Recommendation: EBSA should explore ways to collect information on fees charged to participants or alternate payees by a retirement plan—including plan service provider fees the plan passes on to participants—for review and qualification of domestic relations orders and evaluate the burden of doing so. For example, DOL could consider collecting fee information as part of existing reporting requirements in the Form 5500. (Recommendation 1)

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: EBSA should take steps to ensure that information regarding the requirements for QDROs is available and easily accessible for participants and alternate payees. For example, EBSA could develop a checklist of documents and information that parties could use to help draft a domestic relations order that would be more likely to be qualified as a QDRO on a plan administrator's first review. In addition, EBSA could conduct outreach focused on QDROs to practitioners, such as members of the family bar who may draft domestic relations orders. (Recommendation 2)

Agency: Department of Labor
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Secretary of Labor should ensure that DOL has a procedure to help the agency analyze reasons for delays in processing National Dislocated Worker Grant applications and grant modifications. (Recommendation 1)

Agency: Department of Labor
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Secretary of Labor should identify and implement additional mechanisms to allow EAA grantees to share information about innovative and best practices with each other, such as DOL hosting an in-person or virtual national convening for grantees. (Recommendation 2)

Agency: Department of Labor
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Secretary of Labor should work with the Federal Co-Chair of the ARC to identify and implement mechanisms that allow for information sharing between the two agencies regarding their EAA programs, including sharing grant decisions. (Recommendation 3)

Agency: Department of Labor
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Secretary of Labor should, as part of the Department's evidence building processes, prioritize improving the quality of evidence on the impact of job training for dislocated workers. (Recommendation 6)

Agency: Department of Labor
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Secretary of Labor should identify the expected time frame for providing the first report to Congress that is responsive to the WIOA requirement for an annual report that includes research and evaluation findings. In addition, the agency should communicate this time frame to relevant congressional committees. (Recommendation 7)

Agency: Department of Labor
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Director of the Office of Workers' Compensation Programs should direct the Division of Federal Employees' Compensation to send a reminder to all FECA recipients as they approach retirement that they may want to obtain FERS retirement benefits estimates for comparisons with FECA, including annuity estimates from their employing agencies and estimates of their Thrift Savings Plan and Social Security benefits. (Recommendation 1)

Agency: Department of Labor
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Director of the Office of Workers' Compensation Programs should direct the Division of Federal Employees' Compensation to coordinate with the Social Security Administration to take steps to modernize and improve the process of manually generating benefit amounts with and without federal earnings and exchanging information between the agencies to enable the provision of offset estimates to FECA recipients upon request and to reduce the potential for human error in applying offsets. (Recommendation 2)

Agency: Department of Labor
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Secretary of Labor should, in consultation with the Small Business Administration and the Department of the Treasury, immediately provide information to state unemployment agencies that specifically addresses the Small Business Administration's Paycheck Protection Program loans, and the risk of improper payments associated with these loans. (Recommendation 1)

Agency: Department of Labor
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Secretary of Labor should ensure that BLS explores cost-efficient ways to evaluate the data sources currently used to produce subpopulation indexes, such as by engaging more directly with other stakeholders or seeking input from its advisory groups and other knowledgeable entities about approaches to expand data collection in a cost-efficient manner. (Recommendation 1)

Agency: Department of Labor
Status: Open

Comments: The Department of Labor agreed with this recommendation and stated that it would continue to investigate improvements to subpopulation indexes.

Recommendation: The Secretary of Labor should ensure that BLS explores the use of already collected National Accounts data to produce more accurate, timely, and relevant CPIs. (Recommendation 2)

Agency: Department of Labor
Status: Open

Comments: The Department of Labor (DOL) disagreed with this recommendation, stating that the National Accounts data are not a replacement for Consumer Expenditure Survey data. We agree that the National Accounts data are not a wholesale replacement for the Consumer Expenditure Survey data, but it would still be useful to examine National Accounts data as an augmenting, alternative source of data to supplement or enrich the Consumer Expenditure Survey. Such an effort could potentially lead to more accurate, timely, and relevant CPIs. Although DOL noted that the Consumer Expenditure Survey is a continuous survey and that data are received quarterly, most CPIs still rely on expenditure weights based on Consumer Expenditure Survey data that are up to 4 years out-of-date. In addition, the Consumer Expenditure Survey faces increasing costs and declining response rates. DOL said it is exploring ways to accelerate the data collection and processing time and that it periodically investigates the frequency of updating expenditure weights. This is a laudable effort that we believe warrants further action to explore additional opportunities for improvement, such as researching the extent to which there are instances or categories for which the National Accounts data could be used to produce more up-to-date expenditure weights than the Consumer Expenditure Survey.

Recommendation: The Assistant Secretary for Employment and Training should clarify DOL's expectations of the role of state workforce agencies in addressing the employment and training needs of those affected by SUD and how non-targeted WIOA funding can be used to assist job seekers and employers. (Recommendation 1)

Agency: Department of Labor
Status: Open

Comments: DOL agreed with this recommendation. ETA anticipates providing information and technical assistance to help workforce system grantees understand how they can address the impacts of SUD on the workforce. The agency also plans to issue guidance by the end of 2020 to share promising practices and describe how WIOA funds can be used to support job seekers in recovery and employers.

Recommendation: The Assistant Secretary for Employment and Training should share information from targeted grantees with all state workforce agencies, tribal governments, and outlying areas regarding lessons learned and promising practices in addressing the needs of job seekers affected by SUD and potential employers. (Recommendation 2)

Agency: Department of Labor
Status: Open

Comments: DOL agreed with this recommendation, noting that ETA has created resources that are available to all states based on its experience administering some of the targeted grants. ETA officials cited the recently published literature review and companion resource guide, and said they also plan to share the evaluation of the Phase 1 grants widely when it is available, including any resources or tools developed by states that were awarded Phase 1 grants. In addition, ETA plans to host at least one webinar to share additional promising practices from the targeted grants that could be useful to local workforce boards around the country.

Recommendation: The Assistant Secretary for DOL's Veterans' Employment and Training Service should document its data quality validation processes for performance data for the Homeless Veterans' Reintegration Program and disseminate these processes to service providers. (Recommendation 2)

Agency: Department of Labor
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Assistant Secretary of DOL's Employment and Training Administration should include detailed information on the methodology used to identify centers for proposed closure in its notices for public comment.

Agency: Department of Labor: Office of the Secretary
Status: Open

Comments: The agency concurred with the purpose and intent of this recommendation, stating that the level of information it included in notices for public comment concerning such matters complied with WIOA requirements and provided a meaningful opportunity for public comment: it did not indicate that it would provide more detailed information in the future. While we acknowledge that DOL is not required to publish its methodology in public notices, we believe that including such information can provide greater transparency in assisting the public and the Congress in understanding the agency's decision-making used to select centers for closure. DOL included detailed information on the methodology used to identify centers for proposed closure in its 2014 and 2016 public notices. As such, we believe ETA should take action to implement this recommendation in the event that the agency proposes Job Corps centers for closure in the future.

Recommendation: The Assistant Secretary for the Employment and Training Administration should work with the Director of United States Citizenship and Immigration Services to assess options for changing the H-2B visa program and, as warranted, implement changes or submit proposed legislative changes to Congress. DOL and DHS could consider options included in their June 2019 report to Congress and identify those that may be implemented cost effectively and without adversely affecting U.S. workers. (Recommendation 2)

Agency: Department of Labor: Employment and Training Administration
Status: Open

Comments: DOL agreed with this recommendation. DOL said it is prepared to work with DHS to consider options for changing the H-2B program and to provide any technical assistance that Congress may need on this issue. We will monitor the agency's progress to implement this recommendation.

Recommendation: The Assistant Secretary for the Employment and Training Administration should work with the Director of United States Citizenship and Immigration Services to assess the advantages and disadvantages of considering current economic trends in determining the appropriate number of additional H-2B visas to provide when given this authority by Congress and, as warranted, implement an approach that considers such trends. (Recommendation 4)

Agency: Department of Labor: Employment and Training Administration
Status: Open

Comments: DOL agreed with this recommendation. The agency plans to draw on its data on labor market and economic trends to provide technical assistance to DHS on the determination of how many additional H-2B visas to make available.

Recommendation: The Assistant Secretary for the Employment and Training Administration should take steps to target its audits of H-2B employers to employers with the highest likelihood of violating program requirements; such steps could include moving ahead with developing a system for identifying trends in H-2B employer audit outcomes. (Recommendation 5)

Agency: Department of Labor: Employment and Training Administration
Status: Open

Comments: DOL agreed with this recommendation. DOL noted that while further development of a system for tracking industry and occupational trends in H-2B employer violations is currently on hold due to budgetary constraints, when this system is available it will provide the capacity to take a risk-based approach to selecting employers for audits. We will monitor the agency's progress to implement this recommendation.

Recommendation: The Director of the Office of Workers' Compensation Programs should develop and implement procedures for coal mine operator self-insurance renewal that clarifies how long an operator is authorized to self-insure; when an operator must submit its renewal application and supporting documentation; and the conditions under which an operator's self-insurance authority would not be renewed. (Recommendation 1)

Agency: Department of Labor: Office of Workers' Compensation Programs
Status: Open

Comments: DOL agreed with this recommendation and said it is acting to implement it to achieve further improvements in ensuring the effective oversight of coal mine operator insurance. DOL reported that it would ensure letters granting or renewing self-insurance authority will inform operators that their authorization expires in one year and that they must submit renewal information three months in advance of the expiration date.

Recommendation: The Director of the Office of Workers' Compensation Programs should develop and implement procedures for self-insured coal mine operator appeals that identify time lines for self-insured operators to submit documentation supporting their appeals and that identify a goal for how much time DOL should take to make appeals decisions. (Recommendation 2)

Agency: Department of Labor: Office of Workers' Compensation Programs
Status: Open

Comments: DOL agreed with this recommendation and said it is acting to implement it to achieve further improvements in ensuring the effective oversight of coal mine operator insurance. DOL reported that it will ensure letters denying self-insurance will inform operators that they have a 30-day appeal period (limited to one extension) and that DOL has set a goal of resolving all appeals within 90 days of the denial letter.

Recommendation: The Director of the Office of Workers' Compensation Programs should develop and implement a process to monitor operator compliance with commercial insurance requirements and periodically evaluate the effectiveness of this process. This process should be designed to detect errors and omissions in reporting insurance coverage using complete, accurate, and consistently recorded data. (Recommendation 3)

Agency: Department of Labor: Office of Workers' Compensation Programs
Status: Open

Comments: DOL agreed with this recommendation and said it is acting to implement it to achieve further improvements in ensuring the effective oversight of coal mine operator insurance. DOL reported that it will modify existing computer systems to identify lapses or cancellations of commercial insurance coverage, and require operators identified as having lapsed or cancelled coverage to obtain or provide proof of coverage within 30 days.

Recommendation: The Secretary of Labor should review and determine whether its reporting requirements for executive retirement plans should be modified to provide additional information DOL could use to oversee whether these plans are meeting eligibility requirements. (Recommendation 2)

Agency: Department of Labor: Office of the Secretary
Status: Open

Comments: DOL stated that it does not have plans to issue guidance or regulations regarding executive retirement plans, citing, among other considerations, existing resource constraints and priority regulatory and guidance projects in development, and that it would not be advisable to shift resources from other projects. GAO continues to maintain that DOL's one-time single page alternative reporting for executive retirement plans lacks important information sufficient to help the agency identify whether companies may be including ineligible employees in its plan and DOL's current data on executive retirement plans has limited usefulness due to the age and limits of the original data submitted.

