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    Subject Term: "Executive orders"

    10 publications with a total of 33 open recommendations including 1 priority recommendation
    Director: Merritt, Zina Dache
    Phone: (202) 512-5257

    2 open recommendations
    Recommendation: To implement DOD guidance requiring the military departments to prepare readiness and Operation and Maintenance (O&M) budget impact assessments during drawdown planning, the Secretary of Defense should direct the Secretaries of the military departments to develop guidance that assigns responsibility for the preparation of impact assessments and includes direction on how such assessments should be conducted as part of drawdown planning.

    Agency: Department of Defense
    Status: Open

    Comments: In commenting on the draft report, DOD concurred with the recommendation.
    Recommendation: To implement DOD guidance requiring the military departments to prepare readiness and O&M budget impact assessments during drawdown planning, the Secretary of Defense should direct the Director, DSCA, to develop an internal control mechanism to determine whether the military departments have completed the required impact assessments before moving forward with drawdown planning and execution.

    Agency: Department of Defense
    Status: Open

    Comments: In commenting on the draft report, DOD concurred with the recommendation.
    Director: Michelle Sager
    Phone: (202) 512-6806

    8 open recommendations
    including 1 priority recommendation
    Recommendation: The Commissioner of Internal Revenue should communicate more clearly the limitations of information not published in the IRB to taxpayers. Such action could include adding clarifying language to some pieces of information not published in the IRB, like FAQs, and amending policies and procedures, such as the Internal Revenue Manual (IRM), to clarify when IRS information should contain a statement regarding its legal authority and whether the item can be used or cited as precedent.

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

    Comments: As of May 2017, IRS has informed GAO that it has implemented the recommendation. GAO is in the process of verifying that the recommendation was successfully implemented.
    Recommendation: The Commissioner of Internal Revenue should amend current policies and procedures for drafting guidance to include factors to consider when deciding what type of guidance to issue and procedures for documenting those decisions internally.

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

    Comments: As of May 2017, IRS has informed GAO that it has implemented the recommendation. GAO is in the process of verifying that the recommendation was successfully implemented.
    Recommendation: The Commissioner of Internal Revenue should develop policies and procedures to help guidance-drafting teams assess whether non-regulatory guidance should be considered a rule for purposes of the Congressional Review Act (CRA) and in turn major, and document those assessments internally.

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

    Comments: As of May 2017, IRS has informed GAO that it has implemented the recommendation. GAO is in the process of verifying that the recommendation was successfully implemented.
    Recommendation: The Commissioner of Internal Revenue should take action to ensure that required steps are consistently documented during key phases of the non-regulatory guidance process, as defined in the Chief Counsel Directives Manual.

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

    Comments: As of May 2017, IRS has informed GAO that it has implemented the recommendation. GAO is in the process of verifying that the recommendation was successfully implemented.
    Recommendation: The Director of the Office of Management and Budget and the Secretary of the Treasury should examine the relevance of the long-standing agreement that exempts certain IRS regulations from executive order requirements and Office of Information and Regulatory Affairs (OIRA) oversight; and if relevant, make publicly available any reaffirmation of the agreement and the reasons for it.

    Agency: Department of the Treasury
    Status: Open
    Priority recommendation

    Comments: Treasury agreed with this recommendation. As of March 2017, Treasury stated that it has been reviewing IRS regulations in light of GAO's recommendations. Treasury also stated that Treasury and OMB have been assessing and discussing the relevance of the long-standing agreement that exempts certain IRS regulations from executive order requirements, but are waiting for key new appointees, including the OIRA administrator, to formalize the discussions.
    Recommendation: The Director of the Office of Management and Budget and the Secretary of the Treasury should examine the relevance of the long-standing agreement that exempts certain IRS regulations from executive order requirements and Office of Information and Regulatory Affairs (OIRA) oversight; and if relevant, make publicly available any reaffirmation of the agreement and the reasons for it.

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

    Comments: As of May 2017, OMB has not responded to GAO's request for information about any actions taken to implement this recommendation.
    Recommendation: The Director of Office of Management and Budget and the Secretary of the Treasury should develop a process to ensure that OIRA has the information necessary to determine whether IRS rules are major under CRA and significant under E.O.12866. Consideration should be given on ways to solicit public comments on the potential effects of proposed regulations and non-regulatory guidance, including measures of economic impacts, and on how to document internally the consideration of significant comments by both IRS and OIRA.

