davis, of the Middle District of Florida, naturalizes citizens in a U.S. Citizenship and Immigrations Services facility in Jacksonville.

When the coronavirus (COVID-19) pandemic first forced courthouses to limit access to the general public, one of the first events to be canceled was an especially joyous rite: the naturalization of new U.S. citizens.

In recent weeks, a growing number of courts have begun swearing in citizens again, but with a distinctly pandemic-influenced look. As always, hands have been raised for the Oath of Allegiance to the United States, and federal judges have offered warm words of welcome, but the participants all are masked and standing at a safe social distance.

Court officials have worked to balance caution with a sense of ceremony, knowing that naturalizations remain one of the most meaningful roles courts play in many people’s lives.

“We know that people who apply for citizenship demonstrate great commitment and patiently endure a long process to attain their dream of American citizenship,” said Chief Judge Julie A. Robinson, of the District of Kansas. “We are pleased we were able to swear in these new citizens in a safe environment so that they would suffer no further delay, despite the pandemic.”

More than a half-dozen courts have conducted naturalizations at courthouses and community settings, using various strategies to minimize health risks. In addition to the District of Kansas, they include the Southern District of Iowa, the Middle District of Florida, the Eastern District of Michigan, the District of Minnesota, the Eastern and Western Districts of Missouri, and the District of Wyoming.

Courts have permitted new citizens to take their oaths in varied settings. The Eastern District of Michigan partnered with U.S. Citizenship and Immigration Services to conduct a drive-through naturalization line in June.

And on July 2, the Eastern District of Missouri took advantage of a newly established drive-in theater in St. Louis that recently had been used for high school graduations. While the new citizens took their oaths in front of a stage, their families sat in cars, watching the ceremony from two big video screens with their car radios tuned for audio. 

Most ceremonies, though, have been conducted on courthouse property.

In the Western District of Missouri, new citizens stood on marked spaces six feet apart in the Kansas City, Missouri, courthouse lobby. Some court employees watched from a balcony above.

A happy new American displays his certificate of U.S. citizenship.

“This was one of those times you are so very proud to work with the court and the people in it,” said Court Executive Paige Wymore-Wynn. “Our judges were absolutely supportive of this effort, and the staff that put it together were just amazing.  To look out at the lobby and know we were making a true difference for these new citizens just takes your breath away.”

All courts have resorted to holding multiple small ceremonies to permit physical distancing.

The Western District of Missouri held 19 ceremonies over three days, swearing in more than 500 new citizens. The District of Kansas conducted eight 15-minute ceremonies daily, with 15 new citizens per ceremony—increasing to four 30-person ceremonies on the last day after local government restrictions were relaxed.

In the Eastern District of Missouri, the courthouse lobby in St. Louis was the site of a similar marathon, with 330 citizens naturalized during 39 naturalization ceremonies conducted over seven days. District, bankruptcy, and magistrate judges took turns officiating small ceremonies so that new citizens could safely distance themselves from each other.

“It was clear they were very excited to clear this last step on their way to American citizenship,” said Chief Judge Rodney W. Sippel, of the Eastern District of Missouri. “These new citizens have waited a long time and accomplished a lot of things to get to this moment.”

In Minneapolis, five small test ceremonies were held in May, with 10 new citizens each standing in pre-marked spaces in the plaza outside the courthouse. The court plans to continue using the same plan on a greater scale.

“The ceremony was very different, but it was just as meaningful; wonderful people becoming American citizens,” said Chief Judge John R. Tunheim, of the District of Minnesota, who presided over two of five ceremonies held May 27. “Our new citizens deserve not to have to wait any longer for the benefits and responsibilities of being American citizens. They add so much to our country and our communities.”

In Kansas, ceremonies were held on the first floor to limit possible spread of infection. After passing through a hand sanitation station, new citizens were seated six feet apart from one another.

Two women take their oaths in a parking lot outside the Principal Park baseball stadium in Des Moines Iowa.

Despite increased safety measures, many of the emotions typically present in a naturalization ceremony prevailed.

U.S. District Judge Daniel D. Crabtree, of the District of Kansas, told new citizens, “Even through your masks, I can see the smiles in your eyes, and my heart sings for you.”

