Reports & Testimonies

  • GAO’s recommendations database contains report recommendations that still need to be addressed.

    GAO’s recommendations help congressional and agency leaders prepare for appropriations and oversight activities, as well as help improve government operations. Recommendations remain open until they are designated as Closed-implemented or Closed-not implemented. You can explore open recommendations by searching or browsing.

    GAO's priority recommendations are those that we believe warrant priority attention. We sent letters to the heads of key departments and agencies, urging them to continue focusing on these issues. These recommendations are labeled as such. You can find priority recommendations by searching or browsing our open recommendations below, or through our mobile app.

  • Browse Open Recommendations

    Explore priority recommendations by subject terms or browse by federal agency

    Search Open Recommendations

    Search for a specific priority recommendation by word or phrase



  • Governing on the go?

    Our Priorities for Policy Makers app makes it easier for leaders to search our recommendations on the go.

    See the November 10th Press Release


  • Have a Question about a Recommendation?

    • For questions about a specific recommendation, contact the person or office listed with the recommendation.
    • For general information about recommendations, contact GAO's Audit Policy and Quality Assurance office at (202) 512-6100 or apqa@gao.gov.
  • « Back to Results List Sort by   

    Results:

    Federal Agency: "Congress"

    121 publications with a total of 156 open recommendations
    Director: David A. Powner
    Phone: (202) 512-9286

    1 open recommendations
    Recommendation: As most agencies lack plans to meet OMB's data center optimization targets by the end of fiscal year 2018, it is increasingly likely that these agencies will require additional time to achieve the data center consolidation and optimization goals required by FITARA and OMB guidance. In order to provide agencies with additional time to meet OMB's data center optimization targets and achieve the related cost savings, Congress should consider extending the time frame for the data center consolidation and optimization provisions of FITARA beyond their current expiration date of October 1, 2018.

    Agency: Congress
    Status: Open

    Comments: When we determine what steps the Congress has taken, we will provide updated information.
    Director: Steve Morris
    Phone: (202) 512-3841

    1 open recommendations
    Recommendation: To reduce the cost of delivering the crop insurance program, Congress should consider repealing the 2014 farm bill requirement that any revision to the standard reinsurance agreement not reduce insurance companies' expected underwriting gains, and directing the Risk Management Agency to, during the next renegotiation of the agreement, (1) adjust the participating insurance companies' target rate of return to reflect market conditions and (2) assess the portion of premiums that participating insurance companies retain and, if warranted, adjust it.

    Agency: Congress
    Status: Open

    Comments: When we determine what steps the Congress has taken, we will provide updated information.
    Director: David C. Trimble
    Phone: (202) 512-3841

    1 open recommendations
    Recommendation: To enhance DOE's ability to make risk-based decisions for the treatment of Hanford supplemental LAW, Congress should consider clarifying, in a manner that does not impair the regulatory authorities of EPA and the state of Washington, DOE's authority at Hanford to determine, in consultation with NRC, whether portions of the supplemental LAW can be managed as a waste type other than high-level waste.

    Agency: Congress
    Status: Open

    Comments: According to staff with the reports' addressees, Congress is considering whether to implement this Matter.
    Director: Alicia Puente Cackley
    Phone: (202) 512-8678

    1 open recommendations
    Recommendation: As Congress considers reauthorizing NFIP, it should consider comprehensive reform to improve the program's solvency and enhance the nation's resilience to flood risk, which could include actions in six areas: (1) addressing the current debt, (2) removing existing legislative barriers to FEMA's revising premium rates to reflect the full risk of loss, (3) addressing affordability, (4) increasing consumer participation, (5) removing barriers to private-sector involvement, and (6) protecting NFIP flood resilience efforts. In implementing these reforms, Congress should consider the sequence of the actions and their interaction with each other.

    Agency: Congress
    Status: Open

    Comments: When we determine what steps the Congress has taken, we will provide updated information.
    Director: Lawrance Evans
    Phone: (202) 512-8678

    1 open recommendations
    Recommendation: In the event that Congress again requires an agency to provide affected individuals with identity theft insurance in response to a breach of sensitive personal data, Congress should consider permitting the agency to determine the appropriate level of that insurance.

    Agency: Congress
    Status: Open

    Comments: When we determine what steps the Congress has taken, we will provide updated information.
    Director: Allison Bawden
    Phone: (202) 512-7215

    1 open recommendations
    Recommendation: To preserve the balance between the importance of repaying federal student loan debt and protecting a minimum level of Social Security benefits put in place by the Debt Collection Improvement Act of 1996, Congress should consider modifying Social Security administrative offset provisions, such as by authorizing the Department of the Treasury to annually index the amount of Social Security benefits exempted from administrative offset to reflect changes in the cost of living over time.

    Agency: Congress
    Status: Open

    Comments: As of August 2017, Congress has not yet taken action on this matter.
    Director: Zina Merritt
    Phone: (202) 512-5257

    1 open recommendations
    Recommendation: To increase the transparency of future Biennial Core Reports, Congress should consider amending 10 USC 2464 to require DOD to include information such as (1) workload shortfalls at lower-level categories; (2) executed workload in similar categories that could be used to mitigate shortfalls; (3) progress on implementing mitigation plans; (4) data reported at the first-level category of the work breakdown structure, except for when shortfalls are identified; (5) explanations for first-level categories (i.e., Special Interest Items and Other) of the work breakdown structure; and (6) whether the core requirements reported in the previous Biennial Core Report have been executed.

    Agency: Congress
    Status: Open

    Comments: When we determine what steps the Congress has taken, we will provide updated information.
    Director: Lawrance L. Evans, Jr.
    Phone: (202) 512-8678

    1 open recommendations
    Recommendation: To reduce uncertainty and provide FHFA sufficient direction for carrying out its responsibilities as conservator of the enterprises, Congress should consider legislation that establishes objectives for the future federal role in housing finance, including the structure of the enterprises, and a transition plan to a reformed housing finance system that enables the enterprises to exit conservatorship.

    Agency: Congress
    Status: Open

    Comments: As of April 13, 2017, Congress has not taken action on this matter. In its 2017 Oversight Plan, the House Financial Services Committee stated that "the Committee will examine proposals affecting the operations of Fannie Mae and Freddie Mac, including consolidating their business operations, winding down their legacy business commitments, and repealing their statutory charters."
    Director: Michael J. Sullivan
    Phone: (202) 512-4841

    1 open recommendations
    Recommendation: To enhance program oversight and provide more robust input to budget deliberations, Congress should consider requiring DOD to report on each major acquisition program's systems engineering status in the department's annual budget request, beginning with the budget requesting funds to start development. The information could be presented on a simple timeline--as done for the case studies in this report--and at a minimum should reflect the status of a program's functional and allocated baselines as contained in the most current version of the program's systems engineering plan.

    Agency: Congress
    Status: Open

    Comments: Congress has not yet taken action on the matter for consideration. GAO will continue to monitor.
    Director: Charles Jeszeck
    Phone: (202) 512-7215

    4 open recommendations
    Recommendation: To help increase plan participation and individuals' retirement savings, Congress should consider updating ERISA's 401(k) plan eligibility provisions to extend plan eligibility to otherwise eligible workers at an age earlier than 21.

    Agency: Congress
    Status: Open

    Comments: As of August 2017, Congress has not yet taken action on this matter.
    Recommendation: To help increase plan participation and individuals' retirement savings, Congress should consider updating ERISA's 401(k) plan eligibility provisions to amend the definition of "year of service," given the prevalence of part-time workers in today's workforce.

    Agency: Congress
    Status: Open

    Comments: When we obtain information on actions taken by the Congress, we will a update.
    Recommendation: Congress should consider whether ERISA's provisions related to the timing of employer matching contributions need to be adjusted to reflect today's mobile workforce and workplace plans, which are predominantly 401(k) plans offering matching employer contributions.

    Agency: Congress
    Status: Open

    Comments: When we obtain information on actions taken by the Congress, we will a update.
    Recommendation: Congress should consider whether ERISA's provisions related to last day policies need to be adjusted to reflect today's mobile workforce and workplace plans, which are predominantly 401(k) plans offering matching employer contributions.

    Agency: Congress
    Status: Open

    Comments: When we obtain information on actions taken by the Congress, we will a update.
    Director: Beryl H. Davis
    Phone: (202) 512-2623

    1 open recommendations
    Recommendation: To provide agencies access to SSA's more complete set of death data, Congress should consider amending the Social Security Act to explicitly allow SSA to share its full death file with Treasury for use through the DNP working system.

    Agency: Congress
    Status: Open

    Comments: When we confirm what actions have been taken we will update. As of August 3, 2017, no updated information has been provided.
    Director: Valerie Melvin
    Phone: (202) 512-6304

    2 open recommendations
    Recommendation: To provide greater transparency in the reporting of FOIA litigation costs, Congress could consider requiring Justice to provide a cost estimate for collecting and reporting information on costs incurred when defending lawsuits in which the plaintiffs prevailed.

    Agency: Congress
    Status: Open

    Comments: Congress has not yet considered if it plans to amend FOIA regarding the reporting of costs for defending lawsuits in which the plaintiffs prevailed.
    Recommendation: Congress could consider amending the act to require Justice to reflect in its Litigation and Compliance reports, changes in the award of attorneys' fees and costs resulting from the appeals process and settlement agreements between agencies and plaintiffs, if deemed to be cost-effective.

    Agency: Congress
    Status: Open

    Comments: Congress has not yet considered if it plans to amend FOIA to require Justice to make changes to its Litigation and Compliance reports.
    Director: Michele Mackin
    Phone: (202) 512-4841

    1 open recommendations
    Recommendation: To ensure a more accurate estimate of the expected cost savings under the fiscal year 2013-2017 multiyear procurement, Congress should consider requiring the Navy to update its estimate of savings, which currently reflects only Flight IIA ships, to increase transparency for costs and savings for Congress and the taxpayers, as well as provide improved information to support future multiyear procurement savings estimates.

    Agency: Congress
    Status: Open

    Comments: To ensure a more accurate estimate of the expected cost savings under the fiscal year 2013-2017 multiyear procurement, we asked Congress to consider requiring the Navy to update its estimate of savings, which currently reflects only Flight IIA ships, to increase transparency for costs and savings for Congress and the taxpayers, as well as provide improved information to support future multi-year procurement savings estimates. Neither the Senate nor House National Defense Authorization Act (NDAA) reports for fiscal year 2018 direct the Navy to update its savings and both reports include language authorizing the Navy to pursue a DDG 51 Flight III multi-year procurement contract for fiscal years 2018-2022. We will continue to monitor the status of this matter at least until the NDAA for fiscal year 2018 is enacted, at which time we will close the matter as not implemented if the multi-year procurement is authorized and no savings update requirement is included.
    Director: Cosgrove, James C
    Phone: (202) 512-7114

    1 open recommendations
    Recommendation: To determine the suitability of Medicare's Part B drug payment rate methodology for drugs with coupon programs, Congress should consider (1) granting CMS the authority to collect data from drug manufacturers on coupon discounts for Part B drugs paid based on ASP, and (2) requiring the agency to periodically collect these data and report on the implications that coupon programs may have for this methodology.

    Agency: Congress
    Status: Open

    Comments: When we determine what steps the Congress has taken, we will provide updated information.
    Director: James Cosgrove
    Phone: (202) 512-7114

    1 open recommendations
    Recommendation: To help the Department of Health and Human Services ensure accuracy in Part B drug payment rates, Congress should consider requiring all manufacturers of Part B drugs paid at ASP, not only those with Medicaid drug rebate agreements, to submit sales price data to CMS, and ensure that CMS has authority to request source documentation to periodically validate all such data.

    Agency: Congress
    Status: Open

    Comments: As of August 2017, no action has been taken on this Matter for Congressional Consideration.
    Director: Lawrance L. Evans Jr.,
    Phone: (202) 512-8678

    1 open recommendations
    Recommendation: To ensure that FHFA has adequate authority to ensure the safety and soundness of the enterprises and to clarify its supervisory role, Congress should consider granting FHFA explicit authority to examine third parties that do business with and play a critical role in the operations of the enterprises.

    Agency: Congress
    Status: Open

    Comments: As of April 2017, Congress has not taken any action on this matter.
    Director: Garcia-diaz, Daniel
    Phone: (202) 512-4529

    1 open recommendations
    Recommendation: To better ensure that taxpayer funds are being used effectively, Congress should consider permanently rescinding any Treasury-deobligated excess MHA balances that Treasury does not move into the Hardest Hit Fund.

    Agency: Congress
    Status: Open

    Comments: Congress has not taken any action since Treasury has not deobligated MHA program funds beyond the $2 billion that it transferred to the TARP-funded Hardest Hit Fund.
    Director: Lawrance Evans, Jr.
    Phone: (202) 512-8678

    2 open recommendations
    Recommendation: Congress should consider whether additional changes to the financial regulatory structure are needed to reduce or better manage fragmentation and overlap in the oversight of financial institutions and activities to improve (1) the efficiency and effectiveness of oversight; (2) the consistency of consumer and investor protections; and (3) the consistency of financial oversight for similar institutions, products, risks, and services. For example, Congress could consider consolidating the number of federal agencies involved in overseeing the safety and soundness of depository institutions, combining the entities involved in overseeing the securities and derivatives markets, transferring the remaining prudential regulators' consumer protection authorities over large depository institutions to the Consumer Financial Protection Bureau, and the optimal role for the federal government in insurance regulation, among other considerations.

    Agency: Congress
    Status: Open

    Comments: One bill has been introduced in the 115th Congress that would change the financial regulatory structure to address fragmented and overlapping regulatory authorities among agencies, as GAO suggested in February 2016. H.R. 594 was introduced on January 20, 2017, and calls for the functions of the Commodity Futures Trading Commission and the Securities and Exchange Commission to be combined in a single independent regulatory commission. Such an action could help to address fragmentation and overlap between the two agencies, and reduce opportunities for inefficiencies in the regulatory process and inconsistencies in how regulators conduct oversight activities over similar types of institutions, products, and risks.
    Recommendation: Congress should consider whether legislative changes are necessary to align FSOC's authorities with its mission to respond to systemic risks. Congress could do so by making changes to FSOC's mission, its authorities, or both, or to the missions and authorities of one or more of the FSOC member agencies to support a stronger link between the responsibility and capacity to respond to systemic risks. In doing so, Congress could solicit information from FSOC on the effective scope of its collective designation authorities, including any gaps.

