Recommendation: The Director of USPTO should develop an agency-wide approach to collect information to help evaluate outreach efforts and overall effectiveness of USPTO services aimed at assisting small businesses and inventors that seek to obtain intellectual property protections. (Recommendation 1)

Agency: Department of Commerce: Patent and Trademark Office
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: As SBA develops the partnership agreement as required by the Small Business Innovation Protection Act of 2017, the Associate Administrator for SBA's Office of Entrepreneurial Development should document how SBA and USPTO will coordinate and leverage existing resources. (Recommendation 2)

Agency: Small Business Administration
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: As SBA develops the partnership agreement as required by the Small Business Innovation Protection Act of 2017, the Associate Administrator for SBA's Office of Entrepreneurial Development should develop ways to track SBDC implementation of intellectual property training with USPTO. (Recommendation 3)

Agency: Small Business Administration
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: As SBA develops the partnership agreement as required by the Small Business Innovation Protection Act of 2017, the Associate Administrator for SBA's Office of Entrepreneurial Development should clarify the office's roles and responsibilities in helping SBDCs provide intellectual property training with USPTO. (Recommendation 4)

Agency: Small Business Administration
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Commissioner of CBP should take steps to evaluate the effectiveness of CBP's IPR enforcement efforts, such as by improving its metrics to track the overall effectiveness of its IPR enforcement efforts, evaluating selected activities to enhance IPR enforcement, and developing a process to assess and share information on port-led initiatives to enhance IPR enforcement (Recommendation 1)

Agency: Department of Homeland Security: United States Customs and Border Protection
Status: Open

Comments: CBP concurred with this recommendation. In September 2018, CBP stated that it had established an IPR working group that meets every 4-6 weeks to implement its Fiscal Year 2018 IPR Strategic Plan and develop priorities and metrics. CBP stated that, in these meetings, headquarters and field personnel share information on the results and effectiveness of local and national port initiatives and develop policies for improving IPR enforcement. Additionally, CBP provided evidence that it has begun efforts to improve its tracking of metrics and evaluation of selected activities to enhance IPR enforcement. For example, CBP provided data for 5 of the 16 measurement indicators included in its IPR Strategic Plan. Additionally, the IPR Strategic Plan includes at least 5 action items to assess or evaluate aspects of CBP's IPR enforcement. As of February 2020, CBP officials indicated they are continuing to work on these efforts. We will continue to monitor their implementation.

Recommendation: The Commissioner of CBP, in consultation with ICE, should assess what, if any, additional information would be beneficial to share with the private sector and, as appropriate, take action to enhance information sharing, where possible, such as by proposing regulatory revisions or requesting additional legal authorities from Congress. (Recommendation 2)

Agency: Department of Homeland Security: United States Customs and Border Protection
Status: Open

Comments: CBP concurred with this recommendation. CBP stated that, in May 2018, it briefed the Senate Finance Committee on six policy goals to improve IPR, import safety, and e-commerce enforcement that require additional legislative authority to implement. In December 2018, CBP stated that it had identified the need to establish an information sharing structure for e-commerce as a first step in implementing its E-Commerce Strategy. CBP officials stated that they would work with offices throughout CBP and with key stakeholders in the trade community and the Commercial Customs Advisory Committee (COAC) to build an information sharing structure and identify the necessary statutory and regulatory changes to implement it. CBP said that, when statutory changes have been identified, it will work through the interagency process to make any necessary Congressional recommendations. In January 2020, the Department of Homeland Security published a report that identified actions to combat trafficking of counterfeit and pirated goods in conjunction with the private sector. These actions included steps to share additional information with the private sector. For example, the report said that when CBP identifies suspected counterfeit merchandise that is destined for a U.S. fulfillment center or warehouse, it will notify the e-commerce platform or other third-party intermediary operating the facility. This will allow the operator of the fulfillment center or warehouse to remove or destroy any identical items from the same seller in coordination with rights holders. The report also recommends the formation of the Anti-Counterfeiting Consortium to Identify Online Nefarious Actors and a framework for sharing information with sellers, shippers, and other third-party intermediaries. If implemented, these steps could help to enhance information sharing with the private sector. GAO continues to monitor the implementation of these actions.

Recommendation: To help ensure that any future decisions by FCC regarding its efforts under the Communications Act of 1934 are based on comprehensive analysis, the FCC should, as part of its future annual video competition reports, analyze how the ongoing evolution in the video programming market affects competition in the related market for set-top boxes and devices, including how this evolution affects the extent to which consumer choice for devices to access MVPD content remains a relevant aspect of the competitive environment. (Recommendation 1)

Agency: Federal Communications Commission
Status: Open

Comments: As of January 2020, FCC officials said they are taking steps to implement this recommendation and hope to do so by October 2020.

Recommendation: To effectively plan and manage its acquisitions of IT systems and increase the likelihood of delivering promised system capabilities on time and within budget, the Librarian should establish and implement an organization-wide policy for developing cost estimates that includes key practices as discussed in this report.

Agency: Library of Congress
Status: Open

Comments: The Library of Congress generally agreed with, and has begun to take steps to implement, this recommendation. Specifically, in January 2017 the Library established a centralized Library-wide Project Management Office, located within the Office of the Chief Information Officer (OCIO). Additionally, in June 2017 the Library updated its regulations to give the Project Management Office the authority to establish organization-wide policy for developing cost estimates. Further, in August 2017 the Project Management Office finalized guidance for developing cost estimates that generally includes the key practices discussed in our report. However, none of the cost estimates for three key investments fully met the practices associated with a comprehensive estimate. In October 2019, the Library provided evidence of its Monte-Carlo risk assessment process. We are currently assessing whether this process is consistent with the practices found in our Cost Estimating and Assessment Guide. We will continue to evaluate the Library's progress in implementing this recommendation.

Recommendation: To effectively plan and manage its acquisitions of IT systems and increase the likelihood of delivering promised system capabilities on time and within budget, the Librarian should establish a time frame for finalizing and implementing an organization-wide policy for developing and maintaining project schedules that includes key practices as discussed in this report, and finalize and implement the policy within the established time frame.

Agency: Library of Congress
Status: Open

Comments: The Library of Congress generally agreed with, and has begun to take steps to implement, this recommendation. Specifically, in January 2017 the Library established a Project Management Office within the Office of the Chief Information Officer (OCIO) and tasked the office with communicating and enforcing Library requirements for project management and systems development. Additionally, in June 2017 the Library updated its regulations to give the Project Management Office the authority to establish organization-wide policy for developing and maintaining schedules. Further, in August 2017 the Project Management Offices finalized guidance for developing schedules that generally includes the key practices discussed in our report. However, none of the schedules for three key investments fully met the practices associated with a well-constructed schedule. In October 2019, the Library provided the schedules that it uses to manage select projects. We are currently reviewing this scheduling documentation to determine the extent to which the Library is implementing its scheduling guidance.