National Consumer Bankruptcy Law Firm Agrees to Pay More than $300,000 in Relief to Consumers and to a Six-Year Practice Ban in Settlement with U.S. Trustee Program

The Department of Justice’s U.S. Trustee Program (USTP) has entered into a settlement with national consumer bankruptcy law firm Deighan Law LLC, previously known as Law Solutions Chicago and doing business as UpRight Law.

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  • Kennedy Center Facilities: Life-Cycle Cost Analysis and Other Capital-Planning Practices Could Help Minimize Long-term Costs
    In U.S GAO News
    What GAO Found The John F. Kennedy Center for the Performing Arts partially or fully met most selected practices for capital planning, procurement, and maintaining its facilities, but could take action to help ensure efficiency in future projects. Specifically, in planning for maintaining and renovating its facilities, the Kennedy Center met or partially met six out of seven selected capital planning practices. For example, it developed a capital plan for its portfolio of projects, budgeted for these projects, prioritized these projects, and completed an assessment of its facilities' conditions. The Kennedy Center has not, however, updated its capital planning policies and procedures for over 15 years nor did it comprehensively analyze the life-cycle costs—such as the cost of repair, maintenance, and operations—of its projects, including the recent REACH expansion. Implementing these two selected practices would position the Kennedy Center to ensure that it has a consistent, repeatable process for managing projects effectively and that it is making decisions early in the planning of the project to minimize the long-term costs to the federal government. Kennedy Center's Original Building with the REACH Expansion Six of the Kennedy Center's nine highest cost capital projects from 2015-2020 were within 10 percent of the contract award amount, a government benchmark. But GAO found that the Kennedy Center did not have up-to-date procurement procedures or well-documented projects. Without updated procurement policies and procedures in accordance with selected practices, the Kennedy Center could apply its procurement program inconsistently. Further, without complete project documentation, the Kennedy Center lacks reasonable assurance that project requirements are met or that it established traceability concerning what has been done, who has done it, and when it was done. This omission could potentially affect the quality of the product delivered to the Kennedy Center. The Kennedy Center met most selected practices for operations and maintenance. For example, it developed an operations and maintenance plan, used a specialized information system to help manage its activities, and used automatic control systems to enhance energy efficiency. However, fully defined policies and procedures for its operations and maintenance program would better position the Kennedy Center to meet its mission to provide the highest quality services related to the repair and maintenance of its facilities. Why GAO Did This Study The Kennedy Center is a national cultural arts center and a living memorial to President John F. Kennedy. The federal government funds the Kennedy Center's capital repairs and renovations of its facilities, as well as its operations and maintenance, all of which totaled $40.4 million in regular appropriations for fiscal year 2021. The REACH expansion, built using private funds, has increased the Kennedy Center's federally funded operations and maintenance expenses. GAO was asked to examine how well the Kennedy Center manages its projects. This report evaluates the extent to which the Kennedy Center followed selected practices in its: (1) capital planning, including for the REACH; (2) procurement; and (3) operations and maintenance, including energy efficiency and facility security. GAO selected criteria from government and industry to review the Kennedy Center's documentation for three projects that GAO selected based on cost. GAO assessed the Kennedy Center's capital planning, procurement, and operations and maintenance actions against selected industry and government practices and interviewed officials.
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    The Department of Justice’s U.S. Trustee Program (USTP) has entered into a settlement with three law firms representing Purdue Pharma (Purdue) in its ongoing bankruptcy cases. The firms are Skadden, Arps, Slate, Meagher & Flom LLP; Wilmer Cutler Pickering Hale and Dorr LLP; and Dechert LLP (the Firms). 
