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: Congress should consider reassessing and determining the level of universal postal service the nation requires. (Matter for Consideration 1)

Agency: Congress
Status: Open

Comments: When we determine what steps the Congress has taken, we will provide updated information.

Recommendation: Congress should consider determining the extent to which USPS should be financially self-sustaining and what changes to law would be appropriate to enable USPS to meet this goal. (Matter for Consideration 2)

Agency: Congress
Status: Open

Comments: When we determine what steps the Congress has taken, we will provide updated information.

Recommendation: Congress should consider determining the most appropriate institutional structure for USPS. (Matter for Consideration 3)

Agency: Congress
Status: Open

Comments: When we determine what steps the Congress has taken, we will provide updated information.

Recommendation: The Chairman of the NMB should document NMB's authorizations for its use of cloud services approved through FedRAMP and submit the authorizations to the FedRAMP Program Management Office. (Recommendation 1)

Agency: National Mediation Board
Status: Open

Comments: NMB agreed with this recommendation and said it would take action to address it, completing these actions by the end of fiscal year 2020.

Recommendation: The Chairman of the NMB should update NMB's security policies and procedures to include FedRAMP's authorization requirements. (Recommendation 2)

Agency: National Mediation Board
Status: Open

Comments: NMB agreed with this recommendation and said it would take action to address it, completing these actions by the end of fiscal year 2020.

Recommendation: The Chairman of the NMB should develop a written plan to document NMB's process for reviewing and monitoring the agency's annual appropriation to ensure that funds are used effectively. (Recommendation 3)

Agency: National Mediation Board
Status: Open

Comments: NMB agreed with this recommendation. Agency officials said they would take action to address it, but did not provide a time frame for completion.

Recommendation: The Chairman of the NMB should establish a process for the Board to effectively monitor and evaluate NMB's adherence to audit protocols and implementation of actions to address audit recommendations. (Recommendation 4)

Agency: National Mediation Board
Status: Open

Comments: NMB agreed with this recommendation. Agency officials said they would take action to address it, but did not provide a time frame for completion.

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 Administrator of USAID should establish outcome-oriented performance measures to assess the effectiveness of USAID's reform projects. (Recommendation 1)

Agency: United States Agency for International Development
Status: Open
Priority recommendation

Comments: USAID concurs with this recommendation, and indicates it will establish a performance-monitoring plan.

Recommendation: The Administrator of USAID should ensure that the agency completes a strategic workforce plan necessary to support its reform efforts. (Recommendation 2)

Agency: United States Agency for International Development
Status: Open

Comments: USAID concurs with this recommendation. It affirmed is in the process of finalizing the strategic workforce plan that it will complete by September 30, 2019 and will submit the plan to Congress as directed. USAID stated it will also provide a framework to meet Congressionally-directed staffing levels across the Foreign Service and Civil Service.

Recommendation: The EPA Administrator should direct EPA officials responsible for appointing advisory committee members to follow a key step in its appointment process—developing and including draft membership grids in appointment packets with staff rationales for proposed membership—for all committees. (Recommendation 1)

Agency: Environmental Protection Agency
Status: Open

Comments: In September 2019, EPA restated its reasons for disagreeing with this recommendation. (EPA's rationale for disagreeing was originally stated in a June 2019 letter included in an appendix in our report.) We will provide updated information regarding this recommendation when it becomes available.

Recommendation: EPA's Designated Agency Ethics Official should direct EPA's Ethics Office, as part of its periodic review of EPA's ethics program, to evaluate—for example, through audits or spot-checks—the quality of financial disclosure reviews for special government employees appointed to EPA advisory committees. (Recommendation 2)

Agency: Environmental Protection Agency
Status: Open

Comments: In August 2019, EPA notified GAO that it expects to launch an electronic financial disclosure reporting system for special government employees in January 2021. Once financial disclosure forms for these individuals are available electronically, EPA's Ethics Office will be better positioned to audit or review the forms, according to EPA officials. In addition, the electronic filing system should minimize errors (e.g. failing to record the date that the form was received) made by filers and reviewers, according to EPA officials.

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

Agency: Department of Labor
Status: Open

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

Recommendation: Congress should consider legislation requiring comprehensive and timely information on political appointees serving in the executive branch to be collected and made publicly accessible. (Matter for Consideration 1)

Agency: Congress
Status: Open

Comments: As of April 2020, no bills have been introduced related to this matter. When we determine what steps the Congress has taken, we will provide updated information.

Recommendation: The Administrator of the Small Business Administration should implement procedures to track and verify that required employees complete initial ethics training and that completion of this training is documented. (Recommendation 1)

Agency: Small Business Administration
Status: Open

Comments: SBA officials provided documentation, including internal operating procedures for certifying and tracking initial ethics training, to support that they have taken initial steps to address our recommendation. In a letter dated September 13, 2019, SBA's Designated Agency Ethics Official stated that, since February 2019, SBA has used those procedures to document the provision of initial ethics training to political appointees. In that letter, SBA stated that it planned to provide additional documentation to GAO to support this action. When we receive this documentation, we will assess the implementation of SBA;s new procedures to confirm that, in operation, these procedures meet the intent of our recommendation.

