Recommendation: The Administrator of RHS should develop and implement a plan for ongoing monitoring, including testing and evaluation, of the obligation tool using relevant data. (Recommendation 1)

Agency: Department of Agriculture: Rural Housing Service
Status: Open

Comments: In June 2019, RHS said that implementing the recommendation would require information technology funding.

Recommendation: The Administrator of RHS should develop controls to check the reasonableness of rental assistance agreement amounts calculated by the obligation tool. (Recommendation 2)

Agency: Department of Agriculture: Rural Housing Service
Status: Open

Comments: In June 2019, RHS said that implementing the recommendation would require information technology funding.

Recommendation: The Administrator of RHS should develop controls to ensure that RHS uses the inflation rates from the President's economic assumptions in developing budget estimates. (Recommendation 3)

Agency: Department of Agriculture: Rural Housing Service
Status: Open

Comments: In June 2019, RHS said it would incorporate the recommended controls into the fiscal year 2021 budget cycle.

Recommendation: The Administrator of RHS should provide guidance to Rural Development state offices that specifies that prior to obligating funds, staff are to review information related to a property's mortgage servicing status. (Recommendation 4)

Agency: Department of Agriculture: Rural Housing Service
Status: Open

Comments: In June 2019, RHS said it was working toward providing the recommended guidance to Rural Development state offices.

Recommendation: To help determine the effectiveness of BRAC homeless assistance conveyances, the Secretaries of Housing and Urban Development and Defense should update the BRAC homeless assistance regulations to require that conveyance statuses be tracked. These regulatory updates could include requiring DOD to track and share disposal actions with HUD and requiring HUD to track the status following disposal, such as type of assistance received by providers and potential withdrawals by providers.

Agency: Department of Defense
Status: Open

Comments: DOD partially concurred with the recommendation to update the BRAC homeless assistance regulations to require that conveyance statuses be tracked, which could include requiring DOD to track and share disposal actions with HUD and requiring HUD to track the status following disposal. In a December 2017 follow up, DOD stated that it plans to address our recommendations regarding the BRAC homeless assistance process when Congress provides BRAC authorizing legislation. DOD added that it will work closely with the military Departments and HUD staff in the process of revising the implementing regulation. As of May 2019, Congress has not authorized another round of BRAC.

Recommendation: To help determine the effectiveness of BRAC homeless assistance conveyances, the Secretaries of Housing and Urban Development and Defense should update the BRAC homeless assistance regulations to require that conveyance statuses be tracked. These regulatory updates could include requiring DOD to track and share disposal actions with HUD and requiring HUD to track the status following disposal, such as type of assistance received by providers and potential withdrawals by providers.

Agency: Department of Housing and Urban Development
Status: Open

Comments: HUD generally concurred with the recommendation to update the BRAC homeless assistance regulations to require that conveyance statuses be tracked, which could include requiring DOD to track and share disposal actions with HUD and requiring HUD to track the status following disposal. HUD stated that it is willing to update the BRAC homeless assistance regulations to track the conveyances of property for homeless assistance, but noted that it will require DOD agreement to do so because the regulations are joint. In a March 2018 follow up, HUD stated it will address GAO recommendations regarding the BRAC homeless assistance process when Congress provides BRAC authorizing legislation. HUD added it would be premature to make any changes to current implementing policies or regulations which could be impacted by new BRAC authorizing legislation. HUD stated it will work closely with the military departments and DOD staff in the process of revising the implementing regulation. As of May 2019, Congress has not authorized another round of BRAC.

Recommendation: To assist homeless assistance providers and LRAs in completing the steps of the BRAC homeless assistance process within required time frames, to provide additional information to reduce unfulfilled expectations about the decisions made in executing the homeless assistance agreements, and to promote a greater dissemination of this information, the Secretaries of Housing and Urban Development and Defense, for each of the following four elements, should update the BRAC homeless assistance regulations; establish information-sharing mechanisms, such as a website or informational pamphlets; or develop templates to include specific guidance that clearly identifies the information that should be provided to homeless assistance providers during tours of on-base property, such as the condition of the property.