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  • Congressional Award Foundation: Review of the FY 2020 Financial Statement Audit
    In U.S GAO News
    What GAO Found Based on the limited procedures GAO performed in reviewing the independent public accountant's (IPA) audit of the Congressional Award Foundation's fiscal year 2020 financial statements, GAO did not identify any significant issues that it believes require attention. Had GAO performed additional procedures, other matters might have come to its attention that it would have reported. The IPA provided an unmodified audit opinion on the Foundation's fiscal year 2020 financial statements. Specifically, the IPA found that the Foundation's financial statements were presented fairly, in all material respects, in accordance with U.S. generally accepted accounting principles. Further, for fiscal year 2020, the IPA did not identify any (1) deficiencies that it considered to be material weaknesses in the Foundation's internal control over financial reporting or (2) instances of reportable noncompliance or other matters as a result of its tests of the Foundation's compliance with certain provisions of laws, regulations, contracts, and grant agreements. The Foundation concurred with the IPA's conclusions. GAO's review of the Foundation's fiscal year 2020 financial statement audit, as differentiated from an audit of the financial statements, was not intended to enable GAO to express, and it does not express, an opinion on the Foundation's financial statements or conclude on the effectiveness of its internal control over financial reporting. Furthermore, GAO does not express an opinion on the Foundation's compliance with provisions of applicable laws, regulations, contracts, and grant agreements. The IPA is responsible for its reports on the Foundation dated April 6, 2021, and the conclusions expressed therein. GAO provided a draft of this report to the Foundation and the IPA for review and comment. The Foundation's National Director and the IPA's Audit Principal each replied in emails that they had no comments on the draft report.  Why GAO Did This Study This report presents the results of GAO's review of the Foundation's fiscal year 2020 financial statement audit. The Congressional Award Act established the Congressional Award Board to carry out a program to promote excellence among the nation's youth in the areas of public service, personal development, physical fitness, and expedition or exploration. The Board created the Foundation as a nonprofit corporation to assist in carrying out this program. The Congressional Award Act, as amended by the Government Reports Elimination Act of 2014, requires the Foundation to obtain an annual financial statement audit from an IPA. The act also requires GAO to review the audit and report the results to the Congress annually. GAO's objective was to review the audit of the Foundation's fiscal year 2020 financial statements. To satisfy this objective, GAO (1) read and considered various documents with respect to the IPA's independence, objectivity, and qualifications; (2) analyzed key IPA audit documentation; (3) read the Foundation's fiscal year 2020 financial statements, the IPA's audit report on the Foundation's financial statements, and the IPA's report on internal control over financial reporting and on compliance or other matters based on its audit; and (4) met with IPA representatives and Foundation management officials.  For more information, contact Beryl H. Davis at (202) 512-2623 or davisbh@gao.gov.
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  • National Science Foundation: COVID-19 Affected Ongoing Construction of Major Facilities Projects
    In U.S GAO News
    What GAO Found Since GAO's April 2020 report on the status of the National Science Foundation's (NSF) major facilities projects, the Large Hadron Collider High Luminosity Upgrade program began construction, and it along with the four other major facilities projects in construction (see figure), have weathered schedule delays associated with the COVID-19 pandemic. To partially account for increased costs associated with the pandemic, such as the cost of paying project staff while work is paused, NSF has authorized $38.9 million in total project cost increases to the award recipients constructing three of the five projects: $18.9 million for the Daniel K. Inouye Solar Telescope, $10.0 million for the Vera C. Rubin Observatory, and $10.0 million for Regional Class Research Vessels. Because the pandemic is ongoing and its full effects are not yet known, NSF expects to make further adjustments to the cost and schedule of all five major projects in construction. Design work on an additional major facility project continued without significant interruption from the pandemic. Further, NSF made awards to begin the agency's first three mid-scale research infrastructure projects. National Science Foundation Major Facilities Projects in Construction NSF has fully implemented GAO's prior recommendation on information sharing among award recipients and has drafted guidance or taken other steps towards addressing GAO's three remaining recommendations. To enhance information sharing among award recipients, NSF added a section to its terms and conditions in its major facilities agreements that encourages awardees to share information among awardees and participate in a knowledge management program. Why GAO Did This Study NSF supports the design, construction, and operations of science and engineering research infrastructure such as telescopes and research vessels. These projects include major facilities that cost over $100 million to construct or acquire, and mid-scale research infrastructure projects. Over the past 5 fiscal years, NSF has received over $1 billion in appropriations for these projects. Prior GAO reports reviewed NSF's oversight of the projects, its cost estimating and schedule policies, and the project management expertise of its oversight workforce. Senate Report 115-275, Senate Report 114-239, and House Report 114-605 included provisions for GAO to review and report annually on projects funded from NSF's Major Research Equipment and Facilities Construction account. This report, the fourth, examines (1) the cost and schedule performance of NSF's ongoing major facilities and mid-scale research infrastructure projects and (2) the extent to which NSF has implemented prior GAO recommendations related to its management of major facilities. GAO reviewed NSF and award recipient documents for the projects. GAO examined policies and procedures to identify efforts to implement recommendations and interviewed NSF officials for clarifying information.