Recommendation: The Secretary of the Interior should direct the Departmental Ethics Office, in conjunction with the Chief Human Capital Officer, to develop, document, and implement a strategic workforce planning process that aligns with its ongoing departmental reorganization and that is tailored to the specific needs of the ethics program. As part of this process, Interior should monitor and assess the critical skills and competencies that its ethics program needs presently and is projected to need in the future. (Recommendation 2)

Agency: Department of the Interior
Status: Open

Comments: In a letter dated September 10, 2019, Interior's Assistant Secretary for Policy, Management and Budget stated that Interior concurred with this recommendation and is in the process of reorganizing the Department's ethics program, including working with the Chief Human Capital Officer to develop and implement strategic workforce planning. Interior expects to complete this action by December 31, 2021. When we can confirm what actions Interior has taken in response to this recommendation, we will provide updated information.

Recommendation: The Secretary of the Interior should ensure that the department's ethics program policies and procedures are documented and easily accessible to program staff. (Recommendation 3)

Agency: Department of the Interior
Status: Open

Comments: In a letter dated September 10, 2019, Interior's Assistant Secretary for Policy, Management and Budget stated that Interior concurred with this recommendation and is in the process of developing ethics program policies and procedures. Interior expects to complete this action by December 31, 2021. Once finalized, Interior plans to make ethics program policies and procedures easily accessible to the program staff. When we can confirm what actions Interior has taken in response to this recommendation, we will provide updated information.

Recommendation: The Director of OPM, in consultation with the Chief Human Capital Officers (CHCO) Council, should establish and implement a process for regularly updating the performance management website to include all available guidance and resources, making this information easily accessible, and providing links to other related websites. (Recommendation 1)

Agency: Office of Personnel Management
Status: Open
Priority recommendation

Comments: OPM agreed with this recommendation. As of January 2020, OPM stated that they had identified available guidance and resources and updated the OPM Performance Management website. Additionally, OPM stated that they were establishing and documenting a process, which will be documented via standard operating procedures, to regularly update the performance management website with available guidance and resources. To fully address this recommendation, OPM needs to implement that process, which it indicated it plans to do by the end of fiscal year 2020.

Recommendation: The Director of OPM, in consultation with the CHCO Council, should develop and implement a mechanism for agencies to routinely and independently share promising practices and lessons learned, such as through allowing agencies to post such information on OPM's Performance Management portal. (Recommendation 2)

Agency: Office of Personnel Management
Status: Open
Priority recommendation

Comments: OPM agreed with this recommendation. As of January 2020, OPM stated that they had developed and implemented a mechanism for agencies to routinely and independently share promising practices and lessons learned on OPM's Performance Management Portal and would evaluate its effectiveness moving forward. To fully implement the recommendation. OPM stated they are continuing to engage agency stakeholders and evaluate the effectiveness of their efforts. OPM stated they plan to be able to to close this recommendation during fiscal year 2020.

Recommendation: The Director of OPM, in consultation with the CHCO Council, should develop a strategic approach for identifying and sharing emerging research and innovations in performance management. (Recommendation 3)

Agency: Office of Personnel Management
Status: Open
Priority recommendation

Comments: OPM agreed with this recommendation. As of January 2020, OPM stated that it is working with OMB, Cross-Agency Priority Goal Leaders, and other representatives from across government to develop a comprehensive strategic approach for identifying and sharing emerging research and innovations. According to OPM, the next working group meeting is scheduled for the summer of 2020. As of January 2020, OPM stated they are implementing certain strategic approaches for identifying and sharing emerging research and innovations in performance management. OPM stated they are also developing a white paper on agency reskilling efforts, likely focusing on engagement and retention, which would better position supervisors to engage in innovative performance management practices on a routine basis. OPM stated they aim to to close this recommendation by the end of the calendar year.

Recommendation: The Commissioner of CBP should revise policy or guidance to ensure documentation of required control activities in its case management system, such as legal review of adverse actions, and data verification (Recommendation 1).

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

Comments: In February 2020, CBP provided documentation of a data verification checklist used by its Office of Professional Responsibility for the Joint Integrity Case Management System. However, CBP also needs to develop a similar tool or method to verify case management data contained in its Human Resource Business Engine system. And to fully implement this recommendation, CBP needs to revise policy or guidance to ensure documentation of control activities (data verification and legal review of adverse actions) in its case management systems. We are continuing to follow-up on the actions taken by CBP to implement this recommendation.

Recommendation: The Commissioner of CBP should monitor the duration of all cases beginning-to-end by stage and by case type (Recommendation 4).

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

Comments: In October 2018, CBP told us that it is currently updating one of its case management systems to better monitor cases beginning-to-end by stage and by case type. Once implemented, CBP's Office of Professional Responsibility will develop an internal management report that includes information on caseload and associated timelines. The estimated completion date for this recommendation is September 30, 2019. As of September 2020, we are continuing to follow up with CBP on its actions to implement this recommendation.

Recommendation: The Commissioner of CBP should monitor the timeliness of misconduct cases according to established targets for management inquiries, administrative inquiries, and criminal and non-criminal investigations using case management system data (Recommendation 5).

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

Comments: In October 2018, CBP stated that it is currently updating one of its case management systems to better monitor the timeliness of misconduct cases according to established targets. Once updated, CBP's Office of Professional Responsibility will develop an internal management report that includes information on caseload and associated timelines. The estimated completion date for this recommendation is September 30, 2019. As of September 2020, we are continuing to follow up with CBP on its actions to implement this recommendation.

Recommendation: The Commissioner of CBP should define and document the case management system data fields to be used for monitoring all established performance targets and provide related guidance to staff (Recommendation 6).

