Former Union Official Sentenced for Violent Extortion

An Indiana man and former business agent of Iron Workers Local 395 was sentenced today to more than four years in prison for conspiracy to commit Hobbs Act extortion.

More from: May 3, 2021

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  • High-Risk Series: Dedicated Leadership Needed to Address Limited Progress in Most High-Risk Areas
    In U.S GAO News
    Overall ratings in 2021 for 20 of GAO's 2019 high-risk areas remain unchanged, and five regressed. Seven areas improved, one to the point of removal from the High-Risk List. Two new areas are being added, bringing our 2021 High-Risk List to 36 areas. Where there has been improvement in high-risk areas, congressional actions, in addition to those by executive agencies, have been critical in spurring progress. GAO is removing Department of Defense (DOD) Support Infrastructure Management from the High-Risk List. Among other things, DOD has more efficiently utilized military installation space; reduced its infrastructure footprint and use of leases, reportedly saving millions of dollars; and improved its use of installation agreements, reducing base support costs GAO is narrowing the scope of three high-risk areas by removing segments of the areas due to progress that has been made. The affected areas are: (1) Federal Real Property (Costly Leasing) because the General Services Administration has reduced its reliance on costly leases and improved monitoring efforts; (2) DOD Contract Management (Acquisition Workforce) because DOD has significantly rebuilt its acquisition workforce; and (3) Management of Federal Oil and Gas Resources (Offshore Oil and Gas Oversight) because the Department of the Interior's Bureau of Safety and Environmental Enforcement has implemented reforms improving offshore oil and gas oversight. National Efforts to Prevent, Respond to, and Recover from Drug Misuse is being added to the High-Risk List. National rates of drug misuse have been increasing, and drug misuse has resulted in significant loss of life and harmful effects to society and the economy. GAO identified several challenges in the federal government's response, such as a need for greater leadership and coordination of the national effort, strategic guidance that fulfills all statutory requirements, and more effective implementation and monitoring. Emergency Loans for Small Businesses also is being added. The Small Business Administration has provided hundreds of billions of dollars' worth of loans and advances to help small businesses recover from adverse economic impacts created by COVID-19. While loans have greatly aided many small businesses, evidence of fraud and significant program integrity risks need much greater oversight and management attention. Nine existing high-risk areas also need more focused attention (see table). 2021 High-Risk List Areas Requiring Significant Attention High-risk areas that regressed since 2019 High-risk areas that need additional attention USPS Financial Viability IT Acquisitions and Operations Decennial Census Limiting the Federal Government's Fiscal Exposure by Better Managing Climate Change Risks Ensuring the Cybersecurity of the Nation U.S. Government's Environmental Liability Strategic Human Capital Management Improving Federal Oversight of Food Safety EPA's Process for Assessing and Controlling Toxic Chemicals   Source: GAO. | GAO-21-119SP   GAO's 2021 High-Risk List High-risk area Change since 2019 Strengthening the Foundation for Efficiency and Effectiveness Strategic Human Capital Management ↓ Managing Federal Real Propertya ↑ Funding the Nation's Surface Transportation Systemb c n/a Modernizing the U.S. Financial Regulatory Systemb ● Resolving the Federal Role in Housing Financeb ● USPS Financial Viabilityb ↓ Management of Federal Oil and Gas Resourcesa ● Limiting the Federal Government's Fiscal Exposure by Better Managing Climate Change Risksb ● Improving the Management of IT Acquisitions and Operations ● Improving Federal Management of Programs That Serve Tribes and Their Members ● Decennial Census ↓ U.S. Government's Environmental Liabilityb ● Emergency Loans for Small Businesses (new)c n/a Transforming DOD Program Management DOD Weapon Systems Acquisition ● DOD Financial Management ↑ DOD Business Systems Modernization ● DOD Approach to Business Transformation ● Ensuring Public Safety and Security Government-wide Personnel Security Clearance Processb ↑ Ensuring the Cybersecurity of the Nationb ↓ Strengthening Department of Homeland Security Management Functions ● Ensuring the Effective Protection of Technologies Critical to U.S. National Security Interests ● Improving Federal Oversight of Food Safetyb ● Protecting Public Health through Enhanced Oversight of Medical Products ● Transforming EPA's Process for Assessing and Controlling Toxic Chemicals ↓ National Efforts to Prevent, Respond to, and Recover from Drug Misuse (new)c n/a Managing Federal Contracting More Effectively VA Acquisition Managementd n/a DOE's Contract and Project Management for the National Nuclear Security Administration and Office of Environmental Management ↑ NASA Acquisition Management ↑ DOD Contract Managementa ● Assessing the Efficiency and Effectiveness of Tax Law Administration Enforcement of Tax Lawsb ● Modernizing and Safeguarding Insurance and Benefit Programs Medicare Program & Improper Paymentse ● Strengthening Medicaid Program Integrityb ● Improving and Modernizing Federal Disability Programs ● Pension Benefit Guaranty Corporation Insurance Programsb c n/a National Flood Insurance Programb ● Managing Risks and Improving VA Health Careb ↑ (↑ indicates area progressed on one or more criteria since 2019; ↓ indicates area declined on one or more criteria ; ● indicates no change; n/a = not applicable) Source: GAO. | GAO-21-119SP aRatings for a segment within this high-risk area improved sufficiently that the segment was removed. bLegislation is likely to be necessary in order to effectively address this high-risk area. cNot rated, because this high-risk area is newly added or primarily involves congressional action. dRated for the first time, because this high-risk area was newly added in 2019. eOnly rated on one segment; we did not rate other elements of the Medicare program. The federal government is one of the world's largest and most complex entities; about $6.6 trillion in outlays in fiscal year 2020 funded a broad array of programs and operations. GAO's High-Risk Series identifies government operations with vulnerabilities to fraud, waste, abuse, and mismanagement, or in need of transformation to address economy, efficiency, or effectiveness challenges. This biennial update describes the status of high-risk areas, outlines actions that are still needed to assure further progress, and identifies any new high-risk areas needing attention by the executive branch and Congress. Solutions to high-risk problems save billions of dollars, improve service to the public, and strengthen government performance and accountability. GAO uses five criteria to assess progress in addressing high-risk areas: (1) leadership commitment, (2) agency capacity, (3) an action plan, (4) monitoring efforts, and (5) demonstrated progress. This report describes GAO's views on progress made and what remains to be done to bring about lasting solutions for each high-risk area. Addressing GAO's hundreds of open recommendations across the high-risk areas and continued congressional oversight and action are essential to achieving greater progress. For more information, contact Michelle Sager at (202) 512-6806 or sagerm@gao.gov.