    Agency: Department of the Treasury
    Status: Open

    Comments: Treasury agreed with this recommendation. As of March 2017, Treasury stated that it has been reviewing IRS regulations in light of GAO's recommendations. Treasury also stated that Treasury and OMB have been assessing and discussing the relevance of the long-standing agreement that exempts certain IRS regulations from executive order requirements, but are waiting for key new appointees, including the OIRA administrator, to formalize the discussions.
    Recommendation: The Director of Office of Management and Budget and the Secretary of the Treasury should develop a process to ensure that OIRA has the information necessary to determine whether IRS rules are major under CRA and significant under E.O.12866. Consideration should be given on ways to solicit public comments on the potential effects of proposed regulations and non-regulatory guidance, including measures of economic impacts, and on how to document internally the consideration of significant comments by both IRS and OIRA.

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

    Comments: As of May 2017, OMB has not responded to GAO's request for information about any actions taken to implement this recommendation.
    Director: Gregory C. Wilshusen
    Phone: (202) 512-6244

    1 open recommendations
    Recommendation: To better facilitate adoption of the NIST Framework for Improving Critical Infrastructure Cybersecurity, the Secretary of Homeland Security should direct officials responsible for the Critical Infrastructure Cyber Community Voluntary Program to develop metrics for measuring the effectiveness of efforts to promote and support the framework.

    Agency: Department of Homeland Security
    Status: Open

    Comments: In December 2016, DHS officials stated that they will continue to work with sector-specific agency partners and NIST to determine how to develop measurement activities and collect information on C3VP outreach and its effectiveness in promoting and supporting the Cybersecurity Framework. We will continue to monitor their efforts and verify whether implementation of metrics has occurred.
    Director: J. Alfredo Gómez
    Phone: (202) 512-3841

    1 open recommendations
    Recommendation: To enhance HHS's ability to protect public health from the impacts of climate change, the Secretary of HHS should direct CDC to develop a plan describing when it will be able to issue climate change communication guidance to state and local health departments, to better position relevant officials to effectively communicate about the risks that climate change poses to public health and address requirements of the Climate Ready States and Cities Initiative.

    Agency: Department of Health and Human Services
    Status: Open

    Comments: As of December 2016, CDC has taken steps to start developing a communications strategy, and expects this process to include the development of guidance for public health officials to help them more effectively communicate about the health effects of climate change. CDC expects the strategy to be completed by the fall of 2017.
    Director: Michael Courts
    Phone: (202) 512-8980

    2 open recommendations
    Recommendation: To further improve State's processing of nonimmigrant visas, the Secretary of State should evaluate the relative impact of efforts undertaken to reduce nonimmigrant visa interview wait times to help managers make informed future resource decisions.

    Agency: Department of State
    Status: Open

    Comments: According to State officials, State's Bureau of Consular Affairs (CA) is committed to putting procedures in place that will provide all of the necessary management information to assess the relative impact of process improvement efforts. State officials said that CA has expanded collection of detailed nonimmigrant visa productivity data from posts that account for nearly 65 percent of the worldwide NIV workload. That data will provide a basis for future analysis of the impact of process or program changes on adjudicator productivity. State, however, has not completed an evaluation of the relative impact of their efforts.
    Recommendation: To further improve State's processing of nonimmigrant visas, the Secretary of State should document a plan for obtaining end user (i.e., consular officers) input to help improve end user satisfaction and prioritize enhancements to information technology systems.

    Agency: Department of State
    Status: Open

    Comments: State informed GAO that it has taken some steps to gather additional end-user input, such as centrally tracking and then prioritizing input and expanding the use of Agile development methodology that will permit more frequent updates of software that end users desire. State, however, has not provided evidence of a documented plan for obtaining end user input to help improve end user satisfaction and prioritize enhancements to information technology systems.
    Director: J. Christopher Mihm
    Phone: (202) 512-6806

    4 open recommendations
    Recommendation: Recognizing that moving toward a more customer-oriented culture within federal agencies is likely to be a continuous effort, the Secretary of Agriculture should direct the Under Secretary for Natural Resources and Environment, to improve Forest Service's customer service standards and feedback review, to: (1) ensure standards include performance targets or goals, (2) ensure standards include performance measures, (3) ensure standards are easily publicly available, (4) develop a feedback mechanism to collect comments agency-wide, which should include guidance or criteria to elevate customer feedback from local and regional offices to identify the need for and to make service improvements.

