Statement by Pamela Karlan, Principal Deputy Assistant Attorney General of the Civil Rights Division

“The United States is currently facing unprecedented challenges, some of which are fueling increased bigotry and hatred. Hate crimes cannot be tolerated in our country, and the Department of Justice will continue to put all necessary resources toward protecting our neighbors and our communities from these heinous acts.

More from: February 26, 2021

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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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  • Sam NewsCyber Diplomacy: State Has Not Involved Relevant Federal Agencies in the Development of Its Plan to Establish the Cyberspace Security and Emerging Technologies Bureau
    In U.S GAO News
    The Department of State (State) coordinates with other federal agencies to advance U.S. interests in cyberspace, but it has not involved these agencies in the development of its plan to establish a new cyber diplomacy bureau. In 2019, State informed Congress of its plan to establish a new Bureau of Cyberspace Security and Emerging Technologies (CSET) to align cyberspace policy resources with an international security focus and improve coordination with other agencies working on these issues. However, officials from six agencies that work with State on cyber diplomacy efforts told GAO that State did not inform or involve them in the development of its plan to establish CSET. GAO's prior work on government reorganization has shown that it is important for agencies to involve other agency stakeholders in developing proposed reforms to obtain their views. Without involving and communicating with agency partners on its reorganization plan, State lacks assurance that it will effectively achieve its goals for establishing CSET, and it increases the risk of negative effects from unnecessary fragmentation, overlap, and duplication of cyber diplomacy efforts. The United States and its allies are facing expanding foreign cyber threats as international trade, communication, and critical infrastructure become increasingly dependent on cyberspace. State leads U.S. cyber diplomacy efforts and coordinates with other agencies to improve the cybersecurity of the nation. Members of Congress have proposed, through the Cyber Diplomacy Act of 2019 (H.R. 739), to establish a new office within State that would consolidate responsibility for digital economy and internet freedom issues, together with international cybersecurity issues. State subsequently notified Congress of its plan to establish CSET, with a narrower focus on cyberspace security and emerging technologies. The United States and its allies are facing expanding foreign cyber threats as international trade, communication, and critical infrastructure become increasingly dependent on cyberspace. State leads U.S. cyber diplomacy efforts and coordinates with other agencies to improve the cybersecurity of the nation. Members of Congress have proposed, through the Cyber Diplomacy Act of 2019 (H.R. 739), to establish a new office within State that would consolidate responsibility for digital economy and internet freedom issues, together with international cybersecurity issues. State subsequently notified Congress of its plan to establish CSET, with a narrower focus on cyberspace security and emerging technologies. GAO was asked to review elements of State's planning process for establishing a new cyber diplomacy bureau. This report examines the extent to which State involved the Departments of Commerce, Defense, Energy, Homeland Security, Justice, and the Treasury in the development of its plan for establishing CSET. GAO reviewed available documentation from State on its planning process for establishing the new bureau and interviewed officials from State and six other agencies. To determine the extent to which State involved other agencies in its planning effort, GAO assessed State's efforts against relevant key practices for agency reforms compiled in GAO's June 2018 report on government reorganization. As part of our ongoing work on this topic, we are also continuing to monitor and review State's overall planning process for establishing this new bureau. GAO recommends that State involve federal agencies that contribute to cyber diplomacy to obtain their views and identify any risks, such as unnecessary fragmentation, overlap, and duplication of these efforts, as it implements its plan to establish CSET. State did not concur, citing that other agencies are not stakeholders in an internal State reform, and that it was unware that these agencies had consulted with State before reorganizing their own cyberspace security organizations. GAO stands by the recommendation and maintains that State's agency partners are key stakeholders, as they work closely with State on a range of cyber diplomacy efforts. Further, as the leader of U.S. government international efforts to advance U.S. interests in cyberspace, it is important for State to incorporate leading practices to ensure the successful implementation of its reorganization effort. For more information, contact Brian M. Mazanec at 202-512-5130 or MazanecB@gao.gov, or Nick Marinos at 202-512-9342 or MarinosN@gao.gov.
