Recommendation: The Director of OMB should comply with its statutory requirement to issue implementation guidance to agencies to develop and maintain comprehensive data inventories. (Recommendation 1)

Agency: Executive Office of the President: Office of Management and Budget
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 OMB should comply with the statutory requirement to electronically publish a report on agencies' performance and compliance with the OPEN Government Data Act. (Recommendation 2)

Agency: Executive Office of the President: Office of Management and Budget
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 OMB, in collaboration with the Administrator of GSA, should establish policy to ensure the routine identification and correction of errors in electronically published performance information. (Recommendation 3)

Agency: Executive Office of the President: Office of Management and Budget
Status: Open

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

Recommendation: The Secretary of Defense should ensure that the Deputy Secretary of Defense assesses the tradeoffs of potential options for expanding public access to military commissions' proceedings by identifying and analyzing associated risks, and, as appropriate, developing a strategy to implement any viable options.

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 American Battle Monuments Commission should designate a chief FOIA officer at the assistant secretary level or equivalent. (Recommendation 1)

Agency: American Battle Monuments Commission
Status: Open

Comments: American Battle Monument Commission (ABMC) officials stated they are working to implement GAO's recommendations by the end of fiscal year 2020.

Recommendation: The Secretary of the American Battle Monuments Commission should update and publish comprehensive FOIA regulations that include requirements established by law and Justice guidance. (Recommendation 2)

Agency: American Battle Monuments Commission
Status: Open

Comments: American Battle Monument Commission (ABMC) officials stated they are working to implement GAO's recommendations. On February 18, 2020, ABMC published proposed revised FOIA regulations which are pending final rule in the Federal Register.

Recommendation: The Chief Executive Officer and Director of the Broadcasting Board of Governors should update and publish comprehensive FOIA regulations that include requirements established by law and Justice guidance. (Recommendation 3)

Agency: U.S. Agency for Global Media
Status: Open

Comments: The U.S. Agency for Global Media (formally known as the Broadcasting Board of Governors) performed a comprehensive review of its FOIA regulations and updated its regulations in accordance with GAO's recommendation. The agency anticipates publishing proposed updates for notice and comment in spring 2020, followed by a final rule.

Recommendation: The Secretary of DHS should take steps to develop and document a plan that fully addresses best practices with regards to reduction of backlogged FOIA requests. (Recommendation 4)

Agency: Department of Homeland Security
Status: Open

Comments: In April 2018, the Department of Homeland Security initiated a department-wide compliance assessment and stated that it plans to use the results of the assessment to help guide the department in identifying best practices and areas of improvement. The department does not have an estimate for when the plan will be complete.

Recommendation: The Secretary of DOI should take steps to develop and document a plan that fully addresses best practices with regards to reduction of backlogged FOIA requests. (Recommendation 7)

Agency: Department of the Interior
Status: Open

Comments: In August 2018, the Department of Interior informed GAO that the department has created a preliminary backlog reduction plan that includes expanding the use of automation tools, expanding the use of interim responses, and closing the Department's 10 oldest requests. Currently, GAO is awaiting a copy of the Department's backlog reduction plan.

Recommendation: The Chair of EEOC should designate a chief FOIA officer at the assistant secretary level or equivalent. (Recommendation 8)

Agency: Equal Employment Opportunity Commission
Status: Open

Comments: GAO is currently awaiting the agency's response to GAO recommendations..

Recommendation: The Chair of EEOC should take steps to develop and document a plan that fully addresses best practices with regards to reduction of backlogged FOIA requests. (Recommendation 9)

Agency: Equal Employment Opportunity Commission
Status: Open

Comments: GAO is currently awaiting the agency's response to GAO recommendations.

Recommendation: The Attorney General of the United States should take steps to develop and document a plan that fully addresses best practices with regards to reduction of backlogged FOIA requests. (Recommendation 11)

Agency: Department of Justice
Status: Open

Comments: In August 2018, the Department of Justice acknowledged that it plans to reexamine its progress and take steps for continued improvement in reducing its backlog. Currently, GAO is awaiting a response from the Department on a publication date.

