December 4, 2021

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Deputy Attorney General Lisa O. Monaco Gives Keynote Address at ABA’s 36th National Institute on White Collar Crime

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  • Critical Infrastructure Protection: Treasury Needs to Improve Tracking of Financial Sector Cybersecurity Risk Mitigation Efforts
    In U.S GAO News
    The federal government has long identified the financial services sector as a critical component of the nation's infrastructure. The sector includes commercial banks, securities brokers and dealers, and providers of the key financial systems and services that support these functions. Altogether, the sector holds about $108 trillion in assets and faces a variety of cybersecurity-related risks. Key risks include (1) an increase in access to financial data through information technology service providers and supply chain partners; (2) a growth in sophistication of malware—software meant to do harm—and (3) an increase in interconnectivity via networks, the cloud, and mobile applications. Cyberattacks that exploit risks can occur against either public or private components of the sector. For example, in February 2016, hackers were able to install malware on the Bangladesh Central Bank's system through a service provider, which then directed the Federal Reserve Bank of New York to transfer money to accounts in other Asian countries. This attack resulted in the theft of approximately $81 million. Several industry groups and firms are taking steps to enhance the security and resilience of the U.S. financial services sector through a broad range of cyber risk mitigation efforts. These efforts include coordinating within the sector through groups such as the Financial Services Sector Coordinating Council and the Financial Systemic Analysis and Resilience Center, conducting industrywide incident response exercises, sharing threat and vulnerability information, developing and providing guidance in conducting risk assessments, and offering cybersecurity-related training. The Departments of Homeland Security and the Treasury and federal financial regulators are also taking multiple steps to support cybersecurity and resilience through risk mitigation efforts. Among other things, federal agencies provide cybersecurity expertise and conduct simulation exercises related to cyber incident response and recovery. Treasury, as the designated lead agency for the financial sector, plays a key role in supporting many of the efforts to enhance the sector's cybersecurity and resiliency. For example, Treasury's Assistant Secretary for Financial Institutions serves as the chair of the committee of government agencies with sector responsibilities, and Treasury coordinates federal agency efforts to improve the sector's cybersecurity and related communications. However, Treasury does not track efforts or prioritize them according to goals established by the sector for enhancing cybersecurity and resiliency. Treasury also has not fully implemented GAO's previous recommendation to establish metrics related to the value and results of the sector's risk mitigation efforts. Further, the 2016 sector-specific plan, which is intended to direct sector activities, does not identify ways to measure sector progress and is out of date. Among other things, the sector-specific plan lacks information on sector-related requirements laid out in the 2019 National Cyber Strategy Implementation Plan . Unless more widespread and detailed tracking and prioritization of efforts occurs according to the goals laid out in the sector-specific plan, the sector could be insufficiently prepared to deal with cyber-related risks, such as those caused by increased access to data by third parties. For decades, the federal government has taken steps to protect the nation's critical infrastructures. The financial services sector's reliance on information technology makes it a leading target for cyber-based attacks. Recent high-profile breaches at commercial entities have heightened concerns that data are not being adequately protected. Under the Comptroller General's authority, GAO initiated this review to (1) describe the key cyber-related risks facing the financial sector; (2) describe steps the financial services industry is taking to share information on and address risks to its sector; and (3) assess steps federal agencies are taking to enhance the security and resilience of the sector. GAO analyzed relevant reports and information to determine risks and mitigation efforts and compared agency efforts against federal policies and guidance. GAO also interviewed officials at 16 private sector entities, two self-regulatory organizations, and eight federal agencies, including the Department of the Treasury. GAO is making recommendations to Treasury to track and prioritize the sector's cyber risk mitigation efforts, and to update the sector's plan with metrics for measuring progress and information on how sector efforts will meet sector goals and requirements, including those contained within the National Cyber Strategy Implementation Plan. Treasury generally agreed with the recommendations. For more information, contact Nick Marinos at (202) 512-9342 or marinosn@gao.gov or Michael Clements at (202) 512-7763 or ClementsM@gao.gov.
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    The U.S. Department of Justice filed a civil antitrust lawsuit today to block Aon’s $30 billion proposed acquisition of Willis Towers Watson, a transaction that would bring together two of the “Big Three” global insurance brokers. As alleged in the complaint filed in the U.S. District Court for the District of Columbia, the merger threatens to eliminate competition, raise prices, and reduce innovation for American businesses, employers, and unions that rely on these important services.
