Justice Department Finds that Alameda County, California, Violates the Americans with Disabilities Act and the U.S. Constitution

The Justice Department concluded today, based upon a thorough investigation, that there is reasonable cause to believe that Alameda County is violating the Americans with Disabilities Act (ADA) in its provision of mental health services, and that conditions and practices at the county’s Santa Rita Jail violate the U.S. Constitution and the ADA.

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    In U.S GAO News
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    In U.S GAO News
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    In U.S GAO News
    According to Substance Abuse and Mental Health Services Administration (SAMHSA) data, the number of substance use disorder (SUD) treatment facilities and services increased since 2009. However, potential gaps in treatment capacity remain. For example, SAMHSA data show that, as of May 2020, most counties did not have all levels of SUD treatment available, including outpatient, residential, and hospital inpatient services; nearly one-third of counties had no levels of treatment available. Stakeholders GAO interviewed said it is important to have access to each level for treating individuals with varying SUD severity. Availability of Substance Use Disorder Treatment Levels, by County, as of May 2020 SAMHSA primarily relies on the number of individuals served to assess the effect of three of its largest grant programs on access to SUD treatment and recovery support services. However, GAO found the agency lacks two elements of reliable data—that they be consistent and relevant—for the number of individuals served under the Substance Abuse Prevention and Treatment Block Grant (SABG) program. For example, grantee reporting includes individuals served outside of the program, which limits this measure's relevance for program assessment of access. SAMHSA plans to implement data quality improvements for the SABG program starting in fiscal year 2021. However, the agency has not identified specific changes needed to improve the information it collects on individuals served. As SAMHSA moves forward with its plans, it will be important for it to identify and implement such changes. Doing so will allow SAMHSA to better assess whether the SABG program is achieving a key goal of improving access to SUD treatment and recovery services or whether changes may be needed. Treatment for SUD—the recurrent use of substances, such as illicit drugs, causing significant impairment—can help individuals reduce or stop substance use and improve their quality of life. SUDs, and in particular drug misuse, have been a persistent and long-standing public health issue in the United States. Senate Report 115-289 contains a provision for GAO to review SUD treatment capacity. This report, among other things, describes what is known about SUD treatment facilities, services, and overall capacity; and examines the information SAMHSA uses to assess the effect of three grant programs on access to SUD treatment. GAO analyzed national SAMHSA data on SUD treatment facilities and providers, and reviewed studies that assessed treatment capacity. GAO also reviewed documentation for three of SAMHSA's largest grant programs available to states, and compared the agency's grant data quality to federal internal control standards. Finally, GAO interviewed SAMHSA officials and stakeholders, including provider groups. GAO is recommending that SAMHSA identify and implement changes to the SABG program's data collection efforts to improve two elements of reliability—the consistency and relevance—of data collected on individuals served. SAMHSA concurred with this recommendation. For more information, contact Alyssa M. Hundrup at (202) 512-7114 or HundrupA@gao.gov.
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  • Alabama Man Sentenced to Prison for Tax Evasion
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    An Alabama man was sentenced to serve 12 months in prison for tax evasion, Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Prim Escalona for the Northern District of Alabama announced today.
