On October 1, President Donald J. Trump signed into law a continuing resolution that contains the Antitrust Criminal Penalty Enhancement and Reform Permanent Extension Act (the “Act”). The Act reauthorizes the Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA) and repeals the sunset provision therein.
“We thank President Trump and both the Senate and the House of Representatives for their bipartisan action and recognition of ACPERA’s importance in the fight to safeguard our free markets and protect American consumers from collusion,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division. “The division wholeheartedly agrees with Congress’s findings that ‘[c]onspiracies among competitors to fix prices, rig bids, and allocate markets are categorically and irredeemably anticompetitive and contravene the competition policy of the United States.’”
Congress enacted ACPERA in 2004 in part to provide greater incentives for corporations to self-report and cooperate pursuant to the Antitrust Division’s Corporate Leniency Policy. Since 2004, ACPERA’s provisions have substantially strengthened the Antitrust Division’s ability to detect and prosecute anticompetitive cartel activity through the Leniency Program.
From Fiscal Year 2010 to 2019, the Antitrust Division’s criminal prosecutions have resulted in over $9 billion in criminal fines and penalties, along with jail terms for more than 250 individuals. Since the fall of 2019 alone, the division obtained four criminal fines and penalties at or above the Sherman Act’s $100 million statutory maximum, and prosecuted antitrust violations affecting generic drugs, cancer patients, grocery store staples, and financial markets.
ACPERA will continue to mitigate a successful leniency applicant’s civil damages exposure from treble damages to actual damages if the company provides civil plaintiffs with timely and satisfactory cooperation. While treble damages liability can be an important deterrent for engaging in anti-competitive behavior, civil exposure also can deter self-reporting of criminal wrongdoing. Therefore, the Department of Justice supported the reauthorization of ACPERA and the repeal of its sunset provision.
- Deputy Assistant Attorney General and Counselor for International Affairs Bruce C. Swartz Statement Before the Senate Caucus on International Narcotics ControlBy Sam NewsNovember 17, 2021Chairman Whitehouse, Co-Chairman Grassley, and distinguished members of the Senate Caucus on International Narcotics Control, thank you for this opportunity to testify on behalf of the Department of Justice. The topic of today’s hearing – the nexus between the illicit narcotics trade and corruption – is one of central importance to the Department of Justice.[Read More…]
- Secretary Blinken’s Call with French Foreign Minister Le DrianBy Sam NewsNovember 15, 2021
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- Higher Education: IRS And Education Could Better Address Risks Associated with For-Profit College ConversionsBy Sam NewsApril 20, 2021What GAO Found In its December 2020 report, GAO identified 59 for-profit college conversions that occurred from January 2011 through August 2020. A for-profit college may convert to nonprofit status for different reasons. In about one-third of the conversions, GAO found that former owners or other officials were insiders to the conversion—for example, by creating the tax-exempt organization that purchased the college or retaining the presidency of the college after its sale (see figure). While leadership continuity can benefit a college, insider involvement in a conversion poses a risk that insiders may improperly benefit—for example, by influencing the tax-exempt purchaser to pay more for the college than it is worth. Once a conversion has ended a college's for-profit ownership and transferred ownership to an organization the Internal Revenue Service (IRS) recognizes as tax-exempt, the college must seek Department of Education approval to participate in federal student aid programs as a nonprofit college. GAO also found in its December 2020 report that Education had approved 35 colleges as nonprofit colleges since January 2011 and denied two; nine were under review and 13 closed prior to Education reaching a decision. Figure: Example of a For-Profit College Conversion with Officials in Insider Roles IRS guidance directs staff to closely scrutinize whether significant transactions with insiders reported by an applicant for tax-exempt status will exceed fair-market value and improperly benefit insiders. If an application contains insufficient information to make that assessment, guidance says that staff may need to request additional information. In its December 2020 report, GAO found that for two of 11 planned or final conversions involving insiders that were disclosed in an application, IRS approved the application without certain information, such as the college's planned purchase price or an appraisal report estimating the college's value. Without such information, IRS staff could not assess whether the price was inflated to improperly benefit insiders, which would be grounds to deny the application. If IRS staff do not consistently apply guidance, they may miss indications of improper benefit. Education has strengthened its