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    Subject Term: Noncompliance

    35 publications with a total of 119 open recommendations including 16 priority recommendations
    Director: Alfredo Gómez
    Phone: (202) 512-3841

    4 open recommendations
    Recommendation: The Assistant Administrator for Water of EPA's Office of Water should require states to report available information about lead pipes to EPA's Safe Drinking Water Information System (SDWIS)/Fed (or a future redesign such as SDWIS Prime) database, in its upcoming revision of the LCR. (Recommendation 1)

    Agency: Environmental Protection Agency: Office of Water
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: The Assistant Administrator for Water of EPA's Office of Water should require states to report all 90th percentile sample results for small water systems to EPA's SDWIS/Fed (or a future redesign such as SDWIS Prime) database, in its upcoming revision of the LCR. (Recommendation 2)

    Agency: Environmental Protection Agency: Office of Water
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: The Assistant Administrator for Water of EPA's Office of Water and the Assistant Administrator of EPA's Office of Enforcement and Compliance Assurance should develop a statistical analysis that incorporates multiple factors--including those currently in SDWIS/Fed and others such as the presence of lead pipes and the use of corrosion control--to identify water systems that might pose a higher likelihood for violating the LCR once complete violations data are obtained, such as through SDWIS Prime. (Recommendation 3)

    Agency: Environmental Protection Agency: Office of Water
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: The Assistant Administrator for Water of EPA's Office of Water and the Assistant Administrator of EPA's Office of Enforcement and Compliance Assurance should develop a statistical analysis that incorporates multiple factors--including those currently in SDWIS/Fed and others such as the presence of lead pipes and the use of corrosion control--to identify water systems that might pose a higher likelihood for violating the LCR once complete violations data are obtained, such as through SDWIS Prime. (Recommendation 3)

    Agency: Environmental Protection Agency: Office of Enforcement and Compliance Assurance
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Director: J. Lawrence Malenich
    Phone: (202) 512-9399

    7 open recommendations
    Recommendation: To help ensure that agencies' civil monetary penalties are adjusted timely and keep pace with inflation, the Acting Administrator of the General Services Administration (GSA) should publish the initial catch-up inflation adjustment in the Federal Register.

    Agency: General Services Administration
    Status: Open

    Comments: GSA agreed with our recommendation and stated that it is developing a comprehensive plan to address the recommendation. GSA also stated that its projected time frame for publishing the catch-up inflation adjustment ruling is the end of October 2017, after completing the review and concurrence process.
    Recommendation: To help ensure that agencies' civil monetary penalties are adjusted timely and keep pace with inflation, the Acting Chairman of the National Transportation Safety Board (NTSB) should publish the initial catch-up inflation adjustment in the Federal Register.

    Agency: National Transportation Safety Board
    Status: Open

    Comments: In an e-mail commenting on our draft report, the Governmental Affairs Liaison at NTSB stated that NTSB plans to publish the initial catch-up inflation adjustment in October 2017.
    Recommendation: To help ensure that agencies' civil monetary penalties are adjusted timely and keep pace with inflation, the Secretary of Agriculture (USDA) should publish the initial catch-up inflation adjustment in the Federal Register.

    Agency: Department of Agriculture
    Status: Open

    Comments: In response to our request for comments on our draft report and recommendation to USDA, the Attorney-Advisor in the Office of General Counsel at USDA stated in an e-mail that USDA did not have any comments.
    Recommendation: To help ensure timely and complete reporting of agencies' civil monetary penalty information in agency financial reports (AFR) and to provide the Office of Management and Budget (OMB) and other decision makers with the information needed to help ensure the effectiveness of civil monetary penalties in enforcing statutes and preventing violations, the Chairman of the Federal Election Commission (FEC) should publish civil monetary penalties within its jurisdiction, including any penalty adjustments, in FEC's 2017 AFR.

    Agency: Federal Election Commission
    Status: Open

    Comments: In response to our request for comments on our draft report and recommendation to FEB, the Director of Congressional, Legislative and Intergovernmental Affairs at FEC stated in an e-mail that FEC had no comments.
    Recommendation: To help ensure timely and complete reporting of agencies' civil monetary penalty information in agency financial reports (AFR) and to provide the Office of Management and Budget (OMB) and other decision makers with the information needed to help ensure the effectiveness of civil monetary penalties in enforcing statutes and preventing violations, the Acting Chairman of the Federal Maritime Commission (FMC) should publish civil monetary penalties within its jurisdiction, including any penalty adjustments, in FMC's 2017 AFR.

    Agency: Federal Maritime Commission
    Status: Open

    Comments: In responding to our draft report, FMC stated that it plans to publish updates to its civil monetary penalty information in its 2017 performance and accountability report.
    Recommendation: To help ensure timely and complete reporting of agencies' civil monetary penalty information in agency financial reports (AFR) and to provide the Office of Management and Budget (OMB) and other decision makers with the information needed to help ensure the effectiveness of civil monetary penalties in enforcing statutes and preventing violations, the Chairman of the National Indian Gaming Commission (NIGC) should publish civil monetary penalties within its jurisdiction, including any penalty adjustments, in the Department of the Interior's 2017 AFR.

    Agency: National Indian Gaming Commission
    Status: Open

    Comments: In response to our request for comments on our draft report, NIGC stated that it generally agreed with our recommendation. In addition, NIGC stated that as an independent federal regulatory agency within the Department of the Interior (DOI), NIGC and DOI have developed procedures to ensure that the required civil monetary penalty information will be reported to DOI for its annual agency financial report starting with fiscal year 2017.
    Recommendation: To help ensure timely and complete reporting of agencies' civil monetary penalty information in agency financial reports (AFR) and to provide the Office of Management and Budget (OMB) and other decision makers with the information needed to help ensure the effectiveness of civil monetary penalties in enforcing statutes and preventing violations, the Director of OMB should clarify its guidance related to civil monetary penalty inflation adjustment information that agencies are required to report in the AFRs.

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

    Comments: In response to our request for comment, OMB staff stated that they generally agreed with our recommendation.
    Director: William B. Shear
    Phone: (202) 512-8678

    20 open recommendations
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Director of the Defense Logistics Agency should comply with sections 15(k)(2), (k)(7), (k)(11), and (k)(17) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    Agency: Department of Defense: Defense Logistics Agency
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Secretary of Agriculture should comply with sections 15(k)(2), (k)(15), and (k)(17) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    Agency: Department of Agriculture
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Secretary of the Army should comply with section 15(k)(8) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    Agency: Department of Defense: Department of the Army
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Secretary of Commerce should comply with sections 15(k)(2), (k)(8), (k)(11), and (k)(17) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    Agency: Department of Commerce
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Secretary of Defense should comply with sections 15(k)(5) and (k)(8) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    Agency: Department of Defense
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Secretary of Education should comply with sections 15(k)(3) and (k)(11) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    Agency: Department of Education
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Secretary of Energy should comply with sections 15(k)(3), (k)(8), and (k)(17) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    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.
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Secretary of Housing and Urban Development should comply with sections 15(k) and (k)(11) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    Agency: Department of Housing and Urban Development
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Secretary of the Interior should comply with sections 15(k)(11) and (k)(17) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    Agency: Department of the Interior
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    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.
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Secretary of the Navy should comply with section 15(k)(8) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    Agency: Department of Defense: Department of the Navy
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Secretary of State should comply with sections 15(k)(8) and (k)(17) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    Agency: Department of State
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Secretary of the Treasury should comply with sections 15(k)(8) and (k)(11) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    Agency: Department of the Treasury
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Secretary of Veterans Affairs should comply with sections 15(k)(3), (k)(8), and (k)(11) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    Agency: Department of Veterans Affairs
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Administrator of Environmental Protection Agency should comply with section 15(k)(15) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    Agency: Environmental Protection Agency
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Administrator of the National Aeronautics and Space Administration should comply with section 15(k)(17) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    Agency: National Aeronautics and Space Administration
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Director of the Office of Personnel Management should comply with sections 15(k)(2), (k)(8), and (k)(17) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    Agency: Office of Personnel Management
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Commissioner of the Social Security Administration should comply with sections 15(k)(2), (k)(3), (k)(6), (k)(8), (k)(11), and (k)(15) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    Agency: Social Security Administration
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: To address demonstrated noncompliance with section 15(k) of the Small Business Act, as amended, the Administrator of the U.S. Agency for International Development should comply with sections 15(k)(15) and (k)(17) or report to Congress on why the agency has not complied, including seeking any statutory flexibilities or exceptions believed appropriate.

    Agency: United States Agency for International Development
    Status: Open

    Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
    Recommendation: As SBA continues to enhance the SBPAC peer review process, the SBA Administrator in her capacity as head of SBPAC should include more detailed guidelines than those used for the current process to facilitate a more in-depth review of agencies' compliance with section 15(k) requirements.

    Agency: Small Business Administration
    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

    3 open recommendations
    Recommendation: To strengthen CBP's ability to assess and respond to compliance risks across the FTZ program, the Commissioner of CBP should centrally compile information from FTZ compliance reviews and associated enforcement actions so that standardized data are available for assessing compliance and internal control risks across the FTZ program.

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

    Comments: CBP concurred with this recommendation and identified steps it intends to take in response to the recommendation. Specifically, CBP stated that it intends to prepare and disseminate a summary template for compiling FTZ compliance reviews and internal control risks across the FZ program. When we confirm the steps CBP has taken to address this recommendation, we will provide updated information.
    Recommendation: To strengthen CBP's ability to assess and respond to compliance risks across the FTZ program, the Commissioner of CBP should conduct a risk analysis of the FTZ program using data across FTZs, including an analysis of the likelihood and significance of compliance violations and enforcement actions.

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

    Comments: CBP concurred with this recommendation and identified steps it intends to take in response to the recommendation. Specifically, CBP stated that it will conduct a risk analysis across the FTZ program. When we confirm the steps CBP has taken to address this recommendation, we will provide updated information.
    Recommendation: To strengthen CBP's ability to assess and respond to compliance risks across the FTZ program, the Commissioner of CBP should utilize the results of the program-wide risk analysis to respond to identified risks, such as updating risk assessment tools and developing best practices for CBP's FTZ compliance review and risk categorization system.

