Recommendation: The Secretary of Homeland Security should direct the DHS Chief Procurement Officer to, in coordination with the Office of Program Accountability and Risk Management, develop a risk-based approach for reviewing service requirements—through the Procurement Strategy Roadmap or other means—to ensure proposed service requirements are clearly defined and reviewed before planning how they are to be procured. (Recommendation 1)

Agency: Department of Homeland Security
Status: Open

Comments: DHS disagreed with our recommendation, preferring to maintain the status quo in its policy and procedures. However, by doing so, DHS is missing important opportunities to prevent negative acquisition outcomes and the potential for wasted resources. In its response, DHS noted its processes for major acquisitions, however, DHS service programs and contracts did not rise to the level of being classified a major service acquisition.

Recommendation: The Secretary of Homeland Security should direct the DHS Chief Procurement Officer to document the factors the Office of the Chief Procurement Officer considers when waiving procurement actions from its Procurement Strategy Roadmap to ensure it is consistently considering potential acquisition risks in its planning—including those specific to services. (Recommendation 2)

Agency: Department of Homeland Security
Status: Open

Comments: DHS did not concur with this recommendation, maintaining that the factors considered when waiving a Procurement Strategy Roadmap are not static. We believe, however, that documenting the factors considered will help ensure that the decisions to waive the Procurement Strategy Roadmaps are made consistently, transparently, and help maintain institutional knowledge.

Recommendation: The Secretary of Homeland Security should direct the DHS Chief Procurement Officer to update the Inherently Governmental and Critical Functions Analysis to require the identification of special interest functions. (Recommendation 3)

Agency: Department of Homeland Security
Status: Open

Comments: DHS concurred with this recommendation and stated that it will update the Inherently Governmental and Critical Functions Analysis job aid to require the identification of a special interest function when applicable.

Recommendation: The Secretary of Homeland Security should direct the DHS Chief Procurement Officer to update the Inherently Governmental and Critical Functions Analysis to provide guidance for analyzing, documenting, and updating the federal workforce needed to perform or oversee service contracts requiring heightened management attention. (Recommendation 4)

Agency: Department of Homeland Security
Status: Open

Comments: DHS did not concur with this recommendation maintaining that the components are certifying that they have sufficient internal capacity or federal employees available for oversight within the Inherently Governmental and Critical Functions Analysis. We continue to believe, however, that without guidance, each component is making its own determination about which factors to consider, and DHS does not know how or whether the components are considering the federal workforce available to oversee service contracts in need of heightened management attention, or what steps, if any, the components are taking to mitigate risks if there are not enough federal personnel available to oversee the contracts after award.

Recommendation: The Secretary of Homeland Security should direct the DHS Chief Procurement Officer to develop guidance identifying oversight tasks or safeguards personnel can perform, when needed, to mitigate the risk associated with contracts containing closely associated with inherently governmental functions, special interest functions, or critical functions. (Recommendation 5)

Agency: Department of Homeland Security
Status: Open

Comments: DHS concurred with this recommendation and stated that it will develop guidance that identifies oversight tasks or safeguards that personnel can perform, when needed, to mitigate the risk associated with contracts containing closely associated with inherently governmental, special interest, or critical functions.

Recommendation: The Secretary of Homeland Security should direct the DHS Chief Financial Officer to work with Congress to identify information to include in its annual congressional budget justifications to provide greater transparency into requested and actual service requirement costs, particularly for those services requiring heightened management attention. (Recommendation 6)

Agency: Department of Homeland Security
Status: Open

Comments: DHS did not concur with this recommendation stating that its annual Congressional Budget Justification already contains substantial service contract information. We maintain, however, that the service contract information currently included limits visibility for both DHS and Congress into requested and actual service requirements costs.

Recommendation: The Associate Administrator for Acquisition and Project Management should report information on all professional SSCs to which funds were obligated during the fiscal year in its annual congressional budget justification materials. (Recommendation 1)

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

Comments: NNSA concurred with our recommendation and agreed to update its methodology for the fiscal year 2021 budget justification materials in an effort to ensure that contracts are counted accurately. Based on our review of the contracts listed in the budget justification materials, NNSA inappropriately excluded six contracts from its fiscal year 2021 congressional budget justification reporting. GAO is following up with NNSA officials to determine why these contracts were excluded.

Recommendation: The Associate Administrator for Acquisition and Project Management should collect and report all required data regarding the number of FTE contractor personnel employed under an SSC for more than 2 years. (Recommendation 2)

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

Comments: NNSA concurred in principle with the recommendation and planned to meet with congressional staff to discuss ways to further enhance the reported data before the 2021 budget materials were prepared. NNSA provided additional information in its fiscal year 2021 budget justification explaining that it did not have access to the information needed to report information to report required data regarding the number of FTE contractor personnel employed under an support service contract for more than 2 years. We will continue to follow-up on NNSA's progress in collecting and reporting the required data.

Recommendation: The Associate Administrator for Acquisition and Project Management should report in NNSA's annual congressional budget justification materials the program appropriations account—Weapons Activities or Defense Nuclear Nonproliferation—used to fund each SSC and total the amounts obligated by appropriations account. (Recommendation 4)

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

Comments: NNSA concurred with the recommendation and included in the fiscal year 2021 budget justification materials additional information on the fund value and description in the table of support service contracts. However, NNSA did not total the amounts for each appropriation account. As a result, information on the total amounts of each appropriation account is not as transparent as it could be to assist Congress for planning purposes. GAO is following up with agency officials to identify any additional actions planned to close the recommendation.

