Recommendation: The Secretary of State, in coordination with the Secretary of Energy, should commit to regularly scheduled, substantive briefings for the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations on all initiatives and negotiations related to nuclear cooperation in order to enhance transparency and establish greater confidence with Congress on nuclear cooperation matters. (Recommendation 1)

Agency: Department of State
Status: Open

Comments: We will update this recommendation after receiving information from State regarding its plans to address it.

Recommendation: The Executive Director for Operations of NRC should ensure relevant NRC program offices develop policy and guidance for when to communicate information on work progress to licensees, such as through communications to licensees at specified timeframes or thresholds. (Recommendation 1)

Agency: Nuclear Regulatory Commission: Directorate for Operations
Status: Open

Comments: In January 2020, in its written response to our report, NRC neither agreed nor disagreed with our recommendation but did describe actions that it intends to take in response to our recommendation. NRC stated that it will review its current practice of providing information on work progress to licensees and develop or revise any policy and guidance where necessary. We believe our review sufficiently demonstrated that by implementing our recommendation NRC could further enhance transparency and facilitate planning and budgeting for licensees. We will continue to monitor NRC's actions to address this recommendation.

Recommendation: The Chief Financial Officer of NRC should, in consultation with NRC program offices, develop guidance to ensure NRC staff clearly define what costs—such as project management—are included in its public cost estimates. (Recommendation 2)

Agency: Nuclear Regulatory Commission: Office of the Chief Financial Officer
Status: Open

Comments: In January 2020, in its written response to our report, NRC neither agreed nor disagreed with our recommendation but did describe actions that it intends to take in response to our recommendation. NRC stated that it will review its current web-based cost estimates to determine if changes are necessary and implement those changes as appropriate. We believe our review sufficiently demonstrated that by implementing our recommendation NRC could further enhance transparency and facilitate planning and budgeting for licensees. We will continue to monitor NRC's actions to address this recommendation.

Recommendation: The Secretary of Energy should direct DOE's Office of the Chief Financial Officer to revise DOE's PILT order to require DOE to maintain documentation of key determinants of PILT payments for each community to help ensure that payments are consistent with the agreed-upon bases of PILT payments and PILT goals. (Recommendation 1)

Agency: Department of Energy
Status: Open

Comments: In May 2020, DOE officials told us that DOE convened a working group to identify high-level options for the PILT program and recommend appropriate changes to DOE leadership. According to DOE officials, the working group will consider GAO's findings and recommendations.

Recommendation: The Secretary of Energy should direct DOE's Office of the Chief Financial Officer to revise DOE's PILT order to require DOE site offices to review key determinants of PILT payments in communities' PILT invoices for accuracy and consistency with the agreed-upon bases of PILT payments and PILT goals and for DOE headquarters to document its review and validation of site office determinations. (Recommendation 2)

Agency: Department of Energy
Status: Open

Comments: In May 2020, DOE officials told us that DOE convened a working group to identify high-level options for the PILT program and recommend appropriate changes to DOE leadership. According to DOE officials, the working group will consider GAO's findings and recommendations.

Recommendation: The Secretary of Energy should direct DOE's Office of the Chief Financial Officer to revise DOE's PILT order to provide additional guidance on how communities should calculate their payment requests for their PILT invoices. (Recommendation 3)

Agency: Department of Energy
Status: Open

Comments: In May 2020, DOE officials told us that DOE convened a working group to identify high-level options for the PILT program and recommend appropriate changes to DOE leadership. According to DOE officials, the working group will consider GAO's findings and recommendations.

Recommendation: The Secretary of State should work with IAEA and its member states through the Board of Governors to develop detailed guidelines for prioritizing nuclear security activities. (Recommendation 1)

