October 19, 2021

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United States Announces Settlement of Civil Action Addressing Clean Air Act Violations at New York City Public Schools

11 min read
<div>The United States filed suit today under the Clean Air Act (CAA) against the City of New York and the New York City Department of Education (NYCDOE) and lodged a proposed consent judgment to address the defendants’ longstanding failure to properly monitor and control harmful emissions from NYCDOE oil-fired boilers in New York City public schools. </div>
The United States filed suit today under the Clean Air Act (CAA) against the City of New York and the New York City Department of Education (NYCDOE) and lodged a proposed consent judgment to address the defendants’ longstanding failure to properly monitor and control harmful emissions from NYCDOE oil-fired boilers in New York City public schools. 

More from: September 27, 2021

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  • Justice Department Again to Monitor Compliance with the Federal Voting Rights Laws on Election Day
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    The Justice Department today announced its plans for voting rights monitoring in jurisdictions around the country for the Nov. 3, 2020 general election. The Justice Department historically has monitored in jurisdictions in the field on election day, and is again doing so this year. The department will also take complaints from the public nationwide regarding possible violations of the federal voting rights laws through its call center.  
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  • Defense Management: Opportunities Exist to Improve DOD’s Reform Efforts
    In U.S GAO News
    What GAO Found The Department of Defense (DOD) has long sought to reform its enterprise business operations—such as its processes to manage contracts, finances, and supply chain— but faces challenges in improving department-wide management. DOD has taken some actions to improve its business operations data, but remains limited by the lack of reliable cost data, affecting its ability to monitor and inform its reform efforts. Having reliable data to identify baseline costs of the department's business and management functions and to measure progress has been a key challenge facing DOD, but one the department is trying to address. As GAO reported in November 2020, DOD has made progress in setting baseline costs of certain activities, such as logistics and real estate management. Further, DOD has ongoing efforts to develop baselines for all of the department's enterprise business operations that should enable it to better monitor reform progress. However, DOD needs better data about how it performs its business functions. For example, in September 2018, GAO reported that DOD's efforts to reduce inefficiencies in human resources services were hampered by inconsistent performance data across the six organizations that provide these services. DOD has ongoing efforts to address GAO's recommendations. DOD still needs clear roles, responsibilities, authorities and dedicated resources to support reform. GAO has found that demonstrating sustained leadership commitment—including through ensuring that those responsible for leading change have clearly defined and documented roles, responsibilities, and authorities—is imperative for successful business transformation. GAO has assessed many of DOD's organizational structures over the decades, including the recently eliminated Chief Management Officer (CMO) position. GAO found that, while Congress had given the CMO both significant responsibilities and authorities, DOD had not resolved unanswered questions about how those authorities would be carried out, nor communicated the CMO's roles and responsibilities department-wide. GAO also identified instances where CMO reforms were hampered by a lack of resources. As DOD moves to an organization without the CMO position, which was eliminated in 2021, clarifying the roles and responsibilities of those tasked with managing business reform remains important. DOD could also improve its efforts to reliably demonstrate progress toward meaningful reform. DOD has reported achievements from some of its department-wide efforts, such as its reported $37 billion in savings from fiscal years 2017 to 2021. However, GAO reported in November 2020 that while DOD's reported savings were largely reflected in its budget materials, the underlying analyses were not always well documented and the savings were not always consistent with the department's definitions of reform. For example, one reform initiative was based on delaying military construction projects that, according to DOD officials, allowed DOD to fund higher priorities. If a delayed project is still planned, however, the costs will likely be realized in a future year and are not a reflection of business process reform. DOD concurred with GAO's recommendations to establish a process to standardize development and documentation of such cost savings, and ensure that reported savings are consistent with the department's definitions of reform. Why GAO Did This Study DOD spends billions of dollars each year to maintain key business operations and defense-wide agencies and programs intended to support the warfighter, including systems and processes related to the management of contracts, finances, the supply chain, support infrastructure, and weapon systems acquisition. The department's approach to transforming these business operations is linked to its ability to perform its overall mission, directly affecting the readiness and capabilities of U.S. military forces. This testimony summarizes GAO's past work related to DOD's efforts to improve the management of its business operations. Specifically, this testimony discusses DOD's efforts to (1) improve data and baselines to monitor and inform reform efforts; (2) establish clear roles, responsibilities, and authorities for leading reform efforts, and dedicate resources to these efforts; and (3) reliably demonstrate progress in its reform efforts. This statement is based on GAO's body of work issued from 2017 through 2020 on DOD management and business reform issues.