reviews of for-profit college applications for nonprofit status, but it does not monitor newly converted colleges to assess ongoing risk of improper benefit. In two of three cases GAO reviewed in depth for its December 2020 report, college financial statements disclosed transactions with insiders that could indicate the risk of improper benefit. Education officials agreed that they could develop procedures to assess this risk through its audited financial statement reviews. Until Education develops and implements such procedures for new conversions, potential improper benefit may go undetected. Why GAO Did This Study A for-profit college may convert to nonprofit status for a variety of reasons, such as wanting to align its status and mission. However, in some cases, former owners or other insiders could improperly benefit from the conversion, which is impermissible under the Internal Revenue Code and Higher Education Act of 1965, as amended. This statement—based on GAO's December 2020 report (GAO-21-89)—discusses what is known about insider involvement in conversions and the extent to which IRS and Education identify and respond to the risk of improper benefit. We also requested updates from IRS and Education officials on any agency actions taken to implement the December 2020 report recommendations.[Read More…]
- Secretary Antony J. Blinken Remarks at a Virtual COVID-19 MinisterialBy Sam NewsNovember 10, 2021Antony J. Blinken, [Read More…]
- Defense Health Care: DOD Needs to Fully Assess Its Non-clinical Suicide Prevention Efforts and Address Any Impediments to EffectivenessBy Sam NewsApril 26, 2021What GAO Found The Department of Defense (DOD) has a variety of suicide prevention efforts that are implemented by the military services (Army, Navy, Air Force, and Marine Corps). These include clinical prevention efforts that are generally focused on individual patient treatment and interventions, as well as non-clinical efforts that are intended to reduce the risk of suicide in the military population. This includes, for example, training servicemembers to recognize warning signs for suicide and encouraging the safe storage of items such as firearms and medications. Officials with DOD's Defense Suicide Prevention Office (DSPO) told GAO that most ongoing non-clinical efforts are evidence based. Officials added that a suicide prevention effort is considered to be evidence based if it has been assessed for effectiveness in addressing the risk of suicide in the military population, which has unique risk factors such as a higher likelihood of experiencing or seeing trauma. These officials stated that newer efforts are generally considered to be “evidence informed,” which means that they have demonstrated effectiveness in the civilian population, but are still being assessed in the military population. DSPO officials further explained that assessments of individual prevention efforts can be challenging because suicide is a complex outcome resulting from many interacting factors. In 2020, DSPO published a framework for assessing the collective effect of the department's suicide prevention efforts by measuring outcomes linked to specific prevention strategies, such as creating protective environments. However, this framework does not provide DOD with information on the effectiveness of individual non-clinical prevention efforts. Having a process to assess individual efforts would help DOD and the military services ensure that their non-clinical prevention efforts effectively reduce the risk of suicide and suicide-related behaviors. GAO also identified impediments that hamper the effectiveness of DOD's suicide prevention efforts, including those related to the reporting of suicide data. Definitions. The military services use different definitions for key suicide-related terms, such as suicide attempt, which may result in inconsistent classification and reporting of data. These data are used to develop the department's annual suicide event report. DOD officials stated that this could negatively affect the reliability and validity of the reported data, which may impede the department's understanding of the effectiveness of its suicide prevention efforts and limit its ability to identify and address any shortcomings. Annual suicide reports. DOD publishes two yearly suicide reports through two different offices that are based on some of the same data and provide some of the same information, resulting in the inefficient use of staff. While these reports serve different purposes, improved collaboration between the two offices could help minimize duplication of effort and improve efficiency, potentially freeing resources for other suicide prevention activities. Why GAO Did This Study Suicide is a public health problem facing all populations, including the military. From 2014 to 2019, the rate of suicide increased from 20.4 to 25.9 per 100,000 active component servicemembers. Over the past decade, DOD has taken steps to address the growing rate of suicide in the military through efforts aimed at prevention. The National Defense Authorization Act for Fiscal Year 2020 included a provision for GAO to review DOD's suicide prevention programs. This report examines DOD's suicide prevention efforts, including, among other objectives, (1) the extent to which non-clinical efforts are assessed for being evidence based and effective and (2) any impediments that hamper the effectiveness of these efforts. GAO examined suicide prevention policies, reports, and assessments and interviewed officials from DOD, the military services, and the Reserve components. GAO also interviewed officials at four installations and a National Guard site selected for variety in military service, location, and size.[Read More…]