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  • Heavy Lift Helicopter Program: Navy Should Address Cost and Schedule Risks
    In U.S GAO News
    Fifteen years into development, the CH-53K program has made progress in testing the aircraft. Program documentation indicates that there is a moderate risk of not demonstrating the required levels of reliability or payload carrying weight by the end of operational testing. The technical issues identified during testing caused program milestones to slip. For example, the full-rate production decision was delayed by nearly 7 years—from December 2015 to November 2022. CH-53K total program costs also increased by nearly $15.3 billion since the program began due to technical issues and a quantity increase fielded helicopters from 156 to 200. The program faces several challenges going forward. First, the schedule for completing the development of the CH-53K does not meet all of the leading practices, which makes the schedule unreliable. Specifically, GAO found that the master schedule is not fully credible or well-constructed. For example, the schedule indicates there is more flexibility in the schedule than it truly has, which can affect the ability to change allocated resources appropriately to meet schedule milestones. Second, the program faces potential further cost increases due to concurrency—or overlap between testing and procurement—which has increased due to delays in the completion of testing. In previous reviews of weapon systems, GAO found that while some concurrency is understandable, it can also result in cost increases and schedule delays, and deny timely, critical information to policy makers. Concurrency, coupled with plans for increased numbers of helicopters to be produced, beyond the six per year currently being built, could result in costly retrofits to helicopters built before the completion of operational testing. This testing will provide decision makers needed information on the resolution of the technical issues facing the program (see figure). CH-53K Helicopter Testing and Procurement, Fiscal Years 2017-2030 The Marine Corps is replacing its aging CH-53E helicopters with the CH-53K heavy-lift helicopter. Designed as an evolution of the CH-53E, the CH-53K is intended to transport armored vehicles, equipment, and personnel from ships to deep inland locations. The CH-53K program office is overseen by the Department of the Navy. As we have previously reported, the program has experienced delayed milestones and cost increases from almost its inception in 2005, in part, due to technical issues. GAO was asked to review the CH-53K program. This report examines the program's (1) progress toward completing testing and demonstrating system experience, (2) schedule and cost performance to date, and (3) potential future challenges. GAO analyzed cost, schedule, performance, test, manufacturing, and planning documents; and interviewed officials from the CH-53K program office, other defense offices—such as the Defense Contract Management Agency—the testing community, and the prime contractor, Sikorsky. GAO recommends that the Navy take steps to ensure the CH-53K schedule is credible and well-constructed, and that the Navy should not exceed the current annual procurement of six helicopters per year until the completion of initial operational test and evaluation. The Department of Defense did not concur with these recommendations. GAO continues to believe that the recommendations are valid, as discussed in this report. For more information, contact Jon Ludwigson at (202) 512-4841 or ludwigsonj@gao.gov.