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

    Comments: CBP concurred with this recommendation and identified steps it intends to take in response to the recommendation. Specifically, CBP responded that it will finalize a compliance review handbook that incorporates risk assessment tools and best practices for FTZ compliance reviews and risk categorization. When we confirm the steps CBP has taken to address this recommendation, we will provide updated information.
    Director: Jennifer Grover
    Phone: (202) 512-7141

    3 open recommendations
    Recommendation: To enhance CBP's identification of high-risk cargo shipments and its enforcement of the ISF rule, the Commissioner of CBP should enforce the ISF rule requirement that carriers provide CSMs to CBP when targeters identify CSM noncompliance.

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

    Comments: CBP's Office of Field Operations is developing an enforcement strategy for container status messages (CSM) that it plans to complete by August 31, 2017. Once the strategy is completed, OFO plans to provide CSM enforcement guidance to the Advance Targeting Units. This recommendation will remain open until CBP's planned actions are completed and meet the intent of GAO's recommendation.
    Recommendation: To enhance CBP's identification of high-risk cargo shipments and its enforcement of the ISF rule, the Commissioner of CBP should evaluate the ISF enforcement strategies used by ATUs to assess whether particular enforcement methods could be applied to ports with relatively low submission rates.

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

    Comments: CBP plans to discuss enforcement strategies during monthly conference calls held by the National Targeting Center-Cargo with all Advance Targeting Units (ATU) in order to identify the factors that are impacting ports with lower Importer Security Filing (ISF) compliance rates. In addition, CBP plans to leverage the strategies employed by ATUs overseeing ports with higher ISF compliance rates in order to increase the ISF submission rates at the ports with lower compliance rates. This recommendation will remain open until CBP's planned actions are completed and meet the intent of GAO's recommendation.
    Recommendation: The Commissioner of CBP should identify and collect additional performance information on the impact of the ISF rule data, such as the identification of shipments containing contraband, to better evaluate the effectiveness of the ISF program.

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

    Comments: CBP is developing a plan (by August 31, 2017) to assess additional performance metrics to evaluate the effectiveness of the Importer Security Filing Program. After the plan has been developed, CBP will extract the performance data for analysis and, if needed, take actions to implement changes to the Program. This recommendation will remain open until CBP's planned actions are completed and meet the intent of GAO's recommendation.
    Director: Beryl H. Davis
    Phone: (202) 512-2623

    2 open recommendations
    Recommendation: To help ensure that government-wide compliance under IPERA is consistently determined and reported, the Director of OMB should coordinate with CIGIE to develop and issue guidance, either jointly or independently, to specify what procedures should be conducted as part of the IGs' IPERA compliance determinations.

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

    Comments: OMB had no comments on the report or the recommendation to coordinate with CIGIE to develop guidance. Although this recommendation was not directed to CIGIE, the CIGIE Chairperson stated that CIGIE would coordinate with OMB as needed and provide feedback on any draft OMB guidance.
    Recommendation: To help fulfill USDA's requirements under IPERA and OMB guidance--that agencies submit proposals to Congress when a program reaches 3 or more consecutive years of noncompliance with IPERA criteria--the Secretary of Agriculture should submit a letter to Congress detailing proposals for reauthorization or statutory changes in response to 3 consecutive years of noncompliance as of fiscal year 2015 for its Farm Security and Rural Investment Act Program. To the extent that reauthorization or statutory changes are not considered necessary to bring a program into compliance, the Secretary or designee should state so in the letter.

    Agency: Department of Agriculture
    Status: Open

    Comments: USDA's Acting Deputy Secretary concurred with this recommendation.
    Director: Jessica Lucas-Judy
    Phone: (202) 512-9110

    5 open recommendations
    Recommendation: To help ensure that IRS leverages lessons learned from the NRP examinations and effectively completes operational employment tax examinations, the Commissioner of Internal Revenue should develop and document plans to analyze the results in 2017 of the NRP employment tax study to identify the major issues of noncompliance.

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

    Comments: In response to this recommendation, IRS said in July 2017 that it will develop and document plans to comprehensively analyze the National Research Program study results and identify major issues of noncompliance. IRS also said it will complete data perfection activities and deliver the updated data to its data warehouse system. IRS plans to complete these tasks by January 2018.
    Recommendation: To help ensure that IRS leverages lessons learned from the NRP examinations and effectively completes operational employment tax examinations, the Commissioner of Internal Revenue should develop and document plans for addressing the noncompliance identified in IRS's analysis of the NRP employment tax results.

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

    Comments: In response to this recommendation, IRS said in July 2017 that it plans to research how the National Research Program (NRP) study results can be used to enhance workload selection programs and will develop and initiate an action plans based on studying the NRP results. IRS plans to complete this work by January 2019.
    Recommendation: To help ensure that IRS leverages lessons learned from the NRP examinations and effectively completes operational employment tax examinations, the Commissioner of Internal Revenue should develop and document plans for assessing the results of the NRP employment tax study to estimate the current state of the employment tax gap.

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

    Comments: In response to this recommendation, in July 2017 IRS said it will update its tax gap estimates, which will include updating the employment tax gap estimates. IRS plans to complete this effort by January 2020.
    Recommendation: To help ensure that IRS leverages lessons learned from the NRP examinations and effectively completes operational employment tax examinations, the Commissioner of Internal Revenue should determine whether and when to provide the Information Return Analysis System upfront for Small Business/Self-Employed division operational examinations based on criteria such as whether it would help identify more noncompliance, reduce taxpayer burden, and improve audit efficiency by reducing overall IRS costs (examiner versus campus costs).

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

    Comments: In response to this recommendation, in July 2017 IRS said it will gather additional data and insights on the opportunities and challenges of incorporating Information Return Analysis System (IRAS) data into the classification process. IRS plans to complete these tasks by October 2018.
    Recommendation: To help ensure that IRS leverages lessons learned from the NRP examinations and effectively completes operational employment tax examinations, the Commissioner of Internal Revenue should regularly remind employment tax examiners how they can access and request the CP2100 and cash transaction data for operational employment tax examinations.

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

    Comments: In response to this recommendation, in July 2017 IRS said it will provide reminders to examiners regarding the cash transaction data and the CP2100, hold training sessions, and include information on both tools on its internal website for examiners. IRS planned to complete these tasks by October 2018.
    Director: David C. Trimble
    Phone: (202) 512-3841

    4 open recommendations
    Recommendation: To help ensure compliance with the United States' nuclear cooperation agreements, the Under Secretary for Nuclear Security, as the Administrator of the National Nuclear Security Administration, and the Nuclear Regulatory Commission, should clarify in guidance the conditions under which facilities may carry negative obligation balances.

    Agency: Department of Energy: National Nuclear Security Administration
    Status: Open

    Comments: As of March 2017, NNSA has several initiatives underway to implement this recommendation. Later in 2017, we will know what changes NNSA and NRC made.
    Recommendation: To help ensure compliance with the United States' nuclear cooperation agreements, the Under Secretary for Nuclear Security, as the Administrator of the National Nuclear Security Administration, and the Nuclear Regulatory Commission, should clarify in guidance the conditions under which facilities may carry negative obligation balances.

    Agency: Nuclear Regulatory Commission
    Status: Open

    Comments: As of March 2017, NNSA has several initiatives underway to implement this recommendation. Later in 2017, we will know what changes NNSA and NRC made.
    Recommendation: To help ensure compliance with the United States' nuclear cooperation agreements, the Under Secretary for Nuclear Security, as the Administrator of the National Nuclear Security Administration, and the Nuclear Regulatory Commission, should develop an early-warning monitoring capability in NMMSS to alert senior DOE officials when the inventory of unobligated LEU is particularly low.

    Agency: Department of Energy: National Nuclear Security Administration
    Status: Open

    Comments: As of March 2017, NNSA has several initiatives underway to implement this recommendation. Later in 2017, we will know what changes NNSA and NRC made to NMMSS.
    Recommendation: To help ensure compliance with the United States' nuclear cooperation agreements, the Under Secretary for Nuclear Security, as the Administrator of the National Nuclear Security Administration, and the Nuclear Regulatory Commission, should develop an early-warning monitoring capability in NMMSS to alert senior DOE officials when the inventory of unobligated LEU is particularly low.

    Agency: Nuclear Regulatory Commission
    Status: Open

    Comments: As of March 2017, NNSA has several initiatives underway to implement this recommendation. Later in 2017, we will know what changes NNSA and NRC made.
    Director: Anne-Marie Fennell
    Phone: (202) 512-3841

    6 open recommendations
    Recommendation: To improve the effectiveness of BLM's efforts to track and deter unauthorized grazing, the Secretary of the Interior should direct the Director of BLM to amend the regulations on unauthorized grazing use--43 C.F.R. Subpart 4150 (2005)--to establish a procedure for the informal resolution of violations at the local level, or follow the existing regulations by sending a notice of unauthorized use for each potential violation as provided by 43 C.F.R. 4150.2(a) (2005).

    Agency: Department of the Interior
    Status: Open

    Comments: As of November 2016, GAO is awaiting action by the agency to implement this recommendation.
    Recommendation: To improve the effectiveness of BLM's efforts to track and deter unauthorized grazing, the Secretary of the Interior should direct the Director of BLM to record all incidents of unauthorized grazing, including those resolved informally.

    Agency: Department of the Interior
    Status: Open

    Comments: As of November 2016, GAO is awaiting action by the agency to implement this recommendation.
    Recommendation: To improve the effectiveness of BLM's efforts to track and deter unauthorized grazing, the Secretary of the Interior should direct the Director of BLM to revise the agency's Unauthorized Grazing Use Handbook to make it consistent with 43 C.F.R. pt. 4100 (2005).