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  • Emotet Botnet Disrupted in International Cyber Operation
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  • Justice Department Settles with Gates Chili Central School District to Ensure Equal Access for Students with Service Animals
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  • Military Airlift: DOD Needs to Take Steps to Manage Workload Distributed to the Civil Reserve Air Fleet
    In U.S GAO News
    What GAO FoundDOD exceeded the flying hours needed to meet military training requirements for fiscal years 2002 through 2010 because of increased operational requirements associated with Afghanistan and Iraq; however it does not know whether it used Civil Reserve Air Fleet (CRAF) participants to the maximum extent practicable. DOD guidance requires it to meet training requirements and to use commercial transportation to the "maximum extent practicable." During fiscal years 2002 through 2010, DOD flew its fleet more than needed to train its crews, although its flying has more closely matched its training needs in recent years. DOD has also used CRAF participants extensively to supplement military airlift. Although DOD has taken steps to make more airlift business available to CRAF participants, officials said that overseas operations have provided enough missions to support both training and CRAF business obligations. However, with the drawdown in Afghanistan, DOD officials expect the need for airlift to decline by at least 66 percent--to pre-September 2001 levels--reducing both training hours available for DOD and business opportunities for CRAF. DOD does not use its process for monitoring flying hours to determine when it will exceed required training hours and allocate eligible airlift missions to CRAF participants. Therefore, it cannot determine whether it is using CRAF to the maximum extent practicable. As a result, DOD may be using its military fleet more than necessary--which officials say is less economical--while risking reduced CRAF participation.DOD provided several reasons for restricting commercial carriers from transporting partial plane loads of cargo over channel routes, including the need to promote efficiency, meet its military airlift training requirements, and fulfill peacetime business obligations to CRAF participants. Channel route missions are regularly scheduled airlift missions used to transport cargo and provide aircrew training time. These missions also help DOD provide business to CRAF participants. According to U.S. Transportation Command (TRANSCOM) officials, DOD generally requires aircraft conducting channel route missions to be completely full of cargo before takeoff. The policy restricting carriers from flying partial loads over channel routes allows DOD to consolidate cargo previously flown by commercial carriers in less than full plane loads and redirect that cargo into the channel route system, where it will be transported by either commercial or military aircraft as part of a full plane load mission. According to DOD, consolidating cargo into full loads flown over the channel route system has increased both the efficiency of these missions and the availability of missions that DOD uses to train its crews and fulfill its business obligations to CRAF.It is unclear whether the planned size of CRAF will be adequate to meet future airlift requirements. DOD last established its future requirements based on the wartime scenarios in the Mobility Capability Requirements Study 2016, issued in 2010. However, due to changing military strategy and priorities, the 2010 study does not reflect current mission needs. The National Defense Authorization Act for Fiscal Year 2013 requires DOD to conduct a new mobility capabilities and requirements study. DOD has not begun this study or finalized its ongoing reviews of the CRAF program's ability to support future requirements. Once they are finalized, these studies should allow DOD to better understand future requirements for CRAF and whether the CRAF program will meet future airlift requirements.Why GAO Did This StudyTo move passengers and cargo, DOD supplements its military aircraft with cargo and passenger aircraft from volunteer commercial carriers participating in the CRAF program. Participating carriers commit their aircraft to support a range of military operations in exchange for peacetime business. A House Armed Services Committee mandated GAO to report on matters related to the CRAF program. GAO assessed whether DOD (1) met its military airlift training requirements while also using CRAF participants to the maximum extent practicable, (2) provided justification for restricting commercial carriers from transporting partial plane loads of cargo over certain routes, and (3) has established future requirements for CRAF and how the planned size of CRAF compares to those requirements. GAO reviewed guidance and policies pertaining to the program, flying hour data, and DOD-sponsored CRAF study reports. GAO also interviewed DOD and industry officials.
