Recommendation: To better ensure that the Dashboard ratings more accurately reflect risk, the Secretaries of the Departments of Agriculture, Education, Energy, Health and Human Services, the Interior, State, and Veterans Affairs; and the Director of the Office of Personnel Management should direct their CIOs to factor active risks into their IT Dashboard CIO ratings.

Agency: Department of Health and Human Services
Status: Open

Comments: The Department of Health and Human Services (HHS) agreed with the recommendation and, in a written response, stated that it updated its CIO evaluation methodology to measure active risks in areas such as budget variance, performance, policy and governance compliance, risk management, and contract risk. HHS submitted a draft version of this methodology in June 2018. Upon reviewing this documentation, however, we did not see evidence that the department was factoring active risks into its CIO ratings. In May 2019, HHS officials stated that they planned to update their CIO rating methodology to focus on active risk; however, department documentation from August 2020 stated that the new CIO rating methodology is still in draft form and is not finalized. We will continue to monitor HHS's efforts in implementing this recommendation.

Recommendation: To better ensure that the Dashboard ratings more accurately reflect risk, the Secretaries of the Departments of Agriculture, Education, Energy, Health and Human Services, the Interior, State, and Veterans Affairs; and the Director of the Office of Personnel Management should direct their CIOs to factor active risks into their IT Dashboard CIO ratings.

Agency: Department of Veterans Affairs
Status: Open

Comments: The Department of Veterans Affairs (VA) agreed with the recommendation and, in a written response, stated that the department was amending its CIO rating review process to ensure that active risks are factored into its IT Dashboard CIO ratings. In August 2020, VA submitted documentation for this new process; however, this documentation did not state how the department incorporates active risks into its investments' CIO ratings. We will continue to monitor the implementation of this recommendation.

Recommendation: To better ensure that the Dashboard ratings more accurately reflect risk, the Secretaries of the Departments of Agriculture, Education, Energy, Health and Human Services, the Interior, State, and Veterans Affairs; and the Director of the Office of Personnel Management should direct their CIOs to factor active risks into their IT Dashboard CIO ratings.

Agency: Department of State
Status: Open

Comments: The Department of State (State) agreed with the recommendation, and, in an October 2017 response, stated that it currently evaluates risk as part of its IT governance activities. In March 2019, State informed us that its Bureau of Information Resource Management was developing a new policy and associated guidance for calculating its CIO risk ratings; however, as of September 2020, we have not received this new documentation. We will continue to monitor the status of this recommendation.

Recommendation: To better ensure that the Dashboard ratings more accurately reflect risk, the Secretaries of the Departments of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, State, Transportation, the Treasury, Veterans Affairs; the Administrator of the Environmental Protection Agency; and the Commissioner of the Social Security Administration should direct their CIOs to ensure that their CIO ratings reflect the level of risk facing an investment relative to that investment's ability to accomplish its goals.

Agency: Department of Health and Human Services
Status: Open

Comments: The Department of Health and Human Services (HHS) agreed with the recommendation and, in a written response, stated that it updated its CIO evaluation methodology to measure active risks in areas such as budget variance, performance, policy and governance compliance, risk management, and contract risk. According to HHS, these risk areas reflect both internal and external risks that affect an investment's ability to accomplish its goals. HHS submitted a draft version of this methodology in June 2018. While this documentation showed that HHS factored investment qualities related to overall project riskiness, it did not specify that active investment risks were also being factored as part of the evaluation. Without an additional focus on active risk, this methodology is unlikely to ensure that HHS's CIO ratings reflect the level of risk facing an investment. In May 2019, HHS officials stated that they planned to update their CIO rating methodology; however, per HHS documentation dated August 2020, this new methodology is still in draft form and is not finalized. We will continue to monitor HHS's efforts in implementing this recommendation.

Recommendation: To better ensure that the Dashboard ratings more accurately reflect risk, the Secretaries of the Departments of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, State, Transportation, the Treasury, Veterans Affairs; the Administrator of the Environmental Protection Agency; and the Commissioner of the Social Security Administration should direct their CIOs to ensure that their CIO ratings reflect the level of risk facing an investment relative to that investment's ability to accomplish its goals.

Agency: Department of Veterans Affairs
Status: Open

Comments: The Department of Veterans Affairs (VA) agreed with the recommendation and, in a written response, stated that it will ensure that CIO ratings reflect the level of risk facing its investments. In August 2020, VA submitted documentation for an updated CIO ratings process; however, this process documentation did not state how the department incorporates active risks into its investments' CIO ratings. Without a consideration of active risks, VA's CIO rating process may not produce ratings that reflect the level of risk facing VA's investments. We will continue to monitor the status of this recommendation.

