Statement of Attorney General Merrick B. Garland on the Verdict in the Chauvin Trial

U.S. Attorney General Merrick B. Garland’s statement following the verdict in the state of Minnesota’s trial of Derek Chauvin:

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  • Priority Open Recommendations: Nuclear Regulatory Commission
    In U.S GAO News
    What GAO Found In April 2020, GAO identified seven priority recommendations for the Nuclear Regulatory Commission (NRC). Since then, NRC implemented one of these recommendations by issuing a risk management strategy that addresses key elements foundational to effectively managing cybersecurity risks. The remaining six priority recommendations involve the following areas: addressing the security of radiological sources. improving the reliability of cost estimates. improving strategic human capital management. NRC's continued attention to these issues could lead to significant improvements in government operations. Why GAO Did This Study Priority open recommendations are the GAO recommendations that warrant priority attention from heads of key departments or agencies because their implementation could save large amounts of money; improve congressional and/or executive branch decision-making on major issues; eliminate mismanagement, fraud, and abuse; or ensure that programs comply with laws and funds are legally spent, among other benefits. Since 2015, GAO has sent letters to selected agencies to highlight the importance of implementing such recommendations. For more information, contact Mark Gaffigan at (202) 512-3841 or gaffiganm@gao.gov.
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  • Defense Transportation: DOD Can Better Leverage Existing Contested Mobility Studies and Improve Training
    In U.S GAO News
    From 2016 through 2019, the Department of Defense (DOD) conducted or sponsored at least 11 classified or sensitive studies on contested mobility— the ability of the U.S. military to transport equipment and personnel in a contested operational environment. The studies resulted in more than 50 recommendations, and DOD officials stated they believed that some of the recommendations had been implemented. However, officials did not know the exact disposition of the recommendations, as they are not actively tracking implementation activities. Further, no single DOD oversight entity evaluated the studies' recommendations and tracked implementation across the department. As a result, DOD may be missing an opportunity to leverage existing knowledge on mobility in contested environments across organizations, and strengthen its mobility efforts for major conflicts as envisioned in the National Defense Strategy. DOD has updated aspects of wargame exercises and mobility training to prepare for a contested environment, but has not updated training for the surge sealift fleet—ships owned by DOD and the Department of Transportation's Maritime Administration (MARAD) and crewed by contracted mariners. These crews are primarily trained and qualified to operate the ship, but receive limited contested mobility training. While DOD has updated air mobility training and other aspects of mobility training, sealift crew training requirements have not been updated by DOD and MARAD to reflect contested environment concerns because DOD has not conducted an evaluation of such training. Since sealift is the means by which the majority of military equipment would be transported during a major conflict, it is important that crews be trained appropriately for contested mobility to help ensure that ships safely reach their destinations and complete their missions. C-17 Performing Defense Maneuvers DOD has begun to mitigate contested environment challenges through improved technology and related initiatives. The Navy is acquiring improved technologies to deploy on surge sealift ships and replacement ships. The Air Force is equipping current mobility aircraft (see photo above) with additional defensive technologies and planning for the development of future replacement aircraft. According to U.S. Transportation Command, the command is revising its contracts with commercial partners to address cyber threats, and funding research and development projects that address contested mobility concerns. Many of these efforts are nascent and will take years to be put in place. China and Russia are strengthening their militaries to neutralize U.S. strengths, including mobility—the ability of U.S. military airlift and air refueling aircraft and sealift ships to rapidly move equipment and personnel from the United States to locations abroad to support DOD missions. Senate Report 116-48 included a provision for GAO to review DOD's ability to operate in a contested mobility environment. This report assesses the extent to which DOD has studied contested mobility and tracked the implementation of study recommendations, assesses the extent to which DOD has revised its training to incorporate contested mobility challenges, and describes the technologies that DOD uses to mitigate contested mobility challenges. GAO identified contested mobility studies conducted or sponsored by DOD; evaluated DOD's processes for monitoring implementation of study recommendations; analyzed training and exercise documents from DOD combatant commands, the Air Force, and the Navy; and reviewed DOD plans for technological improvements to its mobility forces. GAO recommends that DOD designate an oversight entity to track the implementation of study recommendations, and that DOD and MARAD evaluate and update sealift training. DOD and the Department of Transportation concurred or partially concurred with each recommendation. GAO believes each recommendation should be fully implemented, as discussed in the report. For more information, contact Cary Russell at (202) 512-5431 or RussellC@gao.gov.
