Justice Department Obtains Settlement from San Diego Landlord to Resolve Claims Of Sexual Harassment Against Female Tenants

The Justice Department today announced it has reached an agreement with defendant Larry Nelson to resolve a Fair Housing Act lawsuit alleging that he sexually harassed female tenants while owning and managing San Diego area rental properties.  

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    What GAO Found Some federal agencies have been statutorily required to use the “10-20-30 formula” when allocating funding for certain programs. That is, agencies must allocate at least 10 percent of designated funds to counties with poverty rates of at least 20 percent over the last 30 years (persistent-poverty counties). However, GAO found the formula has not always increased the proportion of funding awarded to those counties. The Department of Commerce's Economic Development Administration (EDA) and Department of the Treasury's Community Development Financial Institutions (CDFI) Fund both awarded at least 10 percent of designated funds to persistent-poverty counties in fiscal years 2017–2020, but generally had done so before 2017. Most of their programs subject to the formula already were required to target funds to economically distressed areas. The Department of Agriculture's (USDA) Rural Development awarded less than 10 percent of designated funds to persistent-poverty counties in at least one fiscal year for six out of 10 appropriations accounts. Rural Development set aside 10 percent of designated funds for use in those counties, which officials said met the statutory requirement to allocate these funds. Officials said some programs had not received a sufficient number of applications from these counties to meet the threshold because the programs are not well-suited to areas with severe poverty. For example, it may not be financially prudent for local governments in persistent-poverty counties to participate in a loan program to finance community facilities if the governments cannot service the debt. The purpose of the 10-20-30 formula—to increase the proportion of funding awarded to persistent-poverty counties—could be better achieved by focusing its application on programs that do not already target such areas and which can provide meaningful assistance to economically distressed communities. The three agencies GAO reviewed used different datasets and methodologies to identify persistent-poverty counties for the 10-20-30 formula. Appropriations laws for 2017–2020 required the agencies to use data from different years and sources, some outdated, to identify the counties. EDA also used a methodology that identified more than 100 additional persistent-poverty counties, than the other two agencies. Requiring each agency to identify persistent-poverty counties in this way is inefficient, and the inconsistency limits the ability to compare targeted funding across agencies. Using a uniform list of persistent-poverty counties, updated each year, would reduce administrative costs and facilitate assessments of the formula's impact across agencies. Such a measure also could help ensure more consistent investment in areas with current poverty rates of at least 20 percent. USDA's Economic Research Service has the technical capabilities to produce such a list and officials said that doing so each year would not be resource intensive because the agency already publishes other related work using the same data. Why GAO Did This Study Since 2009, the 10-20-30 formula has been applied to appropriations for certain federal programs and accounts. This includes programs and accounts administered by USDA's Rural Development, Treasury's CDFI Fund, and Commerce's EDA that averaged more than $10 billion in each fiscal year from 2017 to 2020. GAO was asked to review certain issues related to the 10-20-30 formula. This report examines (1) the proportion of funds subject to the 10-20-30 formula that these agencies awarded in persistent-poverty counties in 2017–2020 and the effects on funding levels to these areas, and (2) how agencies identify persistent-poverty counties. GAO analyzed agency budget and administrative data for fiscal years 2017—2020. GAO also reviewed documentation, such as program descriptions and funding notices, and interviewed agency officials.