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

Comments: In October 2018, CBP stated that its Office of Professional Responsibility will define the case management system data fields used to measure established performance targets, and it will provide the appropriate guidance to staff. The estimated completion date of this recommendation is September 30, 2019. As of September 2020, we are continuing to follow up with CBP on its actions to implement this recommendation.

Recommendation: The Director of ICE should require staff to document the investigative findings (case resolution codes) of management inquiries in the case management system (Recommendation 8).

Agency: Department of Homeland Security: United States Immigration and Customs Enforcement
Status: Open

Comments: In November 2018, ICE provided documentation of related communication provided to staff. However, this documentation did not include revised policy or guidance documents that requires staff to document the investigative findings in the employee misconduct case management system. As of September 2020, we are continuing to follow-up on ICE's actions to implement this recommendation.

Recommendation: The Director of ICE should modify ICE's annual self-inspection program to track the status of related corrective actions to ensure they are implemented in a timely manner (Recommendation 9).

Agency: Department of Homeland Security: United States Immigration and Customs Enforcement
Status: Open

Comments: In October 2018, ICE stated that it is revising its policy for its self-Inspection program to track the status of related corrective actions. ICE also stated that it will review three program offices for compliance with these revised policies and procedures during fiscal year 2019. The estimated completion date of this recommendation is June 28, 2019. As of September 2020, we are continuing to follow-up on ICE's actions to implement this recommendation.

Recommendation: The Director of ICE should monitor the duration of all cases beginning-to-end by stage and by case type (Recommendation 10).

Agency: Department of Homeland Security: United States Immigration and Customs Enforcement
Status: Open

Comments: In October 2018, ICE stated that beginning in fiscal year 2019, a project team will develop the capability to monitor the duration of all employee misconduct cases beginning-to-end by stage and by case type. The estimated completion date of this recommendation is June 28, 2019. As of September 2020, we are continuing to follow-up on ICE's actions to implement this recommendation.

Recommendation: The Director of ICE should monitor the timeliness of misconduct cases according to established targets for management inquiries and Employee Relations specialist review of proposal and decision of disciplinary outcomes using case management system data (Recommendation 11).

Agency: Department of Homeland Security: United States Immigration and Customs Enforcement
Status: Open

Comments: In October 2018, ICE stated that its Office of Professional Responsibility developed guidance regarding established targets for the completion of management inquiries and will distribute the guidance to applicable staff. ICE also stated that it is developing timeliness targets for Employee Relations specialist review of proposals and decisions of disciplinary outcomes and will also distribute this guidance to applicable staff. The estimated completion date for this recommendation is June 28, 2019. As of September 2020, we are continuing to follow-up on ICE's actions to implement this recommendation.

Recommendation: The Director of ICE should define and document the case management system data fields and methodology to be used for monitoring all established performance targets and provide related guidance to staff (Recommendation 12).

Agency: Department of Homeland Security: United States Immigration and Customs Enforcement
Status: Open

Comments: In October 2018, ICE stated that it will work to define and document the case management system data fields and methodology to be used for monitoring all established performance targets and will provide related guidance to applicable staff. The estimated completion date for this recommendation is June 28, 2019. As of September 2020, we are continuing to follow-up on ICE's actions to implement this recommendation.

Recommendation: The Administrator of TSA should monitor the duration of all cases beginning-to-end by stage and case type (Recommendation 16).

Agency: Department of Homeland Security: Transportation Security Administration
Status: Open

Comments: In September 2020, TSA provided documentation of internal reports that measure duration. However, the reports do not provide management information on the duration of all case types from beginning-to-end and, by stage. TSA needs to provide evidence that it monitors the duration of all cases, including a description of which process stages are measured and which data fields are used to measure the total duration from beginning-to-end and by stage. We are continuing to follow up on the actions taken by TSA to implement this recommendation.

Recommendation: The Administrator of TSA should monitor the timeliness of misconduct cases according to established targets for management inquiries (fact finding) and administrative inquiries, and the proposal and decision stages, using case information system data (Recommendation 17).

Agency: Department of Homeland Security: Transportation Security Administration
Status: Open

Comments: In September 2020, TSA provided evidence of reports it uses to measure duration. However, these reports do not show how TSA performs with regards to established targets. TSA needs to provide evidence of how it monitors the timeliness of all established targets , including which specific data fields are used to measure these targets. We are continuing to follow up on the actions taken by TSA to implement this recommendation.

Recommendation: The Administrator of TSA should define and document the case management system data fields and methodology to be used for monitoring all established performance targets and provide related guidance to staff (Recommendation 18).

Agency: Department of Homeland Security: Transportation Security Administration
Status: Open

Comments: In May 2019, TSA provided guidance to its staff related to monitoring performance targets. However, these documents do not specify which system data should be used as part of the methodology for monitoring all established performance targets. TSA needs to provide documentation of guidance to staff that defines and documents all the specific case management system data field names (in the various databases, as applicable) and methodology staff should use to monitor all established timeliness targets. We are continuing to follow up on the actions taken by TSA to implement this recommendation.

Recommendation: The Director of OPM, after consultation with the chief human capital officer (CHCO) Council, should explore the feasibility of improving the quality of data on employee misconduct by providing additional guidance to agencies on how to record instances of misconduct in OPM's databases. (Recommendation 1)

Agency: Office of Personnel Management
Status: Open

Comments: OPM disagreed with this recommendation and cautioned against creating a comprehensive catalog of forms of misconduct because such an approach could expose agencies to the argument that any conduct that was not captured by OPM is not a permissible basis for discipline. In January 2020, OPM stated they are compiling disciplinary data collected from agencies under Executive Order 13839 and anticipate the data will be posted in the near future on OPM.gov.

