Document issued by the Office of the Attorney General of Texas in Austin, Texas, providing an interpretation of Texas law. It provides the opinion of the Texas Attorney General, Greg Abbott, regarding a legal question submitted for clarification; Whether a federally appointed designated engineering representative must be licensed by the Board of Professionals Engineers under the Texas Engineering Act, chapter 1001, Occupations Code (RQ-1047-GA)

Document issued by the Office of the Attorney General of Texas in Austin, Texas, providing an interpretation of Texas law. It provides the opinion of the Texas Attorney General, Greg Abbott, regarding a legal question submitted for clarification; Status of unused funds of a county's crime victims' office (RQ-1049-GA)

Document issued by the Office of the Attorney General of Texas in Austin, Texas, providing an interpretation of Texas law. It provides the opinion of the Texas Attorney General, Greg Abbott, regarding a legal question submitted for clarification; Application of the Open Meetings Act, chapter 551 of the Government Code, to a coordinated county transportation authority created under chapter 460 of the Transportation Code, and to its committees (RQ-1042-GA)

Document issued by the Office of the Attorney General of Texas in Austin, Texas, providing an interpretation of Texas law. It provides the opinion of the Texas Attorney General, Greg Abbott, regarding a legal question submitted for clarification: Whether a commissioners court may execute a surface lease of county school land that contains a term obligating the lessee to make expenditures for land management and maintenance.

Document issued by the Office of the Attorney General of Texas in Austin, Texas, providing an interpretation of Texas law. It provides the opinion of the Texas Attorney General, Greg Abbott, regarding a legal question submitted for clarification: Whether a local election under section 1502.055, Government Code, is required before a municipality may sell its sewage collection system and treatment plant to a river authority: Possible conflict with chapter 30, Water Code.

Testimony issued by the Government Accountability Office with an abstract that begins "The Office of Management and Budget (OMB) and other federal agencies have taken steps to improve federal spending data available on USAspending.gov. This effort to publicly display comprehensive data arose from the federal Funding Accountability and Transparency Act of 2006, which required OMB to establish a free, publicly accessible website containing data on federal awards and subawards. OMB launched USAspending.gov in December 2007 to meet these requirements. As GAO reported in 2010, while OMB had satisfied most of the requirements associated with the act, such as establishing the site with required data elements and search capability, it had only partially satisfied the requirement to establish a pilot program to test the collection and display of subaward data and had not met the requirements to include subaward data by January 2009, or to report to Congress on the site’s usage. Also, GAO found that from a sample of 100 awards on USAspending.gov, each award had at least one data error and that USAspending.gov did not include information on grants from programs at 9 agencies for fiscal year 2008. Subsequently, OMB and agencies have taken steps to improve the site …

Testimony issued by the Government Accountability Office with an abstract that begins "Our March 2012 review found that the CMS Office of the Actuary’s (OACT) estimated cost of the demonstration exceeds $8 billion over 10 years. About $5.34 billion of this estimate is attributed to quality bonus payments more generous than those prescribed in PPACA, specifically to (1) higher bonuses for 4-star and 5-star plans, (2) new bonuses for 3-star and 3.5-star plans, (3) applying bonuses to plans’ entire benchmarks during the phase-in of PPACA’s new payment methodology, and (4) allowing plans’ benchmarks to exceed their pre-PPACA levels. Most of the remaining projected demonstration spending stems from higher MA enrollment because the bonuses enable MA plans to offer beneficiaries more benefits or lower premiums. Taken together, the expanded bonuses and higher enrollment mainly benefit average-performing plans—those receiving 3 and 3.5-star ratings. Also, while a reduction in MA payments was projected to occur as a result of PPACA’s payment reforms, OACT estimated that the demonstration would offset more than one-third of these payment reductions projected for 2012 through 2014."

Testimony issued by the Government Accountability Office with an abstract that begins "Technological developments since the Privacy Act became law in 1974 have changed the way information is organized and shared among organizations and individuals. Such advances have rendered some of the provisions of the Privacy Act and the E-Government Act of 2002 inadequate to fully protect all personally identifiable information collected, used, and maintained by the federal government. For example, GAO has reported on challenges in protecting the privacy of personal information relative to agencies’ use of Web 2.0 and data-mining technologies."