- 2018 Pacific Island Disasters: Federal Actions Helped Facilitate the Response, but FEMA Needs to Address Long-Term Recovery ChallengesBy Sam NewsFebruary 3, 2021The Federal Emergency Management Agency (FEMA) took steps prior to the 2018 disasters in the Commonwealth of the Northern Mariana Islands (CNMI), Guam, and Hawaii to facilitate response in the region, where time and distance from the continental United States create unique challenges. For instance, FEMA increased the capacity of two Pacific-area supply distribution centers and helped develop area specific disaster response plans. FEMA and its federal partners, such as the Department of Defense (DOD), had varied response roles, which local officials in the CNMI, Guam, and Hawaii considered effective. For example, DOD provided temporary roof repair for disaster survivors in the CNMI. Damage from Typhoon Yutu in the Commonwealth of the Northern Mariana Islands (left) and the Kilauea Volcano Eruption in Hawaii (right) As of October 2020, FEMA obligated $877 million—more than 70 percent of which was for Individual and Public Assistance missions—following the 2018 disasters and made progress addressing some region specific challenges. However, FEMA has not fully addressed housing assistance issues in the CNMI. For example, it experienced delays implementing its Permanent Housing Construction program in the CNMI due to contracting shortfalls and lack of experienced staff. As of October 2020, only about 30 percent of homes were completed and returned to survivors. GAO found that these housing assistance challenges are consistent with lessons learned from prior FEMA missions in other remote areas of the U.S. Developing guidance that addresses lessons learned in the Permanent Housing Construction program could help streamline assistance to disaster survivors. GAO also identified delays in FEMA's obligation of Public Assistance program funds—used to repair or replace disaster-damaged public infrastructure such as utilities, roads, and schools—in the CNMI, Guam, and Hawaii. Specifically, on average, it took over a year for FEMA to approve funds for projects awarded after the 2018 disasters. FEMA and local officials identified potential reasons for the delays, including cost estimation challenges. FEMA established cost factors in the CNMI to account for higher construction costs, and GAO found that FEMA collects some data on the timeliness of individual steps in the process. However, FEMA has not analyzed the data to help identify causes of the delays, which could allow it to target solutions to address them. The CNMI, Guam, and Hawaii experienced an unprecedented number of natural disasters in 2018—including typhoons, earthquakes, mudslides, and volcanic eruptions. FEMA is the lead federal agency responsible for helping states and territories prepare for, respond to, and recover from natural disasters. Due to the remoteness of Hawaii and the Pacific territories, disaster response and recovery can be challenging. Title IX of the Additional Supplemental Appropriations for Disaster Relief Act of 2019 includes a provision for GAO to review FEMA's response and recovery efforts for 2018 natural disasters, including those in the Pacific region. This report examines (1) how FEMA and its federal partners prepared for and responded to the 2018 disasters in the CNMI, Guam, and Hawaii; and (2) the extent to which FEMA assisted the CNMI, Guam, and Hawaii in recovering from the 2018 natural disasters. GAO analyzed program documents, response plans, and data on FEMA obligations, expenditures, and grant process steps as of October 2020; interviewed federal, state, territorial, and local officials; and visited disaster-damaged areas in Hawaii. GAO is making four recommendations, including that FEMA (1) incorporate lessons learned into Permanent Housing Construction guidance; and (2) use performance data to identify and address inefficiencies in the Public Assistance program. The Department of Homeland Security concurred, and FEMA is taking actions in response. For more information, contact Chris Currie at (404) 679-1875 or email@example.com.[Read More…]
- Florida Resident Pleads Guilty to Conspiracy to Falsify Clinical Trial DataBy Sam NewsNovember 2, 2020A Florida resident pleaded guilty to conspiring to falsify clinical trial data regarding an asthma medication, the Department of Justice announced today.[Read More…]
- Judicial and Legislative Branches to Continue Discussions on Judiciary Case Management BillBy Sam NewsIn U.S CourtsDecember 9, 2020The Judicial Conference of the United States expressed its opposition to the version of a bill passed by the House this week, saying it “will have devastating budgetary and operational impact on the Judiciary and our ability to serve the public” by imposing radical and costly changes on the Third Branch’s electronic case management system without adequate funding.[Read More…]