Chief Judge Scott W. Skavdahl, of the District of Wyoming, said his court initially considered postponing a recent naturalization ceremony. “However, appreciating the significance of the event in their lives and that of their families, as well as the Court’s joy in holding them,” Skavdahl said, “it was determined that three separate ceremonies would be held.”

When Skavdahl asked the new citizens to share their thoughts, one woman from Ukraine spoke emotionally. “It is a huge privilege to be a citizen of the United States,” she said. “I fought a long journey for it. It took me 12 years, but I am very honored and happy. I won’t let you down.”

In each of the courts, family members could not attend the ceremonies in person. But relatives watched through courthouse windows in Western Missouri and Kansas. And the Kansas and Wyoming courts livestreamed audio and video of the naturalizations on YouTube.

“I could see many family members listening and watching the ceremony on their phones, while peeking through the windows,” said Kim Leininger, division manager of the Kansas City, Kansas, courthouse. “After the oath, they cheered and clapped just like they would have for a normal ceremony. The human spirit always amazes me, because where there is a will there is always a way.”

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    In 2013, the Transportation Security Administration (TSA) introduced the concept of third party testing—having an independent testing entity verify that a security screening system meets certain requirements. The concept is that screening system vendors would take this additional step either prior to submitting their technologies to TSA or if their system failed TSA's test and evaluation process. The goal is for third party testing to reduce the time and resources that TSA spends on its own testing. However, since introduced, TSA has directed only three vendors that failed TSA tests to use third party testing, with varying outcomes. In two other cases, TSA supplemented its test capabilities by using third party testers to determine that systems installed at airports were working properly. TSA officials and industry representatives pointed to several reasons for third party testing's limited use since 2013, such as the cost to industry to use third party testers and TSA's reluctance to date to accept third party test data as an alternative to its own. Despite this, TSA officials told GAO they hope to use third party testing more in the future. For example, in recent announcements to evaluate and qualify new screening systems, TSA stated that it will require a system that fails TSA testing to go to a third party tester to address the identified issues (see figure). Example of Use of Third Party Testing When a System Experiences a Failure in TSA's Testing TSA set a goal in 2013 to increase screening technology testing efficiency. In addition, TSA reported to Congress in January 2020 that third party testing is a part of its efforts to increase supplier diversity and innovation. However, TSA has not established metrics to determine third party testing's contribution toward the goal of increasing efficiency. Further, GAO found no link between third party testing and supplier diversity and innovation. Some TSA officials and industry representatives also questioned third party testing's relevance to these efforts. Without metrics to measure and assess the extent to which third party testing increases testing efficiency, TSA will be unable to determine the value of this concept. Similarly, without assessing whether third party testing contributes to supplier diversity and innovation, TSA cannot know if third party testing activities are contributing to these goals as planned. TSA relies on technologies like imaging systems and explosives detection systems to screen passengers and baggage to prevent prohibited items from getting on board commercial aircraft. As part of its process of acquiring these systems and deploying them to airports, TSA tests the systems to ensure they meet requirements. The 2018 TSA Modernization Act contained a provision for GAO to review the third party testing program. GAO assessed the extent to which TSA (1) used third party testing, and (2) articulated its goals and developed metrics to measure the effects of third party testing. GAO reviewed TSA's strategic plans, acquisition guidance, program documentation, and testing policies. GAO interviewed officials from TSA's Test and Evaluation Division and acquisition programs, as well as representatives of vendors producing security screening systems and companies providing third party testing services. GAO is recommending that TSA develop metrics to measure the effects of third party testing on efficiency, assess its effects on efficiency, and assess whether third party testing contributes to supplier diversity and innovation. DHS concurred with GAO's three recommendations and has actions planned to address them. For more information, contact Marie A. Mak at (202) 512-4841 or MakM@gao.gov.
