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    Subject Term: "Industrial facilities"

    12 publications with a total of 27 open recommendations including 3 priority recommendations
    Director: Zina D. Merritt
    Phone: (202) 512-5257

    6 open recommendations
    Recommendation: The Under Secretary of Defense for Acquisition, Technology and Logistics, in conjunction with the Defense Contract Management Agency (DCMA) and the military departments, should assess whether risk mitigation actions have been identified in the event of a loss of each task critical assets (TCA) facility in the defense industrial base and, based on this assessment, develop risk mitigation actions with associated implementation plans and time lines, and provide this information to congressional and DOD decision makers. (Recommendation 1)

    Agency: Department of Defense: Office of the Secretary of Defense: Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: The Under Secretary of Defense for Acquisition, Technology and Logistics, in conjunction with DCMA and the military departments, should provide congressional and DOD decision makers with information on potential effects on defense capabilities in the event of a loss of each TCA facility in the defense industrial base. (Recommendation 2)

    Agency: Department of Defense: Office of the Secretary of Defense: Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: The Under Secretary of Defense for Acquisition, Technology and Logistics, in conjunction with DCMA and the military departments, should provide congressional and DOD decision makers with information on DOD organic facilities that have been identified as TCAs, similar to the information provided previously on commercial facilities. This information also should include (1) the potential effects on defense capabilities in the event of a loss of the facility and (2) risk mitigation actions and associated implementation plans with time lines. (Recommendation 3)

    Agency: Department of Defense: Office of the Secretary of Defense: Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: The Under Secretary of Defense for Acquisition, Technology and Logistics, in conjunction with DCMA and the military departments, should take steps to share information on risks identified through the annual Critical Asset Identification Process with relevant program managers or other designated service or program officials. At a minimum, relevant officials should receive information on the most critical facilities (such as TCAs) that produce parts supporting their programs. This information-sharing could occur through service-specific channels of communication or another method of internal communication deemed appropriate by DOD. (Recommendation 4)

    Agency: Department of Defense: Office of the Secretary of Defense: Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: The Under Secretary of Defense for Acquisition, Technology and Logistics, in conjunction with the military departments, should develop a mechanism to ensure that program offices obtain information from contractors on single source of supply risks. (Recommendation 5)

    Agency: Department of Defense: Office of the Secretary of Defense: Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: The Under Secretary of Defense for Acquisition, Technology and Logistics, in conjunction with the military departments, should issue department-wide DMSMS policy, such as an instruction, that clearly defines requirements of DMSMS management and details responsibilities and procedures to be followed by program offices to implement the policy. (Recommendation 6)

    Agency: Department of Defense: Office of the Secretary of Defense: Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Director: Kimberly M. Gianopoulos
    Phone: (202) 512-8612

    1 open recommendations
    including 1 priority recommendation
    Recommendation: To improve the effectiveness of the SEC's conflict minerals disclosure rule, the Secretary of Commerce should submit to the appropriate congressional committees a plan outlining steps that Commerce will take, with associated time frames, to (1) assess the accuracy of the independent private sector audits (IPSA) and other due diligence processes described under section 13(p) of the Securities Exchange Act of 1934; (2) develop recommendations for the process used to carry out such audits, including ways to improve the accuracy of the audits and establish standards of best practices for such audits; and (3) acquire the necessary knowledge, skills, and abilities to carry out these responsibilities.

    Agency: Department of Commerce
    Status: Open
    Priority recommendation

    Comments: Commerce agreed with this recommendation. In response to this recommendation, Commerce indicated in an October 25, 2016 letter to GAO that it has developed a three-step approach which parallels the three distinct elements of the recommendation. To fully implement this recommendation, Commerce needs to submit the said three-step plan, including associated timeframes for their completion, to the appropriate congressional committees. Section 1502 of the Dodd-Frank Act defines "appropriate committees" to mean the Committee on Appropriations, the Committee on Foreign Affairs, the Committee on Ways and Means, and the Committee on Financial Services of the House of Representatives; and the Committee on Appropriations, the Committee on Foreign Relations, the Committee on Finance, and the Committee on Banking, Housing, and Urban Affairs of the Senate.
    Director: Chris Currie
    Phone: (404) 679-1875

    1 open recommendations
    Recommendation: To help ensure that whistleblower retaliation reports are addressed efficiently and effectively, the Secretary of Homeland Security should direct the Under Secretary of DHS's National Protection and Programs Directorate's (NPPD), the Assistant Secretary for Infrastructure Protection, and the Director of the Infrastructure Security Compliance Division (ISCD) to develop a documented process and procedures to address and investigate whistleblower retaliation reports that could include existing practices, such as the Department of Labor's Occupational Safety and Health Administration's recommended practices, in developing the process and procedures.