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  • Artificial Intelligence: An Accountability Framework for Federal Agencies and Other Entities
    In U.S GAO News
    What GAO Found To help managers ensure accountability and responsible use of artificial intelligence (AI) in government programs and processes, GAO developed an AI accountability framework. This framework is organized around four complementary principles, which address governance, data, performance, and monitoring. For each principle, the framework describes key practices for federal agencies and other entities that are considering, selecting, and implementing AI systems. Each practice includes a set of questions for entities, auditors, and third-party assessors to consider, as well as procedures for auditors and third- party assessors. Why GAO Developed This Framework AI is a transformative technology with applications in medicine, agriculture, manufacturing, transportation, defense, and many other areas. It also holds substantial promise for improving government operations. Federal guidance has focused on ensuring AI is responsible, equitable, traceable, reliable, and governable. Third-party assessments and audits are important to achieving these goals. However, AI systems pose unique challenges to such oversight because their inputs and operations are not always visible. GAO's objective was to identify key practices to help ensure accountability and responsible AI use by federal agencies and other entities involved in the design, development, deployment, and continuous monitoring of AI systems. To develop this framework, GAO convened a Comptroller General Forum with AI experts from across the federal government, industry, and nonprofit sectors. It also conducted an extensive literature review and obtained independent validation of key practices from program officials and subject matter experts. In addition, GAO interviewed AI subject matter experts representing industry, state audit associations, nonprofit entities, and other organizations, as well as officials from federal agencies and Offices of Inspector General. Artificial Intelligence (AI) Accountability Framework For more information, contact Taka Ariga at (202) 512-6888 or ArigaT@gao.gov.
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  • Fannie Mae and Freddie Mac: Efforts to Promote Diversity and Inclusion
    In U.S GAO News
    In 2019, the number of women on the boards of directors at Fannie Mae and Freddie Mac—two government-sponsored enterprises (enterprises)—were five and three, respectively, slightly higher than in 2011. Female directors held leadership positions on the enterprises' boards for the first time in 2019, serving as vice chair at Fannie Mae and chair at Freddie Mac. The percentage of women in senior management positions remained relatively consistent for 2011 and 2018, while minority representation was higher in 2018 than in 2011 (see figure). The enterprises have implemented leading practices to support workforce diversity, such as career and networking events to recruit diverse populations and employee mentorship programs. Share of Women and Minorities in Senior Management at Fannie Mae and Freddie Mac, 2011 and 2018 Note: Percentages may not add to 100 due to rounding. Fannie Mae and Freddie Mac used diverse broker-dealers (such as minority- and women-owned) for financial transactions to a limited extent. In 2019, Fannie Mae and Freddie Mac both paid about 6 percent of their financial transaction fees to diverse broker-dealers. The enterprises have taken steps to work with diverse broker-dealers more often, such as by lowering some capital requirements to allow participation by typically smaller, less-capitalized diverse broker-dealers. Broker-dealer representatives GAO interviewed said that enterprises had taken steps to increase their participation. However, some representatives noted that additional performance feedback and data on how they compare to larger firms would help them understand what business areas they could improve to meet standards for handling additional, more complex products. The enterprises said that some of the information on other firms is proprietary. In 2017, the Federal Housing Finance Agency (FHFA) began reviewing the diversity and inclusion efforts of Fannie Mae and Freddie Mac as part of its annual examinations of the enterprises. In 2017, FHFA found the enterprises generally took steps to promote diversity and inclusion but made recommendations to improve both enterprises' programs. In response, the enterprises have directed more attention and resources to diversity efforts. FHFA officials told GAO the agency planned to review the diversity and inclusion of the enterprises' financial transactions in late 2020 and would update its examination manual to include a focus on activities in this area. Fannie Mae and Freddie Mac are government-sponsored enterprises regulated by FHFA that buy and pool mortgages into mortgage-backed securities. The Housing and Economic Recovery Act of 2008 requires the enterprises to promote diversity and inclusion in employment and related activities. GAO was asked to review the enterprises' diversity and inclusion efforts. This report examines, among other things, (1) trends in the diversity of the enterprises' boards and senior management; (2) the extent to which the enterprises used diverse broker-dealers and implemented practices to promote more diversity; and (3) FHFA oversight of the enterprises' diversity and inclusion efforts. To conduct this work, GAO analyzed enterprise and Equal Employment Opportunity Commission data on the enterprises' workforces, boards, and broker-dealers; and reviewed FHFA and enterprise policies and regulations and previous GAO reports on these issues. GAO also interviewed FHFA and enterprise staff and a nongeneralizable sample of external stakeholders knowledgeable about broker-dealer diversity. For more information, contact Michael E. Clements at (202) 512-8678 or ClementsM@gao.gov.
