December 9, 2021

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Assistant Attorney General Kristen Clarke Gives Remarks at the Civil Rights Division’s Virtual Conference: Confronting Hate: Strategies for Prevention, Accountability and Justice

11 min read
<div>Today we saw the many ways hate rears its ugly head – from online harassment and verbal threats, from church burnings and attacks inside houses of worships, from physical assaults and mass murder. </div>
Today we saw the many ways hate rears its ugly head – from online harassment and verbal threats, from church burnings and attacks inside houses of worships, from physical assaults and mass murder. 

More from: October 25, 2021

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  • Professional Standards Update No. 82
    In U.S GAO News
    To alert the audit community to changes in professional standards, we periodically issue Professional Standards Updates (PSU). These updates highlight the effective dates and issuance of recent standards and guidance related to engagements conducted in accordance with Government Auditing Standards. PSUs contain summary information only, and those affected by a change should refer to the respective standard or guidance for details.
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  • Justice Department Reaches $1.6M Agreement to Remedy Title IX Violations at San José State University
    In Crime News
    The Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for the Northern District of California announced a settlement with San José State University (SJSU) to ensure that students can attend school and participate in college athletics free from sexual harassment, including sexual assault. The department conducted its investigation under Title IX of the Education Amendments of 1972 (Title IX).
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  • Judiciary Renews Calls for Security Funding
    In U.S Courts
    Judiciary leaders are expressing deep concern that Congress has failed to provide funding to protect federal judges and courthouses, and are urging House and Senate leaders to appropriate money to address a “worsening” safety environment.
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  • Commercial Shipping: Information on How Intermodal Chassis Are Made Available and the Federal Government’s Oversight Role
    In U.S GAO News
    What GAO Found Containerized shipping—performed by oceangoing vessels using standardized shipping containers—accounted for approximately 60 percent of all world seaborne trade, which was valued at approximately $12 trillion in 2017. At a port, shipping containers are placed on "intermodal chassis" (chassis), standardized trailers that carry shipping containers and attach to tractors for land transport. Multiple entities are involved in the movement of shipping containers, including intermodal equipment providers (IEP) (which own and provide chassis for a fee); ocean carriers (which transport cargo over water); and motor carriers (which transport shipping containers over land via chassis). Four distinct models are used in the U.S. to make chassis available to motor carriers (see table), each with benefits and drawbacks according to the entities GAO interviewed. While chassis are generally provided to motor carriers using one of these four models, more than one model may be available at a port. Chassis Provisioning Models Model 1: Single chassis provider An individual intermodal equipment provider (IEP) owns chassis that are directly provided to shippers or motor carriers. Model 2: Motor carrier-controlled A motor carrier owns or is responsible for a chassis that it has procured under a long-term lease. Model 3: Gray pool A single manager, often a third party, oversees the operations of a pool that is made up of chassis contributed by multiple IEPs. Model 4: Pool-of-pools Each IEP manages its respective chassis fleet, but each allow motor carriers to use any chassis among the fleets and to pick up and drop off chassis at any of the IEPs’ multiple locations. Source: GAO.  |  GAO-21-315R Entities GAO interviewed identified multiple benefits and drawbacks to each of the chassis provisioning models. Regarding benefits, for example, both the single chassis provider model and the motor carrier-controlled model allow IEPs and motor carriers to have direct control over the maintenance and repair of their chassis, something these entities potentially lose under other chassis provisioning models. Further, the gray pool and the pool-of-pools models can resolve many of the logistical concerns regarding the availability of chassis, leading to operational efficiencies for port operators and the ability of motor carriers to choose whatever chassis they wish. Regarding drawbacks, cost considerations were identified in some cases. For example, under the single chassis provider model, two IEPs told us that while an expected part of the business, repositioning chassis to ensure there is a sufficient supply of chassis where they are needed can be costly to the IEPs. The federal government provides oversight of chassis safety but has a limited economic oversight role regarding chassis. The Federal Motor Carrier Safety Administration (FMCSA) employs several inspection methods to help oversee chassis safety and compliance with regulations. For example, inspectors perform roadside inspections on commercial vehicles, including chassis, in operation. FMCSA also performs investigations of individual IEPs to oversee chassis safety. While one stakeholder GAO spoke with stated that FMCSA should consider maintaining safety ratings for IEPs—as is currently done for motor carriers—FMCSA officials told us that the current processes provide sufficient information to select IEPs for investigation. The Federal Maritime Commission (FMC) oversees ocean carriers that provide service to and from the U.S. and works to ensure a competitive and reliable ocean transportation supply system. Entities may file complaints with FMC to allege violations of the Shipping Act of 1984, as amended. One such complaint was filed in August 2020, in which the complainants allege, among other things, that although ocean carriers do not own chassis, they still control the operation of chassis pools at ports. An initial decision on this complaint is expected in August 