    Agency: Congress
    Status: Open

    Comments: No legislative action identified. As of March 1, 2017, no legislation had been introduced that would align FSOC's authorities with its mission to respond to systemic risks, as GAO suggested in February 2016. Without such legislative changes, FSOC may lack the tools it needs to comprehensively address systemic risks that may emerge, and a gap will continue to exist in the post Dodd-Frank Wall Street Reform and Consumer Protection Act mechanisms for the mitigation of systemic risks.
    Director: Timothy J. DiNapoli
    Phone: (202) 512-4841

    1 open recommendations
    Recommendation: Given that the intent of section 235 of Title 10 United States Code was to provide both DOD and Congress with increased oversight of the procurement of services, Congress should consider revising the section to require that DOD report on its projected spending beyond the budget year and consistent with the time period covered by the future year defense program.

    Agency: Congress
    Status: Open

    Comments: Congress has not revised section 235 of Title 10 United States Code. GAO will continue to monitor this matter for Congressional consideration.
    Director: James Cosgrove
    Phone: (202) 512-7114

    1 open recommendations
    Recommendation: In order to prevent the shift of services from physician offices to HOPDs from increasing costs for the Medicare program and beneficiaries, Congress should consider directing the Secretary of HHS to equalize payment rates between settings for E/M office visits--and other services that the Secretary deems appropriate--and to return the associated savings to the Medicare program.

    Agency: Congress
    Status: Open

    Comments: When we determine what steps the Congress has taken, we will provide updated information.
    Director: Michele Mackin
    Phone: (202) 512-4841

    1 open recommendations
    Recommendation: To ensure that the Navy has provided a clear direction for the future of the program before committing funding to construct additional ships, Congress should consider, given the uncertainties over the long term about the ship's survivability and lethality and proposed changes to future ships, consider not fully funding the Navy's request for future LCS ships beyond fiscal year 2016, pending the completion and analysis of the final survivability assessments for both variants due in 2018.

    Agency: Congress
    Status: Open

    Comments: Although Congress did not take action on this Matter for Congressional Consideration in the fiscal year 2017 NDAA, we will continue to monitor this matter to see if Congress implements future restrictions prior to the final survivability assessments being completed. The Navy's final survivability assessment report is planned for fiscal year 2018, with DOT&E's assessment to follow.
    Director: James R. McTigue, Jr.
    Phone: (202) 512-9110

    1 open recommendations
    Recommendation: To improve taxpayer service amid declining budgets and increased responsibilities, Congress should consider requiring the Secretary of the Treasury to develop a comprehensive customer service strategy in consultation with the Commissioner of Internal Revenue that (1) determines appropriate telephone and correspondence levels of service, based on service provided by the best in business and customer expectations; and (2) thoroughly assesses which services IRS can shift to self-service options.

    Agency: Congress
    Status: Open

    Comments: As of March 2017, no legislative action had been taken.
    Director: James R. McTigue, Jr.
    Phone: (202) 512-9110

    1 open recommendations
    Recommendation: To further encourage whistleblowers to provide information to IRS about serious tax noncompliance and to protect whistleblowers, Congress should consider legislation that would provide protections for tax whistleblowers against retaliation from their employers.

    Agency: Congress
    Status: Open

    Comments: On March 29, 2017, the Senate Finance Committee introduced the IRS Whistleblower Improvements Act of 2017, which would provide anti-retaliation protections for whistleblowers who bring information on tax noncompliance to IRS. The act would provide protections for employees from discharge, demotion, suspension, threats, harassment, or any other discrimination in reprisal for lawful actions to provide information to the IRS or to participate in a judicial action taken by the IRS relating to an alleged underpayment of tax or violation of tax laws. On April 20, 2016, the Senate Finance Committee approved provisions to improve the IRS's whistleblower program and protect tax whistleblowers from retaliation from their employers. The provision extends anti-retaliation provisions to IRS whistleblowers that are presently afforded to whistleblowers under the False Claims Act and Sarbanes-Oxley. However, no action passed on this Senate bill in the 114th congress. We will continue to monitor legislative action in this area.
    Director: Jacqueline M. Nowicki
    Phone: (617) 788-0580

    1 open recommendations
    Recommendation: To help districts address key challenges in meeting MOE and mitigate unintended consequences that may affect services for students with disabilities, while preserving the safeguard for funding for students with disabilities, Congress should consider options for a more flexible MOE requirement. This could include adopting a less stringent MOE requirement to align with the MOE requirements in other education programs or adding to or modifying exceptions. For example, current exceptions could be changed to allow one-time increases in spending without changing a district's MOE baseline in order to encourage pilot innovations or to allow certain spending decreases (e.g., state caps on teacher benefits), as long as a district can demonstrate the decrease does not negatively affect services.

    Agency: Congress
    Status: Open

    Comments: Congress has not taken legislative action on this issue.
    Director: Lori Rectanus
    Phone: (202) 512-2834

    1 open recommendations
    Recommendation: To assist in determining whether to require USPS and PRC to report on delivery performance for rural and non-rural areas, Congress should direct USPS to provide cost estimates related to providing this information.

    Agency: Congress
    Status: Open

    Comments: As of May 2017, Congress has not taken any action to direct USPS to provide cost estimates related to reporting on delivery performance for rural and non-rural areas
    Director: Beryl H. Davis
    Phone: (202) 512-2623

    1 open recommendations
    Recommendation: Congress should consider the options for sustaining the Oil Spill Liability Trust Fund as well as the optimal level of funding to be maintained in the Fund, in light of the expiration of the Fund's per-barrel tax funding source in 2017.

    Agency: Congress
    Status: Open

    Comments: We will continue to monitor the funding status.
    Director: Seto Bagdoyan
    Phone: (202) 512-6722

    1 open recommendations
    Recommendation: To help preserve a proven resource supporting the oversight community's analytic capabilities, Congress may wish to consider directing CIGIE to develop a legislative proposal to reconstitute the essential capabilities of the ROC to help ensure federal spending accountability. The proposal should identify a range of options at varying scales for the cost of analytic tools, personnel, and necessary funding, as well as any additional authority CIGIE may need to ensure such enduring, robust analytical and investigative capability for the oversight community.

    Agency: Congress
    Status: Open

    Comments: When we determine what steps Congress has taken, we will provide updated information.
    Director: Charles A. Jeszeck
    Phone: (202) 512-7215

    1 open recommendations
    Recommendation: To address the legal uncertainty stemming from ERISA preemption of state laws while maintaining the advantages of ERISA for both employers and workers, Congress should consider providing states limited flexibility to pursue efforts to increase coverage under workplace retirement savings programs. To do this, Congress could, for example, direct or authorize the Secretary of Labor, in consultation with the Secretary of the Treasury, to (1) promulgate regulations prescribing a limited safe harbor under which state workplace retirement savings programs with sufficient safeguards would not be preempted and would receive tax treatment comparable to that provided to private sector workplace retirement savings programs, or (2) create a pilot program under which DOL could select a limited number of states to establish workplace retirement savings programs subject to DOL and Treasury oversight. In either case, any such initiative should ensure that state programs include adequate participant protections and are subject to agency oversight, appropriate reporting requirements, and meaningful evaluation.

    Agency: Congress
    Status: Open

    Comments: No action taken to date.
    Director: Thomas Melito
    Phone: (202) 512-9601

    1 open recommendations
    Recommendation: While recognizing that cargo preference serves policy goals established by Congress with respect to the U.S. merchant marine, including maintenance of a fleet capable of serving as a naval and military auxiliary in time of war or national emergency, Congress should consider clarifying cargo preference legislation regarding the definition of "geographic area" to ensure that agencies can fully utilize the flexibility Congress granted to them when it lowered the CPFA requirement.

    Agency: Congress
    Status: Open

    Comments: We did not receive comments on the Matter for Congressional Consideration. As of March 2017, no legislation had been introduced to clarify the definition of 'geographic area' with regard to cargo preference laws.
    Director: Fleming, Susan A
    Phone: (202) 512-2834

    1 open recommendations
    Recommendation: Congress may wish to consider directing DOT to study and provide a report to Congress identifying approaches for extracting, storing, and analyzing electronically collected motor carrier drivers' schedule data, including the potential benefits, privacy, and cost concerns, and options for how such concerns could be mitigated.

    Agency: Congress
    Status: Open

    Comments: When we confirm what actions Congress has taken in response to this matter for consideration, we will provide updated information.
    Director: Daniel Garcia-Diaz
    Phone: (202) 512-8678

    1 open recommendations
    Recommendation: To better align program goals with agency missions and improve program administration and oversight, Congress should consider designating the Department of Housing and Urban Development as a joint administrator of the program responsible for oversight. As part of the deliberation, Congress also should direct HUD to estimate the costs to monitor and perform the additional oversight responsibilities, including a discussion of funding options.

    Agency: Congress
    Status: Open

    Comments: As of July 2017, Congress had not enacted legislation to give HUD an oversight role for LIHTC.
    Director: Irving, Susan J
    Phone: (202) 512-6806

    2 open recommendations
    Recommendation: To avoid serious disruptions to the Treasury market and to help inform the fiscal policy debate in a timely way, Congress should consider alternative approaches that better link decisions about the debt limit with decisions about spending and revenue at the time those decisions are made such as those described in this report.

    Agency: Congress
    Status: Open

    Comments: The Bipartisan Budget Act of 2015 temporarily suspended the debt limit until March 15, 2017. This allowed the Treasury to continue to borrow to meet the funding needs of the federal government but did not explicitly link decisions about the debt limit to legislation that is expected to increase borrowing needs or debate over specific tax or spending proposal and their effect on debt. We will continue to monitor legislation enacting future debt limit increases to see if it addresses our matter for congressional consideration. As of August 2017 no relevant legislation has been enacted.
    Recommendation: However, if Congress chooses to continue to temporarily suspend the debt limit, it should consider providing Treasury with more flexibility in the level of Treasury's operating cash so that it is based not on the level that it was just prior to a suspension period, but on the federal government's immediate borrowing needs. This would minimize some of the disruptions to Treasury's normal cash management and debt issuance.

    Agency: Congress
    Status: Open

    Comments: The Bipartisan Budget Act of 2015 temporarily suspended the debt limit until March 15, 2017, but did not provide Treasury with more flexibility in the level of Treasury's operating cash at the end of the suspension period. As result, absent future action, Treasury is expected to reduced its cash balance to approximately the level it was at on the date the suspension was enacted as it has following previous debt limit suspensions, regardless of cyclical or other cash management needs. We will continue to monitor legislation enacting future debt limit increases to see if it addresses our matter for congressional consideration. As of August 2017, no relevant legislation has been enacted.
    Director: Lawrance Evans
    Phone: (202) 512-8678

    1 open recommendations
    Recommendation: To ensure that NCUA has adequate authority to determine the safety and soundness of credit unions, Congress should consider modifying the Federal Credit Union Act to grant NCUA authority to examine technology service providers of credit unions.

    Agency: Congress
    Status: Open

    Comments: In July 2015, we suggested that Congress modify the Federal Credit Union Act to grant NCUA authority to examine technology service providers of credit unions. As of October 2016, Congress had not granted NCUA such authority.
    Director: James Cosgrove
    Phone: (202) 512-7114

    1 open recommendations
    Recommendation: To help ensure the financial sustainability of the Medicare program, protect beneficiaries from unwarranted financial burden, and address potential concerns about the appropriateness of the health care provided to Part B beneficiaries, Congress should consider eliminating the incentive to prescribe more drugs or more expensive drugs than necessary to treat Medicare Part B beneficiaries at 340B hospitals.

    Agency: Congress
    Status: Open

    Comments: As of February 2017, no action had been taken on this Matter for Congressional Consideration.
    Director: Frank Rusco
    Phone: (202) 512-3841

    2 open recommendations
    Recommendation: If Congress wishes to evaluate the effectiveness of the ITC and the PTC as incentives for the development of renewable utility-scale electricity generation projects as it considers proposals to extend the ITC or reauthorize the PTC, it should consider directing the Commissioner of Internal Revenue to provide Congress with project-level data currently collected from taxpayers who claim the ITC in lieu of the PTC--such as the number of projects for which they are claiming the credit, the technology of the projects taking the credit, and the total generating capacity added--and make such data available for analysis. Additionally, take steps to collect and report the same data from all taxpayers claiming the ITC.

    Agency: Congress
    Status: Open

    Comments: Congress has not taken action on this matter.
    Recommendation: If Congress wishes to evaluate the effectiveness of the ITC and the PTC as incentives for the development of renewable utility-scale electricity generation projects as it considers proposals to extend the ITC or reauthorize the PTC, it should consider directing the Commissioner of Internal Revenue to take steps to collect project-level data from taxpayers claiming the PTC--such as the number of projects for which they are claiming the credit, the technology of the projects taking the credit, and the total generating capacity--and make these data available for analysis.

    Agency: Congress
    Status: Open

    Comments: Congress has not taken action on this matter.
    Director: Anne-Marie Fennell
    Phone: (202) 512-3841

    3 open recommendations
    Recommendation: To better leverage the commissioners' expertise in the development of the annual work plan, Congress should consider amending the Denali Commission Act, potentially with one of the identified options.

    Agency: Congress
    Status: Open

    Comments: On December 10, 2016, Congress passed the Water Infrastructure Improvements for the Nation Act, or WIIN Act. As of December 14, 2016, the legislation had not yet been signed by the President. Section 5002 of the legislation included provisions related to the Denali Commission. If the legislation becomes law we will review it in more detail to see if it addresses this matter for congressional consideration.
    Recommendation: To address barriers to the operation of the Commission, Congress should consider amending the Denali Commission Act to include either a holdover or delegation of authority provision when the Federal Cochair position is vacant.

