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    Results:

    Subject Term: "Congressional-Executive relations"

    4 publications with a total of 11 open recommendations including 7 priority recommendations
    Director: Charles Michael Johnson, Jr.,
    Phone: (202) 512-7331

    1 open recommendations
    Recommendation: To help ensure that Congress has the information it needs on the President's use of drawdown authority, the Secretary of Defense should direct the Defense Security Cooperation Agency to report more frequently to Congress on information outlined in Section 506(b)(2) of the Foreign Assistance Act, as amended, even if delivery of all the articles and services authorized has not been completed, or if the crisis is still ongoing.

    Agency: Department of Defense
    Status: Open

    Comments: The Secretary of Defense agreed with this recommendation. In December 2016, the Defense Security Cooperation Agency provided 506 reports to Congress. As of April 2017, there were no additional uses of the 506 authority.
    Director: Maurer, Diana C
    Phone: (202) 512-9627

    6 open recommendations
    including 5 priority recommendations
    Recommendation: The Secretary of Homeland Security should designate the headquarters consolidation program a major acquisition, consistent with DHS acquisition policy, and apply DHS acquisition policy requirements.

    Agency: Department of Homeland Security
    Status: Open
    Priority recommendation

    Comments: In alignment with GAO's recommendation, on September 16, 2014, DHS issued an Acquisition Decision Memorandum designating the DHS-funded portions of the headquarters consolidation program as a Major Acquisition Program to be overseen by the departmental Acquisition Review Board (ARB). DHS made further progress implementing this recommendation by conducting and documenting an ARB of the program on November 15, 2016. The ARB process provided DHS greater oversight of headquarters consolidation, and provided a forum for officials to consider a wide range of issues affecting consolidation efforts, such as funding and project scope. However, DHS and General Services Administration (GSA) were required to revise their cost and schedule estimates subsequent to the ARB's review. In addition, as of March 2017, DHS, in coordination with GSA, had not submitted the report to Congress on DHS Headquarters Consolidation mandated by Pub. L. No. 114-150. GAO will reassess the status of this recommendation after cost and schedule estimates are finalized and DHS and GSA submit the required report to Congress, i.e., when there is more certainty about the future direction of the project overall and DHS's funded portion in particular.
    Recommendation: In order to improve transparency and allow for more informed decision making by congressional leaders and DHS and GSA decision-makers, before requesting additional funding for the DHS headquarters consolidation project, the Secretary of Homeland Security and the Administrator of the General Services Administration should work jointly to conduct the following assessments and use the results to inform updated DHS headquarters consolidation plans: (1) a comprehensive needs assessment and gap analysis of current and needed capabilities that take into consideration changing conditions, and (2) an alternatives analysis that identifies the costs and benefits of leasing and construction alternatives for the remainder of the project and prioritizes options to account for funding instability.

    Agency: Department of Homeland Security
    Status: Open
    Priority recommendation

    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, and an analysis that identifies the costs and benefits of leasing and construction alternatives for the remainder of the consolidation project. DHS and GSA have made significant progress in developing a revised plan for headquarters consolidation since 2014, including the completion of a business case analysis to support the new plan. GAO will review the latest information on DHS headquarters consolidation efforts when it is provided to Congress, and will assess the materials in the context of this recommendation at that time. Continued DHS and GSA attention to following leading capital planning practices is critical given the project's multi-billion dollar cost and impact on future departmental operations.
    Recommendation: In order to improve transparency and allow for more informed decision making by congressional leaders and DHS and GSA decision-makers, before requesting additional funding for the DHS headquarters consolidation project, the Secretary of Homeland Security and the Administrator of the General Services Administration should work jointly to conduct the following assessments and use the results to inform updated DHS headquarters consolidation plans: (1) a comprehensive needs assessment and gap analysis of current and needed capabilities that take into consideration changing conditions, and (2) an alternatives analysis that identifies the costs and benefits of leasing and construction alternatives for the remainder of the project and prioritizes options to account for funding instability.

    Agency: General Services Administration
    Status: Open
    Priority recommendation

    Comments: GSA agreed with both recommendations to conduct a comprehensive needs assessment and gap analysis and to update cost and schedule estimates. The Department of Homeland Security Headquarters Consolidation Accountability Act of 2015 (Pub. L. No. 114-150), enacted on April 29, 2016, mirrors GAO recommendations in this area. Among other things, the act requires DHS, in coordination with GSA, to submit information to Congress about DHS's 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 needs assessment, a costs and benefits analysis, and updated cost and schedule estimates. Furthermore, the act requires the Comptroller General to evaluate the cost and schedule estimates not later than 90 days after their submittal to Congress. DHS and GSA have made significant progress in developing an Enhanced Plan for headquarters consolidation since 2014, including the completion of a business case analysis to support the new plan. In addition, GSA is leading efforts to revise the project's cost and schedule estimates, and according to GSA officials, the revised figures will take into account GAO's leading cost-estimation practices. We will review the latest information on DHS's headquarters consolidation efforts when it is provided to Congress, and will assess the materials in the context of these recommendations at that time. Continued DHS and GSA attention to following leading practices for capital planning and cost and schedule estimation is critical given the project's multi-billion dollar cost and impact on future departmental operations.
    Recommendation: In order to improve transparency and allow for more informed decision making by congressional leaders and DHS and GSA decision-makers, before requesting additional funding for the DHS headquarters consolidation project, after revising the DHS headquarters consolidation plans, the Secretary of Homeland Security and the Administrator of the General Services Administration should work jointly to develop revised cost and schedule estimates for the remaining portions of the consolidation project that conform to GSA guidance and leading practices for cost and schedule estimation, including an independent evaluation of the estimates.

