January 27, 2022

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Statement from Attorney General Merrick B. Garland

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<div>U.S. Attorney General Merrick B. Garland today made the following statement:</div>
U.S. Attorney General Merrick B. Garland today made the following statement:

More from: June 14, 2021

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  • South Carolina Couple Pleaded Guilty to Scheme Involving Conspiracy and False Statements to Illegally Obtain a U.S. Passport
    In Crime News
    A Huger, South Carolina couple pleaded guilty today in South Carolina before the U.S. District Judge Brucie H. Hendricks in the District of South Carolina to charges stemming from their conspiracy to obtain a U.S. passport by falsely claiming they were the biological parents of a baby born in the Philippines and by using false birth records to apply for a U.S. passport for the baby.
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  • Intelligence Community: Additional Actions Needed to Strengthen Workforce Diversity Planning and Oversight
    In U.S GAO News
    The Office of the Director of National Intelligence (ODNI) reported that the representation of some demographic groups within the Intelligence Community (IC) workforce increased from fiscal years 2011 through 2019—the latest available data. Over this period, the proportion of women, racial or ethnic minorities, and persons with disabilities changed by .7, 3.3, and 6.2 percentage points, respectively. However, the representation of women, racial or ethnic minorities, and persons with disabilities remained below comparable benchmarks and declined among higher ranks in fiscal year 2019. IC elements report taking steps to address leading practices for managing workforce diversity, but report gaps in diversity planning. GAO found that most IC elements report taking steps to address seven of nine leading practices for diversity management. For the remaining two leading practices—strategic planning and measurement—most elements report taking one or no steps. Number of Intelligence Community (IC) Elements and the Steps They Report Taking to Implement Leading Practices for Workforce Diversity Management, as of August 2020 GAO leading practices Number of IC elements that report taking steps Leadership commitment 17 of 17 IC elements report taking multiple steps Recruitment 14 of 17 IC elements report taking multiple steps, and three IC elements report taking one step Employee involvement 14 of 17 IC elements report taking multiple steps, two IC elements report taking one step, and one IC element reports taking no step Diversity training 14 of 17 IC elements report taking multiple steps, and three IC elements report taking one step Performance 12 of 17 IC elements linked diversity management with enhanced performance while five IC elements did not Succession planning 9 of 17 IC elements report taking multiple steps, and eight IC elements report taking one step Accountability 9 of 17 IC elements report taking multiple steps, seven IC elements report taking one step, and one IC element reports taking no steps Strategic planning 3 of 17 IC elements have current and complete strategic plans Measurement 6 of 17 IC elements have diversity-related performance measures Source: GAO analysis of IC element documents and GAO leading practices for diversity management. | GAO-21-83 Further, while all IC elements report having a process to identify barriers to diversity, nine IC elements report not completing required barrier assessments. Without fully implementing leading practices for managing workforce diversity and conducting routine barrier assessments, the IC may miss opportunities to develop effective and efficient diversity policies and programs. ODNI's Office of Intelligence Community Equal Employment Opportunity and Diversity (IC EEOD) is meeting seven of eight leading practices for enhancing and sustaining the coordination of diversity initiatives across the 17 IC elements. However, IC EEOD partially met the practice to reinforce agency accountability. Specifically, IC EEOD has not established IC-wide implementation objectives and timeframes to demonstrate progress. As a result, IC EEOD risks not holding IC elements accountable for enhancing workforce diversity. The 2019 National Intelligence Strategy states that the IC will recruit, develop, and retain a diverse, inclusive, and expert workforce to enable mission success. ODNI reports that the IC is taking steps to increase the representation of diverse groups, such as issuing new strategies to enhance workforce planning. However, barriers to establishing a diverse workforce exist across the IC, according to an ODNI 2017 analysis. GAO was asked to review the IC's progress in enhancing workforce diversity. This report (1) summarizes ODNI annual demographic reports on the proportion of women, racial or ethnic minorities, and persons with disabilities; and assesses the extent to which (2) IC elements report taking steps to address leading practices for managing workforce diversity and to identify potential barriers to maintaining a diverse workforce; and (3) ODNI is addressing leading practices for coordinating IC workforce diversity initiatives. GAO reviewed IC-wide and IC element specific policies and guidance; interviewed ODNI, and other IC officials; and administered a questionnaire to all 17 IC elements to obtain information on diversity strategies and challenges. GAO is making seven recommendations, including that the Director of National Intelligence issue or update guidance to ensure IC elements maintain diversity strategic plans, assess and take steps to eliminate barriers to diversity, and establish implementation objectives and timeframes to hold IC elements accountable. ODNI agreed with the recommendations. For more information, contact Brian M. Mazanec at (202) 512-5130 or mazanecb@gao.gov.