    Agency: Congress
    Status: Open

    Comments: On December 10, 2016, Congress passed the Water Infrastructure Improvements for the Nation Act, or WIIN Act. As of December 14, 2016, the legislation had not yet been signed by the President. Section 5002 of the legislation included provisions related to the Denali Commission. If the legislation becomes law we will review it in more detail to see if it addresses this matter for congressional consideration.
    Recommendation: To allow for greater flexibility in the Commission's operations, Congress should consider amending the Denali Commission Act to modify or end the 5 percent cap on administrative expenditures.

    Agency: Congress
    Status: Open

    Comments: As of December 14, 2016, no legislation had been enacted to address this issue.
    Director: Anne-Marie Fennell
    Phone: (202) 512-3841

    1 open recommendations
    Recommendation: To reduce the cost of the crop insurance program and achieve budgetary savings for deficit reduction or other purposes, Congress should consider reducing premium subsidies for the highest income participants.

    Agency: Congress
    Status: Open

    Comments: As of July 2017, we await Congressional action.
    Director: James Cosgrove
    Phone: (202) 512-7114

    1 open recommendations
    Recommendation: To help the Department of Health and Human Services better control spending and encourage efficient delivery of care, Congress should consider requiring Medicare to pay PCHs as it pays PPS teaching hospitals, or provide the Secretary with the authority to otherwise modify how Medicare pays PCHs. To generate cost savings from any reduction in outpatient payments to PCHs, Congress should also provide that all forgone outpatient payment adjustment amounts be returned to the Supplementary Medical Insurance Trust Fund.

    Agency: Congress
    Status: Open

    Comments: The 21st Century Cures Act enacted in December 2016 slightly reduces the additional payments to PCHs for outpatient services furnished on or after January 1, 2018, and returns savings to the Supplementary Medical Insurance Trust Fund. However, the law does not substantively change how PCHs are paid for outpatient services, which differs from how Medicare pays PPS teaching hospitals. In addition, as of March 1, 2017, no legislative action had been identified that changes how PCHs are paid for inpatient services, as GAO suggested in February 2015. Until Medicare pays these cancer hospitals in a way that encourages greater efficiency, Medicare remains at risk for overspending.
    Director: David A. Powner
    Phone: (202) 512-9286

    1 open recommendations
    Recommendation: To increase coordination between various levels of government and reduce duplication of effort, resources, and costs associated with collecting and maintaining accurate address data, Congress should consider assessing the impact of the disclosure restrictions of Section 9 of Title 13 and Section 412 of Title 39 of the U.S. Code in moving toward a national geospatial address database. If warranted, Congress should consider revising those statutes to authorize the limited release of addresses, without any personally identifiable information, specifically for geospatial purposes. Such a change, if deemed appropriate, could potentially result in significant savings across federal, state, and local governments.

    Agency: Congress
    Status: Open

    Comments: There has been no legislative action identified as of August 16, 2017. Addressing this action, which GAO suggested in February 2015, could increase coordination between various levels of government and reduce duplication of effort, resources, and costs associated with collecting and maintaining accurate address data.
    Director: Andrew Sherrill
    Phone: (202) 512-7215

    1 open recommendations
    Recommendation: To promote effective operation of the U.S. Commission on Civil Rights, Congress may wish to consider amending the commission's authorizing statute to clearly specify the roles and responsibilities of the commission chairperson, commissioners, and staff director, such as who has the authority to develop and implement commission operating policies and procedures, to manage commission staff, and to represent commission decisions and views, including those views expressed on commission letterhead.

    Agency: Congress
    Status: Open

    Comments: A Senate Committee on Appropriations report released on June 16, 2015, which accompanied a bill that provided for the Commission's FY 2016 appropriations, included a provision that directed the Commission to address one of the issues highlighted in our recommendation. Specifically, the report calls for the Commission to limit the use of letterhead to items that reflect the views of the entire Commission.
    Director: Gerald L. Dillingham, Ph.D.
    Phone: (202) 512-2834

    1 open recommendations
    Recommendation: If, in the next authorization for FAA, Congress chooses to mandate that FAA take actions to streamline and reform the agency, Congress may wish to consider requiring FAA to (1) track measures of and (2) report to Congress on the actual results of such efforts.

    Agency: Congress
    Status: Open

    Comments: FAA's authorization expired at the end of Fiscal Year 2015. As of May 2017, Congress has passed several FAA authorization extensions that did not include any actions related to this matter. We will continue to monitor legislation, and when we determine what steps the Congress has taken regarding this matter, we will provide updated information.
    Director: John Pendleton
    Phone: (202) 512-3489

    1 open recommendations
    Recommendation: Congress should consider using the results of DOD's review of headquarters personnel requirements to reexamine the statutory limits. Such an examination could consider whether supporting organizations that perform headquarters functions should be included in statutory limits and whether the statutes on personnel limitations within the military services' secretariats and staffs should be amended to include a prohibition on reassigning headquarters-related functions elsewhere.

    Agency: Congress
    Status: Open

    Comments: In its comments on our report DOD noted that the department has to update DOD Instruction 5100.73, Major DOD Headquarters Activities before it can determine personnel requirements that count against the statutory limits. Until DOD completes its update of the Instruction and provides Congress with information on the number personnel that count against the statutory limits, it will be difficult for Congress to take action. We will continue to monitor actions taken in response to this matter and will provide updated information as appropriate. As of May 2016, the Senate Armed Services Committee markup of the National Defense Authorization Act for Fiscal Year 2017 includes a provision that would allow the Office of the Secretary of Defense and the military departments to increase their number of military and civilian personnel by 15 percent in times of national emergency.
    Director: Morris, Steve D
    Phone: (202) 512-3841

    2 open recommendations
    Recommendation: Because challenges associated with the fragmented federal food safety system are long-standing, decision makers do not have an integrated perspective on federal food safety performance, and centralized mechanisms for broad-based collaboration have not been sustained, Congress should consider directing OMB to develop a government-wide performance plan for food safety that includes results oriented goals and performance measures and a discussion of strategies and resources.

    Agency: Congress
    Status: Open

    Comments: As of March 2017, Congress had not acted on this matter.
    Recommendation: Because challenges associated with the fragmented federal food safety system are long-standing, decision makers do not have an integrated perspective on federal food safety performance, and centralized mechanisms for broad-based collaboration have not been sustained, Congress should consider formalizing the FSWG through statute to help ensure sustained leadership across food safety agencies over time.

    Agency: Congress
    Status: Open

    Comments: As of March 2017, Congress had not acted on this matter.
    Director: Maurer, Diana C
    Phone: (202) 512-9627

    1 open recommendations
    Recommendation: To ensure that DHS components have sustained effective and appropriate use of AUO in accordance with law and regulation, Congress should consider requiring DHS to report annually to Congress on the use of AUO within the department, including the extent to which DHS components have made progress remediating AUO implementation deficiencies and information from annual third-party AUO audits or other department AUO oversight efforts.

    Agency: Congress
    Status: Open

    Comments: As of May 2017, three DHS components continue to use administratively uncontrollable overtime (AUO) to compensate employees for time worked beyond the standard 8-hour workday. The Border Patrol Agent Pay Reform Act of 2014 (BPAPRA), passed in December 2014, established a new overtime compensation system for Border Patrol agents (the majority of former AUO-users). Further, an amendment to Title V, enacted in December 2016, expanded law enforcement availability pay to U.S. Customs and Border Protection's (CBP) Air and Marine Operations. However, CBP continues to use AUO to compensate other employees, such as those within in the Office of Field Operations. Also, both U.S. Immigration and Customs Enforcement (ICE) and U.S. Secret Service (USSS) continue to use AUO to compensate employees with AUO. Though the negative effects of implementing AUO incorrectly have been mitigated to some extent through the deauthorization of over 20,000 Border Patrol agents, in addition to other deauthorizations and alternative compensation mechanisms, three DHS components continue to utilize AUO. Therefore, DHS still needs to consider a holistic approach to ensuring those components use AUO correctly and our matter for congressional consideration will remain open.
    Director: James R.McTigue, Jr.
    Phone: (202) 512-9110

    1 open recommendations
    Recommendation: Congress should consider expanding the mandate for 501(c)(3) organizations to electronically file their tax returns to cover a greater share of filed returns.

    Agency: Congress
    Status: Open

    Comments: The threshold over which Treasury/IRS can require electronic reporting is still 250 returns. As of February 18, 2016, there is no proposed legislation in the current Congress which would amend this threshold.
    Director: Charlie Jeszeck
    Phone: (202) 512-7215

    2 open recommendations
    Recommendation: To better protect the retirement savings of individuals who change jobs, while retaining policies that provide 401(k) plans relief from maintaining small, inactive accounts, Congress should consider amending current law to permit the Secretary of Labor and the Secretary of the Treasury to identify and designate alternative default destinations for forced transfers greater than $1,000, should they deem them more advantageous for participants.

    Agency: Congress
    Status: Open

    Comments: There has been no congressional action as of 2017.
    Recommendation: To better protect the retirement savings of individuals who change jobs, while retaining policies that provide 401(k) plans relief from maintaining small, inactive accounts, Congress should consider amending current law to repeal the provision that allows plans to disregard amounts attributable to rollovers when determining if a participant's plan balance is small enough to forcibly transfer it.

    Agency: Congress
    Status: Open

    Comments: There has been no congressional action as of 2017.
    Director: Michele Mackin
    Phone: (202) 512-4841

    1 open recommendations
    Recommendation: The legislated cost cap for Ford-class aircraft carrier construction provides a limit on procurement funds. However, the legislation also provides for adjustments to the cost cap. To understand the true cost of each Ford-class ship, Congress should consider revising the cost cap legislation to ensure that all work included in the initial ship cost estimate that is deferred to post-delivery and outfitting account is counted against the cost cap. If warranted, the Navy would be required to seek statutory authority to increase the cap.

    Agency: Congress
    Status: Open

    Comments: This recommendation remains open to allow Congress time to consider legislation amending the cost cap for the Ford class of aircraft carriers. The current version of the fiscal year 2018 National Defense Authorization Act (H.R. 2810) does not amend the current cost cap legislation.
    Director: Alicia Puente Cackley
    Phone: (202) 512-8678

    2 open recommendations
    Recommendation: To achieve greater efficiency and effectiveness, Congress should consider transferring the oversight of the markings of toy and imitation firearms in 15 U.S.C. 5001 from the National Institute of Standards and Technology (within the Department of Commerce) to the Consumer Product Safety Commission.

    Agency: Congress
    Status: Open

    Comments: This matter is an action identified in GAO's annual Duplication and Cost Savings reports. There has been no legislative action identified. The Gun Look-Alike Case Act, H.R. 3224, which was introduced on July 27, 2015, in the 114th Congress, would transfer the authority to regulate the markings of toy, look-alike, and imitation firearms in section 5001 of title 15 of the U.S. Code from NIST to CPSC, as GAO suggested in November 2014. This bill was referred to the Subcommittee on Commerce, Manufacturing, and Trade of the Committee on Energy and Commerce in the United States House of Representatives, and did not pass out of committee. As of March 1, 2017, the bill has not been reintroduced in the 115th Congress.
    Recommendation: To improve existing coordination of oversight for consumer product safety, Congress should consider establishing a formal comprehensive oversight mechanism for consumer product safety agencies to address crosscutting issues as well as inefficiencies related to fragmentation and overlap such as communication and coordination challenges and jurisdictional questions between agencies. Different types of formal mechanisms could include, for example, creating a memorandum of understanding to formalize relationships and agreements or establishing a task force or interagency work group. As a starting point, Congress may wish to obtain agency input on options for establishing more formal coordination.

    Agency: Congress
    Status: Open

    Comments: This matter is an action identified in GAO's annual Duplication and Cost Savings reports. There has been no legislative action identified. No legislation was introduced as of March 1, 2017, that would establish a collaborative mechanism to facilitate communication across the relevant agencies and to help enable them to collectively address crosscutting issues, as GAO suggested in November 2014. Some of the agencies with direct regulatory oversight responsibilities for consumer product safety reported that they continue to collaborate to address specific consumer product safety topics. However, without a formal comprehensive oversight mechanism, the agencies risk missing opportunities to better leverage resources and address challenges, including those related to fragmentation and overlap.
    Director: James R. McTigue, Jr.
    Phone: (202) 512-9110

    1 open recommendations
    Recommendation: To promote retirement savings without creating permanent tax-favored accounts for a small segment of the population, Congress should consider revisiting the use of IRAs to accumulate large balances and consider ways to improve the equity of the existing tax expenditure on IRAs. Options could include limits on (1) the types of assets permitted in IRAs, (2) the minimum valuation for an asset purchased by an IRA, or (3) the amount of assets that can be accumulated in IRAs and employersponsored plans that get preferential tax treatment.

    Agency: Congress
    Status: Open

    Comments: In its October 2014 report, GAO found that individuals with limited, occupationally related opportunities could engage in sophisticated investment strategies and accumulate considerable tax-preferred wealth in IRAs and subsequently suggested to Congress legislative options. As of March 2017, legislation had not been introduced on any aspect of this suggestion, although the Senate Finance Committee held a hearing on IRA policy in September 2014 for which GAO provided a statement for the record.
    Director: David J.Wise
    Phone: (202) 512-2834

    1 open recommendations
    Recommendation: To ensure that properties determined as suitable and available are more likely to be practical for homeless assistance and that Federal Register reporting is not redundant, Congress should revisit the scope of properties to be reported to HUD with respect to the types of properties that may be less likely to be useful to assist the homeless and the frequency of Federal Register reporting.

    Agency: Congress
    Status: Open

    Comments: Two companion bills were introduced in the 114th Congress that address this matter. S. 2375 and HR 4465, "The Federal Asset Sale and Transfer Act of 2015/16" would require the list of available properties to assist the homeless be available on HUD and GSA websites rather than in the Federal Register. In addition, the bills would enable buildings not optimal for homeless assistance to be listed for sale more quickly. Both bills have been reported by their respective committees and placed on the Senate Legislative Calendar. When we confirm what additional actions the US Congress has taken in response to the this matter, we will provide updated information.
    Director: Brian J. Lepore
    Phone: (202) 512-4523

    1 open recommendations
    Recommendation: To help ensure DOD's approach to joint basing achieves the goals as outlined by DOD in its justification for the 2005 BRAC recommendation and leverages additional opportunities to reduce duplication of effort that could in turn generate cost savings and increased efficiencies, Congress should consider directing the Deputy Under Secretary of Defense (Installations and Environment), in collaboration with the military services and joint bases, to evaluate the purpose of the program and determine whether the current goals, as stated in the 2005 BRAC Commission recommendation, are still appropriate, or whether goals should be revised; communicate these goals to the military services and joint bases, and adjust program activities accordingly; provide direction to the joint bases on requirements for meeting program goals, including determining reporting requirements and milestones; and determine any next steps for joint basing, including whether to expand it to other installations.