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    The Federal Emergency Management Agency (FEMA) took steps prior to the 2018 disasters in the Commonwealth of the Northern Mariana Islands (CNMI), Guam, and Hawaii to facilitate response in the region, where time and distance from the continental United States create unique challenges. For instance, FEMA increased the capacity of two Pacific-area supply distribution centers and helped develop area specific disaster response plans. FEMA and its federal partners, such as the Department of Defense (DOD), had varied response roles, which local officials in the CNMI, Guam, and Hawaii considered effective. For example, DOD provided temporary roof repair for disaster survivors in the CNMI. Damage from Typhoon Yutu in the Commonwealth of the Northern Mariana Islands (left) and the Kilauea Volcano Eruption in Hawaii (right) As of October 2020, FEMA obligated $877 million—more than 70 percent of which was for Individual and Public Assistance missions—following the 2018 disasters and made progress addressing some region specific challenges. However, FEMA has not fully addressed housing assistance issues in the CNMI. For example, it experienced delays implementing its Permanent Housing Construction program in the CNMI due to contracting shortfalls and lack of experienced staff. As of October 2020, only about 30 percent of homes were completed and returned to survivors. GAO found that these housing assistance challenges are consistent with lessons learned from prior FEMA missions in other remote areas of the U.S. Developing guidance that addresses lessons learned in the Permanent Housing Construction program could help streamline assistance to disaster survivors. GAO also identified delays in FEMA's obligation of Public Assistance program funds—used to repair or replace disaster-damaged public infrastructure such as utilities, roads, and schools—in the CNMI, Guam, and Hawaii. Specifically, on average, it took over a year for FEMA to approve funds for projects awarded after the 2018 disasters. FEMA and local officials identified potential reasons for the delays, including cost estimation challenges. FEMA established cost factors in the CNMI to account for higher construction costs, and GAO found that FEMA collects some data on the timeliness of individual steps in the process. However, FEMA has not analyzed the data to help identify causes of the delays, which could allow it to target solutions to address them. The CNMI, Guam, and Hawaii experienced an unprecedented number of natural disasters in 2018—including typhoons, earthquakes, mudslides, and volcanic eruptions. FEMA is the lead federal agency responsible for helping states and territories prepare for, respond to, and recover from natural disasters. Due to the remoteness of Hawaii and the Pacific territories, disaster response and recovery can be challenging. Title IX of the Additional Supplemental Appropriations for Disaster Relief Act of 2019 includes a provision for GAO to review FEMA's response and recovery efforts for 2018 natural disasters, including those in the Pacific region. This report examines (1) how FEMA and its federal partners prepared for and responded to the 2018 disasters in the CNMI, Guam, and Hawaii; and (2) the extent to which FEMA assisted the CNMI, Guam, and Hawaii in recovering from the 2018 natural disasters. GAO analyzed program documents, response plans, and data on FEMA obligations, expenditures, and grant process steps as of October 2020; interviewed federal, state, territorial, and local officials; and visited disaster-damaged areas in Hawaii. GAO is making four recommendations, including that FEMA (1) incorporate lessons learned into Permanent Housing Construction guidance; and (2) use performance data to identify and address inefficiencies in the Public Assistance program. The Department of Homeland Security concurred, and FEMA is taking actions in response. For more information, contact Chris Currie at (404) 679-1875 or curriec@gao.gov.
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    GAO found that the Department of Veterans Affairs (VA) paid, on average, 54 percent less per unit for a sample of 399 brand-name and generic prescription drugs in 2017 as did Medicare Part D, even after accounting for applicable rebates and price concessions in the Part D program. GAO also found that 233 of the 399 drugs in the sample were at least 50 percent cheaper in VA than in Medicare, and 106 drugs were at least 75 percent cheaper. Only 43 drugs were cheaper in Medicare than in VA. The percent difference in price between the two programs was greater on average for generic drugs. Specifically, VA's prices were 68 percent lower than Medicare prices for the 203 generic drugs (an average difference of $0.19 per unit) and 49 percent lower for the 196 brand-name drugs (an average difference of $4.11 per unit). Average Per-Unit Net Prices Paid by Department of Veterans Affairs and Medicare Part D for Selected Drugs, 2017 Note: GAO's sample of 399 drugs included the top 100 brand-name and generic drugs in Medicare Part D in 2017, by: (1) highest expenditures; (2) highest utilization (by quantities dispensed); and (3) highest cost-per use. Per-unit prices are weighted to reflect differences in utilization in the two programs. Medicare prices reflect expenditures after accounting for rebates and other price concessions. While there are many factors that impact prices in the complex drug market, GAO identified several key program features that may contribute to the consistent price differential between VA and Medicare Part D. For example, Medicare's beneficiaries are divided among numerous