Recommendation: The Secretary of Labor should explore actions the agency could take to help companies prevent the inclusion of rank-and-file employees in executive retirement plans and determine which, if any, actions should be implemented. (Recommendation 3)

Agency: Department of Labor: Office of the Secretary
Status: Open

Comments: DOL stated that the agency has not encountered evidence of systematic abuses involving executive retirement plans or that ERISA's claims procedure rules and judicial remedies are inadequate to protect participants' benefit rights. However, we reported that industry surveys indicate that some companies may be extending employee eligibility to high percentages of their workforce who are lower-paid and lower-ranked employees who may not be considered a part of a select group. Industry experts also told us that plan eligibility requirements for executive retirement plans are not clearly defined and that companies are unclear on how to establish eligibility, and they identified court cases that contribute to the confusion regarding plan eligibility. Implementing this recommendation will help ensure that only executives who can bear the risks inherent in these plans are participating.

Recommendation: The Secretary of Labor should provide specific instructions for companies to follow to correct eligibility errors that occur when rank-and-file employees are found to be participating in executive retirement plans, and should coordinate with other federal agencies on these instructions, as appropriate. (Recommendation 4)

Agency: Department of Labor: Office of the Secretary
Status: Open

Comments: DOL suggested a remedy in an amicus brief for companies to follow to correct eligibility errors in these plans could have unintended consequences for participants because, according to IRS officials, it could result in violations of federal tax law and additional tax for participants. We urge DOL to develop instructions to correct eligibility errors, in coordination with other federal agencies, as needed, in a way that does not adversely affect rank-and-file employees participating in these plans.

Recommendation: The Secretary of Labor should direct the Employment and Training Administration to take steps, such as reconciling data between Job Corps centers and the Job Corps National Office, to ensure that the entities responsible for overseeing and monitoring the Job Corps Program have accurate data on the excess property provided to non-federal recipients. (Recommendation 3)

Agency: Department of Labor: Office of the Secretary
Status: Open

Comments: As of February 2020, DOL indicated in its 180-day letter that they concurred with the recommendation, and have taken steps to improve the monitoring and oversight of Job Corps Property. This includes modifying the GSAXcess approval process by elevating review of all GSAXcess requests made by Job Corps Centers to DOL's Employment Training Administration's (ETA) national office. ETA is also working with DOL's Office of the Assistant Secretary for Administration and Management (OASAM) to develop a process for GSAXcess review that includes identifying approval levels for each category of property, identifying categories of property requiring additional review and approvals, and coordinating and streamlining access request procedures. These changes will be reflected in DOL's Office of Job Corps standard operating procedures (SOP), which is expected to be issued at the end of fiscal year 2020. DOL expects to provide training to Job Corps staff and Job Corps Centers in support of the SOP that will be provided annually. GAO will continue to monitor DOL's efforts to implement this recommendation.

Recommendation: The Assistant Secretary of Labor for the Employee Benefits Security Administration should evaluate whether targeted oversight in response to information received is effective for ensuring compliance with MH/SU parity requirements. If this evaluation determines the current targeted oversight approach results in significant program risks, the Employee Benefits Security Administration should develop a plan to more effectively enforce MH/SU parity requirements and if necessary seek additional oversight authority, as warranted. (Recommendation 1)

Agency: Department of Labor: Employee Benefits Security Administration
Status: Open

Comments: DOL agreed with this recommendation. In February 2020, DOL reported that its Employee Benefits Security Administration plans to evaluate its targeted approach to MH/SU parity enforcement. When we confirm what actions DOL has taken in response to this recommendation, we will provide updated information.

Recommendation: The Secretary of Labor should develop an approach to ensure that all relevant participants are involved in the department-wide process for prioritizing evidence needs. (Recommendation 6)

Agency: Department of Labor
Status: Open

Comments: In a November 2019 letter providing comments on a draft of this report, the Department of Labor (DOL) agreed with this recommendation. The letter further described actions DOL planned to take to address it. DOL stated that in fiscal year 2020 it would update its written guidance to formalize the involvement of relevant participants in department-wide evidence-building activities. However, as of October 2020, DOL had not yet provided us with documentation that would allow us to assess the extent to which its updated guidance addresses our recommendation. We will continue to monitor DOL's actions to address this recommendation.

Recommendation: The Secretary of Labor should revise written guidance for the department-wide process for prioritizing evidence needs to ensure it identifies all relevant participants and their respective roles and responsibilities. (Recommendation 7)

Agency: Department of Labor
Status: Open

Comments: In a November 2019 letter providing comments on a draft of this report, the Department of Labor (DOL) agreed with this recommendation. The letter further described actions DOL planned to take to address it. DOL stated that in fiscal year 2020 it would update its written guidance to formalize the involvement of relevant participants in department-wide evidence-building activities. However, as of October 2020, DOL had not yet provided us with documentation that would allow us to assess the extent to which its updated guidance addresses our recommendation. We will continue to monitor DOL's actions to address this recommendation.

Recommendation: The Secretary of Labor should ensure that the agency fully implements each of the eight key IT workforce planning activities it did not fully implement. (Recommendation 8)

Agency: Department of Labor
Status: Open

Comments: In December 2019, Labor officials provided additional documentation on actions taken to address the recommendation. We plan to review the documentation, and when we confirm what actions the agency has taken, we will provide updated information.

Recommendation: The Secretary of Labor should update the department's environmental justice strategic plan. (Recommendation 7)

Agency: Department of Labor
Status: Open

Comments: In November 2019, the department stated that its role is tangential to achieving environmental justice goals, but it is committed to integrating environmental justice into its responsibilities to protect workers. It stated that it has no plans at this time to update its environmental strategic plan. We agree that Labor should develop an environmental plan that contains goals consistent with its mission and authorities. We will continue to review its actions to implement our recommendation.

Recommendation: The Secretary of Labor should issue a progress report on the department's environmental justice efforts each year. (Recommendation 18)

Agency: Department of Labor
Status: Open

Comments: In November 2019, the department stated that its role is tangential to achieving environmental justice goals and therefore it has no real chance to update its progress reports. We agree that Labor should develop an environmental strategic plan containing goals consistent with its mission and authorities. It can develop progress reports annually related to these goals. We will continue to review its actions to implement our recommendation and update this information.

Recommendation: The Assistant Secretary of ETA should develop, document, and implement a comprehensive strategy that (1) accounts for Job Corps' projected workload requirements and (2) considers its acquisition workforce needs—including the number of staff, skills, and other supports necessary to plan, award, and monitor Job Corps center contracts—to enable it to effectively plan for and competitively award future Job Corps center contracts. (Recommendation 1)

Agency: Department of Labor: Employment and Training Administration
Status: Open

Comments: DOL stated that it will develop, document, and implement a comprehensive strategy that accounts for Job Corps' projected workload requirements and considers its acquisition workforce needs. DOL noted that it has released a new procurement plan which reflects its decision to re-procure 28 Job Corps centers prior to the final option year of their contract. DOL said that this action would result in each region having no more than five procurements each year, which it considers a manageable procurement workload for its current staffing level. We will consider closing the recommendation when such a comprehensive strategy is implemented.

Recommendation: The Secretary of Labor should update the department's policies to require (1) the use of risk assessments to inform control tailoring and (2) the use of risk assessments to inform POA&M prioritization. (Recommendation 23)

Agency: Department of Labor
Status: Open

Comments: The Department of Labor concurred with this recommendation. As of January 2020, we had not received information pertaining to this recommendation. Once the department states that it has taken action, we plan to verify whether implementation has occurred.

Recommendation: The Assistant Secretary of Labor for the Employee Benefits Security Administration (EBSA) should
1. create and implement a policy for standard posting requirements regarding comments and their identity information, particularly for duplicate comments;
2. clearly communicate this policy to the public on the EBSA website; and
3. evaluate the duplicative practice of replicating rulemaking dockets on the EBSA website, to either discontinue the practice or include a reference to Regulations.gov and explanation of how the pages relate to one another. (Recommendation 4)

Agency: Department of Labor: Employee Benefits Security Administration
Status: Open

Comments: EBSA concurred with the recommendation. In September 2019, EBSA stated that it will develop a written policy regarding posting of comments, including that of duplicate comments. This information will be available on their website. Additionally, EBSA will post a reference to Regulations.gov as part of each Notice of Proposed Rulemaking (NPRM) webpage that includes public comments together with an explanation of its relation to Regulations.gov as a means to access public comments on EBSA's rulemaking initiatives. EBSA officials did not provide a date by which these actions will be implemented. Additionally, while EBSA noted that internal and external users prefer the agency's current practice of replicating rulemaking dockets, the agency did not provide evidence that a formal evaluation had been conducted, and did not identify plans to do so. As a result, at this time our recommendation to EBSA remains open.

Recommendation: The Administrator of the Wage and Hour Division (WHD) should clearly communicate its policy for posting comments and their identity information, particularly for duplicate comments, to the public on the WHD website. (Recommendation 8)

Agency: Department of Labor: Wage and Hour Division
Status: Open

Comments: WHD concurred with the recommendation. In August 2019, WHD indicated that it will add text to each webpage for any rulemaking that invites public comments which states that any personal information included in the comments (including duplicate) will be posted to Regulations.gov without change. However, the text provided by officials does not explain WHD's policy of posting duplicate comments as a group under a single document ID, and therefore does not clearly communicate the agency's posting practices to the public. As a result, at this time our recommendation to WHD remains open.

Recommendation: The Secretary of Labor should document internal policies and procedures for managing the IRA prohibited transaction exemption process. (Recommendation 1)

Agency: Department of Labor
Status: Open

Comments: DOL agreed with this recommendation and plans to create an internal procedure manual which will document the Office of Exemption Determinations' process for managing IRA prohibited transaction exemption applications. When we confirm what actions DOL has taken in response to this recommendation, we will provide updated information.

Recommendation: The Secretary of Labor, in consultation with the Commissioner of Internal Revenue, should establish a formal means, such as a memorandum of understanding or other mechanism, to support and guide DOL's and IRS's collaborative efforts to oversee IRA prohibited transaction exemptions. (Recommendation 2)

Agency: Department of Labor
Status: Open

Comments: DOL agreed with this recommendation and plans to periodically discuss all IRA exemption cases with IRS and did not elaborate on the formal means for this information sharing. IRS said that it has met with DOL to formalize collaboration on exemptions from prohibited transaction treatment in IRAs. DOL agreed to contact IRS within 25 days of DOL receiving an IRA prohibited transaction exemption application to determine if there are any Internal Revenue Code issues. To avoid any disclosure concerns, DOL will not identify the applicant at that time. This new process will be reflected in DOL's forthcoming internal procedure manual for the prohibited transaction exemption process.

Recommendation: The Secretary of the Department of Labor (Labor) should take action to meet the data center optimization metric targets established under DCOI by OMB. (Recommendation 16)

Agency: Department of Labor
Status: Open

Comments: The Department of Labor (Labor) is taking action to implement our recommendation. After the Office of Management and Budget (OMB) released the updated Data Center Optimization Initiative policy in June 2019, the department established new data center optimization targets. Subsequently, the department reported meeting its target for the server utilization metric. However, the department had not yet met its targets for the advanced energy metering and virtualization metrics. We will continue to monitor Labor's progress in implementing this recommendation.

Recommendation: The Secretary of Labor should ensure that the CIO of Labor updates the agency's guidance on assessing IT investments for suitability for cloud computing services to include a requirement to assess existing investments for these services. (Recommendation 20)

Agency: Department of Labor
Status: Open

Comments: The Department of Labor (Labor) concurred with our recommendation and stated that the department was taking steps to integrate a process for assessing investments for cloud computing suitability into its budgeting process. Specifically, in February 2020, Labor officials reported that the department was updating its policy to reflect a Cloud First policy that will ensure that all department investment migrations to cloud services are Cloud smart but did not identify a time frame when the policy would be finalized. We will continue to monitor Labor's progress on these efforts.