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  • Indian Health Service: Actions Needed to Improve Oversight of Provider Misconduct and Substandard Performance
    In U.S GAO News
    The Indian Health Service's (IHS) policies related to provider misconduct and substandard performance outline several key aspects of oversight, such as protecting children against sexual abuse by providers, ethical and professional conduct, and processes for managing an alleged case of misconduct. Although the Department of Health and Human Services (HHS) or IHS headquarters have established most of these policies, area offices that are responsible for overseeing facility operations and facilities, such as hospitals, may develop and issue their own policies as long as they are consistent with headquarters' policies, according to officials. Although some oversight activities are performed at IHS headquarters, IHS has delegated primary responsibility for oversight of provider misconduct and substandard performance to the area offices. However, GAO found some inconsistencies in oversight activities across IHS areas and facilities. For example, Although all nine area offices require that new supervisors attend mandatory supervisory training, most area offices provided additional trainings related to provider misconduct and substandard performance. The content of these additional trainings varied across area offices. For example, three area offices offered training on conducting investigations of alleged misconduct, while other area offices did not. Officials from IHS headquarters told GAO they do not systematically review trainings developed by the areas to ensure they are consistent with policy or IHS-wide training. Facility governing boards—made up of IHS area office officials, including the Area Director, and facility officials, such as the Chief Executive Officer—are responsible for overseeing each facility's quality of and access to care. They generally review information related to provider misconduct and substandard performance. However, there is no standard format used by governing boards to document their review, making it difficult to determine the extent this oversight is consistently conducted. In some cases, there was no documentation by governing boards of a discussion about provider misconduct or substandard performance. For example, none of the seven governing board meeting minutes provided from one area office documented their discussion of patient complaints. In other cases, there was detailed documentation of the governing board's review. Additionally, governing boards did not always clearly document how or why an oversight decision, such as whether to grant privileges to a provider, had been made based on their review of available information. These inconsistencies in IHS's oversight activities could limit the agency's efforts to oversee provider misconduct and substandard performance. For example, by not reviewing trainings developed by area offices, IHS headquarters may also be unable to identify gaps in staff knowledge or best practices that could be applied across area offices. Addressing these inconsistencies would better position the agency to effectively protect patients from abuse and harm resulting from provider misconduct or substandard performance. IHS provides care to American Indians and Alaska Natives (AI/AN) through a system of federally and tribally operated facilities. Recent cases of alleged and confirmed misconduct and substandard performance by IHS employees have raised questions about protecting the AI/AN population from abuse and harm. For example, in February 2020, a former IHS pediatrician was sentenced to five consecutive lifetime terms for multiple sex offenses against children. Several studies have been initiated or completed in response, and IHS has reported efforts to enhance safe and quality care for its patients. GAO was asked to review IHS oversight of misconduct and substandard performance. This report (1) describes IHS policies related to provider misconduct and substandard performance and (2) assesses IHS oversight of provider misconduct and substandard performance. GAO reviewed policies and documents, including minutes from 80 governing board meetings from January 2018 to December 2019. GAO also interviewed IHS officials from headquarters, all nine area offices with two or more federally operated facilities, and two federally operated facilities. GAO is making three recommendations, including that IHS should establish a process to review area office trainings as well as establish a standard approach for documenting governing board review of information. HHS concurred with these recommendations. For more information, contact Jessica Farb at (202) 512-7114 or farbj@gao.gov.
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  • Financial Stability: Agencies Have Not Found Leveraged Lending to Significantly Threaten Stability but Remain Cautious Amid Pandemic
    In U.S GAO News
    In the years before the economic shock from the COVID-19 pandemic, the Financial Stability Oversight Council (FSOC) and others assessed the potential risks to financial stability that leveraged loans and collateralized loan obligation (CLO) securities may pose. Generally, leveraged loans are those made to businesses with poor credit and high debt, and CLO securities are backed by these loans. FSOC and others found that riskier borrower profiles and looser underwriting standards left leveraged lending market participants vulnerable to losses in the event of a downturn. After the COVID-19 shock in March 2020, loans suffered record downgrades and increased defaults, but the highest-rated CLO securities remained resilient. Although regulators monitoring the effects of the pandemic remain cautious, as of September 2020, they had not found that leveraged lending presented significant threats to financial stability. Based on regulators' assessments, leveraged lending activities had not contributed significantly to the distress of any large financial entity whose failure could threaten financial stability. Large banks' strong capital positions have allowed them to manage their leveraged lending exposures, and the exposure of insurers and other investors also appeared manageable. Mutual funds experienced redemptions by investors but were able to meet them in part by selling leveraged loan holdings. While this may have put downward pressure on already-distressed loan prices, based on regulators' assessments, distressed leveraged loan prices did not pose a potential threat to financial stability. Present-day CLO securities appear to pose less of a risk to financial stability than did similar securities during the 2007–2009 financial crisis, according to regulators and market participants. For example, CLO securities have better investor protections, are more insulated from market swings, and are not widely tied to other risky, complex instruments. FSOC monitors leveraged-lending-related risks primarily through its monthly Systemic Risk Committee meetings, but opportunities exist to enhance FSOC's abilities to respond to financial stability threats. FSOC identified leveraged lending activities as a source of potential risk to financial stability before the COVID-19 shock and recommended continued monitoring and analysis. However, FSOC does not conduct tabletop or similar scenario-based exercises where participants discuss roles and responses to hypothetical emergency scenarios. As a result, FSOC is missing an opportunity to enhance preparedness and test members' coordinated response to financial stability risks. Further, as GAO reported in 2016, FSOC does not generally have clear authority to address broader risks that are not specific to a particular financial entity, such as risks from leveraged lending. GAO recommended that Congress consider better aligning FSOC's authorities with its mission to respond to systemic risks, but Congress had not done so as of September 2020. GAO maintains that changes such as broader designation authority would help FSOC respond to risks from activities that involve many regulators, such as leveraged lending. The market for institutional leveraged loans grew from an estimated $0.5 trillion in 2010 to $1.2 trillion in 2019, fueled largely by investor demand for CLO securities. Some observers and regulators have drawn comparisons to the pre-2008 subprime mortgage market, noting that loan origination and securitization may similarly spread risks to the financial system. These fears are being tested by the COVID-19 pandemic, which has significantly affected leveraged businesses. This report examines assessments by regulators, FSOC, and others—both before and after the COVID-19 shock to the economy—of the potential risks to financial stability stemming from leveraged lending activities, and the extent to which FSOC monitors and responds to risks from broad-based activities like leveraged lending, among other objectives. GAO examined agency and private data on market size and investor exposures; reviewed agency, industry, and international reports; and interviewed federal financial regulators and industry participants. GAO recommends that the Secretary of the Treasury, as Chairperson of FSOC, conduct scenario-based exercises intended to evaluate capabilities for responding to crises. GAO also reiterates its 2016 recommendation (GAO-16-175) that Congress consider legislative changes to align FSOC's authorities with its mission. FSOC neither agreed nor disagreed with the recommendation, but said that it would take further actions if it determined necessary. For more information, contact Michael E. Clements at (202) 512-8678 or ClementsM@gao.gov.