Recommendation: The Director of OPM, after consultation with the CHCO Council, should broadly disseminate to agencies the promising practices and lessons learned, such as those described in this report, as well as work with agencies through such vehicles as the CHCO Council, to identify any additional practices. (Recommendation 2)

Agency: Office of Personnel Management
Status: Open
Priority recommendation

Comments: OPM partially agreed with this recommendation. In December 2018, OPM stated that it plans to continue to use promising practices and to issue guidance on progressive discipline and tables of penalties. On July 2, 2019, OPM restated it partially concurs with this recommendation. OPM stated that it issued a guidance memorandum to Federal agencies on October 10, 2018, to aid in the implementation of Executive Order 13839, section 5, Ensuring Integrity of Personnel Files. As of January, 2020, OPM stated they are finalizing compiling disciplinary data collected from agencies under that Executive Order and anticipates it will be posted in the near future on OPM.gov. OPM also stated they are in the process of updating online employee relations training to be made available to human resources practitioners and managers later this year.

Recommendation: The Director of OPM, after consultation with the CHCO Council, should provide guidance to agencies to enhance the training received by managers/supervisors and human capital staff to ensure that they have the guidance and technical assistance they need to effectively address misconduct and maximize the productivity of their workforces. (Recommendation 3)

Agency: Office of Personnel Management
Status: Open
Priority recommendation

Comments: OPM partially agreed with this recommendation. On September 17, 2019, OPM published a proposed rule pertaining to probationary periods, performance-based actions, and adverse actions. The public comment period for this proposed rule closed on October 17, 2019. As of January 2020, OPM said they received comments from 1,199 individuals. OPM stated that they are reviewing, analyzing, and adjudicating all comments received in order to prepare a final rule later in 2020. Once the final rule is published, OPM stated they will work with the CHCO Council to educate supervisors on the new rule in accordance with Executive Order 13839.

Recommendation: The Secretary of Defense should ensure that the Defense Laboratories Office routinely obtain and monitor defense laboratory hiring data to improve the oversight of the defense laboratories' use of hiring authorities. (Recommendation 1)

Agency: Department of Defense
Status: Open

Comments: DOD concurred with our recommendation and cited steps the department was and would be taking to improve oversight and coordination of the defense laboratories' hiring efforts. In June 2018, DOD acknowledged receipt of our final report and stated that the department's overall position on the report had not changed. We will provide further updates once additional information is received.

Recommendation: The Secretary of Defense should ensure that the Defense Laboratories Office develop performance measures to evaluate the effectiveness of the defense laboratories' use of hiring authorities as part of the labs' overall hiring to better inform future decision making about hiring efforts and policies. (Recommendation 2)

Agency: Department of Defense
Status: Open

Comments: DOD concurred with our recommendation and cited steps the department was and would be taking to improve oversight and coordination of the defense laboratories' hiring efforts. In June 2018, DOD acknowledged receipt of our final report and stated that the department's overall position on the report had not changed. We will provide further updates once additional information is received.

Recommendation: The Secretary of Defense should ensure that the Defense Laboratories Office, in collaboration with the Under Secretary of Defense for Personnel and Readiness and the Laboratory Quality Enhancement Panel's Personnel Subpanel, establish and document time frames for its coordination process to direct efforts across the relevant offices and help ensure the timely approval and implementation of hiring authorities. (Recommendation 3)

Agency: Department of Defense
Status: Open

Comments: DOD concurred with our recommendation and cited steps the department was and would be taking to improve oversight and coordination of the defense laboratories' hiring efforts. In June 2018, DOD acknowledged receipt of our final report and stated that the department's overall position on the report had not changed. We will provide further updates once additional information is received.

Recommendation: The Chairman of the National Mediation Board should develop and execute a plan to address the rail arbitration case backlog. (Recommendation 1)

Agency: National Mediation Board
Status: Open

Comments: NMB agreed with this recommendation and stated that it is examining the growing arbitration backlog and investigating steps the Board may take to reduce it. In particular, the agency noted that it is discussing proposals with stakeholders and formulating a plan to reduce the backlog in 2018.

Recommendation: The Chairman of the National Mediation Board should develop and implement policies for approval and monitoring of employee requests for outside employment and other outside activities to prevent violations of ethics rules, consistent with Office of Government Ethics standards of conduct and federal internal control standards. (Recommendation 2)

Agency: National Mediation Board
Status: Open

Comments: NMB agreed with this recommendation. The agency stated that it has taken significant steps to investigate this matter and has established new controls in order to prevent this type of activity in the future, including establishing a relationship with the IG of the National Labor Relations Board to operate a telephone hotline and email address for the reporting of suspected fraud, waste and abuse at NMB.

Recommendation: The Chairman of the National Mediation Board should complete and take actions on the organizational climate assessment and survey results as a means to address employee concerns. (Recommendation 3)

Agency: National Mediation Board
Status: Open

Comments: NMB agreed with this recommendation. The agency stated that the Board is concerned that the 2017 Federal Employee Viewpoint Survey revealed a level of dissatisfaction among NMB employees. It plans to conduct an Internal Climate Assessment in 2018 and agency looks forward to the opportunity to better understand and address any employee concerns.