2021. None of the entities GAO spoke with identified additional actions they would like for FMC to take regarding chassis. Why GAO Did This Study Senate Report 116-109—incorporated by reference into the explanatory statement accompanying the Further Consolidated Appropriations Act, 2020—contained a provision for GAO to study intermodal chassis. Within the U.S., some entities have expressed concerns about chassis, including limited availability of chassis in some circumstances, as well as the age and safety of chassis. This report describes selected stakeholders' views on: (1) the ways in which chassis are made available for the movement of shipping containers and the benefits and drawbacks of those models, and (2) the federal government's role in the chassis market. To address these objectives, GAO reviewed relevant reports on chassis provisioning and federal oversight. GAO interviewed representatives from FMC, FMCSA, five industry associations, and the three largest intermodal equipment providers. GAO also interviewed three ocean carriers, five port operators, and a motor carrier selected, in part, for their large number of container movements. The information obtained from these interviews provides a broad perspective of relevant issues but is not generalizable to all entities. For more information, contact Andrew Von Ah at (202) 512-2834 or vonaha@gao.gov.
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  • Brooklyn Federal Jury Convicts U.S. Citizen of Attempting to Provide Material Support to ISIS
    In Crime News
    Earlier today, a federal jury in Brooklyn convicted Bernard Raymond Augustine, a U.S. citizen and California resident, of attempting to provide material support to a designated foreign terrorist organization, the Islamic State of Iraq and al-Sham (“ISIS” or “the Islamic State”). The verdict followed a one-week trial before U.S. District Judge Sterling Johnson Jr. When sentenced, Augustine faces up to 20 years in prison.
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  • Medicaid in Times of Crisis
    In U.S GAO News
    This Capsule—named for its 2-page format—draws from a number of GAO reports to provide examples of how the federal government and states have used Medicaid during pandemics, economic recessions, natural disasters, and other crises. In this Capsule, GAO cites policy considerations and reiterates a recommendation to Congress. For more information, contact Carolyn L. Yocom at (202) 512-7114 or yocomc@gao.gov.
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  • Data Security: Recent K-12 Data Breaches Show That Students Are Vulnerable to Harm
    In U.S GAO News
    A cybersecurity incident is an event that actually or potentially jeopardizes a system or the information it holds. According to GAO's analysis of K-12 Cybersecurity Resource Center (CRC) data from July 2016 to May 2020, thousands of K-12 students were affected by 99 reported data breaches, one type of cybersecurity incident in which data are compromised. Students' academic records, including assessment scores and special education records, were the most commonly compromised type of information (58 breaches). Records containing students' personally identifiable information (PII), such as Social Security numbers, were the second most commonly compromised type of information (36 breaches). Financial and cybersecurity experts say some PII can be sold on the black market and can cause students significant financial harm. Breaches were either accidental or intentional, although sometimes the intent was unknown, with school staff, students, and cybercriminals among those responsible (see figure). Staff were responsible for most of the accidental breaches (21 of 25), and students were responsible for most of the intentional breaches (27 of 52), most frequently to change grades. Reports of breaches by cybercriminals were rare but included attempts to steal PII. Although the number of students affected by a breach was not always available, examples show that thousands of students have had their data compromised in a single breach. Responsible Actor and Intent of Reported K-12 Student Data Breaches, July 1, 2016-May 5, 2020 Notes: The actor or the intent may not be discernible in public reports. For this analysis, a cybercriminal is defined as an actor external to the school district who breaches a data system for malicious reasons. Of the 287 school districts affected by reported student data breaches, larger, wealthier, and suburban school districts were disproportionately represented, according to GAO's analysis. Cybersecurity experts GAO spoke with said one explanation for this is that some of these districts may use more technology in schools, which could create more opportunities for breaches to occur. When a student's personal information is disclosed, it can lead to physical, emotional, and financial harm. Organizations are vulnerable to data security risks, including over 17,000 public school districts and approximately 98,000 public schools. As schools and districts increasingly rely on complex information technology systems for teaching, learning, and operating, they are collecting more student data electronically that can put a student's information, including PII, at risk of disclosure. The closure of schools and the sudden transition to distance learning across the country due to the Coronavirus Disease 2019 (COVID-19) pandemic also heightened attention on K-12 cybersecurity. GAO was asked to review the security of K-12 students' data. This report examines (1) what is known about recently reported K-12 cybersecurity incidents that compromised student data, and (2) the characteristics of school districts that experienced these incidents. GAO analyzed data from July 1, 2016 to May 5, 2020 from CRC (the most complete source of information on K-12 data breaches). CRC is a non-federal resource sponsored by an educational technology organization that has tracked reported K-12 cybersecurity incidents since 2016. GAO also analyzed 2016-2019 Department of Education data on school district characteristics (the most recent available), and interviewed experts knowledgeable about cybersecurity. We incorporated technical comments from the agencies as appropriate. For more information, contact Jacqueline M. Nowicki at (617) 788-0580 or nowickij@gao.gov.