prescription drug plans, which each negotiate drug prices with manufacturers. In contrast, VA is a single integrated health system with a unified list of covered drugs—thereby possibly strengthening its bargaining position when negotiating. In addition, VA has access to significant discounts defined by law, and can then negotiate further for lower prices. These discount prices are not available to Medicare Part D plans. GAO provided a draft of this product to HHS and VA for comment. Both agencies provided technical comments, which GAO incorporated as appropriate. In 2017, combined, Medicare Part D and VA accounted for approximately $105 billion in prescription drug sales—nearly one-third of total U.S. expenditures—and covered nearly 52 million individuals. The two programs use different methods to pay for prescription drugs. Medicare reimburses Part D plan sponsors, which in turn pay pharmacies to dispense drugs. VA primarily uses a direct purchase approach to acquire drugs from manufacturers. GAO was asked to examine differences in the amounts major federal programs paid for prescription drugs. This report: (1) compares average unit prices for prescription drugs in Medicare Part D to those in the VA; and (2) describes factors affecting prices in the two programs. GAO analyzed (1) CMS data for Medicare Part D payments to retail pharmacies as well as rebates and other price concessions Part D plans received and (2) VA drug purchasing data. These data were from 2017, the most recent data available at the time of GAO's analysis. To select a sample of drugs GAO identified the top 100 brand-name and 100 generic drugs in Medicare Part D in 2017 for three categories: (1) highest expenditure, (2) highest utilization, and (3) highest cost-per use. In total, this yielded 399 non-duplicate drugs (203 generic and 196 brand-name), which represented 44 percent of Medicare Part D spending in 2017. GAO compared weighted average unit prices for these drugs. GAO interviewed CMS and VA officials, and reviewed academic and government reports to understand factors that may affect prices in the two programs. For more information, contact John Dicken at (202) 512-7114 or dickenj@gao.gov.
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    Few of the 23 civilian Chief Financial Officers Act agencies had implemented seven selected foundational practices for managing information and communications technology (ICT) supply chain risks. Supply chain risk management (SCRM) is the process of identifying, assessing, and mitigating the risks associated with the global and distributed nature of ICT product and service supply chains. Many of the manufacturing inputs for these ICT products and services originate from a variety of sources throughout the world. (See figure 1.) Figure 1: Examples of Locations of Manufacturers or Suppliers of Information and Communications Technology Products and Services None of the 23 agencies fully implemented all of the SCRM practices and 14 of the 23 agencies had not implemented any of the practices. The practice with the highest rate of implementation was implemented by only six agencies. Conversely, none of the other practices were implemented by more than three agencies. Moreover, one practice had not been implemented by any of the agencies. (See figure 2.) Figure 2: Extent to Which the 23 Civilian Chief Financial Officers Act Agencies Implemented Information and Communications Technology (ICT) Supply Chain Risk Management (SCRM) Practices As a result of these weaknesses, these agencies are at a greater risk that malicious actors could exploit vulnerabilities in the ICT supply chain causing disruption to mission operations, harm to individuals, or theft of intellectual property. For example, without establishing executive oversight of SCRM activities, agencies are limited in their ability to make risk decisions across the organization about how to most effectively secure their ICT product and service supply chains. Moreover, agencies lack the ability to understand and manage risk and reduce the likelihood that adverse events will occur without reasonable visibility and traceability into supply chains. Officials from the 23 agencies cited various factors that limited their implementation of the foundational practices for managing supply chain risks. The most commonly cited factor was the lack of federal SCRM guidance. For example, several agencies reported that they were waiting for federal guidance to be issued from the Federal Acquisition Security Council—a cross-agency group responsible for providing direction and guidance to executive agencies to reduce their supply chain risks—before implementing one or more of the foundational practices. According to Office of Management and Budget (OMB) officials, the council expects to complete this effort by December 2020. While the additional direction and guidance from the council could further assist agencies with the implementation of these practices, federal agencies currently have guidance to assist with managing their ICT supply chain risks. Specifically, the National Institute of Standards and Technology (NIST) issued ICT SCRM-specific guidance in 2015 and OMB has required agencies to implement ICT SCRM since 2016. Until agencies implement all of the foundational ICT SCRM practices, they will be limited in their ability to address