Recommendation: The Chairman of the National Mediation Board should revise NMB's travel policy and develop appropriate internal controls to ensure compliance with federal requirements for travel. (Recommendation 4)

Agency: National Mediation Board
Status: Open

Comments: NMB agreed with this recommendation. The agency stated that it is in the process of reviewing the current travel policy, and will revise the policy to be in compliance with federal travel regulations as necessary.

Recommendation: The Chairman of the National Mediation Board should revise NMB's telework policy and develop appropriate internal controls to ensure compliance with federal requirements for telework. (Recommendation 5)

Agency: National Mediation Board
Status: Open

Comments: NMB agreed with this recommendation and stated that it will revise its telework policy and strengthen internal controls, as necessary.

Recommendation: The Director of the USMS should develop and implement a mechanism to provide specific feedback to employees on the results of the promotion process, including their readiness for promotion. (Recommendation 2)

Agency: Department of Justice: United States Marshals Service
Status: Open

Comments: USMS concurred with this recommendation and said that it is taking steps to implement it. In August 2018, USMS began providing feedback reports to employees completing the redesigned competency assessment process, which include detailed breakouts of scores by competency. However, these reports do not contain specific feedback, including the employee's readiness for promotion. As of June 2019, USMS is finalizing plans to provide training to employees on the GS-13 and GS-14 competencies. As of August 2020, USMS is building development programs and computer-based courses for each grade level, including GS-13 and GS-14. To fully address this recommendation, USMS should provide information on efforts or plans to provide specific feedback to employees, including on their readiness for promotion, and provide final training plans.

Recommendation: The Associate Director of Merit System Accountability and Compliance should ensure that OPM's finalized records schedule on retaining conversion case files specifically lists all documentation that must be saved in its case files. (Recommendation 1)

Agency: Office of Personnel Management
Status: Open

Comments: In response to our recommendation, OPM drafted a retention schedule for its pre-appointment review case files. As of June 2019, according to OPM, National Archives and Records Administration (NARA) was in the process of reviewing the draft retention schedule. Once NARA approves and OPM finalizes the schedule, OPM will be better able to maintain complete documentation to justify conversion request decisions and ensure such documentation is available for subsequent review. On July 8, 2020, OPM informed us it is getting closer to fully responding to this recommendation and providing us with appropriate documentation to support is efforts.

Recommendation: To improve VA's ability to accurately track employees' use of official time, the Secretary of Veterans Affairs should direct the Assistant Secretary for Human Resources and Administration to increase efforts to ensure timekeepers at all facilities receive training and consistent guidance on recording official time in VATAS.

Agency: Department of Veterans Affairs
Status: Open

Comments: VA stated that the Office of Labor Management Relations (LMR) revised its policy in December 2016 to include specific directions to human resource offices to begin recording official time in the VA Time and Attendance System (VATAS) once VATAS has been implemented at their respective facilities. The formal concurrence process, which precedes the final publication of the policy, is ongoing. We will consider closing this recommendation when the agency provides documentation of the revised policy.

Recommendation: To improve VA's ability to accurately track employees' use of official time, the Secretary of Veterans Affairs should direct the Assistant Secretary for Human Resources and Administration to standardize the methods used by facilities for determining the amount of official time used prior to the agency-wide implementation of VATAS by encouraging facilities to rely on time and attendance records when calculating the amount of official time used at the facility level.

Agency: Department of Veterans Affairs
Status: Open

Comments: VA stated that the Office of Human Resources and Administration is in the process of developing a memo directing facilities to rely on time and attendance records when calculating the amount of official time used at the facility level. We will consider closing this recommendation when the agency has provided documentation that they have completed this effort.

Recommendation: To improve VA's ability to accurately track employees' use of official time, the Secretary of Veterans Affairs should direct the Assistant Secretary for Human Resources and Administration to, in preparation for the full implementation of VATAS, take steps to transition from using the LMR system to VATAS to collect and compile information on the amount of official time used agency-wide.

Agency: Department of Veterans Affairs
Status: Open

Comments: VA stated that the Office of Labor Management Relations (LMR) will transition from using the LMR Official Time Tracking System to collect and compile data on official time and will coordinate with the Financial Services Center to use VATAS to create a report on the agency-wide use of official time. VA is still in the process of rolling out VATAS and standardizing the input of official time requests within VATAS. We will consider closing this recommendation when the agency has demonstrated efforts to use VATAS for capturing the use of official time and producing reports.

Recommendation: To help ensure the accuracy of MSPB's reporting on whistleblower appeals received and closed, the Chairman of MSPB should update MSPB's data entry user guide to include additional guidance and procedures to help improve the identification of appropriate whistleblower appeal closing codes to use.

Agency: Merit Systems Protection Board
Status: Open

Comments: MSPB is finalizing finalized expanded guidance and procedures on coding whistleblower data. MSPB is committed to ensuring that procedures are in place for identifying and using appropriate whistleblower codes; however, MSPB is limited by its various legacy applications with regard to the improvements related to data entry that can be implemented at this time. MSPB currently is in the process of designing new core business applications that will incorporate appropriate data quality, integrity, and accountability measures to further improve its data management practices. Until the new case management system is in production in FY 2020 or early FY 2021, MSPB remains committed to utilizing the resources necessary to ensure the accuracy of its reported data. To achieve this objective, experienced attorneys reviewed, validated, and, where necessary, corrected agency whistleblowing data prior to public release in FY 2016, FY 2017, and FY 2018. MSPB is committed to this extra layer of review for FY 2019, and will continue to evaluate how to achieve this objective given other workload and available resources. According to MSPB it expects additional progress on its efforts by July 2020.

