January 25, 2022

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Justice Department Resolves Housing Discrimination Lawsuit Against the City of Arlington, Texas

12 min read
<div>The Justice Department announced today that the City of Arlington, Texas, has agreed to pay $395,000 to resolve a lawsuit alleging that it violated the Fair Housing Act when it refused to support an affordable housing development that would have served low-income families with children. </div>
The Justice Department announced today that the City of Arlington, Texas, has agreed to pay $395,000 to resolve a lawsuit alleging that it violated the Fair Housing Act when it refused to support an affordable housing development that would have served low-income families with children. 

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    In U.S GAO News
    What GAO Found Retirement plans' investments, including those of the Thrift Savings Plan (TSP) for federal employees, could be exposed to financial risks from climate change, according to GAO's literature review and interviews with stakeholders knowledgeable about climate change and financial markets. Stakeholders said climate-related events, from natural disasters to changes in government policy, are expected to impact much of the economy and thereby investment returns (see figure). Retirement plans can assess their exposure to these risks by analyzing the potential financial performance of holdings in their portfolios under projected climate change scenarios. How Climate Change Could Impact Retirement Plan Investments GAO reviewed retirement plans in the United Kingdom, Japan, and Sweden that had taken steps to incorporate climate change risks into their plan management. Officials from these plans described using engagement—such as outreach to corporate boards—to encourage companies in which they invest to address their financial risks from climate change. Officials had taken other steps as well, such as incorporating climate change as a financial risk into their policies and practices. Officials communicate information on climate-related investment risks through public disclosures and reports. The agency that oversees TSP, the Federal Retirement Thrift Investment Board (FRTIB), has not taken steps to assess the risks to TSP's investments from climate change as part of its process for evaluating investment options. Officials told us that they use a passive investment strategy and do not focus on risks to a specific industry or company. FRTIB is required by statute to invest TSP's funds passively, however, it has previously identified and addressed investment risks. For example, in the 1990s, FRTIB reviewed its investment policies and recommended adding an international equities fund and a small- and medium-capitalization stock fund, both passively managed, to incorporate classes of assets that it determined were missing from TSP's investment mix. Stakeholders in the financial sector, including an advisory panel to a federal financial regulator, have stated that it is important to consider the investment risks from climate change. Evaluating such risks is also consistent with GAO's Disaster Resilience Framework. Taking action to understand the financial risks that climate change poses to the TSP would enhance FRTIB's risk management and help it protect the retirement savings of federal workers. Why GAO Did This Study Climate change is expected to have widespread economic impacts and pose risks to investments held by retirement plans, including the federal government's TSP. As of November 2020, TSP had 6 million active and retired federal employee participants and nearly $700 billion in assets. GAO was asked to examine how the agency that oversees TSP has addressed its exposure to such risks. This report examines (1) what is known about retirement plans' exposure to climate change-related investment risks, (2) what comparable retirement plans in other countries have done to address risks from climate change and how they communicate this information to the public, and (3) what steps FRTIB has taken to address investment risks from climate change. GAO reviewed relevant literature and interviewed representatives from investment consulting firms and other stakeholders knowledgeable about climate change and its possible financial impacts. GAO reviewed documents and interviewed officials from selected retirement plans for public- and private-sector employees in the United Kingdom, Japan, and Sweden identified as examples of plans that are addressing climate risks. GAO also reviewed TSP documents, and interviewed FRTIB officials.
