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    Federal Agency: "Department of Labor"

    44 publications with a total of 92 open recommendations including 6 priority recommendations
    Director: Carol C. Harris
    Phone: (202) 512-4456

    5 open recommendations
    Recommendation: The Secretary of Labor should ensure that the Department's Chief Information Officer verifies the completeness of DOL's inventory of current telecommunications assets and services and establishes a process for ongoing maintenance of the inventory. (Recommendation 7)

    Agency: Department of Labor
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: The Secretary of Labor should ensure that the Department's Chief Information Officer identifies the agency's future telecommunications needs, completes a strategic analysis of the agency's telecommunications requirements, and incorporates the requirements into transition planning. (Recommendation 8)

    Agency: Department of Labor
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: The Secretary of Labor should ensure that the Department's Chief Information Officer identifies transition-related roles and responsibilities related to the management of assets, human capital, and information security, and legal expertise; develops a transition communications plan; and uses project, configuration, and change-management processes in DOL's transition (Recommendation 9)

    Agency: Department of Labor
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: The Secretary of Labor should ensure that the Department's Chief Information Officer identifies the resources needed for the full transition, develops justifications for the costs of changes to hardware and software, identifies staff resources needed for the remainder of the transition, and analyzes training needs for staff assisting with the transition. (Recommendation 10)

    Agency: Department of Labor
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: The Secretary of Labor should ensure that the Department's Chief Information Officer identifies transition risks related to information security, critical systems, and continuity of operations, and identifies mission-critical priorities in DOL's transition timeline. (Recommendation 11)

    Agency: Department of Labor
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Director: William B. Shear
    Phone: (202) 512-8678

    1 open recommendations
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Secretary of Labor should comply with sections 15(k)(2) and (k)(15) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    Agency: Department of Labor
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Director: David A. Powner
    Phone: (202) 512-9286

    1 open recommendations
    Recommendation: The Secretaries of Agriculture, Commerce, Defense, Homeland Security, Energy, HHS, Interior, Labor, State, Transportation, Treasury, and VA; the Attorney General of the United States; the Administrators of EPA, GSA, and SBA; the Director of OPM; and the Chairman of NRC should take action to, within existing OMB reporting mechanisms, complete plans describing how the agency will achieve OMB's requirement to implement automated monitoring tools at all agency-owned data centers by the end of fiscal year 2018.

    Agency: Department of Labor
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Director: David Powner
    Phone: (202) 512-9286

    2 open recommendations
    Recommendation: The following 17 agencies (the Secretaries of the Departments of Commerce, Defense, Energy, Health and Human Services, Interior, Labor, State, Transportation, Treasury, and Veterans Affairs; the Attorney General; and the Administrators of the Environmental Protection Agency, National Aeronautics and Space Administration, Small Business Administration, and U.S. Agency for International Development; the Chairman of the Nuclear Regulatory Commission; and the Commissioner of the Social Security Administration) should each take action to complete the missing elements in their respective DCOI strategic plan, including addressing any identified challenges, and submit their completed strategic plan to OMB.

    Agency: Department of Labor
    Status: Open

    Comments: The Department of Labor has not yet taken action to implement our recommendation. We will continue to monitor the department's efforts to address the recommendation.
    Recommendation: Finally, the following 11 agencies (the Secretaries of the Departments of Commerce, Education, Health and Human Services, Interior, Labor, State, Transportation, and Treasury; the Administrators of the Environmental Protection Agency, General Services Administration, and the U.S. Agency for International Development) should also each take action to ensure that the amounts of achieved data center cost savings and avoidances are consistent across all reporting mechanisms, including the quarterly data submissions and DCOI strategic plans.

    Agency: Department of Labor
    Status: Open

    Comments: The Department of Labor has not yet taken action to implement our recommendation. We will continue to monitor the department's efforts to address the recommendation.
    Director: Marie Mak
    Phone: (202) 512-4841

    2 open recommendations
    Recommendation: To ensure that IGCEs contain key information consistent with good cost estimating practices, the Secretaries of Education, Health and Human Services, Housing and Urban Development, and Labor should revise or clarify guidance to require that IGCEs document data sources, methodology, and assumptions, and take steps to help ensure that guidance is followed by, for example, providing training or issuing reminders to officials to include this information when developing IGCEs.

    Agency: Department of Labor
    Status: Open

    Comments: DOL agreed with the recommendation and stated that it will review guidance and training on independent government estimates.
    Recommendation: To ensure that IGCEs are optimized as a tool in the procurement planning process, the Secretaries of Defense, Education, Health and Human Services, Homeland Security, Housing and Urban Development, and Labor should take steps to ensure that, when appropriate, contracting staff document differences between IGCE and final contract award value in the contract file.

    Agency: Department of Labor
    Status: Open

    Comments: DOL agreed with the recommendation and stated that it will review continue to work with contracting officials to ensure proper documentation and issue a policy on this issue no later than the end of fiscal year 2017.
    Director: Jacqueline M. Nowicki
    Phone: (617) 788-0580

    1 open recommendations
    Recommendation: To implement the goals and policy priorities of the 2020 Federal Youth Transition Plan, the Federal Partners in Transition (FPT) workgroup--the Secretaries of HHS, Education, Department of Labor, and the Commissioner of the Social Security Administration--should develop a long-term implementation plan that includes milestones and specific agency roles and assignments.

    Agency: Department of Labor
    Status: Open

    Comments: DOL agreed with this recommendation but has not yet taken action to implement it.
    Director: Yvonne Jones
    Phone: (202) 512-6806

    3 open recommendations
    Recommendation: To support the consistent application of agency telework policy throughout the agency, the Secretaries of the Departments of Education and Labor and the Chair of the Securities and Exchange Commission should implement controls to verify that supervisors have completed telework training prior to entering into telework agreements with their employees and that completion of this training is documented.

    Agency: Department of Labor
    Status: Open

    Comments: In a letter to GAO dated May 26, 2017, the Department of Labor stated that the department currently offers interactive manager/supervisor telework training to all supervisors, the completion of which is documented in the managers and supervisors training records. However, officials said this training is strongly encouraged but not required. In response to the recommendation, the Department of Labor will look at expanding its telework policy to make completion of this interactive training course mandatory for all managers and supervisors, and to implement actions to support any revised policy by September 30, 2018. When we confirm that Labor has completed these actions, we will provide updated information.
    Recommendation: To help ensure that telework agreements accurately reflect telework participation, and to further ensure the accuracy of telework data reported internally and externally, the Secretary of the Department of Labor, the Administrator of the General Services Administration, and the Chair of the Securities and Exchange Commission should require documentation of regular or periodic reviews of all telework agreements in agency telework policies.

    Agency: Department of Labor
    Status: Open

    Comments: In a letter to GAO dated May 26, 2017, the Department of Labor stated that the current policy requires supervisors to conduct an annual review of telework agreements to ensure the arrangement is current and the needs of the agency are being met. The Department of Labor will look t expanding this requirement to include a process for documenting annual review, and implement actions to support any revised policy by September 30, 2018. When we confirm that Labor has completed these actions, we will provide updated information.
    Recommendation: To improve the accuracy of telework data transmitted to OPM, the Secretary of the Department of Labor should direct the Chief Human Capital Officer to work with the Telework Managing Officer to develop and implement a plan to modernize Labor's telework agreement tracking system to enable more timely access to accurate telework data.

    Agency: Department of Labor
    Status: Open

    Comments: In a letter to GAO dated May 26, 2017, the Department of Labor stated that it will benchmark best practices used by other Federal agencies to explore options for utilizing its existing telework agreement tracking system to facilitate more timely access to telework agreement data, and implement actions to support new practices by September 30, 2018. When we confirm that Labor has completed these actions, we will provide updated information.
    Director: Heather Krause
    Phone: (202) 512-6806

    1 open recommendations
    Recommendation: To help ensure that ETA continues to have the capacity to achieve its mission and manage changes in demand for services resulting from changes in the broader economy, the Secretary of Labor should direct the Administrator of ETA to systematically gather and evaluate information on the challenges that states faced administering the unemployment insurance program during the recession that began in 2007--such as rapidly ramping up staffing at the start of the recession and ramping down as the economy recovered--and identify and build upon any lessons learned from this experience that could be broadly shared to help the program respond to any changes in workload during a future economic downturn.

    Agency: Department of Labor
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Director: Charles Jeszeck
    Phone: (202) 512-7215

    1 open recommendations
    Recommendation: To help participants better understand eligibility and vesting policies, the Department of Labor (DOL) should develop guidance for plan sponsors that identifies best practices for communicating information about eligibility and vesting policies in a clear manner in summary plan descriptions. For example, DOL could discourage plans from including in documents information about employer contributions or other provisions that are not actually being used by the plan sponsor.

    Agency: Department of Labor
    Status: Open

    Comments: The Department of Labor disagreed with this recommendation stating that it would not be appropriate at this time to reallocate resources from its existing priority projects to a new project to identify "best practices" for communicating information about eligibility and vesting policies in a clear manner in the summary plan descriptions. The agency noted that in FY17, it will review its existing outreach material on plan administration and compliance for opportunities to highlight the issues and recommendations in our report. It will also consider this recommendation in its ongoing development and prioritization of EBSA's agenda for regulations and sub-regulatory guidance.
    Director: David Powner
    Phone: (202) 512-9286

    2 open recommendations
    Recommendation: To improve federal agencies' efforts to rationalize their portfolio of applications, the heads of the Departments of Agriculture, Commerce, Education, Energy, Health and Human Services, Housing and Urban Development, the Interior, Labor, State, Transportation, the Treasury, and Veterans Affairs; and heads of the Environmental Protection Agency; National Aeronautics and Space Administration; National Science Foundation; Nuclear Regulatory Commission; Office of Personnel Management; Small Business Administration; Social Security Administration; and U.S. Agency for International Development should direct their Chief Information Officers (CIOs) and other responsible officials to improve their inventories by taking steps to fully address the practices we identified as being partially met or not met.

    Agency: Department of Labor
    Status: Open

    Comments: In its comments on a draft of our report, the department concurred with our recommendation. Subsequent to the department informing us that it has taken action to implement the recommendation, we will follow up.
    Recommendation: To improve federal agencies' efforts to rationalize their portfolio of applications, the Secretaries of Defense, Homeland Security, the Interior, and Labor; and the Director of the National Science Foundation should direct the CIOs and other responsible officials to modify existing investment management processes to address applications more completely. Specifically, the Secretary of Labor should direct the department's CIO to consider a segmented approach to further rationalize and identify a function for which it would modify existing processes to collect and review application-specific cost, technical, and business value information.