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    The Missile Defense Agency (MDA) is developing a system to defend the U.S. from long-range missile attacks. As MDA continues to develop this system, called Ground-based Midcourse Defense (GMD), it has opportunities to incorporate into its approach lessons learned from over 2 decades of system development. MDA has made progress in developing and fielding elements of the GMD system. For example, MDA is constructing a new missile field to expand the fleet of interceptors. However, MDA has also experienced significant setbacks. Most recently, the Department of Defense canceled development of a key GMD element, the Redesigned Kill Vehicle, in 2019 because of fundamental problems with the system's design. Ongoing Construction of a New Ground-based Midcourse Defense Interceptor Field (July 16, 2019) Over the years, GAO has identified practices that MDA could apply to the GMD program to improve acquisition outcomes, such as: Using knowledge-based acquisition practices Involving stakeholders early and often Providing effective oversight Promoting competition Performing robust testing GAO has also made numerous recommendations to improve MDA's acquisition outcomes and reduce risk. As of July 2020, the department has concurred with most of the recommendations GAO made since MDA's inception in 2002. Although the department has implemented many of the recommendations, it has further opportunities to implement the remaining open recommendations and apply lessons learned on a major, new effort to develop a next-generation GMD interceptor. Since the late 1990s, DOD has executed the GMD program through a prime contractor responsible for developing and integrating the entire weapon system. MDA is considering taking over these responsibilities for GMD for the next phase of the program. GAO found that this approach offers potential benefits to the agency, such as more direct control over and greater insight into GMD's cost, schedule, and performance. However, the approach has some challenges that, if not addressed, could outweigh the benefits. For example, MDA may encounter challenges obtaining the technical data and staffing levels necessary to manage this complex weapon system, which could ultimately affect its availability or readiness. As of October 2020, MDA has not yet determined an acquisition strategy for the next phase of the GMD program. The GMD system aims to defend the U.S. against ballistic missile attacks from rogue states like North Korea or Iran. DOD has been developing this system since the 1990s and has spent $53 billion on the system so far. GMD is a complex system that includes interceptors and a ground system, and MDA has largely relied on a contractor, Boeing, to manage development and system integration. MDA is considering moving away from this approach as the program embarks on developing a key element of the GMD, a new interceptor. The House Armed Services Committee included a provision in a report for GAO to assess the GMD contract structure and identify potential opportunities to improve government management and contractor accountability. This report addresses (1) the lessons learned from challenges MDA encountered acquiring the GMD system and (2) the potential benefits and risks of MDA taking over system integration responsibilities for GMD. To conduct this work, GAO reviewed GMD program documentation, prior GAO reports on missile defense, GAO interviews with other DOD components, and expert panel reviews of GMD. GAO also spoke with officials from MDA and other DOD components. GAO has 17 open recommendations aimed at improving missile defense acquisition outcomes and reducing risk. Recently, DOD has taken steps to address some of these open recommendations, but further action is needed to fully implement the remaining recommendations. For more information, contact W. William Russell at (202) 512-4841 or russellw@gao.gov.
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    What GAO Found GAO's Disaster Resilience Framework serves as a guide for analysis of federal actions to facilitate and promote resilience to natural disasters and changes in the climate across many policy areas, including transportation. The framework is organized around three guiding principles—information, integration, and incentives—and a series of questions that can help identify opportunities to enhance federal efforts to promote disaster resilience. Specifically, the integration principle states that integrated analysis and planning can help decision makers take coherent and coordinated actions to promote resilience. For example, in October 2019, GAO reported that no federal agency, interagency collaborative effort, or other organizational arrangement has been established to implement a strategic approach to climate resilience investment that includes periodically identifying and prioritizing projects. Such an approach could supplement individual agency climate resilience efforts and help target federal resources toward high-priority projects. GAO recommended that Congress consider establishing a federal organizational arrangement to periodically identify and prioritize climate resilience projects for federal investment. The Federal Highway Administration (FHWA) has taken steps to encourage states to enhance the climate resilience of federally funded roads by developing agency policy, providing technical assistance to states, and supporting climate resilience research funding, among other actions. In addition, as part of ongoing work on FHWA's federal-aid highway program, GAO identified options that could further enhance the climate resilience of federally funded roads, based on a literature review and interviews with knowledgeable stakeholders (see table). Some of these options are similar to recommendations made previously by GAO. Further, according to FHWA officials, some of these options would likely require additional congressional direction or authority to implement. Options to further enhance resilience of federally funded roads, as suggested by relevant literature and knowledgeable stakeholders Option Integrate climate resilience into Federal Highway Administration policy and guidance. Update design standards to account for climate change and resilience best practices. Provide authoritative, actionable, forward-looking climate information. Add climate resilience funding eligibility requirements, conditions, or criteria to formula grant programs. Expand the availability of discretionary funding for climate resilience improvements. Alter the Emergency Relief (ER) program by providing incentives for, or conditioning funding on, pre-disaster resilience actions. Expand the availability of ER funding for post-disaster climate resilience improvements. Establish additional climate resilience planning or project requirements. Link climate resilience actions or requirements to incentives or penalties. Condition eligibility, funding, or project approval on compliance with climate resilience policy and guidance. Source: GAO analysis of literature and interviews with knowledgeable stakeholders. | GAO-21-561T Why GAO Did This Study Since 2013, GAO has included Limiting the Federal Government's Fiscal Exposure by Better Managing Climate Change Risks in its High Risk List. In addition, according to the U.S. Global Change Research Program, a changing climate threatens the performance of the U.S. transportation system across all modes, including roads. Congress authorized approximately $43 billion of fiscal year 2021 formula funding for the U.S. Department of Transportation's FHWA's federal-aid highway program, which primarily funds highway planning and construction. This testimony discusses (1) GAO's framework for identifying opportunities to enhance the climate resilience of transportation infrastructure; and (2) preliminary observations on actions taken and options to further enhance the climate resilience of federally funded roads. This work is based on GAO reports issued from 2014 through 2019, a review of literature, and interviews conducted with FHWA officials and knowledgeable stakeholders conducted as part of on-going work. GAO expects to issue a report on the results of its ongoing work in summer 2021.