supply chain risks across their organizations effectively. Federal agencies rely extensively on ICT products and services (e.g., computing systems, software, and networks) to carry out their operations. However, agencies face numerous ICT supply chain risks, including threats posed by counterfeiters who may exploit vulnerabilities in the supply chain and, thus, compromise the confidentiality, integrity, or availability of an organization's systems and the information they contain. For example, in September 2019, the Department of Homeland Security's Cybersecurity and Infrastructure Security Agency reported that federal agencies faced approximately 180 different ICT supply chain-related threats. To address threats such as these, agencies must make risk-based ICT supply chain decisions about how to secure their systems. GAO was asked to conduct a review of federal agencies' ICT SCRM practices. The specific objective was to determine the extent to which federal agencies have implemented foundational ICT SCRM practices. To do so, GAO identified seven practices from NIST guidance that are foundational for an organization-wide approach to ICT SCRM and compared them to policies, procedures, and other documentation from the 23 civilian Chief Financial Officers Act agencies. This is a public version of a sensitive report that GAO issued in October 2020. Information that agencies deemed sensitive was omitted and GAO substituted numeric identifiers that were randomly assigned for the names of the agencies due to sensitivity concerns. The foundational practices comprising ICT SCRM are: establishing executive oversight of ICT activities, including designating responsibility for leading agency-wide SCRM activities; developing an agency-wide ICT SCRM strategy for providing the organizational context in which risk-based decisions will be made; establishing an approach to identify and document agency ICT supply chain(s); establishing a process to conduct agency-wide assessments of ICT supply chain risks that identify, aggregate, and prioritize ICT supply chain risks that are present across the organization; establishing a process to conduct a SCRM review of a potential supplier that may include reviews of the processes used by suppliers to design, develop, test, implement, verify, deliver, and support ICT products and services; developing organizational ICT SCRM requirements for suppliers to ensure that suppliers are adequately addressing risks associated with ICT products and services; and developing organizational procedures to detect counterfeit and compromised ICT products prior to their deployment. GAO also interviewed relevant agency officials. In the sensitive report, GAO made a total of 145 recommendations to the 23 agencies to fully implement foundational practices in their organization-wide approaches to ICT SCRM. Of the 23 agencies, 17 agreed with all of the recommendations made to them; two agencies agreed with most, but not all of the recommendations; one agency disagreed with all of the recommendations; two agencies neither agreed nor disagreed with the recommendations, but stated they would address them; and one agency had no comments. GAO continues to believe that all of the recommendations are warranted, as discussed in the sensitive report. For more information, contact Carol C. Harris at (202) 512-4456 or harrisCC@gao.gov.
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  • Veterans Health Care: Agency Efforts to Provide and Study Prosthetics for Small but Growing Female Veteran Population
    In U.S GAO News
    The Department of Veterans Affairs' (VA) Veterans Health Administration (VHA) provides veterans with prosthetic services to assist with their mobility, vision, and hearing needs. The proportion of prosthetics VHA provided to female veterans has been small compared to the share provided to male veterans. However, in fiscal years 2015 to 2019, this proportion grew from 6.8 percent to 7.9 percent and accounted for about $889.1 million of the $15.4 billion total cost of prosthetics. Artificial limbs comprised a relatively small number of the total prosthetics VHA provided to veterans in fiscal years 2015 to 2019; however, veterans who use artificial limbs have complex needs and are significant users of health care services. VHA provided prosthetic services to a small but growing female veteran amputee population (almost 3 percent of veteran amputees in fiscal year 2019), who were generally younger than male veteran amputees. VHA has established an individualized patient care approach in its Amputation System of Care that seeks to address the prosthetic needs of each veteran, including accounting for gender-specific factors. VHA officials said that using a standardized, multidisciplinary approach across VA medical facilities also helps them incorporate the concerns and preferences of female veterans. For example, veterans are provided care by a team that includes a physician, therapist, prosthetist (clinician who helps evaluate prosthetic needs and then designs, fabricates, fits, and adjusts artificial limbs), and other providers as needed. Female veteran amputees GAO spoke with at one VA medical facility said they were satisfied with their VHA care. They also noted a lack of commercially available prosthetic options that VHA providers can use to meet women's needs. Examples