    Agency: Department of Agriculture
    Status: Open

    Comments: In August 2017, Forest Service provided an update for completing the tasks necessary to respond to our recommendations. In accordance with our recommendations, for each of its customer service standards, the Forest Service has developed goals, targets and measures and we consider this part of the recommendation closed. Forest Service stated the remaining part of the recommendation will be implemented by December 2018. Specifically, the Forest Service stated by December 2018 it will begin to make standards easily publicly available on its public-facing websites. The Forest Service provided the criteria for elevating customer comments and by December 2018 stated it will begin to deploy and collect feedback forms. We will close this recommendation as implemented when standards are publicly available and customer feedback forms are deployed.
    Recommendation: Recognizing that moving toward a more customer-oriented culture within federal agencies is likely to be a continuous effort, the Secretary of Education should direct Federal Student Aid's Chief Operating Officer, to improve Federal Student Aid's customer service standards and feedback review, to: (1) ensure standards are easily publicly available, (2) develop a feedback mechanism that includes guidance or criteria for service providers to elevate customer feedback to identify the need for and to make service improvements.

    Agency: Department of Education
    Status: Open

    Comments: We emailed Department of Education in June 2017 for an update on the status of this recommendation. Once a response is received we will update this recommendation.
    Recommendation: Recognizing that moving toward a more customer-oriented culture within federal agencies is likely to be a continuous effort, the Commissioner of U.S. Customs and Border Protection should, to improve CBP's customer service standards: (1) ensure standards include performance targets or goals, (2) ensure standards include performance measures.

    Agency: Department of Homeland Security: United States Customs and Border Protection
    Status: Open

    Comments: In January 2017, CBP sent an email stating that the agency has done all it can to fully implement the recommendation at this time. Because CBP does not have performance goals or targets for customer service standards this recommendation remains open. In April 2016, CBP provided us with customer service survey questions they use to collect data. Based on our review of that information, we were unable to confirm CBP had established performance targets and goals for the data being collected. As we stated in the report, performance goals should be in a quantifiable and measurable form to define the level of performance to be achieved for program activities each year. Although CBP is collecting new customer service data based on survey responses, without predetermined performance targets that align with a customer service standard it is not clear what or if internal targets or customer needs are being met. In June 2017, we emailed CBP for an update on the status of this recommendation. Once a response is received we will update this recommendation.
    Recommendation: Recognizing that moving toward a more customer-oriented culture within federal agencies is likely to be a continuous effort, the Secretary of the Interior should direct the Assistant Secretary of Fish, Wildlife and Parks, to improve the National Park Service's customer service standards and feedback review, to: (1) ensure standards include performance targets or goals, (2) ensure standards include performance measures, (3) ensure standards are easily publicly available, (4) develop a feedback mechanism that includes guidance or criteria to review and elevate customer feedback from local and regional offices to identify the need for and to make service improvements.

    Agency: Department of the Interior
    Status: Open

    Comments: According to NPS officials, NPS plans on defining a strategy that describes the intended customer experience for highest customer interactions such as Volunteer in Parks program and Teacher engagement program. NPS will align the strategy with overall organizational strategy, share the strategy with all employees (e.g., documentation, training), and update strategy plans to include performance targets and goals for customer service. NPS also plans on soliciting feedback from customers about their experiences with the VIP and Teacher Outreach Programs, collecting unsolicited feedback from customers about their experiences with the organization (e.g., by mining calls, emails, or social media posts), and gathering input from employees about their experiences with customers and their role in delivering the customer experience. NPS plans to share customer experience metrics and models with all employees (e.g., distribute reports and dashboards, conduct training sessions), publish customer service standards on website so that customers know what to expect, and publish customer service data to ensure actual service levels are transparent. Finally NPS plans on piloting the "Federal Feedback" Button and evaluate for expanded use in fiscal year 2018. In June 2017, we emailed NPS for an update on this recommendation. Once a response is received we will update this recommendation.
    Director: Michelle Sager
    Phone: (202) 512-6806

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

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

    Comments: In a May 14, 2015 letter to the Chairman of the Senate Committee on Homeland Security and Governmental Affairs, the Director of OMB stated that nothing in the Executive Order 12866 prevents agencies from identifying the particular relevant definition of significance in rules, and that some rules do contain this information. However, OMB believes it is appropriate to leave agencies flexibility in how they comply with Executive Order 12866, since such specific procedures for including such information is not a requirement of the Executive Order itself. As of February 2017, the Office of Information and Regulatory Affairs has not taken action. We will continue to monitor this to see whether action is taken.
    Director: Brenda S. Farrell
    Phone: (202) 512-3604

    11 open recommendations
    Recommendation: To help ensure that the respective DHS and DOD data systems contain sufficiently complete and accurate information to facilitate effective oversight of the personnel security clearance revocation and appeal process, the Secretary of Defense should direct the Under Secretary of Defense for Intelligence to take steps to ensure that data are recorded and updated in the Joint Personnel Adjudication System (JPAS) and the department's new systems, so that the relevant fields are filled.

