Recommendation: The Secretary of the Treasury, as Chairperson of the Boards of Trustees, should work with the other trustees to take steps—in consultation with the chief actuaries of SSA and CMS—to improve the management of the report development schedule in order to provide the Trustees reports to Congress by the statutory deadline. These steps could include regularly updating the schedule using actual progress and archiving the final iteration of the schedules. (Recommendation 1)

Agency: Department of the Treasury
Status: Open

Comments: Treasury agreed with the recommendation and said they would work with the other trustees to take steps to improve the management of the report development schedule.

Recommendation: The Secretary of the Treasury, as Chairperson of the Boards of Trustees, should work with the other trustees to establish a policy to inform Congressional committees of jurisdiction when the trustees determine that the reports are expected to miss the issuance deadline. This outreach should include 1) the factors that are contributing to delays, and 2) the reports' expected issuance dates. (Recommendation 2)

Agency: Department of the Treasury
Status: Open

Comments: Treasury agreed with this recommendation. The agency said it would explore the potential for a policy to inform Congressional committees of jurisdiction when the trustees determine that the reports are expected to miss the April 1 deadline.

Recommendation: The Secretary of the Interior should ensure that the Director of the Office of Insular Affairs, as Chairman of the FSM compact trust fund committee, works with other members of the committee to develop a distribution policy for the FSM compact trust fund, as required by the compact trust fund agreement, that takes into account potential strategies that could address risks to the fund's ability to provide a source of income after fiscal year 2023. (Recommendation 1)

Agency: Department of the Interior
Status: Open

Comments: Upon the report's publication, Interior concurred with our report's recommendations and set a target date for implementation of October 1, 2023. In July 2018, Interior stated that the trust fund committees were in discussions related to identifying the parameters and principles for a distribution policy and formula(s) to calculate the distribution prior to preparing the text of a distribution policy, and that representatives from Interior and the State Department would discuss our recommendations with the trust fund committees. According to the Trust Fund Administrator and Interior, the distribution policy was discussed at subsequent trust fund committee meetings, and trust fund representatives met with FSM representatives in January 2019 to discuss the status of the trust fund and future scenarios for its management. GAO observed the FSM trust fund committee's September 2019 meeting. At the meeting, the trust fund adviser presented a presentation to the committee that discussed issues associated with the distribution policy, fiscal procedures, and timing of the calculation of amounts available for disbursement. However, the FSM compact trust fund committee did not make any decisions regarding steps to address our recommendations. At the meeting, an FSM representative on the FSM compact trust fund committee stated that the FSM's Joint Compact Review and Planning Committee (JCRP) had appointed a chief negotiator and, in light of this appointment, the FSM compact trust fund members would not be taking a position on a distribution policy on behalf of the FSM. The FSM's position is that the distribution policy and other future compact trust fund-related issues should be discussed as part of future negotiations between the FSM and the United States. The December 2019 trust fund committee meeting again included post-2023 issues on the agenda, but the committee did not take actions at that time.

Recommendation: The Secretary of the Interior should ensure that the Director of the Office of Insular Affairs, as Chairman of the FSM compact trust fund committee and of the FSM Joint Economic Management Committee, works with other members of the committees to develop the fiscal procedures required by the compact trust fund agreement. (Recommendation 2)

Agency: Department of the Interior
Status: Open

Comments: Upon the report's publication, Interior concurred with our report's recommendations and stated that discussions to address them are ongoing within the trust fund committees. In July 2018, Interior stated that discussions among the trust fund committees and others were ongoing and the fiscal procedures applicable to the trust fund disbursements will be determined prior to October 1, 2023. In February 2019, Interior stated that discussions about policies and controls were frequent and ongoing among Committee members and staffers along with the trust fund manager and investment advisers. GAO observed the FSM trust fund committee's September 2019 meeting. At the meeting, the trust fund adviser presented a presentation to the committee that discussed issues associated with the distribution policy, fiscal procedures, and timing of the calculation of amounts available for disbursement. However, the FSM compact trust fund committee did not make any decisions regarding steps to address our recommendations. At the meeting, an FSM representative on the FSM compact trust fund committee stated that the FSM's position is that future compact trust fund-related issues should be discussed as part of future negotiations between the FSM and the United States. The December 2019 trust fund committee meeting again included post-2023 issues on the agenda, but the committee did not take actions at that time.

