Recommendation: The Secretary of the Interior should direct BLM to modify its computer program that generates its Bond Review Report to identify all instances in which a state office needs to develop a corrective action plan to address deficiencies, such as an inadequate financial assurance, a late review, or missing data. (Recommendation 1)

Agency: Department of the Interior
Status: Open

Comments: In May 2020, BLM officials stated that they will revise the LR2000 Bond Review Report to identify all instances in which a state office needs to develop a corrective action plan in accordance with BLM policy. They estimate this will be completed by June 2021.

Recommendation: The Secretary of Agriculture should direct the Forest Service to develop a centralized mechanism to record the current estimated cost of reclamation for a mining operation so that this information is readily available for comparison with the financial assurance held. (Recommendation 2)

Agency: Department of Agriculture
Status: Open

Comments: As of July 2020, the agency has made progress in implementing this recommendation. Specifically, the agency has modified the bonding portion of the Natural Resource Manager data system to include required data fields to record the initial bond received, adjustments made to required bonding amount, and date of last annual review when a needed adjustment was determined. The agency has also added a remarks field to record any increase or decrease in the estimated cost of reclamation that resulted in the revised required bond amount. The agency is currently working to update its internal guidance so that staff are aware of the requirement and process to document these items. We agreed to check back on the status of that guidance in early 2021 and will update the recommendation status at that time.

Recommendation: To fulfill the role assigned to it under the 1980 Act, the Secretary of Commerce should engage with industry stakeholders and continually identify and assess critical materials needs across a broad range of industrial sectors.

Agency: Department of Commerce
Status: Open

Comments: In December 2016, Commerce provided information on its implementation of the recommendation from GAO-16-699. Commerce stated that it had developed an action plan consisting of the following steps: (1) consulting with relevant offices and agencies, including: OSTP, DOD, the U.S. Geological Survey, DOE, the U.S. International Trade Commission, the Bureau of Industry and Security, the National Institute of Standards and Technology, and the National Oceanic and Atmospheric Administration; (2) determining criteria to be used when it is necessary to collect information to identify and assess critical materials needs; (3) determining appropriate steps, which might include: (a) developing a summary of information that federal agencies currently collect on the domestic and international supply of critical raw materials; (b) soliciting input from a broad range of industries through a Federal Register notice; (c) assessing aggregate information, as allowable under law, that is submitted through the Miscellaneous Tariff Bill process over the course of fiscal year 2017; and (d) consulting with federal advisory groups for advice; (4) determining the audience for collected information and methodology for information dissemination; (5) determining the process for identifying further information collection needs and methodology for disseminating collected information; and (6) determining the timeline and responsibilities for information collection and distribution. In an April 2017 update, Commerce stated that it had identified points of contacts in seven of the eight agencies listed in its action plan and is in the process of contacting them for input. Commerce stated that it hoped to identify an appropriate contact in the eighth agency in the near future. Commerce stated that it had also drafted questions to ask the agencies in order to implement the action plan. Commerce did not provide a timeframe for when it expected to complete implementation of the action plan. In a June 2018 update, Commerce stated that since the change in Administration, Commerce has not been able to identify staff in all agencies to work with, but that Commerce is now in contact with several agencies who are aware of industry needs. Commerce did not provide a timeframe for when it expected to complete execution of its action plan. We requested additional information on Commerce's efforts to implement this recommendation, including plans to solicit industry input, and will update the status of the recommendation based on additional information received.

Recommendation: To enhance the ability of the Executive Office of the President to coordinate federal agencies to carry out the national materials policy outlined in the 1980 Act, and to broaden future applications of the early warning screening methodology, the Subcommittee should take the steps necessary to include potentially critical materials beyond minerals, such as developing a plan or strategy for prioritizing additional materials for which actions are needed to address data limitations.

Agency: Executive Office of the President: Office of Science and Technology Policy
Status: Open

Comments: In September 2017, OSTP provided updated information on its efforts to implement recommendations from GAO-16-699. OSTP stated that "the Subcommittee shares GAO's interest in improving data availability and granularity. However, in some cases, private entities and foreign governments may be unwilling or unable to provide (or even collect) such data. Additionally, the Subcommittee member agencies' financial and personnel resources are limited, and significant additional resources would be required to prioritize and pursue the data for additional materials and critical materials beyond minerals. Without the appropriation of additional resources, the Subcommittee's work on these additional items will be necessarily circumscribed." In its February 2018 report on the updated application of the early warning screening methodology, the Subcommittee stated that it saw the value in analyzing more minerals and non-minerals to help inform policy decisions, but that fulfilling this need will require additional dedicated personnel and financial resources for data collection, analysis, and distribution. In March 2020, OSTP stated that the Subcommittee has explored the possibility of expanding the scope of the early warning screening methodology to include critical materials beyond minerals. According to OSTP, possible expansion candidates include carbon fiber and critical chemicals. OSTP stated that it has initiated a discussion with the Department of Interior (U.S. Geological Survey), who has been leading the methodology development, and the Department of Commerce (Bureau of Economic Analysis) with regard to possible data that would be needed for such an expansion. In August 2020, OSTP stated that the expertise to expand data collection to additional materials of interest exists in the National Minerals Information Center (NMIC) at the U.S. Geological Survey; however, the capacity to expand beyond the current portfolio is not available due to budgetary constraints. We will update this recommendation when we obtain additional information on these efforts.