Recommendation: The Associate Administrator for Acquisition and Project Management should take steps to ensure that contracting officers document—in the required determination form or elsewhere in the contract file—information on the steps that the contracting officers plan to take to oversee SSCs that NNSA has determined to be at high risk of including inherently governmental functions. (Recommendation 5)

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

Comments: In its comments on a draft of this report, NNSA stated that it considers the recommendation closed based on processes already in place, as well as the complementary activities discussed in response to our sixth recommendation. We continue to believe that documenting planned oversight activities in the contract files is important to ensure that planned oversight is consistent throughout the duration of the contract. We will continue to monitor NNSA's implementation of this recommendation.

Recommendation: The Associate Administrator for Acquisition and Project Management should develop a process to verify that contracting officers are carrying out the steps identified to oversee contracts at risk of including inherently governmental functions throughout the term of the contract. (Recommendation 6)

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

Comments: NNSA generally agreed with the recommendation. NNSA stated that, among other things, it will review and revise, as necessary, the designation letters for contractor officers' representatives to ensure they clearly address the expectations for daily operational awareness and monitoring for risks associated with high-risk contracts, including those involving activities closely associated with inherently governmental functions. We will continue to monitor the status of this recommendation.

Recommendation: The Secretary of Defense should ensure that the Assistant Secretary of Defense for Health Affairs, in coordination with the military departments, perform an assessment of the suitability of federal civilian and contractor personnel to provide operational medical care and incorporate the results of the assessment into relevant policies, if warranted. (Recommendation 1)

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: The Secretary of Defense should ensure that the Under Secretary of Defense for Personnel and Readiness require consideration of cost when making determinations regarding the mix of active and reserve component medical personnel. (Recommendation 2)

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: The Secretary of Defense should ensure that the Assistant Secretary of Defense for Health Affairs, in collaboration with the Director of Cost Assessment and Program Evaluation and the military departments, develop full cost information for active and reserve component medical personnel, and the military departments use that information in its determinations regarding the mix of active and reserve component medical personnel. (Recommendation 3)

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: The Secretary of Defense should ensure that the Director of the Defense Health Agency develop a strategic total workforce plan which includes, among other things: (1) tailored human capital strategies, tools, and metrics by which to monitor and evaluate progress toward reducing personnel gaps, and; (2) integration of human capital strategies with acquisition plans, such as DOD's acquisition strategy for health care services at DOD's military treatment facilities. (Recommendation 4)

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: The Secretary of Defense and the Secretaries of the Army, the Navy, and the Air Force, respectively, should ensure that accompanying the transfer of administrative responsibility for military treatment facilities to the Defense Health Agency, that the Defense Health Agency and the military departments develop policies and procedures for management of military personnel, including agreement on specific roles and responsibilities for the military departments and the Defense Health Agency in this process. (Recommendation 5)

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: The Secretary of Labor, in conducting any assessment of its staff training designed to improve clarity of communication with claimants, should ensure that the assessment considers claimants' challenges with understanding DOL's written communications on the evidence needed to successfully reopen or otherwise support a claim.

Agency: Department of Labor
Status: Open

Comments: DOL neither agreed nor disagreed with this recommendation. However, DOL acknowledged that it plans to focus its staff training efforts on a variety of needed training topics, including improving the quality of written communications. DOL further noted that its recently hired training analyst will be responsible for, among other things, designing assessment measures to gauge the quality of training and the effect it has improving the overall quality of claim outcomes. We encourage DOL to continue designing its assessment so that it considers claimants' challenges in understanding the evidence needed. As of July 2019, DOL said it will soon contract with a training vendor to help update training materials and expects training to be rolled out in fiscal year 2020. In addition, DOL said it has conducted hands-on staff training that includes providing claimants with a clear understanding as to why a claim is accepted or denied. We will consider closing this recommendation pending implementation of the updated training and efforts to assess it.

Recommendation: The Secretary of Defense should ensure that the Assistant Secretary of Defense for Health Affairs, in coordination with Director of the DHA and the Surgeons General of the military departments, define and analyze the 16 operational readiness and installation-specific medical functions currently excluded from transfer to the DHA to determine whether opportunities exist to reduce or better manage duplicative functions and improve efficiencies in the administration of the MTFs. (Recommendation 1)

Agency: Department of Defense
Status: Open
Priority recommendation

Comments: DOD concurred with this recommendation. According to responses provided by DOD officials in December 2019, the department provided guidance on the division of the 16 operational readiness and installation-specific medical functions in a March 2019 memorandum from the Office of the Under Secretary of Defense for Personnel and Readiness. However, further detail is needed regarding what analysis DOD completed to assess the 16 functions for duplication.

Recommendation: The Secretary of Defense should ensure that the Assistant Secretary of Defense for Health Affairs, in coordination with DHA Assistant Director for Health Care Administration and the Secretaries of the military departments, validate headquarters-level personnel requirements to determine that they are established at the minimum levels necessary--per DOD guidance--to accomplish missions and achieve objectives before transferring authority, direction, and control of the MTFs to the DHA for the third phase. (Recommendation 2)

Agency: Department of Defense
Status: Open
Priority recommendation

Comments: DOD concurred with this recommendation. In December 2019, DOD officials stated that DOD conducted a review of the DHA personnel requirements and that the military departments also conducted reviews. DOD officials also stated that DOD will continue to evaluate the mix of contractors, military, and civilian employees during and after the transition. However, the review of DHA personnel requirements DOD officials referenced in their December 2019 responses, as GAO previously reported in GAO-19-53, did not validate personnel requirements. Further information is needed regarding what steps DOD is taking to validate headquarters-level personnel requirements.