Recommendation: The Administrator of NASA should provide agency records of final opinions online. (Recommendation 14)

Agency: National Aeronautics and Space Administration
Status: Open

Comments: In August 2018, NASA agreed to provide agency records of final opinions online. NASA noted that final opinions will be provided online as they are issued and released for public posting. To date, the Department has not posted any final opinions.

Recommendation: The Chairman of NTSB should take steps to develop and document a plan that fully addresses best practices with regards to reduction of backlogged FOIA requests. (Recommendation 16)

Agency: National Transportation Safety Board
Status: Open

Comments: In August 2018, NTSB provided a plan that laid out tasks for reducing its backlog. The plan did not, however provide milestones or dates for when these tasks would be completed. GAO is currently waiting for the finalized backlog FOIA plan.

Recommendation: The Director of OMB should designate a chief FOIA officer at the assistant secretary level or equivalent. (Recommendation 18)

Agency: Executive Office of the President: Office of Management and Budget
Status: Open

Comments: GAO is currently awaiting the agency's response to GAO recommendations.

Recommendation: The Director of Pension Benefit Guaranty Corporation should designate a chief FOIA officer at the assistant secretary level or equivalent. (Recommendation 19)

Agency: Pension Benefit Guaranty Corporation
Status: Open

Comments: The Pension Benefit Guaranty Corporation stated that it has designated the deputy director as the chief FOIA officer. It also noted that the director is at the Senior Level. However, this position is not equivalent to the assistant secretary level identified by GAO.

Recommendation: The President of TVA should ensure its FOIA tracking system is compliant with section 508 requirements. (Recommendation 22)

Agency: Tennessee Valley Authority
Status: Open

Comments: In August 2018, TVA provided a response to GAO's recommendation to ensure their FOIA tracking systems is compliant with section 508 requirements. TVA is currently performing an in-depth assessment of their tracking system to identify where updates can be made to ensure 508 compliance. TVA expects the assessment to be completed by the end of January 2020.

Recommendation: The President of the U.S. African Development Foundation should update and publish comprehensive FOIA regulations that inform a requester of limited unusual circumstances fees. (Recommendation 24)

Agency: African Development Foundation
Status: Open

Comments: U.S. African Development Foundation officials have stated that their FOIA regulations are currently under review and expect them to be published in the first half of calendar year 2020.

Recommendation: To help improve students' access to information so that they can make well-informed transfer decisions, the Secretary of Education should require schools to (1) disclose the list of schools with which they have articulation agreements online if the school has a website, and (2) clearly inform students, on the school's website if it has one, when no articulation agreements on credit transfer are in place. If the department determines that it does not have the authority to require this, it should nonetheless encourage schools to take these actions (through guidance or other means).

Agency: Department of Education
Status: Open

Comments: As of March 2020, Education continues to disagree with this recommendation, noting that it already requires schools to disclose a list of other schools with which they have established articulation agreements. However, we believe that posting this information online would make it more accessible to prospective students compared to publications located physically on a school's campus, particularly for those who live far away from the school. Education also noted that students should contact specific schools to obtain accurate and updated transfer information. However, we found that not all schools listed transfer-specific contacts on their websites. In addition, Education cautioned that placing special emphasis on articulation agreements could mislead students because the agreements - or lack thereof - do not fully reflect the transferability of credits However, we found that a majority of schools already disclose a list of partner schools on their websites. We believe that posting a list of partner schools online would complement credit transfer policies, which schools are already required to post online. Given that the purpose of required consumer disclosures on articulation agreements is to inform students, we continue to believe that posting this information online would make it more accessible to prospective students and their families while enhancing students' understanding of their transfer options.

Recommendation: To help ensure that efforts to address smuggling through cross-border tunnels, ultralight aircraft, panga boats, and recreational vessels are effective and that managers and stakeholders have the information needed to make decisions, the Secretary of Homeland Security should direct the Commissioner of CBP to assess and document how the alternative technological solutions being considered will fully meet operational needs related to ultralight aircraft.