- Human Capital: Complete Information and More Analyses Needed to Enhance DOD’s Civilian Senior Leader Strategic Workforce PlanBy Sam NewsAugust 31, 2021What GAO FoundDOD's approach for determining its civilian senior leader workforce projections to meet future requirements incorporated the results of two separate assessments. In its 2010-2018 strategic workforce plan, DOD presented data that projected reductions of 178 civilian senior leader positions within its five career civilian senior leader workforces during fiscal years 2011 and 2012. To conduct its assessment for the strategic workforce plan, DOD used a computer modeling system that is managed by the Office of Personnel Management (OPM) and used by several agencies across the federal government. The system models significant career events, such as promotions, reassignments, and retirements, to produce projections. During this same time period, DOD also completed an efficiency initiative at the direction of the Secretary of Defense to, among other things, ensure that DOD's senior leader workforce is properly sized and aligned with DOD's mission and priorities. For its efficiency initiative, the department devised an internal DOD methodology in which it rank ordered positions in terms of higher and lower priority in order to identify reductions. This assessment identified a reduction of 178 civilian senior leader positions within DOD's civilian senior leader workforce for fiscal years 2011 and 2012. From the plan, it is not clear how these two efforts fit together, or how DOD drew from the strengths of each analysis. DOD officials explained to us, however, that they incorporated the results of the efficiency initiative into the strategic workforce plan when they issued that plan, so that the projections of the workforce plan and the results of the efficiency initiative would be consistent.DOD assessments of the critical skills, competencies, and gaps of its career civilian senior leader workforces did not identify areas that will require increased focus to help the department meet its vital missions. Most of DOD's civilian senior leader workforce can be categorized into five separate workforces, and our review found that DOD conducted assessments of skills, competencies, and gaps for two of them--the Senior Executive Service and Defense Intelligence Senior Executive Service workforces. However, the department did not include the results of either assessment in its 2010-2018 strategic workforce plan and only discussed the processes it used for conducting the assessment of its Senior Executive Service workforce. Further, DOD did not conduct assessments of skills, competencies, and gaps for the remaining three career civilian senior leader workforces--its Senior Level, Senior Technical, and Defense Intelligence Senior Level workforces. Officials told us that they did not assess these three workforces because the skills and competencies of these workforces are position-specific. However, section 115b of Title 10 of the United States Code requires that DOD conduct assessments of the skills, competencies, and gaps within all its senior leader workforces. Without conducting such assessments and reporting on them, it is difficult to identify those areas that will require increased focus on recruiting, retention, and training. Therefore, we are recommending that DOD conduct assessments of the skills, competencies, and gaps within all five of its career senior leader workforces and report the results in its future strategic workforce plans.Why GAO Did This StudyThe ability of the Department of Defense (DOD) to achieve its mission and carry out its responsibilities depends in large part on whether it can sustain a civilian senior leader workforce that possesses necessary skills and competencies. Managing civilian senior leaders effectively is imperative, especially in light of DODs plans to reduce at least 150 civilian senior leader positions, the departments current cap on civilian personnel numbers, and the existing pay freeze. Further, as DOD faces fiscal constraints, implements its efficiency initiatives, and prepares for an anticipated drawdown in Afghanistan, the department is faced with the complex task of re-shaping its workforce to meet future needs. This includes assessing the requirements for approximately 2,900 civilian senior leaders who help manage DODs overall civilian workforce of more than 780,000 personnel. In managing these senior leaders, the department must ensure that they are sufficient in number and properly prepared to achieve DODs mission. One particular challenge, noted in DODs 2010-2018 strategic workforce plan, is that more than 60 percent of DODs civilian senior leader workforce will be eligible to retire by 2015.Accordingly, section 115b Title 10 of the United States Code, enacted in October 2009, requires DOD to submit to congressional defense committees, on a recurring basis, a strategic workforce plan to shape and improve its civilian senior leader workforces. While this law does not specify a date for DOD to submit the plan, it does stipulate several requirements for the plan. These include an assessment of (1) the critical skills and