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    Pilgrim’s Pride Corporation (Pilgrim’s), a major broiler chicken producer based in Greeley, Colorado, has pleaded guilty and has been sentenced to pay approximately $107 million in criminal fines for its participation in a conspiracy to fix prices and rig bids for broiler chicken products, the Department of Justice announced today.
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  • Evidence-Based Policymaking: Survey Data Identify Opportunities to Strengthen Capacity across Federal Agencies
    In U.S GAO News
    What GAO Found The Foundations for Evidence-Based Policymaking Act of 2018 (Evidence Act) recognizes that federal decision makers need evidence about whether federal programs achieve intended results. According to the Office of Management and Budget (OMB), evidence can include performance information, program evaluations, and other types of data, research, and analysis. Results from GAO's 2020 survey of federal managers showed that nearly all managers (an estimated 95 percent) reported having at least one type of evidence for their programs. When they had evidence, generally about half to two-thirds reported using it in different decision-making activities, such as when allocating resources. However, on most questions related to evidence-building capacity, only about one-third to half of managers across the federal government reported that different aspects of capacity (e.g., having staff with relevant skills) were present to a “great” or “very great” extent. Further, when GAO disaggregated these results, it found that reported aspects of capacity varied widely across federal agencies and types of evidence, as illustrated below. Federal Managers Reporting Presence of Selected Aspects of Evidence-Building Capacity, with the Range of Agencies' Responses Estimated Percentages Reporting to a “Great” or “Very Great” Extent OMB, the Office of Personnel Management (OPM), and various interagency councils, such as the Chief Data Officers Council, have taken some actions intended to strengthen federal evidence-building capacity. These include collecting and assessing information from various sources to identify (1) issues to address, and (2) best practices for enhancing capacity to share across agencies. GAO's survey results could help inform these efforts. For example, survey results could reinforce existing knowledge, or provide new insights, on cross-cutting and agency-specific capacity issues to address. Results could also inform efforts to identify and share promising practices. Why GAO Did This Study The Evidence Act created a framework for enhancing the federal government's capacity to build and use evidence in decision-making. The Evidence Act includes provisions for GAO to review its implementation. This report (1) describes federal managers' reported availability and use of evidence in decision-making activities, and (2) assesses federal managers' reported views on their agencies' capacity for evidence-building activities. To conduct its work, GAO analyzed results from a survey it administered from July to December 2020 to a stratified random sample of about 4,000 managers at 24 major federal agencies. The survey had a 56 percent response rate. Results can be generalized to the population of managers government-wide and at each agency. GAO also reviewed documents from OMB, OPM, and relevant interagency councils, and interviewed federal officials.
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  • Nuclear Weapons: NNSA Plans to Modernize Critical Depleted Uranium Capabilities and Improve Program Management
    In U.S GAO News
    The Department of Energy's (DOE) National Nuclear Security Administration (NNSA) is taking steps to establish a new supply of high-purity depleted uranium (DU) to modernize the nuclear weapons stockpile. DU for fabrication of weapons components must be in high-purity metal form. Producing DU metal generally involves first converting a byproduct of uranium enrichment, known as “tails,” into a salt “feedstock,” which is then converted into metal. (See figure.) To reestablish a supply of feedstock, NNSA plans to install conversion equipment in an existing facility at DOE's Portsmouth site in Ohio. DOE initially estimated costs of $12 million to $18 million to design and install the equipment, with operations beginning in fiscal year 2022. However, in March 2020, NNSA requested an increase in conversion capacity, and an updated proposal in July 2020 estimated costs of $38 million to $48 million and a slight delay to the start of operations. NNSA plans to convert the feedstock into DU metal using a commercial vendor at a cost of about $27 million annually. Conversion of a Byproduct of Uranium Enrichment into Metal NNSA is also taking steps to reestablish and modernize DU component manufacturing capabilities, but it risks delays that could affect the timelines of nuclear stockpile modernization programs, according to