Recommendation: To help ensure the accuracy of MSPB's reporting on whistleblower appeals received and closed, the Chairman of MSPB should add a quality check in MSPB's data analysis and reporting process to better identify discrepancies or other anomalies in data queries and the resulting datasets.

Agency: Merit Systems Protection Board
Status: Open

Comments: MSPB stated that it completed drafting the data integrity study mentioned in our previous response, looking at the current processes and integrity of case-related data as a whole throughout the agency. As explained above and highlighted in MSPB's FY 2018 Annual Report, MSPB's initiative to design and configure new core business applications currently is underway, and the findings in the study are integral to incorporating the appropriate data integrity processes, including quality checks and controls, into these new applications. According to MSPB it expects additional progress on its efforts by July 2020.

Recommendation: To help strengthen the government's ability to compete in the labor market for top talent, and to improve the federal hiring process, the Director of OPM, in conjunction with the CHCO Council, should use this information to determine whether opportunities exist to refine, consolidate, eliminate, or expand agency-specific authorities to other agencies and implement changes where OPM is authorized, including seeking presidential authorization (as necessary) in order to do so. In cases where legislation would be necessary to implement changes, OPM should work with the CHCO Council to develop legislative proposals.

Agency: Office of Personnel Management
Status: Open
Priority recommendation

Comments: OPM agreed with this recommendation and has taken actions to address it since GAO's August 2016 report. In April 2019, OPM issued final regulations implementing changes to direct hire authority to provide certain agencies with the ability to hire urgently needed information technology professionals more quickly. It also plans to provide in-person support to the Chief Human Capital Office council, Chief Information Officers Council, and human resources professionals and managers on how to use this new authority. In its fiscal year 2021 Congressional Budget Justification released on February 10, 2020, OPM noted that it was seeking to improve hiring by using flexibilities that exist within current authority. These include, for example, noncompetitive term-limited appointments of highly qualified experts, expansion of term/temporary hiring authorities, and limited noncompetitive hiring of students and recent graduates. However, some of these plans were initially introduced in the prior year's justification and progress continues to be unclear. Additionally, OPM said that it is currently reassessing administration priorities and was unable to provide further updates. While OPM has made some progress in this area, it will be important for the agency to prioritize and follow through on its planned actions to streamline hiring authorities. Expanding access to hiring authorities found to be highly efficient and effective while eliminating those found to be less effective would help simplify and improve the federal hiring process.

Recommendation: To help ensure HHS has reliable data on SGEs not serving on federal boards, the Secretary of HHS should take steps to improve the reliability of data on SGEs not serving on boards. For example, the agency could reconcile human capital data with general counsel and ethics office data, or issue clarifying guidance to human capital staff on appropriately identifying SGEs in human capital databases.

Agency: Department of Health and Human Services
Status: Open

Comments: In October 2016, HHS submitted its action plan to address GAO's recommendations. At that time, HHS stated the agency was reviewing its internal policies and procedures related to the hiring of special government employees not serving on boards to identify policy options that might improve data reliability. In January 2017, the Office of Government Ethics issued its Ethics Program Review of HHS and commented on ongoing and planned efforts by HHS to address challenges associated with identifying Special Government Employees who do not serve on federal advisory committees. Ongoing efforts include internal coordination between the Office of General Counsel-Ethics Division and human resource officials to implement new requirements based on 5 CFR part 2638. We are following up with HHS to determine the status of actions on the new requirements. As of September 2019, HHS has not responded to our requests for an update on their actions to respond to this recommendation. In May 2020, HHS noted that its Office of Human Resources has been responding to the COVID-19 pandemic and therefore has not been able to provide an update on this recommendation. HHS expects to provide us with an update in July 2020. We contacted the agency for an update and are awaiting a response as of September 1, 2020.

Recommendation: To better ensure that FBI whistleblowers have access to recourse under DOJ's regulations should the individuals experience retaliation, and to minimize the possibility of discouraging future potential whistleblowers, the Attorney General should clarify in all current relevant DOJ guidance and communications, including FBI guidance and communications, to whom FBI employees may make protected disclosures and, further, explicitly state that employees will not have access to recourse if they experience retaliation for reporting alleged wrongdoing to someone not designated in DOJ's regulations.

Agency: Department of Justice
Status: Open
Priority recommendation

Comments: In response to our report, in December 2016, Congress passed and the President signed the FBI Whistleblower Protection Enhancement Act of 2016, Pub. L. No. 114-302, which, among other things, provides a means for FBI employees to obtain corrective action for retaliation for disclosures of wrongdoing made to supervisors and others in the employees' chain of command. Following this, the FBI worked closely with the Department of Justice's Office of Inspector General (DOJ-OIG) to develop a training that clearly identifies to whom FBI employees may make protected disclosures. In addition, the FBI issued an aligned policy directive and two fact sheets detailing whistleblower rights. In October 2018, a DOJ official reported to us that the department was in the process of updating its regulations and, in February 2020, DOJ officials confirmed that the updated regulation was in the departmental clearance process but they could not provide an estimate for when it would be finalized. As a result, as of February 2020, DOJ's regulations have not been updated and are inconsistent with the current statute and FBI's guidance and training; as such, the problem of unclear or conflicting guidance to FBI employees still needs to be addressed. To address this recommendation, DOJ would need to update its regulations and ensure that all relevant guidance is clear and consistent across the department.