Agency: Department of Homeland Security
Status: Open

Comments: DHS concurred with this recommendation and stated that it plans to assess and document requirements related to ultralight aircraft threats and how technological solutions will address these requirements as part of U.S. Customs and Border Protection (CBP) Air and Marine Operations (AMO) air domain awareness efforts. In March 2018, CBP completed an Air Domain Awareness Capability Analysis Report that identifies current capability gaps, including those related to ultralight aircraft. CBP stated that it plans to build upon the Capability Analysis Report to identify mission needs, a concept of operations, and operational requirements to address ultralight aircraft and other threats in the air domain. In February 2020, AMO reported that, in 2019, it conducted a technical assessment of one technology and plans to assess other systems in 2020 and 2021 to help determine if they fit into AMO's larger strategic vision for persistent wide area surveillance to address ultralight aircraft and other threats in the air domain. To fully address our recommendation, CBP should assess and document how alternative solutions will meet operational requirements related to ultralight aircraft.

Recommendation: To help ensure that efforts to address smuggling through cross-border tunnels, ultralight aircraft, panga boats, and recreational vessels are effective and that managers and stakeholders have the information needed to make decisions, the Secretary of Homeland Security should direct the Commissioner of CBP and the Director of ICE to jointly establish and monitor performance measures and targets related to cross-border tunnels.

Agency: Department of Homeland Security
Status: Open

Comments: DHS concurred with this recommendation and stated that U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement will review available information and develop performance measures and targets as deemed appropriate. As of March 2020, CBP and ICE have not reported taking any actions to develop performance measures and targets. To fully address our recommendation, CBP and ICE should establish and monitor performance measures and targets related to cross-border tunnels.

Recommendation: To help ensure that efforts to address smuggling through cross-border tunnels, ultralight aircraft, panga boats, and recreational vessels are effective and that managers and stakeholders have the information needed to make decisions, the Secretary of Homeland Security should direct the Commissioner of CBP to establish and monitor performance targets related to ultralight aircraft.

Agency: Department of Homeland Security
Status: Open

Comments: DHS concurred and stated that within U.S. Customs and Border Protection (CBP), Air and Marine Operations and the U.S. Border Patrol are developing a joint performance measure and targets for interdicting ultralight aircraft. However, in December 2019, CBP reported that it will no longer pursue establishing a performance measure because it found that the ultralight aircraft interdiction rate fluctuated year to year, and that the number of ultralight aircraft incidents had been trending downward. Subsequently, in September 2020, CBP officials stated that they had reinitiated efforts to develop a performance measure and target in response to our continued belief that they can be set and would help CBP monitor performance to ensure that technology investments and operational responses to address ultralight aircraft are effective. To fully address our recommendation, CBP should establish a measure and monitor performance related to ultralight aircraft.

Recommendation: To help ensure that efforts to address smuggling through cross-border tunnels, ultralight aircraft, panga boats, and recreational vessels are effective and that managers and stakeholders have the information needed to make decisions, the Secretary of Homeland Security should direct the U.S. Customs and Border Protection (CBP)-U.S. Immigration and Customs Enforcement (ICE) tunnel committee to convene and establish standard operating procedures for addressing cross-border tunnels, including procedures for sharing information.

Agency: Department of Homeland Security
Status: Open

Comments: DHS did not concur with this recommendation. However, CBP and ICE agreed that strengthening operational procedures may be beneficial and stated that they will jointly review procedures and discuss revising and/or consolidating the procedures. In May 2018, CBP stated that it is looking for opportunities to standardize procedures for the detection, interdiction, mapping, and remediation of cross-border tunnels. To this end, CBP has plans to develop a standardized training on tunnel identification and tactics, techniques, and procedures for different types of tunnels. In addition, CBP is working to develop a consistent process that will facilitate coordination and collaboration with ICE. In March 2019, CBP reported that CBP and ICE have begun to routinely meet to collectively develop processes for using tunnel robotics, including processes to enhance communication between CBP and ICE. In September 2020, CBP and ICE reported that they do not plan to take any additional steps to address this recommendation. To fully address our recommendation, CBP and ICE should establish standardized procedures for addressing tunnels, including procedures for sharing information with one another.