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  • GAO Strategic Plan 2004-2009 (Superseded by GAO-07-1SP)
    In U.S GAO News
    This publication has been superceded by GAO-07-1SP, GAO Strategic Plan, 2007-2012, April 2007. GAO presented its strategic plan for serving the Congress for fiscal years 2004 through 2009. In keeping with its commitment to update our plan every 2 years, with each new Congress, this plan describes our proposed goals and strategies for supporting the Congress and the nation in facing the challenges of a rapidly changing world while addressing the nation's large and growing long-term fiscal imbalance. Indeed, even since the last plan, much has changed. Policymakers are therefore increasingly being called on to distinguish wants from needs and to judge what the nation can afford, both now and in the longer term. Policymakers also face a world in which national boundaries are becoming less relevant when addressing a range of economic, security, social, and environmental issues. These broad themes--security, the changing economy, global interconnectedness, an aging and more diverse population, scientific and technological change, concern for quality of life, and evolving governance structures--provide the context for GAO's plan. The broad goals and objectives of the plan have not altered dramatically since the last plan, but recent events account for some modifications in emphasis. Because of the large and growing long-term fiscal imbalance facing the nation, GAO has identified this as a separate theme for its plan. Therefore, it will continue to increase its emphasis on work related to the transformation of the federal government, as it addresses fiscal challenges, new priorities and world conditions, as well as a substantial turnover in its workforce. GAO's High-Risk Series, which began more than a decade ago with an emphasis on fraud, waste, and abuse, has most recently expanded to include challenges in broad-based transformation, and GAO will continue to use the high-risk designation to highlight additional areas facing major transformation challenges. Given the continued national focus on homeland security, the creation of the Department of Homeland Security, and the ongoing war on terrorism, GAO expects to pay continuing attention to monitoring the progress of the department and other critical parts of the federal government in becoming effective structures for meeting national needs. Because the pressures to meet the health care and retirement needs of a growing elderly population continue to mount, GAO expects that health care cost and quality, along with public and private pension issues, will come under increasing scrutiny and require additional effort and attention. As the reconstruction of Iraq and Afghanistan continues and other global events unfold, GAO expects to provide additional support to the Congress in overseeing the pace and cost of related federal efforts. Additionally, as the Department of Defense embarks on a major transformation effort following the enactment of sweeping new authorities, GAO expects to report on the department's progress and effectiveness. To help support its efforts on behalf of the Congress and the American people, GAO has set itsself the goal of becoming a model agency and world-class professional services organization--a goal that remains as vital as ever. To make sure that the plan is an accurate reflection of congressional and national needs, GAO invited comments on a draft of this plan from Members of the Congress and their staffs; its sister congressional agencies--the Congressional Budget Office and the Congressional Research Service; the inspectors general; state and local government audit organizations; and other key accountability organizations. It has incorporated many of these comments in this final version of the plan.
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  • Remarks of Acting Assistant Attorney General Brian C. Rabbitt at the ACI 37th Annual Conference on the FCPA
    In Crime News
    Good morning and thank you for that kind introduction. It is an honor to be here with you today, even if only virtually. Just a year ago, addressing a conference of this size and importance via video would have seemed unthinkable. Today, it is — unfortunately — normal. I look forward to the time — hopefully, soon — when we can gather again in person. In the meantime, I am grateful for this opportunity to speak with you, and I look forward to my discussion with Kim after my remarks conclude.