    Agency: Department of Labor
    Status: Open

    Comments: In its comments on a draft of our report, the department concurred with our recommendation. Subsequent to the department informing us that it has taken action to implement the recommendation, we will follow up.
    Director: Brown Barnes, Cindy S
    Phone: (202) 512-7215

    6 open recommendations
    Recommendation: To ensure that federal contractors are complying with equal employment opportunity requirements, the Secretary of Labor should direct the Director of OFCCP to make changes to the contractor scheduling list development process so that compliance efforts focus on those contractors with the greatest risk of not following equal employment opportunity and affirmative action requirements.

    Agency: Department of Labor
    Status: Open

    Comments: The Department of Labor (DOL) agreed with this recommendation and is taking steps to address it. DOL noted its past work to improve its ability to identify federal contractor establishments under its jurisdiction. The agency is also committed to improving the scheduling process and using its resources more efficiently. DOL noted that its recently proposed EEO-1 pay data collection will provide more detailed information on federal contractor compensation disparity patterns, which they believe will strengthen the selection process. Finally, the agency reported that it is committed to improving its ability to focus on contractors with the greatest risk of noncompliance.
    Recommendation: To ensure that federal contractors are complying with equal employment opportunity requirements, the Secretary of Labor should direct the Director of OFCCP to develop a mechanism to monitor AAPs from covered federal contractors on a regular basis. Such a mechanism could include electronically collecting AAPs and contractor certification of annual updates.

    Agency: Department of Labor
    Status: Open

    Comments: The Department of Labor agreed with this recommendation and reported that it will fully explore the operational implications and funding requirements.
    Recommendation: To ensure that federal contractors are complying with equal employment opportunity requirements, the Secretary of Labor should direct the Director of OFCCP to make changes to the current scheduling list distribution process so that it addresses changes in human capital and does not rely exclusively on geographic location.

    Agency: Department of Labor
    Status: Open

    Comments: The Department of Labor (DOL) agreed with this recommendation. DOL reported that it will explore the logistics of non-geographically based compliance evaluations in its review of contractors with Functional Affirmative Action Programs. The agency will also explore establishment based cross-regional case transfers, and continue to implement improved case distribution approaches in future scheduling lists.
    Recommendation: To ensure that federal contractors are complying with equal employment opportunity requirements, the Secretary of Labor should direct the Director of OFCCP to provide timely and uniform training to new staff, as well as provide continuing training opportunities to assist compliance officers in maintaining a level of competence to help ensure quality and consistency of evaluations across regions and district offices.

    Agency: Department of Labor
    Status: Open

    Comments: The Department of Labor agreed with this recommendation and noted past and future efforts to address it. To date, the agency has conducted many webinars to build staff knowledge and skills; implemented a Front Line Manager Leadership Development Program to enhance leadership and technical skills; hosted an all-staff regional training in FY16 to hone the staff's technical skills; developed a training plan in FY16 to assess employee training needs and address the needs of compliance officers at various stages of their careers; and conducted a training needs assessment in FY16 to identify the performance requirements and competencies needed by agency staff. Based on the results of the needs assessment, the agency plans to develop the "Compliance Officer Continuous Education Success Program," a three-year program to ensure that compliance officers receive timely and consistent instruction. They will also formalize its use of training-related work groups to ensure training is responsive to employer needs, and leverage different instructional methods, such as classroom and web-based training.
    Recommendation: To ensure that federal contractors are complying with equal employment opportunity requirements, the Secretary of Labor should direct the Director of OFCCP to review outreach and compliance assistance efforts and identify options for improving information provided to federal contractors and workers to enhance their understanding of nondiscrimination and affirmative action requirements to ensure equal employment opportunities for protected workers.

    Agency: Department of Labor
    Status: Open

    Comments: The Department of Labor (DOL) agreed with this recommendation and is taking steps to address it. The agency plans to expand stakeholder engagement practices, such as consultations with federal contractors, to determine what additional guidance is needed to support contractor compliance with OFCCP regulations and increase contractor awareness of resources, such as its Help Desk and EEO Tabulation. OFCCP will also build on prior outreach that has included live and virtual events (e.g., focus groups, round tables) and explore ways to disseminate promising practices.
    Recommendation: To ensure that federal contractors are complying with equal employment opportunity requirements, the Secretary of Labor should direct the Director of OFCCP to assess existing contractor guidance for clarity to ensure that contractors have information that helps them better understand their responsibilities regarding nondiscrimination and affirmative action requirements to ensure equal employment opportunities for protected workers.

    Agency: Department of Labor
    Status: Open

    Comments: The Department of Labor agreed with this recommendation. The agency noted past efforts demonstrating its commitment to quality guidance, such as by increasing online resources and tools available to stakeholders, and revising outdated regulations and guidance with input from stakeholders.
    Director: Jeszeck, Charles A
    Phone: (202) 512-7215

    7 open recommendations
    including 1 priority recommendation
    Recommendation: The Secretary of the Department of Labor (DOL) should help encourage plan sponsors to offer lifetime income options by clarifying the safe harbor from liability for selecting an annuity provider by providing sufficiently detailed criteria to better enable plan sponsors to comply with the safe harbor requirements related to assessing a provider's long-term solvency.

    Agency: Department of Labor
    Status: Open

    Comments: DOL stated that a clarification might erode consumer protections by degrading the oversight of fiduciaries making such selections and suggested that the plan fiduciaries outsource these decisions to a financial institution as an investment manager under Section 3(38) of ERISA. While we recognize the challenging process for plan sponsors prudently offering an in-plan annuity, we believe this strategy relies on a plan having access to something specific: a deferred annuity embedded in a target date fund and very few plans offer deferred annuities. It is not clear whether such a service would be available and affordable to the bulk of 401(k) plan sponsors.
    Recommendation: The Secretary of the DOL should help encourage plan sponsors to offer lifetime income options by considering providing legal relief for plan fiduciaries offering an appropriate mix of annuity and withdrawal options, upon adequately informing participants about the options, before participants choose to direct their investments into them.

    Agency: Department of Labor
    Status: Open
    Priority recommendation

    Comments: DOL stated that it is open to considering alternative regulatory approaches, and will include the recommendations as part of its ongoing development and prioritization of its agenda. DOL commented that the statutory structure explicitly provided by section 404(c) of ERISA pertaining to "investments" may not extend to annuities, although annuities are included as qualified default investment alternatives already. They also expressed concern that it might move the responsibility for the selection of the annuity provider to the participant, although DOL officials told us they believe plan fiduciaries maintain investment selection responsibility currently under 404(c). DOL suggested an alternative outsourcing solution to put the evaluation of the annuity provider in the hands of fiduciaries with financial expertise without the need of a regulation to reduce the obligations fiduciaries have to protect participants' interests. However, we believe this focuses solely on annuities and does not address the need for the same broad array of alternatives and information about them that 404(c) creates in the accumulation phase. We will close this recommendation when DOL either determines internally that it lacks authority to expand 404(c) to the decumulation phase or shows an intent to solicit stakeholder views as to how a prudent mix of options might be incentivized while maintaining sufficient participant protections.
    Recommendation: To guide fiduciaries as they consider how the account balances of their participants will translate into financial security in retirement, DOL should modify its Meeting Your Fiduciary Responsibilities publication or issue new guidance to encourage plan sponsors to use a record keeper that includes annuities from multiple providers on their record keeping platform.

    Agency: Department of Labor
    Status: Open

    Comments: DOL stated that it reviewed its publications to explore ways to encourage use of products and arrangements designed to provide participants and beneficiaries a lifetime income stream after retirement, and it is working on ways to build on them to better educate participants and plan sponsors about the need to think of making retirement savings last throughout retirement.
    Recommendation: To guide fiduciaries as they consider how the account balances of their participants will translate into financial security in retirement, DOL should modify its Meeting Your Fiduciary Responsibilities publication or issue new guidance to encourage plan sponsors to offer participants the option to partially annuitize their account balance by allowing them the ability to purchase the amount of guaranteed lifetime income most appropriate for them.

    Agency: Department of Labor
    Status: Open

    Comments: DOL stated that it reviewed its publications to explore ways to encourage use of products and arrangements designed to provide participants and beneficiaries a lifetime income stream after retirement, and it is working on ways to build on them to better educate participants and plan sponsors about the need to think of making retirement savings last throughout retirement.
    Recommendation: To guide fiduciaries as they consider how the account balances of their participants will translate into financial security in retirement, DOL should modify its Meeting Your Fiduciary Responsibilities publication or issue new guidance to encourage plan sponsors to consider whether a contract with a service provider ensures future service provider changes do not cause participants to lose the value of their lifetime income guarantees.

    Agency: Department of Labor
    Status: Open

    Comments: DOL stated that it reviewed its publications to explore ways to encourage use of products and arrangements designed to provide participants and beneficiaries a lifetime income stream after retirement, and it is working on ways to build on them to better educate participants and plan sponsors about the need to think of making retirement savings last throughout retirement.
    Recommendation: To guide fiduciaries as they consider how the account balances of their participants will translate into financial security in retirement, DOL should modify its Meeting Your Fiduciary Responsibilities publication or issue new guidance to encourage plan sponsors to include participant access to advice on the plan's lifetime income options from an expert in retirement income strategies.

    Agency: Department of Labor
    Status: Open

    Comments: DOL stated that it reviewed its publications to explore ways to encourage use of products and arrangements designed to provide participants and beneficiaries a lifetime income stream after retirement, and it is working on ways to build on them to better educate participants and plan sponsors about the need to think of making retirement savings last throughout retirement.
    Recommendation: To guide fiduciaries as they consider how the account balances of their participants will translate into financial security in retirement, DOL should modify its Meeting Your Fiduciary Responsibilities publication or issue new guidance to encourage plan sponsors to consider providing RMD-based default income-plan distributions as a default stream of lifetime income based on the RMD methodology-beginning, unless they opt-out, when retirement-age participants separate from employment, rather than after age 70½.

    Agency: Department of Labor
    Status: Open

    Comments: DOL stated that it reviewed its publications to explore ways to encourage use of products and arrangements designed to provide participants and beneficiaries a lifetime income stream after retirement, and it is working on ways to build on them to better educate participants and plan sponsors about the need to think of making retirement savings last throughout retirement.
    Director: J. Christopher Mihm
    Phone: (202) 512-6806

    1 open recommendations
    Recommendation: To improve the public reporting of major management challenges and to ensure performance information is useful, transparent, and complete, the Secretary of Labor should describe the Department of Labor's major management challenges and include performance goals, performance measures, milestones, planned actions, and an agency official responsible for resolving each of its major management challenges as part of the Department of Labor's agency performance plan.

    Agency: Department of Labor
    Status: Open

    Comments: According to the Department of Labor's action plan to address GAO's recommendations, it will comply with the updated Circular A-11 guidance to report on major management challenges in its next Annual Performance Report (APR), published with the FY 2018 Congressional Budget Justification. In its most recent APR, the Department of Labor took steps to implement this recommendation by including planned actions and an agency official responsible for each of the three issues it identified as a major management challenge. Further action is needed to establish performance goals, performance measures, and milestones. When the Fiscal Year 2017 APR is issued, we will update the status of this recommendation.
    Director: Valerie C. Melvin
    Phone: (202) 512-6304

    4 open recommendations
    Recommendation: To improve DOL's management of FOIA requests, the Secretary of Labor should direct the Chief FOIA Officer to establish a time frame for implementing, and take actions to implement, section 508 requirements in the department's FOIA system and online portal.

