Recommendation: As part of the Equal Employment Opportunity Commission's plans to implement a new data system, the Chair of the Equal Employment Opportunity Commission should assess the feasibility of developing the agency's capacity to systematically analyze retaliation charge data, including the protected activities associated with these charges. (Recommendation 1)

Agency: Equal Employment Opportunity Commission
Status: Open

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

Recommendation: The Associate Commissioner of the Administration for Children and Families Children's Bureau within the Department of Health and Human Services should develop a process to assess the reliability of grantee performance information contained within annual performance reports for tribal recipients of its Stephanie Tubbs Jones Child Welfare Services Program. (Recommendation 1)

Agency: Department of Health and Human Services
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 Department of the Interior's Bureau of Indian Education should take steps to alert grantees of the Native Language Immersion Cooperative Agreement when they are late in submitting performance reports. (Recommendation 2)

Agency: Department of the Interior: Bureau of Indian Education
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 Department of the Interior's Bureau of Indian Education should develop a process to assess the quality and reliability of a sample of grantee performance data for the Native Language Immersion Cooperative Agreement. (Recommendation 3)

Agency: Department of the Interior: Bureau of Indian Education
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 Attorney General for the Civil Rights Division should work with Education's Office for Civil Rights to provide state educational agencies and school districts with online information, technical assistance, or training materials related to federal accessibility requirements specific to public school facilities. (Recommendation 1)

Agency: Department of Justice
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 Attorney General for the Civil Rights Division should work with Education's Office for Civil Rights to provide state educational agencies and school districts with online information, technical assistance, or training materials related to federal accessibility requirements in public school facilities in the context of safety and security. This may include leveraging recent, online federal initiatives on school safety and physical security. (Recommendation 2)

Agency: Department of Justice
Status: Open

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

Recommendation: The USAID Administrator should ensure that OCRD consistently responds to EEO complaints in a timely manner. (Recommendation 1)

Agency: United States Agency for International Development
Status: Open

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

Recommendation: The USAID Administrator should ensure that OCRD consistently analyzes USAID workforce demographic data for trends and potential barriers to equal employment opportunity. (Recommendation 2)

Agency: United States Agency for International Development
Status: Open

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

Recommendation: The USAID Administrator should ensure that OCRD submits required MD-715 reports to EEOC in a timely manner. (Recommendation 3)

Agency: United States Agency for International Development
Status: Open

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

Recommendation: The USAID Administrator should demonstrate senior leadership attention to diversity by ensuring that OCRD has the capacity to perform required EEO functions. (Recommendation 4)

Agency: United States Agency for International Development
Status: Open

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

Recommendation: VA's Assistant Secretary for Human Resources and Administration/Operations, Security, and Preparedness should realign VA's EEO Director position to adhere to the applicable EEOC directive by ensuring the position is not responsible for personnel functions. (Recommendation 1)

Agency: Department of Veterans Affairs
Status: Open

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

Recommendation: VA's Deputy Assistant Secretary for Resolution Management should complete VA's EEO Program Manager realignment initiative at VBA and VHA in accordance with VA policy. (Recommendation 2)

Agency: Department of Veterans Affairs
Status: Open

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

Recommendation: VA's Deputy Assistant Secretary for Resolution Management should ensure that ORM reviews all existing VA and administration policies and information documents to make sure they are current, complete, and aligned with VA's sexual harassment policy. (Recommendation 3)

Agency: Department of Veterans Affairs
Status: Open

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

Recommendation: VA's Assistant Secretary for Human Resources and Administration/Operations, Security, and Preparedness, in consultation with ORM, should finalize the HPP directive and handbook to formalize HPP. (Recommendation 4)

Agency: Department of Veterans Affairs
Status: Open

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

Recommendation: VA's Assistant Secretary for Human Resources and Administration/Operations, Security, and Preparedness, in consultation with ORM, should require managers to report all sexual harassment complaints they receive to ORM and ORM should use this information—and other available data about sexual harassment prevalence at VA—to assess and improve its efforts to prevent and address sexual harassment. (Recommendation 5)

Agency: Department of Veterans Affairs
Status: Open

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

Recommendation: VA's Deputy Assistant Secretary for Resolution Management should develop and implement policies and procedures to ensure that, for sexual harassment complaints addressed through the management process, any corrective actions decided on are implemented, including requiring managers and supervisors to provide evidence to ORM that these actions occurred. (Recommendation 6)

Agency: Department of Veterans Affairs
Status: Open

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

Recommendation: VA's Deputy Assistant Secretary for Resolution Management should require additional training for all VA employees on identifying and addressing sexual harassment, including the HPP process. For instance, VA could make training that is currently offered in some facilities mandatory for all employees (e.g., Prevention of Sexual Harassment) or develop new mandatory training. (Recommendation 7)

Agency: Department of Veterans Affairs
Status: Open

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

Recommendation: The Director of OPM should routinely track and report retention data for employees with disabilities and make such data available to federal agencies, including EEOC, through a centralized web portal—such as MAX.gov. For example, OPM could track and report such data by General Schedule level pay groupings, which could help pinpoint root causes that contribute to retention rates, inform assessments of government-wide progress on employee retention, and identify needed improvements. (Recommendation 1)

Agency: Office of Personnel Management
Status: Open

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

Recommendation: The Attorney General of the United States should develop and implement policies and procedures for assessing the impact of training provided to agency hiring managers and human resources staff on Schedule A hiring authority. This includes assessing the impact of its training on agency performance goals related to increased hiring of individuals with disabilities and targeted disabilities. (Recommendation 2)

Agency: Department of Justice
Status: Open

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

Recommendation: The Attorney General of the United States should develop and implement policies and procedures for obtaining employee feedback about the agency's reasonable accommodations efforts and use such information to evaluate the ongoing effectiveness of the program. This may include identifying any effects on employee retention, identifying potential risks, and determining any improvements that may be warranted. (Recommendation 3)

Agency: Department of Justice
Status: Open

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

Recommendation: The Administrator of SBA should develop and implement policies and procedures for assessing and tracking the impact of training provided to agency hiring managers and human resources staff on Schedule A hiring authority. This includes assessing the impact of its training on agency performance goals related to increased hiring of individuals with disabilities and targeted disabilities. (Recommendation 4)

Agency: Small Business Administration
Status: Open

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

Recommendation: The Administrator of SBA should develop and implement policies and procedures for obtaining employee feedback about the agency's reasonable accommodations efforts and use such information to evaluate the ongoing effectiveness of the program. This may include identifying any effects on employee retention, identifying potential risks, and determining any improvements that may be warranted. (Recommendation 5)

Agency: Small Business Administration
Status: Open

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

Recommendation: The Commissioner of SSA should develop and implement policies and procedures for assessing and tracking the impact of training provided to agency hiring managers and human resources staff on Schedule A hiring authority. This includes assessing the impact of its training on agency performance goals related to increased hiring of individuals with disabilities and targeted disabilities. (Recommendation 6)

Agency: Social Security Administration
Status: Open

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

Recommendation: The Director of BIE should establish consistent requirements for schools on making up missed special education and related services and monitor schools to ensure that they follow these requirements. (Recommendation 1)

Agency: Department of the Interior: Bureau of Indian Education
Status: Open

Comments: BIE agreed with this recommendation. The agency acknowledges that it must refine the guidance provided by its special education subject matter experts to ensure that guidance on missed special education related services is consistent. They anticipate fully implementing reforms through formally published guidance to its special education professionals.

Recommendation: The Director of BIE should work with knowledgeable stakeholders in Indian education to establish a community of practice or other formal mechanism to identify and disseminate promising practices for schools—especially those in remote locations—on recruiting, hiring, and retaining special education teachers and contracting with providers. The Director of BIE could consider conferring with BIE's special education advisory committee, OSEP, and relevant tribal and state education officials in addressing this recommendation. (Recommendation 2)

Agency: Department of the Interior: Bureau of Indian Education
Status: Open

Comments: BIE agreed with this recommendation. The agency plans to work collaboratively with all of its special education stakeholders to build on its internal human capital capabilities, Strategic Workforce Plan and other human capital improvements.

Recommendation: The Director of BIE should rescind the policy of its division overseeing tribally controlled schools that does not meet Interior's requirement to annually review all schools' documentation to verify the provision of services for every special education student, and ensure that all divisions comply with this requirement. (Recommendation 3)

Agency: Department of the Interior: Bureau of Indian Education
Status: Open

Comments: BIE agreed with this recommendation. The agency is reviewing all of its special education policies and procedures and, as of May 2020, anticipates an updated, comprehensive special education policy and handbook in the coming months. This includes replacing the Tribally-Controlled School Division's 3-year review policy with an annual review. A first draft of the new special education handbook and policy is expected in the summer of 2020.

Recommendation: The Director of BIE should update the agency's workforce plan to include a strategy and timeframe for filling vacant staff positions responsible for overseeing and supporting schools' special education programs. (Recommendation 4)

Agency: Department of the Interior: Bureau of Indian Education
Status: Open

Comments: BIE agreed with this recommendation and plans to update and expand its Strategic Workforce plan to include new function areas. They expect to update it in the coming months to include special education and Johnson O'Malley functions.

Recommendation: The Director of BIE should fully implement the agency's high-risk monitoring policy for IDEA and other federal education programs, including requirements for agency-wide coordination, and ensure that schools selected for such monitoring receive reports and technical assistance plans within 30 days of agency on-site visits, as required by BIE policy. (Recommendation 5)

Agency: Department of the Interior: Bureau of Indian Education
Status: Open

Comments: BIE agreed with this recommendation. Based on lessons learned in its first two years of implementation, the agency plans to make targeted refinements to the policy and process of high-risk monitoring. Regarding the timeliness of report submission and technical assistance delivery, the agency began a targeted reform designed to address this structural weakness, namely, the need to centralize the administrative functions of its oversight activities. The newly established Performance Office will assume the administrative and management oversight of the high-risk fiscal monitoring policy and handbook, including the timely delivery of monitoring reports and technical assistance plans.

Recommendation: The Director of BIE should establish special education training requirements for staff in the agency's Education Resource Centers who are responsible for supporting and overseeing schools' special education programs, and ensure that staff complete those training requirements. (Recommendation 6)

Agency: Department of the Interior: Bureau of Indian Education
Status: Open

Comments: BIE agreed with this recommendation. The agency will ensure that special education training and professional development requirements are identified as part of its planned Strategic Workforce Plan update and expansion.

