Recommendation: Congress should consider designating an agency to regularly collect and maintain specified cost-related data from credit allocating agencies and periodically assess and report on LIHTC project development costs. (Matter for Congressional Consideration 1)

Agency: Congress
Status: Open

Comments: As of August 2020, Congress had not designated an agency to regularly collect and maintain data on LIHTC project development costs.

Recommendation: IRS's Associate Chief Counsel, in consultation with Treasury's Assistant Secretary for Tax Policy, should require general contractor cost certifications for LIHTC projects to verify consistency with the developer cost certification. (Recommendation 1)

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

Comments: IRS disagreed with the recommendation and had not taken action to implement it as of August 2020. We maintain that requiring general contractor cost certifications would help address a known fraud risk.

Recommendation: To help allocating agencies analyze development cost trends and drivers and make comparisons to other agencies, IRS's Commissioner of the Small Business/Self-Employed Division should encourage allocating agencies and other LIHTC stakeholders to collaborate on the development of more standardized cost data, considering information in this report about variation in data elements, definitions, and formats. (Recommendation 2)

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

Comments: IRS disagreed with the recommendation and had not taken action to implement it as of August 2020. We maintain that greater standardization of LIHTC cost data would facilitate analysis of cost drivers and cost-management practices.

Recommendation: IRS's Associate Chief Counsel, in consultation with Treasury's Assistant Secretary for Tax Policy, should communicate to credit allocating agencies how to collect information on and review LIHTC syndication expenses, including upper-tier partnership expenses. (Recommendation 3)

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

Comments: IRS disagreed with the recommendation and had not taken action to implement it as of August 2020. We maintain that communicating expectations about the collection and review of syndication expenses would enhance program transparency and allocating agency financial assessments.

Recommendation: The Secretary of Defense should ensure that the Assistant Secretary of Defense for Energy, Installations, and Environment revises its guidance on privatized military housing to include a requirement that the military departments incorporate measures of future sustainment into their assessments of privatized housing projects. (Recommendation 3)

Agency: Department of Defense
Status: Open

Comments: DOD concurred with this recommendation in its response to our report. In its response, the department stated that it was working with the military departments to determine appropriate measures of future sustainment and would revise its guidance to require the military departments to incorporate measures of future sustainment into their assessments of privatized housing projects. In May 2019, an official from the Office of the Assistant Secretary of Defense for Sustainment stated that DOD anticipates being able to issue this guidance sometime in calendar year 2019.

Recommendation: The Secretary of Defense should ensure that the Assistant Secretary of Defense for Energy, Installations, and Environment takes steps to resume issuing required reports to Congress on the financial condition of privatized housing in a timely manner. (Recommendation 4)

Agency: Department of Defense
Status: Open

Comments: DOD concurred with this recommendation in its response to our report and stated that it was working to further streamline the reporting format and data collection process to ensure more timely reporting to Congress. Subsequently, in September 2018 DOD issued its report to Congress on the financial condition of privatized housing covering fiscal years 2015 and 2016, and in May 2019 DOD issued the report covering fiscal year 2017. An official from the Office of the Assistant Secretary of Defense for Sustainment noted in May 2019 that the next report will cover updated reporting requirements from the National Defense Authorization Act for Fiscal Year 2019. The official said that DOD was in the process of reviewing its schedule to determine when it will be able to submit the report covering fiscal year 2018, with the expectation that the submission will be made in December 2019 or no later than March 2020. The official added that collection, reconciliation, and coordination of the information in the report remains the biggest challenge to timely submittal, as well as other privatized housing-related work requirements. Because it is unclear whether future reports reflecting the updated reporting requirements will be submitted in a timely manner, we will continue to monitor DOD's response to this recommendation.

Recommendation: The Secretary of Defense should ensure that the Assistant Secretary of Defense for Energy, Installations, and Environment reports financial information on future sustainment of each privatized housing project in its reports to Congress. (Recommendation 5)

Agency: Department of Defense
Status: Open

Comments: DOD concurred with this recommendation in its response to our report and stated that it would ensure that financial information on future sustainment of each privatized housing project would be included in the report to Congress on privatized housing covering fiscal year 2017. However, the report covering fiscal year 2017 was issued in May 2019 and did not include financial information on the future sustainment of each privatized housing project. We will continue to monitor any actions DOD takes to implement this recommendation.