    Agency: Department of Labor
    Status: Open

    Comments: As of May 2017, the Department of Labor had provided a response regarding its actions to address our recommendation. We have not yet verified if the actions meet the intent of our recommendation. When we confirm what actions the agency has taken we will provide updated information.
    Recommendation: To improve DOL's management of FOIA requests, the Secretary of Labor should direct the Chief FOIA Officer to establish a time frame for implementing, and take actions to fully implement, recommended best practice capabilities for enhanced processing of requests in the department's FOIA system and online portal.

    Agency: Department of Labor
    Status: Open

    Comments: As of May 2017, the Department of Labor had provided a response regarding its actions to address our recommendation. We have not yet verified if the actions taken meet the intent of our recommendations. When we confirm what actions the agency has taken we will provide updated information.
    Recommendation: To improve DOL's management of FOIA requests, the Secretary of Labor should direct the Chief FOIA Officer to require components to document in the Secretary's Information Management System for FOIA the rationales for delays in responding to FOIA requests, and to notify requesters of the delayed responses when processing requests.

    Agency: Department of Labor
    Status: Open

    Comments: As of May 2017, the Department of Labor had provided a response regarding its actions to address our recommendation. We have not yet verified if the actions taken meet the intent of our recommendations. When we confirm what actions the agency has taken we will provide updated information.
    Recommendation: To improve DOL's management of FOIA requests, the Secretary of Labor should direct the Chief FOIA Officer to establish a time frame for consulting with the Department of Justice's Office of Information Policy on including language in DOL's response letters to administrative appeals notifying requesters of the National Archives and Records Administration's Office of Government Information Services' mediation services as an alternative to litigation, and then ensure that the department includes the language in the letters.

    Agency: Department of Labor
    Status: Open

    Comments: As of May 2017, the Department of Labor had provided a response regarding its actions to address our recommendation. We have not yet verified if the actions taken meet the intent of our recommendations. When we confirm what actions the agency has taken we will provide updated information.
    Director: Cindy Brown Barnes
    Phone: (202) 512-7215

    2 open recommendations
    Recommendation: To strengthen DOL's efforts to ensure employers protect the safety and health of workers at meat and poultry plants, the Secretary of Labor should direct the Assistant Secretary for Occupational Safety and Health, working together with the Commissioner of Labor Statistics as appropriate, to develop and implement a cost-effective method for gathering more complete data on musculoskeletal disorders.

    Agency: Department of Labor
    Status: Open

    Comments: DOL generally agreed with this recommendation and stated that its implementation would make a difference in working conditions in the meat and poultry industry. The agency also noted that resource constraints may make it difficult to implement.
    Recommendation: To develop a better understanding of meat and poultry sanitation workers' injuries and illnesses, the Secretary of Labor should direct the Assistant Secretary for Occupational Safety and Health and the Commissioner of Labor Statistics to study how they could regularly gather data on injury and illness rates among sanitation workers in the meat and poultry industry.

    Agency: Department of Labor
    Status: Open

    Comments: DOL generally agreed with this recommendation and stated that its implementation would make a difference in working conditions in the meat and poultry industry. The agency also noted that resource constraints may make it difficult to implement.
    Director: Andrew Sherrill
    Phone: (202) 512-7215

    1 open recommendations
    including 1 priority recommendation
    Recommendation: To help determine whether current efforts are effective or if additional action may be needed, such as development of a workplace violence prevention standard for health care employers, the Secretary of Labor should direct the Assistant Secretary for Occupational Safety and Health to develop and implement cost-effective ways to assess the results of the agency's efforts to address workplace violence.

    Agency: Department of Labor
    Status: Open
    Priority recommendation

    Comments: According to OSHA officials, the agency has a study underway that will review OSHA's workplace violence enforcement cases in health care to better understand the obstacles OSHA compliance officers encountered during these investigations and identify factors which led to citations. OSHA expects the final report to be completed in 2017, which will help its compliance officers develop citations in workplace violence cases. In addition, in December 2016, OSHA published a Request for Information on Preventing Workplace Violence in Healthcare and Social Assistance (RFI), which will help the agency identify workplace violence prevention requirements that could be effective and economical if a regulation were to be developed. The comment period closed in April 2017. In June 2017, the agency reported that it is reviewing the information received through the RFI. As of August 2017, the Prevention of Workplace Violence in Health Care and Social Assistance rulemaking status is classified as a long term regulatory action. To fully implement this recommendation, DOL should complete its ongoing study to better understand the obstacles OSHA compliance officers encountered during these investigations and identify factors that led to citations; and analyze the input received from the RFI to determine whether regulatory action is needed.
    Director: Andrew Sherrill
    Phone: (202) 512-7215

    2 open recommendations
    Recommendation: To enhance consistency with DOL policy and procedures in adjudicating EEOICPA Part E claims, the Secretary of Labor should strengthen internal controls by requiring district offices to take steps to ensure that all claimant correspondence for Recommended and Final Decisions receives supervisory review.

    Agency: Department of Labor
    Status: Open

    Comments: The Department of Labor agreed with our recommendation that a second level review will provide a higher degree of internal quality control. However, upon evaluating our recommendation, Labor determined that given its current staffing levels it would not be possible to conduct a supervisory review of all Recommended and Final Decisions without having an adverse impact on the issuance of timely decisions for claimants. Instead, Labor is implementing a process to review a sample of decision letters - initially 10 percent - and make procedural adjustments based on the results of those reviews. We will revisit the status of this recommendation pending the results of Labor's supervisory reviews of selected decision letters.
    Recommendation: To enhance consistency with DOL policy and procedures in adjudicating EEOICPA Part E claims, the Secretary of Labor should strengthen internal controls by requiring district offices to document that the SEM was checked for updates just prior to issuing a Recommended Decision to deny a claim in cases in which the date of the last SEM update has not changed since the claims examiner's prior check.

    Agency: Department of Labor
    Status: Open

    Comments: The Department of Labor agreed with our recommendation pertaining to documenting searches of the Site Exposure Matrix during claims processing. Labor stated that it has implemented the recommendation by updating relevant guidance in the Federal EEOICPA Procedure Manual. We will update the status of this recommendation pending verification that the Procedure Manual was revised to require claims examiners to document that, before denying a claim they checked the Site Exposure Matrix to ensure pertinent information had not changed since the examiner's prior check.
    Director: David Powner
    Phone: (202) 512-9286

    1 open recommendations
    Recommendation: The Secretaries of the Departments of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, the Interior, Labor, State, Transportation, the Treasury, and Veterans Affairs; the Attorney General of the United States; the Administrators of the Environmental Protection Agency, General Services Administration, National Aeronautics and Space Administration, and U.S. Agency for International Development; the Director of the Office of Personnel Management; the Chairman of the Nuclear Regulatory Commission; and the Commissioner of the Social Security Administration should take action to improve progress in the data center optimization areas that we reported as not meeting OMB's established targets, including addressing any identified challenges.

    Agency: Department of Labor
    Status: Open

    Comments: The Department of Labor (Labor) agreed with this recommendation, and has taken initial steps to implement it. In April 2016, the department stated in correspondence to GAO that it had closed 23 percent of its data centers and, by the end of 2019, the department plans to close 61 percent of its data centers. Further, Labor stated that it has made significant progress in the development of a fully virtualized common operating environment. According to the department, these efforts are designed to improve optimization metrics performance. However, as of July 2017, the department reports on the Office of Management and Budget's (OMB) IT Dashboard that it does not yet met any of the five data center optimization metric targets that OMB currently requires agencies to report against (related to server utilization and monitoring, energy metering, server virtualization, data center facility space, and power usage efficiency). We will continue to monitor and evaluate the department's progress in implementing this recommendation.
    Director: Charles A. Jeszeck
    Phone: (202) 512-7215

    1 open recommendations
    Recommendation: To help workers make appropriate adjustments to the replacement rates used in calculating their specific retirement income needs, the Secretary of Labor should modify its retirement planning tools to allow for some user flexibility in adjusting the replacement rate used in calculating retirement income needs.

    Agency: Department of Labor
    Status: Open

    Comments: Department of Labor (DOL) officials told us that the agency has updated the instructions to add more information on common situations that would impact a worker's replacement rate. DOL officials also said the department is in the process of developing expanded options for the target saving rate worksheet/calculator. They said this would include identifying the data points needed from the user and adjustments to the user interface (to keep it user friendly) as well as the underlying calculations needed to provide alternative replacement rates within a generally acceptable range. Allowing workers to adjust the replacement rates used when calculating their retirement income needs would help workers better estimate what their individual planning needs may be. We will consider closing this recommendation when this effort has been completed.
    Director: David Powner
    Phone: (202) 512-9286

    1 open recommendations
    Recommendation: To improve the department's tracking of reinvestments, the Secretary of Labor should direct the CIO to use existing governance mechanisms and any improvements resulting from the implementation of FITARA to improve tracking of how savings have been reinvested.

    Agency: Department of Labor
    Status: Open

    Comments: The Department of Labor has taken initial steps to implement our recommendation. As of November 2015, the department stated that it was planning improvements in the area of information technology (IT) investment management in accordance with the Office of Management and Budget's June 2015 guidance for implementing the December 2014 IT reform law (commonly referred to as the Federal Information Technology Acquisition Reform Act or FITARA). The department added that these improvements would include the tracking of how savings have been reinvested. Subsequently, in May 2016, the department finalized its FITARA Implementation Plan. While the implementation plan discusses planned actions to improve the Chief Information Officer's involvement in agency IT budget requests, acquisition requests, and program management, it did not specifically discuss planned actions to improve the tracking of how information technology savings have been reinvested. In addition, as of May 2017, the department had not documented any FITARA implementation milestones that discussed making improvements in the tracking of how savings are reinvested. We will continue to evaluate the department's progress in implementing this recommendation.
    Director: Charles A. Jeszeck
    Phone: (202) 512-7215

    1 open recommendations
    Recommendation: To facilitate state efforts to expand coverage in workplace retirement savings programs, the Secretary of Labor and Secretary of the Treasury should consider their authority and review and revise, if necessary, existing regulations and guidance causing uncertainty for state efforts. For example, the Secretary of Labor could direct the Employee Benefits Security Administration's (EBSA) Assistant Secretary to revise Interpretive Bulletin 99-1 to clarify whether states can offer payroll deduction Individual Retirement Accounts (IRAs) and, if so, whether features in relevant enacted state legislation--such as automatic enrollment and/or a requirement that employers offer a payroll deduction--would cause these programs to be treated as employee benefit plans.