officials. NNSA has reestablished processes for manufacturing some DU components but not for components made with a DU-niobium alloy, a material for which NNSA has no alternative. Thus, restarting the alloying process—a complicated, resource-intensive process that has not been done in over a decade—is NNSA's top priority for DU and presents a very high risk to timely supply of components for certain nuclear stockpile modernization programs, according to NNSA documents and officials. NNSA is also developing more efficient manufacturing technologies, in part because the current alloyed component process wastes a very high percentage of the materials and NNSA cannot recycle the waste. For its DU activities, NNSA has requested an increase in funding from about $61 million in fiscal year 2020 to about $131 million in fiscal year 2021. Until recently, NNSA had not managed DU activities as a coherent program in a manner fully consistent with NNSA program management policies. Since October 2019, however, NNSA has taken actions to improve program management. For example, NNSA has consolidated management and funding sources for DU activities under a new office and DU Modernization program with the goal of better coordinating across the nuclear security enterprise. Further, NNSA appointed two dedicated Federal Program Managers to gather and organize information for required program management and planning documents. High-purity DU is an important strategic material for ongoing and planned modernizations of the nation's nuclear weapons stockpile. However, according to NNSA estimates, NNSA has a very limited supply of DU feedstock, and its current supply of DU metal will be exhausted in the late 2020s. NNSA also does not have the full range of capabilities needed to manufacture DU into weapon components needed for modernizing the stockpile. GAO has previously reported that NNSA has experienced challenges in restarting some technical manufacturing processes. A Senate committee report accompanying a bill for the National Defense Authorization Act for Fiscal Year 2017 included a provision for GAO to examine NNSA's management of DU for nuclear stockpile modernization. GAO's report examines (1) the status of NNSA's efforts to obtain the necessary quantities of DU to meet stockpile modernization requirements; (2) the status of NNSA efforts to develop DU component manufacturing capabilities to meet stockpile modernization requirements; and (3) the extent to which NNSA is managing DU activities as a program, consistent with agency policy. GAO reviewed relevant agency documents; interviewed NNSA officials and contractor representatives; and conducted site visits at headquarters and at research, development, and production locations. For more information, contact Allison Bawden at (202) 512-3841 or bawdena@gao.gov.
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  • Southwest Border: Schedule Considerations Drove Army Corps of Engineers’ Approaches to Awarding Construction Contracts through 2020
    In U.S GAO News
    Why This Matters Following a 2019 Presidential Declaration of National Emergency, billions of dollars were made available for the U.S. Army Corps of Engineers' use on border barrier construction. This report provides information on the Corps' contracting for border barriers during fiscal years 2018–2020. Key Takeaways Some Department of Defense funding was only available for a short time before expiring, giving the Corps a tight schedule for awarding contracts. This—and the emergency declaration—led the Corps to depart from its planned acquisition approach. The Corps focused on starting construction quickly and maximizing the miles of border barrier panels it could build. To do so, it: Awarded $4.3 billion in noncompetitive contracts. Competition helps ensure the government gets a good price. Started work before agreeing to terms. The Corps awarded several contracts before terms, such as barrier specifications and cost, were finalized. By focusing on expediency in contracting, the government risks paying higher costs. Contractors completed most DOD-funded border barrier panels by the end of December 2020 as scheduled. A January 2021 Presidential Proclamation paused border barrier construction to the extent permitted by law, and called for a review. In March 2021, DOD officials said they gave input to the Office of Management and Budget, and OMB will present a plan to the President. The Corps has not developed plans to examine its overall acquisition approach and identify lessons learned. Without doing so, the Corps could miss opportunities to strengthen its contracting strategies in future border support efforts. Border Barrier Obligations, Fiscal Years 2018–2020 How GAO Did This Study We reviewed all of the border barrier construction contracts the Corps awarded for projects from fiscal years 2018 through 2020. We also reviewed relevant federal procurement data and interviewed Corps and Department of Homeland Security officials.