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  • Rule of Law Assistance: State and USAID Could Improve Monitoring Efforts
    In U.S GAO News
    The Department of State (State) Bureau of International Narcotics and Law Enforcement Affairs (State/INL) and the U.S. Agency for International Development (USAID) provided sufficient documentation for GAO to conclude that they followed most key practices for monitoring rule of law assistance for the awards we reviewed from selected countries. However, the agencies did not provide sufficient documentation demonstrating that they followed other key practices. Overall, State/INL followed these practices in most cases and USAID did so in almost all cases. Specifically, GAO's review of 19 State/INL and USAID projects found that USAID in all cases, and State/INL in most cases, followed key practices for planning a monitoring approach, such as developing project goals, objectives, and performance indicators. However, State/INL did not consistently demonstrate that project representatives included project goals and objectives in monitoring plans, and did not consistently identify risks in those plans (see fig.). Furthermore, neither agency could demonstrate that project representatives consistently assessed and approved monitoring reports from implementing partners. Following key monitoring practices helps to ensure that agencies stay well-informed of project performance and take corrective action when necessary, and that projects achieve their intended results. Without complete documentation, management cannot be sure that these practices are being followed. State/INL and USAID Alignment with Key Practices for Monitoring Rule of Law Assistance State and USAID have various processes to conduct, share, and use rule of law project evaluations to improve future efforts. Both agencies disseminate evaluations through online systems, briefings, and presentations, and have established approaches to track the implementation of evaluation recommendations, such as through spreadsheets or other documentation. The agencies use these evaluations in various ways to inform project design and strategic planning. Rule of law strengthens protection of fundamental rights and serves as a foundation for democratic governance and economic growth. According to State, strengthening judicial and legal systems in certain countries is vital to U.S. national security interests. State and USAID allocated over $2.7 billion for rule of law assistance overseas from fiscal years 2014 through 2018. GAO was asked to review monitoring and evaluation of U.S. rule of law assistance around the world. This report examines, among other objectives, the extent to which the agencies followed key practices for monitoring rule of law projects in selected countries, and processes agencies have in place to use evaluations to inform future rule of law assistance. GAO analyzed relevant laws and agency policies and other documents, and interviewed officials in Washington, D.C., and four countries—Colombia, Kosovo, Liberia, and the Philippines—selected based on funding amounts and other factors. GAO recommends that State/INL establish procedures to ensure project goals, objectives, and risks are identified in monitoring plans. GAO also recommends that State/INL establish and USAID enhance procedures to ensure project staff assess and approve monitoring reports. State and USAID concurred with GAO's recommendations. For more information, contact Chelsa Kenney Gurkin at (202) 512-2964 or gurkinc@gao.gov.
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  • Man-Made Chemicals and Potential Health Risks: EPA Has Completed Some Regulatory-Related Actions for PFAS
    In U.S GAO News
    The Environmental Protection Agency (EPA) has completed three of six selected regulatory-related actions for addressing per- and polyfluoroalkyl substances (PFAS) outlined in EPA's PFAS Action Plan . (See fig.) For two of the three completed actions, the steps EPA took were also in response to the National Defense Authorization Act for Fiscal Year 2020 (FY20 NDAA): After proposing a supplemental significant new use rule in February 2020, EPA met a June 2020 deadline set in the FY20 NDAA when the EPA Administrator signed the final rule. Among other things, under the final rule, articles containing certain PFAS as a surface coating, and carpet containing certain PFAS, can no longer be imported into the U.S. without EPA review. EPA incorporated 172 PFAS into the Toxics Release Inventory in June 2020. The FY20 NDAA directed EPA to take this action, extending EPA's original planned action to explore data for listing PFAS chemicals to the inventory. Finally, in March 2020, EPA completed a third regulatory-related action, not required under the FY20 NDAA, when the agency proposed a preliminary drinking water regulatory determination for two PFAS—an initial step toward regulating these chemicals in drinking water. Status of Six Selected Regulatory-Related Actions in the Environmental Protection Agency's (EPA) Per- and Polyfluoroalkyl Substances (PFAS) Action Plan Planned action Status Propose a supplemental significant new use rule. Complete Explore data for listing PFAS chemicals to the Toxics Release Inventory. Complete Propose a drinking water regulatory determination. Complete Monitor PFAS in drinking water. Ongoing Explore industrial sources of PFAS that may warrant potential regulation. Ongoing Continue the regulatory process for a hazardous substances designation. Ongoing Source: GAO analysis of EPA's 2019 PFAS Action Plan. | GAO-21-37 Three of the six selected regulatory-related actions are ongoing, and EPA's progress on these actions varies. For example: As of August 2020, EPA was developing a proposed rulemaking for a nationwide drinking water monitoring rule that includes PFAS, which EPA officials said the agency intends to finalize by December 2021. EPA planned to continue the regulatory process for designating two PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act, would allow the agency to require responsible parties to conduct or pay for cleanup. On January 14, 2021, EPA issued an advance notice of proposed rulemaking for the hazardous substances designation to get public comment and data to inform the agency's ongoing evaluation of the two PFAS. Beginning in the 1940s, scientists developed a class of heat- and stain-resistant chemicals—PFAS—that are used in a wide range of products, including nonstick cookware, waterproof clothing, and some firefighting foams. PFAS can persist in the environment for decades or longer. The Centers for Disease Control and Prevention has found that most people in the U.S. have been exposed to two of the most widely studied PFAS, likely from consuming contaminated water or food. According to EPA, there is evidence that continued exposure above certain levels to some PFAS may lead to adverse health effects. In February 2019, EPA issued its PFAS Action Plan , which outlined 23 planned actions to better understand PFAS and reduce their risks to the public. GAO was asked to examine the status of regulatory-related actions in EPA's plan. For six regulatory-related actions GAO selected in EPA's PFAS Action Plan , this report examines (1) the number of actions that are complete and the steps EPA took to complete them and (2) the number of actions that are ongoing and EPA's progress toward completing them. GAO first identified those actions in the PFAS Action Plan that may lead to the issuance of federal regulations or could affect compliance with existing regulations. GAO then assessed the status of the actions by reviewing EPA documents and examining EPA's response to related FY20 NDAA requirements. For more information, contact J. Alfredo Gómez at (202) 512-3841 or gomezj@gao.gov.
