Recommendation: The Under Secretary for Health should further clarify when and for what purposes each national policy and guidance document type should be used, including whether guidance documents, such as program office memos, should be vetted and recertified. (Recommendation 1)

Agency: Department of Veterans Affairs: Veterans Health Administration
Status: Open
Priority recommendation

Comments: VA agreed with our recommendation. In October 2019, VHA issued an interim policy on program office memos (also known as "operational memos") that described how these guidance documents should be vetted and recertified. For example, operational memos issued after VHA's new interim policy will expire 2 years after publication if no further action is taken. In November 2019, VHA further clarified in another interim policy the purpose of all national policy and guidance documents, including the purpose and audience for each document type. Because VHA interim policy, by definition, is automatically rescinded after 1 year unless incorporated into a national policy directive, VHA needs to provide us with the finalized version of its recertified national policy directive in order to fully implement this recommendation. The recertified national policy directive should include the framework outlined in its interim policy documents.

Recommendation: The Under Secretary for Health should develop standard processes for consistently maintaining and disseminating guidance documents to each level of the organization. (Recommendation 2)

Agency: Department of Veterans Affairs: Veterans Health Administration
Status: Open

Comments: VA agreed with our recommendation. VHA reported that it added a program office memo (also known as "operational memo") section to its internal publications website in November 2017. Uploading operational memos to this website allowed VHA to identify 327 outdated documents that it has since rescinded, as well as numerous other documents that may require rescission. In October 2019, VHA issued an interim policy requiring all operational memos to be maintained on its publications website. Because interim policy is automatically rescinded after 1 year, VHA needs to provide us with the finalized version of its recertified national policy directive that includes the process it established to maintain these documents. In addition, VHA has not provided documentation of how it will disseminate operational memos so that VHA program offices, VISNs, and VAMCs are aware of new or rescinded guidance.

Recommendation: The Under Secretary for Health should establish a mechanism by which program offices systematically obtain feedback from VISNs and VAMCs on national policy after implementation and take the appropriate actions. (Recommendation 4)

Agency: Department of Veterans Affairs: Veterans Health Administration
Status: Open

Comments: VA agreed with our recommendation. In June 2018, VHA reported that it had formed a Field Advisory Workgroup to provide continuing advice on national policy. VHA reported its findings and recommendations from the first workgroup meeting in December 2017 to senior leadership, and held another series of interviews in Summer 2018 to gain additional feedback about how national policy changes affect local facilities. In November 2019, VHA noted that it is developing a standardized process for collecting feedback from the field on published policies. To fully implement this recommendation, VHA should provide documentation of the mechanism by which program offices systematically obtain feedback from VISNs and VAMCs on national policy after implementation and how it will take the appropriate actions.

Recommendation: The Under Secretary for Health should establish a standard policy exemption waiver process and centrally track and monitor approved waivers. (Recommendation 5)

Agency: Department of Veterans Affairs: Veterans Health Administration
Status: Open

Comments: VA agreed with our recommendation. In October 2018, VHA reported that it had collected information on the waiver procedures and areas of improvement that exist at both the national and local levels. Based on this information, VHA's Waiver Workgroup was finalizing its recommendations for implementing a formal waiver process. As of November 2019, VHA had not yet reached a decision on how to proceed. To fully implement this recommendation, VHA should provide us with documentation of a process that standardizes policy exemptions waivers, including tracking and monitoring those that are approved.

Recommendation: The Under Secretary for Health should establish a standard process, including designated oversight roles, to periodically monitor that local policies established by VISNs and VAMCs align with national policies. (Recommendation 6)

Agency: Department of Veterans Affairs: Veterans Health Administration
Status: Open

Comments: VA agreed with our recommendation. In June 2018, VHA reported that it had identified approximately 55,000 local policies and included them in a SharePoint database, which will serve as a baseline for removing redundant or conflicting local policy. In November 2019, VHA issued an interim policy that established business rules for oversight and monitoring local policy development at the VISN and VAMC levels. Specifically, VHA will assess the number of local policies every 6 months as well as identify patterns of non-compliance. In addition, the interim policy includes standardized templates, a recertification requirement of 5 years to mirror the national policy requirement, and restricts VHA program offices from creating requirements for local policy development. VHA also established resources for the new interim policy, such as a list of local policies as required by national policy. Because VHA interim policy, by definition, is automatically rescinded after 1 year unless incorporated into a national policy directive, VHA needs to provide us with the finalized version of its recertified national policy directive in order to fully implement this recommendation.

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.