Recommendation: The Secretary of Defense should ensure that the Assistant Secretary of Defense for Energy, Installations, and Environment provides guidance directing the military departments to assess the significance of the specific risks to individual privatized housing projects resulting from the reductions in the basic allowance for housing and identify courses of action to respond to any risks based on their significance. (Recommendation 6)

Agency: Department of Defense
Status: Open

Comments: DOD concurred with this recommendation in its response to our report. In its response, the department stated that it would issue guidance to the military departments to annually report on their assessment of the specific risk of changes in the basic allowance for housing to individual privatized housing projects and identify any courses of action to respond to the risks based on their significance. In May 2019, an official from the Office of the Assistant Secretary of Defense for Sustainment stated that DOD anticipates being able to issue this guidance sometime in calendar year 2019.

Recommendation: The Secretary of Defense should ensure that the Assistant Secretary of Defense for Energy, Installations, and Environment finalizes guidance in a timely manner that clearly defines the circumstances in which the military departments should provide notification of project changes and which types of project changes require prior notification or prior approval. (Recommendation 7)

Agency: Department of Defense
Status: Open

Comments: DOD concurred with this recommendation in its response to our report. In its response, the department stated that DOD has coordinated draft guidance with the military departments which it expected to issue in fiscal year 2018. However, in May 2019, an official from the Office of the Assistant Secretary of Defense for Sustainment stated that the guidance has been delayed due to other pressing requirements and DOD now anticipates being able to issue this guidance sometime in calendar year 2019.

Recommendation: The Secretary of Defense should ensure that the Assistant Secretary of Defense for Energy, Installations, and Environment revises its guidance on privatized military housing to require the military departments to define their risk tolerances regarding the future sustainability of their privatized housing projects. (Recommendation 8)

Agency: Department of Defense
Status: Open

Comments: DOD concurred with this recommendation in its response to our report. In its response, the department stated that it would revise its privatized housing guidance to require the military departments to define their risk tolerances regarding future sustainability of privatized housing projects. In May 2019, an official from the Office of the Assistant Secretary of Defense for Sustainment stated that DOD anticipates being able to issue this guidance sometime in calendar year 2019.

Recommendation: To better ensure the viability and safety of manufactured housing produced in accordance with the HUD Code, the Secretary of the Department of Housing and Urban Development should develop a plan to assess how FHA financing might further promote the affordability of manufactured homes and identify the potential for better securitization of manufactured housing financing.

Agency: Department of Housing and Urban Development
Status: Open

Comments: According to HUD officials, Ginnie Mae and FHA met to discuss their manufactured housing programs and produced a white paper. Once we receive a copy of the white paper, we will determine if it addresses our recommendation.

Recommendation: To better ensure that Congress, stakeholders, and agencies have complete information about changing costs and whether a fee needs to be changed, HUD should assess the feasibility, including an analysis of the benefits and costs, of putting in place user fees for its dispute resolution and installation programs.

Agency: Department of Housing and Urban Development
Status: Open

Comments: As of March 2018, HUD stated that the Office of Manufactured Housing Programs continues to work toward fully implementing both the installation and dispute resolution programs in the default states using two new contractors for these purposes. As the implementation of these programs continues to mature, HUD stated that its Office of Manufactured Housing Programs will be monitoring program requirements and service delivery and gathering data that it can use in assessing the feasibility of putting in place user fees for these programs. We will continue to monitor HUD's progress in implementing our recommendation.

Recommendation: To better ensure that Congress, stakeholders, and agencies have complete information about changing costs and whether a fee needs to be changed, HUD should establish the goals for use of reserves of the Manufactured Housing Fees Trust Fund, and the minimum and maximum thresholds for the reserves appropriate for meeting these goals.

Agency: Department of Housing and Urban Development
Status: Open

Comments: In response to this recommendation, as of March 2018, HUD plans to consider user fee reserve best practices in evaluating any carryover balances and developing future operating budgets for its manufactured housing programs. The Office of Manufactured Housing Programs plans on reviewing best practices and determining next steps ideally by the end of Fiscal Year 2019. We continue to believe that setting clear goals for the reserve and clarifying how those reserves will be used helps ensure accountability and transparency both to Congress and users of fee-based programs. We will continue to monitor HUD's progress in implementing our recommendation.

Recommendation: To increase consistency and reduce time and predevelopment cost for NAHASDA grant recipients, an interagency effort similar to that of the federal infrastructure task force but specific to tribal housing should be initiated with participants from the Indian Health Service, HUD, Department of the Interior, and the U.S. Department of Agriculture to develop and implement a coordinated environmental review process for all agencies overseeing tribal housing development. In addition, the agencies should determine if it would be appropriate to designate a lead agency in this effort.