Recommendation: The Director of BIE should take steps to ensure that all of the agency's Education Resource Centers conduct outreach with schools to inform them of their new roles in overseeing and supporting schools' special education programs under BIE's reorganization. (Recommendation 7)

Agency: Department of the Interior: Bureau of Indian Education
Status: Open

Comments: BIE agreed with this recommendation. As BIE makes targeted reforms to improve the delivery of special education services, it will ensure that the roles and responsibilities of Education Resource Centers (ERC) are clearly identified and communicated to responsible BIE personnel. Specifically, as it updates and expands the Strategic Workforce Plan, it will clearly and directly define the role of ERC personnel with respect to special education services. In addition, as the new Performance Office establishes timely and routine technical assistance plans, the agency will operationalize the day-to-day engagement and outreach between ERC and school level personnel regarding special education related technical assistance.

Recommendation: The Secretary of Defense should ensure that the Under Secretary of Defense for Personnel and Readiness provides guidance to the services, for example, in its forthcoming diversity and inclusion strategic plan, to develop plans, with clearly defined goals, performance measures, and timeframes, to guide and monitor recruitment and retention efforts of female active-duty servicemembers in the military. (Recommendation 1)

Agency: Department of Defense
Status: Open

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

Recommendation: The Secretary of the Army should develop a plan, with clearly defined goals, performance measures, and timeframes, to guide and monitor the Army's female active-duty servicemember recruitment and retention efforts. (Recommendation 2)

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

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

Recommendation: The Secretary of the Navy should develop a plan, with clearly defined goals, performance measures, and timeframes, to guide and monitor the Navy's female active-duty servicemember recruitment and retention efforts. (Recommendation 3)

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

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

Recommendation: The Secretary of the Navy should ensure that the Commandant of the Marine Corps develops a plan, with clearly defined goals, performance measures, and timeframes, to guide and monitor the Marine Corps' female active-duty servicemember recruitment and retention efforts. (Recommendation 4)

Agency: Department of Defense: United States Marine Corps
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 the Air Force should develop a plan, with clearly defined goals, performance measures, and timeframes, to guide and monitor the Air Force's female active-duty servicemember recruitment and retention efforts. (Recommendation 5)

Agency: Department of Defense: Department of the Air Force
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 for the Office for Civil Rights should revise its CRDC business rule to require that every school district reporting zeros, regardless of district size or numbers of students with disabilities, affirm the zeros are correct during the CRDC data submission process. (Recommendation 1)

Agency: Department of Education: Office for Civil Rights
Status: Open

Comments: Education agreed with this recommendation stated that it would determine the best means to implement it. We will monitor the progress of their efforts.

Recommendation: The Assistant Secretary for the Office for Civil Rights should develop and implement a CRDC business rule that targets schools and school districts that report very low numbers of incidents and set data-driven thresholds to detect such incidents. (Recommendation 2)

Agency: Department of Education: Office for Civil Rights
Status: Open

Comments: Education agreed with this recommendation stated that it would determine the best means to implement it. We will monitor the progress of their efforts.

Recommendation: The Assistant Secretary for the Office for Civil Rights should develop and implement a CRDC business rule that targets schools and schools districts that report very high number of incidents and set data-driven thresholds to detect such incidents. (Recommendation 3)

Agency: Department of Education: Office for Civil Rights
Status: Open

Comments: Education agreed with this recommendation stated that it would determine the best means to implement it. We will monitor the progress of their efforts.

Recommendation: The Assistant Secretary for the Office for Civil Rights should apply the CRDC business rule targeting illogical data at the school level to all schools, regardless of the number of incidents reported. (Recommendation 4)

Agency: Department of Education: Office for Civil Rights
Status: Open

Comments: Education agreed with this recommendation stated that it would determine the best means to implement it. We will monitor the progress of their efforts.

Recommendation: The Assistant Secretary for the Office for Civil Rights should identify the factors that cause underreporting and misreporting of restraint and seclusion and take steps to help school districts overcome these issues. (Recommendation 5)

Agency: Department of Education: Office for Civil Rights
Status: Open

Comments: Education agreed with this recommendation stated that it would determine the best means to implement it. We will monitor the progress of their efforts.

Recommendation: The Assistant Secretary for the Office for Civil Rights should further refine and clarify federal restraint and seclusion definitions and take steps to ensure that this information is conveyed to school districts. This could include providing common classroom scenarios that highlight the differences between a restraint and an escort, and a time out and a seclusion. (Recommendation 6)

Agency: Department of Education: Office for Civil Rights
Status: Open

Comments: Education agreed with this recommendation stated that it would determine the best means to implement it. We will monitor the progress of their efforts.

Recommendation: The Secretary of the Smithsonian should develop written guidance for supervisors specific to how to address complaints of sexual harassment filed under the management process—which may include updating current written guidance for supervisors on handling misconduct, such as the Supervisor's Compass and Smithsonian Directives 212 and 213 (Chapter 752). (Recommendation 1)

Agency: Smithsonian Institution
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 the Smithsonian should establish a tracking mechanism for complaints of sexual harassment filed under the management process—including procedures for supervisors within the units to convey reports of sexual harassment to the central Smithsonian administration and/or OEEMA. (Recommendation 2)

Agency: Smithsonian Institution
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 the Smithsonian should include affiliated persons in measures used to assess organizational climate at the Smithsonian—which may include incorporating affiliated persons into current efforts or developing additional measures specific to these persons. (Recommendation 3)

Agency: Smithsonian Institution
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 Bureau of Indian Education should develop a systematic process for identifying JOM contractors and maintaining an accurate and complete list of contractors and other relevant information about contractors, such as the amount of JOM funds they receive and their current points of contact. (Recommendation 1)

Agency: Department of the Interior: Bureau of Indian Education
Status: Open

Comments: Interior concurred with this recommendation. They expect their newly expanded JOM program workforce to develop, publish and implement a comprehensive JOM policy and procedure that includes a systemic process for identifying JOM contractors and maintaining a complete and accurate list of contractors. We will monitor the progress of these efforts.

Recommendation: The Director of the Bureau of Indian Education, in coordination with the Bureau of Indian Affairs as needed, should establish a process to track and monitor the timeliness of JOM disbursements to non-tribal contractors, including identifying a target date for disbursing funds to these contractors. (Recommendation 2)

Agency: Department of the Interior: Bureau of Indian Education
Status: Open

Comments: Interior concurred with this recommendation. The BIE, BIA and other partners will work collaboratively to publish and implement a policy and procedure that accurately tracks and monitors timely disbursement of JOM funds to these contractors. We will monitor the progress of these efforts.

Recommendation: The Director of the Bureau of Indian Education should develop a timeline to assess the usefulness of the information they are collecting from JOM contractors and update JOM information collection forms, including converting them to an electronic format to reduce the burden on contractors to complete them. (Recommendation 3)

Agency: Department of the Interior: Bureau of Indian Education
Status: Open

Comments: Interior concurred with this recommendation. They expect that their newly expanded JOM program workforce will expedite the BIE's review and information collection efforts. We will monitor the progress of these efforts.

Recommendation: The Director of the Bureau of Indian Education should develop and provide training to contractors on administering the JOM program. (Recommendation 4)

Agency: Department of the Interior: Bureau of Indian Education
Status: Open

Comments: Interior concurred with this recommendation. SIE and JOM staff will be tasked with developing a technical assistance framework for contractors and a training plan as part of the wider JOM program policy and task procedures. We will monitor the progress of these efforts.

Recommendation: The Director of the Bureau of Indian Education should clearly define the roles and responsibilities and identify the staff necessary for conducting critical JOM functions, including administering contracts, reviewing the appropriateness of contract types, and overseeing those contractors that are subject to BIE oversight. (Recommendation 5)

Agency: Department of the Interior: Bureau of Indian Education
Status: Open

Comments: Interior concurred with this recommendation. The BIE, BIA and other partners plan to work collaboratively to develop an inter-bureau policy that clearly identifies each agency's roles and responsibilities. They are also developing a data-informed workforce analysis for the JOM program. They will continue to develop and implement a data-informed workforce strategy to identify human capital needs and clearly identifies and assigns critical JOM-related functions among BIE divisions, offices and staff. We will monitor the progress of these efforts.

Recommendation: The Secretary of the Department of Agriculture should direct the Assistant Secretary for Civil Rights to publicize promising practices for Title IX compliance on its websites for their university grantees. (Recommendation 1)

Agency: Department of Agriculture
Status: Open

Comments: USDA agreed with the recommendation. In its March 2020 formal comment letter, the department stated that it will ensure promising practices information is posted to websites for the Office of the Assistant Secretary for Civil Rights (OASCR) and the National Institute of Food and Agriculture. Additionally, a notice will be sent to universities to ensure they are aware the information is available, along with specifics regarding access to the same.

Recommendation: The Secretary of Energy should direct the Director of the Office of Economic Impact and Diversity to publicize promising practices for Title IX compliance on its websites for their university grantees. (Recommendation 2)

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

Comments: DOE agreed with the recommendation. In its February 2020 formal comment letter, the department stated that the Office of Civil Rights and Diversity (OCRD) has identified promising practices on an ongoing basis in its Title IX compliance review reports. OCRD will develop and publicize a promising practices guide on its website for reference by university grantees. The estimated completion date is June 1, 2020. GAO will review this action once it receives documentation from DOE.

Recommendation: The Secretary of the Department of Health and Human Services should direct the Director for the Office for Civil Rights to publicize a stand-alone list of promising practices for Title IX compliance on its websites for their university grantees. (Recommendation 3)

Agency: Department of Health and Human Services: Office of the Secretary
Status: Open

Comments: HHS agreed with the recommendation. In its February 2020 formal comment letter, the department stated the Office for Civil Rights will incorporate effective practices from materials posted on its website and external sources in a stand-alone list of effective practices to help universities comply with Title IX. The Office for Civil Rights will also draw from its Title IX enforcement work to update the effective practices list on an ongoing basis.

Recommendation: The Secretary of Energy should direct the Director of the Office of Economic Impact and Diversity to finalize and publish Title IX complaint procedures, consistent with DOJ's regulations. (Recommendation 4)

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

Comments: DOE agreed with the recommendation. In its February 2020 formal comment letter, the department stated that the Office of Civil Rights and Diversity (OCRD) has developed a draft outline of complaint procedures. OCRD is benchmarking these procedures against NASA and NSF external civil rights complaint procedures. OCRD will finalize and publish Title IX complaint procedures, consistent with the Department of Justice's regulations. The estimated completion date is October 31, 2020.

Recommendation: The Secretary of the Department of Agriculture should direct the Assistant Secretary for Civil Rights to finalize and publish revised Title IX complaint procedures. (Recommendation 5)

Agency: Department of Agriculture
Status: Open

Comments: USDA agreed with the recommendation to finalize and publish Title IX complaint procedures. According to the department's March 2020 formal comment letter, USDA's Departmental Regulation (DR) 4330-002, Nondiscrimination in Program and Activities Receiving Federal Financial Assistance from USDA, addresses processing Title IX administrative complaints filed with the Department in any program or activity receiving financial assistance from USDA. The Departmental Regulation (DR) 4330-002 was revised in 2019 and is currently in the clearance process for publication.