    Agency: Congress
    Status: Open

    Comments: As of August 2016 there has been no legislation identified.
    Director: Maurer, Diana C
    Phone: (202) 512-9627

    1 open recommendations
    Recommendation: Congress should consider making future funding for the St. Elizabeths project contingent upon DHS and GSA developing a revised headquarters consolidation plan, for the remainder of the project, that conforms with leading practices and that (1) recognizes changes in workplace standards, (2) identifies which components are to be colocated at St. Elizabeths and in leased and owned space throughout the National Capital Region, and (3) develops and provides reliable cost and schedule estimates.

    Agency: Congress
    Status: Open

    Comments: The Department of Homeland Security Headquarters Consolidation Accountability Act of 2015 (Pub. L. No. 114-150) was enacted on April 29, 2016. Among other things, the act requires DHS, in coordination with GSA, to submit information to Congress about DHS headquarters consolidation efforts not later than 120 days of enactment. As of March 2017, DHS and GSA had not submitted the information to Congress required by Pub. L. No. 114-150. Officials stated that the information would be submitted as soon as possible, but exact timeframes were uncertain given ongoing project deliberations and internal reviews. Required information includes: a comprehensive assessment of property and facilities utilized by DHS in the National Capital Region; an analysis that identifies the costs and benefits of leasing and construction alternatives for the remainder of the consolidation project; and updated cost and schedule estimates for the project that are consistent with GAO's recommendations in GAO-14-648. Furthermore, the act requires the Comptroller General to evaluate the cost and schedule estimates not later than 90 days after their submittal to Congress. A comprehensive report to Congress on DHS headquarters consolidation, along with reliable project cost and schedule estimates, could inform Congress's funding decisions.
    Director: Mctigue Jr, James R
    Phone: (202) 512-7968

    1 open recommendations
    Recommendation: Congress should consider altering the TEFRA audit procedures to require partnerships to designate a qualified Tax Matters Partner (TMP) and, if that TMP is an entity, to also identify a representative who is an individual and for partnerships to keep the designation up to date.

    Agency: Congress
    Status: Open

    Comments: In October 2015, H.R. 1314 was amended to include the Bipartisan Budget Act of 2015, which included provisions that would repeal the TEFRA audit procedures and put in place new audit procedures for partnerships with more than 100 partners. This legislation was signed into law in November 2015. According to the legislation, the new audit procedures would require partnerships to designate a qualified representative for the partnership audit. However, the legislation did not require audited partnerships to identify a representative who is an individual nor do they require that audited partnerships keep the designation up to date as suggested in GAO's report. The legislation does give IRS the authority to develop regulations about how the partnership representative should be designated by the partnership and such regulations may address the items in GAO's report. Currently regulations are under development at IRS. The legislation specifies that the new partnership audit procedures apply to partnership returns filed for tax years beginning after December 31, 2017.
    Director: James R. White
    Phone: (202) 512-9110

    1 open recommendations
    Recommendation: Congress should consider providing the Secretary of the Treasury with the regulatory authority to lower the threshold for electronic filing of W-2s from 250 returns annually to between 5 to 10 returns, as appropriate.

    Agency: Congress
    Status: Open

    Comments: As of March 2017, no legislative action identified. Lowering the threshold would help IRS prevent identity theft refund fraud by enhancing its ability to verify the employment information reported on tax returns before issuing refunds. Additionally, lowering the threshold would reduce the Social Security Administration's administrative costs of processing W-2 information.
    Director: Anne-Marie Fennell
    Phone: (202) 512-3841

    1 open recommendations
    Recommendation: To reduce the cost of the crop insurance program and achieve budgetary savings for deficit reduction or other purposes, Congress should consider reducing the level of federal premium subsidies for revenue crop insurance policies. In doing so, Congress should consider whether to make the full amount of this reduction in an initial year, or to phase in the full amount of this reduction over several years. In addition, Congress should consider directing the Secretary of Agriculture to monitor and report on the impact, if any, of the reduction on farmer participation in the crop insurance program.

    Agency: Congress
    Status: Open

    Comments: As of December 2016, Congress has not taken action to implement this matter.
    Director: Debra A. Draper
    Phone: (202) 512-7114

    1 open recommendations
    Recommendation: To eliminate unnecessary program duplication and to achieve increased efficiencies and potential savings within the integrated MHS, Congress should terminate the Secretary of Defense's authority to contract with the USFHP designated providers in a manner consistent with a reasonable transition of affected USFHP enrollees into TRICARE's regional managed care program or other health care programs, as appropriate.

    Agency: Congress
    Status: Open

    Comments: As of April 2017, no actions have been taken.
    Director: Michele Mackin
    Phone: (202) 512-4841

    1 open recommendations
    Recommendation: To help ensure that it receives accurate information on the full effect of funding decisions on acquisition programs, Congress should consider amending the law that governs the 5-year Capital Investment Plan to require the Coast Guard to submit cost and schedule information that reflects the impact of the annual President's budget request on each acquisition across the portfolio--in addition to the current practice of reporting the cost and schedule estimates in current program baselines.

    Agency: Congress
    Status: Open

    Comments: Thus far no action has been taken on this Matter. We will continue to follow up with relevant congressional committees.
    Director: Charlie Jeszeck
    Phone: (202) 512-7215

    1 open recommendations
    Recommendation: To improve IRS's enforcement and compliance efforts, decrease the administrative and financial burden of maintaining both electronic and paper-based form processing systems, and reduce plan reporting costs, Congress should consider providing the Department of the Treasury with the authority to require that the Form 5500 series be filed electronically.

    Agency: Congress
    Status: Open

    Comments: As of 5/31/17, Congress has taken no action.
    Director: Mctigue Jr, James R
    Phone: (202) 512-7968

    1 open recommendations
    Recommendation: Congress should consider expanding the mandate for partnerships and corporations to electronically file their tax returns to cover a greater share of filed returns.

    Agency: Congress
    Status: Open

    Comments: No legislation enacted as of March 2017. Current law requires entities that file more than 250 returns during a year or partnerships with more than 100 partners to file electronically. A bill has been introduced in Congress, S. 3178, which would gradually lower the threshold to 20 returns. Requiring greater digitization of tax return information, as GAO suggested in May 2014, would help the Internal Revenue Service identify which partnership and S corporation tax returns would be most productive to examine. Improving IRS's selection of partnership and S corporation returns to examine would also benefit compliant taxpayers whose returns may otherwise be selected for examination. Further, expanded e-filing would reduce IRS's tax return processing costs.
    Director: J. Alfredo Gómez
    Phone: (202) 512-3841

    1 open recommendations
    Recommendation: To develop an estimate of the scope of work remaining to address uranium contamination on or near the Navajo reservation, Congress should consider requiring that the Environmental Protection Agency take the lead and work with the other federal agencies to develop an overall estimate of the remaining scope of the work, time frames, and costs.

    Agency: Congress
    Status: Open

    Comments: As of December 2016, we are not aware of any legislation being enacted to address this matter for congressional consideration.
    Director: James R. McTigue, Jr.
    Phone: (202) 512-9110

    1 open recommendations
    Recommendation: If Congress agrees that significant paid preparer errors exist, it should consider legislation granting IRS the authority to regulate paid tax preparers.

    Agency: Congress
    Status: Open

    Comments: In 2017, several bills were introduced in Congress that would authorize the Department of Treasury to regulate paid tax return preparers. As of September 2017, no action has been taken on any of the bills. GAO testified on October 1, 2015 on improper payments and the tax gap before Senate Finance and on December 10, 2015 on GAO recommendations before the Subcommittee on Regulatory Affairs and Federal Management, Committee on Homeland Security and Governmental Affairs, US Senate. Both hearings increased attention to GAO's matter to Congress that tax preparers be regulated. Paid preparer regulation may increase the accuracy of tax returns and potentially reduce the tax gap.
    Director: Gomez, Jose A
    Phone: (202) 512-3841

    2 open recommendations
    Recommendation: To take advantage of opportunities to collect UCMR data on additional unregulated contaminants, Congress should consider amending SDWA to give EPA the flexibility to select more than 30 contaminants for monitoring under the UCMR program if high-priority contaminants, such as those on the Contaminant Candidate List (CCL) or contaminants of emerging concern, can be included at minimal cost, with minimal additional burden on public water systems, and while using analytical methods that EPA is already employing.

    Agency: Congress
    Status: Open

    Comments: As of December 2016, Congress has not taken action to address this matter; we will continue to monitor actions and provide updated information when it becomes available.
    Recommendation: To optimize the ability of the UCMR data to support regulatory determinations, Congress should consider adjusting the statutory time frames for the UCMR and regulatory determinations cycles so that EPA can use the UCMR data to support regulatory determinations in the same cycle.

    Agency: Congress
    Status: Open

    Comments: As of December 2016, Congress has not taken action to address this matter; we will continue to monitor actions and provide updated information when it becomes available.
    Director: Moran, Revae E
    Phone: (202) 512-7215

    1 open recommendations
    Recommendation: To provide for independent audit and investigative oversight of NMB, Congress should consider authorizing an appropriate federal agency's Office of Inspector General to provide such oversight.

    Agency: Congress
    Status: Open

    Comments: The Subcommittee on Financial and Contracting Oversight of the Senate Committee on Homeland Security and Governmental Affairs held a hearing in April 2014 to (1) review the processes and mechanisms by which small agencies and other federal entities without statutory inspectors general receive oversight, and (2) examine potential legislative actions to improve the oversight of small agencies. In advance of the hearing, the committee circulated draft legislation that would, among other things, assign the Inspector General of the National Labor Relations Board the responsibility of providing oversight of the National Mediation Board. However, this legislation was not formally introduced. No related legislation has been enacted since that time.
    Director: Jeszeck, Charles A
    Phone: (202) 512-7215

    1 open recommendations
    Recommendation: To increase the accuracy of "potential private pension benefit information" notices that SSA sends to Social Security claimants, Congress should consider legislation shifting responsibility and necessary resources to Labor for (a) electronically collecting form 8955-SSA information on participants' deferred vested benefits, (b) maintaining an accurate federal database of those benefits, and (c) periodically sending SSA accurate information about such benefits for recent Social Security claimants identified by SSA, so that SSA may provide notices to retirees.

    Agency: Congress
    Status: Open

    Comments: As of September 2017, no congressional action has been taken in response to this recommendation.
    Director: Cackley, Alicia P
    Phone: (202) 512-8678

    1 open recommendations
    Recommendation: Congress should consider strengthening the current consumer privacy framework to reflect the effects of changes in technology and the marketplace--particularly in relation to consumer data used for marketing purposes--while also ensuring that any limitations on data collection and sharing do not unduly inhibit the economic and other benefits to industry and consumers that data sharing can accord. Among the issues that should be considered are: (1) the adequacy of consumers' ability to access, correct, and control their personal information in circumstances beyond those currently accorded under FCRA; (2) whether there should be additional controls on the types of personal or sensitive information that may or may not be collected and shared; (3) changes needed, if any, in the permitted sources and methods for data collection; and (4) privacy controls related to new technologies, such as web tracking and mobile devices.

    Agency: Congress
    Status: Open

    Comments: As of April 2017, Congress has not taken action on this matter.
    Director: Scire, Mathew J
    Phone: (202) 512-8678

    1 open recommendations
    Recommendation: To strengthen FHA accountability for complying with the Fund's statutory capital requirement, Congress should consider requiring that FHA submit a capital restoration plan and regular updates on plan implementation whenever the capital ratio falls below 2 percent as calculated in the annual actuarial review of the Fund, or the Fund's financial condition does not meet other congressionally-defined requirements.

    Agency: Congress
    Status: Open

    Comments: Congress has not yet acted on this matter for consideration.
    Director: Fleming, Susan A
    Phone: (202) 512-2834

    1 open recommendations
    Recommendation: To help ensure that the Federal Railroad Administration manages its limited resources and provides flexibility to railroads in implementing PTC, Congress should consider amending RSIA as requested in the FRA's August 2012 PTC Implementation Status Report to Congress, including granting FRA the authority to approve the use of alternative safety technologies in lieu of PTC to allow railroads to improve safety and meet many of the functions of PTC through other means.

    Agency: Congress
    Status: Open

    Comments: As of August 2017, Congress had not taken any action regarding this Matter for Congressional Consideration.
    Director: Cosgrove, James C
    Phone: (202) 512-7114

    1 open recommendations
    Recommendation: To increase beneficiaries' awareness of providers' financial interest in a particular treatment, Congress should consider directing the Secretary of Health and Human Services to require providers who self-refer IMRT services to disclose to their patients that they have a financial interest in the service.

    Agency: Congress
    Status: Open

    Comments: In August 2013, to increase beneficiaries' awareness of providers' financial interest in a particular treatment, we suggested that Congress should consider directing the Secretary of Health and Human Services to require providers who self-refer IMRT services to disclose to their patients that they have a financial interest in the service. As of June 2017, Congress has not implemented this suggestion.
    Director: St James, Lorelei
    Phone: (202) 512-2834

    4 open recommendations
    Recommendation: A key matter for Congress to consider is whether or not to move forward with a USPS health plan that would result in an increase in retirees' use of Medicare. If Congress decides to approve this proposal, then Congress should also weigh the impact on other issues, including safeguards for all USPS health plan fund assets by placing appropriate constraints on their asset allocations, such as limiting investments to Treasury securities and inflation-indexed Treasury securities or, if Congress chooses to permit investments in non-Treasury securities, constraints on the discount rate for prefunding purposes so as not to anticipate returns on risk-bearing assets in excess of those on Treasury securities before such returns have actually been achieved.