    Agency: Department of Labor
    Status: Open

    Comments: DOL generally agreed with this recommendation. To address uncertainty facing state efforts, EBSA is initiating a regulatory agenda entitled ?Saving Arrangements Established by States for Non-Governmental Employees,? which will appear in the Fall 2015 Semi-Annual Regulatory Agenda. On November 18, 2015, DOL published a Notice of Proposed Rulemaking (NPRM) on state payroll deduction IRA programs. Under the proposed rule, employers complying with the state law requirements would not create a retirement plan subject to ERISA as long as the state and the employer follows certain rules. They also also published a companion Interpretive Bulletin on the same day that describes ways in which states can promote the creation of ERISA-covered plans, fully subject to ERISA?s rules and protections, without triggering ERISA preemption. The public comment period for the proposed rule closed on January 19, 2016. EBSA is evaluating the 67 public comments submitted (and posted on EBSA?s website) and working towards drafting and clearance of a final rule. EBSA has also been providing technical assistance to several states and other jurisdictions about the Interpretive Bulletin. The Administration?s 2017 Budget also included legislative proposals for piloting innovative, more portable approaches to provide retirement and other employment-based benefits.
    Director: J. Christopher Mihm
    Phone: (202) 512-6806

    2 open recommendations
    Recommendation: To improve the public reporting about how agencies are ensuring the quality of performance information used to measure progress towards their priority goals, the Secretaries of Agriculture, Defense, Homeland Security, Interior, and Labor, and the Administrator of NASA should more fully address GPRAMA requirements and OMB guidance by working with OMB to describe on Performance.gov how they are ensuring the quality of performance information used to measure progress towards their APGs.

    Agency: Department of Labor
    Status: Open

    Comments: Labor officials informed us that they had planned to address this recommendation by using a data quality self-assessment pilot they had conducted with component agencies that support Labor's priority goals. Labor had described its plans for this pilot in its fiscal year 2015 performance report and a link is provided from Performance.gov to agencies' performance plans and reports. Labor officials told us they described the results of this pilot in their draft fiscal year 2016 performance report, but according to Labor officials were advised by Office of Management and Budget (OMB) staff to deemphasize the priority goals and thus they dropped this section from the published performance report. On June 15, 2017, the Director of OMB stated in a memorandum to agency heads that reporting on Performance.gov concerning the previous Administration's priority goals is suspended through the end of fiscal year 2017. The OMB Director stated that priority goals are intended to focus efforts toward achieving the priorities of the current political leadership and that new goals would be established when the President's fiscal year 2019 Budget is released. We will continue to monitor Labor's efforts to address our recommendation.
    Recommendation: To improve the public reporting about how agencies are ensuring the quality of performance information used to measure progress towards their priority goals, the Secretaries of Agriculture, Defense, Interior, and Labor, and the Administrator of NASA should more fully address GPRAMA requirements and OMB guidance by describing in their agencies' annual performance plans and reports how they are ensuring the quality of performance information used to measure progress towards their APGs.

    Agency: Department of Labor
    Status: Open

    Comments: On June 15, 2017, Labor officials informed us that they had planned to address this recommendation by using a data quality self-assessment pilot they had conducted with component agencies that support Labor's priority goals. Labor had described its plans for this pilot in its fiscal year 2015 performance report. Labor officials told us they described the results of this pilot in their draft fiscal year 2016 performance report, but according to Labor officials were advised by Office of Management and Budget (OMB) staff to deemphasize the priority goals and thus they dropped this section from the published performance report. On June 15, 2017, the Director of OMB stated in a memorandum to agency heads that reporting on Performance.gov concerning the previous Administration's priority goals is suspended through the end of fiscal year 2017. The OMB Director stated that priority goals are intended to focus efforts toward achieving the priorities of the current political leadership and that new goals would be established when the President's fiscal year 2019 Budget is released. We will continue to monitor Labor's efforts to address our recommendation.
    Director: Charles Jeszeck
    Phone: (202) 512-7215

    1 open recommendations
    Recommendation: To encourage plan sponsors to continue efforts to improve plan participation and overall retirement savings through the use of Qualified Default Investment Alternatives, the Secretary of Labor should direct the Assistant Secretary for the Employee Benefits Security Administration to assess the challenges that plan sponsors and stakeholders reported, including the extent to which these challenges can be addressed, and implement corrective actions through clarifying guidance or regulations, as appropriate.

    Agency: Department of Labor
    Status: Open

    Comments: In 2015, DOL noted that the agency would assess the challenges that plan sponsors and stakeholders had reported to GAO, decide in FY 2016 whether a broader public comment process (such as a Request for Information) or a research project would aid that assessment, and determine whether other actions, such as issuing clarifying guidance or regulations, would be beneficial to its stakeholders. In July 2016, DOL confirmed that the agency continues to plan to take the above action. In July 207, DOL responded that it had not added a public comment process to EBSA's 2017 regulatory agenda, and had no specific timeline for any next action.
    Director: Andrew Sherrill
    Phone: (202) 512-7215

    1 open recommendations
    Recommendation: To inform decisions on any potential future iterations of the veterans' employment workshop, the Secretary of Labor should assess and report to Congress the extent to which further delivery of employment workshops to veterans and their spouses could fill a niche not fully served by existing federal programs. Such an assessment could involve collaboration with VA and other stakeholder organizations.

    Agency: Department of Labor
    Status: Open

    Comments: In May 2017, DOL repeated its assertion that the employment needs of veterans and spouses are best met through the services offered by their local American Job Centers. Additionally, DOL's Veterans' Employment and Training Service (VETS) has published its employment workshop TAP curriculum in eBook form, making it accessible to all veterans and spouses. VETS planned to report to Congress in 2017 on whether a need exists to provide an employment workshop to veterans and spouses. DOL has not provided an update to GAO on that assessment. Further, VETS is conducting a pilot to identify additional options to connect veterans and spouses to employment services available at American Job Centers, and plans to report its initial findings to Congress in 2018.
    Director: Andrew Sherrill
    Phone: (202) 512-7215

    3 open recommendations
    Recommendation: To help protect workers from being hired by employers who have been debarred from program participation, the Secretary of Labor should direct the Assistant Secretary, Employment and Training Administration, to use all employer-related information it collects on debarred employers to screen new applications.

    Agency: Department of Labor
    Status: Open

    Comments: In June 2016, the agency noted that it continues to screen for debarred employers in two ways: 1) by adding debarred employers to its iCERT System, which matches incoming employer applications using the federal Employer Identification Number; and 2) by conducting additional reviews during analyst case adjudications using a more expansive set of employer-related information. While the Employment and Training Administration explored enhancing its iCERT system in 2015 to flag more information on debarred employers, the agency said this enhancement was not pursued due to technical difficulties in matching open text fields (e.g., physical employer addresses).
    Recommendation: To ensure that H-2B workers are adequately protected and that DOL's investigative resources are appropriately focused, the Secretary of Labor should direct the Administrator, Wage and Hour Division, to review its enforcement efforts and conduct a national investigations-based evaluation of H-2B employers.

    Agency: Department of Labor
    Status: Open

    Comments: In June 2016, DOL's Wage and Hour Division (WHD) indicated that it is coordinating closely with the department's Chief Evaluation Office on evaluations and special projects involving data analytics. As a result of that coordination, it is shifting away from large-scale compliance surveys and toward leveraging internal enforcement data and external survey data to assess compliance levels in priority industries. Therefore, WHD is not currently considering a national level survey of the H-2B program. However, WHD indicated that its focus of enforcement resources on industries that employ workers vulnerable to violations of labor laws will include H-2B workers and employers.
    Recommendation: To determine to what extent, if any, the 2-year statute of limitations on debarment limits its use as a remedy for employers who violate program requirements: (1) the Secretary of Labor should direct the Assistant Secretary, Employment and Training Administration, and the Administrator, Wage and Hour Division, to collect data on the nature of the cases where debarment would have been recommended but was not because the 2-year statute of limitations had expired, and based on that data determine whether to pursue a legislative proposal to extend the statute of limitations; and (2) the Department of Labor Inspector General should direct the Assistant Inspector General, Office of Labor Racketeering and Fraud Investigations to provide the Assistant Secretary, Employment and Training Administration, and the Administrator, Wage and Hour Division, data on the number of referrals for debarment that the Inspector General's Office sent to the department after the 2-year statute of limitations had expired.

    Agency: Department of Labor
    Status: Open

    Comments: In June 2016, DOL indicated that it was considering the utility of collecting these data in light of the fact that the new H-2B regulations that were issued in April 2015 eliminated the 2-year statute of limitations for the H-2B program. We continue to believe, however, that this data collection would be valuable given that the H-2A program is still subject to the 2-year statute of limitations. The department indicated it is undertaking a modernization of its data systems--by implementing a data governance structure that will manage its data as a business asset--and our recommendation for the collection of these data will be vetted through this process.
    Director: Charles Jeszeck
    Phone: (202) 512-7215

    2 open recommendations
    Recommendation: To ensure that federal regulators have better information about lump sum windows and to better ensure that participants have ready access to key information they need to make a decision when presented with a lump sum offer, the Department of Labor should require plan sponsors to notify DOL at the time they implement a lump sum window offer, including the number and category of participants being extended the offer (e.g., separated vested; retiree) as well as examples of the materials provided to them.

    Agency: Department of Labor
    Status: Open

    Comments: The Department of Labor (DOL) agreed that this type of information may be helpful in determining the extent to which lump sum window offers are made, as well as the types of disclosures the participants receive. However, DOL reported that it has not identified authority under ERISA for it to impose such a requirement on plan sponsors either before or shortly after the plan offers the lump sum window. The agency states that ERISA expressly provides specific reporting and disclosure requirements. These include various filings, such as annual financial reports, reports upon plan termination, and reports upon making certain transfers of pension plan assets to health benefit accounts. The agency believes ERISA does not require plans to notify them regarding the benefit distribution options they offer or changes in those options, and does not read the broad rulemaking authority in ERISA in Section 505 (general regulations) and Section 110 (pension reporting and disclosure) as authorizing EBSA to establish the notice filing requirement GAO recommended. The agency also commented that ERISA expressly requires that most pension plans file a Form 5500 annual report with the statute specifying the required contents of this annual report in some detail and requiring ?such other financial and actuarial information as the Secretary may find necessary or appropriate.? Although the agency noted it could, by regulation, require reporting on lump sum window offers on the Form 5500, there would be a substantial time lag because ERISA by statute establishes the reporting cycle for the Form 5500 -- the report is not due until 210 days (7 months) after the plan year closes (e.g., for calendar year plans, July 31st of the following year). The agency recognizes that this might not be responsive to the recommendation, which appears to envision a notification system that is relatively contemporaneous with the lump sum window being offered to participants and beneficiaries.
    Recommendation: To ensure that federal regulators have better information about lump sum windows and to better ensure that participants have ready access to key information they need to make a decision when presented with a lump sum offer, the Department of Labor should coordinate with the Internal Revenue Service and the Pension Benefit Guaranty Corporation (PBGC) to clarify the guidance regarding the information sponsors should provide to participants when extending lump sum window offers and place the guidance on the agency's website. Guidance should include clear and understandable presentations of information, such as the relative value of the lump sum, the role and level of protections provided by PBGC, and the positive and negative ramifications of accepting the lump sum. Such guidance could also include promising practices for information materials from plan sponsors which are particularly effective in facilitating informed participant decision-making.