Agency: Department of Defense
Status: Open

Comments: DOD partially concurred with the recommendation to update the BRAC homeless assistance regulations, establish information-sharing mechanisms, or develop templates to include specific guidance that clearly identifies the information that should be provided to homeless assistance providers during tours of on-base property, such as the condition of the property. DOD stated that while it already provides generic information about the property, the LRAs and interested homeless assistance providers can undertake facility assessments following the tours. However, DOD did not provide additional detail or explanation about how it would provide information about the condition of the property or access to it. In a December 2017 follow up, DOD stated that it plans to address our recommendations regarding the BRAC homeless assistance process when Congress provides BRAC authorizing legislation. DOD added that it will work closely with the military Departments and HUD staff in the process of revising the implementing regulation. As of May 2019, Congress has not authorized another round of BRAC.

Recommendation: To assist homeless assistance providers and LRAs in completing the steps of the BRAC homeless assistance process within required time frames, to provide additional information to reduce unfulfilled expectations about the decisions made in executing the homeless assistance agreements, and to promote a greater dissemination of this information, the Secretaries of Housing and Urban Development and Defense, for each of the following four elements, should update the BRAC homeless assistance regulations; establish information-sharing mechanisms, such as a website or informational pamphlets; or develop templates to include specific guidance that clearly identifies the information that should be provided to homeless assistance providers during tours of on-base property, such as the condition of the property.

Agency: Department of Housing and Urban Development
Status: Open

Comments: HUD generally concurred with the recommendation to update the BRAC homeless assistance regulations, establish information-sharing mechanisms, or develop templates to include specific guidance that clearly identifies the information that should be provided to homeless assistance providers during tours of on-base property, such as the condition of the property. HUD stated that it will update its BRAC guidebook, website, and presentations to provide clarifying information for homeless assistance providers regarding what information should be included during tours of on-base property. HUD also noted in its response that this will require DOD and military department agreement to implement and that the provision of information about the condition of on-base property and access to that property is under the purview of the military department. In a March 2018 follow up, HUD stated it will address GAO recommendations regarding the BRAC homeless assistance process when Congress provides BRAC authorizing legislation. HUD added it would be premature to make any changes to current implementing policies or regulations which could be impacted by new BRAC authorizing legislation. HUD stated it will work closely with the military departments and DOD staff in the process of revising the implementing regulation. As of May 2019, Congress has not authorized another round of BRAC.

Recommendation: To assist homeless assistance providers and LRAs in completing the steps of the BRAC homeless assistance process within required time frames, to provide additional information to reduce unfulfilled expectations about the decisions made in executing the homeless assistance agreements, and to promote a greater dissemination of this information, the Secretaries of Housing and Urban Development and Defense, for each of the following four elements, should update the BRAC homeless assistance regulations; establish information-sharing mechanisms, such as a website or informational pamphlets; or develop templates to include information for homeless assistance providers to use for preparing their notices of interest.

Agency: Department of Defense
Status: Open

Comments: DOD did not concur with the recommendation to update the BRAC homeless assistance regulations, establish information-sharing mechanisms, or develop templates to include information for homeless assistance providers to use in preparing their notices of interest. In its response, DOD stated that the existing regulatory guidance is adequate for providers' expressions of interest, given that these expressions evolve as the redevelopment planning effort proceeds and they learn more about the property. In a December 2017 follow up, DOD officials stated that they will not take action because they believe this is a community-driven action. As of May 2019, Congress has not authorized another round of BRAC.

Recommendation: To assist homeless assistance providers and LRAs in completing the steps of the BRAC homeless assistance process within required time frames, to provide additional information to reduce unfulfilled expectations about the decisions made in executing the homeless assistance agreements, and to promote a greater dissemination of this information, the Secretaries of Housing and Urban Development and Defense, for each of the following four elements, should update the BRAC homeless assistance regulations; establish information-sharing mechanisms, such as a website or informational pamphlets; or develop templates to include information for homeless assistance providers to use for preparing their notices of interest.