Agency: Department of Agriculture
Status: Open

Comments: In September 2017, HUD provided us with documentation that an interagency Coordinated Environmental Review Process Workgroup was formed and included representatives from HUD, the Council on Environmental Quality (CEQ), USDA, Department of Commerce, Department of Energy, Environmental Protection Agency, HHS, Interior, and the Department of Transportation. The workgroup focused on identifying measures that could be taken to coordinate agencies' environmental review processes within the existing framework, and in December 2015, presented 12 recommendations in a final report. The recommendations included developing common categorical exclusions; providing training for agency staff and tribes; continuing review of related environmental laws and authorities to identify opportunities for greater efficiencies; creating regional consortiums; and establishing an ongoing environmental review interagency workgroup. In addition, the workgroup developed a draft implementation plan, and drafted a Memorandum of Understanding whose stated purpose is "to further the shared goals of the parties to ensure comprehensive NEPA environmental reviews while facilitating access to federal assistance for housing and housing-related infrastructure projects in Indian Country involving multiple agencies by avoiding duplication of analyses and ensuring efficient environmental review processes for both tribes and agencies". In December 2018, HHS notified GAO that the final draft implementation plan remained under review by members of the interagency workgroup.

Recommendation: To increase consistency and reduce time and predevelopment cost for NAHASDA grant recipients, an interagency effort similar to that of the federal infrastructure task force but specific to tribal housing should be initiated with participants from the Indian Health Service, HUD, Department of the Interior, and the U.S. Department of Agriculture to develop and implement a coordinated environmental review process for all agencies overseeing tribal housing development. In addition, the agencies should determine if it would be appropriate to designate a lead agency in this effort.

Agency: Indian Health Service
Status: Open

Comments: In September 2017, HUD provided us with documentation that an interagency Coordinated Environmental Review Process Workgroup was formed and included representatives from HUD, the Council on Environmental Quality (CEQ), USDA, Department of Commerce, Department of Energy, Environmental Protection Agency, HHS, Interior, and the Department of Transportation. The workgroup focused on identifying measures that could be taken to coordinate agencies' environmental review processes within the existing framework, and in December 2015, presented 12 recommendations in a final report. The recommendations included developing common categorical exclusions; providing training for agency staff and tribes; continuing review of related environmental laws and authorities to identify opportunities for greater efficiencies; creating regional consortiums; and establishing an ongoing environmental review interagency workgroup. In addition, the workgroup developed a draft implementation plan, and drafted a Memorandum of Understanding whose stated purpose is "to further the shared goals of the parties to ensure comprehensive NEPA environmental reviews while facilitating access to federal assistance for housing and housing-related infrastructure projects in Indian Country involving multiple agencies by avoiding duplication of analyses and ensuring efficient environmental review processes for both tribes and agencies". In December 2018, HHS notified GAO that the final draft implementation plan remained under review by members of the interagency workgroup.

Recommendation: To increase consistency and reduce time and predevelopment cost for NAHASDA grant recipients, an interagency effort similar to that of the federal infrastructure task force but specific to tribal housing should be initiated with participants from the Indian Health Service, HUD, Department of the Interior, and the U.S. Department of Agriculture to develop and implement a coordinated environmental review process for all agencies overseeing tribal housing development. In addition, the agencies should determine if it would be appropriate to designate a lead agency in this effort.

Agency: Department of Housing and Urban Development
Status: Open

Comments: In September 2017, HUD provided us with documentation that an interagency Coordinated Environmental Review Process Workgroup was formed and included representatives from HUD, the Council on Environmental Quality (CEQ), USDA, Department of Commerce, Department of Energy, Environmental Protection Agency, HHS, Interior, and the Department of Transportation. The workgroup focused on identifying measures that could be taken to coordinate agencies' environmental review processes within the existing framework, and in December 2015, presented 12 recommendations in a final report. The recommendations included developing common categorical exclusions; providing training for agency staff and tribes; continuing review of related environmental laws and authorities to identify opportunities for greater efficiencies; creating regional consortiums; and establishing an ongoing environmental review interagency workgroup. In addition, the workgroup developed a draft implementation plan, and drafted a Memorandum of Understanding whose stated purpose is "to further the shared goals of the parties to ensure comprehensive NEPA environmental reviews while facilitating access to federal assistance for housing and housing-related infrastructure projects in Indian Country involving multiple agencies by avoiding duplication of analyses and ensuring efficient environmental review processes for both tribes and agencies". In December 2018, HHS notified GAO that the final draft implementation plan remained under review by members of the interagency workgroup.