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  • [Protest of Army Contract Award for Commissary Construction]
    In U.S GAO News
    A firm protested an Army contract award for commissary design and construction, contending that the Army failed to: (1) follow the specified criteria in evaluating the awardee's proposal; and (2) maintain the integrity of the competitive bidding system, since it did not award the contract to the low, technically acceptable bidder. GAO held that the Army: (1) reasonably evaluated proposals and assigned additional points for innovative or creative design features that exceeded commercial standards; and (2) properly awarded to the higher-priced, technically superior bidder. Accordingly, the protest and claim for reimbursement for bid and protest preparation costs were denied.
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  • Information Technology: Federal Agencies Need to Take Urgent Action to Manage Supply Chain Risks
    In U.S GAO News
    Few of the 23 civilian Chief Financial Officers Act agencies had implemented seven selected foundational practices for managing information and communications technology (ICT) supply chain risks. Supply chain risk management (SCRM) is the process of identifying, assessing, and mitigating the risks associated with the global and distributed nature of ICT product and service supply chains. Many of the manufacturing inputs for these ICT products and services originate from a variety of sources throughout the world. (See figure 1.) Figure 1: Examples of Locations of Manufacturers or Suppliers of Information and Communications Technology Products and Services None of the 23 agencies fully implemented all of the SCRM practices and 14 of the 23 agencies had not implemented any of the practices. The practice with the highest rate of implementation was implemented by only six agencies. Conversely, none of the other practices were implemented by more than three agencies. Moreover, one practice had not been implemented by any of the agencies. (See figure 2.) Figure 2: Extent to Which the 23 Civilian Chief Financial Officers Act Agencies Implemented Information and Communications Technology (ICT) Supply Chain Risk Management (SCRM) Practices As a result of these weaknesses, these agencies are at a greater risk that malicious actors could exploit vulnerabilities in the ICT supply chain causing disruption to mission operations, harm to individuals, or theft of intellectual property. For example, without establishing executive oversight of SCRM activities, agencies are limited in their ability to make risk decisions across the organization about how to most effectively secure their ICT product and service supply chains. Moreover, agencies lack the ability to understand and manage risk and reduce the likelihood that adverse events will occur without reasonable visibility and traceability into supply chains. Officials from the 23 agencies cited various factors that limited their implementation of the foundational practices for managing supply chain risks. The most commonly cited factor was the lack of federal SCRM guidance. For example, several agencies reported that they were waiting for federal guidance to be issued from the Federal Acquisition Security Council—a cross-agency group responsible for providing direction and guidance to executive agencies to reduce their supply chain risks—before implementing one or more of the foundational practices. According to Office of Management and Budget (OMB) officials, the council expects to complete this effort by December 2020. While the additional direction and guidance from the council could further assist agencies with the implementation of these practices, federal agencies currently have guidance to assist with managing their ICT supply chain risks. Specifically, the National Institute of Standards and Technology (NIST) issued ICT SCRM-specific guidance in 2015 and OMB has required agencies to implement ICT SCRM since 2016. Until agencies implement all of the foundational ICT SCRM practices, they will be limited in their ability to address supply chain risks across their organizations effectively. Federal agencies rely extensively on ICT products and services (e.g., computing systems, software, and networks) to carry out their operations. However, agencies face numerous ICT supply chain risks, including threats posed by counterfeiters who may exploit vulnerabilities in the supply chain and, thus, compromise the confidentiality, integrity, or availability of an organization's systems and the information they contain. For example, in September 2019, the Department of Homeland Security's Cybersecurity and Infrastructure Security Agency reported that federal agencies faced approximately 180 different ICT supply chain-related threats. To address threats such as these, agencies must make risk-based ICT supply chain decisions about how to secure their systems. GAO was asked to conduct a review of federal agencies' ICT SCRM practices. The specific objective was to determine the extent to which federal agencies have implemented foundational ICT SCRM practices. To do so, GAO identified seven practices from NIST guidance that are foundational for an organization-wide approach to ICT SCRM and compared them to policies, procedures, and other documentation from the 23 civilian Chief Financial Officers Act agencies. This is a public version of a sensitive report that GAO issued in October 2020. Information that agencies deemed sensitive was omitted and GAO substituted numeric identifiers that were randomly assigned for the names of the agencies due to sensitivity concerns. The foundational practices comprising ICT SCRM are: establishing executive oversight of ICT activities, including designating responsibility for leading agency-wide SCRM activities; developing an agency-wide ICT SCRM strategy for providing the organizational context in which risk-based decisions will be made; establishing an approach to identify and document agency ICT supply chain(s); establishing a process to conduct agency-wide assessments of ICT supply chain risks that identify, aggregate, and prioritize ICT supply chain risks that are present across the organization; establishing a process to conduct a SCRM review of a potential supplier that may include reviews of the processes used by suppliers to design, develop, test, implement, verify, deliver, and support ICT products and services; developing organizational ICT SCRM requirements for suppliers to ensure that suppliers are adequately addressing risks associated with ICT products and services; and developing organizational procedures to detect counterfeit and compromised ICT products prior to their deployment. GAO also interviewed relevant agency officials. In the sensitive report, GAO made a total of 145 recommendations to the 23 agencies to fully implement foundational practices in their organization-wide approaches to ICT SCRM. Of the 23 agencies, 17 agreed with all of the recommendations made to them; two agencies agreed with most, but not all of the recommendations; one agency disagreed with all of the recommendations; two agencies neither agreed nor disagreed with the recommendations, but stated they would address them; and one agency had no comments. GAO continues to believe that all of the recommendations are warranted, as discussed in the sensitive report. For more information, contact Carol C. Harris at (202) 512-4456 or harrisCC@gao.gov.