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  • USAJOBS Website: OPM Has Taken Actions to Assess and Enhance the User Experience
    In U.S GAO News
    The Office of Personnel Management (OPM) uses a variety of sources to assess the user experience with USAJOBS, the central website for posting federal job openings. GAO found that OPM's assessments generally track key measures in accordance with selected government-wide guidance. Specifically, OPM collects data on most of the website performance measures recommended by selected guidance from Digital.gov, including the number of times pages were viewed, the percentage of users who use the USAJOBS search box, and overall customer experience. Additionally, consistent with guidance from the Office of Management and Budget (OMB), OPM surveys USAJOBS users about their experiences with the site. OPM also assesses user experience through usability testing, focus groups, and analysis of data on questions submitted to the USAJOBS help desk. Through these assessments, OPM found variations in user experience across the job search and application process, including variations in how people find job announcements and how long it takes them to complete job applications. Since the agency's redesign of USAJOBS in 2016, OPM has taken a number of actions in an effort to address feedback from these assessments and improve the USAJOBS user experience. For example, in 2017, OPM created a set of categories, called Hiring Paths, that describe who is eligible to apply for specific federal jobs and guide job seekers to positions for which they are eligible. Other OPM actions taken from 2016 to 2020 include implementing a new process for logging in to the system to improve website security; updating job search filters and adding a keyword autocomplete function, which suggests search terms as a job seeker types in the search box; revising its job announcement template for hiring agencies to help eliminate duplicative language, increase clarity, and avoid jargon; adding guidance to help job seekers complete federal applications and understand federal hiring authorities; and highlighting jobs related to COVID-19 response. OPM continues to update and refine these efforts. OPM also expects to take a number of additional actions intended to help enhance the USAJOBS website. For example, according to OPM officials, in early fiscal year 2021 they expect to add a “job status” indicator for each job announcement posted on USAJOBS. The job status indicator would provide information such as the number of applicants and when the job has been filled. According to OPM, this would improve transparency and accountability and also provide applicants with updates at each stage of the hiring process. GAO provided a draft of this report to OPM for review and comment. OPM stated that it did not have comments. The USAJOBS website, which is managed by OPM, is the entry point to the federal hiring process for most agencies. It facilitates hiring of new employees as well as the movement of talent across government through merit-based promotions and transfers. OPM uses USAJOBS to help achieve the agency's mission to recruit and retain a world-class government workforce. OPM is responsible for ensuring the usability of USAJOBS and collecting feedback on the user experience. Hiring agencies are responsible for the content of job opportunity announcements. Report language accompanying the Financial Services and General Government Appropriations Bill, 2020, and the Consolidated Appropriations Act of 2020 included provisions for GAO to review the user experience on USAJOBS. This report examines (1) the extent to which OPM assesses the user experience with USAJOBS and the results of OPM's assessments; and (2) actions OPM has taken to improve the user experience with USAJOBS. GAO reviewed OPM data and documentation, interviewed OPM officials, and compared OPM's assessments of user experience to OMB guidance for federal service providers and selected guidance from Digital.gov on performance measures for federal websites. For more information, contact Michelle B. Rosenberg at (202) 512-6806 or rosenbergm@gao.gov.