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  • Program Evaluation: Key Terms and Concepts
    In U.S GAO News
    Both the executive branch and congressional committees need evaluative information to help them make decisions about the programs they oversee—information that tells them whether, and why, a program is working well or not. The Government Performance and Results Act of 1993 (GPRA) and GPRA Modernization Act of 2010 (GPRAMA) established a framework for performance management and accountability within the federal government. Building on that foundation, Congress has since passed, among other laws, the Foundations for Evidence-Based Policymaking Act of 2018 (Evidence Act) to strengthen the evidence-building efforts of executive branch agencies. This product updates our previous glossary (GAO-11-646SP) to highlight different types of evaluations for answering questions about program performance, as well as relevant issues to ensure study quality. This glossary can help agency officials better understand fundamental concepts related to evaluation and enhance their evidence-building capacity. For more information, contact Lawrance Evans, Jr. at 202-512-2700 or EvansL@gao.gov.
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  • Lead Paint in Housing: HUD Has Not Identified High-Risk Project-Based Rental Assistance Properties
    In U.S GAO News
    During fiscal years 2018 and 2019, the Department of Housing and Urban Development (HUD) obligated about $421 million through two grant programs to state and local governments to help identify and control lead paint hazards in housing for low-income households. HUD also issued guidelines for evaluating and controlling lead paint hazards, generally encouraging abatement (such as replacing building components containing lead) as the preferred long-term solution. HUD has supported research on lead paint hazard control and provided education and outreach to public housing agencies, property owners, and the public through publications and training events. HUD monitors lead paint-related risks in its Project-Based Rental Assistance Program, one of HUD's three largest rental assistance programs, through management reviews and periodic physical inspections, but has not conducted a comprehensive risk assessment to identify properties posing the greatest risk to children under the age of 6. HUD's management reviews include assessing property owners' compliance with lead paint regulations—such as by reviewing lead disclosure forms, records of lead inspections, and plans to address lead paint hazards. Inspectors from HUD's Real Estate Assessment Center also assess the physical condition of properties, including identifying damaged paint that could indicate lead paint risks. According to HUD officials, they have not conducted risk assessments in project-based rental assistance housing because they believe the program has relatively few older and potentially riskier properties. However, GAO's analysis of HUD data found that 21 percent of project-based rental assistance properties have at least one building constructed before 1978 (when lead paint was banned in homes) and house over 138,000 children under the age of 6. If HUD used available program data to inform periodic risk assessments, HUD could identify which of the properties pose the greatest risk of exposure to lead paint hazards for children under the age of 6. Unless HUD develops a strategy for managing the risks associated with lead paint and lead paint hazards in project-based rental assistance housing, it may miss the opportunity to prevent children under the age of 6 from being inadvertently exposed to lead paint in those properties. Project-Based Rental Assistance Properties with at Least One Building Built before 1978 and That House Children under Age 6, as of December 31, 2019 Note: Children under the age of 6 are at the greatest risk of lead exposure because they have frequent hand-to-mouth contact, often crawl on the floor, and ingest nonfood items. Lead paint exposure in children under the age of 6 can cause brain damage, slowed development, and learning and behavioral problems. Exposure to lead paint hazards can cause serious harm to children under 6 years old. HUD is required by law to reduce the risk of lead paint hazards in HUD-assisted rental housing—including project-based rental assistance (subsidies to make privately owned multifamily properties affordable to low-income households). The 2019 Consolidated Appropriations Act Joint Explanatory Statement includes a provision for GAO to review, among other things, HUD's oversight of lead paint and related hazards in affordable rental housing. This report (1) describes how HUD programs and guidance address lead paint hazards in HUD-assisted and other low-income rental housing, and (2) examines HUD's oversight procedures for assessing risk for lead paint hazards in project-based rental assistance housing. GAO reviewed HUD and Environmental Protection Agency (EPA) lead paint regulations and documents on lead programs and methods for addressing lead paint hazards. GAO reviewed HUD oversight policies and procedures and analyzed HUD data on building and tenant age. GAO interviewed staff at HUD, EPA, and organizations that advocate for safe affordable housing. GAO recommends that HUD (1) conduct periodic risk assessments for the Project-Based Rental Assistance Program and (2) develop and implement plans to proactively manage identified lead paint risks. HUD agreed to conduct periodic risk assessments and develop and implement a plan to proactively manage risks. For more information, contact John H. Pendleton at (202) 512-8678 or pendletonj@gao.gov.