    Agency: Department of Labor
    Status: Open

    Comments: The Department of Labor agreed with this recommendation, noting it is important to coordinate with the Treasury Department/IRS and PBGC to clarify the guidance regarding the information sponsors and other plan fiduciaries should provide to participants and beneficiaries when extending lump sum window offers. In 2016, the agency noted that the manner of publishing that guidance would be part of that coordination process. They may consider some formal public request for input (such as publishing a Request for Information in the Federal Register) and focus group or other field testing work. In addition, the agency noted that the 2015 ERISA Advisory Council announced that one of its projects this year concerns how to give participants effective notices and disclosures concerning lump sum window offers, including possible development of model participant notices. The 2015 Council developed recommendations and model notices on lump sum window offers in "pension risk transfer transactions," and suggested that DOL make the Model Notices available on its web site to plan sponsors and participant advocates and that plan sponsors use the Model Notices when engaging in risk transfer transactions. Similar to other model communications developed by the 2015 Council, the agency believes the model notice could be further enhanced if subjected to broader public input from, for example, plan sponsors, participant advocates, communications experts, and academics. Subject to the limits on its authority in this area and resource constraints. They are considering efforts to obtain public input on the Council's recommendations and model notice. They also intend to contact the Treasury Department/IRS and PBGC to discuss the Council's recommendations.
    Director: Andrew Sherrill
    Phone: (202) 512-7215

    1 open recommendations
    Recommendation: To enhance communication with contractors about Job Corps program changes, the Secretary of Labor should direct the Assistant Secretary for Employment and Training to review the sufficiency of ETA's guidance for internal notices--including Program Instruction Notices, Policy and Requirements Handbook Change Notices, and Information Notices--to ensure that contractors are provided with adequate notification of program changes before they are expected to be implemented, and an adequate level of information to assist them in carrying out their responsibilities.

    Agency: Department of Labor
    Status: Open

    Comments: DOL concurred with this recommendation, acknowledging the importance of ensuring that Job Corps contractors are provided adequate notification of program changes before their expected implementation. To address this, DOL stated that it would review the sufficiency of Job Corps guidance for internal notices, and execute and distribute any contractual actions, such as modifications, in a timely manner. In FY16, DOL reported that ETA implemented a procedure for developing policy guidance that includes establishing an effective date for program changes that takes into consideration an appropriate amount of time for implementation. The agency referred to Change Notice 15-09 (dated February 4, 2016) and Information Notice 15-34, which extends the implementation date of this change from May 1 to June 1, 2016. GAO requested the written procedure ETA used to develop its policy guidance, but ETA officials were unable to provide it. The officials stated that they would review its response to this recommendation after the beginning of FY17.
    Director: Andrew Sherrill
    Phone: (202) 512-7215

    1 open recommendations
    Recommendation: Depending on the outcome of the litigation, the Secretary of Labor should take steps to ensure the agency will be positioned to conduct a meaningful retrospective review consistent with the Executive Order at an appropriate time. These steps should be taken in consultation with the Centers for Medicare & Medicaid Services, and could include, for example, identifying metrics that could be used to evaluate the rule, and implementing a plan to gather and analyze the necessary data.

    Agency: Department of Labor
    Status: Open

    Comments: The Department of Labor's Wage and Hour Division (WHD) agreed with this recommendation and reported that it is working to develop data collection plans and explore a potential evaluation that is focused on the Home Care Rule. As part of this effort, WHD noted that it will continue to work with HHS and other federal partners. In FY16, WHD reported that such an evaluation of how stakeholders and affected industries have responded to the rule would be beneficial. However, litigation has delayed implementation and enforcement of the rule significantly, and WHD believes an evaluation at this stage would be premature and would be unlikely to fully and accurately capture stakeholders' responses to the rule and the resulting impacts. Delaying the evaluation would allow WHD to monitor the results of its own investigations and the effects of ongoing compliance assistance, both of which would be extremely difficult to measure at this early stage. WHD will continue to monitor early implementation to determine the appropriate start for any evaluation.
    Director: Yvonne D. Jones
    Phone: (202) 512-2717

    1 open recommendations
    Recommendation: Any federal agency designated to investigate future USERRA claims against federal executive agencies should undertake efforts to increase the response rate of the customer satisfaction survey if it continues to be administered, so more tenable conclusions can be drawn from its data. Such efforts may include follow-up phone calls to nonrespondents, additional email notifications requesting participation in the survey, or making the survey easier to complete and submit.

    Agency: Department of Labor
    Status: Open

    Comments: In February 2016, Department of Labor Veterans Employment and Training Service (DOL/VETS) reported their office is handling all USERRA complaints, Federal and non-Federal following conclusion of the demonstration project with OSC. DOL/VETS reported the agency deployed its customer satisfaction survey in May 2016 and will be monitoring and collecting responses on a quarterly basis. The agency plans to employ the same follow-up technique used during the demonstration project and will determine if additional follow-up emails are warranted.
    Director: Charlie Jeszeck
    Phone: (202) 512-7215

    2 open recommendations
    including 1 priority recommendation
    Recommendation: To ensure that individuals have access to consolidated online information about their multiple 401(k) plan accounts, the Secretary of Labor should convene a taskforce to consider establishing a national pension registry. The taskforce could include industry professionals, plan sponsor representatives, consumer representatives, and relevant federal government stakeholders, such as representatives from Social Security Administration, Pension Benefit Guaranty Corporation, and Internal Revenue Service, who could identify areas to be addressed through the regulatory process, as well as those that may require legislative action.

    Agency: Department of Labor
    Status: Open
    Priority recommendation

    Comments: In April 2017, The Department of Labor (DOL) reported that it has not allocated any resources to this recommendation and, as previously stated, that it continues to believe that the Department should not undertake to convene a taskforce at this time, in light of the Pension Benefit Guaranty Corporation's (PBGC) initiative, the Department's limited authority, and resource constraints. In October 2016, DOL stated that it does not have regulatory authority to establish a pension registry and could not provide sufficient funding to operate a registry. GAO's recommendation is to convene a taskforce to look at what would be needed to create such a registry. Indeed, DOL's stated constraints are exactly the constructive input that would need to be first addressed by such a taskforce for a registry to be created. The agency further noted that the PBGC is in the process of looking at expanding its own registry of accounts left in closed defined benefit plans to include accounts in 401(k) plans. However, PBGC is only looking at expanding its program, as instructed by the Pension Protection Act, to include accounts left in terminated 401(k) plans. However, in June 2016, Congress proposed that a new national, online, lost and found for Americans' retirement accounts be created, in cooperation with the Commissioner of Social Security and the Secretary of the Treasury, using data that employers are already required to report. Until Congress' proposal becomes law, we continue to recommend that DOL facilitate a taskforce to discuss legal and other logistical questions that would need to be worked out to create a pension registry.
    Recommendation: To prevent forced-transfer IRA balances from decreasing due to the low returns of the investment options currently permitted under the Department of Labor's safe harbor regulation, the Secretary of Labor should expand the investment alternatives available. For example, the forced-transfer IRA safe harbor regulations could be revised to include investment options currently under the qualified default investment alternatives regulation applicable to automatic enrollment, and permit forced-transfer IRA providers to change the investments for IRAs already established.

    Agency: Department of Labor
    Status: Open

    Comments: As of July 2017, DOL declines to adopt this recommendation. DOL noted if GAO?s comments are interpreted to mean that the recommended safe harbor revisions would free plan fiduciaries from an obligation to make a prudent selection among such a broader range of investment alternatives, then it raises significant policy issues regarding the administration of ERISA?s fiduciary duty provisions. DOL also noted that if, on the other hand, GAO's recommendation would have the safe harbor require the responsible plan fiduciary be responsible for prudently deciding whether to use a higher risk investment alternative, employers and other plan sponsors may oppose such a change. Our recommendation does not comment on or suggest changes to the obligations of plan fiduciaries as part of a change to the safe harbor. Further, GAO has made prior recommendations that DOL clarify the definition of fiduciary for purposes of investment, including a requirement that plan service providers, when assisting participants with distribution options, disclose any financial interests they may have in the outcome of those decisions in a clear, consistent, and prominent manner; the conditions under which they are subject to any regulatory standards (such as ERISA fiduciary standards, SEC standards, or others); and what those standards mean for the participant. Our recommendation is to "expand the investment options available" and we have noted that qualified default investment alternatives could be one option. Previously, DOL has stated that the limited investments under the safe harbor are appropriate because Congress' intent for the safe harbor was to preserve principal transferred out of plans. DOL noted that given the small balances and the inability of absent participants to monitor investments, the current conservative investment options are a more appropriate way to preserve principal. However, the current forced-transfer IRA investment options like money market funds can protect principal from investment risk, but not from the risk that fees (no matter how reasonable) and inflation can result in decreased account balances due to returns on these small balance accounts not keeping pace with fees. The reality has been that many forced-transfer IRAs have experienced very large and even complete declines in principal. Our recommendation did not aim to eliminate any investment alternatives covered by the safe harbor, rather it aims to expand the alternatives available so that plans and providers that want to operate under the safe harbor have the opportunity to choose the most suitable investment. We continue to encourage DOL to expand the safe harbor to include investment alternatives more likely to preserve principal and even increase it over time.
    Director: Kimberly Gianopoulos
    Phone: (202) 512-8612

    1 open recommendations
    including 1 priority recommendation
    Recommendation: To improve the capacity of the U.S. government to monitor and enforce FTA partners' compliance with mutually agreed FTA labor provisions, USTR and DOL, in cooperation with State, should establish a coordinated strategic approach to monitoring and enforcing FTA labor provisions, to ensure that they systematically assess the consistency of priority FTA partner countries' laws, regulations, and practices with trade agreement labor provisions and address any identified concerns.

    Agency: Department of Labor
    Status: Open
    Priority recommendation

    Comments: DOL concurred with GAO recommendation and stated that it regularly coordinates monitoring and enforcement activities related to assessing and ensuring the consistency of FTA partner countries' labor laws, regulations, and practices with FTA labor provisions with USTR and State. In March 2017, the Monitoring and Enforcement of Trade Agreements Division (META) in DOLs Bureau of International Labor Affairs (ILAB) finalized Standard Operating Procedures (SOPs) for monitoring FTA labor provisions and engaging with partner country governments and stakeholders. These SOPs involve a renewed emphasis on monitoring trips to FTA partner countries to meet with government officials and in-country stakeholders to gather information on potential FTA violations and make key contacts with stakeholders to encourage direct communication going forward. The SOPs also include provisions regarding coordination with USTR and State in the monitoring and enforcement of FTA labor provisions. As of May 2017, this recommendation remains open pending further action by DOL and USTR.
    Director: David A. Powner
    Phone: (202) 512-9286

    1 open recommendations
    Recommendation: The Secretaries of HHS, the Interior, Justice, and Labor, and the Administrators of GSA and NASA should complete action plans for addressing their challenges in reporting cost savings, as discussed in this report.