    Agency: Department of Defense
    Status: Open

    Comments: According to a July 2016 update to this recommendation from the Undersecretary of Defense (Intelligence) (USD(I)), the department plans to field the Defense Information System for Security (DISS) to replace Joint Personnel Adjudication System (JPAS) by March 2017. According to DOD, on a monthly basis, OUSD(I), DMDC, the Office of Personnel Management, DoD Components and Industry participate in a meeting which addresses actions to improve the accuracy of information in JPAS. These Data Quality Initiatives (DQIs) serve as the most appropriate means available at this time to enhance completeness and accuracy of JPAS data prior to DISS migration, according to DOD. GAO will continue to monitor migration of data from JPAS to DISS, expected to be completed by the March 2017.
    Recommendation: To help ensure independence and the efficient use of resources, the Secretary of Defense should direct the DOD General Counsel to first, resolve the disagreement about the legal authority to consolidate the PSABs (Personnel Security Appeals Board) and, in collaboration with the PSABs and the Under Secretary of Defense for Intelligence, address any other obstacles to consolidating DOD's PSABs.

    Agency: Department of Defense
    Status: Open

    Comments: As of September 2016, this recommendation remains open because DOD has not yet addressed any obstacles related to consolidating Personnel Security Appeals Boards. On July 10, 2015, DOD Office of General Counsel issued a memo stating that there is no legal obstacle to co-location or consolidation of the Services' Personnel Security Appeal Boards (PSABs) within the Defense Legal Services Agency. The memo further requested that the Director, Defense Personnel Security and Research Center,to do further assessment, after which the DoD OGC, in coordination with the Under Secretary of Defense for Intelligence, will consider whether any further actions should be taken. DOD estimated this action will be completed by the end of fiscal year 2016. GAO will continue to monitor DOD's response to this recommendation.
    Recommendation: To help ensure that all employees within DOD receive the same rights during the revocation process, the Secretary of Defense should direct the Secretary of the Navy to revise Secretary of the Navy Manual M-5510.30 to specify that any information collected by the Navy PSAB from the employee's command will be shared with the employee, who will also be given the opportunity to respond to any such information provided.

    Agency: Department of Defense
    Status: Open

    Comments: As of September 2016, this recommendation remains open. According to a memo from the Undersecretary of Defense (Intelligence), the update of the Navy Manual M-5510.30 has been delayed due to an update in publishing DOD?s personnel security policy. The memo stated that the Navy had instituted procedures to address information provided by the command, sharing the information with the individual and giving the individual an opportunity to respond. The Navy expects to issue its Manual by September 2017.
    Recommendation: To help ensure independence and the efficient use of resources, and, if the General Counsel determines that there are no legal impediments and that other obstacles to consolidation can be addressed, the Secretary of Defense should direct the Defense Legal Services Agency to take steps to implement the Secretary of Defense's direction to consolidate DOD's PSABs.

    Agency: Department of Defense
    Status: Open

    Comments: As of September 2016, this recommendation remains open because, as noted in a prior recommendation, DOD has not yet addressed obstacles to consolidating the Personnel Security Appeals Boards, despite having determined that there are no legal obstacles to consolidation. This recommendation will remain open until DOD takes steps to consolidate the PSABs.
    Recommendation: To help ensure that all employees within DOD receive the same rights during the revocation process, the Secretary of Defense should direct the Secretary of the Army to revise Army Regulation 380-67 to specify that any information collected by the Army PSAB from the employee's command or by the Army PSAB itself will be shared with the employee, who will also be given the opportunity to respond to any such information provided.