Recommendation: To better ensure that the Dashboard ratings more accurately reflect risk, the Secretaries of the Departments of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, State, Transportation, the Treasury, Veterans Affairs; the Administrator of the Environmental Protection Agency; and the Commissioner of the Social Security Administration should direct their CIOs to ensure that their CIO ratings reflect the level of risk facing an investment relative to that investment's ability to accomplish its goals.

Agency: Department of State
Status: Open

Comments: The Department of State (State) agreed with the recommendation and has provided information on how investment risk is evaluated as part of its IT governance activities. In March 2019, State informed us that its Bureau of Information Resource Management was developing a new policy and associated guidance for calculating its CIO risk ratings; however, as of September 2020, we have not received this new documentation. We will continue to monitor the status of this recommendation.

Recommendation: To improve the reliability and reporting of investment performance information and management of selected major investments, the Commissioner of the IRS should direct the Chief Technology Officer to modify reporting of the Affordable Care Act Administration testing status to senior management to include a comprehensive report on all impacted systems--including an explanation for why impacted systems were not tested at a particular level--and ensure this reporting is aligned with the manner in which testing is being performed.

Agency: Department of the Treasury: Internal Revenue Service
Status: Open

Comments: IRS disagreed with this recommendation at the time we made it stating that it followed a rigorous risk-based process for planning the tests of ACA-impacted systems, including the types and levels of testing, and that it had comprehensive reporting for the filing season 2015 release, which included ACA impacted systems. However, as noted in our report, our review of ACA Testing Review Checkpoint reports and filing season reports, which officials stated were used to provide comprehensive reports to senior managers, did not identify the status of testing for all systems impacted by ACA Releases 5.0 and 6.0. In September 2017, IRS finished developing ACA and the investment transitioned to the operations and maintenance phase. We followed up with IRS to determine the extent to which it might be implementing the recommendation in light of this transition. In response, in June and December 2019 , IRS provided some documentation, including systems acceptance test plans and end-of-test results reports for ACA releases completed since September 2017. We reviewed the documentation provided and determined that it did not provide a status of testing for all systems impacted as we recommended. As of September 2020, we were following up with IRS to determine if the agency has other documentation provided to senior managers that addresses our recommendation.

Recommendation: To improve the reliability of its cost estimates, as NRC revises its cost estimating procedures, the NRC Chairman should ensure that the agency aligns the procedures with relevant cost estimating best practices identified in the GAO Cost Estimating and Assessment Guide and ensure that future cost estimates are prepared in accordance with relevant cost estimating best practices.

Agency: Nuclear Regulatory Commission
Status: Open
Priority recommendation

Comments: In August 2019, NRC staff reported that the Commission had directed them to revise the guidance and resubmit it to the Commission by January 2020. In February 2020, the NRC staff submitted the revised guidance to the Commission. NRC staff said that following Commission review and approval, they will publish the guidance. We will review the cost-benefit guidance when it is released and determine if it responds to this recommendation.

Recommendation: To reduce uncertainty about the expected cost and schedule of the U.S. ITER Project and its potential impact on the U.S. fusion program, once the ITER Organization completes its reassessment of the international project schedule, the Secretary of Energy should direct the Associate Director of the Office of Fusion Energy Sciences to use that schedule, if reliable, to propose a final, stable funding plan for the U.S. ITER Project, approve a performance baseline with finalized cost and schedule estimates, and communicate this information to Congress.

Agency: Department of Energy
Status: Open
Priority recommendation

Comments: DOE approved a performance baseline for the first plasma portion of the U.S. ITER Project in January 2017 and communicated that performance baseline to Congress. However, as of June 2020, DOE has not set a performance baseline for the post-first plasma portion of the project. DOE officials told us the Administration was reviewing U.S. participation in ITER. They said that if, at the end of the review, the Administration decided to continue U.S. participation in ITER, then DOE would set a performance baseline for the post-first plasma portion of the U.S. ITER Project.

Recommendation: To reduce uncertainty about the expected cost and schedule of the U.S. ITER Project and its potential impact on the U.S. fusion program, the Secretary of Energy should direct the Associate Director of the Office of Fusion Energy Sciences to direct the U.S. ITER Project Office to revise and update the project's cost estimate to meet all characteristics of high-quality, reliable cost estimates. Specifically, the U.S. ITER Project Office should revise the project's cost estimate to ensure it is credible by including a comprehensive sensitivity analysis that includes all significant cost elements and conducting an independent cost estimate.