Recommendation: The Secretary of the Department of Agriculture should direct the Assistant Secretary for Civil Rights to clarify on its website that individuals on USDA-funded grants can file Title IX complaints through the Assistant Secretary for Civil Rights—including clarifying who is considered "customers." (Recommendation 6)

Agency: Department of Agriculture
Status: Open

Comments: USDA agreed with this recommendation. According to the department's March 2020 formal comment letter, USDA's Office of the Assistant Secretary for Civil Rights (OASCR) will add language on its website to make clear recipients of USDA-funded grants are included in the definition of a customer and, as such, may file Title IX complaints through OASCR. Additionally, the requested information will be added to the Frequently Asked Questions section on OASCR' s website.

Recommendation: The Secretary of the Department of Health and Human Services should direct the Director for the Office for Civil Rights to assess the feasibility of receiving and reviewing concerns of sex discrimination—including sexual harassment—and communicating to individuals on agency-funded grants the option to notify the agency of these concerns, outside of the Title IX complaint process. (Recommendation 7)

Agency: Department of Health and Human Services: Office of the Secretary
Status: Open

Comments: HHS agreed with the recommendation. In its February 2020 formal comment letter, the department stated that outside of the Title IX enforcement process, the Office for Civil Rights updated its sex discrimination web pages to inform persons on how to file complaints of discrimination directly to the Office for Civil Rights, including complaints of sexual harassment. The Office for Civil Rights has also incorporated information about Title IX rights and obligations in outreach material used on university campuses, including information addressing sexual harassment.

Recommendation: The Secretary of Energy should direct the Director of the Office of Economic Impact and Diversity to assess the feasibility of receiving and reviewing concerns of sex discrimination—including sexual harassment—and communicating to individuals on agency-funded grants the option to notify the agency of these concerns, outside of the Title IX complaint process. (Recommendation 8)

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

Comments: DOE agreed with the recommendation. In its February 2020 formal comment letter, the department stated that the Office of Civil Rights and Diversity (OCRD) will evaluate the feasibility of receiving and reviewing concerns of discrimination, including sexual harassment, outside of the Title IX complaint process described in DOE's Title IX regulations, as well as communicating this option to individuals on DOE funded grants. The estimated completion date is December 31, 2020.

Recommendation: The Administrator of NASA should assess the feasibility of receiving and reviewing concerns of sex discrimination—including sexual harassment—and communicating to individuals on agency-funded grants the option to notify the agency of these concerns, outside of the Title IX complaint process. (Recommendation 9)

Agency: National Aeronautics and Space Administration
Status: Open

Comments: NASA agreed with the recommendation. According to the agency's February 2020 formal comment letter, NASA plans to assess the feasibility of receiving and reviewing concerns of sex discrimination and harassment and communicating to individuals on agency-funded grants the option to notify the agency of these concerns. In conducting the feasibility assessment, NASA will benchmark with agencies that currently have the capability to receive and review concerns of sex discrimination, including sexual harassment. NASA will also examine internal resources to ensure successful implementation. NASA estimates completion by September 20, 2020.

Recommendation: The Secretary of the Department of Agriculture should direct the Assistant Secretary for Civil Rights to assess the feasibility of receiving and reviewing concerns of sex discrimination—including sexual harassment—and communicating to individuals on agency-funded grants the option to notify the agency of these concerns, outside of the Title IX complaint process. (Recommendation 10)

Agency: Department of Agriculture
Status: Open

Comments: USDA agreed with this recommendation. According to the department's March 2020 formal comment letter, USDA is to direct the Office of the Assistant Secretary for Civil Rights (OASCR) to assess the feasibility of receiving and reviewing concerns of sex discrimination (including sexual harassment) and including language in agency-funded grants on the option to notify the agency of harassment issues outside of the Title IX complaint process. The Office of the Mission Area Liaison within OASCR will assess the feasibility of creating a tracking system to capture inquiries and concerns outside of the Title IX complaint process. If feasible, the system will serve as a risk assessment tool to identify issues, potential violations, trends, risks, and areas prime for focused compliance review, according to USDA's formal comment letter.

Recommendation: The Secretary of the Department of Health and Human Services should direct the Director for the Office for Civil Rights and the Director of NIH to develop and implement formal procedures for sharing relevant information about Title IX (compliance reviews, violations, and complaints) and sex discrimination concerns, including sexual harassment. For example, HHS components should internally share information regarding findings of Title IX violations, concerns of sex discrimination, including sexual harassment, and Title IX compliance review reports. (Recommendation 11)

Agency: Department of Health and Human Services: Office of the Secretary
Status: Open

Comments: HHS agreed with the recommendation. In its February 2020 formal comment letter, the department stated that the Office for Civil Rights and NIH will review the current procedure for sharing information, and development and implement (as necessary) formal procedures for sharing relevant information about Title IX and sexual harassment concerns. Furthermore, an action plan to address the recommendation will be provided in the department's 180-day letter response to Congress.

Recommendation: The Secretary of Energy should establish goals and an overall plan to assess all of the agency's sexual harassment prevention efforts for their university grantees, including methods to regularly monitor and evaluate its sexual harassment prevention policies and communication mechanisms (e.g. Title IX or sex discrimination websites). (Recommendation 12)

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

Comments: DOE agreed with the recommendation. In its February 2020 formal comment letter, the department stated that the Office of Civil Rights and Diversity will conduct research into best practices for harassment prevention efforts for university grantees and benchmark with other federal agencies. The estimated completion date for establishment of goals is January 31, 2021 and the estimated completion date for establishment of an overall plan is August 31, 2021.

Recommendation: The Secretary of the Department of Health and Human Services should establish goals and an overall plan to assess all of the agency's sexual harassment prevention efforts for their university grantees, including methods to regularly monitor and evaluate its sexual harassment prevention policies and communication mechanisms (e.g. Title IX or sex discrimination websites). (Recommendation 13)

Agency: Department of Health and Human Services: Office of the Secretary
Status: Open

Comments: HHS agreed with the recommendation. In its February 2020 formal comment letter, the department stated that NIH has created goals for all NIH grantee sexual harassment prevention efforts, as noted in GAO's report. NIH will develop a plan to assess progress towards achieving those goals, including methods to regularly monitor and evaluate policies and communication methods. To the extent Title IX enforcement and outreach efforts may prevent sexual harassment, the Office for Civil Rights will develop a plan for leveraging enforcement efforts and outreach communications to help HHS grantees implement prevention efforts. HHS will submit an action plan that fully address department efforts regarding this recommendation in its 180-day letter response to Congress.

Recommendation: The Administrator of NASA should establish goals and an overall plan to assess all of the agency's sexual harassment prevention efforts for their university grantees, including methods to regularly monitor and evaluate its sexual harassment prevention policies and communication mechanisms (e.g. Title IX or sex discrimination websites). (Recommendation 14)

Agency: National Aeronautics and Space Administration
Status: Open

Comments: NASA agreed with the recommendation. According to the agency's February 2020 formal comment letter, NASA accepts its responsibility to establish policies and communication mechanisms to help university grantees to prevent sexual harassment, and the agency is committed to ongoing monitoring and evaluation of these efforts. At the same time, NASA judges that the most effective way to discharge these responsibilities is to adopt the approach now being developed by the National Science and Technology Council. NASA will establish goals, plans, and methods pursuant to this recommendation by adopting the policies and approaches developed through the interagency process. The estimated completion is to be determined based on timelines and milestones established by the Office of Science and Technology Policy's Safe and Inclusive Research Environments Subcommittee Subcommittee.

Recommendation: The Director of NSF should establish goals and an overall plan to assess all of the agency's sexual harassment prevention efforts for their university grantees, including methods to regularly monitor and evaluate its sexual harassment prevention policies and communication mechanisms (e.g. Title IX or sex discrimination websites). (Recommendation 15)

Agency: National Science Foundation
Status: Open

Comments: NSF agreed with the recommendation. According to the agency's February 2020 formal comment letter, NSF is embarking on an assessment process to improve its policies and practices continually in order to achieve the goal of safe and inclusive research environments.

Recommendation: The Secretary of the Department of Agriculture should establish goals and an overall plan to assess all of the agency's sexual harassment prevention efforts for their university grantees, including methods to regularly monitor and evaluate its sexual harassment prevention policies and communication mechanisms (e.g. Title IX or sex discrimination websites). (Recommendation 16)

Agency: Department of Agriculture
Status: Open

Comments: USDA agreed with this recommendation. According to the department's March 2020 formal comment letter, USDA will consider developing language to include in university grantees' terms and conditions regarding allegations of sexual harassment. Additionally, the Office of the Assistant Secretary for Civil Rights (OASCR) will reach out to other agencies within the Title IX Quarterly Working Group to assess best practices for monitoring and evaluating sexual harassment prevention policies and communication mechanisms. Finally, USDA will increase its communication with university grantees and increase oversight through compliance reviews.

Recommendation: In consultation with DOE, HHS, NASA, NSF, and USDA, the Assistant Attorney General for the Department of Justice should direct the responsible Civil Rights Division sections to fully adopt two federal interagency leading practices—agree on agency's roles and responsibilities and develop mechanisms to monitor, evaluate, and report results of collaborative efforts, for its Quarterly Title IX STEM discussion group. (Recommendation 17)

Agency: Department of Justice: Office of the Assistant Attorney General for Administration
Status: Open

Comments: DOJ generally agreed with the recommendation. According to the department's February 2020 formal comment letter, the Civil Rights Division (CRT) is prepared to delineate agencies' roles and responsibilities within the Quarterly Title IX STEM Discussion Group and is willing to develop an enhanced process for evaluating, monitoring, and reporting on the group's collaborations in enforcing Title IX that is achievable within DOJ's current resource allocation, or if more resources become available.

Recommendation: The Administrator of FAA should direct the Aviation Workforce Steering Committee, as part of its ongoing efforts, to take steps to use existing FAA data and coordinate with other federal agencies to identify and gather the information it needs to measure progress and target resources toward its goal of promoting a robust, qualified, and diverse aviation maintenance workforce. For example, FAA could task a committee working group with developing and implementing ways to improve data sharing among federal agencies to inform decision-making on how to strengthen career pathways and better understand the supply and demand of certificated workers. (Recommendation 1)

Agency: Department of Transportation: Federal Aviation Administration: Office of the Administrator
Status: Open

Comments: DOT agreed with this recommendation. Specifically, the agency agreed that using existing data could potentially contribute to its efforts to develop the aviation maintenance workforce. DOT said it will ask the Aviation Workforce Steering Committee to consider using existing FAA data and to coordinate with other federal agencies regarding other potential data sources to support the FAA's aviation maintenance workforce goals. We will consider closing this recommendation when these and other efforts to address this recommendation are complete.

