SAP Admits to Thousands of Illegal Exports of its Software Products to Iran and Enters into Non-Prosecution Agreement with DOJ

Software company, SAP SE, headquartered in Walldorf, Germany, has agreed to pay combined penalties of more than $8 million as part of a global resolution with the U.S. Departments of Justice (DOJ), Commerce and Treasury.

More from: April 29, 2021

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  • Justice Department Defends Health Care Workers from Being Forced to Perform Abortions with Vermont Lawsuit
    In Crime News
    The Justice Department’s Civil Rights Division today filed a civil lawsuit in Vermont federal court against the University of Vermont Medical Center (UVMMC) for violating the federal anti-discrimination statute known as the “Church Amendments.” That statute prohibits health care entities like UVMMC from discriminating against health care workers who follow their conscience and refuse to perform or assist with abortions.
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  • DISH Network to Pay $210 Million for Telemarketing Violations
    In Crime News
    The Department of Justice today announced a settlement in which DISH Network LLC (DISH) will pay $126 million in civil penalties to the United States for placing millions of telemarketing calls in violation of the FTC’s Telemarketing Sales Rule (TSR). This settlement represents the largest civil penalty ever paid to resolve telemarketing violations under the FTC Act, and exceeds the total penalties paid to the government by all prior violators of the TSR. DISH will also pay a combined $84 million to four states for violations of the Telephone Consumer Protection Act, for a total settlement of $210 million.
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  • Military Spouse Employment: DOD Should Continue Assessing State Licensing Practices and Increase Awareness of Resources
    In U.S GAO News
    According to estimates from Department of Defense (DOD) survey data, roughly one-quarter of military spouses who were in the workforce and in career fields that required credentials (state licenses or certifications) were unemployed in 2017. In that same year, about one-quarter of spouses who were employed in credentialed career fields were working outside their area of expertise, and about one in seven were working part-time due to a lack of full-time opportunities—two potential indicators of underemployment. Employment outcomes for military spouses may also vary due to other factors, including their partner's rank and frequent moves, according to DOD survey data and GAO's literature review. In February 2020, the Defense State Liaison Office, which works on key issues affecting military families, assessed states' use of best practices that help military spouses transfer occupational licenses. For example, the Liaison Office found that 34 states could increase their use of interstate compacts, which allow spouses in certain career fields, such as nursing, to work in multiple states without relicensing (see figure). However, the Liaison Office does not plan to continue these assessments, or assess whether states' efforts are improving spouses' experiences with transferring licenses. As a result, DOD may not have up-to-date information on states' actions that help spouses transfer their licenses and maintain employment. Assessment by the Defense State Liaison Office of Number of States Using Interstate Compacts to Improve Military Spouse Employment DOD and the military services use a range of virtual and in-person outreach to promote awareness of employment resources among military spouses. For example, officials GAO interviewed at installations said they promoted resources through social media and at orientation briefings. Nonetheless, GAO found that inconsistent information sharing across DOD and with external stakeholders who help spouses with employment hindered the effectiveness of outreach. For instance, officials from two services said they do not have methods to regularly exchange outreach best practices or challenges, while officials from another service said they have quarterly staff calls to share lessons learned. Without strategies for sharing information among internal and external stakeholders, DOD may miss opportunities to increase spouses' awareness of available resources, and improve their employment opportunities. There were over 605,000 spouses of active duty servicemembers in the U.S. military as of 2018. These spouses may face conditions associated with the military lifestyle that make it challenging to start or maintain a career, including frequent moves and difficulties transferring occupational licenses. House Armed Services Committee Report 116-120 accompanying the National Defense Authorization Act for Fiscal Year 2020 included a provision for GAO to review several matters related to military spouse employment. This report examines (1) selected employment outcomes for military spouses, (2) DOD's efforts to evaluate states' licensing policies for spouses, and (3) DOD's outreach efforts to promote awareness of employment resources. GAO reviewed DOD documentation and 2017 survey data (most recent available), relevant literature, and federal laws; interviewed DOD and military services officials and relevant stakeholders; and spoke with staff at six military installations selected based on the numbers of servicemembers, among other factors. GAO is making two recommendations to DOD to continue assessing and reporting on states' efforts to help military spouses transfer occupational licenses, and to establish information sharing strategies on outreach to military spouses about employment resources. DOD concurred with both recommendations. For more information, contact Elizabeth Curda at (202) 512-7215 or curdae@gao.gov.