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  • Defined Contribution Plans: Federal Guidance Could Help Mitigate Cybersecurity Risks in 401(k) and Other Retirement Plans
    In U.S GAO News
    What GAO Found In their role administering private sector employer-sponsored defined contribution (DC) retirement plans, such as 401(k) plans, plan sponsors and their service providers—record keepers, third party administrators, custodians, and payroll providers—share a variety of personally identifiable information (PII) and plan asset data among them to assist with carrying out their respective functions (see figure). The PII exchanged for DC plans typically include participant name, Social Security number, date of birth, address, username/password; plan asset data typically includes numbers for both retirement and bank accounts. The sharing and storing of this information can lead to significant cybersecurity risks for plan sponsors and their service providers, as well as plan participants. Data Sharing Among Plan Sponsors and Service Providers in Defined Contribution Plans Federal requirements and industry guidance exist that could mitigate cybersecurity risks in DC plans, such as requirements that pertain to entities that directly engage in financial activities involving DC plans. However, not all entities involved in DC plans are considered to have such direct engagement, and other cybersecurity mitigation guidance is voluntary. Federal law nevertheless requires plan fiduciaries to act prudently when administering plans. However, the Department of Labor (DOL) has not clarified fiduciary responsibility for mitigating cybersecurity risks, even though 21 of 22 stakeholders GAO interviewed expressed the view that cybersecurity is a fiduciary duty. Further, DOL has not established minimum expectations for protecting PII and plan assets. DOL officials told GAO that the agency intends to issue guidance addressing cybersecurity-related issues, but they were unsure when it would be issued. Until DOL clarifies responsibilities for fiduciaries and provides minimum cybersecurity expectations, participants' data and assets will remain at risk. Why GAO Did This Study Cyber attacks against information systems (IT) are perpetuated by individuals or groups with malicious intentions, from stealing identities to appropriating money from accounts. DC plans, which allow individuals to accumulate tax-advantaged retirement savings, increasingly rely on the internet and IT systems for their administration. Accordingly, the need to secure these systems has become paramount. Ineffective data security controls can result in significant risks to plan data and assets. In 2018, DC plans enrolled 106 million participants and held nearly $6.3 trillion in assets, according to DOL. This report examines (1) the data that sponsors and providers exchange during the administration of DC plans and their associated cybersecurity risks, and (2) efforts to assist sponsors and providers to mitigate cybersecurity risks during the administration of DC plans. GAO interviewed key entities involved with DC plans, such as sponsors and record keepers, DOL officials and industry stakeholders; and reviewed relevant federal laws, regulations, and guidance.