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    A former Texas energy broker pleaded guilty Monday to conspiracy to commit commodities fraud and wire fraud and to violate various provisions of the Commodity Exchange Act for his role in an insider trading and kickback scheme. 
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    On Wednesday, a federal grand jury in the District of Puerto Rico returned an eight-count indictment against legislator Nelson Del Valle Colon (Del Valle), a member of the Puerto Rico House of Representatives, as well as two of his employees, Nickolle Santos-Estrada (Santos) and her mother Mildred Estrada-Rojas (Estrada), for their alleged participation in a multi-year theft, bribery, and kickback conspiracy.
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  • Spectrum Management: Agencies Should Strengthen Collaborative Mechanisms and Processes to Address Potential Interference
    In U.S GAO News
    What GAO Found The Federal Communications Commission (FCC) and National Telecommunications and Information Administration (NTIA) regulate and manage spectrum, and other agencies, such as the National Oceanic and Atmospheric Administration (NOAA) and National Aeronautics and Space Administration (NASA) are among federal spectrum users. To address potential interference among proposed uses of spectrum, these agencies employ various coordination mechanisms. For domestic matters, the agencies coordinate through an NTIA-led committee that provides input to FCC’s spectrum proceedings. For U.S. participation in the International Telecommunication Union’s (ITU) World Radiocommunication Conferences (WRC), agencies coordinate via a preparatory committee that provides input used to develop U.S. positions that the Department of State submits to a regional body or directly to the WRC (see figure). Technical Coordination Process for U.S. Participation in WRC These mechanisms reflect some key collaboration practices but do not fully reflect others. For example, while the documents that guide coordination between FCC and NTIA and the preparatory committee emphasize reaching consensus whenever possible, there are no clearly defined and agreed-upon processes for resolving matters when agencies cannot do so. Additionally, neither document has been updated in almost 20 years, though agency officials said conditions regarding spectrum management activities have changed in that time. GAO’s review of U.S. participation in ITU’s 2019 WRC shows that these issues affected collaboration. For example, disputes among the agencies and the inability to reach agreement on U.S. technical contributions challenged the U.S.’s ability to present an agreed-upon basis for decisions or a unified position. NOAA and NASA conduct and FCC and NTIA review technical interference studies on a case-by-case basis. When originating from ITU activities, the agencies conduct or review technical interference studies through participation in international technical meetings and the preparatory committee process. However, the lack of consensus on study design and, within the U.S. process, specific procedures to guide the design of these types of studies, hampered U.S. efforts to prepare for the 2019 WRC. For example, the U.S. did not submit its studies on certain key issues to the final technical meeting, resulting in some stakeholders questioning whether the corresponding U.S. positions were technically rooted. Agreed-upon procedures could help guide U.S. efforts to design these studies and consider tradeoffs between what is desirable versus practical, to mitigate the possibility of protracted disagreements in the future. Why GAO Did This Study This testimony summarizes the information contained in GAO's June 2021 report, entitled Spectrum Management: Agencies Should Strengthen Collaborative Mechanisms and Processes to Address Potential Interference  (GAO-21-474). For more information, contact Andrew Von Ah at (202) 512-2834 or vonaha@gao.gov, or Karen L. Howard at (202) 512-6888 or howardk@gao.gov.