Recommendation: The Secretary of Defense should ensure that the Assistant Secretary of Defense for Health Affairs, in coordination with DHA Assistant Director for Health Care Administration and the Secretaries of the military departments, conduct a comprehensive review to identify the least costly mix--per DOD guidance--of military, civilian, and contractors needed to meet validated requirements--that is, to perform the functions identified at the DHA headquarters and intermediate management organizations and at the military departments' headquarters and intermediate commands. Additionally, this comprehensive review should be completed before transferring authority, direction, and control of the MTFs to the DHA for the third phase. (Recommendation 3)

Agency: Department of Defense
Status: Open
Priority recommendation

Comments: DOD concurred with this recommendation. In December 2019, DOD officials stated that through the review of the budget development process, DOD transferred 1,900 personnel to the military departments for the management of their respective readiness missions. Further, DOD officials mentioned a 2018 report concerning a review of DHA personnel requirements. As reported in GAO-19-53, the report on DHA personnel requirements was specific to DHA and did not include information regarding the military departments' headquarters and intermediate commands. Further information is needed to determine whether DOD's efforts included a comprehensive review that considers the least costly mix--per DOD guidance--of military, civilian, and contractor personnel.

Recommendation: To enable the department to enhance its visibility over contractor personnel for whom it may become responsible in the event of contingency and other applicable operations, the Secretary of Defense should, in coordination with the Chairman of the Joint Chiefs of Staff, update accountability guidance clarifying the types of contractor personnel that are to be accounted for in a steady-state environment.

Agency: Department of Defense
Status: Open

Comments: DOD concurred with our recommendation, but as of September 2020, has not yet taken steps to implement it. DOD stated that DOD Instruction 3020.41, Operational Contract Support, is being updated, and will include guidance on the types of contractor personnel that are to be accounted for. The department also stated it would update Chairman of the Joint Chiefs of Staff Manual 3150.13C, Joint Personnel Reporting Structure-Personnel Manual, to clarify the types of contractor personnel that are to be accounted for. As of September 2020, neither of these guidance documents had been updated. This recommendation will remain open.

Recommendation: To ensure that combatant commands are not contracting with entities that may be connected to or supporting prohibited organizations, the Secretary of Defense should, in coordination with the Chairman of the Joint Chiefs of Staff, develop and issue guidance that clarifies the foreign-vendor vetting steps or process that should be established at each combatant command, including the operational conditions under which a foreign-vendor vetting cell should be established.

Agency: Department of Defense
Status: Open

Comments: DOD partially concurred with our recommendation but as of September 2020, has not implemented it. In its response to our report, DOD agreed that the development and issuance of overarching guidance and partially concurs with the development and issuance of guidance that clarifies the foreign vendor vetting steps or process that should be established at each combatant command, including operational conditions under which a foreign vendor vetting cell should be established. In April 2018, DOD issued Directive-Type Memorandum 18-002, Prohibition on Providing Funds to the Enemy and Authorization of Additional Access to Records. In August 2020, DOD officials said that they had drafted department-wide vendor vetting guidance (now known as vendor threat mitigation), but had not yet issued it. Since the guidance has not been issued, the recommendation will remain open at this time.

Recommendation: To ensure that PACOM is not contracting with entities that may be connected to or supporting prohibited organizations, while awaiting DOD guidance on vendor vetting, the Secretary of Defense should direct the PACOM commander to consider developing vendor vetting guidance as other combatant commands have done, to prepare for the event that PACOM becomes actively engaged in hostilities.

Agency: Department of Defense
Status: Open

Comments: DOD concurred with our recommendation, but as of September 2019, has not yet taken the steps necessary to implement it.. When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: To help the Air Force in its effort to address UAS pilot shortfalls, and to help ensure that the Air Force strategies to address UAS pilot shortages are tailored to address remaining issues, such as the significant amount of pilots who are temporarily assigned to the UAS pilot career, the limited amount of cadet interest in the UAS pilot career, and the workload of UAS pilots, the Secretary of Defense should direct the Secretary of the Air Force to revise the Get Well Plan to address these issues.

Agency: Department of Defense
Status: Open

Comments: Although the Air Force has taken some steps to address issues such as the use of pilots temporarily assigned to the UAS pilot career and has accelerated its efforts to increase recruit interest in this particular field, high operational tempo, manning shortages and increased workload among UAS pilots still exist. As noted earlier, in July 2018, the Air Force established a new office within its headquarters a focal point for overseeing RPA personnel matters throughout the Air Force and it established a career field manager (CFM) specifically for RPA personnel, placing the career field on par with manned aircraft pilot career fields. These latest efforts show that the Air Force is taking actions to address challenges to the RPA community beyond the stated goals of the Get Well Plan that we identified and on an enterprise-wide level. Because the Air Force efforts are newly instituted and it remains to be seen how UAS aircrew workloads will be affected, we believe that as of November 2019 this recommendation should remain open until more progress is made.

Recommendation: To help the Air Force in its effort to address UAS pilot shortfalls, and to help the Air Force ensure that its strategies are having the intended effects, the Secretary of Defense should direct the Secretary of the Air Force to monitor the extent to which that achieving the human capital goals in its strategy helps the Air Force achieve its programmatic goals.