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  • Covid-19 Housing Protections: Moratoriums Have Helped Limit Evictions, but Further Outreach Is Needed
    In U.S GAO News
    What GAO Found Eviction moratoriums at the federal, state, and local levels reduced eviction filings during the COVID-19 pandemic; however, some eligible renters may not have benefitted from a recent federal moratorium. GAO's analysis of 63 jurisdictions found that the median rate of eviction filings was about 74 percent lower in the last week of July 2020—when a moratorium included in the CARES Act expired—than in the same week in 2019. Eviction filings remained lower throughout 2020 (relative to 2019) but gradually increased during a separate moratorium ordered by the Centers for Disease Control and Prevention (CDC) in September 2020 (see fig.). During this moratorium, jurisdictions without separate state or local moratoriums experienced larger increases in eviction filings, which suggests that some renters may not fully understand how to use the CDC moratorium (completing required documentation). CDC extended its moratorium through March 31, 2021, but has taken few steps to promote awareness and understanding of the moratorium and its requirements. Clear, accurate, and timely information is essential to keep the public informed during the pandemic. Without a communication and outreach plan, including federal coordination, CDC will be missing an opportunity to ensure that eligible renters avoid eviction. Year-over-Year Percentage Change in Eviction Filings in 63 Jurisdictions Note: Centers for Disease Control and Prevention's (CDC) moratorium is active through March 31, 2021. Local moratoriums include separate state or local eviction moratoriums. Unlike the CARES Act, CDC's moratorium does not prohibit eviction filings, which could explain some increases. By late January 2021, Treasury had disbursed 99 percent of the $25 billion in Emergency Rental Assistance funds to state and other eligible grantees responsible for making rent and utility payments to recipients. Treasury's initial program guidance issued that month did not fully define some program requirements and included requirements that could have delayed the delivery of funds or deter participation. In late February 2021, Treasury updated its guidance to address several of these concerns, such as by providing grantees with flexibility for prioritizing lower income applicants and allowing written attestation of income. Although the guidance did not clarify certain data collection and spending requirements, officials said they will continue to update guidance to address stakeholder concerns and strike a balance between accountability and administrative efficiency. GAO will continue to actively monitor these efforts. Why GAO Did This Study Millions of renters and property owners continue to experience housing instability and financial challenges during the COVID-19 pandemic. To address these concerns, Congress and CDC created eviction moratoriums, and Congress appropriated $25 billion to Treasury to disburse to state and local grantees to administer emergency rental assistance programs to help those behind on their rent. The CARES Act includes a provision for GAO to monitor federal efforts related to COVID-19. This report examines, among other objectives, (1) how eviction moratoriums have contributed to housing stability during the pandemic and (2) Treasury's implementation of the Emergency Rental Assistance program. GAO analyzed data on eviction filings and local policies in a sample of 63 jurisdictions (selected based on data availability) from January to December 2020. GAO also analyzed Census Bureau survey data on rental payments and data from federal housing entities on mortgage forbearance. GAO interviewed officials from CDC, Treasury, and organizations representing renters, property owners, and rental assistance grantees.
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  • Charleston County School District Agrees to Provide Language Access for Limited English Proficient Parents
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    Today the Justice Department announced a settlement agreement with the Charleston County School District to resolve its investigation into complaints that the school district failed to communicate essential information to thousands of Spanish-speaking, limited English proficient (LEP) parents, denying their children full and equal access to the district’s education programs and services. The Civil Rights Division and the U.S. Attorney’s Office for the District of South Carolina conducted the investigation under Title VI of the Civil Rights Act of 1964 and the Equal Educational Opportunities Act of 1974.
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  • Sussex County Woman Charged with Concealing Terrorist Financing to Syrian Al-Nusra Front, a Foreign Terrorist Organization
    In Crime News
    A Sussex County, New Jersey, woman, Maria Bell, a/k/a “Maria Sue Bell,” 53, of Hopatcong, New Jersey, was arrested at her home today and charged with one count of knowingly concealing the provision of material support and resources to a Foreign Terrorist Organization Assistant Attorney General for National Security John C. Demers and U.S. Attorney Craig Carpenito for the District of New Jersey announced.
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  • Acting Attorney General Jeffrey A. Rosen Attends Security Briefing at FBI’s Strategic Information and Operations Center on Inauguration Planning and Recent Capitol Attack
    In Crime News
    Acting Attorney General Jeffrey A. Rosen attended a briefing today at the FBI’s Strategic Information and Operations Center (SIOC) on the recent attack on the Capitol building and law enforcement preparations for the upcoming presidential inauguration. Following the briefing, he addressed the assembled law enforcement partners and thanked them for their efforts.