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    In U.S GAO News
    What GAO Found U.S. research may be subject to undue foreign influence in cases where a researcher has a foreign conflict of interest. Federal grant-making agencies, such as the National Institutes of Health (NIH), can address this threat by implementing conflict of interest policies and requiring the disclosure of information that may indicate potential conflicts. GAO found that NIH's policy focuses on financial conflicts of interest but does not specifically address or define non-financial interests, which may include multiple professional appointments. In the absence of agency-wide policies and definitions on non-financial interests, universities that receive federal grant funding may lack sufficient guidance to identify and manage conflicts appropriately, potentially increasing the risk of undue foreign influence. In its report, GAO noted that NIH also requires researchers to disclose information—such as foreign support for their research—as part of grant proposals, and that such information could be used to determine if certain conflicts exist. National Institutes of Health Disclosure Requirements for Grantees as of December 2020 NIH relies on universities to monitor financial conflicts of interest, and the agency collects information, such as foreign collaborations, that could be used to identify non-financial conflicts. NIH has taken action in cases where it identified researchers who failed to disclose financial or non-financial information. Such actions included referring cases to the Department of Justice for criminal investigation. Additionally, NIH has written procedures for addressing allegations of failures to disclose required information. In interviews, stakeholders identified opportunities to improve agency responses to prevent undue foreign influence in federally funded research. For example, agencies could harmonize grant application requirements and better communicate identified risks. NIH has taken steps to address the issue of foreign influence in the areas stakeholders identified. Why GAO Did This Study The federal government reported expending about $44.5 billion on university science and engineering research in fiscal year 2019. The Department of Health and Human Services funds over half of all such federal expenditures, and NIH accounts for almost all of this funding. Safeguarding the U.S. research enterprise from threats of foreign influence is of critical importance. Recent reports by GAO and others have noted challenges faced by the research community to combat undue foreign influence, while maintaining an open research environment. This testimony discusses (1) NIH's conflict of interest policy and disclosure requirements that address potential foreign influence, (2) NIH's mechanisms to monitor and enforce its policy and requirements, and (3) the steps NIH has taken to address concerns about foreign influence in federally funded research identified by stakeholders. It is based on a report that GAO issued in December 2020 (GAO-21-130).
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    In U.S GAO News
    From fiscal years 2010 through 2018, the Federal Emergency Management Agency (FEMA) obligated over $11 billion through four grant programs that fund state and local hazard mitigation efforts. FEMA awarded about 88 percent of this amount through the two grant programs that fund hazard mitigation post-disaster. State and local officials from selected jurisdictions reported challenges with FEMA's hazard mitigation grant programs. Specifically, officials GAO interviewed from 10 of the 12 jurisdictions said grant application processes were complex and lengthy. To address this, FEMA officials augmented guidance and began monitoring application review time frames for one program and said they intend to assess two other programs to identify opportunities to streamline. However, they did not have a documented plan for doing so. By developing and implementing a plan to identify ways to streamline applications and reviews for all four programs, FEMA could reduce barriers to investments in hazard mitigation. Officials from eight of the 12 jurisdictions also cited challenges with applicants' technical capacity to successfully apply for grants. To address this, FEMA developed training and guidance, but GAO found that these resources are listed on different parts of its website and can be difficult for state and local officials to locate. Creating a centralized inventory of resources could improve applicant capacity to successfully develop mitigation projects and apply for grants. Examples of Hazard Mitigation Projects FEMA has assessed some effects of grant-funded hazard mitigation projects, but could expand efforts and better share results. FEMA uses benefit-cost analysis, which estimates the benefits over the life of a project, and post-disaster loss avoidance studies, which estimate project benefits from actual hazard events, to assess project effects. However, the loss avoidance studies have been limited to hurricanes, floods, and tornados, and have not assessed wildfires, winter storms, or other disasters. FEMA officials stated that they would like to expand these studies but do not have specific plans to do so. In addition, FEMA requires some states to assess the effectiveness of their mitigation projects, but does not share these studies. Developing a plan to conduct loss avoidance studies for other hazards and sharing the state studies could help FEMA and stakeholders make better informed mitigation investment decisions. The rising number of natural disasters and increasing reliance on federal assistance are key sources of federal fiscal exposure. FEMA has four grant programs to increase disaster resilience through hazard mitigation projects. The Additional Supplemental Appropriations for Disaster Relief Act, 2019, included a provision for GAO to review the federal response to disasters in 2018. This report addresses 1) FEMA's use of grants to support hazard mitigation; 2) challenges reported by selected jurisdictions applying for grants; and 3) how FEMA has assessed the effects of its hazard mitigation projects and shared the results. GAO analyzed FEMA's grant data for fiscal years 2010 through 2018 to capture the most complete recent data, conducted nongeneralizable site visits with 12 state and local jurisdictions selected to capture a range of grant funding levels and hazards, reviewed FEMA grant documents, and interviewed FEMA mitigation officials. GAO is making six recommendations, including that FEMA develop a plan to assess and streamline its hazard mitigation grant programs, create a centralized inventory of related resources, develop a plan to conduct more loss avoidance studies, and share state studies on hazard mitigation effectiveness. The Department of Homeland Security concurred with our recommendations. For more information, contact Chris Currie at (404) 679-1875 or CurrieC@gao.gov.