Recommendation: The Secretary of State should take additional steps to identify diversity issues that could indicate potential barriers to equal opportunity in its workforce. For example, State could conduct additional analyses of workforce data and of employee groups' feedback. (Recommendation 1)

Agency: Department of State
Status: Open

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

Recommendation: The SBA Administrator should assign and document clear roles, responsibilities, and reporting lines for headquarters offices' implementation of SBA's plan for addressing the White House Initiative on HBCUs in a timely manner. (Recommendation 1)

Agency: Small Business Administration
Status: Open

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

Recommendation: The Associate Administrator of the Office of Entrepreneurial Development should take and document steps to ensure that the office's reporting mechanisms collect the information needed to establish a baseline for, and also inform future monitoring and assessment of, efforts to support HBCUs. (Recommendation 3)

Agency: Small Business Administration
Status: Open

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

Recommendation: The Associate Administrators of the Office of Entrepreneurial Development and Office of Field Operations should communicate planned efforts to support HBCUs, including expectations, goals, and related measures, to the district offices and Small Business Development Centers with HBCUs in their service areas. (Recommendation 2)

Agency: Small Business Administration
Status: Open

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

Recommendation: The Attorney General should ensure that relevant DOJ offices update information about religious-based hate crimes on college campuses, practices to address them, and available DOJ resources to help colleges, campus law enforcement, and other stakeholders monitor and address these crimes. (Recommendation 1)

Agency: Department of Justice
Status: Open

Comments: DOJ has taken a number of steps to address this recommendation, including creating a campus-specific brochure that highlights the Community Relations Service's (CRS) hate crimes prevention and response resources for campus stakeholders. CRS is also in the process of developing a comprehensive guide with best practices for and tools to aid in the planning and implementation of Campus SPIRIT programs and a "spotlight" article for the Department's hate crimes website. DOJ noted that the Office of Community Oriented Policing Services (COPS) is developing hate crimes-specific training curriculum to provide technical assistance to law enforcement agencies, including those on campus. These are important steps to implement this recommendation, but because these resources are currently under development, this recommendation remains open.

Recommendation: The Attorney General should ensure that relevant DOJ offices share more information about available DOJ resources with colleges, campus law enforcement, and other stakeholders to help them monitor and address religious-based hate crimes on college campuses. (Recommendation 3)

Agency: Department of Justice
Status: Open

Comments: DOJ outlined steps it will take to work with campus-based law enforcement organizations such as the International Association of Campus Law Enforcement Administrators, the International Association of Chiefs of Police's University and College Police Section, and the National Association of Student Affairs Professionals. This includes participating in a conference in June 2020 and contacting the groups to increase awareness of its hate crimes website. GAO has requested documentation to demonstrate this outreach has occurred.

Recommendation: The Secretary of Commerce should update the department's environmental justice strategic plan. (Recommendation 1)

Agency: Department of Commerce
Status: Open

Comments: The department did not provide comments on our report or recommendation. We will continue to review the department's actions and provide updated information.

Recommendation: The Assistant Secretary of Defense for Sustainment should update the department's environmental justice strategic plan. (Recommendation 2)

Agency: Department of Defense: Office of the Secretary of Defense: Office of the Under Secretary of Defense for Acquisition and Sustainment: Office of the Assistant Secretary of Defense for Sustainment
Status: Open

Comments: In its comments on our report, the department agreed with this recommendation. We will continue to review the department's actions and provide updated information.

Recommendation: The Secretary of Education should update the department's environmental justice strategic plan. (Recommendation 3)

Agency: Department of Education
Status: Open

Comments: In its comments on our report, Education stated that we did not sufficiently account for the limitations on its legal authority to carry out environmental justice activities. Education also stated that it does not believe this is the most appropriate course of action for the department or an efficient use of resources. We believe that Education can develop a strategic plan within its existing authorities. We will continue to review the department's actions to implement the recommendation.

Recommendation: The Secretary of Homeland Security should update the department's environmental justice strategic plan. (Recommendation 4)

Agency: Department of Homeland Security
Status: Open

Comments: In comments on our report, the department agreed with this recommendation. We will continue to review the department's actions and update this information.

Recommendation: The Secretary of Housing and Urban Development should update the department's environmental justice strategic plan. (Recommendation 5)

Agency: Department of Housing and Urban Development
Status: Open

Comments: In comments on our report, the department neither agreed nor disagreed with this recommendation. We will continue to review the department's actions and update this information.

Recommendation: The Attorney General of the United States should update the department's environmental justice strategic plan. (Recommendation 6)

Agency: Department of Justice
Status: Open

Comments: In April 2020, the department agreed to review its environmental justice strategy and to revise it if needed. It also stated that as part of that review, it will consider any guidance issued by the Interagency Working Group on Environmental Justice (EJ IWG) concerning what agencies should include in environmental justice strategic plans. The department stated that it anticipated receiving such guidance by the end of 2020. We will continue to review the department's actions and update this 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 Administrator of the Small Business Administration should complete the agency's assessment of whether to participate in the 1994 Executive Order and the 2011 Memorandum of Understanding, and, if appropriate, develop an environmental justice strategic plan. (Recommendation 8)

Agency: Small Business Administration
Status: Open

Comments: In its comments on our report, the agency agreed with our recommendation. We will continue to review the agency's actions to update its progress in implementing the recommendation.

Recommendation: The Secretary of Veterans Affairs should update the department's environmental justice strategic plan. (Recommendation 9)

Agency: Department of Veterans Affairs
Status: Open

Comments: In April 2020, the department committed to updating its environmental justice strategic plan. It said that it will update its strategic plan pending the Environmental Protection Agency's (EPA) guidance on what agencies should include in their plans. It also set a goal of completing the update within 6 months of EPA's issuance of guidance. We will continue to review the department's actions and update this information.

Recommendation: The Secretary of Agriculture should issue a progress report on the department's environmental justice efforts each year. (Recommendation 10)

Agency: Department of Agriculture
Status: Open

Comments: In comments on our report, USDA agreed with our recommendation. We will continue to review the department's actions and provide updated information.

Recommendation: The Secretary of Commerce should issue a progress report on the department's environmental justice efforts each year. (Recommendation 11)

Agency: Department of Commerce
Status: Open

Comments: The department did not provide comments on our report or recommendation. We will continue to review the department's actions and provide updated information.

Recommendation: The Assistant Secretary of Defense for Sustainment should issue a progress report on the department's environmental justice efforts each year. (Recommendation 12)

Agency: Department of Defense: Office of the Secretary of Defense: Office of the Under Secretary of Defense for Acquisition and Sustainment: Office of the Assistant Secretary of Defense for Sustainment
Status: Open

Comments: In its comments on our report, the Department of Defense (DOD) disagreed with this recommendation. First, DOD stated that it had achieved the intent of Executive Order 12898 by including environmental justice considerations in its decision-making processes, primarily by using the environmental review process. Second, the department stated that it is bound by its mission with limited opportunities to change where the department operates. DOD stated that these reasons make it a significant challenge for the department to meet our recommendation and therefore does not see a tangible benefit to additional reporting. As we stated in our report, DOD would be reporting on goals that it set within its mission and authorities. We will continue to review DOD's actions to carry out this recommendation.

Recommendation: The Secretary of Education should issue a progress report on the department's environmental justice efforts each year. (Recommendation 13)

Agency: Department of Education
Status: Open

Comments: In its comments on our report, Education stated that we did not sufficiently account for the limitations on its legal authority to carry out environmental justice activities. Education also stated that it does not believe this recommendation is the most appropriate course of action for the department or an efficient use of resources. We believe that Education can develop a strategic plan within its existing authorities, and then it should report its progress on these activities annually. We will continue to review the department's actions to implement the recommendation.

Recommendation: The Secretary of Health and Human Services should issue a progress report on the department's environmental justice efforts each year. (Recommendation 14)

Agency: Department of Health and Human Services
Status: Open

Comments: In comments on our report, the department agreed with this recommendation. We will continue to review the department's actions and provide updated information.

Recommendation: The Secretary of Energy should issue a progress report on the department's environmental justice efforts each year. (Recommendation 15)

Agency: Department of Energy
Status: Open

Comments: In January 2020, Department of Energy officials stated that they had issued progress reports for fiscal years 2017 and 2018 and would issue progress reports annually after this point. We will review the department's reports in upcoming years to determine that it has carried out this recommendation.

Recommendation: The Secretary of Housing and Urban Development should issue a progress report on its environmental justice efforts each year. (Recommendation 16)

Agency: Department of Housing and Urban Development
Status: Open

Comments: In comments on our report, the department agreed with this recommendation. We will continue to review the department's actions and update this information.

Recommendation: The Secretary of the Interior should issue a progress report on the department's environmental justice efforts each year. (Recommendation 17)

Agency: Department of the Interior
Status: Open

Comments: In its comments on our report, the department agreed with our recommendation. We will continue to review the department's actions and update this information.

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 Secretary of Transportation should issue a progress report on the department's environmental justice efforts each year. (Recommendation 19)

Agency: Department of Transportation
Status: Open

Comments: In February 2020, the department stated that it partially agreed with this recommendation. It stated that it would update its progress reports as needed. As we stated in our report, leading practices for performance management indicate that annual performance reporting helps an agency to keep track of and achieve its goals. We will continue to review the department's actions and update this information.

Recommendation: The Secretary of Veterans Affairs should issue a progress report on the department's environmental justice efforts each year. (Recommendation 20)

Agency: Department of Veterans Affairs
Status: Open

Comments: In April 2020, the department committed to issuing annual progress reports. The department also stated that it will use EPA or Interagency Working Group (IWG) guidance on methods agencies could use to assess progress towards their environmental justice goals. It stated that it would begin issuing progress reports following issuance of such guidance and per reporting schedule established by the Environmental Justice IWG. We will continue to review the department's actions and update this information.

Recommendation: The Administrator of EPA, as chair of the working group, should develop guidance for agencies on what they should include in their environmental justice strategic plans. (Recommendation 21)

Agency: Environmental Protection Agency
Status: Open

Comments: In its comments on our report, EPA agreed with this recommendation. We will continue to review the agency's actions and update this information.

Recommendation: The Administrator of EPA, as chair of the working group, should develop guidance or create a committee of the working group to develop guidance on methods the agencies could use to assess progress toward their environmental justice goals. (Recommendation 22)

Agency: Environmental Protection Agency
Status: Open

Comments: In its comments on our report, EPA agreed with this recommendation. We will continue to review the agency's actions to update its progress in implementing this recommendation.