Recommendation: To improve the effectiveness of the SEC's conflict minerals disclosure rule, the Secretary of Commerce should submit to the appropriate congressional committees a plan outlining steps that Commerce will take, with associated time frames, to (1) assess the accuracy of the independent private sector audits (IPSA) and other due diligence processes described under section 13(p) of the Securities Exchange Act of 1934; (2) develop recommendations for the process used to carry out such audits, including ways to improve the accuracy of the audits and establish standards of best practices for such audits; and (3) acquire the necessary knowledge, skills, and abilities to carry out these responsibilities.

Agency: Department of Commerce
Status: Open
Priority recommendation

Comments: Commerce agreed with this recommendation. In response to this recommendation, Commerce indicated in an October 25, 2016 letter to GAO that it has developed a three-step approach which parallels the three distinct elements of the recommendation. To fully implement this recommendation, Commerce needs to submit the said three-step plan, including associated timeframes for their completion, to the appropriate congressional committees. Section 1502 of the Dodd-Frank Act defines "appropriate committees" to mean the Committee on Appropriations, the Committee on Foreign Affairs, the Committee on Ways and Means, and the Committee on Financial Services of the House of Representatives; and the Committee on Appropriations, the Committee on Foreign Relations, the Committee on Finance, and the Committee on Banking, Housing, and Urban Affairs of the Senate. In a January 2018 email, a Commerce official indicated to GAO that the agency had reviewed the 19 IPSA audits filed by companies in 2016, and the agency plans to complete a review of the 16 IPSA audits filed in 2017 by the end of FY 2018. However, the official noted that the "Department will not undertake the development of recommendations and best practices while the SEC is revising its rule." Commerce cited SEC staff's recent updated guidance and ongoing reviews of the conflict minerals rule, among other things, as their primary reason. However, the SEC staff's updated guidance also clarified that the guidance "does not express any legal conclusion on the rule" and is "subject to any further action that may be taken by the Commission." Therefore, the rule is still in effect, according to SEC staff. We requested a status update in October 2019 and Commerce responded: "In National Association of Manufacturers v. United States SEC, 2017 U.S. Dist. LEXIS 135732 (2017), the District Court for the District of Columbia declared an element of the relevant SEC rule unconstitutional, necessitating that the SEC determine how that decision affects overall implementation of the Conflict Minerals rule. Until the SEC completes its deliberative process, makes such determination, and implements any necessary revisions to the rule, the Department does not intend to undertake additional work under Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act with regard to the assessment of the accuracy of the audits and other due diligence processes or recommendations regarding the audits. After which point, the Department will assess how the SEC determination and any revisions to the rule affect the Department's plans for implementing GAO's recommendation."

Recommendation: To strengthen BLM's controls and reasonably assure accountability over mining law program expenditures, both payroll and nonpayroll, the Secretary of the Interior should direct the Director of the Bureau of Land Management to establish procedures for regular and timely communication to all BLM employees on policy and procedural changes affecting the mining law program's expenditure-related processes.

Agency: Department of the Interior
Status: Open

Comments: The Department of Interior's (DOI) Bureau of Land Management (BLM) agreed with our recommendation. In support of closing this recommendation, officials from BLM re-iterated their policy about sending updates regarding guidance changes, which is included in its directives handbook. They also provided us with an example of its timely communication to BLM employees to announce the issuance of its revised Fund Code Handbook. We reviewed the directives handbook and verified that it contains guidance for communicating policy and procedural changes affecting the mining law program's expenditure-related processes. While the guidance in the directives handbook is a good start towards meeting the intent of our recommendation, we communicated to BLM in fiscal year 2019 that the findings in the report were caused in part by inadequate communication processes and the accessibility of the guidance to staff. To address the recommendation, we would like to see evidence that BLM has established procedures to ensure proper communication of changes or policies to the staff using BLM guidance, which includes having written procedures on how BLM publishes updates or communicates policy information, where guidance should be published in BLM's internal page, and the BLM officials who are in charge of that process. In fiscal year 2020, we have sent additional follow-up questions to the agency and are currently waiting for a response. We will continue to monitor the agency's actions to address this recommendation.