    Agency: Department of Homeland Security
    Status: Open

    Comments: According to Infrastructure Security Compliance Division (ISCD) officials, in September 2016 they initiated development of a standard operating procedure for addressing and investigating whistleblower retaliation complaints. ISCD expects to complete a final version of the standard operating procedure by June 2017. According to ISCD officials, the procedure will consider OSHA's guidance, once available, when developing this set of procedures. We will update the status of this recommendation after additional information is received from DHS.
    Director: Cindy Brown Barnes
    Phone: (202) 512-7215

    3 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.
    Recommendation: To develop a better understanding of meat and poultry sanitation workers' injuries and illnesses, the Secretary of Health and Human Services should direct the Director of the Centers for Disease Control and Prevention to have the National Institute for Occupational Safety and Health (NIOSH) conduct a study of the injuries and illnesses these workers experience, including their causes and how they are reported. Given the challenges to gaining access to this population, NIOSH may want to coordinate with the Occupational Safety and Health Administration to develop ways to initiate this study.

    Agency: Department of Health and Human Services
    Status: Open

    Comments: HHS concurred with this recommendation and noted the previous difficulties NIOSH has had gaining access to these workplaces and the potential resource commitment involved in conducting such a study. We acknowledge this access challenge and noted in our report that OSHA has negotiated access for NIOSH in other industries, hence the rationale for recommending that NIOSH may want to coordinate with OSHA. The agency reported that it would reach out to stakeholders, such as worker unions, USDA and OSHA, to discuss the range of types of study that could be conducted to provide useful information. GAO will await the progress of this effort and close the recommendation when the agency initiates a study.
    Director: Jennifer Grover
    Phone: (202) 512-7141

    2 open recommendations
    Recommendation: The Attorney General should direct ODAG to document a plan specifying DOJ's process for monitoring the effects of marijuana legalization under state law, in accordance with DOJ's 2013 marijuana enforcement policy guidance, to include the identification of the various data ODAG will use and their potential limitations for monitoring the effects of state marijuana legalization, and how ODAG will use the information sources in its monitoring efforts to help inform decisions on whether state systems are effectively protecting federal marijuana enforcement priorities.

    Agency: Department of Justice
    Status: Open

    Comments: The agency concurred with the recommendation and reported plans to implement it. Subsequent to the agency stating that it has taken action, we plan to verify whether implementation has occurred.
    Recommendation: The Attorney General should direct ODAG to use existing mechanisms to share DOJ's monitoring plan with appropriate officials from DOJ components responsible for providing information DOJ reports using regarding the effects of state legalization to ODAG, obtain feedback, and incorporate the feedback into its plan.

    Agency: Department of Justice
    Status: Open

    Comments: The agency concurred with the recommendation and reported plans to implement it. Subsequent to the agency stating that it has taken action, we plan to verify whether implementation has occurred.
    Director: Johana Ayers
    Phone: (202) 512-5741

    4 open recommendations
    Recommendation: To help DOD ensure that it appropriately considers the manufacturing arsenals as a source of manufacture and is strategically positioned to sustain the manufacturing arsenals' critical capabilities, the Secretary of Defense should direct the Secretary of the Army to issue clear, step-by-step implementing guidance, such as an instruction or guidebook, on the process for conducting make-or-buy analyses in a consistent manner.

    Agency: Department of Defense
    Status: Open

    Comments: DOD concurred with our recommendation related to issuing implementing guidance on make-or-buy analyses but provided no details on how or when it would issue such guidance. As of September 2016 DOD had not taken any action and this recommendation will remain open.
    Recommendation: To help DOD ensure that it appropriately considers the manufacturing arsenals as a source of manufacture and is strategically positioned to sustain the manufacturing arsenals' critical capabilities, the Secretary of Defense should direct the Secretary of the Army to identify and document fundamental elements--such as steps, interim milestones, time frames, and resources--for implementing the Army's Organic Industrial Base Strategic Plan 2012-2022.