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  • Urgent Warfighter Needs: Opportunities Exist to Expedite Development and Fielding of Joint Capabilities
    In U.S GAO News
    What GAO FoundA majority of the initiatives GAO reviewed (26 of 30) met, or expected to meet, the Department of Defense’s (DOD) expectation for fielding a capability in response to joint urgent operational needs within 2 years. However, performance in meeting schedule estimates varied, and more than half of the initiatives experienced schedule delays.Initiatives leveraged three types of solutions: (1) off-the-shelf products, (2) modifications of off-the-shelf items to add capabilities, and (3) products requiring technology development. Off-the-shelf solutions should be fielded the quickest because existing products are being bought. However, while off-the-shelf solutions were fielded quickly once a contract was awarded, it took longer than the two other types to identify, fund, and contract for off-the-shelf solutions. In addition to the program offices that manage traditional acquisition programs, initiatives were also managed by research laboratories and engineering centers, such as the Army Research Laboratory or the Naval Surface Warfare Center. Program offices fielded solutions faster, in part, because program offices are experienced in the full range of acquisition activities. Also, laboratories and engineering centers depended on funding provided by other organizations and delays in receiving this funding affected the start of some initiatives.Acquisition organizations employed various practices to overcome challenges affecting fielding of capabilities within short time frames. For example, although these practices could affect the prices paid, shorter times were associated with using existing contracts, awarding contracts without agreeing on contract terms (prices), or awarding contracts without competition. U.S. Central Command officials stated that they were not aware of all initiatives underway or the expected schedule for fielding capabilities and this could affect planning activities. In some cases, initiative decision memorandums were prepared that documented schedule estimates but such memorandums are not required for all initiatives. Also, some organizations were proactive in communicating with U.S. Central Command and this facilitated a clearer understanding of requirements and plans for fielding initiatives, but regular communication is not required.Why GAO Did This StudyWith the conflicts in Iraq and Afghanistan, DOD has had to accelerate efforts to field capabilities addressing urgent warfighter needs, including joint needs affecting more than one service. GAO was asked to assess (1) how quickly capabilities responding to joint urgent operational needs have been developed and fielded and (2) what key practices enabled executing organizations to overcome challenges. To do this, GAO studied a sample of joint urgent operational needs including all urgent needs over $100 million approved from April 2008 through December 2010 and a random selection of smaller urgent needs. GAO analyzed data on key events and issues in the development and fielding of solutions and met with service and DOD officials responsible for validating, assigning, and executing joint urgent needs.
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  • Overstay Tracking: A Key Component of Homeland Security and a Layered Defense
    In U.S GAO News
    Each year, millions of visitors, foreign students, and immigrants come to the United States. Foreign visitors may enter on a legal temporary basis--that is, with an authorized period of admission that expires on a specific date--either (1) with temporary visas (generally for tourism, business, or work) or, in some cases, (2) as tourists or business visitors who are allowed to enter without visas. (The latter include Canadians and qualified visitors from 27 countries who enter under the visa waiver program.) The majority of visitors who are tracked depart on time, but others overstay--and since September 11, 2001, the question has arisen as to whether overstay issues might have an impact on domestic security. In this report, we (1) describe available data on the extent of overstaying, (2) report on weaknesses in the Department of Homeland Security's long-standing overstay tracking system, and (3) provide some observations on the impact that tracking system weaknesses and significant levels of overstaying may have on domestic security.Significant numbers of foreign visitors overstay their authorized periods of admission. Based in part on its long-standing I-94 system for tracking arrivals and departures, the Department of Homeland Security (DHS) estimated the overstay population for January 2000 at 2.3 million. But this estimate (1) excludes an unknown number of long-term overstays from Mexico and Canada, and by definition (2) excludes short-term overstays from these and other countries. Because of unresolved weaknesses in DHS's long-standing tracking system (e.g., noncollection of some departure forms), there is no accurate list of overstays. Tracking system weaknesses make it difficult to monitor potentially suspicious aliens who enter the country legally--and limit immigration control options. Post-September 11 operations identified thousands of overstays and other illegal immigrant workers who (despite limited background checks) had obtained critical infrastructure jobs and security badges with access to, for example, airport tarmacs and U.S. military bases. As of April 2004, federal investigators had arrested more than 1,360 illegal workers, while the majority had eluded apprehension. Together with other improvements, better information on overstays might contribute to a layered national defense that is better able to counter threats from foreign terrorists. A more comprehensive system, US-VISIT, the U.S. Visitor and Immigrant Status Indicator Technology, is being phased in. The design and implementation of US-VISIT, however, face a number of challenges. It is important that this new program avoid specific weaknesses associated with the long-standing system. Checking for these weaknesses might help identify difficult challenges in advance and--together with other efforts--enhance USVISIT's chances for eventual success as a tracking system.