    Agency: Department of Defense
    Status: Open

    Comments: As of September 16, 2016, this recommendation remains open pending a finalized version of Army Regulation 380-67. According to a DOD update to this recommendation, a major revision to Army Regulation AR 380-67, "Army Personnel Security Program," incorporates Personnel Security Appeal Boards (PSAB's) requirement to provide any documents it obtains, after receipt of a personnel security file, to the subject who will be allowed a reasonable period of time to respond prior to PSAB rendering a final decision. AR 380-67 is undergoing legal sufficiency review. DOD estimated this review will be finalized late in March 2017. GAO will monitor the status of this regulation and assess whether the revised regulation meets the intent of this recommendation.
    Recommendation: To help ensure that all employees are treated fairly and receive the protections established in the executive order, the Secretary of Homeland Security should direct the Commandant, U.S. Coast Guard, to revise the Coast Guard instruction for military personnel to specify that military personnel may be represented by counsel or other representatives at their own expense.

    Agency: Department of Homeland Security
    Status: Open

    Comments: As of summer 2016, in response to our recommendation, the Commandant of the Coast Guard issued a policy message stating that individuals may have counsel or other representative present at the service member's own expense. According to a Coast Guard official, this message serves as interim guidance until the personnel security manual can be finalized. This official estimated that the manual will be updated in the latter part of fiscal year 2016. This recommendation will remain open until the Coast Guard finalizes the update to its manual in accordance with our recommendation.
    Recommendation: To facilitate department-wide review and assessment of the quality of the personnel security clearance revocation process, the DNI should, in consultation with the Secretaries of Defense and Homeland Security, develop performance measures to better enable them to identify and resolve problems, and direct the collection of related revocation and appeals information.

    Agency: Office of the Director of National Intelligence
    Status: Open

    Comments: When we confirm what actions DNI has taken in response to this recommendation, we will provide updated information.
    Recommendation: To facilitate coordination between personnel security and human capital offices regarding how a security clearance revocation should affect an employee's employment status, and to help ensure that individuals are treated in a fair and consistent manner, the Secretary of Homeland Security should direct the Under Secretary for Management to review and revise policy regarding coordination between the personnel security and human capital offices to clarify what information can and should be communicated between human capital and personnel security officials at specified decision points in the revocation process, and when that information should be communicated.

    Agency: Department of Homeland Security
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To facilitate coordination between personnel security and human capital offices regarding how a security clearance revocation should affect an employee's employment status, and to help ensure that individuals are treated in a fair and consistent manner, the Secretary of Defense should direct the Under Secretary of Defense for Personnel and Readiness, in consultation with the Under Secretary of Defense for Intelligence, to review and revise policy regarding coordination between the personnel security and human capital offices to clarify what information can and should be communicated between human capital and personnel security officials at specified decision points in the revocation process, and when that information should be communicated.

    Agency: Department of Defense
    Status: Open

    Comments: As of September 16, 2016, this recommendation remains open pending the department's update to a draft manual. According to an update from DOD, the Office of the Undersecretary of Defense (Intelligence) (OUSD(I)) will replace DoD 5200.2-R, "Personnel Security Program," 01/1987 with DoD Manual5200.02. The draft DoD Manual elaborates on the procedures required during due process to ensure that individuals are treated in a fair and consistent manner, according to DOD's update. The Draft DoD Manual 5200.02 is under legal sufficiency review (LSR). Once LSR has been completed, the Federal Register package will be provided to the Office of Management and Budget for interagency coordination. DOD estimates the manual will be finalized March 30, 2017.
    Recommendation: To help ensure that the DNI report to Congress contains accurate data about the number of current DOD military and federal civilian employees eligible to access classified information, the Secretary of Defense should direct the Under Secretary of Defense for Intelligence and the Under Secretary of Defense for Personnel and Readiness to review and analyze the discrepancies in the total number of employees and the number of employees eligible to access classified information, and take immediate steps to address the problems.

    Agency: Department of Defense
    Status: Open

    Comments: As of September 16, 2016, this recommendation remains open pending the department's fielding of an updated Defense Information System for Security (DISS), scheduled for the March 2017. According to an update provided by DOD, DISS will contain all requisite fields to capture revocation and appeals related data. GAO will monitor fielding of the new system and in the process of validating DOD officials' statements that discrepancies have been substantially resolved.
    Recommendation: To help ensure that similarly situated individuals are treated consistently, and to facilitate oversight and help ensure the quality of the security clearance revocation process, the DNI should review whether the existing security clearance revocation process is the most efficient and effective approach. In this review, the DNI should consider whether there should be a single personnel security clearance revocation process used across all executive-branch agencies and workforces, with consideration of areas such as the timing of the personal appearance in the revocation process, and the ability to cross-examine witnesses. Further, to the extent that a single process or changes to the existing parallel processes are warranted, the DNI should consider whether there is a need to establish any policies and procedures to facilitate a more consistent process, and recommend as needed any revisions to existing executive orders or other executive-branch guidance.