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  • Internet of Things: Information on Use by Federal Agencies
    In U.S GAO News
    Many federal agencies (56 of 90) responding to GAO's survey reported using Internet of Things (IoT) technologies. Most often, agencies reported using IoT to: (1) control or monitor equipment or systems (42 of 56); (2) control access to devices or facilities (39 of 56); or (3) track physical assets (28 of 56) such as fleet vehicles or agency property. Agencies also reported using IoT devices to perform tasks such as monitoring water quality, watching the nation's borders, and controlling ships in waterway locks. Furthermore, IoT use by federal agencies may increase in the future, as many agencies reported planning to begin or expand the use of IoT. However, 13 agencies not using IoT technologies reported they did not plan to use the technologies for a range of reasons, including insufficient return on investment. Example of Government's Use of Internet of Things Technology: Environmental Protection Agency's (EPA) Water Monitoring Buoy Surveyed agencies most frequently reported increasing data collection (45 of 74), and increasing operational efficiency (43 of 74) as benefits of using IoT technologies. Increasing data collection can aid decision-making and support technology development; increased efficiencies may allow agencies to accomplish more with existing resources. According to EPA officials, sensors are able to transmit data eliminating the need for employees to visit sites to collect data. The Saint Lawrence Seaway Development Corporation reported that IoT technologies helped improve transit times through its locks. Agencies most frequently reported cybersecurity issues (43 of 74) and interoperability (30 of 74) as the most significant challenges to adopting IoT technologies. For example, the Transportation Security Administration's officials told us they could not ensure the security and privacy of passenger information and subsequently took its network-connected security equipment offline until they developed a solution. Most agencies' officials responding to GAO's survey (54 of 72), as well as officials interviewed as part of the case studies, reported using information technology (IT) policies developed by their agency, versus internal IoT-specific policies, to manage IoT technologies. Some agencies reported their IT policies were sufficient for the current challenges and risks associated with adopting IoT technologies, including cybersecurity. The Office of Management and Budget's officials stated they do not typically make policies for specific IT components but if needed would work with the National Institute of Standards and Technology and others to develop such policies. IoT generally refers to devices—from sensors in vehicles to building thermostats— that collect information, communicate it to a network, and may complete a task based on that information. Although IoT technologies may present an opportunity for the federal government to operate more efficiently and effectively, federal agencies may also face challenges in acquiring and using IoT. GAO was asked to review the federal government's experience with IoT. This report describes (1) IoT technologies selected federal agencies are using, (2) the benefits and challenges of using IoT technologies, and (3) policies and guidance selected agencies follow in using and acquiring IoT technologies. GAO surveyed 115 Chief Information Officers (CIO) and senior IT officials at federal agencies and subcomponents based on, in part, agency membership in the federal CIO Council; 90 responded. However, not all agencies replied to each question. GAO also selected the Department of Commerce, the Department of Homeland Security, EPA, and the National Aeronautics and Space Administration as case studies. GAO selected these agencies based on, among other things, their fiscal year 2020 IT budgets and examples of IoT use from literature. For each case study, GAO reviewed documents and interviewed officials from the Office of the CIO from the agency and officials from selected sub-components that use the IoT technologies. For more information, contact Andrew Von Ah at (202) 512-2834 or vonaha@gao.gov.
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  • Southwest Border: Information on Federal Agencies’ Process for Acquiring Private Land for Barriers
    In U.S GAO News
    The interagency process for acquiring private land for border barrier construction along the southwest border involves the Department of Homeland Security's U.S. Border Patrol and the Department of Defense's U.S. Army Corps of Engineers (USACE) as well as the Department of Justice. The key acquisition steps are (1) identifying the landowners affected by planned barriers, (2) contacting landowners to obtain access to their property for surveying and other due diligence activities, (3) negotiating with landowners, and (4) concluding the acquisition preferably through negotiated purchase or via condemnation. The government may acquire temporary access to or permanent ownership of property by initiating a condemnation proceeding in federal district court. In this judicial process, the government articulates the public use necessitating the acquisition and the estimated compensation for the landowner, among other things. Border Barrier Construction in South Texas GAO's analysis of USACE data shows that, as of July 2020, the federal government acquired 135 private tracts, or sections, of land and is working to acquire 991 additional tracts. The privately owned land the government acquired or is working to acquire totals about 5,275 acres or 8.2 square miles, and most of it—1,090 of 1,126 tracts—is in south Texas. The Border Patrol planned for private land acquisition in south Texas to take 21 to 30 months compared with 12 months for comparable land acquisitions in other regions. Border Patrol estimated private land acquisition in south Texas would take more time due to factors unique to south Texas, including: Barrier placement in south Texas. Additional time is needed for the government to work with landowners to ensure that they have access to and are justly compensated for any negative impact on the value of remaining property between the border barrier and the Rio Grande River, according to Border Patrol officials. Missing or incomplete land records. Border Patrol officials said that it often takes time to identify parties with interest in a tract of land due to missing or incomplete land records. In cases where the government is unable to identify interested parties, the government has to use the condemnation process to resolve title issues and acquire ownership. In January 2017, the President issued Executive Order 13767, which directed the Secretary of Homeland Security to immediately plan, design, and construct a wall or other physical barriers along the southwest border. These new barriers would add to or replace 654 miles of primary pedestrian and vehicular barriers constructed as of fiscal year 2015. Of the nearly 2,000-mile southwest border, roughly 30 percent is federal land. Private, tribal, and state-owned land constitutes the remaining 70 percent of the border. GAO was asked to review the U.S. government's efforts to acquire privately owned land along the southwest border for barrier construction. GAO's review focused on the government's acquisition of private land and did not address acquisition of federal, state, or tribal property. This report examines (1) federal agencies' process for acquiring private land identified for the construction of border barriers and (2) the status of federal acquisition of private land for the barrier construction. GAO reviewed key documents; interviewed Border Patrol, USACE, and Department of Justice officials; and interviewed stakeholder organizations and landowners. GAO also analyzed data on the status of private land acquisition and conducted a site visit to areas in south Texas. For more information, contact Rebecca Gambler at (202) 512-8777 or GamblerR@gao.gov.