Agency: Department of Energy
Status: Open

Comments: DOE revised and updated the cost estimate for the first plasma portion of the U.S. ITER Project in November 2016. Officials reported that, as part of that update, the U.S. ITER Project Office completed a comprehensive sensitivity analysis and that the Office of Science's Office of Project Assessment had conducted a review of the revised cost estimate. However, as of June 2020, DOE had yet to revise and update the cost estimate for the post-first plasma portion of the U.S. ITER Project. DOE officials told us they planned to do so when they set a performance baseline for that portion of the project, which they expected to do if, at the end of an ongoing review, the Administration decided to continue U.S. participation in ITER.

Recommendation: To improve the CSA program, the Secretary of Transportation should direct the FMCSA Administrator to revise the SMS methodology to better account for limitations in drawing comparisons of safety performance information across carriers; in doing so, the Secretary of Transportation should direct the FMCSA Administrator to conduct a formal analysis that specifically identifies: (1) limitations in the data used to calculate SMS scores including variability in the carrier population and the quality and quantity of data available for carrier safety performance assessments, and (2) limitations in the resulting SMS scores including their precision, confidence, and reliability for the purposes for which they are used.

Agency: Department of Transportation
Status: Open
Priority recommendation

Comments: FMCSA did not agree with our recommendation, disputing the methodology and conclusions in our report. However, we continue to believe that addressing Safety Measurement System (SMS) methodology limitations has merit and could help the agency better target FMCSA's resources to the carriers that pose the highest risk of crashing. For example, we found FMCSA requires a minimum level of information for a carrier to receive an SMS score; however, this requirement is not strong enough to produce sufficiently reliable scores. As a result, FMCSA identified many carriers as high risk that were not later involved in a crash, potentially causing FMCSA to miss opportunities to intervene with higher risk carriers. To fully implement this recommendation, FMCSA should revise SMS methodology to account for data limitations that limit comparisons so that the FMCSA is better positioned to identify and mitigate carriers that pose the greatest safety risks. FMCSA has recently developed and tested a new methodological approach that could potentially account for the limitations we identified. While FMCSA has not yet committed to deploying the new methodology, they hope to do so some time in 2020.

Recommendation: To improve the CSA program, the Secretary of Transportation should direct the FMCSA Administrator to ensure that any determination of a carrier's fitness to operate properly accounts for limitations we have identified regarding safety performance information.

Agency: Department of Transportation
Status: Open

Comments: The Federal Motor Carrier Safety Administration (FMCSA) agreed with the basic principles that GAO addressed in this area, but disagreed with GAO's characterization of FMCSA's proposed Safety Fitness Determination (SFD) rule. In January 2016, FMCSA issued a notice of proposed rulemaking (NPRM), which proposed a revised methodology for issuance of a safety fitness determination for motor carriers. Specifically, the new methodology would have determined when a motor carrier is not fit to operate commercial motor vehicles in or affecting interstate commerce based on the carrier's on-road safety data; an investigation; or a combination of both. However, in July 2018, in part due to a review of SMS by the National Academies of Science congressionally mandated evaluation of SMS, FMCSA announced that the enhancements previously proposed will not be completed.

Recommendation: Congressmay wish to consider amending the Internal Revenue Code to authorize IRS to assess penalties on preparers for failure to comply with section 6011(e)(3).

Agency: Congress
Status: Open

Comments: A bill was introduced on June 28, 2011, which would have amended electronic filing requirements for paid preparers. This included language amending section 6695 of the Internal Revenue Code to include a penalty of $50 for failure to electronically file returns under section 6011 (e)(3). However, this bill was never enacted. As of January 2020, there are no bills pending that would provide IRS with authority to penalize paid preparers for failure to electronically file returns as GAO recommended

Recommendation: To promote an efficient use of resources and to better plan for the design of a new performance management system, the Secretary of Defense should direct the Deputy Assistant Secretary of Defense for Civilian Personnel Policy to, in conjunction with the DOD Comptroller, help ensure that information identifying and supporting the costs of the NSPS termination and new performance management system is documented, reliable, traceable to a source document, and readily available for examination.