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  • U.S. Businesses Must Take a Stand Against China’s Human Rights Abuses
    In Human Health, Resources and Services
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  • Private Health Coverage: Results of Covert Testing for Selected Offerings
    In U.S GAO News
    GAO performed 31 covert tests to selected sales representatives and stated that we had pre-existing conditions, such as diabetes or heart disease, and we requested coverage for these conditions to see if the sales representative directed GAO's undercover agents to a comprehensive Patient Protection and Affordable Care Act (PPACA)-compliant plan, or a PPACA-exempt plan that does not cover what we requested. As part of these tests, GAO gauged whether sales representatives engaged in potentially deceptive practices, such as making false or misleading statements about coverage or omitting material information about coverage. The results of the covert tests ranged from sales representatives appropriately explaining to GAO's undercover agents that a PPACA-exempt plan would not cover the pre-existing condition the undercover agents stated that they had, to engaging in potentially deceptive marketing practices that misrepresented or omitted information about the products they were selling. Specifically, in 21 of 31 covert tests, the sales representative appropriately referred undercover agents to a PPACA-compliant plan. In two of 31 covert tests, the sales representatives did not appear to engage in deceptive marketing practices but were not always consistent or clear in their explanation of the type of coverage and plans they were selling. In the remaining eight of 31 covert tests, the sales representatives engaged in potentially deceptive marketing practices, such as claiming the pre-existing condition was covered when the health plan documents GAO received after purchase said otherwise. GAO plans to refer these eight cases of potential deceptive marketing practices to the Federal Trade Commission (FTC) and corresponding state insurance commissioners' offices for follow-up as appropriate. Millions of Americans obtain health insurance coverage in the individual market, which consists mainly of private plans sold directly to consumers without access to group coverage. While generally regulated by states, starting in 2014, PPACA established a number of new federal requirements for the individual health insurance market. For example, PPACA prohibited insurers from excluding coverage or charging higher premiums for pre-existing conditions and required that individual market plans cover a set of essential health benefits, including coverage for mental health and substance abuse disorder services, prescription drugs, and maternity and newborn care. Certain types of health coverage arrangements that can be sold directly to consumers do not have to comply with some or all of PPACA's individual market requirements and, as a result, may be less expensive, but also offer more limited benefits compared to PPACA-compliant plans. Recent changes to federal law and regulations could result in the increased use of PPACA-exempt health coverage arrangements as alternatives to PPACA-compliant plans in the individual market. For example, in 2018, federal regulations expanded the availability of short term, limited duration insurance (STLDI) plans, a type of PPACA-exempt arrangement. In addition, starting January 1, 2019, individuals who fail to maintain "minimum essential coverage," as required by PPACA, no longer face a tax penalty. Further, the devastating economic effects of the Coronavirus Disease 2019 (COVID-19) pandemic could create additional demand for affordable health coverage, including PPACA-exempt plans.  With these changes, and because of their lower relative costs, PPACA-exempt health coverage arrangements may be attractive to consumers, particularly those who find it difficult to afford PPACA-compliant plans. However, such arrangements generally do not need to follow PPACA's requirement that plans in the individual market be presented to consumers in defined categories outlining the extent to which they are expected to cover medical care. As a result, depending on how they are marketed and sold, PPACA-exempt arrangements could present risks for consumers, if, for example, they buy them mistakenly believing that coverage is as comprehensive as for PPACA-compliant plans. GAO was asked to obtain insights on the marketing and sales practices of insurance sales representatives who sell PPACA-exempt plans. In this report, GAO describes the results of covert tests we conducted involving selected sales representatives, when contacted by individuals stating that they had pre-existing conditions. In this regard, GAO agents performed a number of covert tests (i.e., undercover phone calls) from November 2019 through January 2020 posing as individuals needing to purchase health insurance to cover pre-existing conditions. GAO also discussed the marketing and oversight of PPACA-exempt arrangements with senior officials from federal agencies, including the FTC, and Centers of Medicare and Medicaid Services (CMS) within the Department of Health and Human Services (HHS), as well as the National Association of Insurance Commissioners (NAIC)5. GAO provided a draft of this product to FTC, HHS, and NAIC for review and comment. FTC, HHS, and NAIC provided technical comments, which GAO incorporated as appropriate. HHS provided additional written comments on a draft of this report. For more information, contact Seto Bagdoyan at (202)-6722 or bagdoyans@gao.gov.