    Agency: Congress
    Status: Open

    Comments: As of May 2017, Congress had not enacted legislation that would create a U.S. Postal Service health plan that would result in an increase in retirees' use of Medicare. Therefore, Congress had not fully addressed the impact of safeguards for all USPS health plan fund assets by placing appropriate constraints on their asset allocations. In September 2015, S.2051: Improving Postal Operations, Service, and Transparency Act of 2015 was introduced to the to the U.S. Senate Committee on Homeland Security and Governmental Affairs. The bill requires all Medicare-eligible postal annuitants and employees enrolled in a U.S. Postal Service health plan to also enroll in Medicare, including parts A, B and D. This bill, however, has not yet been approved by the Senate Committee on Homeland Security and Governmental Affairs.
    Recommendation: A key matter for Congress to consider is whether or not to move forward with a USPS health plan that would result in an increase in retirees' use of Medicare. If Congress decides to approve this proposal, then Congress should also weigh the impact on other issues, including standards for the disposition of any surplus health plan assets that reduce the risk of a new unfunded liability emerging in the future, standards such as amortizing any surplus to mirror the amortization of any unfunded liability, or using any surplus to offset normal cost payments.

    Agency: Congress
    Status: Open

    Comments: As of May 2017, Congress had not enacted legislation that would create a U.S. Postal Service health plan that would result in an increase in retirees' use of Medicare. Consequently, Congress has not fully addressed the issue of standards for the disposition of any surplus health plan assets that reduce the risk of a new unfunded liability emerging in the future, such as amortizing any surplus to mirror the amortization of any unfunded liability, or using any surplus to offset normal cost payments.
    Recommendation: A key matter for Congress to consider is whether or not to move forward with a USPS health plan that would result in an increase in retirees' use of Medicare. If Congress decides to approve this proposal, then Congress should also weigh the impact on other issues, including designation or creation of an independent entity responsible for the selection of actuarial assumptions used to annually determine the funded status of USPS's health plan for purposes of determining prefunding payments.

    Agency: Congress
    Status: Open

    Comments: As of May 2017, Congress had not enacted legislation that would create a U.S. Postal Service health plan that would result in an increase in retirees' use of Medicare. Consequently, Congress has not fully addressed the designation or creation of an independent entity responsible for the selection of actuarial assumptions used to annually determine the funded status of USPS's health plan for purposes of determining prefunding payments.
    Recommendation: A key matter for Congress to consider is whether or not to move forward with a USPS health plan that would result in an increase in retirees' use of Medicare. If Congress decides to approve this proposal, then Congress should also weigh the impact on other issues, including protections for postal employees and retirees that are comparable to those under FEHBP, including a formula for USPS retirees' contribution to the costs of their health coverage.

    Agency: Congress
    Status: Open

    Comments: As of May 2017, Congress had not enacted legislation that would create a U.S. Postal Service health plan that would result in an increase in retirees' use of Medicare. Consequently, Congress has not fully addressed the issue of protections for postal employees and retirees that are comparable to those under FEHBP, including a formula for USPS retirees' contribution to the costs of their health coverage.
    Director: Bagdoyan, Seto J
    Phone: (202) 512-4749

    1 open recommendations
    Recommendation: Congress should consider granting Labor the additional authority it is seeking to access wage data to help verify claimants' reported income and help ensure the proper payment of benefits.

    Agency: Congress
    Status: Open

    Comments: No legislation introduced as of February 2017. The Workers' Compensation Reform Act of 2015 (S. 2051, title V) was introduced in the 114th Congress. It would have allowed DOL to access wage data, as GAO suggested in April 2013, from the National Directory of New Hires to improve the integrity of the Federal Employees' Compensation Act program, among other actions. If introduced in the 115th Congress and enacted, this legislation could help to prevent and detect improper payments in the Federal Employees' Compensation Act program.
    Director: Lepore, Brian J
    Phone: (202)512-4523

    4 open recommendations
    Recommendation: If cost savings are to be a goal of any future BRAC round, Congress may wish to consider amending the BRAC statute by elevating the priority DOD and the BRAC Commission give to potential costs and savings as a selection criterion for making base closure and realignment recommendations.

    Agency: Congress
    Status: Open

    Comments: All the Matters for Congressional Consideration are contingent on the implementation of another round of BRAC. As of July 2017, Congress has not authorized another round of BRAC.
    Recommendation: If Congress authorizes additional BRAC rounds, it may wish to consider amending BRAC legislation by requiring the Secretary of Defense to formally establish specific goals that the department expects to achieve from a future BRAC process.

    Agency: Congress
    Status: Open

    Comments: All the Matters for Congressional Consideration are contingent on the implementation of another round of BRAC. As of June 2017, Congress has not authorized another round of BRAC.
    Recommendation: If Congress authorizes additional BRAC rounds, it may wish to consider amending BRAC legislation by requiring the Secretary of Defense to propose selection criteria as necessary to help achieve those goals, if necessary and appropriate.

    Agency: Congress
    Status: Open

    Comments: All the Matters for Congressional Consideration are contingent on the implementation of another round of BRAC. As of June 2017, Congress has not authorized another round of BRAC.
    Recommendation: If Congress decides to authorize a future base closure round, it may want to consider whether to limit or prohibit the BRAC Commission from adding a contingent element to any recommendation and, if permitted, under what conditions.

    Agency: Congress
    Status: Open

    Comments: All the Matters for Congressional Consideration are contingent on the implementation of another round of BRAC. As of June 2017, Congress has not authorized another round of BRAC.
    Director: Irving, Susan J
    Phone: (202) 512-6806

    2 open recommendations
    Recommendation: In light of declining discretionary budgets, to reduce or eliminate the reliance of the AQI program on taxpayer funding, Congress should consider allowing USDA to set AQI fees to recover the aggregate estimated costs of AQI services--thereby allowing the Secretary of Agriculture to set fee rates to recover the full costs of the AQI program.

    Agency: Congress
    Status: Open

    Comments: As of March 2017, Congress had not passed legislation to give the Secretary of Agriculture authority to set fee rates to fully recover the aggregate costs of agricultural quarantine inspection (AQI) services, as GAO suggested in March 2013. In the 114th Congress, the Savings, Accountability, Value, and Efficiency Act of 2015 was introduced in the House and referred to the committees of jurisdiction. The act would require the Secretary of Agriculture to (1) study whether the amount of AQI fees collected cover the aggregate costs of AQI services, and (2) report to Congress the results of the study and any recommendations for ensuring that fees covered costs. The act would not authorize the Secretary of Agriculture to set fee rates to recover the full costs of the AQI program. The current AQI fee authority does not permit the U.S. Department of Agriculture to set AQI fees to recover the aggregate estimated costs of AQI services. Authorizing the Secretary of Agriculture to set fee rates to recover the full costs of the AQI program would save the federal government money by reducing the program's reliance on U.S. Customs and Border Protection's annual Salaries and Expenses appropriation.
    Recommendation: Congress should consider amending USDA's authorization to assess AQI fees on bus companies, private vessels, and private aircraft and include in those fees the costs of AQI services for the passengers on those buses, private vessels, and private aircraft.

    Agency: Congress
    Status: Open

    Comments: As of March 2017, Congress had not passed legislation to give the Secretary of Agriculture authority to assess agricultural quarantine inspection (AQI) fees on private vessels, private aircraft, and commercial buses and include in those fees the costs of AQI services for the passengers on those vehicles. In the 114th Congress, the Savings, Accountability, Value, and Efficiency Act of 2015 was introduced in the House and referred to the committees of jurisdiction. The act would require the Secretary of Agriculture to (1) study whether the amount of AQI fees collected cover the aggregate costs of AQI services, and (2) report to Congress the results of the study and any recommendations for ensuring that fees covered costs. The current AQI fee authority does not permit the U.S. Department of Agriculture to assess AQI fees on private vessels, private aircraft and commerical buses and to recover, through those fees, the costs of AQI services for the passengers on those vehicles.
    Director: Cackley, Alicia P
    Phone: (202) 512-8678

    1 open recommendations
    Recommendation: To better enable CPSC to target unsafe consumer products, Congress may wish to amend section 29(f) of CPSA to allow CPSC greater ability to enter into information-sharing agreements with its foreign counterparts that permit reciprocal terms on disclosure of nonpublic information.

    Agency: Congress
    Status: Open

    Comments: As of July 31, 2017, Section 29 of CPSA had not been amended since 2008. In 2013, a bill was introduced (S.1887) but not passed. That bill would have allowed "the Commission, when sharing information under the federal-state cooperation program with a foreign government agency for official law enforcement or consumer protection purposes, to authorize a foreign government agency to make that information available to another agency of the same foreign government (including a political subdivision of that foreign government that is located within the same territory or administrative area as the agency disclosing the information) if an appropriate official of the foreign government agency disclosing the information certifies (by prior agreement, memorandum of understanding with the CPSC, or other written certification) that it will establish and apply specified confidentiality restrictions under the Consumer Product Safety Act."
    Director: Iritani, Katherine M
    Phone: (202) 512-7114

    1 open recommendations
    Recommendation: To improve transparency of and accountability for Medicaid non-DSH supplemental payments, Congress should consider requiring the Administrator of CMS to (1) improve state reporting of non-DSH supplemental payments, including requiring annual reporting of payments made to individual facilities and other information that the agency determines is necessary to oversee non-DSH supplemental payments; (2) clarify permissible methods for calculating non-DSH supplemental payments; and (3) require states to submit an annual independent certified audit verifying state compliance with permissible methods for calculating non-DSH supplemental payments.

    Agency: Congress
    Status: Open

    Comments: As of August 2017, no legislation had been enacted although at least one bill had been introduced in the Congress that would implement this Matter. If enacted, H.R. 541 would, among other things, require annual reporting of non-DSH supplemental payments made to individual institutional providers; information on type of ownership of providers that received the supplemental payments; and other information the agency determines is necessary to oversee non-DSH supplemental payments. However, CMS has taken some actions administratively to understand how to improve its oversight, which are underway. CMS had planned to publish a proposed rule for public comment in fall 2016 that could improve the oversight of supplemental payments made to individual providers. As of August 2017, the agency stated that it is gathering information from data submitted by states to better inform individual provider level payment criteria and establish policies and procedures to evaluate whether payments at the provider level are economic and efficient. They expect to complete this process by March 2018. CMS has also awarded a contract to review Medicaid supplemental payment information submitted by states that may, according to CMS officials, provide information to identify areas for future supplemental payment oversight, including issuing additional guidance on non-DSH supplemental payment submissions and developing standardized formatting. CMS reported that in 2016 it received approval from the Office of Management and Budget to issue standardized templates for all states to use when submitting the annual non-DSH supplemental payments for agency review, but did not specify when standard templates would be used. CMS also reported that the agency was developing a tool to assist in reviewing amendments to state plans and analyzing non-DSH supplemental payments. GAO plans to continue to monitor congressional action, as well as CMS's guidance on supplemental payments to individual providers and actions resulting from the contracted review to determine the extent to which improve state reporting of non-DSH supplemental payments, clarify permissible methods for calculating non-DSH supplemental payments, and require audits to verify that states use permissible methods to calculate non-DSH supplemental payments.
    Director: Melvin, Valerie C
    Phone: (202)512-6304

    1 open recommendations
    Recommendation: In light of the agency's declining revenue associated with its basic statutory function and the charging for information that is often freely available elsewhere, Congress should consider examining the appropriateness and viability of the fee-based model under which NTIS currently operates for disseminating technical information to determine whether the use of this model should be continued.

    Agency: Congress
    Status: Open

    Comments: Congress has not yet enacted legislation to re-examine the fee-based model under which NTIS operates, although it has begun taking actions that give it an opportunity to do so. Specifically, the Department of Commerce Appropriations Acts, 2015, 2016 and 2017, prohibited NTIS from charging customers for reports authored by legislative branch offices unless the agency tells the customer how an electronic copy of the report can be accessed or downloaded for free online. The Act further stated that, if a customer still requires such a report from NTIS, the agency should not charge more than what is needed to recover the cost of processing, reproducing, and delivering the document requested. Additionally, in the 114th Congress, three bills (H.R. 443, S.787, and S.1636) were introduced and referred to the House Committee on Science, Space, and Technology and the Senate Committee on Commerce, Science, and Transportation. However, none of these bills were passed. The 115th Congress has yet to consider legislation that would ensure the assessment of the appropriateness or viability of NTIS functions.
    Director: Fleming, Susan A
    Phone: (202)512-4431

    1 open recommendations
    Recommendation: In order to provide states with greater flexibility to pursue a range of strategies to address the various factors contributing to motorcycle crashes and fatalities, Congress should consider allowing states to use the Motorcyclist Safety Grants for purposes beyond motorcyclist training and raising motorist awareness of motorcycles.

    Agency: Congress
    Status: Open

    Comments: No action has been taken on this matter to date. When GAO determines that Congress has taken action on it, GAO will provide updated information.
    Director: Jeszeck, Charles A
    Phone: (202) 512-7215

    3 open recommendations
    Recommendation: To help strengthen the PBGC insurance program, Congress should authorize redesign of PBGC's premium structure to more fully reflect the risk posed by plans and sponsors to the agency, such as by providing for the incorporation of additional risk factors.

    Agency: Congress
    Status: Open

    Comments: In July 2012 and December 2013, Congress passed premium increases (P.L. No. 112-141 and P.L. 113-67, respectively) to better reflect the risk posed to the Pension Benefit Guaranty Corporation by certain defined benefit pension plans and plan sponsors. Nevertheless, As of September 2015, Congress had yet to authorize a redesign of PBGC's premium structure.
    Recommendation: In addition, to improve PBGC's ability to collect key information that may be necessary to help the agency estimate its risk exposure to future claims and strengthen implementation of any changes to the premium structure, Congress should provide PBGC with access to additional information needed to assess risk and assist in setting premiums, such as by expanding the criteria requiring plan sponsors to report under section 4010 of ERISA.