    Agency: Department of Defense
    Status: Open

    Comments: DOD concurred with our recommendation related to implementing its 2012 strategic plan but provided no details on how or when it would implement the recommendation. As of September 2016 DOD had not taken any action and this recommendation will remain open.
    Recommendation: To help DOD ensure that it appropriately considers the manufacturing arsenals as a source of manufacture and is strategically positioned to sustain the manufacturing arsenals' critical capabilities, the Secretary of Defense should direct the Office of the Deputy Assistant Secretary of Defense for Maintenance Policy and Programs--in coordination with the military services, as appropriate, to complete DOD's ongoing effort to establish a process for identifying the manufacturing arsenals' critical capabilities and a method for determining the minimum workload needed to sustain these capabilities.

    Agency: Department of Defense
    Status: Open

    Comments: DOD concurred with our recommendation related to developing a process to identify the arsenals? critical capabilities and a method to determine the minimum workload needed to sustain those capabilities. DOD stated that its effort to address this recommendation were on going. As of September 2016 DOD had not taken any action and this recommendation will remain open.
    Recommendation: To help DOD ensure that it appropriately considers the manufacturing arsenals as a source of manufacture and is strategically positioned to sustain the manufacturing arsenals' critical capabilities, the Secretary of Defense should direct the Office of the Deputy Assistant Secretary of Defense for Maintenance Policy and Programs--in coordination with the military services, as appropriate, to develop and issue guidance, such as a DOD instruction, to implement the process for identifying the manufacturing arsenals' critical capabilities and the method for determining the minimum workload needed to sustain these capabilities.

    Agency: Department of Defense
    Status: Open

    Comments: Although DOD did not specifically comment on our recommendation related to issuing guidance to implement a process for identifying the arsenals critical capabilities and a method for determining the minimum workload needed to sustain these capabilities, it commented that it expects to issue an instruction incorporating such a process by the end of fiscal year 2016. However, as of September 2016 DOD had not taken any action and this recommendation will remain open.
    Director: Frank Rusco
    Phone: (202) 512-3841

    1 open recommendations
    Recommendation: To help achieve and sustain public acceptance for future spent nuclearfuel management efforts, the Secretary of the Department of Energy should develop and implement a coordinated outreach strategy for providing information to specific stakeholders and the general public on federal activities related to managing spent nuclear fuel.

    Agency: Department of Energy
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Director: David C. Trimble
    Phone: (202) 512-3841

    1 open recommendations
    including 1 priority recommendation
    Recommendation: To ensure that the security of radiological sources at industrial facilities is reasonably assured, the Chairman of the Nuclear Regulatory Commission should conduct an assessment of the T&R process--by which licensees approve employees for unescorted access--to determine if it provides reasonable assurance against insider threats, including (1) determining why criminal history information concerning convictions for terroristic threats was not provided to a licensee during the T&R process to establish if this represents an isolated case or a systemic weakness in the T&R process; and (2) revising, to the extent permitted by law, the T&R process to provide specific guidance to licensees on how to review a employee's background. NRC should also consider whether certain criminal convictions or other indicators should disqualify an employee from T&R or trigger a greater role for NRC.

    Agency: Nuclear Regulatory Commission
    Status: Open
    Priority recommendation

    Comments: On December 14, 2016, the NRC provided Congress with a report detailing its review of the effectiveness of the requirements in 10 CFR Part 37 to determine whether any additional security measures, guidance updates, rulemaking changes, or licensee outreach efforts are appropriate. The completion of the 10 CFR Part 37 program review included insights into the effectiveness of the T&R process. Specifically, the review generated recommendations for enhancements in the area of T&R, including, among other things, increased controls for protection of information related to individuals having access to Category 1 and 2 quantities of radioactive materials; improved guidance related to information individuals must disclose when applying for unescorted access; development of sample forms or templates for use in T&R evaluations; and improved coordination efforts with the FBI to share potential terrorist threat information involving individuals seeking approval for new or continued unescorted access to Category 1 and 2 quantities of radioactive materials. However, certain aspects of the NRC staff's assessment of the T&R process remain ongoing. Specifically, on November 25, 2016, the staff closed Temporary Instruction (TI) 2800/042, "Evaluation of Trustworthiness and Reliability Determinations," and is using the information gained from the TI to consider additional enhancements to the T&R process. As part of this continuing effort, the NRC will evaluate the potential use of disqualifying criteria in making T&R determinations and the incorporation of additional insider mitigation program features, such as requiring the self-reporting of legal actions, into the T&R process to which the individual has been subject. The NRC expects this evaluation to be completed in December 2017.
    Director: Brown Barnes, Cindy S
    Phone: (202) 512-9345