    Agency: Department of Labor
    Status: Open

    Comments: The Department of Labor agreed with, and has taken initial steps to implement, our recommendation. In September 2015, the department stated that its Office of the Chief Information Officer was working to develop an enterprise data center inventory as part of the department-wide Data Center Consolidation Initiative Working Group. In September 2016, the department submitted its Data Center Optimization Initiative plan to the Office of Management and Budget. The plan reported that the department had closed 28 non-tiered data centers in fiscal year 2016 and indicated that the department had historical cost savings of $4.85 million to date. However, as of March 2017, the department had not yet reported any resulting cost savings or avoidances in its quarterly report to OMB. We will continue to evaluate the department's progress in implementing this recommendation.
    Director: Charles Jeszeck
    Phone: (202) 512-7215

    6 open recommendations
    including 1 priority recommendation
    Recommendation: To better protect plan sponsors and participants who use managed account services, the Secretary of Labor should direct the Assistant Secretary for the Employee Benefits Security Administration (EBSA) to review provider practices related to additional managed account services offered to participants in or near retirement, with the aim of determining whether conflicts of interest exist and, if it determines it is necessary, taking the appropriate action to remedy the issue.

    Agency: Department of Labor
    Status: Open

    Comments: In 2014, DOL agreed to include these practices in its current review of investment advice conflicts of interest, noting that such conflicts continue to be a concern. In April 2015, a proposed regulation was published in the Federal Register on the definition of a "fiduciary" of an employee benefit plan under the Employee Retirement Income Security Act of 1974 (ERISA) as a result of giving investment advice to a plan or its participants or beneficiaries. The proposal would widen the array of advice relationships under which someone would be considered a fiduciary under ERISA more broadly than existing regulations. This would increase consumer protection for plan sponsors, fiduciaries, participants, beneficiaries and IRA owners. An initial comment period closed on July 21, 2015. DOL held a public hearing on August 10-13, 2015, and reopened the comment period until September 24. GAO will monitor the progress of this proposed rule.
    Recommendation: To better protect plan sponsors and participants who use managed account services, the Secretary of Labor should direct the Assistant Secretary for the EBSA to consider the fiduciary status of managed account providers when they offer services on an opt-in basis and, if necessary, make regulatory changes or provide guidance to address any issues.

    Agency: Department of Labor
    Status: Open
    Priority recommendation

    Comments: DOL concurred with this recommendation and agreed to review existing guidance and consider whether additional guidance is needed in light of the various business models we described. As of May 2017, DOL is continuing these efforts. To implement this recommendation, DOL should complete its efforts to consider managed account service provider practices and fiduciary roles and take any necessary action to address potential issues to ensure that sponsors and participants receive unconflicted managed account services from qualified managers.
    Recommendation: To help sponsors who offer managed account services or who are considering doing so better protect their 401(k) plan participants, the Secretary of Labor should direct the Assistant Secretary for EBSA to require plan sponsors to request from record keepers more than one managed account provider option, and notify the Department of Labor if record keepers fail to do so.

    Agency: Department of Labor
    Status: Open

    Comments: DOL agreed to consider this recommendation in connection with its current regulatory project on standards for brokerage windows in participant-directed individual account plans. The project has been moved to the long-term action category of DOL's regulatory agenda. DOL will also consider the extent of its legal authority to effectively require that plans have more than one managed account service provider or to require that record keepers offer more than one managed account provider as part of their service agreements. GAO believes requiring plan sponsors to ask for more than one choice of a provider -- which is slightly different than how DOL has characterized it--may be an effective method of broadening plan sponsors' choices of managed account providers. However, GAO also agrees that DOL should examine the scope of its existing authority in considering how it might implement this recommendation.
    Recommendation: To help sponsors and participants more effectively assess the performance of managed accounts, the Secretary of Labor should direct the Assistant Secretary for EBSA to amend participant disclosure regulations to require that sponsors furnish standardized performance and benchmarking information to participants. To accomplish this, EBSA could promulgate regulations that would require sponsors who offer managed account services to provide their participants with standardized performance and benchmarking information on managed accounts. For example, sponsors could periodically furnish each managed account participant with the aggregate performance of participants' managed account portfolios and returns for broad-based securities market indexes and applicable customized benchmarks, based on those benchmarks provided for the plan's designated investment alternatives.

    Agency: Department of Labor
    Status: Open

    Comments: DOL agreed to consider this recommendation in connection with (1) its regulatory project on standards for brokerage windows in participant directed individual account plans and (2) open proposed rulemaking project involving the qualified default investment alternative and participant-level fee disclosure regulations. These projects have been moved to the long-term action category of DOL's regulatory agenda.
    Recommendation: To help sponsors and participants more effectively assess the performance of managed accounts, the Secretary of Labor should direct the Assistant Secretary for EBSA to amend service provider disclosure regulations to require that providers furnish standardized performance and benchmarking information to sponsors. To accomplish this, EBSA could promulgate regulations that would require service providers to disclose to sponsors standardized performance and benchmarking information on managed accounts. For example, providers could, prior to selection and periodically thereafter, as applicable, furnish sponsors with aggregated returns for generalized conservative, moderate, and aggressive portfolios, actual managed account portfolio returns for each of the sponsor's participants, and returns for broad-based securities market indexes and applicable customized benchmarks, based on those benchmarks provided for the plan's designated investment alternatives.

    Agency: Department of Labor
    Status: Open

    Comments: DOL agreed to consider this recommendation in connection with (1) its regulatory project on standards for brokerage windows in participant directed individual account plans and (2) open proposed rulemaking project involving the qualified default investment alternative and participant-level fee disclosure regulations. These projects have been moved to the long-term action category of DOL's regulatory agenda.
    Recommendation: To help sponsors who offer managed account services or who are considering doing so better protect their 401(k) plan participants, the Secretary of Labor should direct the Assistant Secretary for EBSA to provide guidance to plan sponsors for selecting and overseeing managed account providers that addresses: (1) the importance of considering multiple providers when choosing a managed account provider, (2) factors to consider when offering managed accounts as a Qualified Default Investment Alternative or on an opt-in basis, and (3) approaches for evaluating the services of managed account providers.

    Agency: Department of Labor
    Status: Open

    Comments: DOL agreed to consider this recommendation in connection with its current regulatory project on standards for brokerage windows in participant-directed individual account plans. DOL intends for this project to address whether potential regulatory or other guidance for such arrangements may be appropriate. The project has been moved to the long-term action category of DOL's regulatory agenda.
    Director: Charlie Jeszeck
    Phone: (202) 512-7215

    1 open recommendations
    Recommendation: To improve the usefulness, reliability, and comparability of Form 5500 data for all stakeholders while limiting the burden on the filing community, the Secretaries of DOL and Treasury, and the Director of PBGC should consider implementing the findings from our panel when modifying plan investment and service provider fee information, including: (1) revising Schedule H plan asset categories to better match current investment vehicles and provide more transparency into plan investments; (2) revising the Schedule of Assets attachments to create a standard searchable format; (3) developing a central repository for EIN and PN numbers for filers and service providers to improve the comparability of form data across filings; (4) clarifying Schedule C instructions for direct, eligible indirect, and reportable indirect compensation so plan fees are reported more consistently and, as we recommended in the past, better align with the 408(b)(2) fee disclosures; and (5) simplifying and clarify Schedule C service provider codes to increase reporting consistency.

    Agency: Department of Labor
    Status: Open

    Comments: In 2016, DOL in coordination with IRS and PBGC has implemented cross-year edit checks into EFAST in an effort to improve the consistency in key identifying information, such as the EIN, Plan Number and Plan Name. These checks aim to verify identifying information submitted on the Form 5500 and to notify the filer and government agencies of inconsistencies, which affords filers the ability to review and modify crucial identifying information prior to submission. Additionally, if the filer chooses to submit data that may contain inconsistent information, the edit test indicators provide government users with the ability to more readily detect filings containing potential errors in the identifying information for further review and correction. DOL has also collaborated with PBGC and IRS in issuing proposed revisions to the Form 5500 Series in a Notice of Proposed Forms Revisions. The deadline for public comment ended December 5, 2016. The proposed revisions in the Notice reflect efforts of DOL, IRS, and PBGC to improve the Form 5500 reporting for filers, the public, and the agencies by among other things, (1) modernizing financial information filed by regarding plans; (2) updating fee and expense information on plan service providers with a focus on harmonizing annual reporting requirement with DOL's 408(b)(2); financial disclosure requirements; (3) enhancing the ability to mine data files on annual returns/reports; and (4) improving compliance with ERISA and the Code through selected new questions regarding plan operation, service provider relationships, and financial management of plans. Specifically, in the Notice the agencies propose that Schedule H report assets held and assets disposed of during the plan year to provide more transparency and a more complete report of plan's annual investments and that that the Schedule of Assets be revised to require reporting of assets held through direct filing entities. Additionally, the agencies are proposing revisions to the Schedule H, Schedule of Assets that require filers to complete standardized Schedules in a format enabling data to captured electronically. This requirement would enable importation of information from the Schedules of Assets into structured databases that DOL would make available to the public from each year's Form 5500 Series filing. The agencies are also proposing to add clarifying definitions and instructions to improve the consistency of Form 5000 responses. This includes clarification of conventions to identify filers by name and identifying numbers to help mitigate confusion about legal identities with which plans transact and improve comparability of form data across filings. In addition, the agencies also propose revisions to Schedule C to require reporting of indirect compensation for service provider subject to 408(b)(2) requirements and for all compensation that is required to be disclosed. Further, the Schedule C instructions would be clarified to track more closely with the language of the 408(b)(2) regulations. The agencies are also proposing to limit the codes for Schedule C and requiring the filer to more simply indicate all types of services for each provider identified. Additionally, they propose a requirement to indicate all the types of fees/compensation separately when reporting sources of compensation from parties other than plan and plan sponsor. The agencies are reviewing the public comments and expect the process to continue through 2017. While the Agencies have made considerable efforts to address our recommendation in the proposed revisions to the Form 5500, they have not made any decisions on whether to make changes to the forms or DOL regulations, and have not decided on a timeline for implementation of any changes to the form or DOL regulations that the Agencies ultimately may decide to adopt. We will close this recommendation once the revision is final.
    Director: Carol R. Cha
    Phone: (202) 512-4456

    4 open recommendations
    Recommendation: To ensure the effective management of software licenses, the Secretary of Labor should establish a comprehensive inventory of software licenses using automated tools for the majority of agency software license spending and/or enterprise-wide licenses.