Agency: Department of Defense
Status: Open

Comments: GAO staff met with DOD officials in October 2019 to discuss the status of the department's new performance management system and any efforts to address this recommendation. DOD officials agreed to provide documentation related to these efforts, but, as of November 2019, this documentation. has not been received. Further updates will be made once that documentation is received and reviewed.

Recommendation: To improve the Bureau's use of its master schedule to manage the 2020 decennial census, the Secretary of Commerce should require the Director of the U.S. Census Bureau to include estimates of the resources, such as labor, materials, and overhead costs, in the 2020 integrated schedule for each activity as the schedule is built, and prepare to carry out other steps as necessary to conduct systematic schedule risk analyses on the 2020 schedule.

Agency: Department of Commerce
Status: Open
Priority recommendation

Comments: Commerce neither agreed nor disagreed with this recommendation. Regarding GAO's 2013 assessment of the Bureau's schedule (GAO-14-59), Bureau officials stated that they hoped to begin identifying the resources needed for each activity in their schedules by early 2014. Bureau officials announced they had completed the 2020 Census schedule in July 2016, and have since periodically described their intent to link resources to activities within their schedules. However, as of May 2018, when the Bureau had not taken these steps. Senior Bureau officials stated that it would require additional staffing in order to plan for and implement this recommendation. In July 2018 (GAO-18-589) we reported again on the status of the Bureau's scheduling, stating that when the Bureau has resource loaded its schedule, it will be able to use the schedule more effectively as a management tool. The Bureau took steps toward assigning resources to its master activity schedule for the 2020 Census, but effectively ran out of time to do so. Assigning resources to large complex schedules is easier to do early in schedule development process, as we recommended the Bureau do in 2009 for its 2020 Census schedule. This recommendation will remain open pending the Bureau taking steps in developing its 2030 schedule with appropriate resources linked to it.

Recommendation: To help implement a fair, effective, and credible performance management system for its civilian employees--whether NSPS or another--the Secretary of Defense should review and evaluate the effectiveness of the department's training.

Agency: Department of Defense
Status: Open

Comments: The National Defense Authorization Act for Fiscal Year 2010 which repealed the National Security Personnel System required that DOD (1) take all actions necessary for the orderly termination of NSPS and (2) transition of all employees and positions from NSPS to legacy personnel systems or, if applicable, to the personnel systems that would have applied if NSPS had never been established. The law also mandated that the transition be completed by no later than January 1, 2012 and required DOD to establish a new performance management system, among other things. DOD began to implement a new performance management system in 2016. GAO staff met with DOD officials in October 2019 to discuss the status of the new system and any efforts to address these recommendations. DOD officials agreed to provide documentation related to these efforts, but, as of November 2019, have not yet done so. Further updates will be made once that documentation is received and reviewed.

Recommendation: To help implement a fair, effective, and credible performance management system for its civilian employees--whether NSPS or another--the Secretary of Defense should ensure that guidance is in place for conducting a postdecisional analysis that specifies what process the components should follow to investigate and eliminate potential barriers to fair and equitable ratings.

Agency: Department of Defense
Status: Open

Comments: The National Defense Authorization Act for Fiscal Year 2010 which repealed the National Security Personnel System required that DOD (1) take all actions necessary for the orderly termination of NSPS and (2) transition of all employees and positions from NSPS to legacy personnel systems or, if applicable, to the personnel systems that would have applied if NSPS had never been established. The law also mandated that the transition be completed by no later than January 1, 2012 and required DOD to establish a new performance management system, among other things. DOD began to implement a new performance management system in 2016. GAO staff met with DOD officials in October 2019 to discuss the status of the new system and any efforts to address these recommendations. DOD officials agreed to provide documentation related to these efforts, but, as of November 2019, have not yet done so. Further updates will be made once that documentation is received and reviewed.

Recommendation: To help implement a fair, effective, and credible performance management system for its civilian employees--whether NSPS or another--the Secretary of Defense should include, as part of the department's monitoring of the implementation of its system, efforts to monitor and evaluate how the safeguards specifically are implemented by lower-level organizations across the department.

Agency: Department of Defense
Status: Open

Comments: The National Defense Authorization Act for Fiscal Year 2010 which repealed the National Security Personnel System required that DOD (1) take all actions necessary for the orderly termination of NSPS and (2) transition of all employees and positions from NSPS to legacy personnel systems or, if applicable, to the personnel systems that would have applied if NSPS had never been established. The law also mandated that the transition be completed by no later than January 1, 2012 and required DOD to establish a new performance management system, among other things. DOD began to implement a new performance management system in 2016. GAO staff met with DOD officials in October 2019 to discuss the status of the new system and any efforts to address these recommendations. DOD officials agreed to provide documentation related to these efforts, but, as of November 2019, have not yet done so. Further updates will be made once that documentation is received and reviewed.