competencies of the existing workforce of the department and projected trends in that workforce based on expected losses due to retirement and other attrition, and (2) gaps in the existing or projected workforce of the department that should be addressed to ensure that the department has continued access to the critical skills and competencies it needs. DOD's mandate previously required that the department's assessments cover a 7-year period following the year in which the plan is submitted to Congress. Therefore, DOD's latest civilian senior leader workforce plan covered the period 2010-2018.Following the enactment of this legislation, the Secretary of Defense, in August 2010, announced an efficiency initiative to eliminate unnecessary overhead costs by, among other things, reviewing DODs entire senior leader workforce and reducing the total number of civilian senior leader positions by at least 150. The Secretarys guidance called for these reductions to take place in fiscal years 2011 and 2012. After the Secretarys announcement, DODs Office of the Under Secretary of Defense for Personnel and Readiness created the Civilian Senior Executive Study Group, and directed the group to conduct a DOD-wide survey of the number, placement, skills, and competencies of civilian senior leader positions and to provide recommendations for restructuring civilian senior leader positions to best align with missions and responsibilities. The Office of the Under Secretary of Defense for Personnel and Readiness also directed the group to consider how to inform follow-on efforts to further analyze civilian senior leader appointment, management, and renewal policies. The Civilian Senior Executive Study Group, which consisted of Senior Executive Service and General Schedule-15 representatives from the Office of the Secretary of Defense, each of the military departments, the Joint Staff, and the Office of the Under Secretary of Defense for Intelligence, issued its final report to the Secretary on November 23, 2010. The Secretary of Defense announced his decisions based on recommendations developed as part of the efficiency initiative, including recommendations made in this report on March 14, 2011.Subsequently, on March 27, 2012, DOD issued its 2010-2018 Strategic Workforce Plan, and GAO, as mandated by the National Defense Authorization Act for Fiscal Year 2010, is required to report on that plan within 180 days of its submission to Congress. For this report on DOD's 2010-2018 plan we (1) reviewed DOD's approach for determining its civilian senior leader projections to meet future requirements and (2) evaluated the extent to which DOD's assessment of the critical skills, competencies, and gaps in the existing and future civilian senior leader workforces identified areas that will require increased focus to help the department meet its vital missions.[Read More…]
- NASA-led Study Reveals the Causes of Sea Level Rise Since 1900By Sam NewsIn SpaceSeptember 26, 2020Scientists have gained [Read More…]
- Former Florida Department of Corrections Officer Sentenced for Civil Rights Conspiracy to Assault Youthful OffendersBy Sam NewsSeptember 9, 2021Former Florida Department of Corrections Officer Terrance Reynolds, 31, was sentenced yesterday to 33 months in prison and two years of supervised release. Reynolds was convicted following a fourteen-day trial for conspiring to assault youthful offender inmates at the South Florida Reception Center, a prison located in Doral, Florida. A second former officer previously pleaded guilty in this case and was sentenced in federal court.[Read More…]
- Joint Statement of the C5+1 on Addressing the Climate CrisisBy Sam NewsSeptember 21, 2021
- Justice Department Sues to Block Penguin Random House’s Acquisition of Rival Publisher Simon & SchusterBy Sam NewsNovember 2, 2021The U.S. Department of Justice filed a civil antitrust lawsuit today to block Penguin Random House’s proposed acquisition of its close competitor, Simon & Schuster. As alleged in the complaint filed in the U.S. District Court for the District of Columbia, this acquisition would enable Penguin Random House, which is already the largest book publisher in the world, to exert outsized influence over which books are published in the United States and how much authors are paid for their work.[Read More…]
- Jury Convicts Chinese Intelligence Officer of Espionage Crimes, Attempting to Steal Trade SecretsBy Sam NewsNovember 5, 2021A federal jury today convicted Yanjun Xu, a Chinese national and Deputy Division Director of the Sixth Bureau of the Jiangsu Province Ministry of State Security, of conspiring to and attempting to commit economic espionage and theft of trade secrets. The defendant is the first Chinese intelligence officer to be extradited to the United States to stand trial.[Read More…]