Recommendation: To increase consistency and reduce time and predevelopment cost for NAHASDA grant recipients, an interagency effort similar to that of the federal infrastructure task force but specific to tribal housing should be initiated with participants from the Indian Health Service, HUD, Department of the Interior, and the U.S. Department of Agriculture to develop and implement a coordinated environmental review process for all agencies overseeing tribal housing development. In addition, the agencies should determine if it would be appropriate to designate a lead agency in this effort.

Agency: Department of the Interior
Status: Open

Comments: In September 2017, HUD provided us with documentation that an interagency Coordinated Environmental Review Process Workgroup was formed and included representatives from HUD, the Council on Environmental Quality (CEQ), USDA, Department of Commerce, Department of Energy, Environmental Protection Agency, HHS, Interior, and the Department of Transportation. The workgroup focused on identifying measures that could be taken to coordinate agencies' environmental review processes within the existing framework, and in December 2015, presented 12 recommendations in a final report. The recommendations included developing common categorical exclusions; providing training for agency staff and tribes; continuing review of related environmental laws and authorities to identify opportunities for greater efficiencies; creating regional consortiums; and establishing an ongoing environmental review interagency workgroup. In addition, the workgroup developed a draft implementation plan, and drafted a Memorandum of Understanding whose stated purpose is "to further the shared goals of the parties to ensure comprehensive NEPA environmental reviews while facilitating access to federal assistance for housing and housing-related infrastructure projects in Indian Country involving multiple agencies by avoiding duplication of analyses and ensuring efficient environmental review processes for both tribes and agencies". In December 2018, HHS notified GAO that the final draft implementation plan remained under review by members of the interagency workgroup.

Recommendation: To better ensure that air ventilation systems in manufactured homes perform as specified and meet the HUD Code, HUD should develop an appropriate method to test and validate the performance of the ventilation system as part of the HUD certification process.

Agency: Department of Housing and Urban Development
Status: Open

Comments: In March 2017, HUD stated that it has not developed a test to validate the performance of the whole-house ventilation specification. HUD reported that the Manufactured Housing Consensus Committee (MHCC) did not agree with the testing validation recommendations. As of March 2018, HUD continues to move forward in updating its standards, including a test for whole house ventilation. However, as part of the overall HUD effort to review regulations, HUD officials stated they are currently conducting a review of current and planned federal regulations for manufactured housing with the goal to facilitate the affordability of manufactured housing and to promote durable, safe, and cost effective construction techniques for manufactured homes. As a result, HUD does not anticipate moving forward with any manufactured housing regulations until it completes its review. We continue to believe that developing such a test will better ensure that air ventilation systems in manufactured homes perform as specified and meet the HUD Code and will continue to monitor HUD's progress in implementing our recommendation.

Recommendation: To strengthen formal collaboration efforts, the Secretary of Transportation should direct the Administrator of the Federal Transit Administration, and the Secretary of Housing and Urban Development should direct the appropriate program offices, to develop a plan to ensure that data collected on the various programs of the agencies related to affordable housing and transit are sufficient to measure the agencies' performance toward goals and outcomes established in the HUD-FTA action plan and the Partnership for Sustainable Communities.

Agency: Department of Housing and Urban Development
Status: Open

Comments: On November 30, 2009, we received a response from HUD stating that actions were planned or underway to address this and the other recommendation in this report. As of July 2019, we are reviewing additional documentation provided by DOT and HUD on actions they have taken.

Recommendation: To strengthen formal collaboration efforts, the Secretary of Transportation should direct the Administrator of the Federal Transit Administration, and the Secretary of Housing and Urban Development should direct the appropriate program offices, to develop a plan to ensure that data collected on the various programs of the agencies related to affordable housing and transit are sufficient to measure the agencies' performance toward goals and outcomes established in the HUD-FTA action plan and the Partnership for Sustainable Communities.

Agency: Department of Transportation: Federal Transit Administration
Status: Open

Comments: On November 30, 2009, we received a response from HUD stating that actions were planned or underway to address this and the other recommendation in this report. As of July 2019, we are reviewing additional documentation provided by DOT and HUD on actions they have taken.