Agency: Department of State
Status: Open

Comments: The Department of State (State) agreed with this recommendation and it has identified several actions it has taken to implement this recommendation. State also has identified some progress resulting from its actions. Among other actions, State reported in its January 2020 letter to GAO that it is: working with the IAEA to identify ways to better develop and implement strategic planning across the Division of Nuclear Security, potentially including through dedicated staff; conveying to IAEA that it should do more to synthesize information from donor areas of emphasis, member state requests, and the contents of Integrated Nuclear Security Support Plans into a set of inputed priorities; and doing more to coordinate among the larger donors to the Nuclear Security Fund (NSF) to optimize and enhance the way the Division of Nuclear Security prioritizes and carries out its nuclear security activities funded via the NSF. State noted several positive results stemming from these actions, including: (1) an increased emphasis in IAEA's most recent Nuclear Security Report on internal coordination and a more collaborative approach within the IAEA in the implementation of its nuclear security activities, which State believes will help reduce duplication, streamline Agency activities, increase efficiency and effectiveness, and maximize the benefits to IAEA member states; and (2) participation by number of donors to the NSF in a series of informal coordination meetings with the IAEA that included discussing how the Agency views its priorities for its nuclear security activities, which State believes are more likely to result in positive outcomes than priorities negotiated at Board of Governors meetings. GAO will follow up with State in fiscal years 2020 and 2021 to determine the extent to which these efforts lead to more concrete prioritization guidelines for IAEA's nuclear security program.

Recommendation: The Secretary of State should work with IAEA and its member states through the Board of Governors to improve the nuclear security program's performance measures by developing baselines and measurable targets. (Recommendation 2)

Agency: Department of State
Status: Open

Comments: The Department of State (State) agreed with this recommendation and agreed that more could be done by IAEA to define nuclear security program baselines and targets, especially on activities that are mostly or fully within the IAEA's remit. In its January 2020 letter to GAO, State noted that it has advocated for improved program management within the Division of Nuclear Security. State believed the advocacy is having an impact, as is evident in the most recent Nuclear Security Report, which included reference to the continued application of a results-based approach to nuclear security activities which help drive positive outcomes from Agency assistance. State also noted in its letter that it continues to pursue better performance measures during negotiations of the next IAEA Programme and Budget (for 2022-2023) and in the development of the next IAEA Nuclear Security Plan (for 2022-2025). State said that it will continue to encourage IAEA to apply program management best practices, including comprehensively establishing performance measures, documenting baselines, setting clear goals, and measuring outcomes. GAO will follow up with State officials in fiscal years 2020 and 2021 and review the next IAEA Programme and Budget and the 2022-2025 Nuclear Security Plan (which should be issued in September 2021) to assess whether IAEA has improved nuclear security program performance measures, including by incorporating baselines and measurable targets.

Recommendation: The Secretary of State should work with IAEA and its member states through the Board of Governors to improve how the Division of Nuclear Security (DNS) reports to member states by consistently including the results of performance measures in at least one of the reports. (Recommendation 3)

Agency: Department of State
Status: Open

Comments: The Department of State (State) agreed with this recommendation and its January 2020 letter to GAO it indicated that it is working with the IAEA to improve its reporting. Specifically, State reported that in conjunction with its efforts to address recommendation 2, to improve nuclear security program performance measures, it has seen IAEA's Division of Nuclear Security make improvements in an effort to be more consistent and diligent about providing performance measures and reporting results to IAEA member states. In fiscal years 2020 and 2021, GAO will review available IAEA nuclear security reports and will follow up with State to clarify improvements it has observed in IAEA's nuclear security program reporting.

Recommendation: The Secretary of State should work with IAEA and its member states through the Board of Governors to analyze options to stabilize DNS's funding within current fiscal and political constraints to enhance the sustainability of IAEA's nuclear security program. (Recommendation 4)

Agency: Department of State
Status: Open

Comments: The Department of State (State) agreed with this recommendation, and in its January 2020 letter to GAO, State noted that the sustainability of the Division of Nuclear Security's budget remains a major area of focus. State noted that many IAEA member states maintain a position of zero real growth in IAEA's budget and are reluctant to reapportion funding to nuclear security activities from other IAEA programs. State reported that it will advocate for priority areas in IAEA budget negotiations, such as nuclear security, to gain a greater share of any agreed budget increases as an alternative to shifting funds from other programs. State noted that this remains a challenge, but that it will continue to identify options to enhance the sustainability of the IAEA's nuclear security program, including how best to also strengthen governance of the Nuclear Security Fund. GAO will follow up with State in fiscal years 2020 and 2021 regarding the options it has identified and pursued to improve the sustainability of the nuclear security program and its funding.

Recommendation: The Secretary of State should work with IAEA and its member states through the Board of Governors to strengthen the agency's central coordinating role by following key practices for collaboration. (Recommendation 5)

Agency: Department of State
Status: Open

Comments: The State Department (State) agreed with this recommendation, and in its January 2020 letter to GAO it generally stated that it is working with IAEA and its member states to improve collaboration among nuclear security stakeholders and strengthen the Agency's central coordinating role. However, State's letter did not specify actions that State is undertaking in this regard. Instead, State's letter reiterated coordinating actions that IAEA had already been undertaking at the time of our report. GAO will follow up with State in fiscal years 2020 and 2021 to better understand the actions, if any, it is taking or has planned to strengthen IAEA's central coordinating role, as well as any actions IAEA is taking independently to improve its coordinating role consistent with key practices for effective collaboration.