Testimony issued by the Government Accountability Office with an abstract that begins "The Department of Defense (DOD) and the North Atlantic Treaty Organization (NATO) report progress developing capable Afghan National Security Forces (ANSF), but tools used to assess the performance of ANSF units have changed several times. In April 2012, DOD reported progress increasing the number and capability of ANSF, with 7 percent of army units and 9 percent of police units rated at the highest level of capability. GAO has previously found the tools used by DOD and NATO to assess ANSF reliable enough to support broad statements regarding capability. However, issues related to these tools exist. When GAO reported on ANA capability in January 2011, the highest capability rating level was “independent”—meaning that a unit was capable of executing the full spectrum of its missions without assistance from coalition forces. As of August 2011, the highest level had changed to “independent with advisors”—meaning that a unit was capable of executing its mission and can call for coalition forces when necessary. DOD reports, these changes, as well as the elimination of certain requirements for validating units, were partly responsible for the increase in ANSF units rated at the highest …

Testimony issued by the Government Accountability Office with an abstract that begins "GAO’s preliminary results indicate that the Department of Homeland Security’s (DHS) Federal Protective Service (FPS) is not assessing risks at federal facilities in a manner consistent with standards such as the National Infrastructure Protection Plan’s (NIPP) risk management framework, as FPS originally planned. Instead of conducting risk assessments, since September 2011, FPS’s inspectors have collected information, such as the location, purpose, agency contacts, and current countermeasures (e.g., perimeter security, access controls, and closed-circuit television systems). This information notwithstanding, FPS has a backlog of federal facilities that have not been ssessed for several years. According to FPS’s data, more than 5,000 facilities were to be assessed in fiscal years 2010 through 2012. However, GAO was not able to determine the extent of FPS’s facility security assessment (FSA) backlog because the data were unreliable. Multiple agencies have expended resources to conduct risk assessments, even though they also already pay FPS for this service."

Correspondence issued by the Government Accountability Office with an abstract that begins "During our audit of the Commission’s fiscal years 2011 and 2010 financial statements, we identified the following internal control deficiencies that, collectively, constituted a significant deficiency in the Commission’s internal control over financial reporting as of September 30, 2011."

Testimony issued by the Government Accountability Office with an abstract that begins "In summary, we reported that ICE does not have a process to identify and assess risks posed by schools in SEVP. Specifically, SEVP (1) does not evaluate program data on prior and suspected instances of school fraud and noncompliance, and (2) does not obtain and assess information from CTCEU and ICE field office school investigations and outreach events. Moreover, weaknesses in ICE’s monitoring and oversight of SEVP-certified schools contribute to security and fraud vulnerabilities. For example, ICE has not consistently implemented internal control procedures for SEVP in the initial verification of evidence submitted in lieu of accreditation. In addition, ICE has not consistently followed the standard operating procedures that govern the communication and coordination process among SEVP, CTCEU, and ICE field offices. We recommended that ICE, among other things, identify and assess risks posed by schools in SEVP. Specifically, SEVP (1) does not evaluate program data on prior and suspected instances of school fraud and noncompliance, and (2) does not obtain and assess information from CTCEU and ICE field office school investigations and outreach events. Moreover, weaknesses in ICE’s monitoring and oversight of SEVP-certified schools contribute to security …

Testimony issued by the Government Accountability Office with an abstract that begins "TSA and aircraft operators have taken several important actions to enhance general aviation security, and TSA is working with aviation industry stakeholders to develop new security guidelines and regulations. Among other measures, TSA worked with members of the General Aviation Working Group of its Aviation Security Advisory Committee in 2003 and 2004 to develop recommended guidelines for general aviation airport security, and TSA expects the group to issue updated guidelines later this year. In addition, pursuant to the Aviation and Transportation Security Act, TSA established and oversees implementation of a security program in which aircraft weighing more than 12,500 pounds in scheduled or charter service that carry passengers or cargo or both, and that do not fall under another security program, must implement a “Twelve-Five” standard security program. Aircraft operators implementing a Twelve-Five security program must include, among other elements, procedures regarding bomb or air piracy threats. TSA obtains information directly from aircraft operators that fall under Twelve-Five through its review and approval of the security programs developed by these operators and through periodic inspections to determine the extent to which operators comply with their security programs. TSA …

Correspondence issued by the Government Accountability Office with an abstract that begins "To implement the 2010 National Drug Control Strategy, ONDCP obtained input from drug control stakeholders to help ensure that they shared responsibility for implementation, established a new process to determine progress made, and reported that most action items in the Strategy were on track or complete as of November 2011. ONDCP officials stated that they developed the 2010 Strategy’s seven objectives—for example, Strengthen Efforts to Prevent Drug Use in Our Communities—and 106 action items under these objectives through a consultative process with federal, state, and local drug control agencies and other stakeholders. Officials from the four agencies we spoke with as of April 2012 stated that ONDCP sought input from them to develop the Strategy and that as a result, existing agency priorities and activities are reflected in the Strategy. ONDCP officials stated that this alignment helps facilitate Strategy implementation. In August 2010, ONDCP initiated a process to track progress made on Strategy action items. As part of this process, ONDCP requested that each agency develop and submit (1) a plan for implementing each action item for which it has lead responsibility and (2) status updates on implementation …