    Agency: Department of the Interior
    Status: Open

    Comments: As of November 2016, GAO is awaiting action by the agency to implement this recommendation.
    Recommendation: To improve the effectiveness of the Forest Service's efforts to track and deter unauthorized grazing, the Secretary of Agriculture should direct the Chief of the Forest Service to amend the regulations on range management--36 C.F.R. pt. 222--to provide for nonmonetary settlement when the unauthorized or excess grazing is non-willful and incidental, or follow the existing regulations by determining and charging a grazing use penalty for all unauthorized and excess use when it is identified as provided by 36 C.F.R. 222.50(a) and (h).

    Agency: Department of Agriculture
    Status: Open

    Comments: As of November 2016, GAO is awaiting action by the agency to implement this recommendation.
    Recommendation: To improve the effectiveness of the Forest Service's efforts to track and deter unauthorized grazing, the Secretary of Agriculture should direct the Chief of the Forest Service to record all incidents of unauthorized grazing, including those resolved informally.

    Agency: Department of Agriculture
    Status: Open

    Comments: As of November 2016, GAO is awaiting action by the agency to implement this recommendation.
    Recommendation: To improve the effectiveness of the Forest Service's efforts to track and deter unauthorized grazing, the Secretary of Agriculture should direct the Chief of the Forest Service to adopt an unauthorized grazing penalty structure that is based, similar to BLM's, on the current commercial value of forage.

    Agency: Department of Agriculture
    Status: Open

    Comments: As of November 2016, GAO is awaiting action by the agency to implement this recommendation.
    Director: Beryl Davis
    Phone: (202) 512-2623

    2 open recommendations
    Recommendation: To help fulfill the IPERA and OMB requirements to submit proposals to Congress when agencies reach 3 or more consecutive years of noncompliance with IPERA criteria, the Secretary of Agriculture or a designee should submit a letter to Congress detailing proposals for reauthorization or statutory changes in response to 3 consecutive years of noncompliance as of fiscal year 2014 for its (1) Child and Adult Care Food Program; (2) School Breakfast Program; (3) National School Lunch Program; and (4) Special Supplemental Nutrition Program for Women, Infants, and Children. To the extent that reauthorization or statutory changes are not considered necessary to bring a program into compliance, the Secretary or designee should state so in the letter.

    Agency: Department of Agriculture
    Status: Open

    Comments: We provided a draft of this report to OMB, the IG offices of the 24 CFO Act agencies, and the CFO offices of those agencies with programs that were determined to be noncompliant with IPERA criteria for 3 consecutive years as of fiscal year 2014. In their e-mailed response, officials from the CFO office at USDA neither concurred nor disagreed with our recommendations. We will continue to monitor the status of this recommendation.
    Recommendation: To help fulfill the IPERA and OMB requirements to submit proposals to Congress when agencies reach 3 or more consecutive years of noncompliance with IPERA criteria, the Secretary of Defense or a designee should submit a letter to Congress detailing proposals for reauthorization or statutory changes in response to 3 consecutive years of noncompliance as of fiscal year 2014 for its Department of Defense Travel Pay program. To the extent that reauthorization or statutory changes are not considered necessary to bring the program into compliance, the Secretary or designee should state so in the letter.

    Agency: Department of Defense
    Status: Open

    Comments: We provided a draft of this report to OMB, the IG offices of the 24 CFO Act agencies, and the CFO offices of those agencies with programs that were determined to be noncompliant with IPERA criteria for 3 consecutive years as of fiscal year 2014. In their written comments, the offices of the DOD CFO and DOD IG concurred with our recommendations. The DOD CFO office noted that it does not consider reauthorization or statutory change necessary for its Travel Pay program, but will submit a letter to Congress containing planned actions for improvement by August 30, 2016. As of June 2, 2017, no updated information has been provided by the Department of Defense. We will continue to monitor the status of this recommendation.
    Director: Daniel Garcia-Diaz
    Phone: (202) 512-8678

    2 open recommendations
    Recommendation: To receive more consistent information on LIHTC noncompliance, the IRS Commissioner should collaborate with the allocating agencies to clarify when allocating agencies should report such information on the Form 8823 (report of noncompliance or building disposition). The IRS Commissioner should collaborate with the Department of the Treasury in drafting such clarifications to help ensure that any new guidance is consistent with Treasury regulations.

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

    Comments: In August 2016, IRS stated it would review the Form 8823 Audit Technique Guide to determine whether additional guidance and clarification were needed for allocating agencies to report noncompliance information on the form. If published legal guidance is required, IRS stated that it will submit a proposal for such guidance for prioritization. IRS indicated an expected implementation date by November 2017. In addition, in March 2017, officials stated that IRS Counsel attended an industry conference with allocating agencies at which issues related to the Form 8823 were discussed. We will continue to monitor IRS's progress in implementing our recommendation to clarify when allocating agencies should report noncompliance.
    Recommendation: To improve IRS's processes for identifying the most significant noncompliance issues, the IRS Commissioner should evaluate how IRS could use HUD's Real Estate Assessment Center databases, including how the information might be used to reassess reporting categories on the Form 8823 and to reassess which categories of noncompliance information have to be reviewed for audit potential.

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

    Comments: IRS officials stated that since HUD's database with property inspection data was not complete as of March 2017 and contained data from 30 states, it was unclear how the database could be used. IRS officials said they would continue exploring the HUD database if the data for all LIHTC properties were included and it was possible to isolate the LIHTC property data from other rental properties in the HUD database. We will continue to monitor IRS's progress in evaluating the use of HUD's database for reporting information on noncompliance.
    Director: Jessica Lucas-Judy
    Phone: (202) 512-9110

    7 open recommendations
    including 1 priority recommendation
    Recommendation: The Commissioner of Internal Revenue should establish, document, and implement an organizational structure identifying responsibility for defining objectives with an appropriate line of reporting for measuring costs and results for information referrals.

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

    Comments: As of January 2017, IRS has taken some action to implement this recommendation. IRS told us it established a cross-functional team in February 2016 to conduct a comprehensive review of IRS's referral programs, including the information referral process. IRS completed its review and plan for the organizational structure in December 2016. The Wage and Investment division will retain the intake and screening responsibilities. The Small Business and Self-Employed division will be responsible for defining objectives and monitoring results for information referrals. We continue to monitor IRS implementation of the planned cost and results measurement and reporting.
    Recommendation: The Commissioner of Internal Revenue should ensure that the IRM has internal controls for processing information referrals by establishing, documenting, and implementing supervisory review and segregation of duties for inventory management reporting procedures.

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

    Comments: As of January 2017, IRS has taken some action on this recommendation. IRS told us it established a cross-functional team in February 2016 to conduct a comprehensive review of IRS's referral programs, including the information referral process. IRS completed its review and plan for the organizational structure in December 2016. Once IRS approves the organizational structure, IRS will document new and updated screening and routing procedures in the Internal Revenue Manual as well as guidance for the Image Control Team and other IRS units receiving information referrals. IRS plans to implement this recommendation by September 2017.
    Recommendation: The Commissioner of Internal Revenue should ensure that the IRM has internal controls for processing information referrals by establishing, documenting, and implementing ongoing monitoring of information referrals retained for destruction, including a mechanism for tracking the reasons referrals were retained prior to destruction.

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

    Comments: As of January 2017, IRS has taken some action to implement this recommendation. IRS told us it established a cross-functional team in February 2016 to conduct a comprehensive review of IRS's referral programs, including the information referral process. IRS completed its review and plan for the organizational structure in December 2016. Once IRS approves the organizational structure, IRS will establish and document Internal Revenue Manual procedures, including criteria for retaining information referrals for destruction. IRS plans to implement this recommendation by September 2017.
    Recommendation: The Commissioner of Internal Revenue should ensure that the IRM has internal controls for processing information referrals by establishing, documenting, and implementing procedures for each IRS operating unit receiving information referrals to provide feedback on the number and types of referrals misrouted and on their disposition, and a mechanism to analyze patterns of misroute errors.

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

    Comments: As of January 2017, IRS has taken some action to implement this recommendation. IRS told us it established a cross-functional team in February 2016 to conduct a comprehensive review of IRS's referral programs, including the information referral process. IRS completed its review and plan for the organizational structure in December 2016. Once IRS approves the organizational structure, IRS will establish and document Internal Revenue Manual procedures, including guidelines for IRS units receiving information referrals. IRS plans to implement this recommendation by September 2017.
    Recommendation: The Commissioner of Internal Revenue should establish a coordination mechanism to facilitate communication and information sharing across IRS referral programs on crosscutting tax issues and ways to improve efficiency in the mechanisms for public reporting of possible tax violations.

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

    Comments: As of March 2017, IRS had taken some action to establish a coordination mechanism to help IRS referral programs communicate and share information, as GAO recommended in its February 2016 report. IRS established a cross-functional team in February 2016 to comprehensively review IRS's referral programs. Among other things, this team is to explore aligning all IRS referral programs within an organizational structure to more efficiently coordinate, communicate, and share information across the referral programs by December 2017. As of March 2017, the Deputy Commissioner of Services and Enforcement directed the largest recipient of referrals to facilitate quarterly meetings in order to improve communication and information sharing across multiple IRS referral programs. The meetings are scheduled to begin by summer 2017.
    Recommendation: The Commissioner of Internal Revenue should direct the referral programs to establish a mechanism to coordinate on a plan and timeline for developing a consolidated, online referral submission in order to better position IRS to leverage specialized expertise while exploring options to further consolidate the initial screening operations.