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  • Capitol Police: Applying Effective Practices to Address Recommendations Will Improve Oversight and Management
    In U.S GAO News
    What GAO Found The U.S. Capitol Police (Capitol Police) may benefit from applying practices to help implement recommendations from auditing entities, such as those from GAO and the Capitol Police Office of the Inspector General (OIG). These effective practices include the following: Provide management oversight over the prompt remediation of deficiencies and delegate authority. Federal internal control standards state that management should oversee the prompt remediation of deficiencies. This should be done by communicating the corrective actions to the appropriate personnel and delegating authority for completing these actions. Communicate regularly with auditing entities on the status of recommendations. Engagement between Capitol Police and auditing agency leaders could provide important leadership attention to help ensure actions are taken to implement recommendations. Work with Congress to address recommendations. Congress plays a key role in providing oversight and maintaining focus on recommendations from audit entities. For example, federal agencies, including the Capitol Police, are required to report on the implementation status of public recommendations. Further, agencies can also assess the need for legislation to address recommendations and report their findings to Congress. Follow key organizational transformation practices . As the Capitol Police takes steps to implement recommendations from auditing entities, the agency may benefit from following key organizational transformation practices, such as (1) setting implementation goals and a timeline, (2) dedicating an implementation team to manage the transformation process, and (3) involving employees to obtain their ideas and gain their ownership for the transformation. Coordination between the Capitol Police and its Board is critical to addressing its recommendations. The Capitol Police Board (the Board) is charged with oversight of the Capitol Police. Given the oversight role of the Board, the Capitol Police may need approval from the Board in order to take actions to address recommendations from auditing entities. GAO's 2017 work on the Board assessed whether the Board, in fulfilling its role in overseeing the Capitol Police, had developed and implemented policies that incorporate leading practices to facilitate accountability, transparency, and effective external communication. In that effort, GAO examined the Board's main governing document, its Manual of Procedures, and determined that it fully incorporated one leading practice and partially incorporated five others. Specifically, the Board's manual did develop processes for the internal functions of the Board but did not address any Board responsibilities in ensuring that any audit findings and recommendations to the Capitol Police were promptly resolved. By incorporating leading practices into its manual, the Board can ensure it is facilitating accountability, transparency, and effective external communication as it fulfills its oversight role of the Capitol Police. Why GAO Did This Study The attack on the U.S. Capitol on January 6, 2021, highlighted the critical need to identify and address deficiencies in the management and security functions of the Capitol Police. Various auditing entities have work ongoing related to the attack on the U.S. Capitol, including GAO and the Capitol Police OIG. It is important that the Capitol Police is well positioned to respond to existing and future recommendations from auditing entities. To do so, Capitol Police will also need to work closely with the Capitol Police Board, which has varied and wide-ranging oversight roles and responsibilities per statute. This statement discusses (1) effective practices for addressing recommendations from auditing agencies and (2) GAO's open recommendation to the Capitol Police Board from February 2017. To identify effective practices for addressing recommendations, GAO reviewed reports and testimonies issued from July 2003 through March 2021 that discussed the implementation of GAO recommendations, federal internal control standards, and organizational transformation. GAO also reviewed its February 2017 report on the Capitol Police Board, and used information gathered from its recommendation follow up efforts with the Capitol Police Board in 2020 and 2021.
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  • Justice Department Sues Yale University for Illegal Discrimination Practices in Undergraduate Admissions
    In Crime News
    The Justice Department today filed suit against Yale University for race and national origin discrimination. The complaint alleges that Yale discriminated against applicants to Yale College on the grounds of race and national origin, and that Yale’s discrimination imposes undue and unlawful penalties on racially-disfavored applicants, including in particular most Asian and White applicants.
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