Recommendation: To help ensure that efforts to address smuggling through cross-border tunnels, ultralight aircraft, panga boats, and recreational vessels are effective and that managers and stakeholders have the information needed to make decisions, the Secretary of Homeland Security should direct the Commandant of the Coast Guard, Commissioner of CBP, and the Director of ICE to establish and monitor Regional Coordinating Mechanisms performance measures and targets related to panga boat and recreational vessel smuggling.

Agency: Department of Homeland Security
Status: Open

Comments: DHS did not concur with this recommendation. DHS stated that that it believes that by establishing common terminology to address our first recommendation, the RECOMs will have more reliable, usable analyses to inform their maritime interdiction efforts. However, DHS did not believe that performance measures and targets related to smuggling by panga boats would provide the most useful strategic assessment of operations to prevent all illicit trafficking, regardless of area of operations or mode of transportation. DHS also cited the recent creation of the DHS Office of Policy, Strategy, and Plans that is to work with U.S. Coast Guard, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and other components and offices to better evaluate the effectiveness of all operations that work to prevent the illegal entry of goods and people into the country, as appropriate. In February 2020, DHS reported that the department had not taken any further actions to implement this recommendation. We continue to believe that the recommendation is valid and will monitor any actions DHS takes that are responsive to it. For example, in response to a requirement in the National Defense Authorization Act for Fiscal Year 2017, DHS issued reports in May 2018, February 2019, and August 2020 that contain metrics and planned metrics to measure the effectiveness of border security in the maritime environment and other domains. Planned metrics that DHS does not yet have a methodology to measure across all components include situational awareness in the maritime environment, illicit drugs removal rate, and DHS maritime threat response rate. To fully address our recommendation, DHS should measure its performance related to smuggling across U.S. maritime borders.

Recommendation: To help ensure that its efforts to increase patients' electronic access to health information are successful, the Secretary of HHS should direct ONC to use the information these performance measures provide to make program adjustments, as appropriate. Such actions may include, for example, assessing the status of program operations or identifying areas that need improvement in order to help achieve program goals related to increasing patients' ability to access their health information electronically.

Agency: Department of Health and Human Services
Status: Open

Comments: As of May 2019, ONC is collecting and evaluating information from national surveys, program data, and third-party data sources. As ONC works to implement its evaluations, it should identify how evidence collected from national surveys, program data and third-party data sources has been used to assess the outcomes of key efforts and adjust programs accordingly.

Recommendation: To help improve the Five-Star System's ability to enable consumers to understand nursing home quality and make distinctions between high- and low- performing homes, the Administrator of CMS should add information to the Five-Star System that allows consumers to compare nursing homes nationally.

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

Comments: HHS did not concur with this recommendation. CMS officials told us in July 2019 that they do not plan to implement this recommendation. We maintain that adding national comparison information is important.

Recommendation: To continue the agency's efforts to improve state and local emergency preparedness for rail accidents involving hazardous materials, the Secretary of Transportation should, after the rulemaking is finalized, develop a process for regularly collecting information from state emergency response commissions on the distribution of the railroad-provided hazardous-materials-shipping information to local planning entities.

Agency: Department of Transportation
Status: Open

Comments: DOT published the Oil Spill Response Plans and Information Sharing for High-Hazard Flammable Trains final rule in February 2019. As of September 2020, PHMSA indicated that it wanted to close out the recommendation by adding 2 questions to the Hazardous Materials Emergency Preparedness grant application asking SERCs whether they receive information on High-Hazard Flammable Train operations and whether they are disseminating this information to local planning entities. OMB is currently reviewing the additional information request. We will continue to monitor DOT's efforts to address the recommendation.