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  • Grants Management: Agencies Provided Many Types of Technical Assistance and Applied Recipients’ Feedback
    In U.S GAO News
    Technical assistance refers to programs, activities, and services provided by federal agencies to strengthen the capacity of grant recipients and to improve their performance of grant functions. Technical assistance can improve the performance or management of grant program recipients. Technical assistance includes the improvement of grant outcomes, grant management, grantee compliance, project monitoring and evaluation, and interactions with stakeholders. The technical assistance provided by the selected agencies—the Department of Education (Education), the Department of Health and Human Services' Administration for Children and Families (ACF), and the Department of Labor's Employment and Training Administration (ETA)—is designed to align with the requirements of each agency's grant programs and the individual grantee's needs. The types of technical assistance provided by agencies varied and included a range of delivery methods shown below. Types of Technical Assistance Provided by Selected Agencies Education tailors its approach to provide technical assistance to grantees based on recipients' needs and their efforts to obtain technical assistance. According to ACF, some grant programs have extensive, dedicated technical assistance that is grant specific, while other grant programs share technical assistance resources provided by multiple technical assistance centers. ACF's technical assistance can be based on program office oversight of the grantees that includes financial and internal control reviews and site visits. For ETA, state and local grantees administer ETA-funded programs throughout the country and technical assistance plays a role in ensuring these programs' successful implementation. According to ETA officials, technical assistance activities are based on grant program objectives. The 10 grant programs GAO reviewed evaluated technical assistance, collected feedback from recipients of the technical assistance, and incorporated feedback into technical assistance. For example, a School Safety National Activities evaluation of one of its national centers included targets for multiple performance measures and the actual performance for each measure. These measures included the percentage of milestones achieved and the percentage of technical assistance and dissemination products and services deemed to be high quality by an independent review panel. The overall goal of technical assistance is to enhance the delivery of agency programs and help ensure grantee compliance. GAO was asked to review issues related to technical assistance for grants at Education, ACF, and ETA. This report (1) describes how Education, ACF, and ETA provide technical assistance to grantees; and (2) examines to what extent these agencies evaluate the technical assistance. For this review, GAO selected 10 grant programs from the three agencies based on fiscal year 2018 funding information and the purpose of the grant. GAO reviewed documents and interviewed agency officials about the technical assistance provided, the provider and recipient of technical assistance, and the amount obligated in fiscal year 2018 for the 10 grant programs reviewed. GAO also reviewed documents and interviewed agencies about the extent to which they evaluated technical assistance, whether they gathered feedback from the recipients of technical assistance, and whether feedback was included in the evaluations for the 10 grant programs reviewed. For more information, contact Michelle Sager at (202) 512-6806 or SagerM@gao.gov.
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    GAO's analysis of federal data found that about 1 percent of companies with Department of Defense (DOD) contracts were cited for willful or repeated safety, health, or fair labor violations in fiscal years 2015 through 2019. However, these data do not indicate whether the violations occurred while performing work related to a defense contract. Companies with DOD Contracts Cited for Willful or Repeated Violations under the Fair Labor Standards Act of 1938 or the Occupational Safety and Health Act of 1970, Fiscal Years 2015 through 2019 Because of limitations in available data, GAO could not determine the total incidence of willful or repeated violations of safety, health, or fair labor standards among all companies with a defense contract in this 5-year time frame. Specifically, about 43 percent of the Department of Labor's (Labor) safety and health violation data did not include key company identification numbers. These numbers are necessary to match federal contracting data to violation data. GAO recommended in February 2019 that Labor explore ways to address this issue. While Labor neither agreed nor disagreed with the recommendation, it issued a memorandum in May 2019 directing its Occupational Safety and Health Administration staff to make every reasonable effort to collect this information during inspections and enter it into its database. About 1 percent of Labor's data on fair labor violations were missing these key company identification numbers. The nature of the willful or repeated violations for companies with DOD contracts during fiscal years 2015 through 2019 varied. According to GAO's analysis of Labor data, the most frequently found willful or repeated safety and health violations related to toxic substances and machinery. For that same time frame, the most frequently found willful or repeated fair labor violations related to failure to pay overtime. The National Defense Authorization Act for Fiscal Year 2020 included a provision for GAO to report on the number of DOD contractors that Labor found to have committed willful or repeated violations under the Occupational Safety and Health Act of 1970 (OSH Act) or the Fair Labor Standards Act of 1938 (FLSA) for fiscal years 2015 through 2019. This report examines the number of DOD contractors that were cited for willful or repeated safety, health, or fair labor standards violations under the OSH Act or FLSA, and the nature of those violations for fiscal years 2015 through 2019. GAO analyzed federal contracting data to identify companies that had defense contracts in fiscal years 2015 through 2019, and matched them to Labor data on companies cited for willful or repeated safety, health, or fair labor standards violations. In addition, GAO used the Labor data to identify information on the nature of the violations. GAO also reviewed relevant federal laws and regulations, and agency documents. For more information, contact William T. Woods at (202) 512-4841 or woodsw@gao.gov, or Thomas Costa at (202) 512-7215 or costat@gao.gov.