Recommendation: The Administrator of EPA, as chair of the working group, and in consultation with the working group, should clearly establish, in its organizational documents, strategic goals for the federal government's efforts to carry out the 1994 Executive Order. (Recommendation 23)

Agency: Environmental Protection Agency
Status: Open

Comments: In its comments on our report, EPA disagreed with this recommendation, but also stated that it would lead efforts to update the working group's fiscal year 2016-2018 Framework for Collaboration to include guidance for strategic plans, tracking progress toward goals, and defining alignment with the executive order. We believe that if the agency carries out these actions, it will meet the intent of the recommendation. We will continue to review the agency's actions to update its progress in implementing the recommendation.

Recommendation: The Administrator of EPA, as chair of the working group, and in consultation with the other working group members, should update the 2011 Memorandum of Understanding and renew the agencies' commitments to participate in the interagency collaborative effort and the working group. (Recommendation 24)

Agency: Environmental Protection Agency
Status: Open

Comments: In its comments on our report, EPA disagreed with this recommendation and stated that it should be combined with the recommendation to update the Environmental Justice working group's strategic documents. We believe the agency misunderstood the recommendation. As we stated in the report, we believe that the MOU needs to be updated to address the matter of participation by the members who signed it but do not participate. We will continue to review the agency's actions to update its progress in implementing this recommendation.

Recommendation: The Secretary of Homeland Security should develop performance metrics for the department's EEO program including a mechanism for tracking progress towards eliminating barriers. (Recommendation 1)

Agency: Department of Homeland Security
Status: Open

Comments: On August 18, 2020, DHS informed us that the work it is undertaking to respond to this recommendation is ongoing.

Recommendation: DHS component EEO Directors, in consultation with the Deputy Officer for EEO and Diversity, should develop policies and procedures to help ensure that their component EEO programs have action plans for addressing deficiencies in their Management Directive 715 (MD-715) reports. (Recommendation 2)

Agency: Department of Homeland Security
Status: Open

Comments: On May 11, 2020, DHS provided GAO with copies of standard operating procedures for addressing EEO program deficiencies for seven out of eight operational components as well as DHS headquarters. Each of the components' standard operating procedures require that action plans are in place to address any outstanding EEO program deficiencies.

Recommendation: The Deputy Officer for EEO and Diversity should develop a formal staffing model for its EEO program. (Recommendation 3)

Agency: Department of Homeland Security
Status: Open

Comments: On August 18, 2020, DHS informed us that the work it is undertaking to respond to this recommendation is ongoing.

Recommendation: DHS component EEO Directors, in collaboration with the Deputy Officer for EEO and Diversity, should develop component formal staffing models. (Recommendation 4)

Agency: Department of Homeland Security
Status: Open

Comments: On August 18, 2020, DHS informed us that the work it is undertaking to respond to this recommendation is ongoing.

Recommendation: The Secretary of Homeland Security—in consultation with the Office for Civil Rights and Civil Liberties (CRCL) and EEOC, and other agencies and components, as relevant—should analyze options for granting additional authorities to the Deputy Officer for EEO and Diversity to ensure DHS components comply with MD-715 guidance, including the authority of the Deputy Officer for EEO and Diversity to certify components' MD-715 reports. (Recommendation 6)

Agency: Department of Homeland Security
Status: Open

Comments: On August 18, 2020, DHS informed us that the work it is undertaking to respond to this recommendation is ongoing.

Recommendation: The Secretary of the Army should develop the capability to present servicemembers' race and ethnicity data in its investigations and personnel databases using the same categories of race and ethnicity established in the December 2018 uniform standards for the military justice databases, either by (1) modifying the Army's investigations and personnel databases to collect and maintain the data in accordance with the uniform standards, (2) developing the capability to aggregate the data into the race and ethnicity categories included in the uniform standards, or (3) implementing another method identified by the Army. (Recommendation 2)

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

Comments: DOD concurred with this recommendation. In October 2019, Army officials said that the Army was working to implement the uniform standards for race and ethnicity and the ability to aggregate the data, in accordance with the criteria established by the General Counsel of the Department of Defense on December 17, 2018. They expected to implement these categories in December 2020.

Recommendation: The Secretary of the Air Force should develop the capability to present servicemembers' race and ethnicity data in its investigations and personnel databases using the same categories of race and ethnicity established in the December 2018 uniform standards for the military justice databases, either by (1) modifying the Air Force's investigations and personnel databases to collect and maintain the data in accordance with the uniform standards, (2) developing the capability to aggregate the data into the race and ethnicity categories included in the uniform standards, or (3) implementing another method identified by the Air Force. (Recommendation 3)

Agency: Department of Defense: Department of the Air Force
Status: Open

Comments: DOD concurred with this recommendation. In October 2019, Air Force officials said that the Air Force was working to implement uniform standards for collection of military justice data and records in accordance with the criteria established by the General Counsel of the Department of Defense on December 17, 2018. They expected to implement these standards in December 2020.

Recommendation: The Secretary of the Navy should develop the capability to present servicemembers' race and ethnicity data in its investigations and personnel databases using the same categories of race and ethnicity established in the December 2018 uniform standards for the military justice databases, either by (1) modifying the Navy's investigations and personnel databases to collect and maintain the data in accordance with the uniform standards, (2) developing the capability to aggregate the data into the race and ethnicity categories included in the uniform standards, or (3) implementing another method identified by the Navy. (Recommendation 4)

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

Comments: DOD concurred with this recommendation. In October 2019, Navy officials said that the Navy was working to implement the uniform standards for race and ethnicity in their new case management system which was currently under development, and may implement changes to interface with Navy investigations and personnel databases. They expected to implement these changes in December 2020.

Recommendation: The Secretary of Homeland Security should ensure that the Commandant of the Coast Guard develops the capability to present servicemembers' race and ethnicity data in its investigations and personnel databases using the same categories of race and ethnicity established in the December 2018 uniform standards for the military justice databases, either by (1) modifying the Coast Guard's investigations and personnel databases to collect and maintain the data in accordance with the uniform standards, (2) developing the capability to aggregate the data into the race and ethnicity categories included in the uniform standards, or (3) implementing another method identified by the Coast Guard. (Recommendation 5)

Agency: Department of Homeland Security
Status: Open

Comments: DHS concurred with this recommendation. In May 2019, the Coast Guard stated that it would implement modifications to the Coast Guard's military justice database to support the tracking of race, ethnicity and gender information as part of a longer term initiative to capture all of the data elements required by the uniform standard adopted by the Department of Defense. They estimated this would be completed in September 2020.

Recommendation: The Secretary of Defense, in collaboration with the Secretaries of the military services and the Secretary of Homeland Security, should issue guidance that establishes criteria to specify when data indicating possible racial, ethnic, or gender disparities in the military justice process should be further reviewed, and that describes the steps that should be taken to conduct such a review. (Recommendation 7)

Agency: Department of Defense
Status: Open

Comments: DOD partially concurred with this recommendation, agreeing with the content, but requesting that we modify the recommendation to direct it to more appropriate entities. That change was made before the report was issued. In October 2019, DOD officials said that the department was exploring the feasibility of conducting relevant research to inform implementation of this recommendation. They said that this research will explore differences in military justice data, seek to identify potential factors that contribute to observed racial/ethnic disparities, and develop standardized tracking elements so trends can be monitored across DOD. They estimated that this research may be concluded in March 2021.

Recommendation: The Secretary of the Army should consider the feasibility, to include the benefits and drawbacks, of collecting and maintaining complete information for all nonjudicial punishment cases in one of the Army's databases, such as information on the servicemembers' race, ethnicity, gender, offense, and punishment imposed. (Recommendation 8)

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

Comments: DOD concurred with this recommendation. In October 2019, Army officials said that the Army was developing the capability to collect data of race, ethnicity, gender, offense and punishment imposed for nonjudicial punishments in accordance with the criteria established by the General Counsel of the Department of Defense on December 17, 2018. They expected to complete this action in December 2020.

Recommendation: The Secretary of the Navy should consider the feasibility, to include the benefits and drawbacks, of collecting and maintaining complete information for all nonjudicial punishment cases in one of the Navy's databases, such as information on the servicemembers' race, ethnicity, gender, offense, and punishment imposed. (Recommendation 9)

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

Comments: DOD concurred with this recommendation. In October 2019, Navy officials said that the Navy was refining its processes to standardize the documentation and reporting requirements of all nonjudicial punishment cases. They further stated that the Marine Corps currently has the ability to capture this information, but in two different systems that could be extracted and assimilated with any system as required. They expected to implement these changes in December 2020.

Recommendation: The Secretary of Homeland Security should ensure that the Commandant of the Coast Guard considers the feasibility, to include the benefits and drawbacks, of collecting and maintaining complete information for all nonjudicial punishment cases in one of the Coast Guard's databases, such as information on the servicemembers' race, ethnicity, gender, offense, and punishment imposed. (Recommendation 10)

Agency: Department of Homeland Security
Status: Open

Comments: DHS concurred with this recommendation. In May 2019, the Coast Guard stated that it would consider the feasibility of collecting and maintain complete information for all nonjudicial punishments cases through a military justice and personnel work group. The estimated completion date for this action was not yet determined.

Recommendation: The Secretary of Defense, in collaboration with the Secretaries of the military services and the Secretary of Homeland Security, should conduct an evaluation to identify the causes of any disparities in the military justice system, and take steps to address the causes of these disparities as appropriate. (Recommendation 11)

Agency: Department of Defense
Status: Open

Comments: DOD partially concurred with this recommendation, agreeing with the content, but requesting that we modify the recommendation to direct it to more appropriate entities. We made that change before the report was issued. In October 2019, DOD officials said that the department was exploring the feasibility of conducting a research project to delve into the differences in military justice data to inform implementation of this recommendation. They said that this research will explore differences in military justice data, seek to identify potential factors that contribute to observed racial/ethnic disparities, identify potential disparity indicators, and develop standardized tracking elements so trends can be monitored across DOD. They estimated that this research may be concluded in March 2021.

Recommendation: The FEMA Administrator should develop and publicize guidance for partners working to assist individuals who are older or have disabilities for requesting data and working with FEMA staff throughout the data sharing process to obtain Individual Assistance data, as appropriate. (Recommendation 1)

Agency: Department of Homeland Security: Directorate of Emergency Preparedness and Response: Federal Emergency Management Agency
Status: Open

Comments: DHS agreed with this recommendation and has plans to address it. Specifically, FEMA is developing new, enhanced templates, policies and guidance for field staff to facilitate data sharing with states and other partners. The agency also reported that it is expanding its Open FEMA datasets to provide more autonomous, self-service sharing of aggregated data to fulfill partner data needs when personally identifiable information data is not required. FEMA plans to publish data sharing guidelines on its web site by March 31, 2020 on how to obtain FEMA data to best service individuals who are older or have disabilities.

