Recommendation: The Secretary of Energy should direct the Director of LM and the Assistant Secretary of the Office of Environmental Management to develop agreements and procedures for identifying and addressing circumstances at LM sites that require new cleanup work beyond the scope of LM's mission, capabilities, and resources. (Recommendation 1)

Agency: Department of Energy
Status: Open

Comments: In providing comments on this report, DOE concurred with this recommendation but has not yet taken actions necessary to implement it. In July 2020, DOE officials told us that the Office of Legacy Management (LM) and the Office of Environmental Management will work together to expand on agreements and procedures for identifying and addressing new cleanup work beyond LM's mission scope of providing long-term stewardship. DOE officials estimated that this effort would be completed by September 30, 2021.

Recommendation: The Secretary of Energy should direct the Director of LM to work with the Nuclear Regulatory Commission to develop agreements and procedures for identifying and addressing circumstances at LM sites that require new cleanup work beyond the scope of LM's mission, capabilities, and resources. (Recommendation 2)

Agency: Department of Energy
Status: Open

Comments: In providing comments on this report, DOE concurred with this recommendation but has not yet taken actions necessary to implement it. In July 2020, DOE officials told us that the Office of Legacy Management (LM) will work with the Nuclear Regulatory Commission to develop agreements and procedures for identifying and addressing new cleanup work beyond LM's mission scope of providing long-term stewardship. DOE officials estimated that this effort would be completed by September 30, 2021.

Recommendation: The Secretary of Energy should direct the Director of LM to, as called for in LM's strategic plan, develop plans to assess the effect of climate change on LM's sites and to mitigate any significant impacts. These plans should incorporate principles from GAO's Disaster Resilience Framework, as appropriate. (Recommendation 3)

Agency: Department of Energy
Status: Open

Comments: In providing comments on this report, DOE concurred with this recommendation but has not yet taken actions necessary to implement it. In July 2020, DOE officials told us that the Office of Legacy Management (LM) uses models to evaluate sites' vulnerability and resilience to environmental trends over time. DOE officials said that LM will build upon its current operations to develop assessment and mitigation plans that take into account any significant effects of climate change and that incorporate principles from GAO's Disaster Resilience Framework, as appropriate. DOE officials estimated that this effort would be completed by September 2022.

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

Agency: Department of State
Status: Open

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

Recommendation: The Assistant Secretary of DOE's Office of Environmental Management should direct RL to conduct a root cause analysis to identify any programmatic causes that may have led to the collapse of PUREX Tunnel 1. (Recommendation 1)

Agency: Department of Energy: Office of the Assistant Secretary for Environmental Management: Environmental Management Consolidated Business Center
Status: Open

Comments: DOE concurs with this recommendations and has agreed to conduct a root cause analysis examining the programmatic cause leading to the Hanford PUREX tunnel collapse. In DOE's October 2020 Audit Report regarding the implementation of recommendations in our report, DOE states that the Office of Environmental Management is taking action to implement this recommendation, but that action is still insufficient to satisfy the recommendation.

Recommendation: The Secretary of Energy should ensure DOE headquarters offices responsible for the oversight of EM sites' field offices conduct an assessment of RL's management and oversight of the Hanford Site contractor's surveillance and maintenance activity for contaminated excess facilities. Based on the results of this assessment, DOE headquarters offices should consider whether such assessments should be conducted on a periodic basis. (Recommendation 3)

Agency: Department of Energy: Office of the Secretary
Status: Open

Comments: DOE concurs with this recommendation and the Office of Environmental Management agreed to conduct an assessment, in coordination with headquarters oversight offices, of the Richland Operations Office's management and oversight of the Hanford Site contractor's surveillance and maintenance activities for contaminated excess facilities. In DOE's October 2020 Audit Report regarding the implementation of recommendations in our report, DOE states that the Office of Environmental Management is taking action to implement this recommendation, but that action is still insufficient to satisfy the recommendation.

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

Agency: Department of State
Status: Open

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

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

Agency: Department of State
Status: Open

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

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

Agency: Department of State
Status: Open

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

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

Agency: Department of State
Status: Open

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

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

Agency: Department of State
Status: Open

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

Recommendation: The NNSA Administrator should revise the scope of the mission need statement to clarify which mission need it seeks to achieve and, as appropriate, adjust the range of options considered in the analysis of alternatives process. (Recommendation 1)

Agency: Department of Energy: National Nuclear Security Administration
Status: Open

Comments: NNSA disagreed with our recommendation and has not taken steps to implement it. In August 2019, GAO requested an update on the status of the small centrifuge project at Oak Ridge since NNSA officials indicated in May 2019 that the status of the small centrifuge project will impact NNSA's ability to complete the analysis of alternatives (AOA) process by December 2019, as originally planned. Early in calendar year 2020, NNSA announced that completion of the AOA would be delayed to the end of fiscal year 2020. In September 2020, NNSA stated that the COVID-19 pandemic had further delayed the AOA and that the agency had not determined a revised target date for completion. We will continue monitoring the AOA process and will review the AOA once it is completed to determine whether we can close this recommendation at that time.