Recommendation: The Secretary of Labor should ensure that the CIO of Labor completes an assessment of all IT investments for suitability for migration to a cloud computing service, in accordance with OMB guidance. (Recommendation 21)

Agency: Department of Labor
Status: Open

Comments: The Department of Labor (Labor) concurred with our recommendation and stated that the department planned to undertake a full review of data center-based applications for cloud suitability. Specifically, in February 2020, Labor officials reported that the department had created an Engineering Review Board in October 2019 to review proposed IT investments to ensure compliance with the department's cloud architecture, but did not provide a time frame for when all assessments of investments would be completed. We will continue to monitor Labor's progress on these efforts.

Recommendation: The Secretary of Labor should ensure that the CIO of Labor establishes a consistent and repeatable mechanism to track savings and cost avoidances from the migration and deployment of cloud services. (Recommendation 22)

Agency: Department of Labor
Status: Open

Comments: The Department of Labor (Labor) concurred with our recommendation and stated that it planned to develop a mechanism to track savings to implement this recommendation. Specifically, in February 2020, Labor officials reported that the department was implementing a tool called Cloudchekr for tracking costs associated with cloud services that would also track related savings and cost avoidances, but no timeframe was provided for when the tool would consistently capture all savings from these efforts. We will continue to monitor Labor's progress on these efforts.

Recommendation: The Secretary of DOL should develop and publish a multi-year strategic research plan for evaluation of its employment and training programs that includes assessing the completeness and results of efforts to coordinate among E&T programs to address overlap and fragmentation. In developing this plan, DOL should also consult with other federal agencies and key stakeholders on ways to address gaps in information on how multiple programs are serving the employment and training needs of specific populations, such as Native Americans, youth, and refugees. (Recommendation 1)

Agency: Department of Labor
Status: Open

Comments: DOL agreed with this recommendation. The agency noted that it actively plans and makes public the research and evaluation topics for these evaluations, but it did not identify a timeline or measures it would take to augment these basic steps. DOL also stated that it will consult with stakeholders regarding the employment and training needs of specific populations. We will consider closing this recommendation when DOL completes these efforts.

Recommendation: To better identify the incidence and amount of loan offsets in 401(k) plans nationwide, we recommend that the Secretary of Labor direct the Assistant Secretary for the Employee Benefits Security Administration, in coordination with IRS, to revise the Form 5500 to require plan sponsors to report qualified plan loan offsets as a separate line item distinct from other types of distributions. (Recommendation 1)

Agency: Department of Labor
Status: Open

Comments: DOL neither agreed nor disagreed with this recommendation. The agency said it would consider the recommendation as part of its overall evaluation of the Form 5500. IRS said it would work with DOL as it responds to this recommendation.

Recommendation: The Secretary of Labor should direct its subagencies, other than ETA, to design and implement a process to manage and administer grantees' compliance with the Stevens Amendment, including determining to what extent to provide guidance to grantees on calculations. (Recommendation 1)

Agency: Department of Labor
Status: Open

Comments: In responding to the report, DOL stated that it concurs with the recommendation. DOL's subagency, OSHA, provided written comments and stated that it generally agreed with GAO's recommendation. On March 3, 2020, DOL staff said the agency will provide an update to its response to this recommendation, along with responses to open recommendations from other GAO reports, in several months.

Recommendation: The Secretary of Labor should collaborate with the Secretary of Transportation to continue to convene key groups of stakeholders to gather information on potential workforce changes that may result from automated trucking as the technology evolves, including analyzing needed skills and identifying any information or data gaps, to allow the agencies to fully consider how to respond to any changes. These stakeholders could include, for example, representatives of other relevant federal agencies, technology developers, the trucking industry, organizations that represent truck drivers, truck driver training schools, state workforce agencies, and local workforce development boards. (Recommendation 1)

Agency: Department of Labor
Status: Open

Comments: DOL agreed with this recommendation. The agency noted several efforts that it said will help the agency assess and provide information on the potential workforce effects of evolving technologies, such as automated trucking. For example, DOL noted that the agency's employment projections incorporate expert interviews and other information to identify shifts in industry employment. DOL is also currently consulting with DOT to study these workforce effects, and agreed to consider what other information and stakeholder meetings remain necessary after that study-due in March 2019-is completed. Likewise, DOL agreed to share related information as the technology evolves, and the agency noted it currently publishes employment projections and other occupational information. While useful, these efforts alone will not allow DOL to sufficiently anticipate the future workforce effects of automated trucking. For instance, the broad employment projections do not provide estimates specifically for the long-haul truck drivers who could be affected by automated trucking first. Further, DOL's occupational information is based on surveys of current workers, so it does not include the skills future drivers will need as automated trucking evolves. Therefore, we continue to believe that convening stakeholders and sharing information about potential workforce effects in the future will position DOL to better understand and inform key stakeholders of these changes.

Recommendation: The Secretary of Labor should consult with the Secretary of Transportation to share information with key stakeholders on the potential effects of automated trucking on the workforce as the technology evolves. These stakeholders could include, for example, representatives of other relevant federal agencies, technology developers, the trucking industry, organizations that represent truck drivers, truck driver training schools, state workforce agencies, and local workforce development boards. (Recommendation 4)

Agency: Department of Labor
Status: Open

Comments: DOL agreed with this recommendation. The agency noted several efforts that it said will help the agency assess and provide information on the potential workforce effects of evolving technologies, such as automated trucking. For example, DOL noted that the agency's employment projections incorporate expert interviews and other information to identify shifts in industry employment. DOL is also currently consulting with DOT to study these workforce effects, and agreed to consider what other information and stakeholder meetings remain necessary after that study-due in March 2019-is completed. Likewise, DOL agreed to share related information as the technology evolves, and the agency noted it currently publishes employment projections and other occupational information. While useful, these efforts alone will not allow DOL to sufficiently anticipate the future workforce effects of automated trucking. For instance, the broad employment projections do not provide estimates specifically for the long-haul truck drivers who could be affected by automated trucking first. Further, DOL's occupational information is based on surveys of current workers, so it does not include the skills future drivers will need as automated trucking evolves. Therefore, we continue to believe that convening stakeholders and sharing information about potential workforce effects in the future will position DOL to better understand and inform key stakeholders of these changes.

Recommendation: The Secretary of Labor should direct the Bureau of Labor Statistics (BLS) and the Employment and Training Administration (ETA) to develop ways to use existing or new data collection efforts to identify and systematically track the workforce effects of advanced technologies. For example, the Secretary could select any of the following possibilities, or could identify others.
• BLS could expand existing worker or firm surveys to ask respondents whether advanced technologies have resulted in worker displacements, work hour reductions, or substantial adjustments to work tasks.
• BLS could expand its employment projections work to regularly identify occupations projected to change over time due to advanced technologies.
• ETA could expand the O*NET data system to identify changes to skills, tasks, and tools associated with occupations, as the information is updated on its rotational basis, and consider how this could be used to track the spread of advanced technologies.
(Recommendation 1)

Agency: Department of Labor
Status: Open
Priority recommendation

Comments: DOL agreed with this recommendation. DOL stated that it will continue coordinating with the Census Bureau on research activities in this area, and plans to identify and recommend data collection options to fill gaps in existing information about how the workplace is affected by new technologies, automation, and AI. In February 2020, DOL's Bureau of Labor Statistics (BLS) issued a public report evaluating data gaps and providing recommendations for data collection options. In June 2020, DOL reported that BLS plans to host a seminar to discuss the report findings and potential pilot data collection options. DOL also plans to release its first annual employment projections data in September 2020 (previously released every 2 years). In addition, DOL reported that the Employment and Training Administration has undertaken three research efforts, which are still underway, to test ways to analyze O*NET data elements for their potential to track changes in occupations over time and to flag areas for further study on the workforce effects of automation. This recommendation will be implemented when DOL completes more of its activities.

Recommendation: The Assistant Secretary of Labor for Occupational Safety and Health should explore the feasibility of requiring a corporate identification number in its inspection database and enabling its website to be searched by that number. This should include exploring the following issues: (1) which corporate identification number would be most appropriate to require; (2) options for obtaining this number from employers; and (3) options for entering this number in its database that would prevent or minimize delays in closing inspection records. (Recommendation 1)

Agency: Department of Labor: Occupational Safety and Health Administration
Status: Open

Comments: OSHA did not state whether it agreed with this recommendation. The agency acknowledged the potential utility of obtaining a unique identifier from each employer and said it will continue to promote the collection of Employer Identification Numbers (EIN) or Tax Identification Numbers (TIN) whenever possible by issuing a revised memorandum to field staff to reinforce the importance of collecting this information. OSHA stated that it does not view EINs as confidential or protected from disclosure. However, it expressed concerns about protecting TINs and Social Security Numbers from disclosure, and noted that it would not be able to make a data field available for public search if it contained either of these numbers. OSHA also raised concerns about the financial cost associated with redesigning the agency's data system. We encourage OSHA to explore options for addressing these concerns as it further considers how to implement this recommendation.

Recommendation: The Secretary of Labor should specify the circumstances, if any, under which uncashed distribution checks from active plans can be transferred to the states. (Recommendation 3)

Agency: Department of Labor
Status: Open

Comments: DOL neither agreed nor disagreed with this recommendation. However, DOL stated it plans to continue to evaluate whether there are circumstances in which the transfer of uncashed distribution checks from an ongoing plan to the states advances the goal of reuniting missing participants with their savings, which is consistent with this recommendation. We commend DOL for recognizing the importance of this issue and will monitor the agency's efforts to address this recommendation.

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 Acting Commissioner of the Bureau of Labor Statistics should, upon completion of the pilot Household Survey of Occupational Injuries and Illnesses, evaluate the feasibility of measuring injuries and illnesses to certain worker populations--specifically, children aged 17 and under, child household workers, and those employed on farms with 10 or fewer workers--in any final survey scope, or determine a way to gather information on these populations. (Recommendation 1)

Agency: Department of Labor
Status: Open

Comments: BLS noted that it had completed the pilot Household Survey of Occupational Injuries and Illnesses (HSOII) in December of 2018 and stated that BLS will be analyzing the quality of the data in the second and third quarters of 2019 and publishing a report at the end of 2019. To evaluate the feasibility of measuring injuries and illnesses to workers under 18, BLS stated it will conduct a literature review on questionnaire design for respondents under age 18, and reviewing the evidence on the quality of data collected through proxy reporting, e.g. adults reporting on injuries/illnesses for their children. The agency also reported that it will issue an assessment of the suitability of the existing HSOII instrument to gather data on working children at the end of fiscal year 2019. We will consider closing this recommendation after receipt and review of this final assessment report.

Recommendation: The Administrator of the Wage and Hour Division should establish specific metrics and associated targets for child labor-related outreach in agriculture. (Recommendation 2)

Agency: Department of Labor
Status: Open

Comments: The agency agreed with this recommendation. The agency noted that it has existing performance measures that separately track the number of employer outreach events and the number of events involving child labor. The agency stated that, in response to GAO's recommendation, it will introduce a new measure in FY2020 that is specific to child labor-related outreach in the agricultural industry. The agency said that for the remainder of FY2019, the agency will develop the new measure, establish a baseline, and set an appropriate target for child labor-related outreach in the agricultural industry. The agency also said staff would be trained on the new measure in early 2020. We will close this recommendation once the agency institutes this new metric.

Recommendation: The Administrator of the Wage and Hour Division should develop performance metrics or other measures specific to its child labor enforcement approach, such as whether WHD investigations are conducted at establishments where children are likely to be working. (Recommendation 3)

Agency: Department of Labor
Status: Open

Comments: WHD agreed that it could develop either an internal performance metric or new planning guidance and reporting requirements to ensure that WHD's child labor enforcement efforts focus on industries, establishments, and time periods in which children are likely to be working or injured. Although planning guidance and reporting requirements can encourage field office staff to focus more on child labor, we believe it is important to include a measurement of WHD's overall child labor enforcement approach as part of any new planning guidance and reporting requirements. We will consider closing this recommendation when WHD develops such performance metrics.