of Female Veterans' Artificial Limb Prosthetics Women are generally studied less than their male counterparts in prosthetic and amputee rehabilitation research. VHA designated prosthetics for female veterans a national research priority in 2017, and has funded eight related studies as of May 2020: four pertain to lower limb amputation, three pertain to upper limb amputation, and one pertains to wheelchairs. VHA officials noted the importance of this research priority and the ongoing challenge of recruiting study participants due to the small female veteran population. VHA researchers said they employ various tactics to address this challenge, such as using multi-site studies and recruiting participants from the non-veteran population. Women are the fastest growing veteran subpopulation, with the number of female veterans using VHA health care services increasing 29 percent from 2014 to 2019. Female veterans accounted for an estimated 10 percent of the total veteran population in fiscal year 2019. They are eligible to receive a full range of VHA health care services, including obtaining prosthetics. House Report 115-188 included a provision for GAO to review VHA's prosthetic services for female veterans. This report examines 1) trends in prosthetics provided by VHA to female veterans; 2) characteristics of the female veteran population with limb loss and how VHA provides prosthetic services to these veterans through its Amputation System of Care; and 3) VHA's research efforts and the challenges that exist in studying prosthetics for female veterans with limb loss. GAO analyzed VHA documents, as well as data from fiscal years 2015 to 2019 on prosthetics and veterans with amputations. GAO interviewed agency officials from VHA central office and officials and female veteran amputees at two VA medical facilities selected for expertise in amputation care and prosthetics research activities. In addition, GAO interviewed VHA researchers conducting studies on prosthetics for female veterans. GAO provided a draft of this report to VA. VA provided general and technical comments, which were incorporated as appropriate. For more information, contact Jessica Farb at (202) 512-7114 or farbj@gao.gov.
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    Within the Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE) met its goal to expand the 287(g) program. However, ICE has not established performance goals that cover all program activities, such as ICE's oversight of its law enforcement agency (LEA) partners, or measures to assess the program's performance, such as the percentage of LEA partners in compliance with annual training requirements. As a result, ICE is not well-positioned to determine the extent to which the program is achieving intended results. ICE considers a number of factors, such as LEAs' capability to act as an ICE force multiplier, when reviewing their suitability to join the program; however, ICE has not assessed how to optimize the use of its resources and program benefits to guide its recruitment of future 287(g) participants. For example, ICE has two models in which LEAs can participate with varying levels of immigration enforcement responsibilities. In the Jail Enforcement Model (JEM), designated state or local officers identify and process removable foreign nationals who have been arrested and booked into the LEA's correctional facility, whereas in the Warrant Service Officer (WSO) model, the designated officers only serve warrants to such individuals. However, ICE has not assessed the mix of participants for each model that would address resource limitations, as each model has differing resource and oversight requirements. By assessing how to leverage its program resources and optimize benefits received, ICE could approach recruitment more strategically and optimize program benefits. 287(g) Participants in January 2017 and September 2020 ICE uses a number of mechanisms to oversee 287(g) JEM participants' compliance with their agreements, such as conducting inspections and reviewing reported complaints. However, at the time of GAO's review, ICE did not have an oversight mechanism for participants' in the WSO model. For example, ICE did not have clear policies on 287(g) field supervisors' oversight responsibilities or plan to conduct compliance inspections for WSO participants. An oversight mechanism could help ICE ensure that WSO participants comply with their 287(g) agreement and other relevant ICE policies and procedures. The 287(g) program authorizes ICE to enter into agreements with state and local law enforcement agencies to assist with enforcing immigration laws. The program expanded from 35 agreements in January 2017 to 150 as of September 2020. GAO was asked to review ICE's management and oversight of the program. This report examines (1) the extent to which ICE has developed performance goals and measures to assess the 287(g) program; (2) how ICE determines eligibility for 287(g) program participation and considers program resources; and (3) how ICE conducts oversight of 287(g) program participant compliance and addresses noncompliance. GAO reviewed ICE policies and documentation, and interviewed officials from ICE headquarters and field offices. GAO also interviewed 11 LEAs selected based on the type of 287(g) agreement, length of participation, and facility type (e.g. state or local).While not generalizable, information collected from the selected LEAs provided insights into 287(g) program operations and oversight of program participants. GAO analyzed data on 287(g) inspection results and complaints from fiscal years 2015 through 2020. GAO recommends that ICE (1) establish performance goals and related performance measures; (2) assess the 287(g) program's composition to help leverage its resources and optimize program benefits; and (3) develop and implement an oversight mechanism for the WSO model. DHS concurred with the recommendations. For more information, contact Rebecca Gambler at (202) 512-8777 or GamblerR@gao.gov.