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    In Crime News
    An Indiana man was sentenced Friday in federal court for making racially motivated threats to intimidate and interfere with his neighbor, who is Black, in violation of the criminal provision of the Fair Housing Act, and for unlawfully possessing firearms.
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  • Readout of Attorney General William P. Barr’s Visits to Chicago and Phoenix
    In Crime News
    This week, Attorney General William P. Barr traveled to Chicago, Illinois, and Phoenix, Arizona, to announce updates on Operation Legend and the results of Operation Crystal Shield, respectively.
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    In Crime News
    A Florida man was sentenced today to 210 months in prison for conspiracy to commit health care fraud and wire fraud.
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  • Federal Prison Industries: Actions Needed to Evaluate Program Effectiveness
    In U.S GAO News
    The First Step Act of 2018 made new, nonfederal markets and potential buyers available to Federal Prison Industries (FPI), a government corporation organized within the Bureau of Prisons (BOP); however, various challenges could limit FPI's ability to sell to customers in these markets. FPI makes apparel, personal protective equipment, and furniture, among other products. FPI may now sell to the District of Columbia government, including, for example, to its firefighters; nonfederal, governmental entities for use in correctional settings or in response to a disaster or emergency, such as local jails and first responders; and nonprofit organizations, such as universities. However, a lack of information makes it difficult to estimate the dollar value of these new markets. The following figure depicts the new markets made available to FPI. New Markets for Federal Prison Industries' Products under the First Step Act Data on the size of most of the new markets are very limited. For example, GAO found no existing national information to help estimate the size and scope of relevant spending by nonfederal entities on disaster relief and emergencies. Also, challenges related to state and local government operations, for example, could limit FPI's ability to sell products in the new markets made available under the First Step Act. Specifically, state-level prison industries and in-state vendors often have preferential access to many of the procurement markets now available to FPI. FPI and the private sector share some similar operating requirements, such as those related to keeping workers safe. They also face different requirements and business practices, such as those related to the legal framework, security, and costs. Available data indicate that buyers are generally satisfied with the delivery and quality of FPI products. GAO analyzed 231 performance reports on FPI in the federal government's database for contractor performance, as of August 2019. Customers rated FPI's performance in the delivery schedule and quality categories as exceptional, very good, or satisfactory on about 80 and 90 percent, respectively, of performance reports. There were too few ratings on cost to analyze them. FPI aims to assist inmates in their reentry into society by providing marketable job skills, but BOP has not reviewed FPI's impact on recidivism in over 2 decades. BOP relies on outdated studies that assessed the impact of FPI on inmates released in the 1980s. In January 2020, BOP cited a 1992 study as the basis for the Attorney General's designation of FPI as an Evidence-Based Recidivism Reduction Program under the First Step Act 0f 2018 . BOP made a plan to evaluate FPI but the plan's timeline passed and the BOP has not set a new one. Without an updated plan for evaluating FPI, BOP continues to rely on outdated evaluations of FPI and has limited information about FPI's effectiveness amidst changes to its inmate population Additionally, while BOP has reported some descriptive statistics on recidivism rates, it has not developed a goal. Without a timeline for evaluation and a goal for reducing recidivism, BOP's ability to assess the effectiveness of FPI will be limited. FPI is a government owned corporation that, as a national reentry program, manages, trains, and rehabilitates inmates through employment. FPI sells inmate-produced goods and services primarily to federal government agencies. The First Step Act of 2018 authorized FPI to sell its products to new markets. A provision in the First Step Act of 2018 required GAO to review various aspects of FPI. This report addresses (1) the potential size and scope of the additional markets made available to FPI under the First Step Act; (2) the similarities and differences in selected requirements and business practices of FPI and private sector sellers of products and services; (3) customers' satisfaction with FPI regarding quality, price, and timely delivery of its products and services; and (4) the extent to which BOP has evaluated the effectiveness of FPI and other vocational programs in reducing recidivism and the results. GAO examined recidivism studies and data, analyzed performance data, conducted fieldwork at four FPI facilities selected based on security level and type of products produced, met with industry associations, and interviewed agency officials and employed inmates. GAO is making two recommendations: (1) BOP should update its evaluation plan for FPI by setting a new timeline for evaluation and (2) BOP should set a goal to reduce recidivism. DOJ concurred with the recommendations. For more information, contact Gretta L. Goodwin at (202) 512-8777 or goodwing@gao.gov or William T. Woods at (202) 512-4841 or woodsw@gao.gov.
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