Agency: Department of Housing and Urban Development
Status: Open

Comments: HUD generally concurred with the recommendation to update the BRAC homeless assistance regulations, establish information-sharing mechanisms, or develop templates to include information for homeless assistance providers to use in preparing their notices of interest. HUD stated that it will update its BRAC guidebook, website, and presentations to provide clarifying information for homeless assistance providers to use in preparing their notices of interest. HUD also stated that it considered the current regulations and BRAC guidebook sufficient to inform providers as long as LRAs did not place additional requirements, which may create an undue burden for providers. In a March 2018 follow up, HUD stated it will address GAO recommendations regarding the BRAC homeless assistance process when Congress provides BRAC authorizing legislation. HUD added it would be premature to make any changes to current implementing policies or regulations which could be impacted by new BRAC authorizing legislation. HUD stated it will work closely with the military departments and DOD staff in the process of revising the implementing regulation. As of May 2019, Congress has not authorized another round of BRAC.

Recommendation: To assist homeless assistance providers and LRAs in completing the steps of the BRAC homeless assistance process within required time frames, to provide additional information to reduce unfulfilled expectations about the decisions made in executing the homeless assistance agreements, and to promote a greater dissemination of this information, the Secretaries of Housing and Urban Development and Defense, for each of the following four elements, should update the BRAC homeless assistance regulations; establish information-sharing mechanisms, such as a website or informational pamphlets; or develop templates to include guidance for legally binding agreements and clarification on the implications of unsigned agreements.

Agency: Department of Defense
Status: Open

Comments: DOD partially concurred with the recommendation to update the BRAC homeless assistance regulations, establish information-sharing mechanisms, or develop templates to include guidance for legally binding agreements and clarification on the implications of unsigned agreements. DOD did not commit to taking any actions to provide this information and instead noted that any action should ensure that a legally binding agreement does not bind DOD to disposal actions it is unable to carry out. Nothing in the recommendation requires DOD to sign an agreement it cannot carry out. DOD further noted that the purpose of the legally binding agreement is to provide remedies and recourse for the LRA and provider in carrying out an accommodation following property disposal. In a December 2017 follow up, DOD stated that it plans to address our recommendations regarding the BRAC homeless assistance process when Congress provides BRAC authorizing legislation. DOD added that it will work closely with the military Departments and HUD staff in the process of revising the implementing regulation. As of May 2019, Congress has not authorized another round of BRAC.

Recommendation: To assist homeless assistance providers and LRAs in completing the steps of the BRAC homeless assistance process within required time frames, to provide additional information to reduce unfulfilled expectations about the decisions made in executing the homeless assistance agreements, and to promote a greater dissemination of this information, the Secretaries of Housing and Urban Development and Defense, for each of the following four elements, should update the BRAC homeless assistance regulations; establish information-sharing mechanisms, such as a website or informational pamphlets; or develop templates to include guidance for legally binding agreements and clarification on the implications of unsigned agreements.

Agency: Department of Housing and Urban Development
Status: Open

Comments: HUD generally concurred with the recommendation to update the BRAC homeless assistance regulations, establish information-sharing mechanisms, or develop templates to include guidance for legally binding agreements and clarification on the implications of unsigned agreements. HUD stated that it will update its BRAC guidebook, website, and presentations to provide clarifying information for homeless assistance providers to use in preparing legally binding agreements and on the implications of unsigned agreements. In a March 2018 follow up, HUD stated it will address GAO recommendations regarding the BRAC homeless assistance process when Congress provides BRAC authorizing legislation. HUD added it would be premature to make any changes to current implementing policies or regulations which could be impacted by new BRAC authorizing legislation. HUD stated it will work closely with the military departments and DOD staff in the process of revising the implementing regulation. As of May 2019, Congress has not authorized another round of BRAC.