Recommendation: The Secretary of the Interior should ensure that the Director of the Office of Insular Affairs, as Chairman of the FSM compact trust fund committee, works with other members of the committee to address the timing of the calculation of compact trust fund disbursements. (Recommendation 3)

Agency: Department of the Interior
Status: Open

Comments: Upon the report's publication, Interior concurred with our report's recommendations and stated that discussions to address them are ongoing within the trust fund committees. In July 2018, Interior stated that the trust fund committees have been discussing options for ensuring that the timing of the calculation of compact trust fund disbursements align with the budget process of the FSM and that, of the options reviewed thus far, using a multi-year rolling average was the favored option. Interior added that the final determination on the timing of the calculation of the trust fund disbursements will be addressed in the distribution policy. Interior set a target date for implementation of the recommendation to develop a distribution policy of October 1, 2023. In February 2019, Interior stated that discussions about policies and controls were frequent and ongoing among Committee members and staffers along with the trust fund manager and investment advisers. GAO observed the FSM trust fund committee's September 2019 meeting. At the meeting, the trust fund adviser presented a presentation to the committee that discussed issues associated with the distribution policy, fiscal procedures, and timing of the calculation of amounts available for disbursement. However, the FSM compact trust fund committee did not make any decisions regarding steps to address our recommendations. At the meeting, an FSM representative on the FSM compact trust fund committee stated that the FSM's position is that future compact trust fund-related issues should be discussed as part of future negotiations between the FSM and the United States. The December 2019 trust fund committee meeting again included post-2023 issues on the agenda, but the committee did not take actions at that time.

Recommendation: The Secretary of the Interior should ensure that the Director of the Office of Insular Affairs, as Chairman of the RMI compact trust fund committee, works with other members of the committee to develop a distribution policy for the RMI compact trust fund, as required by the compact trust fund agreement, that takes into account potential strategies that could address risks to the fund's ability to provide a source of income after fiscal year 2023. (Recommendation 4)

Agency: Department of the Interior
Status: Open

Comments: Upon the report's publication, Interior concurred with our report's recommendations and set a target date for implementation of October 1, 2023. In July 2018, Interior stated that the trust fund committees were in discussions related to identifying the parameters and principles for a distribution policy and formula(s) to calculate the distribution prior to preparing the text of a distribution policy, and that representatives from Interior and the State Department would discuss our recommendations with the trust fund committees. According to the Trust Fund Administrator and Interior, the distribution policy was discussed at subsequent trust fund committee meetings, and trust fund representatives met with RMI representatives in January 2019 to discuss the status of the trust fund and future scenarios for its management. GAO observed the RMI trust fund committee's September 2019 meeting. At the meeting, the committee received written information from the trust fund adviser that discussed issues associated with the distribution policy, fiscal procedures, and timing of the calculation of amounts available for disbursement, but the scheduled adviser presentation did not occur. At the meeting, an RMI representative on the RMI compact trust fund committee stated that the RMI government has determined that using the original distribution structure, with disbursements in the amount of annual grant assistance and full adjustment for inflation, remains the RMI's position. In addition, any adjustments to the distribution policy and trust fund structure will be made as a result of government to government negotiation. The December 2019 trust fund committee meeting again included post-2023 issues on the agenda, but the committee did not take actions at that time.