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    What GAO Found In June 2019, GAO identified 10 critical federal information technology (IT) legacy systems that were most in need of modernization. These legacy systems provided vital support to agencies' missions. According to the agencies, these legacy systems ranged from about 8 to 51 years old and, collectively, cost about $337 million annually to operate and maintain. Several of the systems used older languages, such as Common Business Oriented Language (COBOL). GAO has previously reported that reliance on such languages has risks, such as a rise in procurement and operating costs, and a decrease in the availability of individuals with the proper skill sets. Further, several of the legacy systems were operating with known security vulnerabilities and unsupported hardware and software. Of the 10 agencies responsible for these legacy systems, GAO reported in June 2019 that seven agencies (the Departments of Defense, Homeland Security, the Interior, the Treasury; as well as the Office of Personnel Management; Small Business Administration; and Social Security Administration) had documented plans for modernizing the systems (see table). Of the seven agencies with plans, only the Departments of the Interior's and Defense's modernization plans included all of the key elements identified in best practices (milestones, a description of the work necessary to complete the modernization, and a plan for the disposition of the legacy system). The other five agencies lacked complete modernization plans. The Departments of Education, Health and Human Services, and Transportation did not have documented modernization plans. Table: Extent to Which Agencies' Had Documented Modernization Plans for Legacy Systems That Included Key Elements, as of June 2019 Agency Included milestones to complete the modernization Described work necessary to modernize system Summarized planned disposition of legacy system Department of Defense Yes Yes Yes Department of Education n/a – did not have a documented modernization plan Department of Health and Human Services n/a – did not have a documented modernization plan Department of Homeland Security No Yes No Department of the Interior Yes Yes Yes Department of the Treasury Partial Yes No Department of Transportation n/a – did not have a documented modernization plan Office of Personnel Management Partial Partial No Small Business Administration Yes No Yes Social Security Administration Partial Partial No Source: GAO analysis of agency modernization plans. | GAO-21-524T Agencies received a “partial” if the element was completed for a portion of the modernization. GAO stressed that, until the eight agencies established complete plans, their modernizations would face an increased risk of cost overruns, schedule delays, and project failure. Accordingly, GAO recommended that each of the eight develop such plans. However, to date, seven of the agencies had not done so. It is essential that agencies implement GAO's recommendations and these plans in order to meet mission needs, address security risks, and reduce operating costs. Why GAO Did This Study Each year, the federal government spends more than $100 billion on IT and cyber-related investments. Of this amount, agencies have typically spent about 80 percent on the operations and maintenance of existing IT investments, including legacy systems. However, federal legacy systems are becoming increasingly obsolete. In May 2016, GAO reported instances where agencies were using systems that had components that were at least 50 years old or the vendors were no longer providing support for hardware or software. Similarly, in June 2019 GAO reported that several of the federal government's most critical legacy systems used outdated languages, had unsupported hardware and software, and were operating with known security vulnerabilities. GAO was asked to testify on its June 2019 report on federal agencies' legacy systems. Specifically, GAO summarized (1) the critical federal legacy systems that we identified as most in need of modernization and (2) its evaluation of agencies' plans for modernizing them. GAO also provided updated information regarding agencies' implementation of its related recommendations.