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  • National Security: DOD and State Have Processes for Formal and Informal Challenges to the Classification of Information
    In U.S GAO News
    What GAO Found The Department of Defense (DOD) and the Department of State (State) have similar processes for formal challenges to the classification of information. For example, if there is reason to believe that information is improperly classified, authorized holders—including executive branch agency or contractor personnel with relevant clearances—can submit a formal classification challenge in writing (see figure). Officials will then review the classification challenge and make a determination. If a formal challenge is denied, the authorized holder can then appeal to senior officials within the agency, and if the agency denies the appeal, the authorized holder can appeal directly to the Interagency Security Classification Appeals Panel (ISCAP). ISCAP, established by Executive Order, then issues a decision that is final unless the head of the agency appeals ISCAP's decision to the President. Processes for Formal Challenges to the Classification of Information aIndividual refers to an authorized holder with access to classified information. Both DOD and State encourage authorized holders to resolve classification challenges informally before pursuing a formal classification challenge. According to DOD and State officials, informal challenges can be done in person, by phone, or by email. For example, officials told GAO that authorized holders can contact the relevant information security office about whether classified documents are marked properly. According to DOD and State officials, Members of Congress (Members) may use their existing processes to formally and informally challenge the classification of information. However, according to officials from the Information Security Oversight Office (ISOO), which provides support to ISCAP, Members cannot appeal a decision to ISCAP. Instead, Members can appeal to the Public Interest Declassification Board (PIDB), a statutory body that makes recommendations to the President in response to certain congressional requests to evaluate the proper classification of records. DOD officials stated that they do not have any knowledge of ever receiving a formal classification challenge from Members. State officials stated that they did not receive any formal classification challenges from Members in 2017 through 2020. ISOO officials also stated that the panel received its first formal classification challenge from a Member in 2020. ISCAP subsequently denied the challenge and directed the Member to the PIDB. Why GAO Did This Study Classified national security information is vital to U.S. national interests. The appropriate protection and handling of this information is a top priority for the executive branch and Congress. Based on guidance, such as Executive Order 13526, Classified National Security Information, authorized holders with access to classified information may submit a classification challenge if there are reasons to believe information is improperly classified. According to DOD and State officials, Members may also submit a classification challenge. GAO was asked to review the processes for challenging the classification of national security information. This report describes (1) the processes to challenge the classification of information at DOD and State; and (2) the processes that Members of Congress can use to challenge the classification of information at DOD and State. GAO reviewed applicable laws and regulations, and DOD, State, and other guidance related to the classification of information and classification challenge processes. GAO also interviewed DOD, State and ISOO officials. For more information, contact Joe Kirschbaum at (202) 512-9971 or Kirschbaumj@gao.gov.
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  • Venezuela: Additional Tracking Could Aid Treasury’s Efforts to Mitigate Any Adverse Impacts U.S. Sanctions Might Have on Humanitarian Assistance
    In U.S GAO News
    The Venezuelan economy's performance has declined steadily for almost a decade and fallen steeply since the imposition of a series of U.S. sanctions starting in 2015. For example, the economy declined from negative 6.2 percent gross domestic product growth in 2015 to negative 35 percent in 2019 and negative 25 percent in 2020. The sanctions, particularly on the state oil company in 2019, likely contributed to the steeper decline of the Venezuelan economy, primarily by limiting revenue from oil production. However, mismanagement of Venezuela's state oil company and decreasing oil prices are among other factors that have also affected the economy's performance during this period. U.S. agencies have sought input from humanitarian organizations to identify the potential negative humanitarian consequences of sanctions related to Venezuela and taken steps to mitigate these issues. The U.S. Agency for International Development (USAID) and Department of State (State) have solicited input from U.S.-funded humanitarian organizations on challenges they face, including the impact of sanctions. The U.S. Department of the Treasury (Treasury) and State have also taken steps to mitigate negative consequences. For example, Treasury issued licenses permitting various types of humanitarian assistance transactions in Venezuela (see figure). Treasury also maintains a call center and email account through which organizations can receive assistance with compliance issues or other challenges related to sanctions. While Treasury officials told GAO they respond to individual inquiries, Treasury does not systematically track and analyze information from these inquiries to identify trends or recurrent issues. Without collection and analysis of this information, Treasury and its interagency partners may be limited in their ability to develop further actions to ensure that U.S. sanctions do not disrupt humanitarian assistance. U.S. Humanitarian Assistance Supplies for Venezuelans U.S. sanctions related to Venezuela have likely had a limited impact, if any, on the U.S. oil industry. Despite an overall lower supply of oil in the U.S. market from the loss of Venezuelan crude oil due to sanctions, crude oil and retail gasoline prices in the U.S. have not increased substantially. Many other factors in addition to the sanctions simultaneously affected the oil market and the price of crude oil and retail gasoline prices, including production cuts in January 2019 by the Organization of the Petroleum Exporting Countries and decreased demand for energy during the COVID-19 pandemic. According to industry officials to whom GAO spoke, U.S. refineries have adjusted to these changes by shifting to alternative sources and types of crude oil. Venezuela has been experiencing an economic, political, and humanitarian crisis. The U.S. government has imposed sanctions on Venezuela's state oil company, government, and central bank, among others, in response to activities of the Venezuelan government and certain individuals. Treasury and the Department of State lead the implementation of the sanctions program, and USAID is primarily responsible for implementing humanitarian assistance for Venezuelans. GAO was asked to review U.S. sanctions related to Venezuela. This report examines: (1) how the Venezuelan economy performed before and since the imposition of sanctions in 2015; (2) the steps U.S. agencies have taken to identify and mitigate potential negative humanitarian consequences of sanctions related to Venezuela; and (3) what is known about the impact of U.S. sanctions related to Venezuela on the U.S. oil industry. GAO analyzed economic indicators, reviewed documents, interviewed agency officials, and spoke with representatives from selected humanitarian organizations and the U.S oil industry. GAO recommends that Treasury systematically track inquiries made to its call center and email account, including the specific sanctions program and the subject matter of the inquiry to identify trends and recurring issues. Treasury concurred with GAO's recommendation. For more information, contact Kimberly Gianopoulos at (202) 512-8612 or GianopoulosK@gao.gov.