Agency: Department of Defense
Status: Open

Comments: DOD partially concurred with this recommendation. According to headquarters Air Force officials, the Air Force has three program goals that are related to addressing UAS pilot shortfalls: to (1) meet combat demand, (2) staff enough personnel to UAS units to allow UAS pilots time to train and take part in development activities, and (3) provide surge UAS combat capabilities when needed. As of September 2019, the Air Force does not have enough personnel in UAS units to allow UAS pilots time to train and take part in developmental activities-known as being in "dwell." As of November 2019, Air Force officials state that they are able to "meet combat demand" but are not able to provide enough manpower to "surge UAS combat capabilities when needed." Therefore, we believe this recommendation should remain open.

Recommendation: To help the Air Force in its effort to address UAS pilot shortfalls, and to help the Air Force ensure that it is poised to meet future needs for UAS pilots, the Secretary of Defense should direct the Secretary of the Air Force to explore the potential use of additional flexibilities that would enable it to increase the number of UAS pilots in its workforce.

Agency: Department of Defense
Status: Open

Comments: DOD partially concurred with this recommendation. In a March 2018 report to Congress, the Air Force stated it had developed a deliberate plan to integrate enlisted pilots in the RQ-4 Global Hawk UAS as it provided the ideal environment to expand mission flexibility. Further, as another way to build capability in support of human capital strategies by using flexibilities, an Air Force selection board met in July 2017 to consider total force officer as well as civilian candidates for various test pilot positions to include test UAS pilots. Finally, the Air Force is seeking legislative changes to allow the Air Reserve Component to perform full time, 24/7, 365 operational missions such as the UAS mission, in Active Guard Reserve status. Additionally, in July 2018, Air Force is in the process of establishing a new division to be the Headquarters focal point for overseeing RPA personnel matters throughout the Air Force and they also stated the Air Force established a career field manager (CFM) specifically for RPA personnel, placing the career field on par with manned aircraft pilot career fields. Further, the Air Force is working on an initiative that would enable it to provide UAS pilots with "dwell time"-a time during which servicemembers are at their home station during which they are able to take leave, attend training, and recuperate. As of November 2019, the Air Force had not implemented this initiative. Additionally, the Air Force has increased the maximum annual retention pay for UAS pilots (and all other pilots) to $35,000. While the Air Force has taken some steps, it is too early to tell whether these steps will result in effective workforce planning outcomes that reduce Air Force UAS pilot shortages. Therefore, we believe that this recommendation should remain open until more progress is made.

Recommendation: To help the Army in its effort to address UAS unit training shortfalls, and to help the Army identify challenges that UAS pilots face in completing their training, the Secretary of Defense should direct the Secretary of the Army to collect feedback from UAS pilots in UAS units, such as by surveying, or conducting focus groups with them.

Agency: Department of Defense
Status: Open

Comments: DOD partially concurred with this recommendation. In its initial comments, DOD stated that incorporating feedback from the field is already an element of the Army's strategy for improving the sustainability, maturity, and health of its UAS workforce. DOD stated that our findings will reinforce the importance of using feedback to improve and refine the Army's overall strategy. In September 2019, Army Headquarters officials reiterated previous statements that they made that the Army has multiple agencies and systems that gather feedback to refine and improve UAS programs. However, the Army has not collected feedback from UAS pilots in UAS units via surveys, focus groups, to help the Army identify challenges that UAS pilots face in completing their training.

Recommendation: To help the Army in its effort to address UAS unit training shortfalls, and to help the Army identify challenges that UAS pilots face in completing their training, the Secretary of Defense should direct the Secretary of the Army to incorporate such feedback into the Army's strategy to address UAS training shortfalls.

Agency: Department of Defense
Status: Open

Comments: DOD partially concurred with this recommendation, and in its initial comments, DOD stated that incorporating feedback from the field is already an element of the Army's strategy for improving the sustainability, maturity, and health of its UAS workforce. DOD stated that our findings will reinforce the importance of using feedback to improve and refine the Army's overall strategy. In July 2018, Army Headquarters officials stated that the Army has multiple agencies and systems that gather feedback to incorporate and improve UAS programs. The officials listed a number of the systems in place to gather feedback on UAS units. However, the Army did not describe any efforts to collect feedback from UAS pilots in UAS units such as by surveying them or conducting focus groups with them. In September 2019, Army officials reiterated their 2018 comments and stated that Army has a number of the systems in place to gather feedback on UAS units. However, the Army has not collected feedback from UAS pilots in UAS units such as by surveying them or conducting focus groups with them and incorporated such feedback into an Army strategy to address UAS training shortfalls.

Recommendation: To help the Army in its effort to address UAS unit training shortfalls, and to help ensure that Army Shadow units meet minimum training requirements, the Secretary of Defense should direct the Secretary of the Army to revise its strategy to address UAS training shortfalls to ensure that it is fully tailored to address training issues and address factors such as lack of adequate facilities, lack of access to airspace, and the inability to fly more than one UAS at a time.

Agency: Department of Defense
Status: Open

Comments: DOD partially concurred with our recommendation that the Army revise its strategy to address UAS training shortfalls to ensure that it is fully tailored to address training issues and address factors such as lack of adequate facilities, lack of access to airspace, and the inability to fly more than one UAS at a time. DOD stated that the Army has already taken steps to continuously improve its training strategy and that our findings will underline the importance of those initiatives, but that additional direction related to our recommendation is not necessary. In their July 2018 written update, Army officials responded to this recommendation by discussing a regulation regarding readiness reporting; however, the response did not clarify how the regulation might address our recommendation. As of November 2019, the Army has not issued an updated UAS strategy that addresses UAS training shortfalls including a lack of adequate facilities, lack of access to airspace, and the inability to fly more than one UAS at a time.