Recommendation: The Administrator of the Wage and Hour Division and the Assistant Secretary of the Occupational Safety and Health Administration should update and routinely monitor the 1990 WHD and Occupational Safety and Health Administration memorandum of understanding and establish documented procedures for monitoring the exchange of and actions taken on referrals. (Recommendation 4)

Agency: Department of Labor
Status: Open

Comments: To implement this recommendation, WHD and OSHA have agreed to establish a working group by the second quarter of FY2019, which will aim to maximize efficient information sharing between the two agencies. Specifically, this working group will update the existing WHD-OSHA Memorandum of Understanding, assess the results of referrals between WHD and OSHA, and make recommendations regarding the need for data collection and review. We will close this recommendation when these efforts are complete and supporting documentation has been provided.

Recommendation: The Assistant Secretary of DOL's Employment and Training Administration should encourage local areas to clarify and document the roles and responsibilities of partner agencies in working with employers and provide sample language of how local areas may document roles and responsibilities in their MOUs. (Recommendation 6)

Agency: Department of Labor
Status: Open

Comments: DOL agreed with this recommendation, noting that local workforce boards and one-stop partners are in the best position to lead employer engagement, but that it will collaborate with federal partners in providing related technical assistance. In June 2019, DOL shared with GAO a local workforce area memorandum of understanding (MOU) that documents the workforce system partners' roles and responsibilities for engaging with employers. DOL has posted this MOU on its technical assistance web site, so it is available to other local workforce areas. However, in order to close the recommendation as implemented, GAO will need DOL to demonstrate that the agency has actively encouraged local workforce areas to document the roles and responsibilities of workforce partners--including the vocational rehabilitation program--for working with employers, through a Training and Employment Guidance Letter or other such guidance.

Recommendation: The Assistant Secretary of DOL's Employment and Training Administration should, in setting the employer performance measurement approaches with Education after the pilot is concluded, take into account VR agencies' concerns and key attributes of successful performance measures, including clarity in what is meant by employer services, coverage of the VR agencies' core program activities, and consideration of factors outside of VR agencies' control. (Recommendation 7)

Agency: Department of Labor
Status: Open

Comments: DOL agreed with this recommendation and said it will coordinate with Education to ensure state VR agencies' concerns are considered in defining the performance measure. In June 2019, DOL told us the two agencies expected to complete their evaluation of the pilot performance measures for effectiveness in serving employers by June 30, 2020, and then make a final decision about which measures to put in place. DOL also said the two federal agencies are working to consider VR agencies' concerns during this pilot, and have developed a crosswalk to identify appropriate VR services that count towards this measure. For GAO to close this recommendation as implemented, DOL will have to demonstrate that the finalized performance measures have taken into account VR agencies' concerns, including clarity in what is meant by employer services, coverage of the VR agencies' core program activities, and consideration of factors outside of VR agencies' control.

Recommendation: The Secretary of Labor should systematically collect sufficient information on state profiling systems, possibly through DOL's new UI state self-assessment process, to identify states at risk of poor profiling system performance. For instance, DOL could collect information on challenges states have experienced using and maintaining their profiling systems, planned changes to the systems, or state processes for assessing the systems' performance. (Recommendation 1)

Agency: Department of Labor
Status: Open

Comments: The Department of Labor agreed with this recommendation and said it would take action to address it. In June 2020, DOL reported that agency staff and a contractor had made significant progress in implementing plans to revise the self-assessment tool. First, staff and the contractor gathered feedback and recommendations for improvements to the tool through focus group sessions with states in each region. DOL also reported that the contractor has been developing revised questions for inclusion in the updated self-assessment tool. While agency work on the project was temporarily halted due to the agency's focus on issuing guidance and providing technical assistance to states concerning various new UI programs of the Coronavirus Aid, Relief, and Economic Security (CARES) Act (Pub. L. 116-136), officials said the contract has been extended to November 2020, and staff plan to resume work on the project soon. GAO will monitor the agency's progress and update the status of this recommendation, as appropriate.

Recommendation: The Secretary of Labor should develop a process to use information on state risks of poor profiling system performance to provide technical assistance to states that need to improve their systems. DOL may also wish to tailor its technical assistance based on state service delivery goals and technical capacity. (Recommendation 2)

Agency: Department of Labor
Status: Open

Comments: The Department of Labor agreed with this recommendation and said it would take action to address it. In June 2020, DOL said that it was committed to using the information collected by the new self-assessment tool to develop standard operating procedures for capturing and maintaining the profiling assessment tracking information. These activities are dependent on the revisions to the self-assessment tool discussed in DOL's update for recommendation 1. We will monitor the agency's progress and update this recommendation as appropriate.

Recommendation: The Secretary of Labor should update agency guidance to ensure that it clearly informs states about the range of allowable profiling approaches. (Recommendation 3)

Agency: Department of Labor
Status: Open

Comments: The Department of Labor agreed with this recommendation and committed to publishing an Unemployment Insurance Program Letter (UIPL) regarding the implementation and maintenance of acceptable state profiling systems. In June 2020, DOL reported that efforts to develop the UIPL had been delayed, due in part to the intersection of the Worker Profiling and Reemployment Services (WPRS) program and the now permanent Reemployment Services and Eligibility Assessments (RESEA) program. Agency officials said they remain committed to publishing the UIPL and noted that they were developing an analysis of statistical modeling approaches that states can consider using and providing a framework for a simplified and low-cost approach to testing these different modeling techniques using their own state data. While agency officials said they were not able to devote the needed time to completing the UIPL due to the impact of the COVID-19 pandemic on the UI program, officials said their goal was to publish the UIPL by the end of 2020. We will monitor the agency's progress in implementing this recommendation, and update its status, as appropriate.

Recommendation: The Assistant Secretary of DOL's Employment and Training Administration should provide states with information about its determination that the use of state formal warning policies is no longer permissible under federal law. (Recommendation 1)

Agency: Department of Labor
Status: Open
Priority recommendation

Comments: DOL agreed with this recommendation. The agency stated that it would take action to provide states with information about its determination that the use of state formal warning policies is no longer permissible under federal law. As of December 2019, DOL reported that it is developing new guidance that states can no longer use formal warnings. We will consider closing this recommendation when the agency completes this effort.

Recommendation: The Assistant Secretary of DOL's Employment and Training Administration should monitor states' efforts to discontinue the use of formal warning policies. (Recommendation 2)

Agency: Department of Labor
Status: Open

Comments: DOL agreed with this recommendation and stated that it would monitor states' efforts to discontinue the use of formal warning policies. In December 2019, DOL reported that it has been developing new guidance that more explicitly informs states that formal warning policies are not permissible. We will consider closing this recommendation when the agency completes this effort and monitors states' compliance with the guidance.

Recommendation: The Assistant Secretary of DOL's Employment and Training Administration should clarify information on work search verification requirements in its revised Benefit Accuracy Measurement procedures. The revised procedures should include an explanation of what DOL considers to be sufficient verification of claimants' work search activities. (Recommendation 3)

Agency: Department of Labor
Status: Open
Priority recommendation

Comments: DOL agreed with this recommendation and stated that it would clarify information on work search verification requirements in its revised Benefit Accuracy Measurement procedures. In December 2019, DOL reported that it is developing new guidance with instructions to clarify work search verification requirements. To fully implement this recommendation, DOL should finalize and publish these instructions on verifying claimants' work search activities and provide the clear directions to states.

Recommendation: The Assistant Secretary of DOL's Employment and Training Administration should monitor states' compliance with the clarified work search verification requirements. (Recommendation 4)

Agency: Department of Labor
Status: Open

Comments: DOL agreed with this recommendation and stated that it would monitor states' compliance with clarified work search verification requirements. In December 2019, DOL reported that it is working with the Office of Management and Budget on its draft work search guidance that will more explicitly inform states that formal warning policies are not permissible. We will close this recommendation when DOL publishes these instructions, providing states with clear directions, and monitors their compliance with the guidance.

Recommendation: The Secretary of Labor should ensure that the department's IT management policies address the role of the CIO for key responsibilities in the six areas we identified. (Recommendation 14)

Agency: Department of Labor
Status: Open

Comments: Labor has taken a number of steps in response to this recommendation. However, the agency's policies did not address the six key areas of responsibility for CIOs.

Recommendation: The Secretary of Labor, in cooperation with the Commerce's Census Bureau, should conduct a study on the feasibility of including Puerto Rico in its reporting of the Current Population Survey. (Recommendation 3)

Agency: Department of Labor
Status: Open

Comments: DOL noted that in 2016, Census and its Bureau of Labor Statistics (BLS) estimated that an assessment of the feasibility of expanding the Current Population Survey (CPS) data products to include Puerto Rico would cost approximately $1.5 million over an 18-month period (as of June 2018). BLS, which funds the majority of the CPS, does not have the funds within its budget to conduct a feasibility study. Given these resources constraints, BLS and Census would also not be able to absorb the costs of collecting, analyzing and producing the data in the out years. In June 2019, BLS reported that it is in contact with the Census Bureau with respect to the related feasibility study required per House Report 115-704. We will close this recommendation when BLS begins this study.

Recommendation: The Assistant Secretary of Labor for the Employee Benefits Security Administration (EBSA) should clarify whether an Employee Retirement Income Security Act of 1974 plan may incorporate material ESG factors into the investment management for a qualified default investment alternative (QDIA). (Recommendation 1)

Agency: Department of Labor
Status: Open

Comments: DOL neither agreed nor disagreed with this recommendation. On April 23, 2018, while DOL was reviewing our report, the agency issued Field Assistance Bulletin 2018-01 regarding retirement plans' use of ESG factors. While this new bulletin specifically mentions the use of ESG factors in a QDIA and reiterates the conditions under which an investment option may generally be considered a QDIA, it focuses on the use of ESG factors for collateral benefits rather than on cases where ESG factors are considered in investment decisions because they have been determined by fiduciaries to be material to financial performance. For example, the new field assistance bulletin states that the QDIA regulations do not suggest that fiduciaries should select a QDIA based on collateral public policy goals. ESG factors can be used to address material risks, which might otherwise be ignored, and there is interest in considering such factors within a QDIA. The use of ESG factors in this manner can be distinct from pursuing collateral public policy goals. Additional clarification from DOL that explicitly addresses plans' use of financially material ESG factors in investment options designated as a QDIA could enhance the agency's effectiveness in assisting plan fiduciaries with understanding and fulfilling their obligations under ERISA. In June 2019, DOL stated that it would be appropriate to engage with stakeholders before reaching any conclusions about the necessity or appropriateness of issuing further guidance in this area. Additional information about DOL's efforts to engage with stakeholders, including the outcome of such efforts and rationale for any conclusions reached would help determine the effectiveness of the agency's actions.

Recommendation: The Assistant Secretary of Labor for EBSA should provide further information to assist fiduciaries in investment management involving ESG factors, including how to evaluate available options, such as questions to ask or items to consider. (Recommendation 2)

Agency: Department of Labor
Status: Open

Comments: DOL neither agreed nor disagreed with this recommendation. GAO believes that while DOL's new field assistance bulletin provides information on the limitations of using ESG factors for pursuing collateral benefits, additional clarifying information could help sponsors conduct due diligence in considering whether ESG factors are material to an investment's financial performance and, if so, how to address those material risks. DOL's written comments recognize that additional clarification could be appropriate, depending on responses to the new field assistance bulletin from the public. We appreciate the consideration of the need for additional information, particularly as some have noted the new field assistance bulletin could create a chilling effect that leads fiduciaries to avoid considering ESG factors that could address material risks in their investments, to the detriment of plan participants' best interests. In June 2019, DOL stated that it would be appropriate to engage with stakeholders before reaching any conclusions about the necessity or appropriateness of issuing further guidance in this area. DOL further stated that the agency added a new project to the Spring 2019 regulatory agenda related to proxy voting. Additional information about DOL's new project on proxy voting and efforts to engage with stakeholders, including the outcome of such efforts and rationale for any conclusions reached, would help determine the effectiveness of the agency's actions.