Recommendation: Congress may wish to consider requiring the Departments of Justice, Homeland Security, and Treasury to collaborate on the development and implementation of a joint radio communications solution. Specifically, Congress may wish to consider requiring the departments to (1) establish an effective governance structure that includes a formal process for making decisions and resolving disputes, (2) define and articulate a common outcome for this joint effort, and (3) develop a joint strategy for improving radio communications.

Agency: Congress
Status: Open

Comments: Legislation has been enacted to provide funding for, among other things, the development of a nationwide, interoperable broadband network that is aimed at improving interoperable radio communications among public safety officials. However, the use of the broadband network by public safety users will be voluntary. In addition, officials from the Departments of Justice, Homeland Security, and the Treasury stated that, once mission-critical voice capabilities have been developed for the broadband network, their respective departments will determine whether they will use the network to support their mission-critical operations. Therefore, until the three departments have the information they need to make a decision to use the nationwide public safety broadband network to support mission critical voice capabilities, it is uncertain if the legislation will remedy these agencies' fragmented approaches to improving interoperable radio communications. As of March 2020, there has been no legislative action taken in the current Congress.

Recommendation: In order to develop an approach to decision making and the development of evidence on high-clockspeed trends affecting highway safety that are characterized by uncertainty, the Secretary of Transportation should consider and evaluate practices and principles for making decisions under conditions of uncertainty and for using data in such decision making and, on that basis, develop an approach to guide decision making on high-clockspeed trends that, although somewhat uncertain, may affect highway safety.

Agency: Department of Transportation
Status: Open

Comments: In GAO-09-56, GAO recommended the Secretary of Transportation consider and evaluate practices and principles for making conditions under uncertainty and for using data in light of issues encountered in developing evidence on high-clockspeed trends affecting highway safety that are characterized by uncertainty. GAO had studied driver distraction involving electronic devices, in particular cell phones with texting capability and identified these evolving electronic devices as a high clockspeed trend. DOT reports several actions on distracted driving, specifically: (1) an Executive Order to federal employees not to engage in text messaging while driving government-owned vehicles; when using electronic equipment supplied by the government while driving; or while driving privately owned vehicles when they are on official business; (2) the Secretary called on state and local governments to (a) make distracted driving part of their state highway plans, (b) pass state and local laws against distracted driving in all types of vehicles, (c) back up public awareness campaigns with high-visibility enforcement actions; (3) the Secretary directed the Department to establish an on-line clearinghouse on the risks of distracted driving and also (4) pledged to continue the Department's research on how to best combat distracted driving. DOT also notes that the Department's www.distraction.gov website provides information on the latest data on distracted driving and that 34 states have passed laws against texting and driving since the 2009 announcement by the Secretary of DOT.

Recommendation: The Secretary of Transportation should evaluate whether or not new approaches to data collection are needed to better track new trends related to highway safety.

Agency: Department of Transportation
Status: Open

Comments: DOT has not responded to this recommendation.

Recommendation: In order to improve the information available to the Congress for reauthorization, the Secretary of Transportation should analyze and report on trends currently anticipated to affect highway safety through 2020 and beyond in a systematic fashion--including information on high-clockspeed trends, discussion of evidence about these and other individual trends, their implications and potential interactions, and DOT responses.

Agency: Department of Transportation
Status: Open

Comments: DOT has not responded to this recommendation, but DOT announced a distracted driving summit September 30-October 1, 2009, with a limited number of invitees, and invited the GAO Assistant Director on this report to participate. U.S. Transportation Secretary Ray LaHood stated that the purpose of the summit is to "to address the dangers of text-messaging and other distractions behind the wheel." The summit will include "senior transportation officials, elected officials, safety advocates, law enforcement representatives and academics" who will convene in Washington, DC "to discuss ideas about how to combat distracted driving."

Recommendation: In order to improve the information available to the Congress for reauthorization, the Secretary of Transportation should determine, in consultation with relevant congressional committees, schedules for periodic reporting that will be sufficiently frequent to update the Congress on fast-changing trends.

Agency: Department of Transportation
Status: Open

Comments: DOT has not responded to this recommendation.