    Agency: Congress
    Status: Open

    Comments: As of September 2015, Congress has taken no action related to this matter.
    Recommendation: Moreover, to better understand the mechanics of how best to incorporate additional risk factors, improve transparency, and help inform the evaluation of the various redesign options, Congress should establish an independent premiums advisory committee reflecting a range of perspectives--including, for example, representatives from federal agencies, sponsors, actuaries, private insurers, and labor groups--to assist with such activities as developing the mechanics for incorporating additional risk factors and implementing new rates, as well as delineating a variety of alternative methods to address PBGC's deficit.

    Agency: Congress
    Status: Open

    Comments: As of September 2015, Congress has taken no action related to this matter.
    Director: Goldstein, Mark L
    Phone: (202) 512-2834

    1 open recommendations
    Recommendation: Congress should consider whether FCC's excess fees (approximately $66 million through fiscal year 2011) should be appropriated for FCC's use, or, if not, what the disposition of these funds should be, and whether to change FCC's annual appropriations language to permit reconciliation of excess collections or to govern FCC's handling of any future excess collections.

    Agency: Congress
    Status: Open

    Comments: When we confirm what actions Congress has taken in regarding this matter for consideration, we will provide updated information.
    Director: King, Kathleen M
    Phone: (202) 512-7114

    1 open recommendations
    Recommendation: In order to ensure an equitable allocation of CHS program funds, the Congress should consider requiring IHS to develop and use a new method to allocate all CHS program funds to account for variations across areas that would replace the existing base funding, annual adjustment, and program increase methodologies, notwithstanding any restrictions currently in federal law.

    Agency: Congress
    Status: Open

    Comments: As of January 2017, Congress has not acted on this recommendation. We will update the status of this recommendation if Congress takes action.
    Director: White, James R
    Phone: (202)512-3000

    1 open recommendations
    Recommendation: To reduce the compliance burden on taxpayers making noncash contributions, Congress should consider raising the threshold at which taxpayers are required to have qualified appraisals for a particular contribution. Raising the threshold and giving IRS the authority to adjust this value for inflation in the future would maintain the consistent treatment of taxpayers over time.

    Agency: Congress
    Status: Open

    Comments: No actions taken as of January 2017. We continue to monitor for new legislation.
    Director: Shames, Lisa R
    Phone:

    1 open recommendations
    Recommendation: To enhance the effectiveness of the food safety system for catfish and avoid duplication of effort and cost, Congress should consider repealing provisions of the Farm Bill that assigned USDA responsibility for examining and inspecting catfish and for creating a catfish inspection program.

    Agency: Congress
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Director: Herr, Phillip R
    Phone: (202) 512-2834

    1 open recommendations
    Recommendation: As we have previously recommended, Congress should consider reexamining and refocusing surface transportation programs, including establishing well-defined goals with direct links to identified federal interests and roles. Based on this review, there may be areas where national interests are less evident and where Congress may wish to consider narrowing FHWA's responsibilities.

    Agency: Congress
    Status: Open

    Comments: As of May 2017, Congress has not yet considered narrowing FHWA's responsibilities. The Fixing America's Surface Transportation (FAST) Act, which authorizes surface transportation programs, will expire in 2020. Congress will be developing legislation to reauthorize federal surface transportation programs at that time.
    Director: Gootnick, David B
    Phone: (202) 512-3149

    1 open recommendations
    Recommendation: Disparities in tax rates on smoking tobacco products have negative revenue implications because they create incentives for manufacturers and consumers to substitute higher-taxed products with lower-taxed products. In light of that fact, as Congress continues its oversight of CHIPRA and Tobacco Control Act implementation, it may wish to consider modifying tobacco tax rates to eliminate significant tax differentials between similar products. Specifically, Congress may wish to consider equalizing tax rates on roll-your-own and pipe tobacco and, in consultation with Treasury, also consider options for reducing tax avoidance due to tax differentials between small and large cigars.

    Agency: Congress
    Status: Open

    Comments: As of April 2017, Congress had not passed legislation to equalize taxes on roll-your-own and pipe tobacco and small and large cigars. In the 114th Congress, two bills were introduced to equalize taxes on roll-your-own and pipe tobacco, as GAO suggested in its April 2012 report. Additionally, in January 2017, House Bill 729, which would create tax parity for these products, was introduced in the 115th Congress. However, these bills have not been enacted. GAO's April 2012 report noted that prior federal and state legislation has aimed to discourage tobacco use and raise revenues by increasing excise taxes on tobacco products. Modifying tax rates to eliminate the tax differentials between similar tobacco products could address potential future revenue losses stemming from the substitution of higher-taxed products with lower-taxed products.
    Director: Shames, Lisa R
    Phone: (202) 512-3841

    1 open recommendations
    Recommendation: To reduce the cost of the crop insurance program, Congress may wish to consider limiting the subsidy for premiums that an individual farmer can receive each year or reducing the subsidy for all farmers participating in the program, or both limiting and reducing these subsidies.

    Agency: Congress
    Status: Open

    Comments: As of December 2016, Congress has not taken action to implement this matter.
    Director: Courts, Michael J
    Phone: (202)512-3000

    1 open recommendations
    Recommendation: In order to contain costs and reduce duplication of administrative support services overseas, Congress may wish to consider requiring agencies to participate in ICASS services unless they provide a business case to show that they can obtain these services outside of ICASS without increasing overall costs to the U.S. government or that their mission cannot be achieved within ICASS.

    Agency: Congress
    Status: Open

    Comments: As of March 2017, no legislative action has yet been taken. Congress has not required agencies to participate in ICASS absent a business case that shows that they can obtain services outside ICASS without additional cost to the U.S. government, as GAO suggested in January 2012. In July 2013, legislation was introduced in the Senate directing the Secretary of State to develop a process that any agency participating in the ICASS program shall use to provide a cost analysis and justification for the agency's decision to opt out, in whole or in part, of ICASS services. Congress did not pass this legislation, passing in its stead the Consolidated Appropriations Act, 2014, which contained no language related to ICASS. In January 2014, the joint explanatory statement regarding the Consolidated Appropriations Act, 2014, included a direction that the Secretary of State develop, in coordination with the ICASS Service Center and participating agencies, an efficient process by which an agency participating in the ICASS program provides a cost analysis and justification for the agency's decision to opt out of any ICASS services. However, this direction does not speak to a requirement that agencies participate in ICASS absent such a justification. Action on this matter is important because continued duplication of administrative services limits ICASS's ability to achieve economies of scale and deliver services more efficiently.
    Director: Lepore, Brian J
    Phone: (202) 512-4523

    1 open recommendations
    Recommendation: In order to ensure that the Air Force is taking action that addresses the long-term sustainability of ASA operations, Congress may wish to consider requiring the Secretary of the Air Force to fully implement the remaining actions identified in our 2009 report within a time period that Congress believes most prudent.

    Agency: Congress
    Status: Open

    Comments: The House Armed Services Committee has included an Aerospace Control Alert (Air Sovereignty Alert) related provision in the Fiscal Year 2013 National Defense Authorization bill that passed the House on May 18, 2012. The provision precluded any changes to the alert status of the 18 alert sites throughout the United States until the enactment of the National Defense Authorization Act for Fiscal Year 2014 or September 30, 2013, whichever of the two dates was later. It also required DOD to submit (1) a consolidated budget exhibit detailing all aspects of the aerospace control alert mission and (2) a report on the cost-benefit analysis and risk-based assessment on the aerospace control alert structure. No further action has been taken on this Matter for Congressional Consideration.
    Director: Cosgrove, James C
    Phone: (202) 512-7114

    1 open recommendations
    Recommendation: To further align Medicare beneficiary use of preventive services with Task Force recommendations, Congress may wish to consider requiring beneficiaries who receive services with a grade of 'D" to share the cost, notwithstanding that cost sharing may not be required for other beneficiaries receiving the same services.

    Agency: Congress
    Status: Open

    Comments: Congress has not yet taken action to require beneficiaries who receive services with a Task Force grade of "D" to share the cost.
    Director: Cackley, Alicia P
    Phone: (202) 512-7022

    1 open recommendations
    Recommendation: To reduce the varying interpretations of LRRA, which have led to uncertainty and disagreements among RRGs and state insurance regulators, and at the same time continue to facilitate the formation and efficient operation of RRGs, Congress may wish to consider clarifying certain LRRA provisions. For example, clarifying whether (1) RRG registration requirements beyond those currently specified in LRRA are permitted in nondomiciliary states and (2) fees in addition to premium and other taxes could be charged to RRGs by nondomiciliary states in which they operate. Congress may also wish to consider providing a more specific definition of the types of insurance coverage permitted under LRRA.

    Agency: Congress
    Status: Open

    Comments: As of August 2017, Congress had not taken actions to clarify the provisions we had noted within the Liability Risk Retention Act as causing some uncertainty among risk retention groups and state insurance regulators.
    Director: Yocom, Carolyn L
    Phone: (202)512-4931

    1 open recommendations
    Recommendation: To ensure that federal funding efficiently and effectively responds to the countercyclical nature of the Medicaid program, Congress may wish to consider enacting an FMAP formula that is targeted for variable state Medicaid needs and provides automatic, timely, and temporary increased FMAP assistance in response to national economic downturns.

    Agency: Congress
    Status: Open

    Comments: On February 10, 2016, GAO testified on considerations related to the Medicaid funding formula. See Medicaid: Changes to Funding Formula Could Improve Allocation of Funds to States GAO-16-377T January 26, 2016. We also cited this report in our discussion on Medicaid funding during economic downturns in Medicaid: Key Policy and Data Considerations for Designing a Per Capita Cap on Federal Funding(GAO-16-726).
    Director: White, James R
    Phone: (202)512-3000

    1 open recommendations
    Recommendation: Congressmay wish to consider amending the Internal Revenue Code to authorize IRS to assess penalties on preparers for failure to comply with section 6011(e)(3).

    Agency: Congress
    Status: Open

    Comments: A bill was introduced on June 28, 2011, which would have amended electronic filing requirements for paid preparers. This included language amending section 6695 of the Internal Revenue Code to include a penalty of $50 for failure to electronically file returns under section 6011 (e)(3). However, this bill was never enacted. As of March 2017, there are no bills pending that would provide IRS with authority to penalize paid preparers for failure to electronically file returns as GAO recommended
    Director: White, James R
    Phone: (202)512-5594

    1 open recommendations
    Recommendation: Congress may wish to consider instituting a penalty on non-material advisor promoters for failing to provide investor lists to IRS within a specified time period when requested, comparable to the 20-business-day requirement for material advisors.

    Agency: Congress
    Status: Open

    Comments: As of March 2017, we have not identified legislative action in the 114th or 115th Congress or any enacted legislation since 2011 amending section 6111 (disclosure of reportable transactions including the definition of a material advisor), section 6112 (requirement to keep lists of investors) or section 6708 (imposing the penalty for failure to maintain and provide lists to IRS).
    Director: White, James R
    Phone: (202)512-5594

    1 open recommendations
    Recommendation: To ensure that IRS can adequately enforce certain tax provisions, Congress may wish to consider providing IRS with MEA to use tax return information from previous years to ensure that taxpayers do not improperly claim credits or deductions in excess of lifetime limits where applicable.

    Agency: Congress
    Status: Open

    Comments: As of April 2017, Congress had not yet provided IRS with math error authority (MEA) to use tax return information from previous years to ensure that taxpayers do not improperly claim credits or deductions in excess of lifetime limits.
    Director: Cosgrove, James C
    Phone: (202)512-7029

    1 open recommendations
    Recommendation: Congress may wish to consider reducing home oxygen payment rates to better align them with home oxygen suppliers' costs.

    Agency: Congress
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Director: Jones, Yvonne D
    Phone: (202)512-3000

    4 open recommendations
    Recommendation: To help ensure that Congress is fully apprised of efforts to resolve a case, Congress may wish to consider amending USERRA to require DOJ and OSC to report on additional time taken to resolve a matter after they decline representation.

    Agency: Congress
    Status: Open

    Comments: As of February 28, 2017, this matter has not yet been considered by Congress.
    Recommendation: To help ensure that that servicemembers who file complaints are adequately being informed of their USERRA complaint process rights in accordance with VBIA 2008, Congress may wish to consider amending USERRA to require DOL to report on the extent to which it is notifying complainants of their USERRA complaint process rights within 5 days of filing a complaint.

    Agency: Congress
    Status: Open

    Comments: As of February 28, 2017, this matter has not yet been considered by Congress.
    Recommendation: To help ensure that DOJ handles state cases as expediently as private employer cases, Congress may wish to consider amending USERRA to specifically require DOJ to adhere to the same 60-day deadline for state employer matters that they must adhere to for matters against private employers.

    Agency: Congress
    Status: Open

    Comments: As of February 28, 2017, this matter has not yet been considered by Congress.
    Recommendation: To help ensure that servicemembers in state employer cases are kept apprised of the status of DOJ's decision making without potentially compromising DOJ's ability to successfully bring suit against state employers, Congress may wish to consider amending USERRA to require DOJ to notify these servicemembers of the status of DOJ's efforts.

    Agency: Congress
    Status: Open

    Comments: As of February 28, 2017, this matter has not yet been considered by Congress.
    Director: Scire, Mathew J
    Phone: (202)512-6794

    1 open recommendations
    Recommendation: To strengthen accountability and transparency in FHA's management of the Fund, Congress may wish to consider clarifying (1) the definition of the Fund's capital ratio--specifically, whether the denominator of the ratio was intended to be the amortized insurance-in-force; (2) the definition of the phrase "established target subsidy rate" used in HERA; and (3) the nature and extent of information that FHA should be reporting on subsidy rates pursuant to HERA, recognizing that subsidy rates are generally only reestimated once a year under current budget processes.

    Agency: Congress
    Status: Open

    Comments: As of July 2017, Congress has not acted on this matter for consideration.
    Director: Mccool, Thomas J
    Phone: (202)512-8678

    1 open recommendations
    Recommendation: In developing legislation for a national reporting system for the biological laboratory community, Congress may wish to consider provisions for the agency it designates as responsible for the system to take into account the following in design and implementation: (1) including stakeholders in setting system goals; (2) assessing labs' organizational culture to guide design and implementation decisions; (3) making reporting voluntary, with open-reporting formats that allow workers to report events in their own words and that can be submitted by all workers in a variety of modes (Web or postal), with the option to report to either an internal or external entity; (4) incorporating strong reporter protections, data deidentification measures, and other incentives for reporting; (5) developing feedback mechanisms and an industry-level entity for disseminating safety data and safety recommendations across the lab community; and (6) ensuring ongoing monitoring and evaluation of the safety reporting system and safety culture.