Recommendation: The FEMA Administrator should improve communication of registrants' disability-related information across FEMA programs, such as by developing an alert within survivor files that indicates an accommodation request. (Recommendation 3)

Agency: Department of Homeland Security: Directorate of Emergency Preparedness and Response: Federal Emergency Management Agency
Status: Open

Comments: FEMA disagreed with this recommendation, noting that it lacks specific funding to augment the legacy data systems that capture and communicate registration information. Also, FEMA began a long-term initiative in April 2017 to improve data management and exchange, and improve overall data quality and standardization. The agency expects the initiative to include the development of a modern, cloud-based data storage system with a data analytics platform that will allow analysts, decision makers, and stakeholders more ready access to FEMA data. After the completion of this initiative, FEMA expects that efforts to share and flag specific disability-related data will be much easier. Our recommendation, however, is not solely focused on system changes: other cost-effective ways may improve communication of registrants' disability-related information prior to implementing the system upgrades. For example, as noted in the report, FEMA officials handling different stages of the disaster assistance process may overlook disability-related needs recorded in the case file notes. FEMA could revise its guidance to remind program officials to review the notes to identify whether there is a record of any such needs. As FEMA moves ahead with its data improvement initiatives, we encourage it to consider and ultimately implement technology changes, such as developing an alert within files that indicates an accommodation request. Such improvements would be consistent with the recommendation and help improve communication across FEMA programs.

Recommendation: The FEMA Administrator should communicate to Regional Administrators and Regional Disability Integration Specialists a written plan for implementing its new disability integration staffing approach, consistent with the objectives established for disability integration. Such a plan should include an implementation timeline and details on staff responsibilities, which regions could use to evaluate staff performance. (Recommendation 5)

Agency: Department of Homeland Security: Directorate of Emergency Preparedness and Response: Federal Emergency Management Agency
Status: Open

Comments: DHS agreed with this recommendation, reporting that it is developing a project plan to implement the proposed staffing approach in the Regions. The plan will include implementation timelines, detailed roles and responsibilities for the proposed Disability Integration Advisor positions, a force structure for each Region, and recommendations to the Regional Administrator to establish performance metrics for the new positions that support the overall approach to disability integration. The plan will be presented to the Administrator for review and concurrence in 2019.

Recommendation: The FEMA Administrator should develop a plan for delivering training to FEMA staff that promotes competency in disability awareness. The plan should include milestones and performance measures, and outline how performance will be monitored. (Recommendation 6)

Agency: Department of Homeland Security: Directorate of Emergency Preparedness and Response: Federal Emergency Management Agency
Status: Open

Comments: FEMA agreed with this recommendation and has plans to improve disability competencies among FEMA staff, but it does not include training. Specifically, FEMA is developing a plan to include a disability integration competency in the position task books for all deployable staff, rather than through training. Position task books outline the required activities, tasks, and behaviors for each job, and serve as a record for task completion. The plan will also include a communications and outreach plan; milestones for measuring the effectiveness of the integration of this competency across the agency; and a monitoring plan and milestones to measure the overall integration of this competency across the deployable workforce. However, the plan doesn't cover how it will deliver training to promote competency in disability awareness among its staff, including milestones, performance measures, and how performance will be monitored.

Recommendation: The SBA Administrator or her designee should (1) develop a process for periodically reviewing Federal Procurement Data System-Next Generation (FPDS-NG) data to determine the extent to which agencies are awarding WOSB program set-asides under ineligible North American Industry Classification System (NAICS) codes and (2) take steps to address any issues identified, such as providing targeted outreach or training to agencies making awards under ineligible codes. (Recommendation 1)

Agency: Small Business Administration
Status: Open

Comments: In May 2019, SBA analyzed FPDS-NG data to review the use of ineligible NAICS codes in the WOSB program. SBA officials also noted that they plan to conduct these reviews on an ongoing basis. As part of their May 2019 analysis, SBA identified federal agencies that had used ineligible NAICS codes. As of October 2019, SBA officials said that they were taking steps, including drafting presentation materials, to provide training on NAICS codes to agencies and planned to present quarterly at the Small Business Procurement Advisory Council FY 2020 meetings. SBA officials also noted that they had also provided training on NAICS codes as part of its FY 2019 performance reviews of procurement centers.

Recommendation: The Secretary of Education should establish timeframes for providing states with additional information on allowable expenditures of funds reserved for pre-employment transition services. (Recommendation 1)

Agency: Department of Education
Status: Open

Comments: Education agreed with this recommendation and stated that it would establish projected timeframes for providing states with additional information on allowable expenditures for the provision of preemployment transition services. Education also stated that it intends to provide states with additional information in at least two forums before the end of calendar year 2018 and to review and analyze previous guidance provided to states on allowable expenditures.

Recommendation: The Secretary of Education should take additional steps to provide states assistance on updating and finalizing their interagency agreements with state educational agencies to include pre-employment transition services. These steps could include, for example, accelerating their efforts to discuss the benefits of finalizing interagency agreements, and reminding states of existing technical assistance resources pertaining to updating and finalizing interagency agreements. (Recommendation 2)

Agency: Department of Education
Status: Open

Comments: Education disagreed with this recommendation, in large part, because there is no statutory provision authorizing the agency to identify such states. Nevertheless, Education stated that it is taking some steps as part of its ongoing monitoring of the VR program to provide assistance to states that have not updated their interagency agreements. This is consistent with the intention of our recommendation but we believe more could be done. The agency also noted that it would continue to offer and provide technical assistance if it becomes known through the onsite monitoring of the VR program or through other means that states have not updated their interagency agreements between VR agencies and state educational agencies. In addition, its Rehabilitation Services Administration (RSA) and Office of Special Education Programs will provide information related to sources of technical assistance, as appropriate, to VR agencies and state educational agencies. While these steps may be helpful, given the number of states that have not updated and finalized their agreements and the length of time Education officials say they will take to complete this round of monitoring where Education asks state VR agencies about these agreements, additional action by Education may be needed to help states more efficiently and effectively coordinate services to students with disabilities.

Recommendation: The Secretary of Education should develop a written plan with specific timeframes and activities for identifying and disseminating best practices that address, as appropriate, implementation challenges for pre-employment transition services, such as those identified in this report. (Recommendation 3)

Agency: Department of Education
Status: Open

Comments: Education disagreed with this recommendation believing it is premature to develop a timeline for the dissemination of best practices. The agency stated that the identification of "best" practices, meaning those that are clearly supported by a body of evidence derived from valid and reliable research findings, is still emerging as states implement the requirements. Education stated that as RSA identifies best practices through its monitoring and technical assistance activities, it will, in collaboration with its Office of Special Education Programs, consider when and how best to disseminate this information to state VR and educational agencies. With regard to including specific timeframes and activities in a written plan, by detailing the specific steps Education is taking and plans to take along with the amount of time it expects them to take, Education would be better positioned to complete those steps in a timely manner and meet the statutory requirement that Education highlight best state practices and support state agencies.

Recommendation: The Commissioner of Education's Rehabilitation Services Administration should work with state VR agencies to determine whether and what additional information and assistance VR agencies may find helpful regarding on-demand training, such as online videos, to employers on disability issues. (Recommendation 1)

Agency: Department of Education
Status: Open

Comments: Education disagreed with this recommendation, noting that state VR agencies have the primary responsibility for determining how best to meet employers' needs, promote mainstream employment, and collaborate with other workforce programs in their states. Education recognized the importance of providing information and technical assistance to state VR agencies to help them serve employers, while stressing that it is a state matter how to best meet the training needs of employers. The agency did not provide an update in FY19.

Recommendation: The Commissioner of Education's Rehabilitation Services Administration should work with state VR agencies to determine how to most effectively disseminate information about the circumstances in which individuals who are employed may be eligible for career advancement services. (Recommendation 2)

Agency: Department of Education
Status: Open

Comments: Education disagreed with this recommendation, noting that state VR agencies have the primary responsibility for determining how best to meet employers' needs, promote mainstream employment, and collaborate with other workforce programs in their states. The agency recognized the importance of expanding career advancement opportunities for individuals with disabilities in accordance with the Rehabilitation Act as amended by WIOA. At the same time, Education said it is up to states to determine how to most effectively disseminate information about their services. Education noted it will continue to work with state VR agencies to determine what additional information may be necessary about the circumstances in which individuals who are employed may be eligible for career advancement services. The agency did not provide an update in FY19.

Recommendation: The Commissioner of Education's Rehabilitation Services Administration should work with state VR agencies to develop more complete information on when and how VR agencies should assess employment settings, including settings supported by the AbilityOne program, to determine if they meet the definition of competitive integrated employment. (Recommendation 3)

Agency: Department of Education
Status: Open

Comments: Education disagreed with this recommendation. The agency stated that it is a state matter to determine whether an employment location qualifies as an "integrated setting" for the purpose of the VR program, and that it is not Education's role to inform states as to when and how to make such determinations. Nevertheless, Education said it will continue to work with the states to determine if additional information would help them assess employment locations. The agency did not provide an update in FY19.

Recommendation: The Commissioner of Education's Rehabilitation Services 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 4)

Agency: Department of Education
Status: Open

Comments: Education neither agreed nor disagreed with this recommendation. Education said it believes that state workforce development agencies are in the best position to lead employer engagement efforts, but will continue to collaborate with other federal partners to provide technical assistance to states in this area, including examples of state- and local-level collaboration on employer engagement. The agency did not provide an update in FY19.

Recommendation: The Commissioner of Education's Rehabilitation Services Administration should, in setting the employer performance measurement approaches with DOL 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 5)

Agency: Department of Education
Status: Open

Comments: Education neither agreed nor disagreed with this recommendation. Education said it will work with DOL to ensure that state VR agencies' concerns are considered when the performance measure for effectiveness in serving employers is finalized. The agency did not provide an update in FY19.

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: As Education develops the required HBCU Capital Financing Program outreach plan, the Executive Director of the program should include in the plan (1) ways to increase outreach to individual HBCUs so that HBCU officials are informed of the program; (2) steps to coordinate directly with state university systems to specifically address state-level challenges to participation and share potential solutions to increase public HBCU participation; and (3) ways to further leverage the designated bonding authority in its efforts. (Recommendation 1)

Agency: Department of Education
Status: Open

Comments: Education identified steps it plans to take to address each of the three components we recommended. First, to increase outreach to individual HBCUs, Education stated it will send letters to presidents and chancellors of eligible HBCUs that are not yet participating, in addition to existing activities. Second, Education stated that it plans to use methods similar to those currently used to reach out to public HBCUs, depending on resources, to coordinate directly with state university systems. Third, Education noted it plans to explore ways to leverage the designated bonding authority to do so. Education also stated that an HBCU's ability to use the program depends on its financial strength, and government resources alone will not ensure financial strength among struggling institutions. We agree; however, it is important to make HBCUs aware of the resources available to them, particularly a federal program that was created to help address HBCUs' capital financing challenges. Education expects to complete these effort by February 28, 2020.