Recommendation: To assist homeless assistance providers and LRAs in completing the steps of the BRAC homeless assistance process within required time frames, to provide additional information to reduce unfulfilled expectations about the decisions made in executing the homeless assistance agreements, and to promote a greater dissemination of this information, the Secretaries of Housing and Urban Development and Defense, for each of the following four elements, should update the BRAC homeless assistance regulations; establish information-sharing mechanisms, such as a website or informational pamphlets; or develop templates to include specific information on legal alternatives to providing on-base property, including acceptable alternative options such as financial assistance or off-base property in lieu of on-base property, information about rules of sale for on-base property conveyed to homeless assistance providers, and under what circumstances it is permissible to sell property for affordable housing alongside the no-cost homeless assistance conveyance.

Agency: Department of Defense
Status: Open

Comments: DOD did not concur with the recommendation to update the BRAC homeless assistance regulations, establish information-sharing mechanisms, or develop templates to include specific information on legal alternatives to providing on-base property, including acceptable alternative options such as financial assistance or off-base property in lieu of on-base property, information about rules of sale for on-base property conveyed to homeless assistance providers, and under what circumstances it is permissible to sell property for affordable housing alongside the no-cost homeless assistance conveyance. In its response, DOD stated that providers may only be considered through specific expressions of interest in surplus BRAC property, and these suggested alternatives may only be considered within the context of what is legally permissible given the specific circumstances at each installation. Further, DOD noted in its response that HUD may provide examples of alternatives to on-base property that have been approved to date as part of a local accommodation to offer examples for LRAs and providers. In a December 2017 follow up, DOD officials stated that they will not take action because they believe this is a community-driven action. As of May 2019, Congress has not authorized another round of BRAC.

Recommendation: To assist homeless assistance providers and LRAs in completing the steps of the BRAC homeless assistance process within required time frames, to provide additional information to reduce unfulfilled expectations about the decisions made in executing the homeless assistance agreements, and to promote a greater dissemination of this information, the Secretaries of Housing and Urban Development and Defense, for each of the following four elements, should update the BRAC homeless assistance regulations; establish information-sharing mechanisms, such as a website or informational pamphlets; or develop templates to include specific information on legal alternatives to providing on-base property, including acceptable alternative options such as financial assistance or off-base property in lieu of on-base property, information about rules of sale for on-base property conveyed to homeless assistance providers, and under what circumstances it is permissible to sell property for affordable housing alongside the no-cost homeless assistance conveyance.

Agency: Department of Housing and Urban Development
Status: Open

Comments: HUD generally concurred with the recommendation to update the BRAC homeless assistance regulations, establish information-sharing mechanisms, or develop templates to include specific information on legal alternatives to providing on-base property, including acceptable alternative options such as financial assistance or off-base property in lieu of on-base property, information about rules of sale for on-base property conveyed to homeless assistance providers, and under what circumstances it is permissible to sell property for affordable housing alongside the no-cost homeless assistance conveyance. HUD stated that it will update its BRAC guidebook, website, and presentations to clarify that the use of off-base property and financial assistance are acceptable alternate means of homeless assistance accommodation in base redevelopment plans and to include examples of alternatives to on-base property that have been approved to date. HUD also stated that this will require DOD and military department agreement to implement. In a March 2018 follow up, HUD stated it will address GAO recommendations regarding the BRAC homeless assistance process when Congress provides BRAC authorizing legislation. HUD added it would be premature to make any changes to current implementing policies or regulations which could be impacted by new BRAC authorizing legislation. HUD stated it will work closely with the military departments and DOD staff in the process of revising the implementing regulation. As of May 2019, Congress has not authorized another round of BRAC.

Recommendation: To help improve the timeliness of the HUD review process, the Secretary of Housing Urban Development should develop options to address the use of staff resources dedicated to the reviews of bases during a BRAC round, such as assigning temporary headquarters staff or utilizing current field HUD staff.