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  • Retirement Security: DOL Could Better Inform Divorcing Parties About Dividing Savings
    In U.S GAO News
    Although more than one-third of adults aged 50 or older have experienced divorce, few people seek and obtain a Qualified Domestic Relations Order (QDRO), according to large plan sponsors GAO surveyed. A QDRO establishes the right of an alternate payee, such as a former spouse, to receive all or a portion of the benefits payable to a participant under a retirement plan upon separation or divorce. There are no nationally representative data on the number of QDROs, but plans and record keepers GAO interviewed and surveyed reported that few seek and obtain QDROs. For example, the Pension Benefit Guaranty Corporation administered retirement benefits to about 1.6 million participants, and approved about 16,000 QDROs in the last 10 years. GAO's analysis of other survey data found about one-third of those who experienced a divorce from 2008 to 2016 and reported their former spouse had a retirement plan also reported losing a claim to that spouse's benefits. Many experts stated that some people—especially those with lower incomes—face challenges to successfully navigating the process for obtaining a QDRO, including complexity and cost. Individuals seeking a QDRO may be charged fees for preparation and review of draft orders before they are qualified as QDROs and, according to experts GAO interviewed, these fees vary widely. These experts cited concerns about QDRO review fees that they said in some cases were more than twice the amount of typical fees, and said they may discourage some from pursuing QDROs. Department of Labor (DOL) officials said the agency generally does not collect information on QDRO fees. Exploring ways to collect and analyze information from plans on fees could help DOL ensure costs are reasonable. Divorcing parties who pursue QDROs often had orders not qualified due to lacking basic information, according to plans and record keepers we surveyed (see figure). Plan Administrators and Record Keepers Reported Reasons for Not Qualifying a Domestic Relations Order (DRO) DOL provides some information to help divorcing parties pursue QDROs. However, many experts cited a lack of awareness about QDROs by the public and said DOL could do more to make resources available to divorcing parties. Without additional outreach by DOL, divorcing parties may spend unnecessary time and resources drafting orders that are not likely to be qualified, resulting in unnecessary expenditures of time and money. A domestic relations order (DRO) is a court-issued judgment, decree, or order that, when qualified by a retirement plan administrator, can divide certain retirement benefits in connection with separation or divorce and as such provide crucial financial security to a former spouse. DOL has authority to interpret QDRO requirements. GAO was asked to review the process for obtaining QDROs. This report examines what is known about (1) the number of QDRO recipients, (2) the fees and other expenses for processing QDROs, and (3) the reasons plans do not initially qualify DROs and the challenges experts identify regarding the QDRO process. To conduct this work, GAO analyzed available data, and a total of 14 responses from two surveys of large private sector plans and account record keepers, and interviewed 18 experts including practitioners who provide services to divorcing couples. GAO is recommending that DOL (1) explore ways to collect information on QDRO-related fees charged to participants or alternate payees, and (2) take steps to ensure information about the process for obtaining a QDRO is accessible. DOL generally agreed with our recommendations. For more information, contact Kris Nguyen at (202) 512-7215 or NguyenTT@gao.gov.
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  • Former Hilo Correctional Officer Pleads Guilty for Assaulting an Inmate and Conspiring with Other Officers to Cover it Up
    In Crime News
    A former correctional officer at the Hawaii Community Correctional Center pleaded guilty to three felony offenses yesterday for assaulting an inmate; for failing to protect the inmate from being assaulted by three other correctional officers; and for conspiring with those officers to cover it up.
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  • Justice Department Sues To Block Geisinger Health’s Transaction With Evangelical Community Hospital
    In Crime News
    The U.S. Department of Justice sued today to block Geisinger Health’s partial acquisition of its close rival, Evangelical Community Hospital. The complaint alleges that the agreement fundamentally alters the relationship between the parties, raising the likelihood of coordination and reducing Defendants’ incentives to compete aggressively against each other. As a result, the transaction is likely to lead to higher prices, lower quality, and reduced access to high-quality inpatient hospital services for patients in central Pennsylvania. The lawsuit was filed in the U.S. District Court for the Middle District of Pennsylvania.
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  • Secretary Michael R. Pompeo With Hugh Hewitt of the Hugh Hewitt Show
    In Crime Control and Security News
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  • 7 Things to Know About the Mars 2020 Perseverance Rover Mission
    In Space
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