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

    Comments: As of March 2017, IRS had taken some action to establish a mechanism to coordinate on a plan and timeline for developing a consolidated, online referral submission, as GAO recommended in its February 2016 report. IRS established a cross-functional team in February 2016 to comprehensively review IRS's referral programs. Among other things, the team has explored options to consolidate the initial screening operations and determine the scope and complexity for moving the referral process to an online format. According to IRS, an electronic submission process is expected to provide better access to the program and reduce the burden associated with making a written report or referral. In November 2016, the cross-functional team requested information technology resources for fiscal year 2019 to develop an online system which could potentially replace four separate referral forms, filter out incomplete referrals, and electronically route referrals for further IRS action. IRS assessed options for consolidating all forms for the various referral programs and determined that consolidating them to a single form was not feasible due to the technical nature and complexity of the various referral types. As of March 2017, the cross-functional team has worked with IRS On Line Services to develop an online application prototype and is also considering the cost-effectiveness of a commercial off-the-shelf product. According to the IRS, the online application will make it easier for the public to report possible tax violations. Also, the online system will improve efficiency in coordination and provide reports that will be incorporated into the quarterly coordination meetings, to achieve a broader collaborative mechanism across the multiple referral programs. IRS has said it will consider further consolidating the referral programs once the online application is in place.
    Recommendation: The Commissioner of Internal Revenue should ensure that the Internal Revenue Manual (IRM) has internal controls for processing information referrals by establishing, documenting, and implementing procedures for maintaining and communicating the information referral screening and routing guidelines to the Image Control Team (ICT) and IRS units receiving information referrals as well as procedures for ICT screening and routing operations.

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

    Comments: As of January 2017, IRS has taken some action on this recommendation. IRS told us it established a cross-functional team in February 2016 to conduct a comprehensive review of IRS's referral programs, including the information referral process. IRS completed its review and plan for the organizational structure in December 2016. Once IRS approves the organizational structure, IRS will document new and updated screening and routing procedures in the Internal Revenue Manual as well as guidance for the Image Control Team and other IRS units receiving information referrals. IRS plans to implement this recommendation by September 2017.
    Director: James R. McTigue, Jr.
    Phone: (202) 512-9110

    7 open recommendations
    Recommendation: To help ensure SB/SE's audit selection program meets its mission and selects returns fairly, the Commissioner of Internal Revenue should clearly define and document the key term "fairness" for return selection activities.

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

    Comments: IRS agreed to incorporate a definition of fairness into the Internal Revenue Manual (IRM), which serves as a single point of reference for guidance to IRS examiners. In February 2016, the Deputy Commissioner of Services and Enforcement (S&E) reiterated IRS's definition of fairness in the examination process to S&E employees. In January 2017, IRS issued interim guidance on fairness in examination case selection. IRS officials said that this guidance is considered "final" until the IRM is updated, no later than January 2019. In February 2017, IRS issued an article on its IRWeb and a message from the Deputy Commissioner S&E on defining fairness in the exam process. We are awaiting resolution of how this definition will be used in three other recommendations on communicating examples as well as developing both a related objective and measure.
    Recommendation: To help ensure SB/SE's audit selection program meets its mission and selects returns fairly, the Commissioner of Internal Revenue should clearly communicate examples of fair selections to staff to better assure consistent understanding.

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

    Comments: IRS agreed to communicate examples of fairness to managers and examiners involved in selecting tax returns for examination. In March 2017, the Director of IRS Small Business/Self Employed (SB/SE) Examination-Headquarters issued a memo to SB/SE examination directors that included examples illustrating the fairness definition in return selection. The examples were to be shared with directors, management, and examiners involved in return selection. To close this recommendation, we are waiting for resolution of how the fairness definition will be implemented through related recommendations on developing program objectives and measures assessing fairness in return selection.
    Recommendation: To help ensure SB/SE's audit selection program meets its mission and selects returns fairly, the Commissioner of Internal Revenue should develop, document, and implement program-level objective(s) to evaluate whether the return selection process is meeting its mission of applying the tax law with integrity and fairness to all.

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

    Comments: IRS agreed to review its current objectives for the SB/SE examination program and found that an additional program-level objective to evaluate fairness in the return selection was necessary. The new objective is "Ensure examinations are initiated based on indicators of noncomplicance. In addition, ensure a review of the decisions to survey a return (i.e., not initiate an examination) are based on upon factors outlined in the Internal Revenue Manual (IRM) and approved by an appropriate level of management." In March 2017, IRS issued interim guidance communicating the new objective, which was sent to Examination Directors. The guidance and objective were also posted on the IRweb, which is available to all IRS employees. IRS officials said that the interim guidance is considered final until it can be incorporated into the IRM, which should be done within 2 years of when the interim guidance is issued. We are awaiting IRS's response to a related recommendation on developing a measure for this selection objective before deciding to close this recommendation.
    Recommendation: To help ensure that SB/SE's audit selection objective(s) on fairness are used and met, the Commissioner of Internal Revenue should develop, document, and implement related performance measures that would allow SB/SE to determine how well the selection of returns for audit meets the new objective(s).

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

    Comments: IRS agreed to develop, document, and implement additional performance measures if new objectives related to fair return selection were implemented. In March 2017, IRS developed a new objective on fair return selection. In April 2017, IRS officials said that they were working on performance measures related to the new objective on fair return selection. They plan to meet with GAO in 1-2 months to obtain our feedback on the measures.
    Recommendation: To help ensure that SB/SE's audit selection objective(s) on fairness are used and met, the Commissioner of Internal Revenue should incorporate the new objective(s) for fair return selection into the SB/SE risk management system to help identify and analyze potential risks to fair selections.

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

    Comments: IRS agreed to consider any new objectives related to fair return selection within SB/SE's current risk management process framework. In March and April 2017, SB/SE developed a tool (RAFT) to include the fair selection objective (and related activities) into its risk register, which is monitored quarterly. IRS provided documentation from the Exam Risk Council meeting that they have discussed and assessed these risks. IRS is still working on documentation to show they are addressing our recommendations and the associated risks. IRS officials said the documentation is due in August 2017.
    Recommendation: The Commissioner of Internal Revenue should develop and implement consistent documentation requirements to clarify the reasons for selecting a return for audit and who reviewed and approved the selection decision.

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

    Comments: IRS agreed to evaluate the need to improve its documentation of return selection decisions and the review and approval process. In March 2017, various IRS functions completed templates showing the current status of return selection documentation requirements. As a result, they found that they could improve the consistency and clarity in documentation, approval and review requirements across workstreams by clearly defining procedures and ensuring they are formally documented in the IRM. The Director of Exam Case Selection issued a memo directing that documentation requirements be made consistent in the IRM. IRS officials said that revised documentation requirements are due in August 2017, with IRM incorporation at a later date.
    Recommendation: The Commissioner of Internal Revenue should develop, document, and implement monitoring procedures to ensure that decisions made and coding used to select returns for audit are appropriate.

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

    Comments: IRS agreed to review its current procedures for monitoring return selection decisions and coding used to select returns. In April 2017, IRS officials provided documentation showing they had reviewed campus examination selection dollar thresholds and campus source code definitions. They found that improvements could be made in clarifying source code definitions and reviewing dollar thresholds used to categorize and select, respectively, returns for examination. IRS has issued an IRM procedural update to implement these changes. During our meeting with IRS, we clarified that our recommendation covered monitoring selection decisions more broadly, which IRS acknowledged. Officials said that additional documentation on monitoring selection decisions will be due by August 2017.
    Director: James R. McTigue, Jr.,
    Phone: (202) 512-9110

    3 open recommendations
    Recommendation: To strengthen oversight of the individual shared responsibility and premium tax credit provisions, the Commissioner of Internal Revenue should assess whether or not the data received from the health insurance marketplaces are sufficiently complete and accurate to enable effective correction of tax returns at-filing based on matching with the marketplace data and, if the assessment determines that such corrections would be effective, seek legislative authority to correct tax returns at-filing based on the marketplace data.

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

    Comments: The Internal Revenue Service (IRS) agreed with GAO's recommendation. IRS reports that the quality of data submitted by health insurance marketplaces has improved since the 2015 return filing season, and it continues to use its correspondence process for resolving discrepancies between marketplace data and that reported by the taxpayer after the return has been filed. IRS has not considered requesting legislative authority to correct tax returns at the time of filing based specifically on discrepancies between the data submitted by the health insurance marketplace and reported by the taxpayer. Agency officials believe that would be premature at this time. They noted that a broader legislative initiative has already been proposed that would grant IRS with correctable error authority in cases where the information provided by the taxpayer does not match the information contained in government databases. Should this broad authority be granted in the future, IRS will then consider how to approach correction of tax returns at the time of filing based on discrepancies with health insurance marketplace data. Such authority was also included in the Administration's 2018 budget.
    Recommendation: To strengthen oversight of the individual shared responsibility and premium tax credit provisions, the Commissioner of Internal Revenue should work with CMS to get the total amount of advance PTC paid for the 2014 tax year and establish, as a baseline, the aggregate amount of the gap between advance PTC paid and advance PTC reported for the 2014 tax year, and track this aggregate gap for future tax years to help in evaluating the effectiveness of IRS's PTC education and compliance efforts.

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

    Comments: The Internal Revenue Service (IRS) agreed with GAO's recommendation in part. As one of the ongoing efforts by the IRS to evaluate the effectiveness of its implementation of the premium tax credit (PTC) provision for tax year 2014, IRS plans to perform as analysis of reporting of advance payments of the PTC by the Marketplaces. The results of this analysis and other efforts will help inform the IRS of potential areas for improvement in education, tax filing and compliance activities. IRS has been tracking the amount of advance PTC paid based on summary data provided by the Centers for Medicare & Medicaid Services (CMS) for 2014 and 2015 as well as the gap between the amounts paid compared to the amount reported by taxpayers. However, IRS has not yet resolved all issues with CMS related to properly allocating all payments to 2014 and 2015. Complete data for 2016 are not yet available.
    Recommendation: To strengthen oversight of the individual shared responsibility and premium tax credit provisions, the Commissioner of Internal Revenue should evaluate IRS efforts to collaborate and communicate with key external stakeholders to inform efforts related to implementation of the new 2015 PPACA requirements.