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  • Taiwan Individual and International Business Organizations Charged with Criminal Conspiracy to Violate Iranian Sanctions
    In Crime News
    Chin Hua Huang, 42, a resident of Taiwan, was charged in the United States District Court for the District of Columbia with participating in a criminal conspiracy to violate U.S. export laws and sanctions against Iran.  Also charged was Taiwan business organization DES International Co., Ltd. (DES Int’l) and Brunei business organization Soltech Industry Co., Ltd. (Soltech).
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    In Crime News
    Good afternoon, everyone. Thank you all for joining us. I’m Katie Sullivan, the Principal Deputy Assistant Attorney General for the Office of Justice Programs in the U.S. Department of Justice. I’m thrilled to be here today with the outstanding U.S. Attorney for the Western District of Pennsylvania, Scott Brady. I’m also very pleased to be joined by Dr. Mary Ellen Glasgow, Dean of the Duquesne School of Nursing, and Dr. Alison Colbert, Associate Professor in the Duquesne School of Nursing. You’ll hear from each of them in just a moment. I also want to introduce my wonderful colleague, Jessica Hart, the Director of the Office for Victims of Crime, which is part of my agency.
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  • Secretary Michael R. Pompeo With Bud Hedinger of Good Morning Orlando on WFLA Orlando
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  • North Carolina Risk Consultant Pleads Guilty to Tax Fraud and Illegally Possessing a Firearm
    In Crime News
    A Chapel Hill, N.C., businessman pleaded guilty today to filing a false tax return and being a felon in possession of a firearm, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Matthew G.T. Martin for the Middle District of North Carolina.
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  • K-12 Education: U.S. Military Families Generally Have the Same Schooling Options as Other Families and Consider Multiple Factors When Selecting Schools
    In U.S GAO News
    What GAO Found Traditional public schools were the most commonly available schooling option for military families near military installations, similar to schools available to U.S. families in general, according to GAO's analysis of Department of Education 2018-19 data. Over 90 percent of installations had at least one public schooling option nearby—such as a charter or magnet school—in addition to traditional public schools (see figure). Similar to U.S. schools in general, rural installations generally had fewer schooling options compared to their more highly populated urban counterparts. In addition, about one-half of the military installations GAO analyzed are in states that offer private school choice programs that provide eligible students with funding toward a non-public education. At least two of these states have private school choice programs specifically for military families. Public School Options within Average Commuting Distance of Military Installations, School Year 2018-19 Note: According to GAO's analysis of the Department of Transportation's 2017 National Household Travel Survey, the average commuting distance for rural and urban areas is 20 miles and 16 miles, respectively. For the purposes of this report, the term “military installations” refers to the 890 DOD installations and Coast Guard units included in GAO's analysis. Military families in GAO's review commonly reported considering housing options and school features when choosing schools for their children; however, they weighed these factors differently to meet their families' specific needs. For example, one reason parents said that they accepted a longer commute was to live in their preferred school district, while other parents said that they prioritized a shorter commute and increased family time over access to specific schools. Military families also reported considering academics, perceived safety, elective courses, and extracurricular activities. To inform their schooling decisions, most parents said that they rely heavily on their personal networks and social media. Why GAO Did This Study Approximately 650,000 military dependent children in the U.S. face various challenges that may affect their schooling, according to DOD. For example, these children transfer schools up to nine times, on average, before high school graduation. Military families frequently cite education issues for their children as a drawback to military service, according to DOD. GAO was asked to examine the schooling options available to school-age dependents of active-duty servicemembers. This report describes (1) available schooling options for school-age military dependent children in the U.S.; and (2) military families' views on factors they consider and resources they use when making schooling decisions. GAO analyzed data on federal education, military installation locations, and commuting patterns to examine schooling options near military installations. GAO also conducted six discussion groups with a total of 40 parents of school-age military dependent children; and interviewed officials at nine military installations that were selected to reflect a range of factors such as availability of different types of schooling options, rural or urban designation, and geographic region. In addition, GAO reviewed relevant federal laws and guidance, and interviewed officials from DOD, the Coast Guard, and representatives of national advocacy groups for military children. For more information, contact Jacqueline M. Nowicki at (617) 788-0580 or nowickij@gao.gov.
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  • Justice Department Files Lawsuit Against Two California Doctors for Discrimination Against Patient with HIV
    In Crime News
    The Justice Department filed lawsuits today alleging that two obstetrician-gynecologist (OB/GYN) doctors in Bakersfield, California refused to provide routine medical care to a patient on the basis of her HIV status, in violation of Title III of the Americans with Disabilities Act (ADA).
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  • The United States Has Repatriated 27 Americans from Syria and Iraq Including Ten Charged with Terrorism-Related Offenses for Their Support to ISIS
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  • Owner of Tax Preparation Business Sentenced to Prison for Filing False Returns
    In Crime News
    A former Gulfport, Mississippi, tax return preparer was sentenced to 46 months in prison today for aiding and assisting in the preparation of false returns, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Mike Hurst for the Southern District of Mississippi.
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  • Justice Department Settles Lawsuit Against Owners and Mangers of Housing Properties in Honolulu, Hawaii for Discriminating Against Families with Children
    In Crime News
    The Justice Department announced today that it has reached a settlement with the owners and managers of housing in Honolulu, Hawaii, to resolve a lawsuit filed last year alleging that the defendants refused to rent to families with children at properties they owned and managed, in violation of the Fair Housing Act.