Testimony issued by the Government Accountability Office with an abstract that begins "The threats to systems supporting critical infrastructures are evolving and growing. In testimony, the Director of National Intelligence noted a dramatic increase in cyber activity targeting U.S. computers and systems, including a more than tripling of the volume of malicious software. Varying types of threats from numerous sources can adversely affect computers, software, networks, organizations, entire industries, and the Internet itself. These include both unintentional and intentional threats, and may come in the form of targeted or untargeted attacks from criminal groups, hackers, disgruntled employees, nations, or terrorists. The interconnectivity between information systems, the Internet, and other infrastructures can amplify the impact of these threats, potentially affecting the operations of critical infrastructures, the security of sensitive information, and the flow of commerce. Moreover, the electricity grid’s reliance on IT systems and networks exposes it to potential and known cybersecurity vulnerabilities, which could be exploited by attackers. The potential impact of such attacks has been illustrated by a number of recently reported incidents and can include fraudulent activities, damage to electricity control systems, power outages, and failures in safety equipment."

Testimony issued by the Government Accountability Office with an abstract that begins "Over the last decade, working women’s access to and participation in employer-sponsored retirement plans have improved relative to men. In fact, from 1998 to 2009, women surpassed men in their likelihood of working for an employer that offered a pension plan—largely because the proportion of men covered by a plan declined. Furthermore, as employers have continued to terminate their defined benefit plans and switch to defined contribution plans, the proportion of women who worked for employers that offered a defined contribution plan increased. Women’s higher rates of pension coverage may be due to the fact that they are more likely to work in the public and nonprofit sectors and industries that offer coverage, such as health and education."

Testimony issued by the Government Accountability Office with an abstract that begins "Prior Department of Defense (DOD) civilian workforce downsizing efforts in the 1990s were not oriented toward shaping the makeup of the workforce, resulting in significant imbalances in terms of shape, skills, and retirement eligibility. Specifically, in a series of reviews GAO found that DOD’s efforts in the 1990s to reduce its federal civilian workforce to levels below that of 1987 were hampered by incomplete data and lack of a clear strategy for avoiding skill imbalances and other adverse effects of downsizing. For instance, in 1992, GAO found that DOD used incomplete and inconsistent data related to workers, workload, and projected force reductions. Further, the approaches DOD has relied on to accomplish downsizing have sometimes had unintended consequences. The use of voluntary attrition, hiring freezes, and financial separation incentives allowed DOD to mitigate some adverse effects of civilian workforce reductions, but were less oriented toward shaping the makeup of the workforce than was the approach the department used to manage its military downsizing. For DOD, this was especially true of the civilian acquisition workforce. The department, which in 2011 obligated about $375 billion to acquire goods and services, was …

Correspondence issued by the Government Accountability Office with an abstract that begins "In summary, 761 hospitals and 56,585 professionals were awarded a total of approximately $2.3 billion in Medicare EHR incentive payments for 2011. These 761 hospitals represented 16 percent of the estimated 4,855 eligible hospitals, and were awarded $1.3 billion in Medicare EHR incentive payments for 2011. While the amount of EHR incentive payments awarded to each hospital ranged from $22,300 to $4.4 million, the median payment amount was $1.7 million. About 61 percent of hospitals accounted for about 80 percent of the total amount of incentive payments awarded to hospitals. Among hospitals awarded an incentive payment for 2011, we found that"

Testimony issued by the Government Accountability Office with an abstract that begins "The termination of the six defined benefit plans the Delphi Corporation (Delphi) sponsored, and the provision of benefit protections to some Delphi employees but not others, culminated from a complex series of events involving Delphi, the General Motors Corporation (GM), various unions, the U.S. Department of the Treasury (Treasury), and the Pension Benefit Guaranty Corporation (PBGC). When Delphi spun off from GM in 1999, three unions secured an agreement that GM would provide a retirement benefit supplement (referred to as "top-ups") for their members should their pension plans be frozen or terminated and they were to suffer a resulting loss in pension benefits. These three unions were: (1) the International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America (UAW); (2) the International Union of Electronic, Electrical, Salaried, Machine and Furniture Workers, AFL-CIO (IUE); and (3) the United Steelworkers of America (USWA). No other Delphi employees had a similar agreement to receive a top-up, including salaried workers and hourly workers belonging to other unions. Over the course of events that unfolded over the next decade, the agreements with these three unions ultimately were preserved through the resolution …