    Agency: Office of the Director of National Intelligence
    Status: Open

    Comments: When we confirm what actions DNI has taken in response to this recommendation, we will provide updated information
    Director: Mihm, J Christopher
    Phone: (202) 512-3236

    2 open recommendations
    Recommendation: To improve agencies' retrospective regulatory review processes and reporting, and strengthen linkages between retrospective reviews and agency performance management, the Director of the Office of Management and Budget should direct the Administrator of the Office of Information and Regulatory Affairs to work with regulatory agencies to implement existing guidance, and update guidance where needed, to improve the reporting of outcomes in their retrospective regulatory review plans by taking actions such as: (1) publishing a link to updated plans, which list recent results and anticipated outcomes, on the White House website; (2) submitting evidence that agencies listed updates of their plans on their "Open Government" web pages; (3) providing more comprehensive information on completed reviews in agencies' most recent plans and progress reports by (a) ensuring the most recent published plan contains a complete accounting of all completed reviews rather than expecting readers to review multiple plans, and (b) including the supporting analysis and data for results by listing a link or citation to the related documentation.

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

    Comments: In comments on the draft report, OMB staff generally agreed with the recommendation. In responses to questions for the record following a July 2015 Senate hearing on OMB's Office of Information and Regulatory Affairs (OIRA), the OIRA Administrator noted that OIRA has adopted several of the recommendations in GAO-14-268. Regarding this recommendation, the Administrator stated that OIRA posted agencies' retrospective review plans on a central OMB site. As of August 2017, these plans and progress updates are now publicly available, by agency, on the archived OMB website for President Obama's administration (see https://obamawhitehouse.archives.gov/omb/oira/regulation-reform).
    Recommendation: To improve agencies' retrospective regulatory review processes and reporting, and strengthen linkages between retrospective reviews and agency performance management, the Director of the Office of Management and Budget should direct the Administrator of the Office of Information and Regulatory Affairs to ensure that the Office of Information and Regulatory Affairs, as part of its oversight role, monitor the extent to which agencies have implemented the guidance on retrospective regulatory review requirements outlined in the related executive orders and confirm that agencies have identified how they will assess the performance of regulations in the future.

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

    Comments: In comments on the draft report, OMB staff generally agreed with the recommendation. In responses to questions for the record following a July 2015 Senate hearing on the Office of Information and Regulatory Affairs' (OIRA) role in the regulatory process, the OIRA Administrator noted that OIRA has adopted several of the recommendations in GAO-14-268. Specifically regarding this recommendation, the Administrator stated that OIRA regularly asks agencies to consider the incorporation of a retrospective review planning component in forward-looking regulations, but as of August 2017 OMB has not responded to GAO's requests to provide additional details.
    Director: Goldenkoff, Robert N
    Phone: (202)512-2757

    1 open recommendations
    Recommendation: To provide more meaningful access to LEP populations, the Administrator of SBA should finalize and issue its LEP plan and recipient guidance.

    Agency: Small Business Administration
    Status: Open

    Comments: Executive Order 13166 requires federal agencies to examine how to improve access for persons with limited English proficiency (LEP) to programs, services, and activities conducted by both federal agencies as well as state, local, and regional entities that receive federal financial assistance (a group referred to in the Executive Order as "recipients"). While the Executive Order does not prescribe specific approaches for improving access for LEP persons, it does require federal agencies to develop guidelines (referred to as "recipient guidance") that clarify the obligations of state, local, and regional entities. Agencies are also required to prepare LEP plans outlining the steps the agency will take to ensure that eligible LEP persons can access their programs and activities. In our April 2010 report on language access issues, we determined that the Small Business Administration (SBA) had not issued its recipient guidance or LEP plan. SBA officials attributed the delay to several factors, including staff turnover in key positions responsible for developing and approving their LEP Plan and recipient guidance as well as a major transformation effort involving SBA's business operations, goals, and staffing arrangements. As a result, our report recommended that the SBA Administrator finalize and issue SBA's LEP Plan and recipient guidance. As of February 2017, SBA's audit liaison reported that SBA's LEP Plan and recipient guidance are being revised based on comments from a review by the Department of Justice.