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  • Nuclear Weapons: Action Needed to Address the W80-4 Warhead Program’s Schedule Constraints
    In U.S GAO News
    The National Nuclear Security Administration (NNSA), a separately organized agency within the Department of Energy (DOE), has identified a range of risks facing the W80-4 nuclear warhead life extension program (LEP)—including risks related to developing new technologies and manufacturing processes as well as reestablishing dormant production capabilities. NNSA is managing these risks using a variety of processes and tools, such as a classified risk database. However, NNSA has introduced potential risk to the program by adopting a date (September 2025) for the delivery of the program's first production unit (FPU) that is more than 1 year earlier than the date projected by the program's own schedule risk analysis process (see figure). NNSA and Department of Defense (DOD) officials said that they adopted the September 2025 date partly because the National Defense Authorization Act for fiscal year 2015 specifies that NNSA must deliver the first warhead unit by the end of fiscal year 2025, as well as to free up resources for future LEPs. However, the statute allows DOE to obtain an extension, and, according to best practices identified in GAO's prior work, program schedules should avoid date constraints that do not reflect program realities. Adopting an FPU date more consistent with the date range identified as realistic in the W80-4 program's schedule risk analysis, or justifying an alternative date based on other factors, would allow NNSA to better inform decision makers and improve alignment between schedules for the W80-4 program and DOD's long-range standoff missile (LRSO) program. W80-4 Life Extension Program Phases and Milestone Dates NNSA substantially incorporated best practices in developing the preliminary lifecycle cost estimate for the W80-4 LEP, as reflected in the LEP's weapon design and cost report. GAO assessed the W80-4 program's cost estimate of $11.2 billion against the four characteristics of a high quality, reliable cost estimate: comprehensive, well-documented, accurate, and credible. To develop a comprehensive cost estimate, NNSA instituted processes to help ensure consistency across the program. The program also provided detailed documentation to substantiate its estimate and assumptions. To help ensure accuracy, the cost estimate drew on historic data from prior LEPs. Finally, to support a credible estimate, NNSA reconciled the program estimate with an independent cost estimate. GAO considers a cost estimate to be reliable if the overall assessment ratings for each of the four characteristics are substantially or fully met—as was the case with the W80-4 program's cost estimate in its weapon design and cost report, which substantially met each characteristic. To maintain and modernize the U.S. nuclear arsenal, NNSA and DOD conduct LEPs. In 2014, they began an LEP to produce a warhead, the W80-4, to be carried on the LRSO missile. In February 2019, NNSA adopted an FPU delivery date of fiscal year 2025 for the W80-4 LEP, at an estimated cost of about $11.2 billion over the life of the program. The explanatory statement accompanying the 2018 appropriation included a provision for GAO to review the W80-4 LEP. This report examines, among other objectives, (1) the risks NNSA has identified for the W80-4 LEP, and processes it has established to manage them, and (2) the extent to which NNSA's lifecycle cost estimate for the LEP aligned with best practices. GAO reviewed NNSA's risk management database and other program information; visited four NNSA sites; interviewed NNSA and DOD officials; and assessed the program's cost estimate using best practices established in prior GAO work. GAO is making two recommendations, including that NNSA adopt a W80-4 program FPU delivery date based on the program's schedule risk analysis, or document its justification for not doing so. NNSA generally disagreed with GAO's recommendations. GAO continues to believe that its recommendations are valid, as discussed in the report. For more information, contact Allison B. Bawden at (202) 512-3841 or bawdena@gao.gov.
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    In U.S GAO News
    Launch providers support the deployment of people and payloads, such as national security and commercial satellites or research probes, into space. The majority of these providers told GAO that U.S. space transportation infrastructure—located at sites across the country—is generally sufficient for them to meet their customers' current requirements. This situation is in part a result of the launch providers' investments in launch sites, along with state and local funding. Launch providers and site operators alike seek future improvements but differ on the type and location of infrastructure required. Some launch providers said that infrastructure improvements would be required to increase launch capacity at existing busy launch sites, while a few site operators said that new infrastructure and additional launch sites would help expand the nation's overall launch capacity. U.S. Commercial Launch Sites with Number of FAA-Licensed Launches, January 2015 - November 2020 The Federal Aviation Administration (FAA) was directed by statute to make recommendations to Congress on how to facilitate and promote greater investments in space transportation infrastructure, among other things. However, FAA's initial draft report was limited because it focused only on two existing FAA programs, rather than a range of options. FAA officials stated that they did not examine other options because of limited time and resources, and that the two identified programs could be implemented quickly because FAA has administrative authority to manage them. Leading practices in infrastructure investment emphasize the importance of conducting an examination of potential approaches, which can help identify how best to support national interests; avoid overlap or duplication of federal effort; and enhance, not substitute, participation by non-federal stakeholders. An examination may also help identify alternatives to making funding available, such as increasing efficiency and capacity through technology improvements. By focusing only on these existing programs, FAA may overlook other options that better meet federal policy goals and maximize the effect of any federal investment. Although FAA has already prepared its initial report to respond to the statute, it still has opportunities, such as during subsequent mandated updates, to report separately on potential approaches. Demand for commercial space launches is anticipated to increase in the coming years. FAA, the agency responsible for overseeing the sites where these launches occur, was directed by statute to submit a report—and update it every 2 years until December 2024—that makes recommendations on how to facilitate and promote greater investments in space transportation infrastructure. The FAA Reauthorization Act of 2018 included a provision for GAO to review issues related to space transportation infrastructure. This report discusses launch providers' and site operators' views on the sufficiency of infrastructure in meeting market demand and assesses the steps FAA has taken to identify options for federal support of space transportation infrastructure, among other things. GAO reviewed relevant regulations; assessed FAA's actions against GAO-identified leading practices; and interviewed FAA officials, commercial launch providers, and representatives from U.S. commercial launch sites that GAO identified as having hosted an FAA-licensed launch since 2015 or having an FAA launch site operator license as of August 2020. GAO recommends that FAA examine a range of potential options to support space transportation infrastructure and that this examination include a discussion of trade-offs. DOT partially concurred, noting that it would provide its mandated report to Congress but not conduct a new examination of a range of options. GAO continues to believe that such an examination is warranted. For more information, contact Heather Krause at (202) 512-2834 or KrauseH@gao.gov.
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    The Department of Justice’s U.S. Trustee Program (USTP) has entered into a settlement agreement with global consulting firm McKinsey & Company (McKinsey) requiring McKinsey to forego payment of fees in the Westmoreland Coal bankruptcy case pending in the U.S. Bankruptcy Court for the Southern District of Texas (Westmoreland Case). 