- Army and Marine Corps Training: Better Performance and Cost Data Needed to More Fully Assess Simulation-Based EffortsBy Sam NewsAugust 24, 2021What GAO FoundOver the past several decades, the Army and Marine Corps have increased their use of simulation-based training--simulators and computer-based simulations. Historically, the aviation communities in both services have used simulators to train servicemembers in tasks such as takeoffs, and emergency procedures that could not be taught safely live. In contrast, the services' ground communities used limited simulations prior to 2000. However, advances in technology, and emerging conditions in Iraq and Afghanistan have led to increased use of simulation-based training in the ground forces. For example, in response to increases in vehicle rollovers, both services began using simulators to train servicemembers to safely evacuate vehicles. The services are also collaborating in the development of some simulation-based training devices. For instance, according to Marine Corps officials, the service reused 87 percent of the Army's Homestation Instrumentation Training System's components in its own training system, achieving about $11 million in cost avoidance and saving an estimated 7 years in fielding time. The services are also taking steps to better integrate live and simulation-based training, developing technical capabilities to connect previously incompatible simulation-based training devices. The Army's capability is now being fielded, and the Marine Corps' is in the initial development phase.The Army and Marine Corps consider various factors in determining whether to use live or simulation-based training, but lack key performance and cost information that would enhance their ability to determine the optimal mix of training and prioritize related investments. As the services identify which requirements can be met with either live or simulation-based training or both, they consider factors such as safety and training mission. Also, they have cited numerous benefits of simulation-based training, such as improving servicemember performance in live training events, and reducing operating costs. Both services rely on subject matter experts, who develop their training programs, and after action reports from deployments and training exercises for information on how servicemembers may have benefited from simulation-based training. However, neither service has established outcome metrics to assist them in more precisely measuring the impact of using simulation-based devices to improve performance or proficiency. Leading management practices recognize that performance metrics can help agencies determine the contributions that training makes to improve results. Army and Marine Corps officials also generally consider simulation-based training to be less costly than live training and analyze some data, such as life cycle costs, when considering options to acquire a particular simulation-based training device. However, once simulation-based training devices are fielded, the services neither reevaluate cost information as they determine the mix of training nor have a methodology for determining the costs associated with simulation-based training. Federal internal control standards state that decision makers need visibility over a program's financial data to determine whether the program is meeting the agencies' goals and effectively using resources. Without better performance and cost data, the services lack the information they need to make more fully informed decisions in the future regarding the optimal mix of training and how best to target investments for simulation-based training capabilities.Why GAO Did This StudyThe Army and Marine Corps use live and simulation-based training to meet training goals and objectives. Service officials have noted benefits from the use of simulation-based training--both in terms of training effectiveness and in cost savings or cost avoidance. A House report accompanying the bill for the National Defense Authorization Act for 2012 mandated GAO to review the status of the military services' training programs. This report follows GAO's reports on the Navy and Air Force, and assesses (1) changes in the Army's and Marine Corps' use of simulation-based training, including efforts to integrate live and simulation-based training capabilities; and (2) the factors the Army and Marine Corps consider in determining whether to use live or simulation-based training, including the extent to which they consider performance and cost information. GAO focused on a broad cross-section of occupations (e.g., aviation, armor, artillery), and analyzed service training strategies and other documents; and conducted six site visits and interviewed service officials involved with training and training development for the selected occupations.[Read More…]
- Deputy Attorney General Jeffrey A. Rosen Delivers Remarks at Announcement of Results of Operation DisruptorBy Sam NewsSeptember 22, 2020Good morning. I am pleased to be joined today by FBI Director Christopher Wray, DEA Acting Administrator Timothy Shea, ICE Acting Deputy Director Derek Benner, and Chief Postal Inspector Gary Barksdale.[Read More…]