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  • California University To Pay $225,000 For Allegedly Violating Ban On Incentive Compensation
    In Crime News
    San Diego Christian College (SDCC), based in Santee, California, will pay $225,000 to resolve allegations under the False Claims Act for submitting false claims to the U.S. Department of Education in violation of the federal ban on incentive-based compensation, the Justice Department announced today.
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  • K-12 Education: School Districts Need Better Information to Help Improve Access for People with Disabilities
    In U.S GAO News
    Two-thirds of U.S. public school districts have schools with physical barriers that may limit access for people with disabilities, according to GAO's survey of district officials. Barriers, such as a lack of accessible door hardware and steep ramps, can make it challenging for students, teachers, and others with disabilities to use public school facilities (see fig.). In 55 schools across six states, the most common areas with barriers GAO observed were restrooms, interior doorways, and classrooms. GAO also observed barriers related to safety and security. For example, for security, some schools had installed double-door vestibules with limited maneuvering space that could trap people who use wheelchairs. Examples of Doorway and Auditorium Barriers GAO Observed in Schools Note: Barriers presented in this figure potentially limit physical access for people with disabilities, but taken alone, would not necessarily establish whether a legal violation has occurred. An estimated 70 percent of districts had large-scale renovations, small-scale upgrades, or accessibility evaluations planned in the next 3 calendar years, but frequently cited funding constraints as a challenge to these efforts. Districts also identified the need to prioritize projects that keep buildings operational, such as roofing and heating projects. In addition, GAO's survey, observations during site visits, and interviews with national disability groups revealed a tension between making safety and security upgrades and improving physical accessibility. The Department of Justice (Justice) has not provided technical assistance on physical accessibility in schools, and GAO's surveys indicate such help is needed. Justice has authority to provide information on interpreting the Americans with Disabilities Act of 1990 (ADA), including for public schools, and it has provided technical assistance regarding other public facilities, such as stadiums. In addition, Justice, along with the Department of Education (Education) and other federal agencies, recently launched a new website on school safety, but it does not include specific information on how to improve accessibility of public school facilities or provide information on ADA requirements in the context of school safety upgrades. Without such information, federal agencies may miss opportunities to help ensure that people with disabilities have safe and secure access to public school facilities. National reports have raised concerns about the physical accessibility of public school facilities for people with disabilities. These facilities serve important roles as schools, voting locations, and emergency shelters, among other things. GAO was asked to examine the physical accessibility of public school facilities. This report examines the extent to which (1) school districts have school facilities with physical barriers that may limit access for people with disabilities, (2) districts plan to improve the accessibility of school facilities and the challenges they face, and (3) Justice and Education assist districts and states in improving school facilities' physical accessibility. GAO conducted a nationally representative survey of school districts; surveyed states and the District of Columbia; examined 55 schools across six states, selected for variation in size and other characteristics; reviewed relevant federal laws, regulations, and guidance; and interviewed federal, state, and school district officials, and national disability groups. GAO recommends that Justice work with Education to (1) provide information specific to accessibility of public school facilities and (2) provide information on federal accessibility requirements in the context of public school safety and security. Justice neither agreed nor disagreed with GAO's recommendations. For more information, contact Jacqueline M. Nowicki at (617) 788-0580 or nowickij@gao.gov.