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  • Prepared Remarks of Deputy Attorney General Jeffrey A. Rosen at U.S. Department of State Conference on “Ancient Hatred, Modern Medium: A Conference on Internet Anti-Semitism”
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    I want to first thank Secretary Pompeo and Special Envoy Carr for hosting this conference and for inviting me to participate. As we have heard, the Internet is just the latest outlet for the “oldest hatred.” The litany of attacks on the Jewish people has gone on through every era of history. We should not be surprised then--even though it saddens us--that it is part of our modern world. And, since that world depends on the Internet for communication, commerce, and daily life, anti-Semites can use it for their purposes as much as anyone else can use it for legitimate causes.
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  • National Nuclear Security Administration: Information on the Fiscal Year 2021 Budget Request and Affordability of Nuclear Modernization Activities
    In U.S GAO News
    The Department of Energy's (DOE) National Nuclear Security Administration (NNSA) is in the midst of a long-term effort to modernize the U.S. nuclear weapon stockpile and its supporting production infrastructure. NNSA's modernization plans and budgets are communicated to Congress on an annual basis primarily through two key documents—the Stockpile Stewardship and Management Plan (SSMP) and DOE's budget justification—together referred to as NNSA's nuclear security budget materials. GAO reviewed four areas related to the affordability of NNSA's modernization activities as described in these budget materials: Funding for nuclear modernization activities. Congress funds NNSA's nuclear modernization activities through the Weapons Activities appropriation account, which falls under the National Defense budget function along with other NNSA, DOE, and Department of Defense (DOD) appropriations related to the common defense and security of the United States. Discretionary defense spending for fiscal year 2021 may not exceed a certain statutory limit, or else a sequestration—a cancellation of budgetary resources—would be triggered. Therefore, a proposed increase for a given program under the National Defense budget function may need to be offset by reductions in other defense programs to keep the defense budget within statutory spending limits. Comparison of modernization activities in budget materials for fiscal year 2021 and earlier. The proposed funding in DOE's fiscal year 2021 budget justification for NNSA's nuclear modernization activities for fiscal years 2021 through 2025 is about $81 billion, which is about $15 billion more (or about 23 percent greater) compared to NNSA's estimate for the same period in its fiscal year 2020 budget materials. The main factor contributing to this large increase in proposed funding for fiscal year 2021 was NNSA's reevaluation of the funding needed to meet existing requirements, rather than costs associated with new requirements outlined in the 2018 Nuclear Posture Review. Affordability discussion in the Fiscal Year 2020 SSMP. The Fiscal Year 2020 SSMP included a new section entitled, "Affordability Analysis." NNSA added this section in response to GAO's April 2017 recommendation that the agency include an assessment of its portfolio of modernization programs in future versions of the SSMP. The recommendation addressed a shortfall between NNSA's projected budget needs to meet program requirements and projections of the President's budget, a condition that could recur in the future. GAO found that NNSA's new section on affordability does not fully respond to its recommendation because the section does not provide information about how potential misalignment between NNSA's estimates of future modernization funding needs and projections of the President's modernization budgets may be addressed, or about the potential impacts of adjusting program schedules or cost or schedule overruns. Implications of potential New START expiration for modernization activities. New START is a treaty between the United States and Russia for the reduction and limitation of strategic offensive arms, and it will expire in February 2021 unless both parties agree to extend it for no more than 5 years. DOD is basing its plans on the assumption that New START will be extended, and it currently has no plans to change its force structure. NNSA similarly has not considered the implications of the potential expiration of New START on the assumptions underlying its overall program of record and future-years funding projections as described in the fiscal year 2021 budget justification. GAO was asked to review issues related to the affordability of NNSA's modernization activities as reflected in its nuclear security budget materials. DOE's fiscal year 2021 budget justification for NNSA includes a proposed $3.1 billion increase for nuclear modernization activities. The budget justification states that it supports the modernization efforts and the scientific tools necessary to execute the 2018 Nuclear Posture Review. Nuclear posture reviews are issued periodically to assess the global threat environment and establish policy on U.S. nuclear forces. For more information, contact Allison Bawden at (202) 512-3841 or bawdena@gao.gov.
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  • Arkansas Project Manager Sentenced in Connection with COVID-Relief Fraud
    In Crime News
    A project manager employed by a major retailer was sentenced to 24 months in prison followed by five years of supervised release for fraudulently seeking more than $8 million in forgivable loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act announced Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division and U.S. Attorney R. Trent Shores of the Northern District of Oklahoma.
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  • New Jersey Man Indicted for Promoting Tax Fraud Scheme
    In Crime News
    A Pemberton, New Jersey, man appeared in court yesterday on a federal grand jury indictment charging him with conspiring to defraud the United States, assisting in the filing of false tax returns, obstructing the internal revenue laws, and failing to file a tax return, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division. The Sept. 2, 2020 indictment was unsealed following the court appearance.