Recommendation: To help the Army in its effort to address UAS unit training shortfalls, and to help the Army ensure that it is basing its decisions to select individuals for UAS pilot training on sound evidence and to help it take advantage of the key benefits associated with effective personnel selection that could include reducing training costs, improving job performance, improving retention of qualified personnel, enabling leadership development, and enhancing organizational effectiveness, the Secretary of Defense should direct the Secretary of the Army to validate that the Armed Services Vocational Aptitude Battery is an effective predictor of UAS pilot candidate performance in UAS pilot training and job performance.

Agency: Department of Defense
Status: Open

Comments: DOD partially concurred with our recommendation that the Army validate that the Armed Services Vocational Aptitude Battery is an effective predictor of UAS pilot candidate performance in UAS pilot training and job performance. DOD stated that it believes that the current graduation rate of soldiers from its UAS pilot school of 98 percent is an indication that the existing personnel resource predictors and practices are sufficient. It also stated that periodic re-validation is prudent, but specific direction to do so is not necessary. In its July 2018 written update about this recommendation, Army officials stated that the successful graduation rate from UAS Advanced Individual Training and suggested that this graduation rate may indicate that the existing Army approach is adequate. As we stated in our report, Army officials told us that senior Army leaders pressure officials at the Army UAS pilot schoolhouse to ensure that UAS pilot candidates make it through training. As a result, graduation rates may not provide the Army with reliable evidence that its approach to selecting personnel to serve as UAS pilots is providing the Army with personnel who have the aptitude for this career. Validating that the Armed Services Vocational Aptitude Battery is an effective predictor of training and job performance of UAS pilot is an important step that would help the Army ensure that it is basing its decisions to select individuals for the UAS pilot career field on sound evidence. As of November 2019, the Army continued to maintain that the successful graduation rate from UAS Advanced Individual Training and suggests that the existing Army approach is adequate.

Recommendation: To help the Army in its effort to address UAS unit training shortfalls, and to help the Army ensure that it is basing its decisions to select individuals for UAS pilot training on sound evidence and to help it take advantage of the key benefits associated with effective personnel selection that could include reducing training costs, improving job performance, improving retention of qualified personnel, enabling leadership development, and enhancing organizational effectiveness, the Secretary of Defense should direct the Secretary of the Army to assess existing research that has been performed that identifies UAS pilot competencies.

Agency: Department of Defense
Status: Open

Comments: DOD partially concurred with our recommendations that the Army assess existing research that has been performed that identifies UAS pilot competencies. In its comments, DOD stated that incorporating findings regarding UAS pilot competencies is already an integral part of both workforce and community management and that effective and efficient resource management, as well as force shaping and management processes, will help ensure that the Army's selection of candidates is consistent with the findings of existing research in this area. DOD stated that it does not believe it is necessary to provide additional direction or guidance to the Army to leverage existing research that identifies UAS pilot competencies. In it's July 2018 written update about this recommendation, Army officials indicated that the Army will assess existing research on UAS operator competencies to improve UAS operator selection. As of November 2019, the Army continued to express interest in assessing existing research on UAS operator competencies to improve UAS operator candidate selection.

Recommendation: To help the Army in its effort to address UAS unit training shortfalls, and to help the Army ensure that it is basing its decisions to select individuals for UAS pilot training on sound evidence and to help it take advantage of the key benefits associated with effective personnel selection that could include reducing training costs, improving job performance, improving retention of qualified personnel, enabling leadership development, and enhancing organizational effectiveness, the Secretary of Defense should direct the Secretary of the Army to incorporate relevant findings from such research into the Army's approach for selecting UAS pilot candidates, as appropriate.

Agency: Department of Defense
Status: Open

Comments: DOD partially concurred with our recommendations that the Army incorporate relevant findings from such research into the Army's approach for selecting UAS pilot candidates, as appropriate. DOD stated that incorporating findings regarding UAS pilot competencies is already an integral part of both workforce and community management and that effective and efficient resource management, as well as force shaping and management processes, will help ensure that the Army's selection of candidates is consistent with the findings of existing research in this area. DOD stated that it does not believe it is necessary to provide additional direction or guidance to the Army to leverage existing research that identifies UAS pilot competencies. In its July 2018 written update on this recommendation, Army officials indicated that the Army will consider a cost benefit analysis on techniques that would potentially improve a process, product, or result related to selecting UAS pilot candidates. Officials went on to state that once the assessment is complete, the Army will incorporate relevant findings into the approach for selecting UAS pilot candidates. As of November 2019, the Army expressed interest in incorporating findings from relevant research into processes for selecting UAS pilot candidates.

Recommendation: To improve DOE's ability to evaluate and monitor the effectiveness of policies that call for all organizations, including contractors, to embrace a strong safety culture and create a work environment that encourages a questioning attitude by all employees, the Secretary of Energy should develop and implement an independent evaluation process for routinely and accurately measuring contractor employees' willingness to raise safety and other concerns without fear of retaliation. This process should ensure that an independent third party develops, conducts, and consistently applies the evaluation methodology--which should include safeguards that protect anonymity. The process should also enable DOE to oversee and ensure that appropriate corrective actions are taken in response to evaluation results.

Agency: Department of Energy
Status: Open

Comments: DOE concurred with the recommendation. DOE has developed a plan to analyze tools utilized by site contractors to determine the viability of using the data to monitor the influence of work environment on employees' willingness to raise safety concerns. As of March 2020, DOE had completed assessments of safety culture sustainment tools and drafted a report. According to officials, the draft report is undergoing final review and officials anticipate issuing the report by the end of fiscal year 2020.