Recommendation: The Secretary of Education should develop a risk-based, cost-effective strategy to verify that states are implementing a process for assessing whether any teacher preparation programs are low-performing.

Agency: Department of Education
Status: Open

Comments: In 2016, Education published an issue brief about identifying low-performing schools, which referenced GAO's report and the potential risks of limited state action to identify and address low performance. In December 2019, Education provided GAO with a revised data collection instrument for collecting information about states' criteria for identifying low-performing teacher preparation programs. Officials stated that the instrument has been approved by OMB and Education plans to start using it in October 2020. Officials said that the instrument is designed to provide more structured information about state criteria and allow Education to better monitor states' responses from year to year. We are encouraged by these efforts and will revisit the status of this recommendation when the new template is implemented in 2020.

Recommendation: In light of the agency's declining revenue associated with its basic statutory function and the charging for information that is often freely available elsewhere, Congress should consider examining the appropriateness and viability of the fee-based model under which NTIS currently operates for disseminating technical information to determine whether the use of this model should be continued.

Agency: Congress
Status: Open

Comments: Congress had taken a number of actions that affect the NTIS fee-based model for disseminating technical information. Specifically, for the past 5 fiscal years and in the current Consolidated Appropriations Act, 2020, NTIS is prohibited from charging customers for reports generated by legislative branch offices unless the agency tells the customer how an electronic copy of the report can be accessed or downloaded for free online. The act further states that, if a customer still requires such a report from NTIS, the agency should not charge more than what is needed to recover the cost of processing, reproducing, and delivering the document requested. It remains to be seen whether these requirements will be continued under the yet to be introduced House and Senate bills making appropriations for the Department of Commerce (Commerce) for fiscal year 2021. Congress again has the opportunity to consider legislation that would ensure the assessment of the appropriateness or viability of NTIS functions.

Recommendation: As HHS implements its current and forthcoming efforts to make transparent price information available to consumers, HHS should determine the feasibility of making estimates of complete costs of health care services available to consumers through any of these efforts.

Agency: Department of Health and Human Services
Status: Open

Comments: In May 2013, CMS released average inpatient hospital charge information for more than 3,000 hospitals that receive Medicare Inpatient Prospective Payment System payments for the 100 most frequently billed discharges using DRGs from FY2011 and corresponding average Medicare payments. Shortly thereafter CMS also released outpatient charges. In April 2014, CMS also released data on payments to physicians under Medicare part B. This represents an effort to provide price transparency, although these are not complete cost estimates according to our definition in this report. As of September 2015, we are awaiting an update from HHS on the status of this recommendation. We will update the status of this recommendation when we receive additional information.

Recommendation: As HHS implements its current and forthcoming efforts to make transparent price information available to consumers, HHS should determine, as appropriate, the next steps for making estimates of complete costs of health care services available to consumers.

Agency: Department of Health and Human Services
Status: Open

Comments: As of September 2015, we are awaiting an update from HHS on the status of this recommendation. We will update the status of this recommendation when we receive additional information.

Recommendation: To better ensure that economically similar outcomes are taxed similarly and minimize opportunities for abuse, the Secretary of the Treasury should undertake a study that compares the current approach to alternative approaches for the taxation of financial derivatives. To determine if changes would be beneficial, such a study should weigh the tradeoffs to IRS and taxpayers that each alternative presents, including simplicity, administrability, and economic efficiency.

Agency: Department of the Treasury
Status: Open

Comments: Treasury disagreed with this recommendation based on the fact that many outside studies already exist and IRS did not comment. The Tax Cuts and Jobs Act enacted in December 2017 did not include any requirements that Treasury study alternative approaches for the taxation of financial derivatives. However members of Congress have released proposals for a mark-to-market tax system, which would include financial derivatives. GAO continues to maintain that further study is needed in coordination with IRS and will continue to monitor the climate for such a study.