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  • Department of Justice Forecasts an Increase in Counter Unmanned Aerial Systems (C-UAS) Protection Activities and Criminal Enforcement Actions
    In Crime News
    The Department of Justice (DOJ) today announced the protection activities undertaken by the FBI to counter the threat posed by Unmanned Aircraft Systems (UAS) at certain National Special Security Events (NSSEs), Special Events Assessment Rating (SEAR) events, and select mass gatherings throughout the country over the past fiscal year. DOJ and the FBI are publicizing protection activities in an effort to deter careless and criminal UAS operators in light of an anticipated increase in enforcement activity in response to the misuse of UAS.
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  • Ph.D. Chemist Convicted of Conspiracy to Steal Trade Secrets, Economic Espionage, Theft of Trade Secrets and Wire Fraud
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    A federal jury in Greeneville, Tennessee, convicted a U.S. citizen today of conspiracy to steal trade secrets, economic espionage and wire fraud.
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  • Federal Advisory Committees: Actions Needed to Enhance Decision-Making Transparency and Cost Data Accuracy
    In U.S GAO News
    GAO reviewed 11 selected committees covered under the Federal Advisory Committee Act (FACA) that serve the Departments of Commerce, Health and Human Services, and the Treasury. GAO found that these committees met many, but not all, selected transparency requirements established by FACA, General Services Administration (GSA) FACA regulations, and the Office of Management and Budget (OMB). FACA committees GAO reviewed published timely notices for 70 of 76 meetings and solicited public comments for all open meetings held by the committees. However, four of the 11 committees did not follow one or more selected requirements to renew charters, decide on proposed recommendations during open meetings, or compile minutes. Five FACA committees GAO reviewed did not always follow requirements in OMB Circular A-130 for federal agencies to make public documents accessible online. GSA encourages agencies to post committee documents online consistent with OMB requirements. However, according to GSA's Office of the General Counsel, GSA's authority under FACA is not broad enough to require agencies to fulfill the OMB requirements. Eight of the nine selected FACA committees in our original sample that make recommendations to agencies attempt to track the agencies' responses to and implementation status of recommendations. However, many committees do not make this information fully available to the public online. Improved public reporting could enhance congressional and public visibility into the status of agencies' responses to committee recommendations. Selected Requirements for Advisory Committees Covered under the Federal Advisory Committee Act (FACA) The selected agencies and FACA committees reported that they implemented a range of practices to help ensure agency officials do not exert inappropriate influence on committees' decisions. These practices include limiting committee members' interactions with agency officials outside committee meetings. GAO also found that about 29 percent of the 11 selected committees' cost data elements in GSA's FACA database for fiscal years 2017 and 2018 were inconsistent with corresponding cost data from selected agency and committee records and systems. In the absence of reliable cost data, Congress is unable to fully rely on these data to inform decisions about funding FACA committees. FACA requires federal agencies to ensure that federal advisory committees make decisions that are independent and transparent. In fiscal year 2019, nearly 960 committees under FACA played a key role in informing public policy and government regulations. GAO was asked to review the transparency and independence of FACA committees and data collected in GSA's FACA database. This report examines (1) selected agencies' and committees' adherence to transparency requirements; (2) their practices to help ensure that agency officials do not exert inappropriate influence on committee decision-making; and (3) the extent to which GSA's FACA database contained accurate, complete, and useful cost information for these committees. GAO selected a non-generalizable sample of 11 FACA committees serving three agencies, based in part on costs incurred and numbers of recommendations made. GAO analyzed documents and interviewed agency officials and committee members. GAO also reviewed FACA database cost data for the 11 committees. Congress should consider requiring online posting of FACA committees' documents. GAO is also making nine recommendations to agencies to improve FACA committee transparency and data accuracy. Agencies agreed with six recommendations, and GSA described steps to address recommendations to it. For more information, contact Michelle Sager at (202) 512-6806 or SagerM@gao.gov.