Recommendation: To help ensure that the organizational placement and practices of DOE- and contractor- provided Employee Concerns Programs (ECP) do not inhibit contractor employees from raising safety and other concerns, the Secretary of Energy should revise DOE's ECP order and guidance to (1) require that the organizational placement and practices of contractor ECP's do not compromise or impair their independence, (2) clarify the circumstances under which DOE's ECP is permitted to transfer and refer concerns to contractors, and notify or require approval of the contractor employee raising the concern, and (3) provide criteria for overseeing and evaluating the effectiveness and independence of contractor-provided ECPs.

Agency: Department of Energy
Status: Open

Comments: DOE concurred with the recommendation. DOE issued its revised order on the employee concerns program (ECP) in January 2019. However, that order did not address all three issues raised in our recommendation. Specifically, the order states that it is a best practice for contractor ECP managers to report to a designated executive in the contractor management chain, but does not include information on concerns of independence. Additionally, there is instruction that ECP managers must assess programs and how often, but there is not specific criteria for overseeing and evaluating effectiveness or independence. As of May 2020, we are continuing to discuss these issues with DOE officials.

Recommendation: To help ensure that Congress has the information it needs as it considers whether or not to make permanent the enhanced whistleblower pilot program and that DOE has assurance that contractor employees have an effective mechanism to seek remedy for unlawful retaliation, the Secretary of Energy should fully evaluate the extent to which the pilot program has been implemented and whether its provisions will mitigate challenges associated with DOE's 708 program. This evaluation should include, at a minimum, an assessment of (1) contractors that have adopted the pilot program and the date they did so; (2) contractors that have not adopted the pilot program and an explanation of why not; (3) cases filed under the pilot program, if any; and (4) the pilot program's potential for mitigating challenges associated with the 708 program.

Agency: Department of Energy
Status: Open

Comments: DOE concurred in principle with the recommendation. In response, the Office of Hearings and Appeals conducted a review of the Part 708 program that addressed three of the four items identified in the recommendation. As of May 2020, we are continuing to work with DOE on whether or how it plans to assess the contractors that have adopted the pilot program and the date they did so.

Recommendation: To help improve DOE's ability to take enforcement action against unlawful retaliation when appropriate and take action against contractors that create a chilled work environment, the Secretary of Energy should revise DOE's Integrated Safety Management policy and guidance to clarify what constitutes evidence of a chilled work environment and define the appropriate steps DOE should take to hold contractors accountable for creating a chilled work environment.

Agency: Department of Energy
Status: Open
Priority recommendation

Comments: DOE concurred with the recommendation. In January 2018, DOE issued a revision to DOE Policy 450.4A. The revised policy states that organizations should foster a culture that allows employees to "feel free to raise safety concerns without fear of retaliation...and supporting a questioning attitude concerning safety by all employees." However, the policy does not define the appropriate steps DOE should take to hold contractors accountable for creating a chilled work environment. As of May 2020, we are continuing to work with DOE to determine whether they plan to make additional changes to the policy to address our recommendation.

Recommendation: To enable AFRICOM to comprehensively and consistently account for contractor personnel in Africa, the Secretary of Defense, in coordination with the Chairman of the Joint Chiefs of Staff, should direct Joint Staff to clarify what types of contractor personnel should be accounted for in its guidance on personnel status reports.

Agency: Department of Defense
Status: Open

Comments: DOD concurred with this recommendation. DOD has taken steps to clarify what types of contractor personnel should be accounted for in its guidance on personnel status reports, but, as of July 2019, revision of that guidance is ongoing. According to Joint Staff officials in May 2018, CJCSM 3150.13C provides policy and guidance on what types of contractor personnel to account for in personnel status reports, and the updated guidance will incorporate lessons learned from USAFRICOM's implementation of that policy. The updated CJCSM 3150.13C is projected to be completed by Summer 2018. Once issued, USAFRICOM officials stated they will incorporate their local policies and standards into the CJCSM 3150.13C, and expect that a coordinated directive on local policies, procedures and standards will mitigate many of the previous interpretation issues. However, additional training and amplifying local procedures issued by the USAFRICOM J-1 may be necessary to fully implement its provisions and ensure consistent interpretation. Additionally, in February 2016, a class deviation became effective for the USAFRICOM area of responsibility (AOR). This deviation superseded Class Deviations 2014-O0005, and 2015-O0003. The deviation stated that contracting officers shall incorporate clause 252.225-7980, Contractor Personnel Performing in the United States Africa Command Area of Responsibility, in lieu of the clause at DFARS 252.225-7040, Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States, in all solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items that will require contractor personnel to perform in the United States Africa Command (USAFRICOM) area of responsibility. In addition, to the extent practicable, contracting officers shall modify current, active contracts with performance in the USAFRICOM AOR to include the clause 252.225-7980. The USAFRICOM Commander has identified a need to utilize the Synchronized Pre-deployment and Operational Tracker for all contracts performed in the AOR during all operational phases (including Phase 0), not limited to declared contingency operations. However, until CJCSM 3150.13C clarifying the types of contractor personnel and incorporating lessons learned from AFRICOM's implementation is finalized, this recommendation will remain open. As of July 2020, this CJSM had not been updated. Moreover, in July 2020, DOD stated that reissuance of DOD Instruction 3020.41, Operational Contract Support, is required in order to implement this recommendation. When DOD takes further action, we will update this recommendation.