    Agency: Congress
    Status: Open

    Comments: Congress has not taken action on this recommendation.
    Director: Dillingham, Gerald L
    Phone: (202) 512-4803

    1 open recommendations
    Recommendation: If Congress determines that the benefit of added revenue to the Airport and Airway Trust Fund from taxation of optional airline service fees, such as baggage fees, is of importance, then it may wish to consider amending the Internal Revenue Code to make mandatory the taxation of certain or all airline imposed fees and to require that the revenue be deposited in the Airport and Airway Trust Fund.

    Agency: Congress
    Status: Open

    Comments: As of June 2017, Congress has not yet taken action regarding this matter. While amendments have been offered to change the tax treatment of airline fees, none of these amendments have been passed into law. We will continue to monitor this matter and will provide updated information.
    Director: White, James
    Phone: (202) 512-9039

    2 open recommendations
    Recommendation: Given the increasing extent of business travel to the U.S. and the eroding effect of inflation, Congress may wish to consider raising the amount of U.S. income paid by a foreign employer that is exempt from tax for nonresidents who meet the other conditions of the exemption.

    Agency: Congress
    Status: Open

    Comments: As of August 2017, the Congress had not raised the amount of U.S. income paid by a foreign employer that is exempt from tax for nonresidents who meet the other conditions of the exemption.
    Recommendation: Given the difficulty of enforcing the requirement for aliens to obtain certificates of compliance--sailing permits--before departing the country and the existence of withholding requirements and tax treaties, Congress may wish to consider eliminating the sailing permit requirement.

    Agency: Congress
    Status: Open

    Comments: As of August 2017, the Congress has not eliminated the sailing permit requirement.
    Director: White, James
    Phone: (202) 512-3000

    1 open recommendations
    Recommendation: The Congress may wish to consider broadening IRS's ability to use math error authority (MEA), with appropriate safeguards against misuse of that authority.

    Agency: Congress
    Status: Open

    Comments: Congress has expanded IRS's math error authority in certain circumstances, but not as broadly as we suggested in February 2010. Congress enacted legislation in December 2015 that expands the circumstances in which IRS may use math error authority. Section 208 of division Q of the Consolidated Appropriations Act, 2016 (Public Law 114-113) gives IRS the authority to use math error authority if (1) a taxpayer claimed the Earned Income Tax Credit, Child Tax Credit, or the American Opportunity Tax Credit (AOTC) during the period in which a taxpayer is not permitted to claim such credit as a consequence of either having made a prior fraudulent or reckless claim; or (2) a taxpayer omitted information required to be reported because the taxpayer made prior improper claims of the Child Tax Credit or the AOTC. While expanding math error authority is consistent with what we recommended Congress consider, we had suggested that math error authority be authorized on a broader basis with appropriate controls rather than on a piecemeal basis. Our previous work has identified additional tax provisions for which expanded math error authority would be helpful, such as the First-Time Homebuyer Credit, Individual Retirement Accounts, and Residential Energy Property Credit. While Congress expanded math error authority for the First-Time Homebuyer Credit in November 2009 and for other individual credits as previously described, we maintain that a broader authorization of math error authority with appropriate controls would enable IRS to correct obvious noncompliance, would be less intrusive and burdensome to taxpayers than audits, and would potentially help taxpayers who underclaim tax benefits to which they are entitled. If Congress decides to extend broader math error authority to IRS, controls may be needed to ensure that this authority is used properly. Our prior work identified potential controls, such as requiring IRS to report on its use of math error authority. The administration also requested that Congress grant the Department of the Treasury regulatory authority to expand IRS's use of math error authority as part of its budget submission for fiscal year 2017. The 114th Congress did not provide Treasury with such authority. The Joint Committee on Taxation estimated this change could raise $274 million through fiscal years 2018 through 2026.
    Director: White, James R
    Phone: (202)512-9039

    1 open recommendations
    Recommendation: Should the program be extended beyond 2009, to ensure that the maximum amount of capital ends up in low-income community businesses, Congress may wish to consider offering grants to CDEs that would provide the funds to low-income community businesses. If it does so, Congress may wish to require Treasury to gather appropriate data to assess whether and to what extent the grant program increases the amount of federal subsidy provided to low-income community businesses compared to the NMTC; whether the grant program otherwise affects the success of efforts to assist low-income communities; and how costs for administering the program incurred by the CDFI Fund, CDEs, and investors would change. One option may be for Congress to set aside a portion of funds to be used as grants and a portion to be used as tax credit allocation authority under the current structure of the program in a future allocation round to facilitate comparison of the two program structures.

    Agency: Congress
    Status: Open

    Comments: The Consolidated Appropriations Act of 2016 extended the NMTC through 2019 (Public Law 114-113). However, the act did not modify the program to include grants in lieu of credits, as GAO suggested in January 2010. The Joint Committee on Taxation estimates the cost of this extension to be approximately $2.6 billion. As of June 2017, Congress has not taken additional action that would address this matter for consideration.
    Director: Stephenson, John B
    Phone: (202)512-6225

    1 open recommendations
    Recommendation: Because EPA alone cannot address the complexities of the nation's challenges in addressing environmental health risks for children, Congress may wish to consider re-establishing a government-wide task force on children's environmental health risks, similar to the one previously established by Executive Order 13045 and co-chaired by the Administrator of EPA and the Secretary of Health and Human Services. Congress may wish to consider charging it with identifying the principal environmental health threats to children and developing national strategies for addressing them. Congress may also wish to consider establishing in law the Executive Order's requirement for periodic reports about federal research findings and research needs regarding children's environmental health.

    Agency: Congress
    Status: Open

    Comments: As of December 2016, we have not identified actions by the Congress to establish in law requirements such as those in EO 13025.
    Director: Scire, Mathew J
    Phone: (202)512-6794

    1 open recommendations
    Recommendation: To the extent that the CDBG program continues to be the primary vehicle used to provide post-disaster assistance for permanent housing, Congress may wish to consider providing more specific direction regarding the distribution of disaster-related CDBG assistance that states are to provide for homeowners and renters. If Congress wishes to change the proportion of assistance directed to homeowners and rental property owners in future recovery efforts, Congress could, for example, require states to demonstrate to HUD that they are adequately addressing the needs of both homeowners and renters with their CDBG allocation and other resources as a condition for receiving funds. Alternatively, Congress could direct HUD to develop a formula that accounts for the housing needs of both homeowners and renters. Such a formula could be used by states to determine the proportions of their disaster CDBG funds that should be used for housing, specifically rental housing. Further, the formula could also reflect the anticipated production levels of other programs that provide permanent housing assistance, such as the Low-Income Housing Tax Credit program.

    Agency: Congress
    Status: Open

    Comments: Since the Gulf Coast hurricanes, Congress appropriated CDBG Disaster Funding for subsequent disasters, including $16 billion to assist recovery in areas affected by Hurricane Sandy and other eligible events in calendar years 2011, 2012, and 2013. According to Pub. L. No. 113-2, Congress did not require states to demonstrate to HUD that they were adequately addressing the needs of both homeowners and renters. Moreover, Congress does not appear to have directed HUD to develop a formula that accounts for the housing needs of both homeowners and renters. As of January 2017, no CDBG appropriations for disaster relief have addressed this issue.
    Director: Brostek, Michael
    Phone: (202)512-9039

    1 open recommendations
    Recommendation: To improve compliance with shareholder basis rules, Congress may wish to require S corporations to calculate and report shareholder's stock and debt basis as completely as possible. S corporations would report the calculation on the Schedule K-1 and send it to shareholders as well as IRS. If Congress judges that stock purchase price information that is currently only available to shareholders should not be transmitted to the S corporation due to privacy concerns, an alternative is to require that S corporations report less complete basis calculations using information already available to the S corporation.

    Agency: Congress
    Status: Open

    Comments: As of March 2017, Congress had not enacted legislation to require S corporations--a federal business type that provides certain tax benefits like passing income and losses to shareholders' individual returns-- to calculate and report shareholder's stock and debt basis as completely as possible and report the calculation to shareholders and IRS, as GAO suggested in December 2009.
    Director: White, James R
    Phone: (202)512-5594

    1 open recommendations
    Recommendation: Congress may wish to consider providing IRS with math error authority (MEA) to use prior years' tax return information to automatically verify taxpayers' compliance with the limit on the number of years the Hope credit can be claimed.

    Agency: Congress
    Status: Open

    Comments: As of August 3, 2017, Congress has not provided IRS with math error authority (MEA) to use prior years' tax return information to automatically verify taxpayers' compliance with the limit on the number of years the Hope Scholarship Credit, now known as the American Opportunity Tax Credit (AOTC) can be claimed. The AOTC can be claimed by taxpayers for qualified tuition and related expenses for 4 years of postsecondary education. Under the Protecting Americans From Tax Hikes Act of 2015, IRS was granted MEA to disallow a claim for the AOTC if the taxpayer is not permitted to claim the credit due to prior fraudulent or reckless claims, or if the taxpayer omitted information relating to prior improper claims of the credit. IRS does not have authority to automatically deny an AOTC even if the taxpayer claims the credit for more than the 4 allowable years. GAO has in the past provided technical assistance to the House Solutions Caucus in drafting legislative language for a bill on extending MEA to use prior years' returns for verifying compliance with limits on the credit. In addition, the Administration has for many years included a revenue proposal in Treasury's Green Book to provide IRS with "correctable error authority" where the (1) information provided by the taxpayer does not match the information contained in government databases, (2) taxpayer has exceeded the lifetime limit for claiming the credit or deduction, or (3) taxpayer failed to include proper documentation with his or her return. If this revenue proposal was enacted, IRS would have the authority to deny claims for the AOTC if the taxpayer has already received the credit for 4 years.
    Director: White, James R
    Phone: (202)512-3000

    5 open recommendations
    Recommendation: In order to reduce economic inefficiencies and excessive revenue costs resulting from inaccuracies in the base of the research tax credit, Congress should consider eliminating the regular credit option for computing the research credit.

    Agency: Congress
    Status: Open

    Comments: As of February 2017, Congress had not enacted legislation to eliminate the regular computation option for the research tax credit or add a minimum base to the ASC option, as GAO suggested in November 2009. Section 121 of division Q of the Consolidated Appropriations Act, 2016 made permanent the research tax credit (Public Law 114-113). The credit designed to encourage business innovation by providing a subsidy to new research has historically been a temporary provision. However, neither this act nor other enacted legislation has adopted GAO's suggested change to the research tax credit's design. Continued use of the regular computation credit option, which arbitrarily distributes subsidies across taxpayers, can distort investment decisions so that research spending and economic activity are not allocated to sectors that offer the highest returns to society. These misallocations may reduce economic efficiency and, thereby, diminish any economic benefits of the credit.
    Recommendation: In order to reduce economic inefficiencies and excessive revenue costs resulting from inaccuracies in the base of the research tax credit, Congress should consider adding a minimum base to the ASC that equals 50 percent of the taxpayer's current-year qualified research expenses.

    Agency: Congress
    Status: Open

    Comments: As of February 2017, Congress had not enacted legislation to eliminate the regular computation option for the research tax credit or add a minimum base to the ASC option, as GAO suggested in November 2009. Section 121 of division Q of the Consolidated Appropriations Act, 2016 made permanent the research tax credit (Public Law 114-113). The credit designed to encourage business innovation by providing a subsidy to new research has historically been a temporary provision. However, neither this act nor other enacted legislation has adopted GAO's suggested change to the research tax credit's design. Continued use of the regular computation credit option, which arbitrarily distributes subsidies across taxpayers, can distort investment decisions so that research spending and economic activity are not allocated to sectors that offer the highest returns to society. These misallocations may reduce economic efficiency and, thereby, diminish any economic benefits of the credit.
    Recommendation: If Congress nevertheless wishes to continue offering the regular research credit to taxpayers, it may wish to consider reducing inaccuracies in the credit's base and to reduce taxpayers' uncertainty and compliance costs and IRS's administrative costs by updating the historical base period that regular credit claimants use to compute their fixed base percentages.

    Agency: Congress
    Status: Open

    Comments: No action taken by Congress as of February 2017 to update the historical base period that regular credit claimants use to compute their fixed base percentages.
    Recommendation: If Congress nevertheless wishes to continue offering the regular research credit to taxpayers, it may wish to consider reducing inaccuracies in the credit's base and to reduce taxpayers' uncertainty and compliance costs and IRS's administrative costs by eliminating base period recordkeeping requirements for taxpayers that elect to use a fixed base percentage of 16 percent in their computation of the credit.

    Agency: Congress
    Status: Open

    Comments: No action taken by Congress as of February 2017 to eliminate base period recordkeeping requirements for taxpayers that elect to use a fixed base percentage of 16 percent in their computation of the credit.
    Recommendation: If Congress nevertheless wishes to continue offering the regular research credit to taxpayers, it may wish to consider reducing inaccuracies in the credit's base and to reduce taxpayers' uncertainty and compliance costs and IRS's administrative costs by clarifying for Treasury its intent regarding the definition of gross receipts for purposes of computing the research credit for controlled groups of corporations. In particular it may want to consider clarifying that the regulations generally excluding transfers between members of controlled groups apply to both gross receipts and QREs and specifically clarifying how it intended sales by domestic members to foreign members to be treated. Such clarification would help to resolve open controversies relating to past claims, even if the regular credit were discontinued for future years.

    Agency: Congress
    Status: Open

    Comments: No action taken by Congress as of February 2017 to clarify for Treasury its intent regarding the definition of gross receipts for purposes of computing the research credit for controlled groups of corporations. In particular, it may want to consider clarifying that the regulations generally excluding transfers between members of controlled groups apply to both gross receipts and QREs and specifically clarifying how it intended sales by domestic members to foreign members to be treated. Such clarification would help to resolve open controversies relating to past claims, even if the regular credit were discontinued for future years.
    Director: Cosgrove, James C
    Phone: (202)512-7029

    1 open recommendations
    Recommendation: To ensure that savings are realized from the implementation of an MPPR or other policies that reflect efficiencies occurring when services are furnished together, Congress may wish to consider exempting these savings from budget neutrality.