Recommendation: The Secretary of Labor should issue guidance on the obligations under the Employee Retirement Income Security Act of 1974 of sponsors of ongoing plans to prevent, search for, and pay costs associated with locating missing participants. (Recommendation 1)

Agency: Department of Labor
Status: Open

Comments: Labor agreed with this recommendation. In June 2019, the Department reported that it engaged with a range of stakeholders on issues surrounding missing and unresponsive participants, including representatives of plans, employers, financial services groups, consumer groups, and state unclaimed property funds. Their goal is to help plans locate and pay retirement benefits to missing participants and beneficiaries; they will evaluate constructive guidance to issue. There is no specific timeline for next steps regarding subregulatory guidance or regulatory proposals. GAO will monitor the agency's progress in implementing this recommendation.

Recommendation: The Director of OFCCP should analyze internal process data from closed evaluations to better understand the cause of delays that occur during compliance evaluations and make changes accordingly. (Recommendation 2)

Agency: Department of Labor: Office of Federal Contract Compliance Programs
Status: Open

Comments: In June 2019, OFCCP officials reported that OFCCP's procedures outlined in the Active Case Enforcement Directive (DIR 2011-01) caused delays in case closures, but OFCCP did not indicate that this conclusion resulted from the recommended analysis of internal process data from closed evaluations. OFCCP officials reported that the agency's aged case rate-defined as a case which is open for more than 730 days and has not been referred for further enforcement-has dropped from 27.7 percent in fiscal year 2017 to 20.9 percent in fiscal year 2019. However, it did not report on changes in case outcomes. In September 2019, OFCCP officials told us they continue to look for ways to address delays with effective policies that make the agency more efficient. We maintain that OFCCP should determine the root causes of delays based on data analysis of actual evaluations to demonstrate that its policy changes are accurately targeting the causes of these delays.

Recommendation: The Director of OFCCP should assess the quality of the methods used by OFCCP to incorporate consideration of disparities by industry into its process for selecting contractor establishments for compliance evaluation. It should use the results of this assessment in finalizing its procedures for identifying contractor establishments at greatest risk of noncompliance. (Recommendation 4)

Agency: Department of Labor: Office of Federal Contract Compliance Programs
Status: Open

Comments: In its agency response to our November 2017 report, OFCCP officials reported that the agency was exploring the use of U.S. Census Bureau and administrative data to refine its selection process to focus on industries with a greater likelihood of noncompliance. In January 2019, DOL officials reported that DOL had revised its scheduling methodology to include industries with the highest rates of violations. OFCCP published the scheduling list in March 2019 and its field offices started scheduling cases in May 2019. OFCCP stated it will continue to monitor results from this revised scheduling methodology to determine its effectiveness. It will be important for OFCCP to refine these methods based on its experiences with them. This new process is a step toward focusing efforts on industries at greater risk of potential noncompliance with nondiscrimination or affirmative action requirements. We will consider closing this recommendation when these efforts are complete.

Recommendation: The Director of OFCCP should evaluate the current approach used for identifying entities for compliance review and determine whether modifications are needed to reflect current workplace structures and locations or to ensure that subcontractors are included. (Recommendation 5)

Agency: Department of Labor: Office of Federal Contract Compliance Programs
Status: Open

Comments: In fiscal year 2019, OFCCP evaluated its current approach for identifying subcontractors for review. OFCCP stated that the current approach does not reliably include subcontractors in the pool from which contractors are scheduled because there is no government or public database that captures the complete universe of subcontractors and other important data. In June 2019, OFCCP submitted revisions to its process to the Office of Management and Budget (OMB) for approval. We will consider closing this recommendation when these efforts are complete.

Recommendation: The Director of OFCCP should evaluate the Functional Affirmative Action Program to assess its usefulness as an effective alternative to an establishment-based program, and determine what improvements, if any, could be made to better encourage contractor participation. (Recommendation 6)

Agency: Department of Labor: Office of Federal Contract Compliance Programs
Status: Open

Comments: OFCCP has taken steps to encourage contractors to use the FAAP program without fully evaluating it as an alternative to the establishment-based program. Evaluating the FAAP could help OFCCP improve its ability to achieve its objectives and may provide broader insight for OFCCP's overall enforcement approach. We will consider closing this recommendation when these efforts are complete.

Recommendation: The Assistant Secretary of Labor for Occupational Safety and Health should take additional steps to encourage workers to disclose sensitive concerns during OSHA inspections of meat and poultry plants; for example, by considering additional off-site interviews or exploring other options to obtain information anonymously. (Recommendation 1)

Agency: Department of Labor: Occupational Safety and Health Administration
Status: Open

Comments: OSHA stated that it agrees that workers should be able to report injuries, illnesses, and hazards free of intimidation. OSHA noted that its Field Operations Manual prescribes procedures for facilitating the free and open exchange of information, such as conducting onsite worker interviews without management present. OSHA further stated that when workers indicate interest in offsite interviews, the agency will conduct those interviews as prescribed by the Field Operations Manual. We note in our report that because inspectors inform plant management which workers they want to speak with, supervisors know the identity of workers interviewed onsite. Workers and worker advocates we spoke with expressed concerns about this. OSHA told us that inspectors interview meat and poultry workers offsite infrequently, since these interviews can be challenging and take additional time, and OSHA also may be challenged to find an acceptable venue when the employee is available. In June 2020, DOL informed us that OSHA had signed an alliance with several meat and poultry-related industry associations and that they expect this alliance to help improve overall safety and health for the industry's workers. We continue to believe that there are additional steps OSHA can take to better encourage workers to disclose sensitive concerns, and we look forward to learning how OSHA will draw upon this alliance to help take these steps.

Recommendation: The Assistant Secretary of Labor for Occupational Safety and Health should gather more information, such as by asking workers during meat and poultry plant inspections, to determine the extent to which bathroom access is a problem and how to address any identified issues. (Recommendation 2)

Agency: Department of Labor: Occupational Safety and Health Administration
Status: Open

Comments: OSHA stated that meat and poultry workers should have bathroom access as prescribed by the agency's regulations. They noted that if it is observed that processes indicate lack of bathroom access, or if a worker indicates there is an issue, the agency will investigate. Our report identified a mismatch between the concerns we heard from workers about lack of bathroom access and the problems reported by OSHA. We also reported that workers may not volunteer information about lack of bathroom access unless specifically asked. OSHA may choose to address this issue without routinely asking workers about bathroom access, such as by selectively querying workers based on criteria determined by the agency. In June 2020, DOL informed us that OSHA had signed a national alliance with several meat and poultry-related industry associations, and that bathroom access is one of the topics that will be addressed within this alliance, with a goal of developing educational materials. We note that this is a positive step forward, and we continue to stand by our recommendation.

Recommendation: The Assistant Secretary of Labor for Occupational Safety and Health should update its guidance for employers on how to manage their health units to address the challenges of managing these units. (Recommendation 3)

Agency: Department of Labor: Occupational Safety and Health Administration
Status: Open

Comments: In June 2020, DOL informed us that OSHA continues work on updating its guidance for employers on how to manage their health units to address the challenges of managing these units, and that OSHA anticipates initiating clearance of the draft updated guidance in fall 2020. We will consider closing this recommendation when this effort is complete.

Recommendation: The Assistant Secretary of Labor for Occupational Safety and Health should work with FSIS to assess the implementation of the MOU and make any needed changes to ensure improved collaboration; and set specific timeframes for periodic evaluations of the MOU. (Recommendation 4)

Agency: Department of Labor: Occupational Safety and Health Administration
Status: Open
Priority recommendation

Comments: In February 2020, OSHA reported that OSHA and FSIS drafted an updated MOU, which both parties are reviewing. The two agencies met in Summer 2019 to discuss workplace safety, collaboration between the two agencies, and the implementation of the MOU. During a series of working meetings, they discussed each aspect of the MOU, including training and coordination activities. FSIS and OSHA will continue to meet routinely and review the MOU to determine whether adjustments are needed, as appropriate. We will consider closing this recommendation when this effort is complete.

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

Agency: Department of Labor
Status: Open

Comments: Department of Labor (DOL) officials stated that the agency is in the process of developing an inventory of its telecommunications assets and services that are associated with GSA's expiring contracts (e.g., Networx). The officials noted that, as part of the department's transition to EIS, DOL plans to include only limited non-GSA/commercial telecommunications assets and services in its initial transition efforts and inventory. The officials further stated that DOL will not focus on these non-GSA/commercial assets and services until the department completes its transition of assets and services associated with GSA's expiring contracts. We will continue to monitor the department's efforts to develop a complete telecommunications inventory, including assets and services associated with both GSA and non-GSA/commercial contracts, and associated maintenance processes for this inventory.

Recommendation: The Secretary of Labor should ensure that the Department's Chief Information Officer identifies the agency's future telecommunications needs, completes a strategic analysis of the agency's telecommunications requirements, and incorporates the requirements into transition planning. (Recommendation 8)

Agency: Department of Labor
Status: Open

Comments: The Department of Labor (DOL) provided documentation demonstrating that it has identified certain future telecommunications needs for the department, but DOL did not identify these needs using a complete inventory of its current telecommunications assets and services. In addition, the department demonstrated that it had completed a draft strategic analysis of its telecommunications requirements, but this analysis was not yet finalized and approved. Further, the department has not yet demonstrated that it has aligned its identified telecommunications needs with its long-term plans and enterprise architecture. We will continue to monitor DOT's efforts to implement this recommendation.

Recommendation: The Secretary of Labor should ensure that the Department's Chief Information Officer identifies transition-related roles and responsibilities related to the management of assets, human capital, and information security, and legal expertise; develops a transition communications plan; and uses project, configuration, and change-management processes in DOL's transition (Recommendation 9)

Agency: Department of Labor
Status: Open

Comments: Department of Labor (DOL) officials stated that the department is in the process of selecting a project manager to develop the Transition Project Plan and other supporting documentation for the transition, including a communications plan. DOL expects to develop this documentation around March 2020. We will continue to monitor the department's progress on these efforts.

Recommendation: The Secretary of Labor should ensure that the Department's Chief Information Officer identifies the resources needed for the full transition, develops justifications for the costs of changes to hardware and software, identifies staff resources needed for the remainder of the transition, and analyzes training needs for staff assisting with the transition. (Recommendation 10)

Agency: Department of Labor
Status: Open

Comments: Department of Labor (DOL) officials stated that the department is in the process of selecting a project manager to develop the Transition Project Plan and other documentation that would address this recommendation. The officials expect to develop this documentation around March 2020. We will continue to monitor the department's efforts to implement this recommendation.

Recommendation: The Secretary of Labor should ensure that the Department's Chief Information Officer identifies transition risks related to information security, critical systems, and continuity of operations, and identifies mission-critical priorities in DOL's transition timeline. (Recommendation 11)

Agency: Department of Labor
Status: Open

Comments: Department of Labor (DOL) officials stated that the department is in the process of selecting a project manager to develop the Transition Project Plan and other documentation that would address this recommendation. The officials expect to develop this documentation around March 2020. We will continue to monitor the department's efforts to implement this recommendation.

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

Agency: Department of Labor
Status: Open

Comments: In June 2020, the Department of Labor (DOL) reported additional efforts by member federal agencies of the Federal Partners in Transition (FPT) to collaborate to make progress towards meeting the policy priorities outlined in the 2020 Federal Youth Transition Plan. In addition, DOL has reported that it has formalized and assigned certain FPT roles and responsibilities, is currently evaluating the 2020 plan priorities, is developing a charter to further define FPT milestones and federal agency roles and responsibilities, and will update the Office of Disability Employment Policy (ODEP) website to highlight FPT milestones and timelines. We are encouraged by this additional progress and anticipate we will close the recommendation once DOL provides the approved charter and updates the ODEP website as specified.