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

    Comments: The Internal Revenue Service (IRS) agreed with GAO's recommendation but has not yet initiated an evaluation of collaboration and communication efforts with external stakeholders. IRS currently utilizes informal feedback processes to share information and identify opportunities for improvement with external stakeholders in implementing the shared responsibility payment and premium tax credit provisions. We continue to encourage IRS to evaluate its collaboration and communication efforts.
    Director: James R. McTigue, Jr.
    Phone: (202) 512-9110

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

    Agency: Congress
    Status: Open

    Comments: In its October 2014 report, GAO found that individuals with limited, occupationally related opportunities could engage in sophisticated investment strategies and accumulate considerable tax-preferred wealth in IRAs and subsequently suggested to Congress legislative options. As of March 2017, legislation had not been introduced on any aspect of this suggestion, although the Senate Finance Committee held a hearing on IRA policy in September 2014 for which GAO provided a statement for the record.
    Recommendation: To improve IRS's ability to detect and pursue noncompliance associated with undervalued assets sheltered in IRAs and prohibited transactions, the Commissioner of Internal Revenue should conduct research using the new Form 5498 data to identify IRAs holding nonpublic asset types, such as profits interests in private equity firms and hedge funds, and use that information for an IRSwide strategy to target enforcement efforts.

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

    Comments: As of March 2017, IRS had taken some action to develop a research plan using the new information on types of nonpublic IRA assets reported on Form 5498. Previously, IRS searched terms in Form 5498 filings to identify IRAs holding assets with the greatest risk of noncompliance. In January 2016, IRS started a research project to examine a sample of tax returns based on certain nonpublic IRA asset types. IRS plans to use the research results due in June 2018 to develop an IRS-wide strategy to target enforcement efforts to those IRAs where the beneficiary of the IRA has caused his or her IRA to engage in a prohibited transaction. Once IRS completes electronically compiling the new Form 5498 information for tax year 2016 that is filed in 2017, IRS researchers plan to use the asset type data to streamline the process of identifying those IRAs. As of March 2017, IRS examination officials did not have a date on when the new IRA asset type data will be available for further analysis.
    Recommendation: To improve IRS's ability to detect and pursue noncompliance associated with undervalued assets sheltered in IRAs and prohibited transactions, the Commissioner of Internal Revenue should work in consultation with the Department of the Treasury on a legislative proposal to expand the statute of limitations on IRA noncompliance to help IRS pursue valuation-related misreporting and prohibited transactions that may have originated outside the current statute's 3-year window.

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

    Comments: IRS agreed with GAO's October 2014 recommendation on IRAs with large balances and said it had discussed the recommendation with Treasury's Office of Tax Policy and Benefits Tax Counsel. Consequently, IRS said Treasury is aware of IRS's willingness to support legislative efforts in this area. However, Treasury and IRS have not drafted a legislative proposal as of March 2017.
    Recommendation: To help taxpayers better understand compliance risks associated with certain IRA choices and improve compliance, the Commissioner of Revenue should, building on research data on IRAs holding nonpublic assets, identify options to provide outreach targeting taxpayers with nonpublic IRA assets and their custodians, such as reminder notices that engaging in prohibited transactions can result in loss of the IRA's tax-favored status.

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

    Comments: IRS has taken some action to provide general outreach but has not yet compiled data to target outreach to taxpayers with nonmarketable IRA assets at greater risk of noncompliance, as GAO recommended in October 2014. In June 2016, IRS published information on IRS.gov outlining the new information to be reported for nonmarketable IRA assets and included a general caution that IRAs with nonmarketable investments or assets under direct taxpayer control may be subject to a heightened risk of committing prohibited transactions. This caution, similar to those that IRS added to its publications about IRA contributions and distributions, is a step toward helping taxpayers better understand which investments pose greater risks. IRS said results from an ongoing compliance research project may help in targeting outreach to taxpayers holding certain IRA assets at greater risk of noncompliance. IRS said it could refine its outreach to those taxpayers with nonpublic IRA assets using the new asset type data once compiled electronically. As of March 2017, IRS was compiling the IRA assets data for tax year 2016 that is filed in 2017, but IRS had not provided a date on when the new IRA asset type data will be available for further analysis.
    Director: Carol R. Cha
    Phone: (202) 512-4456

    3 open recommendations
    including 2 priority recommendations
    Recommendation: To improve the completeness and accuracy of data submissions to the USASpending.gov website, the Director of the Office of Management and Budget, in collaboration with Treasury's Fiscal Service, should clarify guidance on (1) agency responsibilities for reporting awards funded by non-annual appropriations; (2) the applicability of USASpending.gov reporting requirements to non-classified awards associated with intelligence operations; (3) the requirement that award titles describe the award's purpose (consistent with our prior recommendation); and (4) agency maintenance of authoritative records adequate to verify the accuracy of required data reported for use by USASpending.gov.

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

    Comments: As of July 2017, OMB and Treasury were working to implement the DATA Act, which includes several provisions that may address these recommendations once fully implemented. 1) OMB staff said they continue to deliberate on agency responsibilities for reporting awards funded by non-annual appropriations. 2) OMB staff provided a Frequently Asked Question (FAQ) addressing the applicability of USASpending.gov reporting requirements for recipient information related to classified or sensitive information. GAO reviewed the FAQ and determined that additional guidance is still needed to ensure complete reporting of unclassified awards as required by FFATA. 3) OMB staff have agreed that it will be important to clarify guidance on how agencies can report on award titles that appropriately describes the awards' purposes and noted that they are working on providing additional guidance to agencies as part of their larger DATA Act implementation efforts. 4) OMB released policy guidance in May 2016 (MPM 2016-03) that identifies the authoritative sources for reporting procurement and award data. However, GAO's review of this policy guidance determined that it does not address the underlying source that can be used to verify the accuracy of non-financial procurement data or any source for data on assistance awards.
    Recommendation: To improve the completeness and accuracy of data submissions to the USASpending.gov website, the Director of the Office of Management and Budget, in collaboration with Treasury's Fiscal Service, should develop and implement a government-wide oversight process to regularly assess the consistency of information reported by federal agencies to the website other than the award amount.

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

    Comments: As part of their DATA Act implementation efforts, OMB issued policy guidance in May 2016 (MPM 2016-03) that identifies authoritative systems to validate agency spending information. The guidance also directs agency DATA Act Senior Accountable Officials (SAOs) to provide a quarterly assurance regarding the data reported to USASpending.gov and specifies that this assurance should leverage data quality and management controls established in statute, regulation, and Federal-wide policy and be aligned with the internal control and risk management strategies in Circular A-123, and provides information on how agency DATA Act SAOs are to provide assurances over the spending data reported to USASpending.gov. In addition, Treasury's broker is to provide an additional set of validation rules to further ensure the proper formatting of data submitted to USAspending.gov. OMB staff noted that OMB and Treasury had prioritized the linking of financial data to award data as a means of addressing the issue of unreported awards we previously identified. We agree that linking financial and award data can help agencies identify gaps in reporting. However, as of July 2017, OMB did not identify any new or revised processes aimed at addressing the accuracy concerns we addressed other than citing agencies' responsibility to certify the accuracy of their data.
    Recommendation: To improve the completeness of foreign recipient data on the USASpending.gov website, the Chief Executive Officer of the Millennium Challenge Corporation should direct responsible officials within the Corporation's Department of Administration and Finance to report spending information on all assistance award programs to USASpending.gov for prior and future fiscal years in accordance with statutory requirements and OMB guidance.

    Agency: Millennium Challenge Corporation
    Status: Open

    Comments: The Millennium Challenge Corporation has begun reporting awards made in fiscal year 2015. As of July 2017, it has not yet reported awards for previous fiscal years, as we had recommended. We will continue to follow up.
    Director: Asif A. Khan
    Phone: (202) 512-9869

    8 open recommendations
    including 8 priority recommendations
    Recommendation: To ensure that DFAS is able to obtain the necessary assurance that its contract pay end-to-end process can produce, maintain, and sustain accurate, complete, and timely information in support of the components' and DOD-wide financial improvement and audit readiness efforts, the Under Secretary of Defense (Comptroller)/Chief Financial Officer should direct the Director of the Defense Finance and Accounting Service to address deficiencies in its Discovery Phase planning activities for contract pay by documenting its contract pay end-to-end process by developing the necessary flowcharts and narratives for those processes excluded from the FIP.

    Agency: Department of Defense: Office of the Under Secretary of Defense (Comptroller)/Chief Financial Officer
    Status: Open
    Priority recommendation

    Comments: This recommendation remains open. On July 14, 2016, and August 10, 2016, we met with DFAS and Office of the Undersecretary of Defense (Comptroller) officials to discuss the status of the recommendations for this report, clarify the documentation DFAS provided so far and additional documentation needed to address this recommendation. In addition, we spoke with DFAS officials on September 20, 2016, to clarify additional questions they had on our documentation needs. As of October 2016, DFAS officials told us that they were still working on improvements to their process documentation and controls in the contract pay area. DFAS recently provided documentation to support its actions related to this recommendation and we will continue to review relevant documentation and monitor the actions taken by DFAS.
    Recommendation: To ensure that DFAS is able to obtain the necessary assurance that its contract pay end-to-end process can produce, maintain, and sustain accurate, complete, and timely information in support of the components' and DOD-wide financial improvement and audit readiness efforts, the Under Secretary of Defense (Comptroller)/Chief Financial Officer should direct the Director of the Defense Finance and Accounting Service to address deficiencies in its Discovery Phase planning activities for contract pay by assessing the materiality (i.e., dollar activity and risk factors) of its processes, systems, and controls.

    Agency: Department of Defense: Office of the Under Secretary of Defense (Comptroller)/Chief Financial Officer
    Status: Open
    Priority recommendation

    Comments: This recommendation remains open. On July 14, 2016, and August 10, 2016, we met with DFAS and Office of the Undersecretary of Defense (Comptroller) officials to discuss the status of the recommendations for this report, clarify the documentation DFAS provided so far and additional documentation needed to address this recommendation. In addition, we spoke with DFAS officials on September 20, 2016, to clarify additional questions they had on our documentation needs. As of October 2016, DFAS officials told us that they were still working on improvements to their process documentation and controls in the contract pay area. DFAS recently provided documentation to support its actions related to this recommendation and we will continue to review relevant documentation and monitor the actions taken by DFAS.
    Recommendation: To ensure that DFAS is able to obtain the necessary assurance that its contract pay end-to-end process can produce, maintain, and sustain accurate, complete, and timely information in support of the components' and DOD-wide financial improvement and audit readiness efforts, the Under Secretary of Defense (Comptroller)/Chief Financial Officer should direct the Director of the Defense Finance and Accounting Service to address deficiencies in its Discovery Phase planning activities for contract pay by completing a memorandum of understanding with each of the components.