    4 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: 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: Environmental Protection Agency
    Status: Open

    Comments: In January 2017, EPA issued a final rule to modify its Risk Management Program (RMP) regulations. The agency decided not to propose any revisions to the list of regulated substances and therefore, did not address ammonium nitrate in the revised regulations. In a June 2016 update from EPA, EPA stated that OSHA is considering whether ammonium nitrate should be added to the list of chemicals subject to OSHA Process Safety Management regulations. According to the June 2016 update, EPA stated that while the agency is not presently proposing that ammonium nitrate be added to the list of substances subject to the RMP rule, the agency may elect to propose such a listing at a later date.
    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: Scire, Mathew J
    Phone: (202) 512-8678

    1 open recommendations
    Recommendation: To better ensure that air ventilation systems in manufactured homes perform as specified and meet the HUD Code, HUD should develop an appropriate method to test and validate the performance of the ventilation system as part of the HUD certification process.

    Agency: Department of Housing and Urban Development
    Status: Open

    Comments: In March 2017, HUD stated that it has not developed a test to validate the performance of the whole-house ventilation specification. We continue to believe that developing such a test will better ensure that air ventilation systems in manufactured homes perform as specified and meet the HUD Code.
    Director: Mccool, Thomas J
    Phone: (202)512-8678

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

    Agency: Congress
    Status: Open

    Comments: Congress has not taken action on this recommendation.
    Director: Aloise, Eugene E
    Phone: (202)512-6870

    2 open recommendations
    Recommendation: To strengthen NNSA's oversight practices and current and future facility modernization efforts, and to improve the transparency and usefulness of cost analyses prepared for future NNSA nuclear facilities modernization projects, the Secretary of Energy should direct the Administrator of NNSA to ensure that life cycle cost analyses include a thorough and balanced evaluation of short- and long-term construction and financing alternatives. Such analyses should consider the full useful life of the facility rather than the 20-year requirement for GSA leases or any predetermined length of time that might produce results that favor one option over another.

    Agency: Department of Energy
    Status: Open

    Comments: NNSA provided evidence that it requires life cycle cost analyses for projects greater than $20 million. However, this is not fully responsive to GAO's recommendation. For example, the recommendation stated that each life cycle cost analysis performed includes short- and long-term construction and financing alternatives and that these analyses should consider the full life of the facility rather than the 20-year requirements for GSA leases or any predetermined length of time. NNSA's actions do not address this aspect of the life cycle cost analysis. Our work found that facility's life cycle cost analysis only covered 20 years and it failed to reflect cost savings over a longer useful life (possibly over 50 years) that could have been realized if the facility were purchased instead of leased. Nothing in the draft Order addresses how the life cycle cost period to be analyzed should be established (e.g., 20 years or 50 plus years). Our review of NNSA's additional responses have not provided sufficient evidence to close the recommendation.
    Recommendation: To strengthen NNSA's oversight practices and current and future facility modernization efforts, and because of the importance of mitigating the risks of outsourcing nuclear weapons components and other information that if exported, might allow potential adversaries to develop or advance their nuclear capabilities, the Secretary of Energy should direct the Administrator of NNSA to take immediate action to assess the effectiveness of NNSA's oversight of KCP's current export control and nonproliferation practices and, if appropriate, initiate corrective actions to strengthen that oversight.

    Agency: Department of Energy
    Status: Open

    Comments: While NNSA/contractor actions are commendable and appear to be beneficial, such as adding performance-based incentives, training 950 employees, and including new contract clauses in its supplier purchase orders, these actions do not fully satisfy the recommendation. GAO's recommendation was specifically directed at the effectiveness of NNSA's oversight of the KCP contractor's export control and nonproliferation practices and to initiate corrective actions to strengthen that NNSA oversight. While the Kansas City Site Office's addition of a performance based incentive seems to be a good improvement, NNSA has not demonstrated its own oversight effectiveness. Our review of NNSA's response provided in March 2014 was not persuasive. In addition, GAO-16-710 found that as of May 2016, the Secretary of Energy had not used the enhanced procurement authority to ensure supply chain integrity, and the Department of Energy (DOE) had not developed processes for using the authority, as it had not fully assessed the circumstances under which the authority might be useful.