Recommendation: Because some quantities of radioactive materials are potentially dangerous to human health if not properly handled, NRC should take action to better track and secure these materials and verify the legitimacy of the licenses for those who seek to possess them. Specifically, the NRC should take the steps needed to include category 3 sources in the National Source Tracking System and add agreement state category 3 licenses to the Web-based Licensing System as quickly as reasonably possible.

Agency: Nuclear Regulatory Commission
Status: Open
Priority recommendation

Comments: In October 2016, NRC issued a Staff Requirements Memorandum (SRM) "Proposed Staff Re-Evaluation of Category 3 Source Accountability," (SRM-COMJMB-16-0001) and directed NRC staff to take specific actions to evaluate whether it is necessary to revise NRC regulations or processes governing source protection and accountability for category 3 sources. Among other things, this re-evaluation was expected to consider GAO's recommendations. In August 2017, NRC staff completed its analysis and provided recommendations to the NRC Commissioners. (Most of this analysis is available on NRC's website.) In its analysis, the NRC staff recommended not including category 3 sources in the National Source Tracking System. They also recommended not adding agreement state category 3 licenses to the Web-based Licensing System. As of January 2020, the NRC Commissioners have yet to take action on the staff analysis.

Recommendation: Because some quantities of radioactive materials are potentially dangerous to human health if not properly handled, NRC should take action to better track and secure these materials and verify the legitimacy of the licenses for those who seek to possess them. Specifically, the NRC should at least until such time that category 3 licenses can be verified using the License Verification System, require that transferors of category 3 quantities of radioactive materials confirm the validity of a would-be purchaser's radioactive materials license with the appropriate regulatory authority before transferring any category 3 quantities of licensed materials.

Agency: Nuclear Regulatory Commission
Status: Open
Priority recommendation

Comments: In October 2016, NRC issued a Staff Requirements Memorandum (SRM) "Proposed Staff Re-Evaluation of Category 3 Source Accountability," (SRM-COMJMB-16-0001) and directed NRC staff to take specific actions to evaluate whether it is necessary to revise NRC regulations or processes governing source protection and accountability for category 3 sources. Among other things, this re-evaluation was expected to consider GAO's recommendations. In August 2017, NRC staff completed its analysis and provided recommendations to the NRC Commissioners. (Most of this analysis is available on NRC's website.) In its analysis, the NRC staff recommended not requiring transferors of category 3 quantities of radiological material to confirm the validity of licenses prior to transferring any category 3 quantities of these materials. As of January 2020, the NRC Commissioners have yet to take action on the staff analysis.

Recommendation: Because some quantities of radioactive materials are potentially dangerous to human health if not properly handled, NRC should take action to better track and secure these materials and verify the legitimacy of the licenses for those who seek to possess them. Specifically, the NRC should, as part of the ongoing efforts of NRC working groups meeting to develop enhancements to the prelicensing requirements for category 3 licenses, consider requiring that an on-site security review be conducted for all unknown applicants of category 3 licenses to verify that each applicant is prepared to implement the required security measures before taking possession of licensed radioactive materials.

Agency: Nuclear Regulatory Commission
Status: Open

Comments: In October 2016, NRC issued a Staff Requirements Memorandum (SRM) "Proposed Staff Re-Evaluation of Category 3 Source Accountability," (SRM-COMJMB-16-0001) and directed NRC staff to take specific actions to evaluate whether it is necessary to revise NRC regulations or processes governing source protection and accountability for category 3 sources. Among other things, this re-evaluation will consider GAO's recommendations. In August 2017, NRC staff completed its analysis and provided recommendations to the NRC Commissioners. (Most of this analysis is available on NRC's website.) In its analysis, the NRC staff recommended requiring all safety and security equipment to be in place before granting a license to a previously unknown entity. This requirement would apply to all unknown entities applying for a radioactive material license regardless of the quantity of licensed material requested. If NRC took this action, it would fully address this recommendation. As of January 2020, the NRC Commissioners have yet to take action on the staff analysis.