    Agency: Department of Defense: Office of the Under Secretary of Defense (Comptroller)/Chief Financial Officer
    Status: Open
    Priority recommendation

    Comments: This recommendation remains open. On July 14, 2016, and August 10, 2016, we met with DFAS and Office of the Undersecretary of Defense (Comptroller) officials to discuss the status of the recommendations for this report, clarify the documentation DFAS provided so far and additional documentation needed to address this recommendation. In addition, we spoke with DFAS officials on September 20, 2016, to clarify additional questions they had on our documentation needs. As of October 2016, DFAS officials told us that they were still working on improvements to their process documentation and controls in the contract pay area. DFAS recently provided documentation to support its actions related to this recommendation and we will continue to review relevant documentation and monitor the actions taken by DFAS.
    Recommendation: To ensure that DFAS is able to obtain the necessary assurance that its contract pay end-to-end process can produce, maintain, and sustain accurate, complete, and timely information in support of the components' and DOD-wide financial improvement and audit readiness efforts, the Under Secretary of Defense (Comptroller)/Chief Financial Officer should direct the Director of the Defense Finance and Accounting Service to address deficiencies in its Discovery Phase testing activities by validating the completeness and accuracy of the populations of transactions used to perform testing.

    Agency: Department of Defense: Office of the Under Secretary of Defense (Comptroller)/Chief Financial Officer
    Status: Open
    Priority recommendation

    Comments: This recommendation remains open. On July 14, 2016, and August 10, 2016, we met with DFAS and Office of the Undersecretary of Defense (Comptroller) officials to discuss the status of the recommendations for this report, clarify the documentation DFAS provided so far and additional documentation needed to address this recommendation. In addition, we spoke with DFAS officials on September 20, 2016, to clarify additional questions they had on our documentation needs. As of October 2016, DFAS officials told us that they were still working on improvements to their process documentation and controls in the contract pay area. DFAS recently provided documentation to support its actions related to this recommendation and we will continue to review relevant documentation and monitor the actions taken by DFAS.
    Recommendation: To ensure that DFAS is able to obtain the necessary assurance that its contract pay end-to-end process can produce, maintain, and sustain accurate, complete, and timely information in support of the components' and DOD-wide financial improvement and audit readiness efforts, the Under Secretary of Defense (Comptroller)/Chief Financial Officer should direct the Director of the Defense Finance and Accounting Service to address deficiencies in its Discovery Phase testing activities by documenting and executing an audit strategy or plan for application-level testing of system controls.

    Agency: Department of Defense: Office of the Under Secretary of Defense (Comptroller)/Chief Financial Officer
    Status: Open
    Priority recommendation

    Comments: This recommendation remains open. On July 14, 2016, and August 10, 2016, we met with DFAS and Office of the Undersecretary of Defense (Comptroller) officials to discuss the status of the recommendations for this report, clarify the documentation DFAS provided so far and additional documentation needed to address this recommendation. In addition, we spoke with DFAS officials on September 20, 2016, to clarify additional questions they had on our documentation needs. As of October 2016, DFAS officials told us that they were still working on improvements to their process documentation and controls in the contract pay area. DFAS recently provided documentation to support its actions related to this recommendation and we will continue to review relevant documentation and monitor the actions taken by DFAS.
    Recommendation: To ensure that DFAS is able to obtain the necessary assurance that its contract pay end-to-end process can produce, maintain, and sustain accurate, complete, and timely information in support of the components' and DOD-wide financial improvement and audit readiness efforts, the Under Secretary of Defense (Comptroller)/Chief Financial Officer should direct the Director of the Defense Finance and Accounting Service to address deficiencies in its Discovery Phase testing activities by coordinating with the components to classify all identified deficiencies as control deficiencies, significant deficiencies, and material weaknesses.

    Agency: Department of Defense: Office of the Under Secretary of Defense (Comptroller)/Chief Financial Officer
    Status: Open
    Priority recommendation

    Comments: This recommendation remains open. On July 14, 2016, and August 10, 2016, we met with DFAS and Office of the Undersecretary of Defense (Comptroller) officials to discuss the status of the recommendations for this report, clarify the documentation DFAS provided so far and additional documentation needed to address this recommendation. In addition, we spoke with DFAS officials on September 20, 2016, to clarify additional questions they had on our documentation needs. As of October 2016, DFAS officials told us that they were still working on improvements to their process documentation and controls in the contract pay area. DFAS recently provided documentation to support its actions related to this recommendation and we will continue to review relevant documentation and monitor the actions taken by DFAS.
    Recommendation: To ensure that DFAS is able to obtain the necessary assurance that its contract pay end-to-end process can produce, maintain, and sustain accurate, complete, and timely information in support of the components' and DOD-wide financial improvement and audit readiness efforts, the Under Secretary of Defense (Comptroller)/Chief Financial Officer should direct the Director of the Defense Finance and Accounting Service to address deficiencies in its Corrective Action Phase activities by assessing the population of implemented corrective action plans to determine whether the deficiencies we found in our nongeneralizable sample of DFAS's corrective action plans are more wide spread in the population.

    Agency: Department of Defense: Office of the Under Secretary of Defense (Comptroller)/Chief Financial Officer
    Status: Open
    Priority recommendation

    Comments: This recommendation remains open. On July 14, 2016, and August 10, 2016, we met with DFAS and Office of the Undersecretary of Defense (Comptroller) officials to discuss the status of the recommendations for this report, clarify the documentation DFAS provided so far and additional documentation needed to address this recommendation. In addition, we spoke with DFAS officials on September 20, 2016, to clarify additional questions they had on our documentation needs. As of October 2016, DFAS officials told us that they were still working on improvements to their process documentation and controls in the contract pay area. DFAS recently provided documentation to support its actions related to this recommendation and we will continue to review relevant documentation and monitor the actions taken by DFAS.
    Recommendation: To ensure that DFAS is able to obtain the necessary assurance that its contract pay end-to-end process can produce, maintain, and sustain accurate, complete, and timely information in support of the components' and DOD-wide financial improvement and audit readiness efforts, the Under Secretary of Defense (Comptroller)/Chief Financial Officer should direct the Director of the Defense Finance and Accounting Service to address deficiencies in its Corrective Action Phase activities by revising its FIAR status reports to accurately reflect the current status of its audit readiness efforts.

    Agency: Department of Defense: Office of the Under Secretary of Defense (Comptroller)/Chief Financial Officer
    Status: Open
    Priority recommendation

    Comments: This recommendation remains open. On July 14, 2016, and August 10, 2016, we met with DFAS and Office of the Undersecretary of Defense (Comptroller) officials to discuss the status of the recommendations for this report, clarify the documentation DFAS provided so far and additional documentation needed to address this recommendation. In addition, we spoke with DFAS officials on September 20, 2016, to clarify additional questions they had on our documentation needs. As of October 2016, DFAS officials told us that they were still working on improvements to their process documentation and controls in the contract pay area. DFAS recently provided documentation to support its actions related to this recommendation and we will continue to review relevant documentation and monitor the actions taken by DFAS.
    Director: Frank Rusco
    Phone: (202) 512-3841

    1 open recommendations
    Recommendation: To improve compliance with the Small Business Act and enhance SBA's ability to provide oversight of the programs, the SBA Administrator should revise the language in the SBIR and STTR policy directives to accurately summarize the statutory provisions that describe the program spending requirements.

    Agency: Small Business Administration
    Status: Open

    Comments: In April 2016, SBA proposed an update to its SBIR and STTR policy directive to state that each participating agency must spend (obligate) the required amounts on the programs, which is consistent with the statutory provisions for program spending requirements. However, according to SBA officials, in January 2017, the policy directive was withdrawn from the Office of Management and Budget and is under further internal consideration in light of a recent executive order. As of April 2017, SBA has not established a time frame for publication of the final policy directive.
    Director: Charles Michael Johnson, Jr.
    Phone: (202) 512-7331

    4 open recommendations
    including 4 priority recommendations
    Recommendation: To strengthen State's ability to ensure that U.S. civilian personnel are in compliance with the FACT training requirement, the Secretary of State should identify a mechanism to readily determine the universe of assigned U.S. civilian personnel under chief-of-mission authority who are required to complete FACT training.

    Agency: Department of State
    Status: Open
    Priority recommendation

    Comments: State concurred with this recommendation, but has not yet identified a mechanism to readily determine the universe of assigned U.S. civilian personnel under chief-of-mission authority who are required to complete FACT training. As of March 2017, GAO continues to monitor State's efforts to implement this recommendation.
    Recommendation: To strengthen State's ability to ensure that U.S. civilian personnel are in compliance with the FACT training requirement, the Secretary of State should take steps to ensure that management personnel responsible for assigning personnel to designated high-threat countries consistently verify that all assigned U.S. civilian personnel under chief-of-mission authority who are required to complete FACT training have completed it before arrival in the designated high-threat countries.

    Agency: Department of State
    Status: Open
    Priority recommendation

    Comments: State agreed with the recommendation, and on July 7, 2014--subsequent to our report issuance and addressing this finding--State issued a memo to all agencies that states that it is the responsibility of each agency to ensure its employees are in compliance with FACT training requirements prior to travel to the relevant posts. The memo also requires employees to provide a FACT completion certificate to posts upon request. In October 2016, State officials reported that State had rolled out a ClassNet SharePoint site, and that they expected that the site would include Bureau of Near Eastern Affairs and Bureau of South and Central Asian Affairs posts by January 1, 2017. The SharePoint site allows designated users in Washington, D.C. and at posts to access the Foreign Service Institute's training records database. As of March 2017, GAO continues to monitor State's efforts to fully address the recommendation.
    Recommendation: To strengthen State's ability to ensure that U.S. civilian personnel are in compliance with the FACT training requirement, the Secretary of State should take steps to ensure that management personnel responsible for granting country clearance consistently verify that all short-term TDY U.S. civilian personnel under chief-of-mission authority who are required to complete FACT training have completed it before arrival in the designated high-threat countries.