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  • Sexual Harassment: VA Needs to Better Protect Employees
    In U.S GAO News
    According to data from the most recent Merit Systems Protection Board (MSPB) survey in 2016, an estimated 22 percent of Department of Veterans Affairs (VA) employees, and 14 percent of federal employees overall, experienced some form of sexual harassment in the workplace from mid-2014 through mid-2016. VA has policies to prevent and address sexual harassment in the workplace, but some aspects of the policies and of the complaint processes may hinder those efforts. Misalignment of Equal Employment Opportunity (EEO) Director position: VA's EEO Director oversees both the EEO complaint process, which includes addressing sexual harassment complaints, and general personnel functions. According to the Equal Employment Opportunity Commission (EEOC), this dual role does not adhere to one of its key directives and creates a potential conflict of interest when handling EEO issues. Incomplete or outdated policies and information: VA has an overarching policy for its efforts to prevent and address sexual harassment of its employees. However, some additional policies and information documents are not consistent with VA's overarching policy, are outdated, or are missing information. For example, they may not include all options employees have for reporting sexual harassment, which could result in confusion among employees and managers. Delayed finalization of Harassment Prevention Program (HPP): VA has not formally approved the directive or the implementing guidance for its 4-year-old HPP, which seeks to prevent harassment and address it before it becomes unlawful. Lack of formal approval could limit the program's effectiveness. VA uses complaint data to understand the extent of sexual harassment at the agency, but such data are incomplete. For example, VA compiles information on allegations made through the EEO process and HPP, but does not require managers who receive complaints to report them to VA centrally. As a result, VA is not aware of all sexual harassment allegations across the agency. Without these data, VA may miss opportunities to better track prevalence and to improve its efforts to prevent and address sexual harassment. VA provides training for all employees and managers, but the required training does not have in-depth information on identifying and addressing sexual harassment and does not mention HPP. Some facilities within VA's administrations supplement the training, but providing additional information is not mandatory. Requiring additional training on sexual harassment could improve VA employees' knowledge of the agency's policies and help prevent and address sexual harassment. In June 2020, GAO issued a report entitled Sexual Harassment: Inconsistent and Incomplete Policies and Information Hinder VA's Efforts to Protect Employees (GAO-20-387). This testimony summarizes the findings and recommendations from that report, including (1) the extent to which VA has policies to prevent and address sexual harassment of VA employees, (2) how available data inform VA about sexual harassment of its employees, and (3) training VA provides to employees on preventing and addressing sexual harassment. GAO made seven recommendations in its June 2020 report, including that VA ensure its EEO Director position is not responsible for personnel functions; require managers to report all sexual harassment complaints centrally; and require additional employee training. VA concurred with all but the EEO Director position recommendation, which GAO continues to believe is warranted. For more information, contact Cindy S. Brown Barnes at (202) 512-7215 or brownbarnesc@gao.gov.
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  • Facial Recognition Technology: Federal Law Enforcement Agencies Should Better Assess Privacy and Other Risks
    In U.S GAO News
    What GAO Found GAO surveyed 42 federal agencies that employ law enforcement officers about their use of facial recognition technology. Twenty reported owning systems with facial recognition technology or using systems owned by other entities, such as other federal, state, local, and non-government entities (see figure). Ownership and Use of Facial Recognition Technology Reported by Federal Agencies that Employ Law Enforcement Officers Note: For more details, see figure 2 in GAO-21-518. Agencies reported using the technology to support several activities (e.g., criminal investigations) and in response to COVID-19 (e.g., verify an individual's identity remotely). Six agencies reported using the technology on images of the unrest, riots, or protests following the death of George Floyd in May 2020. Three agencies reported using it on images of the events at the U.S. Capitol on January 6, 2021. Agencies said the searches used images of suspected criminal activity. All fourteen agencies that reported using the technology to support criminal investigations also reported using systems owned by non-federal entities. However, only one has awareness of what non-federal systems are used by employees. By having a mechanism to track what non-federal systems are used by employees and assessing related risks (e.g., privacy and accuracy-related risks), agencies can better mitigate risks to themselves and the public. Why GAO Did This Study Federal agencies that employ law enforcement officers can use facial recognition technology to assist criminal investigations, among other activities. For example, the technology can help identify an unknown individual in a photo or video surveillance. GAO was asked to review federal law enforcement use of facial recognition technology. This report examines the 1) ownership and use of facial recognition technology by federal agencies that employ law enforcement officers, 2) types of activities these agencies use the technology to support, and 3) the extent that these agencies track employee use of facial recognition technology owned by non-federal entities. GAO administered a survey questionnaire to 42 federal agencies that employ law enforcement officers regarding their use of the technology. GAO also reviewed documents (e.g., system descriptions) and interviewed officials from selected agencies (e.g., agencies that owned facial recognition technology). This is a public version of a sensitive report that GAO issued in April 2021. Information that agencies deemed sensitive has been omitted.