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  • Interagency Council on Homelessness: Governance Responsibilities Need Further Clarification
    In U.S GAO News
    The United States Interagency Council on Homelessness (USICH) consists of representatives from 19 federal agencies—including a Chair and Vice-Chair—on its governing Council and a full-time staff led by an Executive Director. The Executive Director has led most day-to-day operations, including hiring and managing staff, preparing budget requests, working with private-sector groups, drafting strategic plans, developing performance goals, and drafting agendas for the Council's quarterly meetings. Council members have quarterly meetings to discuss and consider homelessness issues and review the efforts of the Executive Director and USICH staff. Actions taken at Council meetings held from December 2017 through March 2020 included electing the Chair and Vice-Chair, appointing the Executive Director, and approving the USICH strategic plan and activities of interagency working groups. USICH staff also informed the Council of their performance results during the quarterly meetings. Some roles and responsibilities for the governance of USICH, such as the types of matters that require Council approval, are not fully defined or documented. Recent Council Chairs told GAO they generally did not have a clear understanding of their roles and responsibilities and generally based them on their predecessors' activities. For example, the 2019 Chair stated he saw his responsibilities as preparing and chairing quarterly Council meetings and acting as the Council's external spokesperson, but there were no written procedures detailing these responsibilities. The 2019 Chair also stated that he had no involvement in overseeing the USICH budget or operations, staff, and interagency working groups. Standards of Internal Control for the Federal Government state that for an entity's objectives to be achieved the responsibilities and delegations of authority should be clearly established. At its quarterly meeting held in March 2020, the Council approved a charter that addresses voting mechanics, performance evaluations for the Executive Director, and the authority of the Executive Director to oversee personnel. But the charter does not fully clarify the Council's responsibilities in other areas, such as the responsibilities of the Council Chair, types of matters that would require approval by Council vote, and actions that are within the Executive Director's delegated authority. Additional clarity and documentation in these areas may assist the Council in securing a fuller understanding of its oversight role and responsibilities. The mission of USICH is to coordinate the federal response to homelessness and create partnerships with the private sector and state and local governments to reduce and end homelessness. The joint explanatory statement related to the Consolidated Appropriations Act, 2019 includes a provision for GAO to review the management and governance structure of USICH, including the Council's ability to oversee the Executive Director and USICH operations. This report (1) describes the structure and practices for USICH operations and (2) evaluates the extent to which roles and responsibilities for the governance of USICH have been defined and documented. GAO focused primarily on the 2017–2020 time frame and analyzed agency documentation (such as Council meeting transcripts, and USICH's strategic plan and performance reports) and interviewed Council members, current and former Executive Directors, and staff from member agencies. GAO is recommending that the Council further clarify and document its roles and responsibilities for matters requiring the Council's approval, the role of the Council Chair, and actions within the Executive Director's delegated authority. The Council concurred with the recommendation. For more information, contact Alicia Puente Cackley, (202) 512-8678, cackleya@gao.gov.
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  • Statement by Acting Attorney General Monty Wilkinson on the Pakistani Supreme Court’s Ruling Relating to the Abduction and Murder of Daniel Pearl
    In Crime News
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  • Charleston County School District Agrees to Provide Language Access for Limited English Proficient Parents
    In Crime News
    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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  • 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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    In Crime News
    On December 1, as our country joins in observing World AIDS Day, the Justice Department stands with all people living with Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS). Since the passage of the Americans with Disabilities Act (ADA) 30 years ago, the department has worked zealously, through enforcement, outreach, and technical assistance, to protect and advance the rights of people living with HIV and AIDS. This past year is no exception. 
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  • Information Security and Privacy: HUD Needs a Major Effort to Protect Data Shared with External Entities
    In U.S GAO News
    The Department of Housing and Urban Development (HUD) is not effectively protecting sensitive information exchanged with external entities. Of four leading practices for such oversight, HUD did not address one practice and only minimally addressed the other three in its security and privacy policies and procedures (see table). For example, HUD minimally addressed the first leading practice because its policy required federal agencies and contractors with which it exchanges information to implement risk-based security controls; however, the department did not, among other things, establish a process or mechanism to ensure all external entities complied with security and privacy requirements when processing, storing, or sharing information outside of HUD systems. HUD's weaknesses in the four practices were due largely to a lack of priority given to updating its policies. Until HUD implements the leading practices, it is unlikely that the department will be able to mitigate risks to its programs and program participants. Extent to Which the Department of Housing and Urban Development (HUD) Policies and Procedures Address Leading Practices for Overseeing the Protection of Sensitive Information Practice Rating Require risk-based security and privacy controls ◔ Independently assess implementation of controls ◌ Identify and track corrective actions needed ◔ Monitor progress implementing controls ◔ Legend: ◔=Minimally addressed—leading practice was addressed to a limited extent; ◌=Not addressed—leading practice was not addressed. Source: GAO analysis of HUD data. | GAO-20-431 HUD was not fully able to identify external entities that process, store, or share sensitive information with its systems used to support housing, community investment, or mortgage loan programs. HUD's data were incomplete and did not provide reliable information about external entities with access to sensitive information from these systems. For example, GAO identified additional external entities in system documentation beyond what HUD reported for 23 of 32 systems. HUD was further limited in its ability to protect sensitive information because it did not track the types of personally identifiable information or other sensitive information shared with external entities that required protection. This occurred, in part, because the department did not have a comprehensive inventory of systems, to include information on external entities. Its policies and procedures also focused primarily on security and privacy for internal systems and lacked specificity about how to ensure that all types of external entities protected information collected, processed, or shared with the department. Until HUD develops sufficient, reliable information about external entities with which program information is shared and the extent to which each entity has access to personally identifiable information and other sensitive information, the department will be limited in its ability to safeguard information about its housing, community investment, and mortgage loan programs. To administer housing, community investment, and mortgage loan programs, HUD collects a vast amount of sensitive personal information and shares it with external entities, including federal agencies, contractors, and state, local, and tribal organizations. In 2016, HUD reported two incidents that compromised sensitive information. House Report 115-237, referenced by the Consolidated Appropriations Act, 2018, included a provision for GAO to evaluate HUD's information security framework for protecting information within these programs. The objectives were to (1) assess the effectiveness of HUD's policies and procedures for overseeing the security and privacy of sensitive information exchanged with external entities; and (2) determine the extent to which HUD was able to identify external entities that process, store, and share sensitive information with applicable systems. GAO compared HUD's policies and practices for systems' security and privacy to four leading practices identified in federal legislation and guidance. GAO also assessed HUD's practices for identifying external entities with access to sensitive information. GAO is making five recommendations to HUD to fully implement the four leading practices and fully identify the extent to which sensitive information is shared with external entities. HUD did not agree or disagree with the recommendations, but described actions intended to address them. For more information, contact Carol C. Harris at (202) 512-4456 or harriscc@gao.gov.