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    What GAO Found The National Nuclear Security Administration (NNSA)—within the Department of Energy (DOE)—and its contractors may have limited information on the prevalence of sexual harassment within the nuclear security forces. NNSA's nuclear security forces include federal agents in NNSA's Office of Secure Transportation (OST), which is responsible for transporting nuclear materials, and contracted guard forces at four of its sites. Federal officials at NNSA and contractor representatives at four NNSA sites that process weapons-usable nuclear material reported very few cases of sexual harassment from fiscal years 2015 through 2020. Research shows that the least common response to harassment is to report it or file a complaint. The U.S. Equal Employment Opportunity Commission (EEOC)—which enforces federal laws prohibiting harassment—suggests organizations survey employees to assess the extent to which harassment is a problem in their organization. NNSA does not survey employees on this topic, nor does NNSA call for such surveys in its contracts for security forces. Because NNSA relies solely on reported incidents, it may not have full knowledge into the nature or extent of sexual harassment in OST or by its contractors at its sites. Surveying employees would better position them to identify actions to effectively prevent and respond to harassment. To varying degrees, NNSA and its contractors follow EEOC's recommended practices to prevent and respond to sexual harassment in their nuclear security forces. For example, with respect to recommended training practices, NNSA and its contractors provide antiharassment training to all employees, but only one force offers workplace-specific training that addresses sexual harassment risk factors relevant to the security forces. Because NNSA has not formally reviewed EEOC's practices and considered which to adopt for its nuclear security forces, or made similar considerations for its security force contractors, the agency may be missing opportunities to prevent and respond to sexual harassment. Selected EEOC Practices for Effective Training to Prevent and Respond to Sexual Harassment and Number of NNSA's Nuclear Security Forces That Reflect Those Practices in Training EEOC Promising Practice Number of forces that reflect the practice Provided to employees at every level and location of the organization 5 of 5 Tailored to the specific workplace and workforce 1 of 5 Explains the complaint process, as well as any voluntary alternative dispute resolution processes 2 of 5 Explains the range of possible consequences for engaging in prohibited conduct 1 of 5 Source: GAO comparison of National Nuclear Security Administration (NNSA) and protective force contractor information with the U.S. Equal Employment Opportunity Commission's (EEOC) November 2017 Promising Practices for Preventing Harassment . | GAO-21-307 EEOC has found that NNSA and DOE do not meet all EEOC requirements relevant to preventing and responding to sexual harassment. For example, NNSA does not have an antiharassment program or a compliant antiharassment policy. According to EEOC officials, NNSA and DOE efforts to date have improved some aspects of their EEO programs, but because the agencies have not fully implemented their plans to address deficiencies identified by EEOC, DOE and NNSA may be missing opportunities to establish and maintain effective programs that include protection from and response to sexual harassment. Why GAO Did This Study Federal law prohibits sexual harassment in the workplace. Besides being harmful to those harassed, sexual harassment can decrease organizational performance and increase turnover. In January 2019, public allegations of sexual harassment in NNSA's nuclear security forces drew attention to this issue. House Report 116-120 provided that GAO review sexual harassment in NNSA's nuclear security force. This report examines (1) what NNSA and its contractors know about the prevalence of sexual harassment in their nuclear security forces, (2) the extent to which NNSA and its contractors implement EEOC recommendations to prevent and respond to sexual harassment, and (3) the extent to which EEOC found that NNSA and DOE meet its requirements relevant to sexual harassment. GAO reviewed information on sexual harassment and programs to address such harassment at DOE and NNSA from fiscal years 2015 through 2020. GAO analyzed documents and data, conducted a literature review, interviewed NNSA officials, and compared NNSA and contractor actions with EEOC-recommended practices for preventing harassment.
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