    Agency: Congress
    Status: Open

    Comments: As of May 2017, we are awaiting an update from HHS on the status of this recommendation. We will update the status of this recommendation when we receive additional information.
    Director: White, James R
    Phone: (202)512-5594

    1 open recommendations
    Recommendation: To simplify the burden that the corporate exemption places on payers to distinguish payees' business status and also provide greater information reporting, Congress may wish to consider requiring payers to report payments to corporations on the form 1099 MISC, as we previously suggested and as proposed in the Bush Administration's budget.

    Agency: Congress
    Status: Open

    Comments: No legislative action has been identified to require payers engaged in a trade or business to report on payments to corporations for services, thereby reducing these payers' burden to determine which payments require reporting. On March 23, 2010, Congress enacted section 9006 of the Patient Protection and Affordable Care Act of 2010 (Public Law 111-148), which expanded information reporting to include payments made to corporations, consistent with GAO's January 2009 matter for congressional consideration. The provision also required payers to report payments for property and gross proceeds. The provision was to be effective for payments after December 31, 2011, requiring payers to report beginning in January 2013 on payments to corporations made in 2012 for property or services. However, Congress repealed the provision on April 14, 2011, by section 2 of the Comprehensive 1099 Taxpayer Protection and Repayment of Exchange Subsidy Overpayments Act of 2011 (Public Law 112-9).
    Director: Powner, David A
    Phone: (202)512-6408

    1 open recommendations
    Recommendation: Congress may wish to consider requiring the Departments of Justice, Homeland Security, and Treasury to collaborate on the development and implementation of a joint radio communications solution. Specifically, Congress may wish to consider requiring the departments to (1) establish an effective governance structure that includes a formal process for making decisions and resolving disputes, (2) define and articulate a common outcome for this joint effort, and (3) develop a joint strategy for improving radio communications.

    Agency: Congress
    Status: Open

    Comments: Congress enacted legislation and introduced a few other bills in the House of Representatives during the last Congress that were aimed at improving interoperable communications. However, Congress has not yet passed legislation that would require all three departments to collaborate on a joint communications solution. As a result, GAO maintains that Congress should consider requiring the three departments to collaborate on the development and implementation of a joint radio communications solution in order to improve the interoperability of radio communications systems and potentially achieve savings.
    Director: White, James R
    Phone: (202) 512-5594

    1 open recommendations
    Recommendation: Given the potential for improving compliance now and in the future, Congress may wish to provide IRS with the authority to use math error checks to identify and correct returns with ineligible (1) IRA "catch-up" contributions, and (2) contributions to traditional IRAs from taxpayers over age 70-1/2.

    Agency: Congress
    Status: Open

    Comments: As of April 2017, the Congress has not provided IRS with the math error authority to ensure that taxpayers comply with certain catch-up and contributions requirements.
    Director: Shames, Lisa R
    Phone: (202)512-2649

    2 open recommendations
    Recommendation: To better ensure sufficient oversight and management direction are provided to guide USDA's civil rights efforts, to make responsibility for improvement clear, and to make USDA's performance more transparent, Congress may wish to consider making USDA's Assistant Secretary for Civil Rights subject to a statutory performance agreement.

    Agency: Congress
    Status: Open

    Comments: As of September 2013, action on a new farm bill is pending and it is not known whether Congress will make the Assistant Secretary subject to a performance agreement.
    Recommendation: To better ensure sufficient oversight and management direction are provided to guide USDA's civil rights efforts, to make responsibility for improvement clear, and to make USDA's performance more transparent, Congress may wish to consider establishing a USDA civil rights oversight board.

    Agency: Congress
    Status: Open

    Comments: As of September 2013, action on a new farm bill is pending and it is not known whether Congress will establish a USDA civil rights oversight board.
    Director: White, James R
    Phone: (202)512-3000

    1 open recommendations
    Recommendation: To provide clarity for which taxpayers with rental real estate activity must report expense payments on information returns and to provide greater information reporting, Congress may wish to consider amending the Internal Revenue Code to make all taxpayers with rental real estate activity subject to the same information reporting requirements as other taxpayers operating a trade or business.

    Agency: Congress
    Status: Open

    Comments: As of March 2017, no legislation had been identified to make owners of rental real estate subject to the same payment reporting requirements regardless of whether they engaged in a trade or business under current law. In the 112th Congress, Congress enacted the Small Business Jobs Act of 2010 (Public Law 111-240), which contained a provision that required, in general, persons receiving rental income from real estate to be considered engaged in a trade or business and therefore subject to the reporting requirements of section 6041 of the Internal Revenue Code, which was consistent with GAO's August 2008 matter for congressional consideration. However, Congress repealed the provision on April 14, 2011, by section 3 of the Comprehensive 1099 Taxpayer Protection and Repayment of Exchange Subsidy Overpayments Act of 2011 (Public Law 112-9).
    Director: Trimble, David C
    Phone: (202)512-6225

    2 open recommendations
    Recommendation: Congress may wish to consider amending CSB's authorizing statute or the Inspector General Act of 1978 to permanently give Environmental Protection Agency's (EPA) Inspector General the authority to serve as the oversight body for the agency.

    Agency: Congress
    Status: Open

    Comments: Congress has not taken action yet.
    Recommendation: As Congress prepares the appropriation of the EPA Inspector General, it may wish to consider providing the Inspector General with appropriations and staff allocations specifically for the audit function of CSB via a direct line in the EPA appropriation.

    Agency: Congress
    Status: Open

    Comments: Congress has not taken action yet.
    Director: White, James
    Phone: (202)512-3000

    1 open recommendations
    Recommendation: Given the lack of information on IRD users and where property claimed under IRD is placed in service, Congress may wish to consider requiring IRS to collect information identifying which taxpayers use IRD and the reservation and/or address where they have placed the property into service. In deliberating additional requirements, Congress should weigh the need for more IRD information with the associated costs of collecting and analyzing the information as well as the effects on IRS's other priorities.

    Agency: Congress
    Status: Open

    Comments: As of March 2017, we continue to monitor the issue.
    Director: Siggerud, Katherine A
    Phone: (202)512-3000

    1 open recommendations
    Recommendation: Taking action to address the challenges FMCSA faces to ensure that its drug testing program detects drivers who are using illegal drugs, and to keep drivers who have tested positive off the road until they have completed the return-to-duty process, provides an opportunity to improve safety on the roads. In order to assist the Department of Transportation (DOT) and FMCSA in addressing these challenges, and thereby improving road safety, Congress may wish to consider adopting legislation to ban subversion products.

    Agency: Congress
    Status: Open

    Comments: On February 4, 2009, Representative Engel introduced the Drug Testing Integrity Act of 2009 in the House of Representatives. The Act would ban products designed to defraud drug tests. On February 15, 2011 Representative Engel re-introduced the bill, which was referred to the House Committee on Energy and Commerce and then to the Subcommittee on Commerce, Manufacturing, and Trade. Representative Engel re-introduced the bill in the 113th Congress in May of 2013. However, the bill has not been reintroduced since.
    Director: Herr, Phillip R
    Phone: (202)512-8984

    2 open recommendations
    Recommendation: To improve the effectiveness of the federal investment in surface transportation, meet the nation's transportation needs, and ensure a sustainable commitment to transportation infrastructure, Congress may wish to consider reexamining and refocusing surface transportation programs to be responsive to these principles so that they institute tools and approaches to that emphasize the return on the federal investment.

    Agency: Congress
    Status: Open

    Comments: Congress has not yet acted on this recommendation. The Fixing America's Surface Transportation Act (FAST Act; P.L. 114-94), signed into law in December 2015, is due to be reauthorized in fiscal year 2021.
    Recommendation: To improve the effectiveness of the federal investment in surface transportation, meet the nation's transportation needs, and ensure a sustainable commitment to transportation infrastructure, Congress may wish to consider reexamining and refocusing surface transportation programs to be responsive to these principles so that they address the current imbalance between federal surface transportation revenues and spending.

    Agency: Congress
    Status: Open

    Comments: Congress has not yet acted on this recommendation. The Fixing America's Surface Transportation Act (FAST Act; P.L. 114-94), signed into law in December 2015, did not address the current imbalance between federal surface transportation revenues and spending. The Act is due to be reauthorized in fiscal year 2021.
    Director: White, James R
    Phone: (202) 512-9039

    1 open recommendations
    Recommendation: As Congress considers whether tax-exempt governmental bonds should be used for professional sports stadiums that are generally privately used, it may also wish to consider whether other facilities, including hotels and golf courses, that are privately used should continue to be financed with tax-exempt governmental bonds.

    Agency: Congress
    Status: Open

    Comments: No legislative action enacted as of March 2017. A bill was introduced in Congress in February 2017 (H.R. 811) which, if enacted, would, in general, not allow tax-exempt government bonds to be used to finance professional sports stadiums. Reconsidering the tax-exempt status of certain bonds could generate hundreds of millions of dollars in additional federal revenue.
    Director: Iritani, Katherine
    Phone: (212) 512-3000

    2 open recommendations
    Recommendation: Congress may wish to consider requiring increased attention to fiscal responsibility in the approval of section 1115 Medicaid demonstrations by requiring the Secretary of HHS to improve the demonstration review process through steps such as (1) clarifying criteria for reviewing and approving states' proposed spending limits, (2) better ensuring that valid methods are used to demonstrate budget neutrality, and (3) documenting and making public material explaining the basis for any approvals.

    Agency: Congress
    Status: Open

    Comments: As of July 2015, no legislation on this topic had been passed, although at least one bill had been introduced in Congress that would make budget neutrality a statutory requirement for Medicaid demonstrations.The House Energy and Commerce Committee held a hearing in June 2015 examining HHS's approval of spending under Medicaid demonstrations. In addition, the House Oversight and Government Reform and House Energy and Commerce Committees had sent letters to the Administration inquiring as to how HHS was responding to GAO findings and recommendations to improve the process and methods used to set demonstration spending limits.
    Recommendation: Congress may wish to consider addressing whether demonstrations that allow states to operate public managed care organizations and retain excess revenue to support programs previously funded by the state--including the Vermont demonstration--are within the scope of the Secretary of HHS's authority under section 1115 of the Social Security Act.

    Agency: Congress
    Status: Open

    Comments: As of July 2015, Congress had not passed legislation in response to our matter for congressional consideration.
    Director: Siggerud, Katherine A
    Phone: (202)512-6570

    2 open recommendations
    Recommendation: In order to put the Emergency Relief program on a sound financial footing, Congress may wish to consider the expected future demands on the program and reexamine the appropriate level and sources of funding--including whether to increase the $100 million annual authorized funding and whether the Highway Trust Fund, the General Fund, or some combination would allow the program to accomplish its purpose in a fiscally sustainable manner.

    Agency: Congress
    Status: Open

    Comments: As of October 2017, Congress has not yet taken action on this recommendation. The Emergency Relief Program is due to be reauthorized in fiscal year 2021.
    Recommendation: Congress may also wish to consider tightening the eligibility criteria for Emergency Relief funding, either through amending the purpose of the Emergency Relief program, or by directing FHWA to revise its program regulations. Revised criteria could include limitations on the use of Emergency Relief funds to fully finance projects with scope and costs that have grown as a result of environmental and community concerns.

    Agency: Congress
    Status: Open

    Comments: As of October 2017, Congress has not yet taken action on this recommendation. The Emergency Relief Program is due to be reauthorized in fiscal year 2021.
    Director: Shear, William B
    Phone: (202)512-4325

    1 open recommendations
    Recommendation: Congress may wish to consider adding RHS to Section 453 (j)(7) of the Social Security Act, "Information comparisons for housing assistance programs." This action would grant RHS access to the Department of Health and Human Services' National Directory of New Hires for wage-matching purposes. If such access were granted, RHS and the Department of Health and Human Services would have to develop specific procedures to facilitate it.

    Agency: Congress
    Status: Open

    Comments: RHS agrees. The Secretary of the Department of Agriculture (USDA) proposed legislation in May 2012, which would allow the agency access to the National Directory of New Hires (NDNH) administered by the Department of Health and Human Services. The Office of Management and Budget did not move this proposal forward in the President's Budget for fiscal year 2012. USDA subsequently submitted legislative proposals with the President's Budget in fiscal years 2014-2016, seeking Congressional authority for access to NDNH.
    Director: Dyckman, Lawrence J
    Phone: (202)512-9692

    1 open recommendations
    Recommendation: To provide more efficient, consistent, and effective federal oversight of the nation's food supply, Congress should consider commissioning the National Academy of Sciences or a blue ribbon panel to conduct a detailed analysis of alternative organizational food safety structures and report the results of such an analysis to Congress.

    Agency: Congress
    Status: Open

    Comments: The 2002 Farm Security and Rural Investment Act established a national Food Safety Commission charged with making specific recommendations for drafting legislative language. Among other things, the Commission is to make recommendations on how to improve the food safety system, create a harmonized, central framework for managing federal food safety programs, and enhance the effectiveness of federal food safety resources. However, as of January 2017, as far as current staff can ascertain, the Commission was never formed, and no recommendations were ever produced. Thus, although Congress acted to create a food safety commission through legislation, the substance of our matter--recommendations for analyzing alternative food safety structures--was not implemented. GAO subsequently made the same matter for congressional consideration in several later products, and the matter also appeared in the annual DOF report. As of January 2017, no action had been taken. Therefore, in January 2017, we reopened this matter.
    Director:
    Phone:

    1 open recommendations
    Recommendation: Section 630 of the Revenue Act of 1978 restricts IRS' authority to ensure that current and future classifications will be correct. In view of the equity issues and tax revenues involved, Congress may wish to consider repealing this restriction against requiring employers to prospectively reclassify employees who have been misclassified as independent contractors.

    Agency: Congress
    Status: Open

    Comments: Call 202/512-6100 for additional information.