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  • Quantum Computing and Communications: Status and Prospects
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    What GAO Found Quantum information technologies aim to use the properties of nature at atomic scales to accomplish tasks that are not achievable with existing technologies. These technologies rely on qubits, the quantum equivalent of classical computer bits. Scientists are creating qubits from particles, such as atoms or particles of light, or objects that mimic them, such as superconducting circuits. Unlike classical bits, qubits can be intrinsically linked to each other and can be any combination of 0 and 1 simultaneously. These capabilities enable two potentially transformational applications—quantum computing and communications. However, quantum information cannot be copied, is fragile, and can be irreversibly lost, resulting in errors that are challenging to correct. Examples of quantum computing hardware Some quantum computing and communications technologies are available for limited uses, but will likely require extensive development before providing significant commercial value. For example, some small error-prone quantum computers are available for limited applications, and a quantum communications technology known as quantum key distribution can be purchased. According to agency officials and stakeholders, additional quantum technology development may take at least a decade and cost billions, but such estimates are highly uncertain. Quantum computing and communications technologies will likely develop together because of some shared physics principles, laboratory techniques, and common hardware.  Quantum computers may have applications in many sectors, but it is not clear where they will have the greatest impact. Quantum communications technologies may have uses for secure communications, quantum networking, and a future quantum internet. Some applications—such as distributed quantum computing, which connects multiple quantum computers together to solve a problem—require both quantum computing and communications technologies. Potential drawbacks of quantum technology include cost, complexity, energy consumption, and the possibility of malicious use. GAO identified four factors that affect quantum technology development and use: (1) collaboration, (2) workforce size and skill, (3) investment, and (4) the supply chain. The table below describes options that policymakers—legislative bodies, government agencies, standards-setting organizations, industry, and other groups—could consider to help address these factors, enhance benefits, or mitigate drawbacks of quantum technology development and use. Policy Options to Help Address Factors that Affect Quantum Technology Development and Use, or to Enhance Benefits or Mitigate Drawbacks Policy options and potential implementation approaches Opportunities Considerations Collaboration (report p. 37) Policymakers could encourage further collaboration in developing quantum technologies, such as collaboration among: Scientific disciplines Sectors Countries Collaboration among disciplines could enable technology breakthroughs. Collaboration could help accelerate research and development, as well as facilitate technology transfer from laboratories to the private sector, federal agencies, and others. International collaboration could bring mutual benefits to the U.S. and other countries by accelerating scientific discovery and promoting economic growth. Intellectual property concerns could make quantum technology leaders reluctant to collaborate. Institutional differences could make collaboration difficult. Export controls may complicate international collaboration, but are also needed to manage national security risks. Workforce (report p. 39) Policymakers could consider ways to expand the quantum technology workforce by, for example: Leveraging existing programs and creating new ones Promoting job training Facilitating appropriate hiring of an international workforce who are deemed not to pose a national security risk Educational programs could provide students and personnel with the qualifications and skills needed to work in quantum technologies across the private sector, public sector, and academia. Training personnel from different disciplines in quantum technologies could enhance the supply of quantum talent. International hiring could allow U.S. quantum employers to attract and retain top talent from other countries. Efforts to increase the quantum technology labor force may affect the supply of expertise in other technology fields with high demand. It may be difficult to adequately develop workforce plans to accommodate quantum technology needs. International hiring could be challenging because of visa requirements and export controls, both in place for national security reasons. Investment (report p. 41) Policymakers could consider ways to incentivize or support investment in quantum technology development, such as: Investments targeted toward specific results Continued investment in quantum technology research centers Grand challenges to spur solutions from the public More targeted investments could help advance quantum technologies. These may include investments in improving access to quantum computers and focusing on real-world applications. Quantum technologies testbed facility investments could support technology adoption, since testbeds allow researchers to explore new technologies and test the functionality of devices. Grand challenges have shown success in providing new capabilities and could be leveraged for quantum technologies. It may be difficult to fund projects with longer-term project timeframes. A lack of standards or, conversely, developing standards too early, could affect quantum technology investments. Without standards, businesses and consumers may not be confident that products will work as expected. Developing standards too early may deter the growth of alternative technology pathways. Supply Chain (report p. 43) Policymakers could encourage the development of a robust, secure supply chain for quantum technologies by, for example: Enhancing efforts to identify gaps in the global supply chain Expanding fabrication capabilities for items with an at-risk supply chain A robust supply chain could help accelerate progress and mitigate quantum technology development risks by expanding access to necessary components and materials or providing improved economies of scale. Quantum material fabrication capabilities improvements could ensure a reliable supply of materials to support quantum technology development. Facilities dedicated to producing quantum materials could help support scalable manufacturing of component parts needed for quantum technology development. The current quantum supply chain is global, which poses risks. For example, it is difficult to obtain a complete understanding of a component’s potential vulnerabilities. Some critical components, such as rare earths, are mined primarily outside of the U.S., which may pose risks to the supply chain that are difficult to mitigate. Quantum manufacturing facilities take a long time to develop and can be costly. Source: GAO. | GAO-21-104422 Why GAO Did This Study Quantum information technologies could dramatically increase capabilities beyond what is possible with classical technologies. Future quantum computers could have high-value applications in security, cryptography, drug development, and energy. Future quantum communications could allow for secure communications by making information challenging to intercept without the eavesdropper being detected. GAO conducted a technology assessment on (1) the availability of quantum computing and communications technologies and how they work, (2) potential future applications of such technologies and benefits and drawbacks from their development and use, and (3) factors that could affect technology development and policy options available to help address those factors, enhance benefits, or mitigate drawbacks. To address these objectives, GAO reviewed key reports and scientific literature; interviewed government, industry, academic representatives, and potential end users; and convened a meeting of experts in collaboration with the National Academies of Sciences, Engineering, and Medicine. GAO is identifying policy options in this report. For more information, contact Karen L. Howard at (202) 512-6888 or howardk@gao.gov.