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    In Crime News
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  • Homelessness: Better HUD Oversight of Data Collection Could Improve Estimates of Homeless Population
    In U.S GAO News
    Data collected through the Point-in-Time (PIT) count—a count of people experiencing homelessness on a single night—have limitations for measuring homelessness. The PIT count is conducted each January by Continuums of Care (CoC)—local homelessness planning bodies that apply for grants from the Department of Housing and Urban Development (HUD) and coordinate homelessness services. The 2019 PIT count estimated that nearly 568,000 people (0.2 percent of the U.S. population) were homeless, a decline from the 2012 count of about 621,500 but a slight increase over the period's low of about 550,000 in 2016. While HUD has taken steps to improve data quality, the data likely underestimate the size of the homeless population because identifying people experiencing homelessness is inherently difficult. Some CoCs' total and unsheltered PIT counts have large year-over-year fluctuations, which raise questions about data accuracy. GAO found that HUD does not closely examine CoCs' methodologies for collecting data to ensure they meet HUD's standards. HUD's instructions to CoCs on probability sampling techniques to estimate homelessness were incomplete. Some CoC representatives also said that the assistance HUD provides on data collection does not always meet their needs. By strengthening its oversight and guidance in these areas, HUD could further improve the quality of homelessness data. To understand factors associated with homelessness in recent years, GAO used PIT count data to conduct an econometric analysis, which found that rental prices were associated with homelessness. To mitigate data limitations, GAO used data from years with improved data quality and took other analytical steps to increase confidence in the results. CoC representatives GAO interviewed also identified rental prices and other factors such as job loss as contributing to homelessness. Estimated Homelessness Rates and Household Median Rent in the 20 Largest Continuums of Care (CoC), 2018 Note: This map shows the 20 largest Point-in-Time counts by CoC in 2018. GAO estimated 2018 homelessness rates because the U.S. Census Bureau data used to calculate these rates were available up to 2018 at the time of analysis. GAO used 2017 median rents (in 2018 dollars) across all unit sizes and types. Policymakers have raised concerns about the extent to which recent increases in homelessness are associated with the availability of affordable housing. Moreover, counting the homeless population is a longstanding challenge. GAO was asked to review the current state of homelessness in the United States. This report examines (1) efforts to measure homelessness and HUD's oversight of these efforts and (2) factors associated with recent changes in homelessness. GAO analyzed three HUD data sources on homelessness and developed an econometric model of the factors influencing changes in homelessness. GAO also conducted structured interviews with 12 researchers and representatives of 21 CoCs and four focus groups with a total of 34 CoC representatives responsible for collecting and maintaining homelessness data. CoCs were selected for interviews and focus groups to achieve diversity in size and geography. GAO also visited three major cities that experienced recent increases in homelessness. GAO recommends that HUD (1) conduct quality checks on CoCs' data-collection methodologies, (2) improve its instructions for using probability sampling techniques to estimate homelessness, and (3) assess and enhance the assistance it provides to CoCs on data collection. HUD concurred with the recommendations. For more information, contact Alicia Puente Cackley at (202) 512-8678 or cackleya@gao.gov.
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  • Justice Department Sues to Shut Down Florida Tax Return Preparers
    In Crime News
    The United States has filed a complaint in the U.S. District Court for the Southern District of Florida seeking to bar three Miami Gardens-area tax return preparers and their businesses and franchises, from owning or operating a tax return preparation business and preparing tax returns for others, the Justice Department announced today. The United States has simultaneously filed a request for a preliminary injunction that would immediately prohibit defendants from further preparing taxes during the pendency of the suit.
    [Read More…]
  • California Nebula Stars in Final Mosaic by NASA’s Spitzer
    In Space
    The image composite is [Read More…]
  • Information Security: IRS Has Improved Controls but Needs to Resolve Weaknesses
    In U.S GAO News
    No summary available.
    [Read More…]
  • Secretary Antony J. Blinken and UK Foreign Secretary Dominic Raab at a Joint Press Availability
    In Crime Control and Security News
    Antony J. Blinken, [Read More…]