Recommendation: In order to help ensure that DOD and the military departments are providing timely and consistent information on privately financed construction projects to Congress under DOD Instruction 7700.18, the Secretary of Defense should direct the Under Secretary of Defense for Personnel and Readiness--in collaboration with any other relevant DOD stakeholders--to identify the categories of privately financed construction projects, including gifts of major construction, that should be reported through the process outlined in DOD Instruction 7700.18; revise DOD Instruction 7700.18 and any other related policies, as appropriate, to clarify which project types are to be included in and excluded from this reporting process; and require that the military departments update their relevant policies to incorporate the revised policy.

Agency: Department of Defense
Status: Open

Comments: DOD concurred with this recommendation, and stated that it will make clarifications in the next revision of DOD Instruction 7700.18 to clarify the types of privately financed major construction projects that should be reported through the process outlined in the instruction. In July 2020 an official from the Office of the Deputy Assistant Secretary of Defense (Military Community and Family Policy) said that DOD had completed a draft update of the instruction that included language implementing GAO's recommendation. The official also stated that DOD Instruction 7700.18 is interrelated with other DOD guidance which is also being updated. DOD plans to complete the updates to all the relevant policies by June 2021.

Recommendation: In order to ensure that Congress receives all desired information on all gifts of major construction in a timely manner, the Secretary of Defense--in collaboration with any other relevant DOD stakeholders--should identify the lead organization(s) within DOD that will be responsible for developing DOD-wide policy for reporting gifts of major construction that are not reported through the process outlined in DOD Instruction 7700.18, as appropriate.

Agency: Department of Defense
Status: Open

Comments: DOD did not concur with this recommendation, stating that there was already an official, the Under Secretary of Defense for Acquisition, Technology, and Logistics, responsible for developing policies related to gifts of real property, including major construction. However, DOD has not formally assigned responsibility to the Under Secretary (now the Under Secretary for Acquisition and Sustainment) for developing DOD-wide policy on reporting gifts of major construction not covered by the process outlined in DOD Instruction 7700.18. As of July 2020, the department had not taken action to address this recommendation, according to a representative of the Office of the Under Secretary of Defense for Acquisition and Sustainment.

Recommendation: In order to ensure that Congress receives all desired information on all gifts of major construction in a timely manner, the Secretary of Defense--in collaboration with any other relevant DOD stakeholders--should establish DOD-wide policy, as appropriate, on congressional notification of gifts of major construction to cover all such gifts that are not to be reported to Congress through the process outlined in DOD Instruction 7700.18, and require that the military departments update their gift acceptance policies--and any other relevant policies--to incorporate procedures to support DOD's notification requirements.

Agency: Department of Defense
Status: Open

Comments: DOD did not concur with this recommendation, stating that Congress has provided a statutory framework for the department to accept gifts, including gifts of construction, without stipulating any reporting requirements. However, this is inconsistent with DOD Instruction 7700.18, which states that construction projects funded by donations are subject to reporting to Congress. The military departments have been accepting gifts of major construction and reporting some of them to Congress while not reporting others. If DOD does not take action to clarify its policy on reporting such gifts, Congress is likely to continue receiving inconsistent and incomplete information, and to lack an explanation of the scope of the information it is receiving. This in turn may impair Congressional oversight over such projects and their potential effects on future maintenance funding requirements since some projects will not be brought to Congress' attention. As of July 2020, the department had not taken action to address this recommendation, according to a representative of the Office of the Under Secretary of Defense for Acquisition and Sustainment.