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  • Department Press Briefing – July 7, 2021
    In Crime Control and Security News
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  • Emergency Responder Safety: States and DOT Are Implementing Actions to Reduce Roadside Crashes
    In U.S GAO News
    Move Over laws vary by state but generally require motorists to move over a lane or slow down, or both, when approaching emergency response vehicles with flashing lights stopped on the roadside. U.S. Department of Transportation's (DOT) National Highway Traffic Safety Administration (NHTSA) data provide limited information on whether crashes involved violations of these state laws, but the agency is taking steps to collect additional data. For instance, NHTSA's 2018 data show 112 fatalities from crashes involving emergency vehicles, representing 0.3 percent of all traffic fatalities that year, but these data cannot be used to definitively identify which crashes involved a violation of Move Over laws. NHTSA is proposing updates to the data that it encourages states to include on crash report forms to better identify crashes involving violations of Move Over laws, and plans to convene an expert panel and initiate a pilot project to study further data improvements. Selected state officials reported that they have taken actions to improve public education and enforcement of Move Over laws but still face challenges in both areas. Such actions include education through various forms of media and regional coordination among states to conduct targeted enforcement of Move Over laws within their respective borders during the same time period. State officials cited raising public awareness as the most prevalent challenge, as motorists may not know the law exists or its specific requirements. Variation in the requirements of some Move Over laws—such as for which emergency vehicles motorists are required to move over—may contribute to challenges in educating the public about these laws, according to state officials. DOT has taken actions and is planning others to help improve emergency responder roadside safety. NHTSA helps states promote public awareness of Move Over laws by developing and disseminating marketing materials states can use to develop their own traffic safety campaigns. NHTSA also administers funding that states can use for public awareness activities or enforcement initiatives related to emergency responder safety. FHWA has coordinated with a network of stakeholders across the country to train emergency responders on traffic incident management best practices. Finally, in response to congressional direction, NHTSA officials are planning several research efforts intended to enhance emergency responder safety, including studies on motorist behaviors that contribute to roadside incidents and technologies that protect law enforcement officials, first responders, roadside crews and other responders. General Requirements of Move Over Laws for Motorists on a Multiple Lane Roadway     Police, fire, medical, towing, and other responders risk being killed or injured by passing vehicles when responding to a roadside emergency. To protect these vulnerable workers and improve highway safety, all states and the District of Columbia have enacted Move Over laws. GAO was asked to review issues related to Move Over laws and emergency responder roadside safety. This report: (1) examines data NHTSA collects on crashes involving violations of Move Over laws, (2) describes selected states' actions and challenges related to Move Over laws, and (3) describes DOT efforts to improve emergency responder roadside safety. GAO analyzed NHTSA's 2018 crash data, which were the latest data available; reviewed federal and state laws and regulations, and DOT initiatives to improve emergency responder roadside safety; reviewed state reports to DOT; and interviewed NHTSA and FHWA officials, traffic safely and law enforcement officials in seven selected states, and stakeholders from traffic safety organizations and occupational groups, such as the Emergency Responder Safety Institute and the International Association of Chiefs of Police. GAO selected states based on a variety of factors, including traffic fatality rates per vehicle mile traveled and recommendations from stakeholders. DOT provided technical comments, which we incorporated as appropriate. For more information, contact Elizabeth Repko at (202) 512-2834 or RepkoE@gao.gov.
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  • The United States Welcomes the Organization of American States Resolution on Nicaragua
    In Crime Control and Security News
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  • Assistant Attorney General Makan Delrahim Delivers Remarks at Virtual MOU Signing Ceremony with Korean Prosecution Service
    In Crime News
    It is with great pleasure that I sign this Memorandum of Understanding on behalf of the Department of Justice alongside my good friend, Prosecutor General Yoon. Enhancing the ties between our agencies has been an important priority for me during my tenure as Assistant Attorney General of the Antitrust Division. While only a few years ago we knew comparatively little about one another, our relationship has quickly blossomed into a strong and enduring friendship. I am extremely pleased that we have succeeded in developing important and lasting ties between our agencies, as underscored by our signing of this Memorandum of Understanding today.