    Agency: Department of Labor
    Status: Open

    Comments: In June 2017, the Department of Labor (DOL) reported that it plans to continue researching for an automated tool to identify, track and maintain the agency's software license inventory. We will continue to monitor its progress in implementing this recommendation.
    Recommendation: To ensure the effective management of software licenses, the Secretary of Labor should regularly track and maintain a comprehensive inventory of software licenses using automated tools and metrics.

    Agency: Department of Labor
    Status: Open

    Comments: In June 2017, the Department of Labor (DOL) reported that it plans to continue researching for an automated tool to identify, track and maintain the agency's software license inventory. We will continue to monitor its progress in implementing this recommendation
    Recommendation: To ensure the effective management of software licenses, the Secretary of Labor should analyze agency-wide software license data, such as costs, benefits, usage, and trending data, to identify opportunities to reduce costs and better inform investment decision making.

    Agency: Department of Labor
    Status: Open

    Comments: In June 2017, the Department of Labor (DOL) reported that it was planning to assemble a cross-functional team before the end of fiscal year 2017 to evaluate solutions and tools for automated software management and to identify opportunities for enterprise-wide software agreements. We will continue to monitor its progress in implementing this recommendation.
    Recommendation: To ensure the effective management of software licenses, the Secretary of Labor should provide software license management training to appropriate agency personnel addressing contract terms and conditions, negotiations, laws and regulations, acquisition, security planning, and configuration management.

    Agency: Department of Labor
    Status: Open

    Comments: In June 2016, the Department of Labor reported that it now has one individual certified in software management and intends to provide training to additional staff over the next year. In June 2017, Labor reported on progress in implementing this recommendation. Specifically, Labor noted that it has two additional personnel with configuration management and software library certifications to help ensure effective management of software licenses. We will continue to monitor its progress in providing appropriate agency personnel with sufficient training on managing software licenses.
    Director: Brown Barnes, Cindy S
    Phone: (202) 512-9345

    3 open recommendations
    including 1 priority recommendation
    Recommendation: The Secretary of Labor should direct the Assistant Secretary for Occupational Safety and Health to take steps to identify high risk facilities working with ammonium nitrate and develop options to target them for inspection.

    Agency: Department of Labor
    Status: Open
    Priority recommendation

    Comments: In 2016, OSHA officials reported that implementation of their planned local emphasis programs focused on safe use and storage of ammonium nitrate and anhydrous ammonia at fertilizer facilities was delayed due to litigation regarding process safety management enforcement in the fertilizer industry. As of July 2017, OSHA officials stated that with the recent conclusion of that litigation, OSHA is considering initiation of local emphasis programs focused on the storage and handling of ammonium nitrate and anhydrous ammonia at fertilizer facilities. Once initiated, a local emphasis program requires a focused inspection program with facilities chosen at random from the list of facilities in appropriate industry codes. OSHA previously (December 3, 2014) issued guidance to Regional Administrators to assist OSHA officials in enforcing the ammonium nitrate storage requirements in the Explosives and Blasting Agents Standard. We will close this recommendation when the local emphasis programs are initiated.
    Recommendation: To strengthen federal oversight of facilities with ammonium nitrate, the Secretary of Labor and the Administrator of EPA should direct OSHA and EPA, respectively, to consider revising their related regulations to cover ammonium nitrate and jointly develop a plan to require high risk facilities with ammonium nitrate to assess the risks and implement safeguards to prevent accidents involving this chemical.

    Agency: Department of Labor
    Status: Open

    Comments: On December 9, 2013, OSHA issued a Request for Information seeking, among other things, comments on potential revisions to its Process Safety Management standard and its Explosives and Blasting Agents Standard. The Request for Information specifically invited comments on safe work practices for storing, handling, and managing ammonium nitrate and on regulatory requirements to improve its approach to preventing the hazards associated with ammonium nitrate. As of July 2017, OSHA reports it has completed a Small Business Regulatory Flexibility Review Act panel to gather feedback from small businesses on updating its Process Safety Management (PSM) regulation. During the panel, the agency discussed the option of adding ammonium nitrate to the list of chemicals covered by PSM and collected comments. Currently, the PSM rulemaking is on the regulatory agenda under Long Term Action. According to OSHA officials, the agency will continue to collect comments on the option of adding ammonium nitrate to the list of highly hazardous chemicals covered by the PSM regulations as dictated by the rulemaking process. We will close this recommendation when OSHA decides what action to take as a result of the requests for information.
    Recommendation: The Secretary of Labor should direct the Assistant Secretary for Occupational Safety and Health to consider updating regulations for the storage of ammonium nitrate taking into consideration, as appropriate, other related standards and current practices.

    Agency: Department of Labor
    Status: Open

    Comments: OSHA previously (December 3, 2014) issued guidance to Regional Administrators to assist OSHA officials in enforcing the ammonium nitrate storage requirements in the Explosives and Blasting Agents Standard. In addition, on December 9, 2013, OSHA issued a Request for Information (RFI) seeking, among other things, comments on potential revisions to the Explosives and Blasting Agents Standard, which includes ammonium nitrate storage requirements. The RFI specifically invited comments on safe work practices for storing, handling, and managing ammonium nitrate and on regulatory requirements to improve its approach to preventing the hazards associated with ammonium nitrate. As of July 2017, this rulemaking is on the regulatory agenda under Long Term Action. We will close this recommendation when the agency decides what action to take as a result of the request for information.
    Director: Wilshusen, Gregory C
    Phone: (202) 512-6244

    3 open recommendations
    Recommendation: To improve the implementation of the act, the Secretary of Labor should develop and implement policies and procedures for cost-benefit analyses related to computer matching agreements to include key elements such as personnel and computer costs, as well as avoidance of future improper payments and recovery of improper payments and debts.

    Agency: Department of Labor
    Status: Open

    Comments: We have not yet received information to validate agency actions on this recommendation. Subsequent to the agency stating that is has taken action, we plan to verify whether implementation has occurred.
    Recommendation: To improve the implementation of the act, the Secretary of Labor should ensure the DIB reviews cost-benefit analyses to make certain cost savings information for the computer matching program is included before approving CMAs.

    Agency: Department of Labor
    Status: Open

    Comments: We have not yet received information to validate agency actions on this recommendation. Subsequent to the agency stating that is has taken action, we plan to verify whether implementation has occurred.
    Recommendation: To improve the implementation of the act, the Secretary of Labor should ensure the DIB performs annual reviews and submits annual reports on agency computer matching activities, as required by the act.

    Agency: Department of Labor
    Status: Open

    Comments: We have not yet received information to validate agency actions on this recommendation. Subsequent to the agency stating that is has taken action, we plan to verify whether implementation has occurred.
    Director: Moran, Revae E
    Phone: (202) 512-7215

    1 open recommendations
    Recommendation: To improve the consistency and completeness of national data on participants in the WIA Adult and Dislocated Worker Programs, the Secretary of Labor should take additional steps to improve the uniformity of participant data reported by states. The Secretary of Labor should promote a formal, continuous process for improving the quality of data on participants in the WIA Adult and Dislocated Worker Programs through such measures as the following: (a) consistently sharing the results of all oversight activities with states and local areas, including findings from validation of participant data; (b) reviewing the methods used for data validation, such as its scope and error rate threshold, to identify opportunities to increase efficiencies and accountability in the process. This could include implementing, if appropriate, recommendations from the Regions' review of data validation procedures; (c) evaluating data validation efforts to determine their effects on data quality, particularly on systemic errors, and providing targeted guidance and assistance to states and local areas to address such errors; (d) regularly monitoring Social Policy Research Associates' corrections and analyses of state WIA participant data, sharing this information with states, and coordinating with states to ensure that any corrections are appropriate and accurate; and (e) collecting and disseminating promising practices to states and local areas on data collection and reporting on a regular basis.

    Agency: Department of Labor
    Status: Open

    Comments: States began using a Participant Individual Record Layout (PIRL)--which includes common reporting definitions across WIOA core programs--as of July 1, 2016, and DOL anticipates receiving the first State Annual Performance Reports based on these data by October 16, 2017. As part of this effort, DOL has held in-person training sessions with state and local officials and also provided them with technical assistance, including guidance related to implementing required data collection and reporting efforts under WIOA. In addition, DOL outlined several ongoing data validation efforts, such as adding additional edit checks and identifying and addressing technical issues as they occur. We will close this recommendation when DOL receives and processes the first state performance reports under the PIRL and furnishes documentation of its data validation efforts.
    Director: Jeszeck, Charles A
    Phone: (202) 512-7215

    3 open recommendations
    Recommendation: To ease the burden on plan sponsors, enhance compliance, and help ensure that disclosures to participants are written in a manner that can be understood by the average participant, Labor, IRS, and PBGC should work together to create and regularly update a comprehensive online tool for plan sponsors to search for the reports and disclosures they are required to provide based on plan type, design, and circumstances.

    Agency: Department of Labor
    Status: Open

    Comments: In November 2013, Labor officials said that they would consult with their colleagues at the Treasury Department/IRS and PBGC regarding creation of one unified online tool for plan adminstrators to search for the reports and disclosures they are required to submit based on a plan's type, design, and circumstances. However, in FY 2014, officials indicated that, although they will continue to consult with their other agency colleagues regarding creation of such a tool, they now tentativley disagree with the recommendation and believe that such a tool could be confusing, especially for small employers. In 2015, Labor raised concerns about this recommendation, continuing to question whether a unified tri-agency online tool would be valuable for sponsors of large pension plans and may be confusing to some plan sponsors, especially small employers. They further noted that they do not believe it would be appropriate for EBSA to adjust its regulatory or guidance priorities at this time or reallocate resources currently dedicated to other priority projects in order to further explore any possible merit of such an online tool. GAO continues to believe just the opposite, that a well-designed comprehensive online tool could be very helpful, especially for small employers. In FY 17, Labor reiterated its opinions from previous years.
    Recommendation: To ease the burden on plan sponsors, enhance compliance, and help ensure that disclosures to participants are written in a manner that can be understood by the average participant, Labor, IRS, and PBGC should work together to define criteria for complying with the readability provisions in ERISA and the Internal Revenue Code (IRC), and apply the criteria to agency-generated model notices as well as those developed by plan sponsors. As part of these criteria, consider requiring clear, simple, brief highlights at the beginning of disclosures, reflecting federal plain language guidelines.