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  • Concrete Contractor Agrees to Settle False Claims Act Allegations for $3.9 Million
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  • Intellectual Property: CBP Has Taken Steps to Combat Counterfeit Goods in Small Packages but Could Streamline Enforcement
    In U.S GAO News
    The European Union (EU) and U.S. approaches to enforcing intellectual property rights (IPR) differ with respect to counterfeit goods in small packages, which are often sent through express carrier services or international mail. The EU uses a streamlined, application-based procedure to destroy suspected counterfeits in small packages. Through this procedure, rights holders request that member state customs authorities take action against such packages. The procedure allows customs authorities to bill rights holders for certain associated costs, and gives customs authorities discretion in sharing data with rights holders. In the U.S., U.S. Customs and Border Protection (CBP)—a component of the Department of Homeland Security (DHS)—is required to seize any goods it determines to be counterfeit, and typically destroys such goods, regardless of shipment size. CBP does not bill rights holders for the cost of enforcement, and is required to provide specific information to rights holders after seizure of goods. EU and U.S. customs officials reported common challenges in combating the flow of counterfeit goods in small packages. For example, EU and U.S. officials said the large volume of small packages makes it difficult for customs agencies to prioritize resources among competing needs such as drug enforcement and security. EU and U.S. officials also reported that a lack of adequate data on these packages is a challenge in taking enforcement action against them. Bags of Small Packages at Mail Facilities in Germany and France While CBP has taken steps to address these challenges, its primary enforcement processes are not tailored to combat counterfeit goods in small packages. According to CBP officials, from 2014 to 2018, CBP piloted a program to help address the volume of such packages by facilitating the abandonment of goods that it suspected—but had not determined—to be counterfeit. In 2019, CBP initiated a program to obtain additional data, and as of July 2020 had begun using these data to assess the risk that such packages contained counterfeit goods. However, CBP officials said that the seizure and forfeiture processes they are required to use for goods determined to be counterfeit are time and resource intensive. In April 2019, the White House required DHS to identify changes, including enhanced enforcement actions, to mitigate the trafficking of counterfeit goods. In January 2020, DHS proposed several actions that CBP could take, but CBP has not decided which to pursue to streamline its enforcement. Without taking steps to develop a streamlined enforcement approach, CBP will continue to face difficulty in addressing the influx of counterfeit goods in small packages. Counterfeit goods infringe on IPR, and can harm the U.S. economy and threaten consumer safety. CBP, the U.S. agency tasked with enforcement against counterfeits at the border, has reported that the annual number of small packages sent to the U.S. since fiscal year 2013 more than doubled, and small packages seized often contain counterfeit goods. The European Union Intellectual Property Office noted similar economic and consumer safety impacts in Europe, as well as increases in counterfeit goods in small packages. GAO was asked to review IPR enforcement practices in other advanced economies, and the extent to which CBP could apply those practices. This report examines: (1) how elements of the EU and U.S. approaches to combating counterfeit goods in small packages compare, (2) any enforcement challenges posed by these goods, and (3) the extent to which CBP has taken steps to address these challenges. GAO reviewed agency documents; interviewed CBP and customs officials in the EU; and met with private sector stakeholders, such as express carriers. GAO recommends that CBP take steps to develop a streamlined enforcement approach against counterfeit goods in small packages. CBP concurred with the recommendation. For more information, contact Kimberly Gianopoulos at (202) 512-8612 or gianopoulosk@gao.gov.
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