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  • Acting Assistant Attorney General Brian C. Rabbitt Delivers Remarks at Health Care Fraud Takedown Press Conference
    In Crime News
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  • Justice Department Files Complaint against Jeffrey Lowe and Tiger King LLC for Violations of the Endangered Species Act and the Animal Welfare Act
    In Crime News
    Today, the Department of Justice filed a civil complaint against Jeffrey and Lauren Lowe, Greater Wynnewood Exotic Animal Park LLC, and Tiger King LLC, to address recurring inhumane treatment and improper handling of animals protected by the Endangered Species Act.
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    In Crime News
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    In Crime News
    Today, the Department of Justice (DOJ), the Federal Aviation Administration (FAA), the Department of Homeland Security (DHS), and the Federal Communications Commission (FCC) issued an advisory guidance document to help non-federal public and private entities better understand the federal laws and regulations that may apply to the use of capabilities to detect and mitigate threats posed by Unmanned Aircraft Systems (UAS) operations.
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  • Climate Resilience: Actions Needed to Ensure DOD Considers Climate Risks to Contractors as Part of Acquisition, Supply, and Risk Assessment
    In U.S GAO News
    The Department of Defense (DOD) has not routinely assessed climate-related risks faced by its contractors as part of its acquisition and supply processes, through which DOD obtains contracted goods and services. DOD's acquisition process includes long-term planning activities such as life-cycle sustainment planning. Its supply chain process includes steps to identify and assess potential disruptions, such as severe storms affecting transportation or energy systems, in order to mitigate risk. However, these processes in general do not systematically identify and consider climate-related risks to materiel acquisition and supply or the acquisition of weapon systems, according to Office of the Secretary of Defense (OSD) and military department officials. DOD's climate change adaptation directive indicates that OSD and the military departments should include climate considerations in acquisition and supply and integrate those considerations into relevant policy and guidance. However, GAO's review of DOD and military department guidance on acquisition and supply found that the guidance did not implement DOD's climate change directive by including consideration of climate change or extreme weather. Until DOD and the military departments include these considerations in their guidance on acquisition and supply chain processes, they risk continuing to develop acquisition strategies and managing supply chains without building climate resilience into these processes and potentially jeopardizing their missions. DOD guidance requires consideration of climate-related risks as part of the mission assurance process, when appropriate. However, GAO found that the department has not assessed risks—including those associated with climate change or extreme weather—to commercially owned facilities, which can support DOD installations as well as weapon systems, as part of this process. Assessing risks to commercial facilities has been a longstanding challenge for DOD, with the department noting in 2012 that it had paid inadequate attention to challenges outside of DOD-owned facilities and citing a limited understanding of supply chain risks as a pervasive problem. DOD's mission assurance guidance includes minimum requirements for assessments of certain non-DOD-owned facilities, such as completion of an all-hazards threat assessment. However, DOD officials stated that they had not conducted such assessments. The officials noted that DOD is limited in its ability to conduct such assessments, as it does not have the same access to commercial facilities as it does to its own facilities. While DOD officials stated that they are exploring alternative ways of assessing risks to commercial facilities, they noted that these efforts are in the early stages. Without determining what approaches may be feasible for assessing risks to commercial facilities as part of the mission assurance process and issuing or updating guidance accordingly, DOD may not fully evaluate the risks to critical commercial facilities as part of the mission assurance process, leaving gaps in its knowledge of potential risks—to include climate and weather-related risks—to its ability to fulfill key missions dependent on such facilities. Since 2010, DOD has identified climate change as a threat to its operations and installations. The department relies on contracted goods and services for its mission and installations. Climate change is projected to have broad effects that could affect DOD's supply chains, and any associated risks to contractors can have an impact on DOD. One way DOD assesses risk to its missions is through mission assurance, which is a process to protect or ensure the function of capabilities and assets critical to its missions. GAO was asked to review potential threats to national security from the effects of climate change on defense contractors. GAO examined the extent to which DOD assesses the potential effects on its operations from climate change and extreme weather risks faced by its contractors through the department's (1) acquisition and supply processes, and (2) mission assurance process. GAO reviewed DOD acquisition, supply, and mission assurance documents and interviewed relevant DOD officials and contractor representatives. GAO is making six recommendations, including that DOD incorporate climate adaptation into its acquisition and supply guidance and issue or update guidance on mission assurance-related assessments for commercial facilities. DOD concurred with three recommendations and partially concurred with three. GAO continues to believe that DOD should fully implement its recommendations. For more information, contact Elizabeth A. Field at (202) 512-2775 or fielde1@gao.gov.