    Agency: Department of Labor
    Status: Open

    Comments: Labor officials stated that, while sensitive to plan sponsor concerns regarding liabilities that may result from ambiguities that arise when complex information is summarized using plain English criteria, they will, nevertheless, explore the application of readability standards in this context. Officials indicated they may decide it would be helpful to engage a contractor and undertake a survey or other data collection in order to evaluate this recommendation, but do not have resources budgeted in FY 2014 for such an exercise. In the meantime, they plan to continue to use modern communication techniques (such as focus group testing) to improve the effectiveness of their model notices and other standardized disclosures. In 2015, Labor reported that they need to explore the application of readability standards in light of concerns about liabilities that may result from ambiguities when complex information is summarized or presented using "plain English" criteria. Contracting for data collection would help them make an informed evaluation of this recommendation but they do not have the budgeted resources and believe it would not be appropriate to adjust priorities or reallocate resources. They will use techniques such as focus group testing to improve the effectiveness model notices and other standardized disclosures. GAO continues to believe it is important to implement a requirement to have clear, simple, brief highlights. In FY 17, Labor noted that the agency had not yet made a decision regarding future rulemaking and had suggested that the ERISA advisory counsel look at the effectiveness of disclosures.
    Recommendation: To better ensure plan participants have access to information about their rights and benefits, as currently in force under their plans, Labor should direct plan sponsors to post to any intranet website maintained by the employer, as soon as determined feasible by Labor, a copy of the most current summary plan description (SPD) and any summary of material modifications issued subsequent to that SPD.

    Agency: Department of Labor
    Status: Open

    Comments: Labor officials said that they generally support implementing such a requirement, subject to a legal determination of their authority absent legislation to issue such a directive. However, rather than addressing the recommendation as a stand-alone item, they believe it would be better to consider the benefits of such an intranet posting requirement in connection with efforts to expand or modify disclosure standards in response to their 2011 Request for Information (RFI) regarding electronic disclosure. Moreover, officials noted that, during FY 2014, Labor was focusing its regulatory resources on other higher priority projects and did not have a specific timeline for any next action on e-disclosure issues. In their 2015 response, Labor reiterated their agreement from agency comments. Based on comments from their RFI, they understand that many plan sponsors, especially those that have intranet websites, already post plan-related information for employees and that input from consumer advocates that have expressed concern about replacing employees? paper disclosure rights under ERISA with internet access. Labor has not added an e-disclosure project to its regulatory agenda but is still focusing its regulatory resources on other higher priority projects. GAO continues to believe that this is an important pursuit. In FY 17, Labor stated that they do not have any specific timeline for actions on e-disclosures.
    Director: Jeszeck, Charles A
    Phone: (202) 512-7215

    2 open recommendations
    Recommendation: As DOL considers changes to participant benefit statements and other disclosures, the Secretary of DOL should consider strategies other countries have employed to help participants make sound decisions, such as providing timely information at or before retirement about available spend-down options and projections of future retirement income.

    Agency: Department of Labor
    Status: Open

    Comments: DOL agreed that participants should have timely information at or before retirement about available spend-down options and projections of future retirement income. DOL had previously published an Advance Notice of Proposed Rulemaking soliciting public input on ways to show an projections of lifetime income in retirement plan benefit statements. DOL also consulted with the ERISA Advisory Council on ways it could assist DOL in this area. The Council developed and submitted to DOL tips, principals, and samples for plan sponsors to consider when communicating with participants. However, DOL has not taken additional steps in this area and continues to cite its other regulatory and guidance priorities as taking precedence.
    Recommendation: As DOL continues to review regulatory barriers to lifetime income options for 401(k) plan participants it should consider other countries' approaches to plans offering annuities, such as their reliance on existing solvency requirements and insurance industry standards to provide assurances rather than place responsibility on plan sponsors to make an assessment of an annuity provider's financial stability. As DOL considers the approaches of other countries and continues to work with the National Association of Insurance Commissioners, which facilitates interactions between insurance companies and state insurance regulators, DOL may wish to consult with the Federal Insurance Office, which coordinates federal efforts on prudential aspects of international insurance matters.

    Agency: Department of Labor
    Status: Open

    Comments: DOL worked with the National Association of Insurance Commissioners (NAIC) in 2013 and 2014 to consider possible options for easing plan sponsor concerns about the requirement to assess the financial solvency of annuity providers. DOL reported they will continue to work with NAIC, as well as the National Organization of Life & Health Insurance Guaranty Associations and Treasury's Federal Insurance Office as they consider potential regulatory approaches in this area. DOL also worked with the Federal Insurance Office in developing guidance on the selection and monitoring of annuity providers under the current annuity selection safe harbor regulation. However, DOL has not taken further actions and continues to cite its other regulatory and guidance priorities as taking precedence. We commend DOL's efforts on a more workable safe harbor, but continue to encourage DOL to review alternative approaches taken by other countries, such as their reliance on existing solvency requirements and insurance standards, which can ease the burden on plan sponsors.
    Director: Powner, David A
    Phone: (202)512-9286

    2 open recommendations
    Recommendation: To improve the department's implementation of PortfolioStat, in future reporting to OMB, the Secretary of Labor should direct the CIO to fully describe the following PortfolioStat action plan elements: (1) consolidate commodity IT spending under the agency CIO and (2) establish targets for commodity IT spending reductions and deadlines for meeting those targets.

    Agency: Department of Labor
    Status: Open

    Comments: In its December 2013 response to this recommendation, the Department of Labor stated that the Chief Information Officer participates in discussions to identify and eliminate duplication and facilitate the use of commodity IT and shared services through the IT governance committees. We are reviewing documentation we recently obtained from the department to determine the current status of action to address this recommendation.
    Recommendation: To improve the department's implementation of PortfolioStat, the Secretary of Labor should direct the CIO to report on the department's progress in consolidating the cloud e-mail services to a shared service as part of the OMB integrated data collection quarterly reporting until completed.

    Agency: Department of Labor
    Status: Open

    Comments: The Department of Labor completed the consolidation of DOL agency e-mail systems into a shared cloud-based e-mail service in September 2014. In July 2015, the department provided evidence of a status report on the Office of Management and Budget IT dashboard showing completion of the initiative.
    Director: Jeszeck, Charles A
    Phone: (202) 512-7215

    2 open recommendations
    Recommendation: The Secretary of Labor and the Secretary of the Treasury should consider requiring pension plan sponsors to provide participants with an opportunity to opt out of all forms of electronic delivery, including (but not limited to) disclosures sent by default electronic delivery and disclosures posted on a secure continuous access website.

    Agency: Department of Labor
    Status: Open

    Comments: In 2013, DOL stated that it was appropriate to consider the merits of broader rights to opt out of electronic delivery and would want to consult with the Treasury Department/IRS on the agencies' different opt-out standards. In FY14, the agency reiterated that dfferent opt-out standards may be appropriate for general plan information versus individual account or other personal information and would consult with Treasury/IRS. They will consider this matter as part of any future rulemaking that modifies or amends the current regulatory safe harbor. In FY15, Labor stated that different opt-out standards may be appropriate for general plan information versus individual account or other personal information, but that was an issue for Labor to consider in consultation with the Treasury Department/IRS should Labor pursue future rulemaking that modifies or amends the current regulatory safe harbor. In July 2016, DOL confirmed that the agency continues to plan to take the above action. As of July 2017, DOL indicated that no decisions had been made concerning future rulemaking in this area.
    Recommendation: The Secretary of Labor and the Secretary of the Treasury should consider requiring pension plan sponsors to send a periodic paper notice to participants reminding them of their right to change their preferred delivery method at any time and the steps they must take to make these changes.

    Agency: Department of Labor
    Status: Open

    Comments: In FY13, DOL stated that it was appropriate to obtain further input on requiring some periodic paper reminder notice. In FY14, the agency reported that the sort of periodic notice described by GAO could be a safeguard against malfunctions in the electronic communication system and act as a reminder that important plan information is being provided through electronic media. DOL will consider and obtain further input on requiring a periodic paper reminder of as part of any future rulemaking that modifies or amends the current regulatory safe harbor. In FY15, Labor stated that the agency intends to consider and obtain further input on requiring a periodic paper reminder should we pursue future rulemaking that modifies or amends the current regulatory safe harbor. In July 2016, DOL confirmed that the agency continues to plan to take the above action. As of July 2017, DOL indicated that no decisions had been made concerning future rulemaking in this area.
    Director: Cha, Carol
    Phone: (202) 512-3000

    2 open recommendations
    Recommendation: To enhance federal agencies' ability to realize enterprise architecture benefits, the Secretaries of the Departments of Agriculture, the Air Force, the Army, Commerce, Defense, Education, Energy, Homeland Security, the Interior, Labor, the Navy, State, Transportation, the Treasury, and Veterans Affairs; the Attorney General; the Administrators of the Environmental Protection Agency, General Services Administration, National Aeronautics and Space Administration, and Small Business Administration; the Commissioners of the Nuclear Regulatory Commission and Social Security Administration; and the Directors of the National Science Foundation and the Office of Personnel Management should fully establish an approach for measuring enterprise architecture outcomes, including a documented method (i.e., steps to be followed) and metrics that are measurable, meaningful, repeatable, consistent, actionable, and aligned with the agency's enterprise architecture's strategic goals and intended purpose.

    Agency: Department of Labor
    Status: Open

    Comments: The Department of Labor has not implemented this recommendation. In July 2017, the department stated that, by the end of fiscal year 2018, it would include the adoption and implementation of measurable enterprise architecture outcomes as part of upcoming information technology strategic planning efforts. We will continue to monitor the department's efforts to implement the recommendation.
    Recommendation: To enhance federal agencies' ability to realize enterprise architecture benefits, the Secretaries of the Departments of Agriculture, the Air Force, the Army, Commerce, Defense, Education, Energy, Homeland Security, the Interior, Labor, the Navy, State, Transportation, the Treasury, and Veterans Affairs; the Attorney General; the Administrators of the Environmental Protection Agency, General Services Administration, National Aeronautics and Space Administration, and Small Business Administration; the Commissioners of the Nuclear Regulatory Commission and Social Security Administration; and the Directors of the National Science Foundation and the Office of Personnel Management should periodically measure and report enterprise architecture outcomes and benefits to top agency officials (i.e., executives with authority to commit resources or make changes to the program) and to OMB.

    Agency: Department of Labor
    Status: Open

    Comments: The Department of Labor has not implemented this recommendation. In July 2017, the department stated that it planned to include, by the end of fiscal year 2018, the adoption and implementation of measurable enterprise architecture outcomes as part of upcoming information technology strategic planning efforts. We will continue to monitor the department's efforts to implement the recommendation.
    Director: Wilshusen, Gregory C
    Phone: (202)512-3000

    1 open recommendations
    Recommendation: To meet the HSPD-12 program's objectives of using the electronic capabilities of PIV cards for access to federal facilities, networks, and systems, the Secretary of Labor should ensure that the department's plans for PIV-enabled physical access at major facilities are implemented in a timely manner.

    Agency: Department of Labor
    Status: Open

    Comments: As of June 2017, Labor had not provided any information about whether the department's plans for PIV-enabled physical access at major facilities were being implemented in a timely manner.