Recommendation: To help ensure that the respective DHS and DOD data systems contain sufficiently complete and accurate information to facilitate effective oversight of the personnel security clearance revocation and appeal process, the Secretary of Defense should direct the Under Secretary of Defense for Intelligence to take steps to ensure that data are recorded and updated in the Joint Personnel Adjudication System (JPAS) and the department's new systems, so that the relevant fields are filled.

Agency: Department of Defense
Status: Open

Comments: DOD concurred with our recommendation. As of November 2019, DOD requested to close this recommendation per a closure memo signed by Ms. Nancy Spaulding. We are awaiting further documentation supporting the closure of this recommendation.

Recommendation: To help ensure independence and the efficient use of resources, the Secretary of Defense should direct the DOD General Counsel to first, resolve the disagreement about the legal authority to consolidate the PSABs (Personnel Security Appeals Board) and, in collaboration with the PSABs and the Under Secretary of Defense for Intelligence, address any other obstacles to consolidating DOD's PSABs.

Agency: Department of Defense
Status: Open

Comments: DOD partially concurred with our recommendation. DOD agreed with us to review legal or other impediments to consolidation, and stated that the DOD Office of General Counsel will address any unresolved disagreements about legal authority for consolidation of PSABs. DOD further commented that the DOD Office of General Counsel will work closely with the Office of the Under Secretary of Defense for Intelligence to address other issues concerning consolidation of PSABs. However, DOD commented that some DOD components disagreed with PSAB consolidation. Specifically, DOD stated that of the eleven components that provided responses to the draft report, eight concurred or had no issues or comments, while the remaining three components noted that the PSABs should remain at the component level and not be consolidated. As of July 2018, DOD stated that the DOD Office of General Counsel is conducting an ongoing review, with all legal opinions contingent upon a USD(I) funded PERSEREC study to determine the feasibility of PSAB consolidation. USD(I) is coordination with OGC in order to provide the results of the study upon completion. DOD estimates this study will be completed in the third or fourth quarter of Fiscal Year 2019. As of November 2019, DOD stated that the PERSEREC study is still ongoing. GAO will continue to monitor the completion of the study.

Recommendation: To help ensure that all employees within DOD receive the same rights during the revocation process, the Secretary of Defense should direct the Secretary of the Navy to revise Secretary of the Navy Manual M-5510.30 to specify that any information collected by the Navy PSAB from the employee's command will be shared with the employee, who will also be given the opportunity to respond to any such information provided.

Agency: Department of Defense
Status: Open

Comments: DOD concurred with our recommendation. As of November 2019, DOD stated that Navy Instruction 5510.30C and concomitant manual M-5510.30 have been revised and are being coordinated throughout the Department of the Navy at every level--to include the Action Officer level. DOD stated the estimated completion date is the third quarter of FY 2019. We have no updates on whether this instruction and the manual are complete. This recommendation will remain open pending further updates from DOD.

Recommendation: To help ensure independence and the efficient use of resources, and, if the General Counsel determines that there are no legal impediments and that other obstacles to consolidation can be addressed, the Secretary of Defense should direct the Defense Legal Services Agency to take steps to implement the Secretary of Defense's direction to consolidate DOD's PSABs.

Agency: Department of Defense
Status: Open

Comments: DOD partially concurred with our recommendation. DOD stated that some DOD components disagreed with PSAB consolidation. Specifically, DOD stated that of the eleven components that provided responses to the draft report, eight concurred or had no issues or comments, while the remaining three components noted that the PSABs should remain at the component level and not be consolidated. One of these three components also commented that the perceived efficiencies from consolidation described in our report should be validated and that all models for consolidation should be evaluated before a decision is made that would consolidate the PSABs. DOD's comments reflect internal disagreement, which corroborates our finding that there is disagreement within DOD on the legal authority, risks, and benefits of consolidating the department's multiple appeals boards. As we also note in our report, the Secretary of Defense has already directed this consolidation. As of November 2019, DOD stated that the Office of General Counsel's determination on the legal impediments to consolidation is contingent upon the results of the PERSEREC study, which will assess the feasibility of PSAB consolidation. The study results will inform the OGC decision. DOD estimates this study will be completed in the third or fourth quarter of Fiscal Year 2019. However, the study has not been released yet. This recommendation will remain open until DOD takes steps to consolidate the PSABs.

Recommendation: To help ensure that all employees within DOD receive the same rights during the revocation process, the Secretary of Defense should direct the Secretary of the Army to revise Army Regulation 380-67 to specify that any information collected by the Army PSAB from the employee's command or by the Army PSAB itself will be shared with the employee, who will also be given the opportunity to respond to any such information provided.

Agency: Department of Defense
Status: Open

Comments: DOD concurred with this recommendation. As of July 2018, DOD stated that the Army updated its PSAB guidance in 2016 to include the GAO-recommended verbiage regarding new information. Similar language will also be incorporated in Army Regulation 380-67, which is currently under revision. DOD estimates the revision will be completed in the fourth quarter of Fiscal Year 2019. As of November 2019, no further updates were provided by DOD. GAO will monitor the status of this regulation and assess whether the revised regulation meets the intent of this recommendation.

Recommendation: To help ensure that all employees are treated fairly and receive the protections established in the executive order, the Secretary of Homeland Security should direct the Commandant, U.S. Coast Guard, to revise the Coast Guard instruction for military personnel to specify that military personnel may be represented by counsel or other representatives at their own expense.