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  • Puerto Rico: Perspectives on the Potential to Expand Air Cargo Operations
    In U.S GAO News
    Cargo was flown by air between more than 97 countries within the selected regions of Africa, Europe, Latin America, and the U.S. that may affect air cargo expansion in Puerto Rico. However, according to Department of Transportation (DOT) and European Union data, most international air cargo transportation was concentrated at a handful of countries and at airports in these regions. For example, four countries in Europe accounted for 72 percent of the U.S.-European Union air cargo transported, by weight. Likewise for airports, Miami International Airport accounted for 70 percent of air cargo transported between the U.S. and Latin America. Worldwide, cargo-only carriers transported on average 13.8 billion pounds of air cargo to and from the U.S. from 2016 through 2018. Of that cargo, two of the selected regions—Latin America and Europe—when combined accounted for 46 percent. Air Cargo Transported by Cargo-Only Airlines between the U.S. and Global Regions, Average Weight in Millions of Pounds, 2016 through 2018 Based on interviews with industry stakeholders and studies reviewed. GAO identified four factors that are generally associated with an airport's ability to attract air cargo traffic: (1) an airport's geographical location; (2) its proximity to transportation networks; (3) its supporting airport infrastructure and resources; and (4) the governmental and regulatory environments. For example, an airport located near businesses that generate large volumes of both inbound and outbound cargo that could be transported by air may be an important geographic factor for air carriers. Puerto Rican government and industry stakeholders GAO spoke with said that increased air cargo would benefit its airports and lead to positive effects on the Puerto Rican economy. For example, officials noted that expansion of air cargo operations could increase the use of underutilized airports and create opportunities for existing industry—such as the pharmaceutical, medical device, and aerospace industries—and help develop new ones. Puerto Rican and industry stakeholders had varying perspectives on the potential for Puerto Rico's expanding its air cargo operations. For example, some stakeholders said Puerto Rico's geographic location may allow it to serve as a refueling and cargo distribution point, particularly for flights between Europe and Latin America, while others said the island may be too close to some Latin American destinations to serve that purpose. Whether and to what extent Puerto Rico can increase air cargo operations depends on how air carriers weigh the various factors discussed above. Puerto Rico's economy has been in decline for much of the last 15 years and was devastated by hurricanes in 2017. Puerto Rico has sought to increase air cargo and passenger traffic at its international airports as a means to bolster and diversify its economy. Specifically, Puerto Rico seeks to serve as a transshipment point for transferring cargo between air carriers flying from Europe to Latin America. Air cargo, whether carried in the holds of passenger aircraft or by cargo-only aircraft, is an important component of global trade. The FAA Reauthorization Act of 2018 includes a provision for GAO to study the international air cargo transportation services among the United States and the African, Latin American, and European regions and the potential expansion of air cargo operations in Puerto Rico. This report addresses (1) what is known about air cargo operations between these world regions; (2) factors affecting the development of air cargo markets; and (3) Puerto Rican officials' and selected industry stakeholders' views on the economic effect and potential of expanding air cargo operations in Puerto Rico. GAO analyzed DOT and European air cargo data for flights between the U.S. and the selected regions for 2016 through 2018 (the latest available data). GAO also interviewed officials from DOT, and stakeholders from Puerto Rico and the air-cargo industry, selected based on prior GAO work and stakeholder mission. For more information, contact Heather Krause at (202) 512-2834 or krauseh@gao.gov.