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

Agency: Department of Labor
Status: Open

Comments: In a letter to GAO dated May 26, 2017, the Department of Labor stated that the department currently offers interactive manager/supervisor telework training to all supervisors, the completion of which is documented in the manager and supervisor training records. However, officials said this training was strongly encouraged but not required. In fiscal year 2019, telework training was added as a mandatory course for all managers and supervisors, the completion of which is documented in manager and supervisor training records and reported to departmental leadership. As of August 2020, the Department of Labor was developing and testing a telework tracking application system that will require and document completion of manager/supervisor telework training through the Department's internal learning development system before a supervisor can use the system to approve telework agreements. The Department of Labor anticipates the system will be ready for implementation in FY 2021. We will continue to follow up with the Department of Labor on this and will provide an update when available.

Recommendation: To help ensure that telework agreements accurately reflect telework participation, and to further ensure the accuracy of telework data reported internally and externally, the Secretary of the Department of Labor, the Administrator of the General Services Administration, and the Chair of the Securities and Exchange Commission should require documentation of regular or periodic reviews of all telework agreements in agency telework policies.

Agency: Department of Labor
Status: Open

Comments: In a letter to GAO dated May 26, 2017, the Department of Labor stated that the current policy requires supervisors to conduct an annual review of telework agreements to ensure the arrangement is current and the needs of the agency are being met. In October 2019, Department of Labor officials stated the department is revising its telework processes to include a defined procedure for managers/supervisors to document and report the annual reviews. As of August 2020, the Department of Labor was developing and testing a telework tracking application system that will require and document annual telework agreement recertification for all telework program participants and their supervisors to ensure a regular review of telework agreements. The Department of Labor anticipates the system will be ready for implementation in FY 2021. When we confirm that Labor has fully completed these actions, we will provide updated information.

Recommendation: To improve the accuracy of telework data transmitted to OPM, the Secretary of the Department of Labor should direct the Chief Human Capital Officer to work with the Telework Managing Officer to develop and implement a plan to modernize Labor's telework agreement tracking system to enable more timely access to accurate telework data.

Agency: Department of Labor
Status: Open

Comments: In a letter to GAO dated May 26, 2017, the Department of Labor stated that it will benchmark best practices used by other federal agencies to explore options for utilizing its existing telework agreement tracking system to facilitate more timely access to telework agreement data. As of October 2019, Labor is developing a telework tracking application to improve access to telework data and the quality of telework data reported by its agencies. It is projected this tracking application will be launched as part of a broader internal web-based collaborative platform in FY 2021. When we confirm that Labor has fully completed these actions, we will provide updated information.

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

Agency: Department of Labor
Status: Open

Comments: As of June 2020, the Department of Labor (DOL) was considering delaying regulatory action to improve disclosures, to direct its regulatory resources elsewhere. The agency noted however, that it may reopen for further comment a Request for Information posted in 2019, which sought public input on actions that could make retirement plan disclosures more understandable and useful for participants and beneficiaries, among other things. Such actions may include revising standards for the summary plan description, which our report found can contain obsolete and confusing information concerning eligibility and vesting. We continue to encourage the agency to include eligibility and vesting among topics considered for clarification in its future regulatory work and, in the meantime, to consider using sub-regulatory guidance to help plan sponsors better communicate these critical policies.

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

Agency: Department of Labor
Status: Open

Comments: We reported that the Department of Labor did not meet one software application inventory practice, and partially met three practices. Specifically, we reported that the department did not meet the practice to ensure that the inventory is regularly updated with quality controls to ensure reliability, and partially met the practices to (1) include business and enterprise IT systems, (2) include systems from all organizational components, and (3) specify basic application attributes. In March 2018, department officials provided an updated inventory, which included business and enterprise IT systems from all organizational components, and specified basic attributes, including the name, owner, and business function. In addition, officials stated that they plan to update the inventory on a periodic basis as necessary, at minimum annually, as part of the department's IT budgeting process. Further, in June 2019, officials reported that the department performs biannual reviews of all IT investments and associated systems and applications to verify reported data. The officials also reported that the department uses quality control processes and procedures to ensure consistent, standard, and complete reporting to align with all investment artifacts. However, the department did not provide evidence of these data quality efforts. In June 2019, officials also reported that the department is implementing a new system in order to maintain an ongoing comprehensive inventory of all IT assets, including applications, which it expects to have fully operational by the end of the second quarter of fiscal year 2020. We will continue to monitor the department's efforts.

Recommendation: To improve federal agencies' efforts to rationalize their portfolio of applications, the Secretaries of Defense, Homeland Security, the Interior, and Labor; and the Director of the National Science Foundation should direct the CIOs and other responsible officials to modify existing investment management processes to address applications more completely. Specifically, the Secretary of Labor should direct the department's CIO to consider a segmented approach to further rationalize and identify a function for which it would modify existing processes to collect and review application-specific cost, technical, and business value information.

Agency: Department of Labor
Status: Open

Comments: In February 2017, department officials stated that the department's portfolio of IT investments, which includes the systems, sub-systems, and applications in the IT asset inventory, are rationalized bi-annually as part of the Office of the Chief Information Officer's IT Capital Planning and Investment Control (CPIC) review processes. Further, officials stated that the systems and applications were also being rationalized as part of the process for updating the IT asset inventory. Officials stated that the department plans to review and update the department's CPIC guide to describe the IT asset inventory management process including the basic quality controls. In July 2019, officials reported that the department plans to have the updated guide completed by the end of fiscal year 2019. However, as of January 2020, the department had not provided documentation supporting these efforts. We plan to follow-up with the department to obtain documentation of its efforts to address the recommendation.

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

Agency: Department of Labor
Status: Open

Comments: In 2018, in consultation with technical experts, DOL revised its scheduling list methodology to address this recommendation. The agency's new scheduling approach aims to strike an appropriate balance for addressing recidivism and noncompliance. The new scheduling list methodology, deployed in FY 2019, examined closed cases for FY 2014 through 2018 and grouped them by industries using the 2-digit NAICS code. Within each year, OFCCP identified cases that closed with discrimination findings and included a conciliation agreement to make the victims whole. The percentage of cases with discrimination findings over the total number of cases closed for that year was computed for each industry. This process was repeated for each of the five fiscal years and identified Agriculture, Manufacturing, and Wholesale Trade as three industries with the highest rate of discrimination violations. One-third of 3,500 establishments on the fiscal 2019 scheduling list were selected from these three industries; the remainder of the list included establishments from other industries. Field offices began scheduling from this list in May 2019 and continue to do so. OFCCP will evaluate the efficacy of this methodology once all establishments on the list are scheduled and resulting cases are closed. The agency has made significant effort to revise its scheduling list methodology to reflect potential risk of noncompliance. However, the methodology relies on the results of prior scheduling lists that were nonrandom and did not produce a generalize sample of contractors. Consequently, the results of those scheduling lists do not allow OFCCP to draw accurate conclusions about noncompliance risk. While DOL has made considerable efforts to implement this recommendation, the process described does not necessarily identify those contractors with the greatest risk of not following equal employment opportunity and affirmative action requirements.

Recommendation: To ensure that federal contractors are complying with equal employment opportunity requirements, the Secretary of Labor should direct the Director of OFCCP to develop a mechanism to monitor AAPs from covered federal contractors on a regular basis. Such a mechanism could include electronically collecting AAPs and contractor certification of annual updates.

Agency: Department of Labor
Status: Open
Priority recommendation

Comments: Since 2018, OFCCP issued Directive 2018-07, AAP Verification Initiative, publicly committing to a comprehensive program to verify that federal contractors are complying with AAP obligations on a yearly basis. The program included development of an online portal whereby contractors would certify on a yearly basis compliance with AAP requirements; inclusion of a criterion in the neutral scheduling methodology increasing the likelihood of compliance reviews for contractors that have not certified compliance with the AAP requirements; compliance checks to verify contractor compliance with AAP requirements; requesting proffer of the AAP by contractors when requesting extensions of time to provide support data in response to a scheduling letter; and development of information technology to collect and facilitate review of AAPs provided by federal contractors. OFCCP senior leadership initiated a public campaign by emphasizing AAP certification as an agency priority in meetings with contractors and other external stakeholders. In addition, OFCCP also changed its criteria for granting extensions of time for the submission of support data in response to a scheduling letter and made it contingent upon timely submission of an AAP, within 30 days of receiving the scheduling letter. OFCCP reflected this change in an FAQ on its website. The Task Order to develop the portal expired on September 30, 2019 without fully completing the project. A new contract was awarded in September 2019 to continue this work and delivery of the completed portal is anticipated in the third quarter of fiscal year 2020. Concurrently, OFCCP anticipates obtaining approval from the Office of Management and Budget to collect annual certifications using this portal. When launched, the portal will allow all contractors to certify annually that they have developed and maintain compliant AAPs for each of their establishments or functional/business units. Those contractors who fail to certify, or who certify that they do not have compliant AAPs for each of their establishments or business/functional units, will be more likely to be scheduled for compliance evaluations. Further, OFCCP anticipates having contractors that are scheduled for compliance evaluations use the portal to submit their AAPs for review. While the agency has made considerable efforts to implement this recommendation, the processes described have not been fully implemented. Once implemented, GAO will close the recommendation.

Recommendation: To guide fiduciaries as they consider how the account balances of their participants will translate into financial security in retirement, DOL should modify its Meeting Your Fiduciary Responsibilities publication or issue new guidance to encourage plan sponsors to use a record keeper that includes annuities from multiple providers on their record keeping platform.

Agency: Department of Labor
Status: Open

Comments: DOL stated that it reviewed its publications to explore ways to encourage use of products and arrangements designed to provide participants and beneficiaries a lifetime income stream after retirement, and it is working on ways to build on them to better educate participants and plan sponsors about the need to think of making retirement savings last throughout retirement. The agency noted that its Spring 2018 regulatory agenda continues to classify the relevant project as a long-term action and there has been no change or additional action since then.

Recommendation: To guide fiduciaries as they consider how the account balances of their participants will translate into financial security in retirement, DOL should modify its Meeting Your Fiduciary Responsibilities publication or issue new guidance to encourage plan sponsors to offer participants the option to partially annuitize their account balance by allowing them the ability to purchase the amount of guaranteed lifetime income most appropriate for them.

Agency: Department of Labor
Status: Open

Comments: In 2019, DOL stated that it reviewed its publications to explore ways to encourage use of products and arrangements designed to provide participants and beneficiaries a lifetime income stream after retirement, and it is working on ways to build on them to better educate participants and plan sponsors about the need to think of making retirement savings last throughout retirement. In 2020, the agency reviewed "Meeting Your Fiduciary Responsibilities" in light of this recommendation. It is updating this publication to, among other things, implement lifetime income provisions in the Setting Every Community Up for Retirement Enhancement (SECURE) Act. We await further progress by the agency.

Recommendation: To guide fiduciaries as they consider how the account balances of their participants will translate into financial security in retirement, DOL should modify its Meeting Your Fiduciary Responsibilities publication or issue new guidance to encourage plan sponsors to include participant access to advice on the plan's lifetime income options from an expert in retirement income strategies.

Agency: Department of Labor
Status: Open

Comments: DOL stated that it reviewed its publications to explore ways to encourage use of products and arrangements designed to provide participants and beneficiaries a lifetime income stream after retirement, and it is working on ways to build on them to better educate participants and plan sponsors about the need to think of making retirement savings last throughout retirement. In 2019, the agency noted that its Spring 2019 regulatory agenda continues to classify the relevant project as a long-term action.

Recommendation: To guide fiduciaries as they consider how the account balances of their participants will translate into financial security in retirement, DOL should modify its Meeting Your Fiduciary Responsibilities publication or issue new guidance to encourage plan sponsors to consider providing RMD-based default income-plan distributions as a default stream of lifetime income based on the RMD methodology-beginning, unless they opt-out, when retirement-age participants separate from employment, rather than after age 70½.