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  • IT Modernization: HUD Needs to Improve Its Estimation and Oversight Practices for Single-Family Housing
    In U.S GAO News
    What GAO Found For the Federal Housing Administration (FHA) Catalyst program, the Department of Housing and Urban Development (HUD) substantially implemented leading practices for managing information technology (IT) requirements and risk management. The Catalyst program is intended to modernize the single-family housing loan life cycle and associated IT systems. Specifically, the department fully implemented two of four requirements management leading practices, and partially implemented the other two. For example, HUD established requirements and performed testing on all FHA Catalyst modules. However, the department did not document agreements among the project managers responsible for managing requirements or subject FHA Catalyst to an independent review to ensure modules were performing as expected. As a result, the FHA Catalyst program is at risk of not performing as intended or of not meeting requirements. In addition, HUD established a risk management plan, and identified and analyzed risks to FHA Catalyst. However, HUD did not develop contingency plans for the identified risks. Without established contingency plans, the department could be unprepared to handle a critical risk, should one occur. HUD developed cost and schedule estimates for the FHA Catalyst program that exhibited significant weaknesses in addressing leading practices for cost and schedule estimation and, therefore, were unreliable. According to GAO's Cost Estimating and Assessment Guide, the characteristics of a high-quality, reliable cost estimate are that it is comprehensive, well-documented, accurate, and credible. The FHA Catalyst cost estimate was unreliable because it partially addressed the “comprehensive” characteristic, minimally addressed the “well-documented” and “accurate” characteristics, and did not address the “credible” characteristic. For example, although the estimate included life-cycle costs, it did not include the cost of full-time government employees and infrastructure. Without a reliable cost estimate, the department faces an increased risk that the program will cost more than the planned $91.9 million. GAO's Schedule Assessment Guide states that a sound schedule estimate is comprehensive, well-constructed, credible, and controlled. The FHA Catalyst schedule was unreliable because it partially addressed the comprehensive, credible, and controlled characteristics, and did not address the well-constructed characteristic found in the guide. The absence of a reliable schedule estimate raises increased doubt that HUD will be able to complete the modernization by December 2023 as planned. Although HUD took early action to establish FHA Catalyst oversight and partially implemented four related categories of leading practices, gaps exist in the established processes to oversee the program. These gaps include a lack of fully defined roles and responsibilities, and the absence of measures to assess performance. Accordingly, HUD lacks assurance that oversight will be performed and that decision makers have the information needed to monitor the program. Why GAO Did This Study For many years, HUD has insured a portfolio of single-family mortgages worth over $1 trillion, relying on an outdated IT infrastructure and manual processes. HUD has made several unsuccessful attempts to modernize IT in the past, leaving it dependent on legacy systems. In April 2019, FHA and HUD's Office of the Chief Information Officer (OCIO), initiated FHA Catalyst. GAO was requested to review HUD's single-family housing modernization program. This report examines (1) the extent to which HUD has implemented leading practices for managing requirements and identifying and mitigating risks for FHA Catalyst, (2) the reliability of the program's estimated costs and schedule, and (3) the extent to which HUD has established effective oversight for the program. GAO compared FHA Catalyst documentation on requirements, risk, cost, schedule, and oversight to leading practices identified in the Capability Maturity Model Integration, and GAO's guides on cost, schedule, and investment management. GAO also interviewed FHA and OCIO officials.
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  • Nine Individuals Charged in Superseding Indictment with Conspiring to Act as Illegal Agents of the People’s Republic of China
    In Crime News
    A federal grand jury in New York filed an indictment today charging nine defendants with acting and conspiring to act in the United States as illegal agents of the People’s Republic of China (PRC) without prior notification to the Attorney General, and engaging and conspiring to engage in interstate and international stalking.
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  • Physician Indicted in $6 Million Medicare Fraud Scheme
    In Crime News
    A California woman was arrested Thursday in Los Angeles on criminal health care fraud charges arising from her false home health certifications and related fraudulent billings to Medicare.
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  • Four Members of Los Angeles-Based Fraud Ring Indicted for COVID-Relief Fraud
    In Crime News
    Four individuals were charged in an indictment for their alleged participation in a scheme to submit at least 35 fraudulent loan applications seeking over $5.6 million in COVID-19 relief guaranteed by the Small Business Administration (SBA) through the Economic Injury Disaster Loan (EIDL) and the Paycheck Protection Program (PPP) under the Coronavirus Aid, Relief and Economic Security (CARES) Act.
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