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  • Compounding Pharmacy Mogul Sentenced for Multimillion-Dollar Health Care Fraud Scheme
    In Crime News
    A Mississippi businessman was sentenced today for his role in a multimillion-dollar scheme to defraud TRICARE, the health care benefit program serving U.S. military, veterans, and their respective family members, as well as private health care benefit programs.
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  • Substance Use Disorder: Medicaid Coverage of Peer Support Services for Adults
    In U.S GAO News
    Substance use disorders (SUD)—the recurrent use of alcohol or illicit drugs causing significant impairment—affected about 19.3 million adults in the United States in 2018, according to the Substance Abuse and Mental Health Services Administration. State Medicaid programs have the option to cover services offered by peer providers—individuals who use their own lived experience recovering from SUD to support others in recovery. GAO's review of Medicaid and CHIP Payment and Access Commission data found that, in 2018, 37 states covered peer support services for adults with SUDs in their Medicaid programs. Medicaid Coverage of Peer Support Services for Adults with Substance Use Disorders, 2018 Officials from the three states GAO reviewed—Colorado, Missouri, and Oregon—reported that their Medicaid programs offered peer support services as a complement, rather than as an alternative, to clinical treatment for SUD. Missouri officials said that peer providers did not maintain separate caseloads and were part of treatment teams, working in conjunction with doctors and other clinical staff. Similarly, officials in Colorado and Oregon said peer support services were only offered as part of a treatment plan. State officials reported that peer support services could be offered as an alternative to clinical treatment outside of Medicaid using state or grant funding. SUD treatment can help individuals reduce or stop substance use and improve their quality of life. In 2007, the Centers for Medicare & Medicaid Services recognized that peer providers could be an important component of effective SUD treatment, and provided guidance to states on how to cover peer support services in their Medicaid programs. However, states have flexibility in how they design and implement their Medicaid programs, and coverage for peer support services is an optional benefit. The Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act included a provision for GAO to report on peer support services under Medicaid. This report describes, among other objectives, the extent to which state Medicaid programs covered peer support services for adult beneficiaries with SUDs nationwide, and how selected state Medicaid programs offered peer support services for adult beneficiaries with SUDs. GAO obtained state-by-state data from the Medicaid and CHIP Payment and Access Commission on 2018 Medicaid coverage of peer support services. GAO also reviewed information and interviewed officials from a nongeneralizable sample of three states, which GAO selected for a number of reasons, including to obtain variation in delivery systems used. The Department of Health and Human Services provided technical comments on a draft of this report, which GAO incorporated as appropriate. For more information, contact Carolyn L. Yocom at (202) 512-7114 or yocomc@gao.gov.
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  • Statement on DOJ Office of Professional Responsibility Report on Jeffrey Epstein 2006-2008 Investigation
    In Crime News
    The executive summary of a report by the Department of Justice’s Office of Professional Responsibility (OPR) was released today to affected victims.  The summary, which is available on the Justice Department website, provides the essential details about the findings of OPR’s investigation into the U.S. Attorney’s Office for the Southern District of Florida’s resolution of its 2006–2008 federal criminal investigation of Jeffrey Epstein and its interactions with victims during the investigation. 
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  • Court Orders Georgia Defendants to Stop Selling Vitamin D Products as Treatments for Covid-19 and Other Diseases
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    A federal court entered a permanent injunction barring a Georgia company from selling unapproved vitamin D products touted as treatments for COVID-19, the Department of Justice announced today.
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  • Michigan Man Pleads Guilty to Using Threats to Obstruct Free Exercise of Religious Beliefs
    In Crime News
    The Justice Department today announced that Ronald Wyatt, 22, pleaded guilty today in U.S. District Court for the Eastern District of Michigan to intentionally threatening physical harm to a female victim, T.P., to obstruct T.P.’s free exercise of religion. As part of his plea agreement, Wyatt admitted that he targeted T.P., who is African-American, because of her race. 
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