- Border Security: Observations on Costs, Benefits, and Challenges of a Department of Defense Role in Helping to Secure the Southwest Land BorderBy Sam NewsAugust 31, 2021What GAO FoundThe National Defense Authorization Act for Fiscal Year 2011 mandated that GAO examine the costs and benefits of an increased Department of Defense (DOD) role to help secure the southwest land border. This mandate directed that GAO report on, among other things, the potential deployment of additional units, increased use of ground-based mobile surveillance systems, use of mobile patrols by military personnel, and an increased deployment of unmanned aerial systems and manned aircraft in national airspace. In September 2011, GAO reported that DOD estimated a total cost of about $1.35 billion for two separate border operationsOperation Jump Start and Operation Phalanxconducted by National Guard forces in Title 32 status from June 2006 to July 2008 and from June 2010 through September 30, 2011, respectively. Further, DOD estimated that it has cost about $10 million each year since 1989 to use active duty Title 10 forces nationwide, through its Joint Task Force-North, in support of drug law enforcement agencies with some additional operational costs borne by the military services. Agency officials stated multiple benefits from DODs increased border role, such as assistance to the Department of Homeland Security (DHS) Border Patrol until newly hired Border Patrol agents are trained and deployed to the border; providing DOD personnel with training opportunities in a geographic environment similar to current combat theaters; contributing to apprehensions and seizures and deterring other illegal activity along the border; building relationships with law enforcement agencies; and strengthening military-to-military relationships with forces from Mexico.GAO found challenges for the National Guard and for active-duty military forces in providing support to law enforcement missions. For example, under Title 32 of the United States Code, National Guard personnel are permitted to participate in law enforcement activities; however, the Secretary of Defense has precluded National Guard forces from making arrests while performing border missions because of concerns raised about militarizing the U.S. border. As a result, all arrests and seizures at the southwest border are performed by the Border Patrol. Further, DOD officials cited restraints on the direct use of active duty forces, operating under Title 10 of the United States Code in domestic civilian law enforcement, set out in the Posse Comitatus Act of 1878. In addition, GAO has reported on the varied availability of DOD units to support law enforcement missions, such as some units being regularly available while other units (e.g., ground-based surveillance teams) may be deployed abroadmaking it more difficult to fulfill law enforcement requests.Federal officials stated a number of broad issues and concerns regarding any additional DOD assistance in securing the southwest border. DOD officials expressed concerns about the absence of a comprehensive strategy for southwest border security and the resulting challenges to identify and plan a DOD role. DHS officials expressed concerns that DODs border assistance is ad hoc in that DOD has other operational requirements. DOD assists when legal authorities allow and resources are available, whereas DHS has a continuous mission to ensure border security. Further, Department of State and DOD officials expressed concerns about the perception of a militarized U.S. border with Mexico, especially when Department of State and Justice officials are helping civilian law enforcement institutions in Mexico on border issues.Why GAO Did This StudyDHS reports that the southwest border continues to be vulnerable to cross-border illegal activity, including the smuggling of humans and illegal narcotics. Several federal agencies are involved in border security efforts, including DHS, DOD, Justice, and State. In recent years, the National Guard has played a role in helping to secure the southwest land border by providing the Border Patrol with information on the identification of individuals attempting to cross the southwest land border into the United States. Generally, the National Guard can operate in three different statuses: (1) state statusstate funded under the command and control of the governor; (2) Title 32 statusfederally funded under command and control of the governor; and (3) Title 10 statusfederally funded under command and control of the Secretary of Defense.This testimony discusses (1) the costs and benefits of a DOD role to help secure the southwest land border, including the deployment of the National Guard, other DOD personnel, or additional units; (2) the challenges of a DOD role at the southwest land border; and (3) considerations of an increased DOD role to help secure the southwest land border.The information in this testimony is based on work completed in September 2011, which focused on the costs and benefits of an increased role of DOD at the southwest land border. See "Observations on the Costs and Benefits of an Increased Department of Defense Role in Helping to Secure the Southwest Land Border," GAO-11-856R (Washington, D.C.: Sept. 12, 2011).For more information, contact Brian J. Lepore at (202) 512-4523 or firstname.lastname@example.org.[Read More…]
- Monsanto Successor Companies Agree to Clean Up Remaining Surface Contamination at Sauget Superfund Sites under Federal SettlementBy Sam NewsDecember 14, 2021Solutia Inc. and Pharmacia LLC, successors to Monsanto Company, will complete the cleanup of four former landfills and waste lagoons in Sauget, Illinois, across the Mississippi River from St. Louis.[Read More…]
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