Agency: Department of Housing and Urban Development
Status: Open

Comments: HUD generally concurred with the recommendation to develop options to address the use of staff resources dedicated to the reviews of bases during a BRAC round, such as assigning temporary headquarters staff or utilizing current field HUD staff. HUD stated that it temporarily assigned headquarters staff and utilized field office staff during the 2005 round of BRAC. HUD also stated that, in the event of another BRAC round the size of 2005, it would encourage Congress to allocate funding for appropriate temporary staff resources to assist the department in meeting important timelines. In a March 2018 follow up, HUD stated it will address GAO recommendations regarding the BRAC homeless assistance process when Congress provides BRAC authorizing legislation. HUD added it would be premature to make any changes to current implementing policies or regulations which could be impacted by new BRAC authorizing legislation. HUD stated it will work closely with the military departments and DOD staff in the process of revising the implementing regulation. As of May 2019, Congress has not authorized another round of BRAC.

Recommendation: To increase consistency and reduce time and predevelopment cost for NAHASDA grant recipients, an interagency effort similar to that of the federal infrastructure task force but specific to tribal housing should be initiated with participants from the Indian Health Service, HUD, Department of the Interior, and the U.S. Department of Agriculture to develop and implement a coordinated environmental review process for all agencies overseeing tribal housing development. In addition, the agencies should determine if it would be appropriate to designate a lead agency in this effort.

Agency: Department of Agriculture
Status: Open

Comments: In September 2017, HUD provided us with documentation that an interagency Coordinated Environmental Review Process Workgroup was formed and included representatives from HUD, the Council on Environmental Quality (CEQ), USDA, Department of Commerce, Department of Energy, Environmental Protection Agency, HHS, Interior, and the Department of Transportation. The workgroup focused on identifying measures that could be taken to coordinate agencies' environmental review processes within the existing framework, and in December 2015, presented 12 recommendations in a final report. The recommendations included developing common categorical exclusions; providing training for agency staff and tribes; continuing review of related environmental laws and authorities to identify opportunities for greater efficiencies; creating regional consortiums; and establishing an ongoing environmental review interagency workgroup. In addition, the workgroup developed a draft implementation plan, and drafted a Memorandum of Understanding whose stated purpose is "to further the shared goals of the parties to ensure comprehensive NEPA environmental reviews while facilitating access to federal assistance for housing and housing-related infrastructure projects in Indian Country involving multiple agencies by avoiding duplication of analyses and ensuring efficient environmental review processes for both tribes and agencies". In December 2018, HHS notified GAO that the final draft implementation plan remained under review by members of the interagency workgroup.

Recommendation: To increase consistency and reduce time and predevelopment cost for NAHASDA grant recipients, an interagency effort similar to that of the federal infrastructure task force but specific to tribal housing should be initiated with participants from the Indian Health Service, HUD, Department of the Interior, and the U.S. Department of Agriculture to develop and implement a coordinated environmental review process for all agencies overseeing tribal housing development. In addition, the agencies should determine if it would be appropriate to designate a lead agency in this effort.

Agency: Indian Health Service
Status: Open

Comments: In September 2017, HUD provided us with documentation that an interagency Coordinated Environmental Review Process Workgroup was formed and included representatives from HUD, the Council on Environmental Quality (CEQ), USDA, Department of Commerce, Department of Energy, Environmental Protection Agency, HHS, Interior, and the Department of Transportation. The workgroup focused on identifying measures that could be taken to coordinate agencies' environmental review processes within the existing framework, and in December 2015, presented 12 recommendations in a final report. The recommendations included developing common categorical exclusions; providing training for agency staff and tribes; continuing review of related environmental laws and authorities to identify opportunities for greater efficiencies; creating regional consortiums; and establishing an ongoing environmental review interagency workgroup. In addition, the workgroup developed a draft implementation plan, and drafted a Memorandum of Understanding whose stated purpose is "to further the shared goals of the parties to ensure comprehensive NEPA environmental reviews while facilitating access to federal assistance for housing and housing-related infrastructure projects in Indian Country involving multiple agencies by avoiding duplication of analyses and ensuring efficient environmental review processes for both tribes and agencies". In December 2018, HHS notified GAO that the final draft implementation plan remained under review by members of the interagency workgroup.