Recommendation: To ensure that combatant commands are not contracting with entities that may be connected to or supporting prohibited organizations, the Secretary of Defense, in coordination with the Chairman of the Joint Chiefs of Staff, should develop guidance that clarifies the conditions under which combatant commands should have a foreign vendor vetting process or cell in place to determine whether potential vendors actively support any terrorist, criminal, or other sanctioned organizations, including clarifying when combatant commands should develop procedures for transmitting the names of any vendors identified through this process for inclusion in prohibited entities lists in the appropriate federal contracting databases, such as the System for Award Management.

Agency: Department of Defense
Status: Open
Priority recommendation

Comments: DOD concurred with this recommendation. As of July 2019, DOD has taken steps to develop foreign vendor vetting guidance, but is still working to determine key components of that guidance. Office of the Deputy of the Secretary of Defense issued a directive type memorandum in April 2018 that establishes policy and assigns responsibility for developing vendor vetting guidance to the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Policy, the Under Secretary of Defense for Intelligence, and the Chairman of the Joint Chiefs of Staff. Additionally, DOD established a foreign vendor vetting working group in January 2017 to, among other things, develop guidance that will define foreign vendor vetting as a distinct function and provide combatant commanders with guidance on addressing the risks associated with relying on commercial vendors. As of November 2019, OSD officials stated the working group is making progress to develop a formal charter, identify tools and strategies to enhance vendor vetting across the combatant commands, and establish a department-wide vendor vetting policy. Until DOD develops vendor vetting guidance, this recommendation will remain open. As of July 2020, DOD had extended its directive type memorandum, but had not developed vendor vetting guidance. When we confirm what additional actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: To better position the Army to determine the extent to which it is continuing to use borrowed military personnel and to enhance the Army's ability to utilize its total workforce efficiently and effectively as it moves forward, the Secretary of the Army should establish a requirement for collecting, tracking, and reporting data on the use of borrowed military personnel and provide guidance to ensure that data collected are complete and accurate; if other special duty data are included, ensure that the tool contains a method to distinguish borrowed military personnel from other special duty data.

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

Comments: The Army concurred with our recommendation and noted that it has an existing process for oversight and reporting of the use of soldiers replacing or converting functions previously performed by contractors and planned to develop a similar policy to address oversight on soldiers replacing or converting functions previously performed by civilians. As of July 2019, the Army has not provided an update on the development of this policy.

Recommendation: To better position the Army to determine the extent to which it is continuing to use borrowed military personnel and to enhance the Army's ability to utilize its total workforce efficiently and effectively as it moves forward, the Secretary of the Army should issue guidance that includes procedures for tracking the amount of time soldiers are used as borrowed military personnel.

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

Comments: The Army concurred with our recommendation and noted that it would be unreasonable to require tracking the amount of time soldiers are used as borrowed military personnel because it would be overly burdensome and that Army Regulation 570-4 allows for the use of soldiers for training purposes or for temporary functions. In July 2019, the Army indicated that the revision to Army Regulation 570-4 will be issued in December 2019.

Recommendation: To better position the Army to determine the extent to which it is continuing to use borrowed military personnel and to enhance the Army's ability to utilize its total workforce efficiently and effectively as it moves forward, the Secretary of the Army should revise Army Regulation 570-4 to include guidance to senior commanders for approving the use of soldiers for positions or functions outside their occupational specialty on a rotational basis for an enduring period.

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

Comments: The Army partially concurred with our recommendation. In their comments the Army noted that it has issued guidance establishing the appropriate use of military manpower and was in the process of incorporating this guidance into Army Regulation 570-4. In July 2019, the Army indicated that the revision of Army Regulation 570-4 would be issued in December 2019.

Recommendation: To better position the Army to determine the extent to which it is continuing to use borrowed military personnel and to enhance the Army's ability to utilize its total workforce efficiently and effectively as it moves forward, the Secretary of the Army should establish oversight mechanisms that include directing commanders to maintain records for considering the full costs of borrowed military personnel when making decisions to use these personnel, and directing the Army to review these records and full costs reported by installations and commands to help ensure that these costs are considered, documented, and reported in a uniform manner.

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

Comments: The Army concurred with our recommendation. However, the Army noted that it already has a process requiring that a cost analysis take place. Additionally, the Army stated that the process of conducting a cost analysis should be conducted at the headquarter level and that the Army will issue policy to institute this. As of July 2019 the Army has not provided an update on the status of this policy or a status on implementing the recommendation.

Recommendation: To help improve DOD, State, and USAID's ability to track contracts and contractor personnel in contingency operations and to help ensure that DOD possesses the capability to collect and report statutorily required information and to clarify responsibilities and procedures, the Secretary of Defense should direct the Under Secretary of Defense for Acquisition, Technology and Logistics to update SPOT provisions during the process of updating operational contract support guidance.

Agency: Department of Defense
Status: Open

Comments: DOD concurred with our recommendation. In August 2018, the office of the Assistant Secretary of Defense for Logistics and Materiel Readiness reported that an update of DOD Instruction 3020.41 is in progress, and will include updated SPOT provisions. However, as of August 2020, the updated instruction had not been issued.

Recommendation: To help improve DOD, State, and USAID's ability to track contracts and contractor personnel in contingency operations and to provide clarity about expectations for the Joint Asset Movement Management System (JAMMS) that can help improve the timeliness and reliability of data for SPOT-ES from JAMMS uploads, the Secretary of Defense should direct the Chairman of the Joint Chiefs of Staff, in coordination with the combatant commanders, to develop comprehensive guidance regarding the purpose of JAMMS and its role in supporting plans for different types of missions. Such guidance could include direction on the number and location of JAMMS terminals and how frequently JAMMS's data should be uploaded into SPOT-ES to meet DOD's information needs.