Recommendation: The Executive Director of the HBCU Capital Financing Program should lead an agency effort to analyze various Capital Financing Program loan modifications, including the effects of the loan deferments authorized in the 2018 Consolidated Appropriations Act as well as other potential modifications, to assess the potential benefits to HBCUs participating in the program, the potential cost of these options to the government, and their effect on the program's overall financial stability. (Recommendation 2)

Agency: Department of Education
Status: Open

Comments: Education partially agreed with this recommendation, commenting that it disagreed with the recommendation to the extent that it suggests a modification of loan terms. However, our recommendation does not endorse providing loan modifications to colleges but is focused on analyzing the costs and benefits of modifications authorized by law, as well as other potential modifications. Education noted it will continue to analyze loan modifications and develop cost estimates. Our report noted, however, that Education was not able to provide evidence of analysis it conducted on potential loan modifications. We continue to believe that analysis of costs and benefits is needed to determine whether additional loan modifications are necessary or beneficial for the program. The agency anticipates completing its efforts by December 2025.

Recommendation: The Department of Education's Assistant Secretary for Civil Rights should determine the extent to which Title IX coordinators at the K-12 level are aware of and using the tools recommended in OCR's existing guidance and any barriers preventing their use of this guidance, and use this information in OCR's efforts to encourage them to work with athletics administrators on ensuring equal athletic opportunities. (Recommendation 1)

Agency: Department of Education: Office for Civil Rights
Status: Open

Comments: In November 2018, the Office for Civil Rights sent an e-mail to its Regional Directors to inform them of GAO's report, remind them of the importance of coordination between Title IX coordinators and athletics administrators, and encourage them to look for opportunities in their investigations and compliance work to examine the role of Title IX coordinators at the K-12 level. Agency officials also said they sent a letter to Title IX coordinators reminding them of the tools available to them under Title IX. While these are important first steps, as we noted in our report, we continue to believe the systemic approach we recommended is necessary. We are working with Education to obtain updated information, and will close the recommendation if Education demonstrates that any of these steps results in obtaining new information about the extent to which K-12 Title IX coordinators are aware of and using existing Title IX tools, and any barriers they face in doing so, and that they have used this information to inform their work with Title IX coordinators.

Recommendation: The Chair of the EEOC should develop a timeline to complete the planned effort to clean Integrated Mission System data for a one-year period and add missing industry code data. (Recommendation 1)

Agency: Equal Employment Opportunity Commission
Status: Open

Comments: As part of an effort to overhaul its IMS data system, EEOC has begun developing an Employer Master List that will provide a source of employer information, including industry codes, but EEOC told us that it has not yet completed this effort. It anticipates this system will be more fully developed by spring 2020. It is important for EEOC to collect sufficient information through its Employer Master List and use it to analyze charge data by industry.

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 Attorney General should study the implementation of federal accessibility requirements in the context of early in-person voting and make any changes to existing guidance that are determined to be necessary as a result of the study. (Recommendation 1)

Agency: Department of Justice
Status: Open

Comments: The Department of Justice (DOJ) agreed with this recommendation and stated it would make any changes to existing guidance that it determines to be necessary as a result of the study. DOJ also outlined its efforts to enforce the protections for voters with disabilities found in federal law. As of October 2019, DOJ indicated that the agency planned to study these issues and has not made any changes to its guidance. We will consider closing this recommendation when the agency has completed these efforts.

Recommendation: The Chief Investment Officer of the Federal Retirement Thrift Investment Board should use key practices as appropriate to increase opportunities for MWO asset managers if and when implementing its mutual fund window platform. Specifically, the Chief Investment Officer should take actions to demonstrate top leadership commitment, remove potential barriers, conduct outreach to MWO firms, and communicate its priorities and expectations for an inclusive selection process to its staff and consultants if and when it begins to search for a mutual fund window platform. (Recommendation 2)

Agency: Federal Retirement Thrift Investment Board
Status: Open

Comments: The Federal Retirement Thrift Investment Board (FRTIB) did not concur with this recommendation. In July 2020, FRTIB officials told us they expect to award the mutual fund window contract in the last quarter of 2020 and that one of the goals in offering the mutual fund window is to ensure that Thrift Savings Plan participants have a variety of funds from which to choose. However, FRTIB has not changed its position on the recommendation. We continue to believe that the recommendation is valid and will monitor FRTIB's efforts to address it.

Recommendation: To ensure accountability for BIE school facility funds, the Secretary of the Interior should direct the Assistant Secretary--Indian Affairs to develop a comprehensive long-term capital asset plan to inform its allocation of school facility funds. Such a plan should include a prioritized list of school repair and maintenance projects with the greatest need for funding.

Agency: Department of the Interior
Status: Open

Comments: Interior agreed with this recommendation. In August 2017, Indian Affairs reported that its Office of Facilities, Property, and Safety Management was undergoing a reorganization to establish a work group focused on asset management and will continue to work with the Office of Management and Budget to develop a capital asset management plan. In October 2018, Indian Affairs provided a prioritized list of deferred maintenance projects for 2018 and documentation of its processes for prioritizing school deferred maintenance requirements and allocating one type of construction funding. They also provided a memorandum on facilities management communication and organizational roles and responsibilities and sample agendas and minutes from meetings regarding construction. Indian affairs did not provide a long term capital asset plan. We will continue to monitor Indian Affairs' efforts to implement this recommendation and await documentation on the actions it is taking to develop a capital asset plan. We will continue to monitor Indian Affairs' efforts to implement this recommendation and await documentation on the actions it is taking to develop a capital asset plan.

Recommendation: To ensure accountability for BIE school facility funds, the Secretary of the Interior should direct the Assistant Secretary--Indian Affairs to improve oversight and technical assistance to tribal organizations to enhance tribal capacity to manage major construction projects.

Agency: Department of the Interior
Status: Open

Comments: Interior agreed with this recommendation. In August 2017, Indian Affairs reported that its Division of Facilities Management and Construction will develop a project tracking and monitoring process for all projects above a certain monetary threshold. Additionally, Indian Affairs reported that this office will work with BIA and BIE officials to identify common challenges that tribes face in managing projects and provide appropriate technical assistance. In September 2018, Indian Affairs provided documentation of templates it had created for regional Indian Affairs officials to use in communicating with tribes and agendas for training presentations. Neither of these documents show any direct technical assistance to tribes or address oversight. We will continue to monitor Indian Affairs' efforts to implement this recommendation and await documentation on the actions it is taking to improve oversight and technical assistance to tribal organizations.

Recommendation: The Secretary of the Interior should direct the Assistant Secretary-Indian Affairs to assign responsibility to a specific office or official to develop and implement a plan to assess employees' safety training needs and monitor employees' compliance with Indian Affairs' safety training requirements.

Agency: Department of the Interior
Status: Open

Comments: Interior agreed with this recommendation. In early August 2017, Indian Affairs reported that BIA regional leadership, in collaboration with Indian Affairs' safety office, will develop and publish a safety training plan for all Indian Affairs employees with responsibilities for safety inspections. Additionally, Indian Affairs reported that BIA and BIE will develop and implement a policy to ensure that first-line supervisors monitor and report on whether employees have completed the training requirements. Indian Affairs reported a target date of January 31, 2020 for implementing this recommendation. In May 2018, Indian Affairs reported that it had completed a draft training plan and noted that it had been submitted to management for review. We requested copies of the training plan but as of August 2018, we had not been provided any. In April 2019, Indian Affairs provided documentation that it had developed and implemented a plan to assess all employees' safety training needs. In addition, agency officials reported that Interior's new training management system allows supervisors to track employees' completion of required safety training courses. However, the agency did not provide documentation that senior managers are overseeing employees' compliance with Indian Affairs' safety training requirements. In May 2020, Indian Affairs officials told us that they had developed a process to generate reports on personnel safety training compliance and would provide documentation demonstrating that such reports are shared with management to address training noncompliance. We will continue to monitor the agency's actions in this area.

Recommendation: To help ensure that NTTFI is able to provide quality information to support management and program oversight efforts, the Secretary of the Interior should direct the Assistant Secretary-Indian Affairs to coordinate with the Federal Highway Administration and tribal stakeholders and reexamine the need for road-description and condition data currently collected in the NTTFI and eliminate fields that do not serve an identified purpose.

Agency: Department of the Interior
Status: Open

Comments: In June 2019, Interior reported that the Bureau of Indian Affairs' (BIA) and Federal Highway Administration's (FHWA) efforts to coordinate with tribes and the Tribal Transportation Program Coordinating Committee (TTPCC) to address this recommendation were progressing. Established by federal regulations, TTPCC is the committee comprised of 24 tribal representatives that provides input and makes recommendations to the BIA and FHWA. According to Interior, TTPCC has identified data elements--14 of 54 data fields--to be considered for removal from NTTFI, and BIA and FHWA have held discussions with tribes concerning a draft plan to remove these identified data elements from NTTFI. Interior reported that tribal groups have posed no objections to the plan and that they anticipate the plan being implemented later in the year. We will continue to monitor actions to address this recommendation.

Recommendation: To help ensure that NTTFI is able to provide quality information to support management and program oversight efforts, the Secretary of the Interior should direct the Assistant Secretary-Indian Affairs to for fields determined to have continued relevance for management and program oversight take steps to improve the quality of these data by clarifying guidance in the NTTFI coding guide that tribes use to collect data and by providing additional guidance on steps needed to ensure that data are consistently reported.

Agency: Department of the Interior
Status: Open

Comments: In June 2019, Interior reported that a group of tribal users organized by the Bureau of Indian Affairs (BIA) and the Federal Highway Administration (FHWA) to review the NTTFI and the coding guide was progressing in its efforts to recommend updates to the coding guide. According to Interior, the group has made recommendations to the Tribal Transportation Program Coordinating Committee (TTPCC) on which data elements to remove from the NTTFI and for clarifying guidance in the coding guide, relevant to the data elements proposed to remain in the NTTFI. Interior anticipates that updates to the coding guide based on the group's recommendations will be completed in 2019. We will continue to monitor actions to address this recommendation.