Recommendation: The Secretary of the Interior should ensure that the Director of the Office of Insular Affairs, as Chairman of the RMI compact trust fund committee and of the RMI Joint Economic Management and Financial Accountability Committee, works with other members of the committees to develop the fiscal procedures required by the compact trust fund agreement. (Recommendation 5)

Agency: Department of the Interior
Status: Open

Comments: Upon the report's publication, Interior concurred with our report's recommendations and stated that discussions to address them are ongoing within the trust fund committees. In July 2018, Interior stated that discussions among the trust fund committees and others were ongoing and the fiscal procedures applicable to the trust fund disbursements will be determined prior to October 1, 2023. In February 2019, Interior stated that discussions about policies and controls were frequent and ongoing among Committee members and staffers along with the trust fund manager and investment advisers. GAO observed the RMI trust fund committee's September 2019 meeting. At the meeting, the committee received written information from the trust fund adviser that discussed issues associated with the distribution policy, fiscal procedures, and timing of the calculation of amounts available for disbursement, but the scheduled adviser presentation did not occur. At the meeting, an RMI representative on the RMI compact trust fund committee stated that any adjustments to the distribution policy and trust fund structure will be made as a result of government to government negotiation. The December 2019 trust fund committee meeting again included post-2023 issues on the agenda, but the committee did not take actions at that time.

Recommendation: The Secretary of the Interior should ensure that the Director of the Office of Insular Affairs, as Chairman of the RMI compact trust fund committee, works with other members of the committee to address the timing of the calculation of compact trust fund disbursements. (Recommendation 6)

Agency: Department of the Interior
Status: Open

Comments: Upon the report's publication, Interior concurred with our report's recommendations and stated that discussions to address them are ongoing within the trust fund committees. In July 2018, Interior stated that the trust fund committees have been discussing options for ensuring that the timing of the calculation of compact trust fund disbursements align with the budget process of the RMI and that, of the options reviewed thus far, using a multi-year rolling average was the favored option. Interior added that the final determination on the timing of the calculation of the trust fund disbursements will be addressed in the distribution policy. Interior set a target date for implementation of the recommendation to develop a distribution policy of October 1, 2023. In February 2019, Interior stated that discussions about policies and controls were frequent and ongoing among Committee members and staffers along with the trust fund manager and investment advisers. GAO observed the RMI trust fund committee's September 2019 meeting. At the meeting, the committee received written information from the trust fund adviser that discussed issues associated with the distribution policy, fiscal procedures, and timing of the calculation of amounts available for disbursement, but the scheduled adviser presentation did not occur. At the meeting, an RMI representative on the RMI compact trust fund committee stated that any adjustments to the distribution policy and trust fund structure will be made as a result of government to government negotiation. The December 2019 trust fund committee meeting again included post-2023 issues on the agenda, but the committee did not take actions at that time.

Recommendation: The Board should work with SSA to explore options for obtaining data electronically and limiting the reliance of the financial interchange process on manual data entry. (Recommendation 1)

Agency: Railroad Retirement Board
Status: Open

Comments: RRB reported taking steps to implement this recommendation. In January 2020, the agency received a cost estimate from SSA for a proposed data exchange. In May 2020, RRB and SSA held an inaugural conference call and reached an understanding of the technical requirements to move forward with a data exchange. As of June 2020, RRB reports that systems analysts at SSA are developing the procedures and systems necessary for an electronic data exchange. GAO will close this recommendation when the data system is implemented.

Recommendation: The Board should produce written documentation on the financial interchange process such that a knowledgeable third party could carry out and replicate its process consistently without further explanation. (Recommendation 2)

Agency: Railroad Retirement Board
Status: Open

Comments: As of June 2020, RRB reports that it has been working to draft documentation of the financial interchange calculation process, and sharing drafts of this documentation with SSA for its review. SSA has requested revisions in this documentation and RRB plans to hire additional staff to implement GAO's recommendation. GAO will close this recommendation once RRB finalizes its documentation of the financial interchange calculation process.