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  • Recycling: Building on Existing Federal Efforts Could Help Address Cross-Cutting Challenges
    In U.S GAO News
    Based on GAO analysis of stakeholder views, five cross-cutting challenges affect the U.S. recycling system: (1) contamination of recyclables; (2) low collection of recyclables; (3) limited market demand for recyclables; (4) low profitability for operating recycling programs; and (5) limited information to support decision-making about recycling. For example, the Environmental Protection Agency's (EPA) most recent data show that less than a quarter of the waste generated in the United States is collected for recycling (69 million of 292 million tons) and is potentially available, along with new materials, to make new products (see fig.). Estimated Generation and Disposition of Waste in the United States, as of 2018 EPA, the Departments of Commerce (Commerce) and Energy, and the Federal Trade Commission have taken actions that advance recycling, such as collecting data and awarding grants for research on recycling technologies. However, EPA has not conducted studies or developed recommendations for administrative or legislative action on the effect of existing public policies on recycling, as the Resource Conservation and Recovery Act (RCRA) requires. Conducting these studies would provide Congress with information to better evaluate the effect of different policies on U.S. recycling efforts. In addition, Commerce is not fully meeting its RCRA requirement to stimulate the development of markets for recycled materials because it has not taken actions to stimulate domestic markets, as GAO recommended in 2006. Commerce officials stated that their work to stimulate international markets fulfills Commerce's obligations under RCRA. Congress may need to act to clarify Commerce's responsibilities under RCRA or assign responsibility for stimulating domestic markets to another agency. By taking action, Congress can ensure a federal response to the reduction in international demand for U.S. recyclables. EPA has taken several actions to plan and coordinate national efforts to advance recycling, such as releasing a draft national recycling strategy in October 2020. However, EPA has not incorporated some desirable characteristics for effective national strategies, identified in prior GAO work. By better incorporating such characteristics as it finalizes and implements its draft strategy, EPA will have greater assurance of the strategy's usefulness in making resource and policy decisions and will better ensure accountability for its implementation. In 1976, Congress sought to reduce solid waste and encourage recycling as part of RCRA, which gave primary responsibility for recycling to states and municipalities but requires EPA and Commerce to take specific actions. The United States generated almost 1,800 pounds of waste per capita in 2018. Recycling rates for common recyclables, such as paper, plastics, glass, and some metals, remain low. Furthermore, recent international import restrictions have reduced demand for U.S. exports of recyclables. GAO was asked to review federal efforts that advance recycling in the United States. This report examines (1) cross-cutting challenges affecting recycling in the United States, (2) actions that selected federal agencies have taken that advance recycling, and (3) actions EPA has taken to plan and coordinate national efforts to advance recycling. GAO reviewed laws and agency documents; and interviewed federal officials and nonfederal stakeholders, such as states, municipalities, and industry representatives, selected for their expertise and efforts to advance recycling. GAO is making one matter for congressional consideration to clarify a RCRA requirement for Commerce or to assign responsibility for stimulating domestic markets to another agency; and three recommendations to EPA, including that it take actions to fulfill certain RCRA requirements. EPA concurred with GAO's recommendations. For more information, contact J. Alfredo Gómez at (202) 512-3841 or gomezj@gao.gov.
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  • Child Welfare and Aging Programs: HHS Could Enhance Support for Grandparents and Other Relative Caregivers
    In U.S GAO News
    In 2018, an estimated 2.7 million children lived with kin caregivers— grandparents, other relatives, or close family friends—because their parents were unable to care for them. Most of these children were cared for outside the foster care system, which can affect the types of services and supports available. While children did not live with parents for a variety of reasons, parental substance abuse and incarceration were often cited in data and in interviews with program officials. Most Children Living with Kin Are Not in Foster Care, 2018 Challenges faced by kin caregivers include having limited financial resources and needing legal assistance, particularly when caring for children outside foster care, according to survey data and studies GAO reviewed. This is, in part, because licensed foster parents generally receive foster care maintenance payments and other services. Officials in selected communities said they have addressed some challenges by, for example, providing temporary payments or legal representation to eligible kin caregivers. However, officials also said that program eligibility criteria or insufficient funds can limit availability or result in waiting lists. The Department of Health and Human Services (HHS) provides technical assistance and other support to help states use federal programs and initiatives established to serve kin caregivers. HHS officials said that these programs are optional, so they mainly provide assistance in response to states' requests. However, this approach has not led to widespread use. For example, 23 states used the option under the National Family Caregiver Support Program to serve older relative caregivers with 1 percent or more of their fiscal year 2016 funds (spent through 2018). State officials said they would like more guides or tools for using these programs. By not proactively sharing information and best practices, HHS may be missing opportunities to help states better support kin caregivers. Grandparents and other kin often step in to provide stability and security when parents cannot care for their children. Taking on this responsibility can lead to significant hardships, especially for older caregivers. GAO was asked to study the challenges faced by grandparents and other older kin when becoming primary caregivers. This report examines (1) what is known about the numbers of grandparents and other kin serving as primary caregivers for children, and the reasons for that care; (2) challenges kin caregivers face and how officials report addressing them in selected communities; and (3) the extent to which HHS has supported states' efforts to use relevant federal programs and initiatives. GAO analyzed U.S. Census Bureau survey and HHS administrative data; reviewed relevant literature, federal laws, regulations, guidance, and other documents; and interviewed officials from HHS, national organizations, and in four states (Mississippi, New Mexico, New York, and Ohio) and communities, selected for their relatively large numbers of grandparent caregivers and to reflect geographic and demographic diversity. GAO is making two recommendations to HHS on sharing information and best practices with states about federal programs that serve kin caregivers. HHS did not concur, stating that the agency already provides ongoing support. GAO maintains that implementing these recommendations would be helpful. For more information, contact Kathryn A. Larin at (202) 512-7215 or larink@gao.gov.