Recommendation: The NNSA Administrator should--following clarification of the scope of the mission need statement--ensure that the agency's cost estimates for whichever options it considers going forward are aligned with the scope of the mission need that the enrichment capability is intended to fulfill and that they are developed consistent with best practices. (Recommendation 2)

Agency: Department of Energy: National Nuclear Security Administration
Status: Open

Comments: NNSA disagreed with our recommendation and has not taken steps to implement it. In August 2019, GAO requested an update on the status of the small centrifuge project at Oak Ridge since NNSA officials indicated in May 2019 that the status of the small centrifuge project will impact NNSA's ability to complete the analysis of alternatives (AOA) process by December 2019, as originally planned. Early in calendar year 2020, NNSA announced that completion of the AOA would be delayed to the end of fiscal year 2020. In September 2020, NNSA stated that the COVID-19 pandemic had further delayed the AOA and that the agency had not determined a revised target date for completion. We will continue monitoring the AOA process and will review the AOA once it is completed to determine whether we can close this recommendation at that time.

Recommendation: The Secretary of Energy, working with the Administrator of the National Nuclear Security Administration, should include more complete information on the assessments--that is, security plans, vulnerability assessments, independent assessments, and other assessments--used in the annual reports to support the agencies' assessments that DOE and NNSA sites are secure.

Agency: Department of Energy
Status: Open

Comments: We reported in May 2019 that DOE and NNSA continued to make progress in responding to this recommendation. The draft 2018 annual report contained, as recommended, more complete and uniform information on assessments, though in some cases different terminology was used by programs and sites. As of June 2020, we have requested final 2018, 2019, and 2020 annual reports from NNSA to ensure progress has continued. Once we have received and reviewed the reports, we will update the status of this recommendation.

Recommendation: Additionally, the Secretary of Energy should develop a plan for addressing the physical security infrastructure needs at DOE sites. Similar to a report under development by NNSA, this plan could identify cost and time frames and enable DOE and the Congress to prioritize these projects.

Agency: Department of Energy
Status: Open

Comments: As of June 2020, DOE has not implemented this recommendation. While DOE program offices (Environmental Management, Science, and Nuclear Energy) are individually considering long-term needs, the program offices are not required by Congress to submit the kind of physical security plan that Congress requires of NNSA. In the absence of Congressional direction, we believe it is unlikely that DOE will fully implement this recommendation.

Recommendation: Additionally, the Secretary of Energy should, in future annual security certification reports, inform Congress of the reasons for the delayed implementation of the June 2011 DOE material control and accountability order at some sites, as well as the steps DOE and its sites are taking to implement it. DOE should also provide Congress with information on any vulnerabilities or deficiencies in the security at sites that may potentially exist while the sites complete implementation of the order as well as information on any concomitant adjustment to their security posture that is required.

Agency: Department of Energy
Status: Open

Comments: As of June 2020, we are continuing to monitor actions related to this recommendation. DOE has acknowledged in a classified memorandum the security risks associated with the slow pace of the material control and accountability order. DOE has also developed a plan to implement measures to address these risks in a phased approach with final implementation sometime in the 2020s. Some of the early phases will be complete between 2019 and 2022, but others will extend beyond 2022. As such, it will be important for DOE to continue to report to Congress on residual risk until planned actions are fully completed and their implementation has been verified by the relevant DOE program offices and DOE's Office of Enterprise Assessments. We will update the status of this recommendation once we have we have received and reviewed DOE's classified 2018-2020 annual reports to ensure this action is taken.

Recommendation: To develop an estimate of the scope of work remaining to address uranium contamination on or near the Navajo reservation, Congress should consider requiring that the Environmental Protection Agency take the lead and work with the other federal agencies to develop an overall estimate of the remaining scope of the work, time frames, and costs.

Agency: Congress
Status: Open

Comments: As of September 2020, we are not aware of any legislation being enacted to address this matter for congressional consideration.

Recommendation: In light of the problems BIA has encountered in managing the cleanup at the Tuba City Dump site, the Secretary of the Interior should direct the Assistant Secretary for Indian Affairs to employ best practices in creating the schedule and cost estimates for the remedial action cleanup phase.

Agency: Department of the Interior
Status: Open

Comments: As of September 2020, BIA and EPA had selected a cleanup option for Tuba City Dump, but BIA had not created schedule or cost estimates for the cleanup action. BIA stated it anticipated completing the cleanup design, which will include cost and schedule estimates, by September 2022. GAO will assess BIA's actions once they are complete.

Recommendation: In light of the problems BIA has encountered in managing the cleanup at the Tuba City Dump site, the Secretary of the Interior should direct the Assistant Secretary for Indian Affairs to identify and examine any lessons learned from managing the remedial investigation and feasibility study contract and consider these lessons as part of the acquisition planning process for the remedial action contract.

Agency: Department of the Interior
Status: Open

Comments: As of September 2020, BIA and EPA had selected a cleanup option for Tuba City Dump, but BIA had not initiated the acquisition planning process for the future cleanup contract. BIA stated it anticipated completing the cleanup design work, including the acquisition package, by September 2022. GAO will assess BIA's actions once they are complete.