Recommendation: To help ensure that NTTFI is able to provide quality information to support management and program oversight efforts, the Secretary of the Interior should direct the Assistant Secretary-Indian Affairs to establish a process to monitor data to facilitate timely and targeted corrections to missing or erroneous data.

Agency: Department of the Interior
Status: Open

Comments: Interior told us that, along with the Bureau of Indian Affairs (BIA) and Federal Highway Administration (FHWA), it has held several meetings with tribal users to identify missing or erroneous data in the NTTFI. For example, the meeting participants identified that data which were formerly but are no longer used in formulas to allocate federal funding to tribes are likely outdated and not useful. Further, recognizing that approximately 70 percent of NTTFI data reflects inventory and condition information of roads owned by non-BIA and non-tribal entities, such as state and local governments, the meeting participants determined that opportunities exist to work with these external entities to monitor data obtained from them to ensure that it is current and accurate for use and display in the NTTFI. As of June 2019, Interior said that, in anticipation of changes to the NTTFI format, its main actions to address this recommendation will be to coordinate with these external entities to monitor the data they provide to NTTFI to ensure it conforms to NTTFI's new format. We will continue to monitor actions to address this recommendation.

Recommendation: To improve the DMR, the Secretary of the Interior should direct the Assistant Secretary-Indian Affairs to develop a means to document when the level of service for each road section was last evaluated.

Agency: Department of the Interior
Status: Open

Comments: In June 2019 Interior reported that BIA had developed a data reporting process that incorporates use of a "time-stamp" to indicate when the level of service for a road section is evaluated. Interior said that it anticipates providing guidance on this process to BIA staff, tribes, and others that perform level of service road maintenance assessments so that they can implement the process in 2020. We will continue to monitor efforts to implement this recommendation.

Recommendation: To improve the DMR, the Secretary of the Interior should direct the Assistant Secretary-Indian Affairs to develop and maintain documentation supporting the unit costs of maintenance used to estimate maintenance needs.

Agency: Department of the Interior
Status: Open

Comments: In June 2019 Interior reported that the Bureau of Indian Affairs (BIA) had surveyed tribes to determine their capabilities for managing data related to road maintenance costs. Interior further reported that BIA was investigating the use of computer software for tracking road maintenance costs and developing estimates of maintenance needs. Interior said that it expects to complete actions to implement this recommendation in 2020. We will continue to monitor actions to address this recommendation.

Recommendation: To improve the DMR, the Secretary of the Interior should direct the Assistant Secretary-Indian Affairs to develop a process for more complete and accurate reporting occurring under existing authority of Road Maintenance Program funds expended for performed maintenance on BIA roads.

Agency: Department of the Interior
Status: Open

Comments: In its official comments on our report, Interior said that that it cannot reasonably accomplish this recommendation because, in reference to the tribes which have agreements with the Bureau of Indian Affairs (BIA) to maintain BIA roads in their area, it conflicts with the intent of federal law and the minimum-reporting requirements when a tribal entity takes over the day-to-day actions and tasks of a program. However, following our report's issuance, Interior told us that its actions to address other recommendations will assist the tribes in developing data on Road Maintenance Program (RMP) funds expended for performed maintenance on BIA roads. In addition, Interior said that tribes have expressed interest in gathering this data. Further, in June 2019, Interior reported that the Tribal-Interior Budget Council had approved a plan for a pilot project in the BIA Great Plains Region to gather data relevant to addressing this recommendation. Even though tribal reporting of this data is voluntary, we continue to believe that by coordinating with affected tribes on developing a process for their self-reporting of RMP funds expended for maintenance, and by implementing such a process for tribes that BIA serves directly, Interior could improve the reporting of maintenance performed on BIA roads and be better positioned to provide Congress with more accurate and complete information on RMP funding decisions. We will continue to monitor actions to address this recommendation.

Recommendation: To best align resources allocation decisions to needs, the Secretary of the Interior should direct the Assistant Secretary-Indian Affairs to review the formula to fund transportation at BIE schools and determine, with BIA and tribal stakeholders, what adjustments, such as distinguishing between gravel and paved roads, are needed to better reflect transportation costs for schools.

Agency: Department of the Interior
Status: Open

Comments: At the time of our report, Interior said that it concurred with this recommendation; however, it subsequently changed its position. Interior noted that its tribal and school partners have not requested changes to this formula and that it was therefore not compelled to undertake the rigorous consultation and negotiated rulemaking actions that would be needed to change the formula. As of June 2019, Interior has not acted to address this recommendation.

Recommendation: To increase beneficiaries' awareness of providers' financial interest in a particular treatment, Congress should consider directing the Secretary of Health and Human Services to require providers who self-refer IMRT services to disclose to their patients that they have a financial interest in the service.

Agency: Congress
Status: Open

Comments: In August 2013, to increase beneficiaries' awareness of providers' financial interest in a particular treatment, we suggested that Congress should consider directing the Secretary of Health and Human Services to require providers who self-refer IMRT services to disclose to their patients that they have a financial interest in the service. As of June 2020, Congress has not implemented this suggestion.

Recommendation: The Administrator of CMS should insert a self-referral flag on its Medicare Part B claims form, require providers to indicate whether the IMRT service for which a provider bills Medicare is self-referred, and monitor the effects that self-referral has on costs and beneficiary treatment selection.

Agency: Department of Health and Human Services: Centers for Medicare and Medicaid Services
Status: Open

Comments: In August 2013, we recommended that the Administrator of the Centers for Medicare & Medicaid Services (CMS) insert a self-referral flag on its Medicare Part B claims form, require providers to indicate whether the intensity-modulated radiation therapy (IMRT) service for which a provider bills Medicare is self-referred, and monitor the effects that self-referral has on costs and beneficiary treatment selection. The Department of Health and Human Services (HHS) did not concur with this recommendation, noting that CMS does not believe that this recommendation will address overutilization that occurs as a result of self-referral, would be complex to administer, and may have unintended consequences. We continue to believe that such a flag on Part B claims would likely be the easiest and most cost-effective way for CMS to identify self-referred IMRT services and monitor the effects of self-referral. As of June 2020, CMS has not provided any additional information about actions it has taken to address this recommendation.

Recommendation: To improve leadership's commitment to preventing and responding to incidents of sexual harassment, the Secretary of Defense should direct the Under Secretary of Defense for Personnel and Readiness to develop a strategy for holding individuals in positions of leadership accountable for promoting, supporting, and enforcing the department's sexual harassment policies and programs.

Agency: Department of Defense
Status: Open
Priority recommendation

Comments: DOD concurred with our recommendation and stated that leadership accountability is essential to the success of the department's efforts to prevent sexual harassment. In February 2018, DOD took action toward addressing this recommendation and released an update to DOD Instruction 1020.03, Harassment Prevention and Response in the Armed Forces, that directs the Director, Office of Diversity Management and Equal Opportunity (ODMEO), to ensure that DOD components' harassment prevention and response programs incorporate, at a minimum, compliance standards for promoting, supporting, and enforcing polices, plans, and programs. The updated instruction also directs the Commandant, Defense Equal Opportunity Management Institute (DEOMI), to tailor training materials to servicemember professional development levels and associated leadership duties and responsibilities. As of February 2020, DOD had not completed development of the compliance standards or training materials. We will monitor DOD actions on this issue.

Recommendation: To improve implementation of the department's sexual harassment policies and programs, the Secretary of Defense should direct the service secretaries to verify or track military commanders' compliance with existing requirements that commanders periodically determine their organizational health and functioning effectiveness by periodically assessing their equal opportunity climate through "command climate" assessments.

Agency: Department of Defense
Status: Open

Comments: DOD has updated its guidance on sexual harassment, including a requirement for sharing the results of command climate assessments with the next higher level of command, but has not yet implemented an oversight mechanism to verify and track commanders' compliance with requirements to conduct such assessments. DOD concurred with this recommendation and stated that it would implement the recommendation through revisions to its guidance. According to DOD, a 2013 memorandum from the Secretary of Defense on sexual assault prevention and response outlined requirements addressing leadership accountability for preventing sexual harassment. The memorandum included a requirement that the results of command climate surveys be provided to the next level up in the chain of command, and it directed service chiefs, through their respective military department secretaries, to develop methods to assess the performance of commanders in establishing command climates of dignity and respect. The Secretary of Defense also issued a memorandum addressing prevention and response of sexual harassment in 2014, and DOD updated its guidance on sexual harassment in 2015. In 2016, DOD stated that further revisions to guidance were forthcoming to provide a framework for oversight of sexual harassment. This framework, among other things, would address standards for holding leaders accountable for promoting, supporting, and enforcing sexual harassment policies. DOD issued a new DOD Instruction 1020.03, Harassment Prevention and Response in the Armed Forces, in February 2018 but has not implemented an oversight framework as of February 2020. We will continue to monitor DOD's actions.

Recommendation: To enhance oversight of the department's program to help prevent and to address incidents of sexual harassment involving servicemembers, the Secretary of Defense should direct the Under Secretary of Defense for Personnel and Readiness to ensure that the Office of Diversity Management and Equal Opportunity develops and aggressively implements an oversight framework to help guide the department's efforts. At a minimum, such a framework should contain long-term goals, objectives, and milestones; strategies to accomplish goals; criteria for measuring progress; and results-oriented performance measures to assess the effectiveness of the department's sexual harassment policies and programs. Such a framework should also identify and include a plan for ensuring that adequate resources are available to carry out the office's oversight responsibilities.

Agency: Department of Defense
Status: Open
Priority recommendation

Comments: DOD concurred with our recommendation and stated that as part of its revised guidance it proposed to strengthen and institutionalize the responsibilities and authorities needed for successful implementation of the department's sexual harassment policies. In February 2018, DOD took action toward addressing this recommendation and issued an update to DOD Instruction 1020.03, Harassment Prevention and Response in the Armed Forces, that directs the Director, Office of Diversity Management and Equal Opportunity, to ensure that DOD components' harassment prevention and response programs incorporate , at a minimum, (1) long-term goals, objectives, and milestones; (2) results-oriented performance measures to assess effectiveness; and (3) compliance standards for promoting, supporting, and enforcing policies, plans, and programs. As of February 2020, DOD has not developed and aggressively implemented an oversight framework, as we recommended. We will continue to monitor DOD's actions.

Recommendation: To support the triennial review program's goal of having grantees consistently meet more federal requirements, the Secretary of Transportation should direct the FTA to ensure that additional outcome and quality performance measures are balanced with the existing measures for assessing the timeliness of the triennial review program so that one priority is not emphasized at the expense of others.

Agency: Department of Transportation
Status: Open

Comments: Federal Transit Administration (FTA) anticipates adding a performance measurement, called reduction in repeat findings, that relates to assessing the quality of the review. This has been added to FTA's new Quality Review program focused on improving its Triennial Review program.