Agency: Department of Homeland Security
Status: Open

Comments: DHS concurred with our recommendation. As of August 2018, the Commandant of the Coast Guard issued a policy message stating that individuals may have counsel or other representatives present at the service member's own expense. According to a Coast Guard official, this message serves as interim guidance until the personnel security manual can be finalized. Coast Guard officials stated that the manual will be undergoing revision, and is expected to be updated at the end of March 2019 . We are awaiting documentation from the Coast Guard that this manual is complete. This recommendation will remain open until the Coast Guard finalizes the update to its manual in accordance with our recommendation.

Recommendation: To facilitate department-wide review and assessment of the quality of the personnel security clearance revocation process, the DNI should, in consultation with the Secretaries of Defense and Homeland Security, develop performance measures to better enable them to identify and resolve problems, and direct the collection of related revocation and appeals information.

Agency: Office of the Director of National Intelligence
Status: Open

Comments: ODNI concurred with our recommendation. As of November 2019, ODNI stated that review proceedings considerations have been a focus of the ongoing Trusted Workforce 2.0 discussions with a view toward whether policy changes were necessary. ODNI further stated that one key to further examination of this issue is to gather metrics which can inform any subsequent adjustment to the current Executive Branch revocation and review proceedings area. They stated that metrics collection has begun with a January 2019 data call which includes the capture of metrics on denials, revocations, and national security adjudications resulting in an adverse adjudication of eligibility for access to classified information or eligibility to hold a sensitive position. Metrics collected is expected to be completed in 2020. When we confirm what data fields are included in the metrics collection and whether this meets the intent of our recommendation, we will provide further updates.

Recommendation: To facilitate coordination between personnel security and human capital offices regarding how a security clearance revocation should affect an employee's employment status, and to help ensure that individuals are treated in a fair and consistent manner, the Secretary of Defense should direct the Under Secretary of Defense for Personnel and Readiness, in consultation with the Under Secretary of Defense for Intelligence, to review and revise policy regarding coordination between the personnel security and human capital offices to clarify what information can and should be communicated between human capital and personnel security officials at specified decision points in the revocation process, and when that information should be communicated.

Agency: Department of Defense
Status: Open

Comments: DOD concurred with our recommendation. As of November 2019, DOD stated that USD(I) has formed a working group to develop a new DOD manual that would respond to this recommendation. DOD further stated that this working group has completed the first half of the manual and will finish the initial review by the fourth quarter of FY 2019. Estimated completion date for the manual is the first quarter of FY 2020. This recommendation remains open pending the department's issuance of this manual.

Recommendation: To help ensure that the DNI report to Congress contains accurate data about the number of current DOD military and federal civilian employees eligible to access classified information, the Secretary of Defense should direct the Under Secretary of Defense for Intelligence and the Under Secretary of Defense for Personnel and Readiness to review and analyze the discrepancies in the total number of employees and the number of employees eligible to access classified information, and take immediate steps to address the problems.

Agency: Department of Defense
Status: Open

Comments: DOD concurred with our recommendation. As of August 2018, DOD stated that this recommendation is tied to recommendation 2 regarding updating information in JPAS and DISS. Officials from the Office of the Under Secretary of Defense for Intelligence (USD(I) is facilitating Data Quality Initiatives to identify where gaps may exist and ensure all pertinent data is recorded and updated in JPAS and its successor system, DISS. Officials stated that there is an annual or quarterly service specific personnel center synchronization effort to match the data in JPAS and the personnel centers. Since publication of our report through December 2017, DMDC has conducted 413 DQIs to evaluate and correct data anomalies in JPAS. Further, on a monthly basis, the Office of the Under Secretary of Defense for Intelligence (OUSD(I)), the Defense Manpower Data Center (DMDC), the Office of Personnel Management (OPM), DOD components, and industry participate in a meeting which addresses actions to improve the accuracy of information in JPAS. GAO will monitor fielding of the new system and in the process of validating DOD officials' statements that discrepancies have been substantially resolved. As of November 2019, DOD requested to close this recommendation per a closure memo signed by Ms. Nancy Spaulding. We are awaiting further documentation supporting the closure of this recommendation.

Recommendation: To help ensure that similarly situated individuals are treated consistently, and to facilitate oversight and help ensure the quality of the security clearance revocation process, the DNI should review whether the existing security clearance revocation process is the most efficient and effective approach. In this review, the DNI should consider whether there should be a single personnel security clearance revocation process used across all executive-branch agencies and workforces, with consideration of areas such as the timing of the personal appearance in the revocation process, and the ability to cross-examine witnesses. Further, to the extent that a single process or changes to the existing parallel processes are warranted, the DNI should consider whether there is a need to establish any policies and procedures to facilitate a more consistent process, and recommend as needed any revisions to existing executive orders or other executive-branch guidance.

Agency: Office of the Director of National Intelligence
Status: Open

Comments: ODNI concurred with our recommendation. As of November 2019, ODNI stated that there is not currently an ongoing effort to review the security clearance revocation process across all executive branch agencies and workforces. Instead, the Trusted Workforce 2.0 efforts is conducting an end-to-end review of the current security clearance process for the executive branch and ODNI is currently gathering metrics on adverse security actions which can inform any subsequent determination on whether the revocation process requires policy adjustment by the DNI. When we confirm what actions DNI has taken in response to this recommendation, we will provide updated information.