    Agency: Department of Homeland Security
    Status: Open
    Priority recommendation

    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 updated cost and schedule estimates for the consolidation 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. GSA is leading efforts to revise project cost and schedule estimates, and according to GSA officials, the revised figures will take into account GAO's leading estimation practices. GAO will review the latest DHS headquarters consolidation cost and schedule estimates when they are provided to Congress, and will assess the materials in the context of this recommendation at that time. Continued DHS and GSA attention to following leading cost and schedule estimation practices is critical given the project's multi-billion dollar cost and impact on future departmental operations.
    Recommendation: In order to improve transparency and allow for more informed decision making by congressional leaders and DHS and GSA decision-makers, before requesting additional funding for the DHS headquarters consolidation project, after revising the DHS headquarters consolidation plans, the Secretary of Homeland Security and the Administrator of the General Services Administration should work jointly to develop revised cost and schedule estimates for the remaining portions of the consolidation project that conform to GSA guidance and leading practices for cost and schedule estimation, including an independent evaluation of the estimates.

    Agency: General Services Administration
    Status: Open
    Priority recommendation

    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 updated cost and schedule estimates for the consolidation 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. GSA is leading efforts to revise project cost and schedule estimates, and according to GSA officials, the revised figures will take into account GAO's leading estimation practices. GAO will review the latest DHS headquarters consolidation cost and schedule estimates when they are provided to Congress, and will assess the materials in the context of this recommendation at that time. Continued DHS and GSA attention to following leading cost and schedule estimation practices is critical given the project's multi-billion dollar cost and impact on future departmental operations.
    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

    3 open recommendations
    including 2 priority 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.
    Recommendation: The Commissioner of Internal Revenue should track the results of large partnerships audits: (a) define a large partnership based on asset size and number of partners; (b) revise the activity codes to align with the large partnership definition; and (c) separately account for field audits and campus audits.

    Agency: Department of the Treasury: Internal Revenue Service
    Status: Open
    Priority recommendation

    Comments: No executive action taken. IRS said that it plans to address parts of GAO's September 2014 recommendation about tracking the audit results on large partnerships but has not yet done so. In November 2014, IRS said that it plans to define large partnerships using asset size and the number of partners and to find an alternative method to account for field and campus large partnership cases using existing capabilities, but that revising IRS's activity codes to enable it to track large partnership audits would be dependent on future funding. In March 2017, IRS told GAO that it would need until September 2017 to address this recommendation as IRS continues to monitor efforts to implement the Bipartisan Budget Act (BBA). Section 1101 of the Bipartisan Budget Act of 2015 (Public law 114-74), which was enacted in November 2015, includes provisions that repeal TEFRA audit procedures and put in place audit procedures that would require partnerships with more than 100 partners to pay audit adjustments at the partnership level, among other changes. IRS explained that these changes significantly alter the procedural and administrative components of partnerships. IRS said it would need this additional time to analyze options and determine the most appropriate steps for effectively tracking the results of large partnership audits. Without changes to tracking partnership audit results, IRS cannot conduct analysis to identify ways to better plan and use IRS resources in auditing large partnerships as well as analyze whether large partnerships present a high noncompliance risk.
    Recommendation: The Commissioner of Internal Revenue should analyze the audit results by these activity codes and types of audits to identify opportunities to better plan and use IRS resources in auditing large partnerships.

    Agency: Department of the Treasury: Internal Revenue Service
    Status: Open
    Priority recommendation

    Comments: As of October 2016, the Internal Revenue Service (IRS) said that based on completion of GAO's recommendations on tracking results and after sufficient large partnership audit results have been obtained, it still plans to conduct a study to analyze these results and recommend any ways in which resource use can be improved. IRS still expects to complete this analysis by September 2018.
    Director: Michelle Sager
    Phone: (202) 512-6806

    1 open recommendations
    Recommendation: To improve transparency in the rulemaking process, provide agencies and the public with information on why regulations are considered to be significant regulatory actions, and promote consistency in the designation of rules as significant regulatory actions, the Director of the Office of Management and Budget should work with agencies to clearly communicate the reasons for designating a regulation as a significant regulatory action. Specifically, OMB should encourage agencies to clearly state in the preamble of final significant regulations the section of Executive Order 12866's definition of a significant regulatory action that applies to the regulation.

    Agency: Executive Office of the President: Office of Management and Budget
    Status: Open

    Comments: In a May 14, 2015 letter to the Chairman of the Senate Committee on Homeland Security and Governmental Affairs, the Director of OMB stated that nothing in the Executive Order 12866 prevents agencies from identifying the particular relevant definition of significance in rules, and that some rules do contain this information. However, OMB believes it is appropriate to leave agencies flexibility in how they comply with Executive Order 12866, since such specific procedures for including such information is not a requirement of the Executive Order itself. As of February 2017, the Office of Information and Regulatory Affairs has not taken action. We will continue to monitor this to see whether action is taken.