    Agency: Department of State
    Status: Open
    Priority recommendation

    Comments: In response to GAO's recommendation, as of March 2017, State had taken several steps to ensure that the electronic Country Clearance (eCC) is easier for personnel to use, but these steps do not ensure that the personnel responsible for verifying FACT training before deployment are doing so. For instance, State updated the current eCC to require personnel traveling to High Threat, High Risk Posts to certify FACT training, with radio buttons for the following: (1) whether the stay is greater than 45 days; (2) whether the traveler has spent more than 45 total days at a High Threat, High Risk Post within the last 365-days; and (3) whether the traveler has completed FACT. If the eCC user responds that the traveler has not taken FACT, he or she must provide a justification. In addition, the eCC system requires personnel traveling to High Threat, High Risk Posts to certify whether they have completed FACT and to provide the completion date. When the eCC user enters this information, he or she is prompted with a box that instructs him or her to "provide documentation of FACT Training (e.g. Certificate) upon arrival at Post" and to click OK to continue. Since May 2016, the agency had been developing a new eCC application that will include automated checks of training records. Agency officials expect to produce this new application in the summer of 2017. GAO continues to monitor State's efforts to fully address the recommendation.
    Recommendation: To strengthen State's ability to ensure that U.S. civilian personnel are in compliance with the FACT training requirement, the Secretary of State should monitor or evaluate overall levels of compliance with the FACT training requirement among U.S. civilian personnel under chief-of-mission authority who are subject to the requirement.

    Agency: Department of State
    Status: Open
    Priority recommendation

    Comments: As of May 2015, State officials said that they are developing a plan to utilize various electronic systems to monitor overall levels of compliance for assigned and short-term TDY personnel. The plan is being developed iteratively and is subject to change based on findings and lessons learned from each stage as well as constraints based on cyber security compliance. As of March 2017, State did not report further progress on this recommendation.
    Director: Randall Williamson
    Phone: (202) 512-7114

    1 open recommendations
    Recommendation: To improve VA's ability to address its strategic plan objective of educating and empowering veterans, the Secretary of Veterans Affairs should direct the Under Secretary for Health to take steps to better understand gaps in veterans' knowledge regarding eligibility for Millennium Act emergency care, such as by conducting veteran surveys of health care benefits knowledge, and using information from those surveys to more effectively tailor the agency's education efforts regarding the Millennium Act benefit. In conducting these surveys, consideration should be given to including a sample of veterans who have had denied Millennium Act claims in order to provide their views and specific details of their experiences.

    Agency: Department of Veterans Affairs
    Status: Open

    Comments: As of September 2016, VA has taken some actions to address this recommendation, but additional actions are needed to fully implement it. We will update the status of this recommendation when we receive additional information from VA.
    Director: Rectanus, Lori
    Phone: (202) 512-2834

    4 open recommendations
    Recommendation: The Secretary of Transportation should direct the FHWA Administrator to collect data, on an ongoing basis, about which local public agencies are administering federal-aid projects.

    Agency: Department of Transportation
    Status: Open

    Comments: As of August 2017, FHWA informed us it had no plans to collect data about which local public agencies are administering federal-aid projects.
    Recommendation: The Secretary of Transportation should direct the FHWA Administrator to collect information, on an ongoing basis, from state DOTs on local public agencies' capabilities.

    Agency: Department of Transportation
    Status: Open

    Comments: As of August 2017, FHWA informed us that it did not plan collect information on the capabilities of local public agencies on an ongoing basis. In 2017 FHWA released the results of a compliance assessment review which assessed the capabilities of selected local public agencies. We are reviewing FHWA's efforts and the extent to which they address our recommendation.
    Recommendation: The Secretary of Transportation should direct the FHWA Administrator to identify and disseminate minimum and uniform qualification criteria for state DOTs to determine whether local public agencies are capable and equipped to administer federal-aid projects.

    Agency: Department of Transportation
    Status: Open

    Comments: As of August 2017, FHWA informed us it had no plans to identify and disseminate minimum and uniform qualification criteria for state DOTs to determine whether local public agencies are capable and equipped to administer federal-aid projects.
    Recommendation: The Secretary of Transportation should direct the FHWA Administrator to explore opportunities to make administration of federal-aid projects by local public agencies more efficient by examining: (a) the circumstances in which issuing guidance on administrative flexibilities targeted at local agencies would be appropriate, and (b) a potential dollar threshold under which the use of federal funds may no longer be cost-effective.

    Agency: Department of Transportation
    Status: Open

    Comments: As of August 2017, FHWA informed us that it did not plan to explore a dollar threshold under which the use of federal funds may no longer be cost-effective. However, FHWA told us it has provided guidance in this regard, and has continued disseminating guidance on administrative flexibilities beneficial to locally administered projects. We are reviewing FHWA's actions and the extent to which its these efforts address our recommendation.
    Director: Crosse, Marcia G
    Phone: (202)512-3407

    2 open recommendations
    Recommendation: To help ensure that HHS is adequately and comprehensively assessing HPP and PHEP awardees' performance and progress in meeting the medical and public health preparedness goals of the cooperative agreements, the Secretary of Health and Human Services should direct ASPR and CDC to develop objective and quantifiable performance targets and incremental milestones that correspond to the new HPP and PHEP performance measures, against which HHS can gauge progress toward the medical and public health preparedness goals of the cooperative agreements and direct technical assistance, as needed.

    Agency: Department of Health and Human Services
    Status: Open

    Comments: Since we examined the HPP and PHEP cooperative agreements in 2012, ASPR had developed few targets for the HPP program measures or their corresponding indicators that were contained in the HPP performance measurement guidance documents issued for Budget Periods (BP) 2-5, ending June 30, 2017. Additionally, the new HPP performance measure implementation guidance for the 5-year project cycle from 2017-2022 introduces 28 performance measures, with few having targets?the guidance notes that corresponding goals or targets may be set at a later date after data from the first budget period of this new project cycle has been reviewed. Regarding PHEP, CDC had developed performance targets for about half of the performance measures as of the PHEP BP5 performance measurement guidance (BP5 ended June 30, 2017). These performance measures generally remain the same, with existing targets, for BP1 (July 1, 2017-June 30, 2018) of the new 5-year budget cycle. GAO recognizes that it may not be appropriate to develop performance targets for every performance measure depending on the desired process or outcome; however, both agencies still have work to do in this area.
    Recommendation: To help ensure that HHS is adequately and comprehensively assessing HPP and PHEP awardees' performance and progress in meeting the medical and public health preparedness goals of the cooperative agreements, the Secretary of Health and Human Services should ensure that performance measures and targets remain consistent across the 5-year project cycle and that any future measures be comparable to determine whether awardees are making progress toward meeting short- and long-term medical and public health preparedness goals of the cooperative agreements.

    Agency: Department of Health and Human Services
    Status: Open

    Comments: Since we first examined the HPP and PHEP cooperative agreements in 2012, ASPR and CDC had made efforts to maintain consistency in their performance measures, particularly in the last 3 years of the prior project cycle which ended June 30, 2017. However, because part of the recommendation includes consistency of performance measures into future project cycles, we also examined whether both cooperative agreements continued to use basically the same performance measures into the current 5-year cycle, which began July 1, 2017. ASPR's HPP has made a significant change in its performance measures, introducing a new set of 28 performance measures for this new 5-year cycle. CDC's PHEP performance measures generally remained consistent in the last two budget periods of the prior 5-year cycle, and remained generally the same for the first year of the new 5-year cycle (some measures were "retired," though key components from a measure may continue to be used by CDC in other types of reviews). As a result of the change to HPP's measures, GAO anticipates keeping this recommendation open at least for the next few budget periods, in order to determine whether HPP maintains consistency with its new performance measures during the new project cycle.
    Director: Chaplain, Cristina T
    Phone: (202)512-4859

    1 open recommendations
    including 1 priority recommendation
    Recommendation: To improve NASA management and oversight of its spaceflight projects, and to improve the reliability of project EVM data, the NASA Administrator should direct the appropriate offices to modify the NASA Procedural Requirements (NPR) 7120.5 to require projects to implement a formal surveillance program that: (1) Ensures anomalies in contractor-delivered and in-house monthly earned value management reports are identified and explained, and report periodically to the center and mission directorate's leadership on relevant trends in the number of unexplained anomalies. (2) Ensures consistent use of work breakdown structures (WBS) for both the EVM report and the schedule. (3) Ensures that lower level EVM data reconcile to project level EVM data using the same WBS structure. (4) Improves underlying schedules so that they are properly sequenced using predecessor and successor dependencies and are free of constraints to the extent practicable so that the EVM baseline is reliable.

    Agency: National Aeronautics and Space Administration
    Status: Open
    Priority recommendation

    Comments: NASA partially agreed with this recommendation. NASA has implemented several initiatives related to EVM training tools and support material to enhance EVM implementation, but has not modified the NASA Procedural Requirements (NPR) 7120.5 to require projects to implement a formal surveillance program. In May 2017, officials reiterated NASA's position that they do not plan to implement a formal surveillance plan due to resource constraints. We continue to believe that implementing this recommendation for projects to implement a formal surveillance program would be beneficial and prevent anomalies in EVM data from occurring. Without implementing proper surveillance, projects may be utilizing unreliable EVM data in its analyses to inform its cost and schedule decision making.
    Director: White, James R
    Phone: (202)512-3000

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

    Agency: Congress
    Status: Open

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

    2 open recommendations
    Recommendation: To understand the scope of the business nonfiler population, the Commissioner of Internal Revenue should estimate the magnitude of business nonfiling among businesses registered with IRS, using data from its operational files to select cases for further investigation. Based on the results of this work IRS should develop a tax gap estimate for the impact of business nonfiling insofar as doing so is cost-effective.