Recommendation: The Board should produce formal policies on how the work of staff performing the financial interchange is reviewed. (Recommendation 5)

Agency: Railroad Retirement Board
Status: Open

Comments: As of June 2020, RRB reports that it is in the process of developing formal review policies and plans to include them in its written documentation of the financial interchange process. GAO will close this recommendation once RRB's formal review policy is complete.

Recommendation: The Commissioner of SSA should work with RRB to explore options for electronically sharing data and limiting the reliance of the financial interchange process on manual data entry. (Recommendation 6)

Agency: Social Security Administration
Status: Open

Comments: SSA reported that it received a data exchange request from RRB in October 2018. RRB proposed to send SSA a file of beneficiary and earnings data, and receive calculations for sample financial interchange cases. RRB and SSA discussed options for exchanging information electronically. In early 2020, SSA reported that it is developing a Rough Order of Magnitude/Cost Estimate for electronically sharing data and limiting the reliance of the financial interchange process on manual data entry under its existing agreement. The agency has no timeline to complete this effort.

Recommendation: The Commissioner of SSA should take additional steps to provide oversight of financial interchange calculations at the individual-case level. This could include periodically reviewing a subset of these cases. (Recommendation 7)

Agency: Social Security Administration
Status: Open

Comments: In September 2020, SSA reported that it has developed plans to review of a subset of financial interchange calculations as the individual-case level. SSA anticipates that this review will take place following the completion of RRB's fiscal year 2021-2022 financial interchange calculations. We will close this recommendation once SSA's review successfully takes place.

Recommendation: The Secretary of HHS should, consistent with its existing statutory authority, take additional steps to provide oversight of financial interchange calculations at the individual-case level. If the Secretary concludes that there are limitations in its authority in this area, the Secretary should seek to obtain the necessary additional authority. (Recommendation 8)

Agency: Department of Health and Human Services
Status: Open

Comments: As of July 2020, HHS continues to disagree with this recommendation. HHS officials said that RRB is responsible for certifying its costs through the financial interchange, and that they believe the department lacks the authority to question RRB's calculations. We continue to believe that HHS would be better positioned to ensure that the transfers it makes and receives through the interchange are calculated correctly if it reviews case-level calculations. We will close this recommendation if HHS seeks the authority to review financial interchange calculations or takes other steps to ensure the accuracy of financial interchange calculations performed by RRB.

Recommendation: Congress should consider the options for sustaining the Oil Spill Liability Trust Fund as well as the optimal level of funding to be maintained in the Fund, in light of the expiration of the Fund's per-barrel tax funding source in 2017.

Agency: Congress
Status: Open

Comments: In fiscal year 2019, the 116th Congress' House and Senate introduced bills H.R. 3301 and S. 865, respectively, to extend the per barrel tax expiration dates. In addition, the Senate bill proposes a ceiling to cut off the tax if the fund's balance is above a certain amount and to also restart based on meeting certain thresholds. We will continue to monitor legislation and congressional actions.

Recommendation: In order to put the Emergency Relief program on a sound financial footing, Congress may wish to consider the expected future demands on the program and reexamine the appropriate level and sources of funding--including whether to increase the $100 million annual authorized funding and whether the Highway Trust Fund, the General Fund, or some combination would allow the program to accomplish its purpose in a fiscally sustainable manner.

Agency: Congress
Status: Open

Comments: As of November 2019, Congress has not yet taken action on this recommendation. The Emergency Relief Program is due to be reauthorized in 2020.

Recommendation: Congress may also wish to consider tightening the eligibility criteria for Emergency Relief funding, either through amending the purpose of the Emergency Relief program, or by directing FHWA to revise its program regulations. Revised criteria could include limitations on the use of Emergency Relief funds to fully finance projects with scope and costs that have grown as a result of environmental and community concerns.

Agency: Congress
Status: Open

Comments: As of November 2019, Congress has not yet taken action on this recommendation. The Emergency Relief Program is due to be reauthorized in 2020.