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  • Data Security: Recent K-12 Data Breaches Show That Students Are Vulnerable to Harm
    In U.S GAO News
    A cybersecurity incident is an event that actually or potentially jeopardizes a system or the information it holds. According to GAO's analysis of K-12 Cybersecurity Resource Center (CRC) data from July 2016 to May 2020, thousands of K-12 students were affected by 99 reported data breaches, one type of cybersecurity incident in which data are compromised. Students' academic records, including assessment scores and special education records, were the most commonly compromised type of information (58 breaches). Records containing students' personally identifiable information (PII), such as Social Security numbers, were the second most commonly compromised type of information (36 breaches). Financial and cybersecurity experts say some PII can be sold on the black market and can cause students significant financial harm. Breaches were either accidental or intentional, although sometimes the intent was unknown, with school staff, students, and cybercriminals among those responsible (see figure). Staff were responsible for most of the accidental breaches (21 of 25), and students were responsible for most of the intentional breaches (27 of 52), most frequently to change grades. Reports of breaches by cybercriminals were rare but included attempts to steal PII. Although the number of students affected by a breach was not always available, examples show that thousands of students have had their data compromised in a single breach. Responsible Actor and Intent of Reported K-12 Student Data Breaches, July 1, 2016-May 5, 2020 Notes: The actor or the intent may not be discernible in public reports. For this analysis, a cybercriminal is defined as an actor external to the school district who breaches a data system for malicious reasons. Of the 287 school districts affected by reported student data breaches, larger, wealthier, and suburban school districts were disproportionately represented, according to GAO's analysis. Cybersecurity experts GAO spoke with said one explanation for this is that some of these districts may use more technology in schools, which could create more opportunities for breaches to occur. When a student's personal information is disclosed, it can lead to physical, emotional, and financial harm. Organizations are vulnerable to data security risks, including over 17,000 public school districts and approximately 98,000 public schools. As schools and districts increasingly rely on complex information technology systems for teaching, learning, and operating, they are collecting more student data electronically that can put a student's information, including PII, at risk of disclosure. The closure of schools and the sudden transition to distance learning across the country due to the Coronavirus Disease 2019 (COVID-19) pandemic also heightened attention on K-12 cybersecurity. GAO was asked to review the security of K-12 students' data. This report examines (1) what is known about recently reported K-12 cybersecurity incidents that compromised student data, and (2) the characteristics of school districts that experienced these incidents. GAO analyzed data from July 1, 2016 to May 5, 2020 from CRC (the most complete source of information on K-12 data breaches). CRC is a non-federal resource sponsored by an educational technology organization that has tracked reported K-12 cybersecurity incidents since 2016. GAO also analyzed 2016-2019 Department of Education data on school district characteristics (the most recent available), and interviewed experts knowledgeable about cybersecurity. We incorporated technical comments from the agencies as appropriate. For more information, contact Jacqueline M. Nowicki at (617) 788-0580 or nowickij@gao.gov.
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    A North Carolina resident and his sport supplement company pleaded guilty today to a felony charge relating to the introduction of unapproved new drugs into interstate commerce, the Department of Justice announced.
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  • Businessman Charged in Scheme to Hoard Personal Protective Equipment and Price Gouge Health Care Providers
    In Crime News
    A Mississippi businessman was charged with defrauding the United States and other health care providers in a $1.8 million scheme related to acquiring and hoarding personal protective equipment (PPE) and price gouging health care providers, including numerous U.S. Department of Veterans Affairs (VA) hospitals in critical need of PPE.
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  • Sexual Harassment: VA Needs to Better Protect Employees
    In U.S GAO News
    According to data from the most recent Merit Systems Protection Board (MSPB) survey in 2016, an estimated 22 percent of Department of Veterans Affairs (VA) employees, and 14 percent of federal employees overall, experienced some form of sexual harassment in the workplace from mid-2014 through mid-2016. VA has policies to prevent and address sexual harassment in the workplace, but some aspects of the policies and of the complaint processes may hinder those efforts. Misalignment of Equal Employment Opportunity (EEO) Director position: VA's EEO Director oversees both the EEO complaint process, which includes addressing sexual harassment complaints, and general personnel functions. According to the Equal Employment Opportunity Commission (EEOC), this dual role does not adhere to one of its key directives and creates a potential conflict of interest when handling EEO issues. Incomplete or outdated policies and information: VA has an overarching policy for its efforts to prevent and address sexual harassment of its employees. However, some additional policies and information documents are not consistent with VA's overarching policy, are outdated, or are missing information. For example, they may not include all options employees have for reporting sexual harassment, which could result in confusion among employees and managers. Delayed finalization of Harassment Prevention Program (HPP): VA has not formally approved the directive or the implementing guidance for its 4-year-old HPP, which seeks to prevent harassment and address it before it becomes unlawful. Lack of formal approval could limit the program's effectiveness. VA uses complaint data to understand the extent of sexual harassment at the agency, but such data are incomplete. For example, VA compiles information on allegations made through the EEO process and HPP, but does not require managers who receive complaints to report them to VA centrally. As a result, VA is not aware of all sexual harassment allegations across the agency. Without these data, VA may miss opportunities to better track prevalence and to improve its efforts to prevent and address sexual harassment. VA provides training for all employees and managers, but the required training does not have in-depth information on identifying and addressing sexual harassment and does not mention HPP. Some facilities within VA's administrations supplement the training, but providing additional information is not mandatory. Requiring additional training on sexual harassment could improve VA employees' knowledge of the agency's policies and help prevent and address sexual harassment. In June 2020, GAO issued a report entitled Sexual Harassment: Inconsistent and Incomplete Policies and Information Hinder VA's Efforts to Protect Employees (GAO-20-387). This testimony summarizes the findings and recommendations from that report, including (1) the extent to which VA has policies to prevent and address sexual harassment of VA employees, (2) how available data inform VA about sexual harassment of its employees, and (3) training VA provides to employees on preventing and addressing sexual harassment. GAO made seven recommendations in its June 2020 report, including that VA ensure its EEO Director position is not responsible for personnel functions; require managers to report all sexual harassment complaints centrally; and require additional employee training. VA concurred with all but the EEO Director position recommendation, which GAO continues to believe is warranted. For more information, contact Cindy S. Brown Barnes at (202) 512-7215 or brownbarnesc@gao.gov.