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  • Crumbling Foundations: Extent of Homes with Defective Concrete Is Not Fully Known and Federal Options to Aid Homeowners Are Limited
    In U.S GAO News
    As of December 2019, at least 1,600 homes in Connecticut had confirmed pyrrhotite but the total number of affected homes is likely higher. According to one estimate, 4,000–6,000 more homes in Connecticut could develop crumbling foundations due to pyrrhotite. Affected homeowners may face total remediation costs of $150,000 or more and drops in property values of 25 percent or more. Connecticut established funding to provide homeowners with up to $175,000 towards the cost of foundation replacement, but affected homeowners are typically responsible for about one-third of total repair costs (which can include costs for replacing driveways and porches damaged during foundation replacement). Current funding is expected to assist 1,034 homeowners. Pyrrhotite Damage to a Basement and a Home Being Repaired Due to Pyrrhotite Damage GAO found that highly affected towns lost more than $1.6 million in tax revenue in 2018 due to lost assessment value of the houses affected by pyrrhotite, but town officials told us the losses have not yet significantly affected their budgets. However, officials were concerned that pyrrhotite could have long-term effects on their towns if the number of affected homes increased or homes were not remediated. GAO also found that homes located in highly affected towns and built when pyrrhotite-containing concrete was used sold for significantly less, on average, than similar homes in less-affected towns. Stakeholders told GAO that defaults and foreclosures related to pyrrhotite have been limited to date. Some federal funds have already been used for pyrrhotite testing and GAO identified eight additional federal programs that could be used to help mitigate financial impacts on homeowners. However, most of these programs have eligibility or funding restrictions that limit their potential for this purpose. Stakeholders with whom GAO spoke suggested other federal responses—in particular, declaring pyrrhotite damage a major disaster or establishing a federally backed insurance product. However, the Federal Emergency Management Agency determined that pyrrhotite damage did not qualify as a natural catastrophe, and a federally backed insurance program may not be feasible since it would serve a small population with high expected costs. Certain homes built in northeastern Connecticut and central Massachusetts between 1983 and 2015 have concrete foundations containing the mineral pyrrhotite. Pyrrhotite expands when it is exposed to water and oxygen and, over time, concrete foundations containing pyrrhotite may crack and crumble. The Explanatory Statement accompanying the Consolidated Appropriations Act, 2019 included a provision for GAO to study the financial impact of pyrrhotite. This report describes (1) what is known about the number of homes affected by pyrrhotite in the region; (2) the financial impact of pyrrhotite on homeowners; (3) the financial effects on towns, local housing markets, and the federal government; and (4) federal options to mitigate pyrrhotite's financial impact on affected homeowners. GAO analyzed data from state, local, and private entities about the extent of pyrrhotite in foundations and associated costs, and federal actions taken in response to pyrrhotite. GAO also interviewed federal, state, and local officials; homeowners; and other stakeholders such as banks and real estate agents. For more information, contact John Pendleton at (202) 512-8678 or pendletonj@gao.gov.
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  • Puerto Rico Electricity: FEMA and HUD Have Not Approved Long-Term Projects and Need to Implement Recommendations to Address Uncertainties and Enhance Resilience
    In U.S GAO News
    As of October 2020, 3 years since the hurricanes destroyed much of Puerto Rico's electricity grid, neither the Federal Emergency Management Agency (FEMA) nor the Department of Housing and Urban Development (HUD) had approved long-term grid recovery projects in Puerto Rico. In 2019, GAO made four recommendations to FEMA and HUD to address identified challenges in rebuilding the electricity grid in Puerto Rico. As of October 2020, FEMA had fully implemented one recommendation and partially implemented two others, while HUD had not implemented its recommendation. Specifically, FEMA established an interagency agreement with the Department of Energy (DOE) to clarify how the agencies would consult on recovery efforts. FEMA had taken actions to partially implement recommendations on improving coordination among federal and local agencies and providing information on industry standards. However, further steps are needed, including finalizing guidance on FEMA's process for approving funding for projects. Regarding HUD, it has not addressed GAO's recommendation to establish time frames and requirements for available funding. Damaged Power Lines in Puerto Rico in November 2017 after Hurricane Maria Until HUD and FEMA implement GAO's recommendations, uncertainty will linger about how and when federal funding for long-term grid recovery will proceed. In particular, it is uncertain how available funding sources will support measures to enhance grid resilience to hurricanes, such as smart grid technology. FEMA officials told GAO that additional funding sources could be used for resilience measures but that this would not be determined until specific projects are submitted to FEMA for approval. Moreover, although FEMA finalized a $10 billion cost estimate for grid repairs in September 2020, several steps remain before FEMA approves funding for projects—a process officials said they were drafting. HUD funding could supplement FEMA funding but, as discussed above, HUD has yet to establish conditions for using these funds and has not established time frames and a plan for issuing this information. According to HUD officials, they plan to publish requirements in the first quarter of fiscal year 2021, but this depends on other factors, such as input from other federal agencies. Further delays in publishing the conditions could contribute to delays in Puerto Rico's ability to initiate grid recovery projects. In 2017, Hurricanes Irma and Maria damaged Puerto Rico's electricity grid, causing the longest blackout in U.S. history. It took roughly 11 months after the hurricanes for power to be restored to all of the customers with structures deemed safe for power restoration. Since electricity service has been restored, local entities have undertaken the longer-term task of more fully repairing and rebuilding the grid. GAO reported in 2019 on challenges hindering progress in rebuilding the grid and recommended that FEMA and HUD take actions to address these challenges. This report examines the status of efforts to support long-term grid recovery in Puerto Rico, including actions taken by FEMA and HUD to implement GAO's 2019 recommendations. For this report, GAO assessed agency actions; reviewed relevant reports, regulations, policies, and documents; and interviewed federal and local officials. GAO previously made three recommendations to FEMA and one to HUD to provide needed information and improve coordination to support grid recovery. Both agencies disagreed with GAO's characterization of their progress made addressing these prior recommendations. GAO continues to believe additional actions are needed to fully implement these recommendations. For more information, contact Frank Rusco at (202) 512-3841 or ruscof@gao.gov.
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