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

    Comments: As of March 2017, IRS said it did not plan to develop a partial estimate of the business nonfiler rate, as we recommended in August 2010. IRS reported that funding would likely be unavailable for it to do so using operational data. According to IRS, its existing operational data on business nonfilers are sufficient. However, even a partial estimate could give IRS additional information that would be useful in its strategic planning and help it determine what priority it should place on this type of noncompliance.
    Recommendation: To monitor the performance of business nonfiler activities, the Commissioner of Internal Revenue should set a deadline for developing data that can be used to measure the performance of the BMF CCNIP and its business nonfiler compliance activities overall.

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

    Comments: IRS has determined that it does not have the necessary data that could be used to measure its business nonfiler efforts across the agency and that it therefore cannot set a deadline for developing such data, as GAO recommended in August 2010. According to IRS, developing such data would be prohibitively costly. Rather, as of March 2017, IRS plans to continue to use the data at the operating division level. Without going through the process of developing performance data, IRS is unable to know what data would aid in monitoring and evaluating its business nonfiler efforts. Absent cross-agency performance data, IRS is unable to fully understand the outcomes of its business nonfiler efforts.
    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.
    Director: White, James
    Phone: (202) 512-9039

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

    Agency: Congress
    Status: Open

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

    Agency: Congress
    Status: Open

    Comments: As of August 2017, the Congress has not eliminated the sailing permit requirement.
    Director: Brostek, Michael
    Phone: (202)512-9039

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

    Agency: Congress
    Status: Open

    Comments: As of March 2017, Congress had not enacted legislation to require S corporations--a federal business type that provides certain tax benefits like passing income and losses to shareholders' individual returns-- to calculate and report shareholder's stock and debt basis as completely as possible and report the calculation to shareholders and IRS, as GAO suggested in December 2009.
    Director: White, James R
    Phone: (202)512-9110

    1 open recommendations
    Recommendation: In order to better assess whether changes are needed in the way IRS administers activities not engaged in for profit provisions, the Commissioner of Internal Revenue should take steps to estimate the extent of activities not engaged in for profit noncompliance from its ongoing research programs.

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

    Comments: IRS is researching sole proprietor noncompliance, as GAO recommended in September 2009. It is focusing on those who improperly claim business losses (i.e., not profits). IRS's Office of Research, Analysis and Statistics is using the reporting compliance study of Form 1040 filers to gather the data on such noncompliant business losses. This research covered sampled tax returns filed for tax years 2009, 2010, and 2011 and used audits of the sampled tax returns that are filed for each tax year. In November 2016, IRS research officials provided the initial rough estimates of the percentage of disallowed losses and associated dollar amounts for all 3 tax years but as of March 2017, they had not yet indicated how these estimates helped IRS to understand the nature of the tax noncompliance. The officials cautioned that their ability to develop the estimates depends on the number of observations that can be applied from each tax year. This research, when completed, could help IRS to identify noncompliant sole proprietor issues and take action to reduce losses.
    Director: Clark, Cheryl E
    Phone: (202)512-9521

    1 open recommendations
    Recommendation: The IRS should direct the appropriate IRS officials to establish procedures requiring that each physical security analyst conduct a periodic documented review of the Emergency Signal History Report and emergency contact list for its respective location to ensure that (1) appropriate corrective actions have been planned for all incidents reported by the central monitoring station and (2) the emergency contact list for each location is current and includes only appropriate contacts.

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

    Comments: IRS's efforts to address this recommendation are ongoing. In August 2016, IRS updated the IRM to require that (1) corrective actions are planned for all incidents reported by the central monitoring station and (2) the emergency contact list for each location is current and includes only appropriate contacts. IRS stated that in fiscal year 2017 it will update procedures and provide training to employees to help ensure that the updates to the guidance are communicated to affected employees. We will continue to evaluate IRS's corrective actions during our fiscal year 2017 audit.
    Director: Williams, Orice M
    Phone: (202)512-5837

    1 open recommendations
    Recommendation: To address the current information gap in Regulation SHO for prime brokerage arrangements and mitigate the impact of any unintended consequences caused by SEC rules, as well as ensure consistent implementation of SEC rules by the industry, the Chairman of the Securities and Exchange Commission should finalize, in an expedited manner upon finalization of the temporary rule, the revised 1994 Prime Broker Letter.

    Agency: United States Securities and Exchange Commission
    Status: Open

    Comments: As of 7/18/13, the revised Prime Broker letter has not been finalized.
    Director: White, James R
    Phone: (202)512-5594

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

    Agency: Congress
    Status: Open

    Comments: No legislative action has been identified to require payers engaged in a trade or business to report on payments to corporations for services, thereby reducing these payers' burden to determine which payments require reporting. On March 23, 2010, Congress enacted section 9006 of the Patient Protection and Affordable Care Act of 2010 (Public Law 111-148), which expanded information reporting to include payments made to corporations, consistent with GAO's January 2009 matter for congressional consideration. The provision also required payers to report payments for property and gross proceeds. The provision was to be effective for payments after December 31, 2011, requiring payers to report beginning in January 2013 on payments to corporations made in 2012 for property or services. However, Congress repealed the provision on April 14, 2011, by section 2 of the Comprehensive 1099 Taxpayer Protection and Repayment of Exchange Subsidy Overpayments Act of 2011 (Public Law 112-9).
    Recommendation: To gauge the extent of 1099-MISC payer noncompliance and its contribution to the tax gap, the Commissioner of Internal Revenue should, as part of future research studies, develop an estimate of 1099-MISC payer noncompliance.

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

    Comments: According to IRS, developing such an estimate requires a multi-pronged approach and a large amount of coordinated effort. One prong is to determine the extent of filing compliance among employers. A second prong would determine the extent to which 1099-MISC payers properly report their payments. Starting with the Tax Year 2001 individual income tax reporting compliance study, the National Research Program (NRP) office has been collecting some data related to Form 1099-MISC compliance, from both the payer and payee perspectives. With the ongoing annual individual income tax reporting compliance studies, the IRS will gather more data on this issue. However, by themselves, these efforts will not provide a comprehensive picture of the scope of potential Form 1099-MISC non-compliance. Additional data will be generated by the NRP reporting compliance study for employment tax. As part of the NRP employment tax research, IRS examiners were to review taxpayers' Form 1099 filing compliance. Data collected from these studies should shed some light on whether employers are appropriately reporting required payments on Form 1099-MISC. As of July 2017, IRS had completed portions of its analysis of the NRP employment tax sample results and was working to resolve data issues. IRS estimates its analysis of the extent of Form 1099-MISC payer noncompliance will be complete by December 2017. We will continue to monitor IRS's progress.
    Recommendation: To gauge the extent of 1099-MISC payer noncompliance and its contribution to the tax gap, the Commissioner of Internal Revenue should, as part of future research studies, determine the nature and characteristics of those payers that do not comply with 1099-MISC reporting requirements so that this information can be factored into an IRS-wide strategy for increasing 1099-MISC payer compliance.

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

    Comments: IRS researchers are collecting data on 1099-MISC reporting as part of its National Research Program (NRP) study on employment taxes, a program that involves examinations of a sample of tax returns expected to culminate in 2015. The examinations include tax years 2008 through 2010. As part of the NRP employment tax research, IRS examiners were to review taxpayers' Form 1099 filing compliance. Collecting data on this issue will enable IRS to study the nature and characteristics of payers that do not comply with 1099-MISC reporting requirements. As of July 2017, IRS had completed portions of its analysis of the NRP employment tax sample results and was working to resolve data issues. IRS estimates its 1099-MISC payer reporting compliance analysis will be completed in December 2017.We will continue to monitor IRS's progress.
    Director: White, James R
    Phone: (202)512-3000

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

    Agency: Congress
    Status: Open

    Comments: As of March 2017, no legislation had been identified to make owners of rental real estate subject to the same payment reporting requirements regardless of whether they engaged in a trade or business under current law. In the 112th Congress, Congress enacted the Small Business Jobs Act of 2010 (Public Law 111-240), which contained a provision that required, in general, persons receiving rental income from real estate to be considered engaged in a trade or business and therefore subject to the reporting requirements of section 6041 of the Internal Revenue Code, which was consistent with GAO's August 2008 matter for congressional consideration. However, Congress repealed the provision on April 14, 2011, by section 3 of the Comprehensive 1099 Taxpayer Protection and Repayment of Exchange Subsidy Overpayments Act of 2011 (Public Law 112-9).
    Director: Siggerud, Katherine A
    Phone: (202)512-3000

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

    Agency: Congress
    Status: Open

    Comments: On February 4, 2009, Representative Engel introduced the Drug Testing Integrity Act of 2009 in the House of Representatives. The Act would ban products designed to defraud drug tests. On February 15, 2011 Representative Engel re-introduced the bill, which was referred to the House Committee on Energy and Commerce and then to the Subcommittee on Commerce, Manufacturing, and Trade. Representative Engel re-introduced the bill in the 113th Congress in May of 2013. However, the bill has not been reintroduced since.
    Director: White, James R
    Phone: (202)512-5594

    1 open recommendations
    Recommendation: The Secretary of the Treasury should ensure that the tax gap strategy includes (1) a segment on improving sole proprietor compliance that is coordinated with broader tax gap reduction efforts and (2) specific proposals, such as the options we identified, that constitute an integrated package.

    Agency: Department of the Treasury
    Status: Open

    Comments: As of March 2017, Treasury has taken no action to address this recommendation and has not provided GAO with plans to do so. Treasury's tax gap strategy does not cover sole proprietor compliance in detail while coordinating it with broader tax gap reduction efforts as GAO recommended in July 2007. In March 2016, Treasury officials reported to GAO that they have implemented or proposed several actions to address the tax gap among sole proprietors, such as requiring reporting on payment card payments and improved audit selection procedures for sole proprietors. However, GAO's July 2007 report noted there are many trade offs involved in various options for improving sole proprietor compliance. GAO recommended that Treasury's strategy for reducing the tax gap include a segment on sole proprietor compliance that is coordinated with broader tax gap reduction efforts.