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  • Social Security Disability: Information on Wait Times, Bankruptcies, and Deaths among Applicants Who Appealed Benefit Denials
    In U.S GAO News
    GAO found that most applicants for disability benefits who appealed the Social Security Administration's (SSA) initial disability determination from fiscal years 2008 through 2019 waited more than 1 year for a final decision on their claim. Median wait times reached 839 days for claims filed in fiscal year 2015, following an increase of applications during the Great Recession. Wait times have decreased since then as SSA made substantial progress in reducing the wait for a hearing before an administrative law judge prior to the Coronavirus Disease 2019 (COVID-19) pandemic. Individuals who filed appeals of disability benefits decisions were older and had less education than the overall population of working-age adults. Among these disability applicants, wait times for a final decision did not significantly vary by age, sex, or education levels. GAO's analysis of available data from SSA and the Administrative Office of the U.S. Courts (AOUSC) found that from fiscal years 2014 through 2019, about 48,000 individuals filed for bankruptcy while awaiting a final decision on their disability appeals. This represents about 1.3 percent of the approximately 3.6 million disability applicants who filed appeals during those years. The applicants who filed for bankruptcy while awaiting a disability appeals decision were disproportionately female, older, and had more than a high school education as compared to the total population of disability applicants who filed appeals. Bankruptcies among individuals who were awaiting decisions about disability appeals may have been unrelated to the applicant's claimed disability. GAO's analysis of SSA disability administrative data and death data found that of the approximately 9 million disability applicants who filed an appeal from fiscal year 2008 through 2019, 109,725 died prior to receiving a final decision on their appeal. This represents about 1.2 percent of the total number of disability applicants who filed an appeal during those years. The annual death rate of applicants awaiting a final disability decision has increased in recent years. From fiscal years 2011 through 2018, the annual death rate for applicants pursuing appeals increased from 0.52 percent to 0.72 percent. Applicants who filed their initial disability claim during years of peak wait times and appealed their initial decision died at a higher rate while awaiting a final decision than applicants who filed their initial claim in years with shorter wait times. Disability applicants awaiting a final decision about their appeal who were male died at higher rates than applicants who were female and those who were older died at higher rates than those who were younger. Death rates were largely similar across reported education levels. Deaths among individuals who were awaiting decisions about disability appeals may have been unrelated to the applicant's claimed disability. The Social Security Administration (SSA) manages two large disability benefit programs–Disability Insurance (DI) and Supplemental Security Income (SSI). As of December 2019, these programs provided benefits to approximately 12.3 million adults living with disabilities and their eligible dependents. A disability applicant who is dissatisfied with SSA's initial disability determination can appeal the decision to multiple escalating levels of review. From fiscal years 2008 through 2019, SSA received approximately 9 million appeals of initial DI or SSI decisions. GAO has previously reported that applicants who appeal a benefits denial can potentially wait years to receive a final decision, during which time an applicant's health or financial situation could deteriorate. Given the heightened risk of worsening medical and financial conditions for disability applicants, GAO was asked to examine the incidence of such events while applicants await a final decision on their disability claim. This report examines the status of disability applicants while they awaited a final benefits decision including 1) their total wait times across all levels of disability appeals within SSA, 2) their incidence of bankruptcy, and 3) their incidence of death. For wait times, bankruptcies, and deaths, GAO also examined variations across certain demographic characteristics of applicants. GAO obtained administrative data from SSA for all adult disability applicants from fiscal years 2008 through 2019 who filed an appeal to their initial disability determination. GAO used these data to calculate wait times across appeals levels, rates of approvals and denials, and appeals caseloads, and examined changes in these three areas over time. To describe the incidence of bankruptcy among individuals awaiting a disability appeals decision, GAO matched SSA disability data to AOUSC bankruptcy data for fiscal years 2014 through 2019. To describe the incidence of death among individuals awaiting a disability appeals decision, GAO matched the disability data to SSA's Death Master File. For all of these analyses, GAO also examined variations across demographic characteristics of applicants, including age, sex, and reported education level. GAO also reviewed relevant policies, federal laws and regulations, and agency publications, and interviewed agency officials. For more information, contact Elizabeth Curda at (202) 512-7215 or CurdaE@gao.gov.
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