Recommendation: To increase consistency and reduce time and predevelopment cost for NAHASDA grant recipients, an interagency effort similar to that of the federal infrastructure task force but specific to tribal housing should be initiated with participants from the Indian Health Service, HUD, Department of the Interior, and the U.S. Department of Agriculture to develop and implement a coordinated environmental review process for all agencies overseeing tribal housing development. In addition, the agencies should determine if it would be appropriate to designate a lead agency in this effort.

Agency: Department of Housing and Urban Development
Status: Open

Comments: In September 2017, HUD provided us with documentation that an interagency Coordinated Environmental Review Process Workgroup was formed and included representatives from HUD, the Council on Environmental Quality (CEQ), USDA, Department of Commerce, Department of Energy, Environmental Protection Agency, HHS, Interior, and the Department of Transportation. The workgroup focused on identifying measures that could be taken to coordinate agencies' environmental review processes within the existing framework, and in December 2015, presented 12 recommendations in a final report. The recommendations included developing common categorical exclusions; providing training for agency staff and tribes; continuing review of related environmental laws and authorities to identify opportunities for greater efficiencies; creating regional consortiums; and establishing an ongoing environmental review interagency workgroup. In addition, the workgroup developed a draft implementation plan, and drafted a Memorandum of Understanding whose stated purpose is "to further the shared goals of the parties to ensure comprehensive NEPA environmental reviews while facilitating access to federal assistance for housing and housing-related infrastructure projects in Indian Country involving multiple agencies by avoiding duplication of analyses and ensuring efficient environmental review processes for both tribes and agencies". In December 2018, HHS notified GAO that the final draft implementation plan remained under review by members of the interagency workgroup.

Recommendation: To increase consistency and reduce time and predevelopment cost for NAHASDA grant recipients, an interagency effort similar to that of the federal infrastructure task force but specific to tribal housing should be initiated with participants from the Indian Health Service, HUD, Department of the Interior, and the U.S. Department of Agriculture to develop and implement a coordinated environmental review process for all agencies overseeing tribal housing development. In addition, the agencies should determine if it would be appropriate to designate a lead agency in this effort.

Agency: Department of the Interior
Status: Open

Comments: In September 2017, HUD provided us with documentation that an interagency Coordinated Environmental Review Process Workgroup was formed and included representatives from HUD, the Council on Environmental Quality (CEQ), USDA, Department of Commerce, Department of Energy, Environmental Protection Agency, HHS, Interior, and the Department of Transportation. The workgroup focused on identifying measures that could be taken to coordinate agencies' environmental review processes within the existing framework, and in December 2015, presented 12 recommendations in a final report. The recommendations included developing common categorical exclusions; providing training for agency staff and tribes; continuing review of related environmental laws and authorities to identify opportunities for greater efficiencies; creating regional consortiums; and establishing an ongoing environmental review interagency workgroup. In addition, the workgroup developed a draft implementation plan, and drafted a Memorandum of Understanding whose stated purpose is "to further the shared goals of the parties to ensure comprehensive NEPA environmental reviews while facilitating access to federal assistance for housing and housing-related infrastructure projects in Indian Country involving multiple agencies by avoiding duplication of analyses and ensuring efficient environmental review processes for both tribes and agencies". In December 2018, HHS notified GAO that the final draft implementation plan remained under review by members of the interagency workgroup.

Recommendation: To provide clarity for which taxpayers with rental real estate activity must report expense payments on information returns and to provide greater information reporting, Congress may wish to consider amending the Internal Revenue Code to make all taxpayers with rental real estate activity subject to the same information reporting requirements as other taxpayers operating a trade or business.

Agency: Congress
Status: Open

Comments: No legislative action had been taken, as of January 2020, to make owners of rental real estate subject to the same payment reporting requirements regardless of whether they engaged in a trade or business under current law, as GAO recommended in August 2008. Changing reporting requirements and holding taxpayers with rental real estate to the same filing requirements as taxpayers whose activities are considered a trade or business would provide clarity about who is required to file, which would improve tax compliance.