Agency: Department of Defense
Status: Open

Comments: DOD partially concurred with our recommendation. DOD stated that it agreed to provide clarity regarding the purpose and use of JAMMS to improve the timeliness and reliability of JAMMS data, though it did not agree that such guidance could include direction on the number and location of JAMMS terminals and how frequently JAMMS's data should be uploaded into SPOT-ES. DOD stated that it would revise language in DOD Instruction 3020.41, Operational Contract Support, to reflect in policy the requirement to use the entire SPOT Enterprise Suite (SPOT-ES), which includes JAMMS. DOD also stated that the combatant commander should establish the requirements for terminal quantities and locations and for data upload schedules based on operational needs in the relevant theater. We agreed with DOD that the combatant commands need flexibility based on operational requirements. In August 2018, the office of the Assistant Secretary of Defense for Logistics & Materiel Readiness reported that the update to DOD Instruction 3020.41 is in progress and will clarify information on the JAMMS capability. However, as of August 2020, the updated instruction had not been issued. Updated SPOT-ES Business Rules dated May 10, 2018 incorporate the role of JAMMS in maintaining visibility of contractor personnel.

Recommendation: Until such time that DOD is able to accurately project contractor FTE estimates it presents in budget submissions using the inventories and required reviews, the Secretary of Defense should direct the Under Secretary of Defense (Comptroller) to include an explanation in annual budget exhibits of the methodology used to project contractor FTE estimates and any limitations of that methodology or the underlying information to which the methodology is applied.

Agency: Department of Defense
Status: Open

Comments: DOD partially concurred with this recommendation and stated in its agency comments that it will strengthen the annual guidance as improvements are made in the inventory of contracted services. Further, DOD stated that if a component's methodology deviates from the process defined in the annual guidance, a footnote explaining the deviation will be included in the contracted services section of the Operation and Maintenance Overview book within the budget. The department could not provide any evidence of steps taken in response to this recommendation, as such we consider this recommendation to be open.

Recommendation: To ensure that the geographic combatant commands are properly sized to meet their assigned missions and to improve the transparency of the commands' authorized manpower, assigned personnel, and mission and headquarters-support costs, the Secretary of Defense should direct the Chairman of the Joint Chiefs of Staff to revise Chairman of the Joint Chiefs of Staff Instruction 1001.01A to require a comprehensive, periodic evaluation of whether the size and structure of the combatant commands meet assigned missions.

Agency: Department of Defense
Status: Open
Priority recommendation

Comments: The Department of Defense (DOD) did not concur with our recommendation, stating that the combatant commands had already been reduced during previous budget and efficiency reviews. The department also noted that any periodic review of the combatant commands' size and structure must include a review of assigned missions, and that a requirement for a mission review was not appropriate for inclusion in the commands' guiding instruction on personnel requirements. However, DOD has taken some actions to better manage the combatant command headquarters activities and personnel as GAO recommended in May 2013. First, DOD has taken actions to control management headquarters authorized positions and funding levels across the department, including those at the combatant commands, through the budget process. For example, in a May 2017 memorandum entitled: Lifting the Hiring Freeze for Civilian Employees, the Deputy Secretary of Defense stated that components must operate within the full-time equivalent authorization and funding limits established in the fiscal year 2017 President's budget, including the Future Years Defense Program. Notably, current baselines, divestiture requirements, and hiring limitations applicable to major headquarters activities remain in effect. Major headquarters activities billet adjustments or growth was not authorized unless approved through the program review and budget process. Additionally, in the conference report accompanying the National Defense Authorization Act for Fiscal Year 2020, Congress directed the Secretary of Defense to provide a report to the defense committees by January 1, 2020 that provides a description of the headquarters staff of each geographic combatant command, as well as each sub-unified command and service component command under the geographic combatant command. According to DOD officials, as of March 2020, the Department has not completed the report and they could not provide an estimated timeframe for its completion. As part of this effort, the Secretary of Defense was also directed to submit a report by January 1, 2021 recommending the number of military and civilian personnel required in the headquarters element to execute the missions and functions of each geographic combatant command. Further, in a January 6, 2020 memorandum entitled: Department of Defense Reform Focus in 2020, the Secretary of Defense announced plans to lead a series of reviews with the combatant commands in 2020, to focus on strategic priorities, harvest opportunities to reduce costs, and realign forces and manpower in order to support National Defense Strategy priorities and rebuild readiness. This effort includes establishing a common baseline understanding of all tasks, missions, and overall resources and costs within the commands. According to the memorandum, the goal is to review all the commands in time to inform the fiscal year 2022-2026 program budget review. GAO will continue to monitor DOD's efforts to better manage the combatant command headquarters activities and personnel. Although the department has taken some positive steps, GAO continues to believe that institutionalizing a comprehensive, periodic evaluation of the combatant commands would help to ensure efficient use of resources.

Recommendation: The Commissioner of the IRS should direct the appropriate IRS officials to revise the post orders for the service center campuses (SCC) and lockbox bank security guards to include specific procedures for timely reporting exterior lighting outages to SCC or lockbox bank facilities management. These procedures should specify (1) whom to contact to report lighting outages and (2) how to document and track lighting outages until resolved.

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

Comments: IRS's actions to address this recommendation are ongoing. IRS officials stated that during fiscal year 2020, Facilities Management and Security Services (FMSS) will update the Internal Revenue Manual to reflect the necessary guidance for service center guards and FMSS physical security specialists to know (1) whom the guards are to contact to report lighting outages and (2) how lighting outages are to be documented and tracked until resolved.