Agency: Department of Labor
Status: Open

Comments: DOL stated that it reviewed its publications to explore ways to encourage use of products and arrangements designed to provide participants and beneficiaries a lifetime income stream after retirement, and it is working on ways to build on them to better educate participants and plan sponsors about the need to think of making retirement savings last throughout retirement. In 2019, the agency noted that its Spring 2019 regulatory agenda continues to classify the relevant project as a long-term action.

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

Agency: Department of Labor
Status: Open

Comments: DOL generally agreed with this recommendation and stated that its implementation would make a difference in working conditions in the meat and poultry industry. The agency also noted that resource constraints may make it difficult to implement. DOL reported in 2018 that it is reviewing its options for moving forward and is exploring accurate coding and recordkeeping of MSDs and drivers for underreporting in poultry processing and elsewhere. As of March 2020, OSHA stated that it continues to examine ways to work with BLS to address the recommendation. We will monitor the agency's actions to address this recommendation.

Recommendation: To develop a better understanding of meat and poultry sanitation workers' injuries and illnesses, the Secretary of Labor should direct the Assistant Secretary for Occupational Safety and Health and the Commissioner of Labor Statistics to study how they could regularly gather data on injury and illness rates among sanitation workers in the meat and poultry industry.

Agency: Department of Labor
Status: Open

Comments: DOL generally agreed with this recommendation and stated that its implementation would make a difference in working conditions in the meat and poultry industry. The agency noted that resource constraints may make it difficult to implement, particularly due to privacy concerns related to using form 301 (injury and illness incident report) and form 300 (log of work-related illnesses and injuries. DOL also noted that form 300A (Summary of Work-Related Injuries and Illnesses) does not have the specificity necessary to develop an understanding of worker injuries and illnesses in specific occupations. Our report explained that plants may use various job titles in their OSHA logs for sanitation workers they employ directly. However, those workers who are employed by contracted sanitation companies may be included in the sanitation companies' OSHA logs, and there may be nothing to indicate that their workplace is a meat or poultry plant. Thus, the problem is not the data source, but rather how to identify these particular workers by occupation and by industry in order to collect information about the full extent of injuries and illnesses in meat and poultry plants. We reiterate our recommendation that OSHA should work together with BLS to study how to regularly gather data on injury and illness rates among sanitation workers in the meat and poultry industry.

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

Agency: Department of Labor
Status: Open
Priority recommendation

Comments: According to OSHA officials, the agency had a study underway to review OSHA's workplace violence enforcement cases in health care to better understand the obstacles OSHA compliance officers encountered during these investigations and identify factors which led to citations. The study was intended to help compliance officers develop citations in workplace violence cases. In addition, in December 2016, OSHA published a Request for Information on Preventing Workplace Violence in Healthcare and Social Assistance (RFI) to help identify workplace violence prevention requirements that could be effective and economical if a regulation were to be developed. OSHA reported in June 2018 that it is evaluating the information it received in response to the RFI and is gathering information on best practices in certain industries. As of April 2020, OSHA completed its review of the submissions in response to the RFI, is developing regulatory options, and will obtain additional input from potentially affected small businesses. The agency anticipates completing this process by the end of 2020. To fully implement this recommendation, the agency should complete its process of obtaining input on the regulatory options the agency is developing, and finalize its determination on whether regulatory action is needed.

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

Agency: Department of Labor
Status: Open

Comments: In 2015, DOL noted that the agency would assess the challenges that plan sponsors and stakeholders had reported to GAO, decide in FY 2016 whether a broader public comment process (such as a Request for Information) or a research project would aid that assessment, and determine whether other actions, such as issuing clarifying guidance or regulations, would be beneficial to its stakeholders. In 2016, DOL confirmed that the agency continues to plan to take the above action. As of July 2017, DOL had not added a public comment process to EBSA's 2017 regulatory agenda, and had no specific timeline for any next action. In an April 2018 update, DOL responded that it had convened the 2018 ERISA Advisory Council (EAC) to study lifetime income solutions in the context of QDIAs with a focus on decumulation issues and rollovers. Among other recommendations, the EAC recommended to DOL that it clarify that sponsors may default participants into different options based on participant demographics because plan populations may not be sufficiently similar for a single default to be universally appropriate. However, DOL noted that it has not added a public comment process on QDIA issues to EBSA's regulatory agenda, and had no specific timeline for any next action.

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

Agency: Department of Labor
Status: Open

Comments: In April 2019, DOL restated its assertion that the employment services most needed by veterans and spouses were already available to them through the state workforce system and should not be offered through another mechanism. DOL pointed to changes in the employment workshops under its Transition Assistance Program, though those changes do not inform the need for any additional services such as Off Base Transition Training workshops. Additionally, DOL noted that Section 502 of the Veterans Health Care and Benefits Improvement Act of 2016 called for a 5-year longitudinal study of veteran workforce services. DOL concluded a feasibility study in December 2018 and said it will produce a plan to conduct the 5-year longitudinal study, which will inform the extent to which further delivery of employment workshops to veterans and their spouses could fill a niche not fully served by existing federal programs. While completing the feasibility study and planning to conduct the longitudinal study are important steps, DOL has not yet completed that study, nor has it reported to Congress on the extent to which employment workshops might fill a niche not currently served by existing federal programs.

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

Agency: Department of Labor
Status: Open

Comments: The Department of Labor (DOL) agreed that this type of information may be helpful in determining the extent to which lump sum window offers are made, as well as the types of disclosures the participants receive. However, as of July 2017, DOL reported that it has not identified authority under ERISA for it to impose such a requirement on plan sponsors either before or shortly after the plan offers the lump sum window. The agency states that ERISA expressly provides specific reporting and disclosure requirements. These include various filings, such as annual financial reports, reports upon plan termination, and reports upon making certain transfers of pension plan assets to health benefit accounts. The agency believes ERISA does not require plans to notify them regarding the benefit distribution options they offer or changes in those options, and does not read the broad rulemaking authority in ERISA in Section 505 (general regulations) and Section 110 (pension reporting and disclosure) as authorizing EBSA to establish the notice filing requirement GAO recommended. The agency also commented that ERISA expressly requires that most pension plans file a Form 5500 annual report with the statute specifying the required contents of this annual report in some detail and requiring "such other financial and actuarial information as the Secretary may find necessary or appropriate." Although the agency noted it could, by regulation, require reporting on lump sum window offers on the Form 5500, there would be a substantial time lag because ERISA by statute establishes the reporting cycle for the Form 5500 -- the report is not due until 210 days (7 months) after the plan year closes (e.g., for calendar year plans, July 31st of the following year). The agency recognizes that this might not be responsive to the recommendation, which appears to envision a notification system that is relatively contemporaneous with the lump sum window being offered to participants and beneficiaries. In 2018, DOL noted that it allocated its regulatory resources to other priority projects and, as of June 2020, reported that this status remains unchanged.

Recommendation: To ensure that federal regulators have better information about lump sum windows and to better ensure that participants have ready access to key information they need to make a decision when presented with a lump sum offer, the Department of Labor should coordinate with the Internal Revenue Service and the Pension Benefit Guaranty Corporation (PBGC) to clarify the guidance regarding the information sponsors should provide to participants when extending lump sum window offers and place the guidance on the agency's website. Guidance should include clear and understandable presentations of information, such as the relative value of the lump sum, the role and level of protections provided by PBGC, and the positive and negative ramifications of accepting the lump sum. Such guidance could also include promising practices for information materials from plan sponsors which are particularly effective in facilitating informed participant decision-making.

Agency: Department of Labor
Status: Open

Comments: The Department of Labor agreed with this recommendation, noting it is important to coordinate with the Treasury Department/IRS and PBGC to clarify the guidance regarding the information sponsors and other plan fiduciaries should provide to participants and beneficiaries when extending lump sum window offers. In 2016, the agency noted that the manner of publishing that guidance would be part of that coordination process. They may consider some formal public request for input (such as publishing a Request for Information in the Federal Register) and focus group or other field testing work. In addition, the agency noted that the 2015 ERISA Advisory Council announced that one of its projects this year concerns how to give participants effective notices and disclosures concerning lump sum window offers, including possible development of model participant notices. The 2015 Council developed recommendations and model notices on lump sum window offers in "pension risk transfer transactions," and suggested that DOL make the Model Notices available on its web site to plan sponsors and participant advocates and that plan sponsors use the Model Notices when engaging in risk transfer transactions. Similar to other model communications developed by the 2015 Council, the agency believes the model notice could be further enhanced if subjected to broader public input from, for example, plan sponsors, participant advocates, communications experts, and academics. Subject to the limits on its authority in this area and resource constraints. They are considering efforts to obtain public input on the Council's recommendations and model notice. They also intend to contact the Treasury Department/IRS and PBGC to discuss the Council's recommendations. In 2017, EBSA reported that it does not have a specific timeline for any next action but would alert GAO if a decision is made to add such a project to EBSA's agenda. In 2018, DOL noted that it allocated its regulatory resources to other priority projects and, as of June 2020, reported no additional changes.

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

Agency: Department of Labor
Status: Open

Comments: The Department of Labor's Wage and Hour Division (WHD) agreed with this recommendation and reported that it is working to develop data collection plans and explore a potential evaluation that is focused on the Home Care Rule. As part of this effort, WHD noted that it will continue to work with HHS and other federal partners. In FY16, WHD reported that such an evaluation of how stakeholders and affected industries have responded to the rule would be beneficial. However, litigation has delayed implementation and enforcement of the rule significantly, and WHD believes an evaluation at this stage would be premature and would be unlikely to fully and accurately capture stakeholders' responses to the rule and the resulting impacts. Delaying the evaluation would allow WHD to monitor the results of its own investigations and the effects of ongoing compliance assistance, both of which would be extremely difficult to measure at this early stage. In 2017, WHD reported that it will continue to monitor early implementation to determine the appropriate start for any evaluation and lay the groundwork for future assessment, including a plan for how to identify data that would inform such as an assessment. In 2018, WHD reported that it is too early in the implementation phase of the rule to conduct an evaluation of the rule's impact. The Department and WHD continue to engage with HHS to understand stakeholders' responses to the rule. WHD also continues to lay the groundwork for any future assessment by working to identify data sources that would inform such as an assessment.

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

Agency: Department of Labor
Status: Open
Priority recommendation

Comments: As of December 2019, the Department of Labor (DOL) has not allocated staff or other resources to look at convening a task force of stakeholders to consider the need for a national pension registry. The agency previously noted the PBGC's expansion of its registry of accounts left in closed defined benefit plans to include accounts in 401(k) plans. However, PBGC's expansion included only transfers from terminating 401(k) plans, not from active plans. In February 2018, bi-partisan legislation was proposed to create a national, online registry for much of Americans' retirement savings account information, particularly those accounts which might otherwise become lost. To create the proposed "Retirement Savings Lost and Found" or something similar would require coordinated regulatory action on the part of multiple agencies, which could only benefit from the initial work and findings of a pension registry task force. The need for access to consolidated online information about multiple 401(k) plan accounts is only growing. Therefore, we continue to recommend that DOL facilitate a task force of stakeholders to identify and discuss legal and other logistical issues critical to the potential creation of a national pension registry.

Recommendation: To prevent forced-transfer IRA balances from decreasing due to the low returns of the investment options currently permitted under the Department of Labor's safe harbor regulation, the Secretary of Labor should expand the investment alternatives available. For example, the forced-transfer IRA safe harbor regulations could be revised to include investment options currently under the qualified default investment alternatives regulation applicable to automatic enrollment, and permit forced-transfer IRA providers to change the investments for IRAs already established.

Agency: Department of Labor
Status: Open

Comments: As of April 2020, DOL had not taken action on this recommendation. In 2019, DOL noted that it was engaged more generally with a range of stakeholders on issues surrounding missing and unresponsive participants with the goal of helping plans to locate and pay retirement benefits to missing participants and beneficiaries. We continue to encourage DOL to expand the safe harbor for IRAs created for forced transfers to include investment alternatives more likely to preserve principal and even increase it over time, such as what is permitted for qualified default investment alternatives under the safe harbor for automatic enrollment.