Testimony issued by the Government Accountability Office with an abstract that begins "The November 2011 memorandum that discussed the management of the Chemical Facility Anti-Terrorism Standards (CFATS) program was prepared based primarily on the observations of the Director of the Department of Homeland Security’s (DHS) Infrastructure Compliance Security Division (ISCD), a component of the Office of Infrastructure Protection (IP) within the National Protection and Programs Directorate (NPPD). The memorandum was intended to highlight various challenges that have hindered ISCD efforts to implement the CFATS program. According to the Director, the challenges facing ISCD included not having a fully developed direction and plan for implementing the program, hiring staff without establishing need, and inconsistent ISCD leadership—factors that the Director believed place the CFATS program at risk. These challenges centered on human capital issues, including problems hiring, training, and managing ISCD staff; mission issues, including overcoming problems reviewing facility plans to mitigate security vulnerabilities and performing compliance inspections; and administrative issues, including concerns about NPPD and IP not supporting ISCD’s management and administrative functions."

Correspondence issued by the Government Accountability Office with an abstract that begins "In summary, BOP uses different factors in estimating the daily costs of its facilities and community corrections and incorporating certain additional factors would increase the daily cost per inmate for its facilities. Specifically, BOP estimates daily costs per inmate for its prison facilities using operational costs such as staff salaries and training, inmate food, and medical supplies, among other things, but does not include factors such as construction of new prisons, certain modernization and repair (M&R) projects, or depreciation of its existing facilities. According to BOP, these M&R projects and depreciation are incorporated into budget requests, financial statements, and a user fee BOP computes to bill states for the full costs of housing state prisoners. Adding these costs into BOP’s estimates would raise the costs from between $4.39 and $4.82 per day per inmate for the last 3 fiscal years. For community corrections, BOP estimates daily costs using the contract per diem rates paid to the private companies that operate RRCs and monitor inmates on home detention and the costs of management and oversight by BOP Community Corrections officials and subtracts out subsistence fees paid by inmates in …

Testimony issued by the Government Accountability Office with an abstract that begins "Over the past 10 years, DHS has made significant progress in deploying radiation detection equipment to scan for nuclear or radiological materials in nearly all trucks and containerized cargo coming into the United Stated through seaports and border crossings. However, challenges remain for the agency in developing a similar scanning capability for railcars entering this country from Canada and Mexico, as well as for international air cargo and international commercial aviation. As portal monitors approach the end of their expected service lives, observations from our past work may help DHS as it considers options to refurbish or replace such monitors. Among other things, we have previously reported that DHS should (1) test new equipment rigorously prior to acquisition and deployment, (2) obtain the full concurrence of the end user to ensure that new equipment meets operational needs, and (3) conduct a cost-benefit analysis to inform any acquisition decisions. In our past work on the GNDA, we recommended that DHS develop an overarching strategic plan to guide the development of the GDNA, as well as a strategic plan for the domestic part of the global nuclear detection strategy. DHS …

Correspondence issued by the Government Accountability Office with an abstract that begins "During our audit of the DIF’s 2011 and 2010 financial statements, we identified deficiencies in controls over FDIC’s process for deriving and reporting estimates of losses to the DIF from resolution transactions involving shared loss agreements. While these deficiencies, individually and collectively, did not constitute a material weakness in internal control over financial reporting, they nevertheless increased the risk of additional undetected errors or irregularities in the DIF’s financial statements. Thus, these control deficiencies collectively represented a significant deficiency in FDIC’s internal control over financial reporting for the DIF related to estimating losses from shared loss agreements."

Testimony issued by the Government Accountability Office with an abstract that begins "We found that multiple Title IV programs and tax expenditures provided substantial aid to populations across income levels. In 2009, 12.8 million students received Title IV aid, and approximately 18 million tax filers claimed a higher education tax benefit for current expenses. The number of students receiving Title IV aid increased from 10.4 million to 12.8 million, or 23 percent, from 2006 to 2009. The number of tax filers benefiting from an education tax expenditure was larger, and increased from 14.4 million to 18 million, or 25 percent, from 2006 to 2009. Recent increases in both Title IV aid and tax expenditures from 2008 to 2009 may be because of enrollment increases and legislative actions, among other factors. Title IV grants tend to benefit students and families with incomes below the national median (about $52,000 from 2006 to 2010), while loans and work-study serve these students as well as students at family incomes above the median. Most tax benefits from the tuition and fees deduction and the parental exemption for dependent students went to families with incomes above $60,000, whereas the majority of benefits from the other higher …