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  • United States Settles Clean Water Act Claims Against Fishing Companies, Manager and Vessel Chief Engineer for Violations in American Samoa
    In Crime News
    San Diego-based JM Fisheries LLC, G.S. Fisheries Inc., the companies’ manager, and the chief engineer of the commercial fishing vessel Capt. Vincent Gann have agreed to pay a total of $725,000 in civil penalties to settle federal Clean Water Act claims related to oil pollution violations on the vessel. The companies and their manager have also agreed to perform corrective measures to prevent future Clean Water Act violations.   
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  • Muncie, Indiana Police Officer Pleads Guilty to Misprision of Felony for Concealing Crime Committed by Another Officer
    In Crime News
    Dalton Kurtz, 31, an officer with the Muncie Police Department (MPD), in Muncie, Indiana, pleaded guilty today to one count of misprision of felony, for concealing and failing to report a fellow officer’s inappropriate use of force.
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  • FEMA Flood Maps: Better Planning and Analysis Needed to Address Current and Future Flood Hazards
    In U.S GAO News
    What GAO Found The Federal Emergency Management Agency's (FEMA) Risk Mapping, Assessment, and Planning (Risk MAP) program has increased its development of flood maps and other flood risk products, but faces challenges ensuring they comprehensively reflect current and future flood hazards. For example, its flood risk products do not reflect hazards such as heavy rainfall and the best available climate science. These products include maps—known as Flood Insurance Rate Maps—and nonregulatory flood risk products such as estimates of flood damage in an area. FEMA's Risk MAP program is addressing some of these challenges, but many may require years to address. However, Risk MAP has been operating under an out-of-date plan that does not reflect new goals, objectives, activities, performance measures, and associated timeframes. Updating its program plan to include these elements could help FEMA effectively manage and coordinate its efforts to incorporate current and future flood hazards in a timely way. Example of River Flooding FEMA does not periodically assess the usefulness of its nonregulatory flood risk products, which are intended to help communities increase their resilience to floods. According to FEMA, it has invested millions of dollars in developing Risk MAP nonregulatory products; however, the agency has not assessed the usefulness of these products in increasing community resilience since 2016. Establishing mechanisms for periodically assessing the usefulness of its nonregulatory products could help FEMA ensure it is investing in products that address community need and have a meaningful impact on enhancing flood resilience. FEMA prioritizes mapping projects with input from all levels of government and FEMA regional offices, but could better use available data to inform its mapping efforts. FEMA's decision-making process has emphasized directing resources to areas with greatest flood risks. Additionally, in 2020, FEMA established a strategic priority for considering socially-vulnerable populations as part of disaster resilience. According to GAO's statistical analyses of data from the Risk MAP program and FEMA's publicly available disaster risk assessment tools, FEMA's mapping investments for fiscal years 2012 to 2020 were greater where flood risks were higher, but were lower for areas of higher socially-vulnerable populations. By considering ways to leverage available data into its annual process for prioritizing its flood mapping investments, FEMA could enhance its ability to make well-informed decisions that meet agency and federal priorities and disaster resilience goals. Why GAO Did This Study FEMA is responsible for producing and updating Flood Insurance Rate Maps and nonregulatory products to show areas of greatest flood hazards and help guide floodplain management actions under the National Flood Insurance Program. While FEMA has mapped millions of miles of the nation's streams and coastlines, questions have been raised about whether its flood risk products provide a comprehensive picture of flood risk. The Additional Supplemental Appropriations for Disaster Relief Act of 2019 required GAO to review issues related to 2018 disasters. As part of this body of work, this report addresses (1) the extent FEMA has developed Flood Insurance Rate Maps and nonregulatory products that reflect current and future flood hazards, (2) the extent FEMA has assessed its efforts to enhance flood resilience, and (3) how FEMA prioritizes its mapping resources to create and update Flood Insurance Rate Maps. GAO reviewed agency documents and strategic plans; analyzed FEMA data; and interviewed FEMA, selected states and localities, and flood mapping experts.
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  • Secretary Antony J. Blinken With Thorold Barker of The Wall Street Journal CEO Council Summit
    In Crime Control and Security News
    Antony J. Blinken, [Read More…]
  • Secretary Michael R. Pompeo With Larry O’Connor of the Larry O’Connor Show/WMAL
    In Crime Control and Security News
    Michael R. Pompeo, [Read More…]
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    In Crime Control and Security News
    Antony J. Blinken, [Read More…]
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