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  • Execution Rescheduled for Federal Inmate Convicted of Brutally Murdering a Grandmother and her Nine-Year-Old Granddaughter
    In Crime News
    Attorney General William [Read More…]
  • Florida Doctor Charged in Massive $681 Million Substance Abuse Treatment Fraud Scheme
    In Crime News
    A Palm Beach County, Florida doctor was arrested and charged with conspiring to commit health care fraud and wire fraud for his alleged participation in a massive years-long health care fraud scheme throughout Palm Beach County, billing for fraudulent tests and treatments for vulnerable patients seeking treatment for drug and/or alcohol addiction.
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  • Defense Budget: Opportunities Exist to Improve DOD’s Management of Defense Spending
    In U.S GAO News
    GAO's previous work has shown that a number of opportunities exist for the Department of Defense (DOD) to strengthen management of defense spending, which would help the department address the challenges it faces, especially in a constrained budget environment. These opportunities include: Improving budgeting execution of funds. DOD does not fully obligate the funds appropriated to it and can improve both its budgeting for and its use of the resources that are provided to it. For example, GAO found that DOD has left billions of dollars in appropriated amounts unspent over the past 10 fiscal years. Better estimating annual budget requirements and obligating appropriations provided by Congress within the period of availability established by Congress would help DOD minimize these cases of under-execution. More clearly determining future resource requirements related to overseas contingency operations. DOD and Congress need a clearer determination of DOD's future resource requirements, in particular how and whether to incorporate enduring Overseas Contingency Operations (OCO) costs—costs that will endure beyond ongoing contingency operations—into DOD's base budget. These costs could total tens of billions of dollars a year. However, few details exist as to what makes up these enduring costs or how they were derived, raising questions about how much should be included as future requirements. Reducing improper payments. Addressing improper payments—payments that should not have been made or were made in an incorrect amount—is an area where better financial management could save DOD billions of dollars. In its fiscal year 2020 agency financial report, DOD estimated that it paid about $11.4 billion in improper payments, or about 1.7 percent of all payments it made that year. DOD has taken steps to reduce improper payments in some areas, but DOD's estimates of its improper payments in other areas indicate more remains to be done. Sustaining and refining department-wide business reform efforts. DOD must transform its overall business operations so that it can more efficiently and effectively use its resources. In recent years, DOD reported notable achievements from its most recent department-wide business reform efforts, including $37 billion in savings from fiscal years 2017 to 2021 as a result of these efforts. However, GAO previously found that while DOD's reported savings were largely reflected in its budget materials, the analyses underlying these estimates were not always well documented and the savings were not always the result of business reform. Moreover, uncertainty about the leadership structure at DOD for overseeing and reforming business operations, including the recent elimination of the Chief Management Officer position, calls into question whether efforts to fundamentally transform how the department does business can be realized and sustained. GAO has previously highlighted the importance of DOD providing clear department-wide guidance on roles, responsibilities, authorities, and resources for business reform efforts will be necessary for DOD to make progress in these efforts. Decisions by DOD and Congress regarding long-term defense needs will have a meaningful impact on the nation's fiscal future. As the single largest category of discretionary spending, defense spending is likely to play a large role in any discussion of future federal spending. GAO and others have found that DOD faces challenges that are likely to put pressure on its budget moving forward. DOD is the only major federal agency that has been unable to receive a clean audit opinion on its financial statements. This testimony provides information on how DOD can better manage defense spending, specifically related to its ability to (1) accurately estimate its budgetary requirements and execute its appropriated funds, (2) determine resource requirements related to overseas contingency operations, (3) reduce improper payments, and (4) sustain and refine department-wide reform efforts. For this testimony, GAO reviewed and summarized its recent work on DOD budget and financial management issues and departmental reform efforts. In prior work on which this testimony is based, GAO made recommendations that DOD take steps to better estimate its annual budget requirements and future fiscal needs for OCO, reduce improper payments, and refine and formalize its departmental reform efforts. DOD generally concurred with these recommendations and is working toward implementing them. For more information, contact Elizabeth A. Field at (202) 512-2775 or fielde1@gao.gov.
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