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    In U.S GAO News
    GAO identified advantages of, challenges related to, and options for improving the Internal Revenue Service's (IRS) current organizational structure, based on GAO's review of prior work and interviews with IRS officials and stakeholders. For example, one advantage of the current structure, according to several interviewees, is that IRS's divisions have developed specialized expertise on different types of taxpayers with similar needs, such as small businesses. Several interviewees also believed that addressing some of IRS's challenges may not require significant changes to IRS's organizational structure. GAO and others have identified challenges and options to improve IRS's structure, processes, and operations in the following areas: (1) customer service; (2) communication and coordination within IRS; (3) technology; and (4) strategic human capital management and training. While developing its reorganization plan required by the Taxpayer First Act, IRS addressed or partially addressed all six of the key practices for agency reforms that GAO reviewed (see table below). GAO Assessment of IRS's Reorganization Planning Process against Key Reform Practices Key reform practice Extent addressed Establishing goals and outcomes ◑ Involving employees and key stakeholders ● Using data and evidence ● Addressing fragmentation, overlap, and duplication ◑ Addressing high-risk areas and long-standing management challenges ◑ Leadership focus and attention ● Legend: ● Generally addressed ◑ Partially addressed ○ Not addressed Source: GAO analysis of Internal Revenue Service (IRS) information. | GAO-21-18 IRS established a senior-level team—the Taxpayer First Act Office—to lead the reorganization planning, involved employees and key stakeholders, and used multiple sources of data and evidence to inform its planning. Although IRS has developed preliminary goals for the plan, it has not yet finalized and communicated the goals and performance measures for the plan. IRS has also researched potential actions it could take to address long-standing management challenges at IRS, such as those related to areas of fragmentation, overlap, duplication, and high risk that GAO has identified. However, IRS has not yet decided on specific actions to address those areas in its plan. IRS officials told us that they intend to take these additional steps, but COVID-19 delayed the completion of their reorganization plan to December 2020. As a result, it is still unclear whether the reorganization plan will have outcome-oriented goals and performance measures or whether it will identify specific actions to address long-standing management challenges. Taking these steps could help IRS identify and achieve the intended outcomes of the reorganization plan, and identify reforms that can create long-term gains in efficiency and effectiveness. The Taxpayer First Act required that a comprehensive written plan to redesign IRS be submitted to Congress by September 30, 2020. Reforming and reorganizing a federal agency as large and complex as IRS is not an easy task. However, a potential reorganization could provide IRS with an opportunity to address emerging and long-standing challenges. GAO was asked to review IRS's organizational structure and IRS's plans to reform it. This report examines (1) reported advantages of, challenges related to, and options for potentially improving IRS's organizational structure; and (2) the extent to which IRS's reorganization planning process is consistent with selected leading practices. GAO reviewed documents from IRS and other sources; interviewed IRS officials and stakeholders, including three former IRS commissioners; and assessed IRS's reorganization planning process against selected key practices for agency reform efforts developed by GAO. GAO is making three recommendations to IRS as it finalizes its reorganization plan, including that IRS should finalize goals and performance measures, and identify specific actions to address long-standing management challenges. IRS responded that it plans to implement GAO's recommendations when it submits its final reorganization plan to Congress in December 2020. For more information, contact James R. McTigue, Jr. at (202) 512-9110 or mctiguej@gao.gov.
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    In U.S GAO News
    What GAO Found In April 2020, GAO identified 20 priority recommendations for the Department of Energy (DOE). Since then, DOE and the National Nuclear Security Administration (NNSA) have implemented four of those recommendations by, among other things, taking actions to better ensure subcontract audits are conducted so that DOE may be able to recover unallowable costs within the Contract Disputes Act 6-year limitation period. In June 2021, GAO identified nine additional priority recommendations for DOE, bringing the total number to 25. These recommendations address the following areas: project and program management. contract management. financial and cost information. planning for the future of the Strategic Petroleum Reserve. nuclear modernization challenges. DOE's environmental liability. cybersecurity. worker protections. electricity grid resilience. DOE's continued attention to these issues could lead to significant improvements in government operations. Why GAO Did This Study Priority open recommendations are the GAO recommendations that warrant priority attention from heads of key departments or agencies because their implementation could save large amounts of money; improve congressional and/or executive branch decision-making on major issues; eliminate mismanagement, fraud, and abuse; or ensure that programs comply with laws and funds are legally spent, among other benefits. Since 2015, GAO has sent letters to selected agencies to highlight the importance of implementing such recommendations. For more information, contact Mark Gaffigan at (202) 512-3841 or gaffiganm@gao.gov.
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