Recommendation: To better protect plan sponsors and participants who use managed account services, the Secretary of Labor should direct the Assistant Secretary for the EBSA to consider the fiduciary status of managed account providers when they offer services on an opt-in basis and, if necessary, make regulatory changes or provide guidance to address any issues.

Agency: Department of Labor
Status: Open

Comments: DOL concurred with this recommendation and agreed to review existing guidance and consider whether additional guidance is needed in light of the various business models we described. On April 8, 2016, DOL issued a final rule that clarified that anyone providing advice that is individualized or specifically directed to a participant pertaining to a decision to take, or refrain from taking, a distribution from the plan is a fiduciary. According to DOL, this final rule will better protect plan participants by requiring service providers who provide investment advice to act in their clients' best interest, preventing the erosion of their retirement savings by fees and substandard performance attributable to conflicts of interest. In 2018, a court ruling vacated this regulation; there is legal uncertainty surrounding the regulation and its effect regarding fiduciary duties,

Recommendation: To help sponsors who offer managed account services or who are considering doing so better protect their 401(k) plan participants, the Secretary of Labor should direct the Assistant Secretary for EBSA to require plan sponsors to request from record keepers more than one managed account provider option, and notify the Department of Labor if record keepers fail to do so.

Agency: Department of Labor
Status: Open

Comments: DOL agreed to consider this recommendation in connection with a regulatory project on standards for brokerage windows in participant-directed individual account plans. However, in Spring 2017, DOL removed this project as an active project on its regulatory agenda. GAO believes requiring plan sponsors to ask for more than one choice of a provider may be an effective method of broadening plan sponsors' choices of managed account providers. In April 2018, DOL reported that it was not able to allocate staff time and resources to this recommendation and does not yet have a specific timeline for any next action.

Recommendation: To help sponsors and participants more effectively assess the performance of managed accounts, the Secretary of Labor should direct the Assistant Secretary for EBSA to amend participant disclosure regulations to require that sponsors furnish standardized performance and benchmarking information to participants. To accomplish this, EBSA could promulgate regulations that would require sponsors who offer managed account services to provide their participants with standardized performance and benchmarking information on managed accounts. For example, sponsors could periodically furnish each managed account participant with the aggregate performance of participants' managed account portfolios and returns for broad-based securities market indexes and applicable customized benchmarks, based on those benchmarks provided for the plan's designated investment alternatives.

Agency: Department of Labor
Status: Open

Comments: DOL agreed to consider this recommendation in connection with (1) its regulatory project on standards for brokerage windows in participant directed individual account plans and (2) open proposed rulemaking project involving the qualified default investment alternative and participant-level fee disclosure regulations. In Spring 2017, the project on brokerage windows was removed as an active project on DOL's regulatory agenda, and the project on qualified default investment alternatives was moved to the long-term action category. In April 2018, DOL reported that it was not able to allocate staff time and resources to this recommendation and does not yet have a specific timeline for any next action.

Recommendation: To help sponsors and participants more effectively assess the performance of managed accounts, the Secretary of Labor should direct the Assistant Secretary for EBSA to amend service provider disclosure regulations to require that providers furnish standardized performance and benchmarking information to sponsors. To accomplish this, EBSA could promulgate regulations that would require service providers to disclose to sponsors standardized performance and benchmarking information on managed accounts. For example, providers could, prior to selection and periodically thereafter, as applicable, furnish sponsors with aggregated returns for generalized conservative, moderate, and aggressive portfolios, actual managed account portfolio returns for each of the sponsor's participants, and returns for broad-based securities market indexes and applicable customized benchmarks, based on those benchmarks provided for the plan's designated investment alternatives.

Agency: Department of Labor
Status: Open

Comments: DOL agreed to consider this recommendation in connection with (1) its regulatory project on standards for brokerage windows in participant directed individual account plans and (2) open proposed rulemaking project involving the qualified default investment alternative and participant-level fee disclosure regulations. In Spring 2017, the project on brokerage windows was removed as an active project on DOL's regulatory agenda, and the project on qualified default investment alternatives was moved to the long-term action category of DOL's regulatory agenda. In April 2018, DOL reported that it was not able to allocate staff time and resources to this recommendation and does not yet have a specific timeline for any next action.

Recommendation: To help sponsors who offer managed account services or who are considering doing so better protect their 401(k) plan participants, the Secretary of Labor should direct the Assistant Secretary for EBSA to provide guidance to plan sponsors for selecting and overseeing managed account providers that addresses: (1) the importance of considering multiple providers when choosing a managed account provider, (2) factors to consider when offering managed accounts as a Qualified Default Investment Alternative or on an opt-in basis, and (3) approaches for evaluating the services of managed account providers.

Agency: Department of Labor
Status: Open

Comments: DOL agreed to consider this recommendation in connection with a regulatory project on standards for brokerage windows in participant-directed individual account plans. However, in Spring 2017, DOL removed this project as an active project on its regulatory agenda. GAO continues to believe that plan sponsors would benefit from additional guidance for selecting and overseeing managed account providers. In April 2018, DOL reported that it was not able to allocate staff time and resources to this recommendation and does not yet have a specific timeline for any next action.

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

Agency: Department of Labor
Status: Open

Comments: As August 2018, DOL continues to accept meetings with interested stakeholders on issues related to its 5500 Modernization Project. However, EBSA does not at this time have an expected next action date for this project. The decision was made in the development and clearance of its Spring 2018 regulatory agenda to classify this project as a long-term action.

Recommendation: To strengthen federal oversight of facilities with ammonium nitrate, the Secretary of Labor and the Administrator of EPA should direct OSHA and EPA, respectively, to consider revising their related regulations to cover ammonium nitrate and jointly develop a plan to require high risk facilities with ammonium nitrate to assess the risks and implement safeguards to prevent accidents involving this chemical.

Agency: Department of Labor
Status: Open

Comments: On December 9, 2013, OSHA issued a Request for Information seeking, among other things, comments on potential revisions to its Process Safety Management standard and its Explosives and Blasting Agents Standard. The Request for Information specifically invited comments on safe work practices for storing, handling, and managing ammonium nitrate and on regulatory requirements to improve its approach to preventing the hazards associated with ammonium nitrate. As of July 2017, OSHA reports it has completed a Small Business Regulatory Flexibility Review Act panel to gather feedback from small businesses on updating its Process Safety Management (PSM) regulation. During the panel, the agency discussed the option of adding ammonium nitrate to the list of chemicals covered by PSM and collected comments. As of June 2018, the PSM rulemaking is on the regulatory agenda under Long Term Action. According to OSHA officials, the agency will continue to collect comments on the option of adding ammonium nitrate to the list of highly hazardous chemicals covered by the PSM regulations as dictated by the rulemaking process. We will close this recommendation when OSHA decides what action to take as a result of the rulemaking process.

Recommendation: The Secretary of Labor should direct the Assistant Secretary for Occupational Safety and Health to consider updating regulations for the storage of ammonium nitrate taking into consideration, as appropriate, other related standards and current practices.

Agency: Department of Labor
Status: Open

Comments: OSHA previously (December 3, 2014) issued guidance to Regional Administrators to assist OSHA officials in enforcing the ammonium nitrate storage requirements in the Explosives and Blasting Agents Standard. In addition, on December 9, 2013, OSHA issued a Request for Information (RFI) seeking, among other things, comments on potential revisions to the Explosives and Blasting Agents Standard, which includes ammonium nitrate storage requirements. According to OSHA officials, the agency discussed the option of adding ammonium nitrate to the list of chemicals covered by the Process Safety Management (PSM) regulations and collected comments. As of June 2018, the PSM rulemaking is on the regulatory agenda under Long-Term Action. We will close this recommendation when the agency decides what action to take as a result of the rulemaking process.

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

Agency: Department of Labor
Status: Open

Comments: Although department officials have stated that they are taking actions to address this recommendation, as of August 2020, we have not yet received information to validate agency actions. Subsequent to the agency sending documentation, we plan to verify whether implementation has occurred.

Recommendation: To improve the implementation of the act, the Secretary of Labor should ensure the DIB reviews cost-benefit analyses to make certain cost savings information for the computer matching program is included before approving CMAs.

Agency: Department of Labor
Status: Open

Comments: Although department officials have stated that they are taking actions to address this recommendation, as of August 2020, we have not yet received information to validate agency actions. Subsequent to the agency sending documentation, we plan to verify whether implementation has occurred.

Recommendation: To improve the implementation of the act, the Secretary of Labor should ensure the DIB performs annual reviews and submits annual reports on agency computer matching activities, as required by the act.

Agency: Department of Labor
Status: Open

Comments: Although department officials have stated that they are taking actions to address this recommendation, as of August 2020, we have not yet received information to validate agency actions. Subsequent to the agency sending documentation, we plan to verify whether implementation has occurred

Recommendation: As DOL continues to review regulatory barriers to lifetime income options for 401(k) plan participants it should consider other countries' approaches to plans offering annuities, such as their reliance on existing solvency requirements and insurance industry standards to provide assurances rather than place responsibility on plan sponsors to make an assessment of an annuity provider's financial stability. As DOL considers the approaches of other countries and continues to work with the National Association of Insurance Commissioners, which facilitates interactions between insurance companies and state insurance regulators, DOL may wish to consult with the Federal Insurance Office, which coordinates federal efforts on prudential aspects of international insurance matters.

Agency: Department of Labor
Status: Open

Comments: DOL worked with the National Association of Insurance Commissioners (NAIC) in 2013 and 2014 to consider possible options for easing plan sponsor concerns about the requirement to assess the financial solvency of annuity providers. DOL reported they will continue to work with NAIC, as well as the National Organization of Life & Health Insurance Guaranty Associations and Treasury's Federal Insurance Office as they consider potential regulatory approaches in this area. DOL also worked with the Federal Insurance Office in developing guidance on the selection and monitoring of annuity providers under the current annuity selection safe harbor regulation. In October 2017, Treasury recommended DOL work with Treasury to develop proposals on how establish or certify one or more expert, independent fiduciary entities to assess the long-term financial strength of annuity providers. Plan sponsors could use these assessments as a safe harbor in selecting annuity providers for their plan. As of 2017, DOL continued to cite its other regulatory and guidance priorities as taking precedence. In April 2018, DOL reported that in the development and clearance of the Spring 2018 regulatory agenda, the agency decided to continue to classify this project as a long-term action. We commend DOL's efforts on a more workable safe harbor, but continue to encourage DOL to review alternative approaches taken by other countries, such as their reliance on existing solvency requirements and insurance standards, which can ease the burden on plan sponsors.

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

Agency: Department of Labor
Status: Open

Comments: The Department of Labor has not addressed the recommendation. In August 2020, the department stated that it was continuing to evaluate processes for reviewing and assessing enterprise architecture value.

Recommendation: To enhance federal agencies' ability to realize enterprise architecture benefits, the Secretaries of the Departments of Agriculture, the Air Force, the Army, Commerce, Defense, Education, Energy, Homeland Security, the Interior, Labor, the Navy, State, Transportation, the Treasury, and Veterans Affairs; the Attorney General; the Administrators of the Environmental Protection Agency, General Services Administration, National Aeronautics and Space Administration, and Small Business Administration; the Commissioners of the Nuclear Regulatory Commission and Social Security Administration; and the Directors of the National Science Foundation and the Office of Personnel Management should periodically measure and report enterprise architecture outcomes and benefits to top agency officials (i.e., executives with authority to commit resources or make changes to the program) and to OMB.

Agency: Department of Labor
Status: Open

Comments: The Department of Labor has not addressed the recommendation. In August 2020, the department stated that it was evaluating processes for reviewing and assessing enterprise architecture value.