Sexual Harassment: NNSA Could Improve Prevention and Response Efforts in Its Nuclear Security Forces

What GAO Found

The National Nuclear Security Administration (NNSA)—within the Department of Energy (DOE)—and its contractors may have limited information on the prevalence of sexual harassment within the nuclear security forces. NNSA’s nuclear security forces include federal agents in NNSA’s Office of Secure Transportation (OST), which is responsible for transporting nuclear materials, and contracted guard forces at four of its sites. Federal officials at NNSA and contractor representatives at four NNSA sites that process weapons-usable nuclear material reported very few cases of sexual harassment from fiscal years 2015 through 2020. Research shows that the least common response to harassment is to report it or file a complaint. The U.S. Equal Employment Opportunity Commission (EEOC)—which enforces federal laws prohibiting harassment—suggests organizations survey employees to assess the extent to which harassment is a problem in their organization. NNSA does not survey employees on this topic, nor does NNSA call for such surveys in its contracts for security forces. Because NNSA relies solely on reported incidents, it may not have full knowledge into the nature or extent of sexual harassment in OST or by its contractors at its sites. Surveying employees would better position them to identify actions to effectively prevent and respond to harassment.

To varying degrees, NNSA and its contractors follow EEOC’s recommended practices to prevent and respond to sexual harassment in their nuclear security forces. For example, with respect to recommended training practices, NNSA and its contractors provide antiharassment training to all employees, but only one force offers workplace-specific training that addresses sexual harassment risk factors relevant to the security forces. Because NNSA has not formally reviewed EEOC’s practices and considered which to adopt for its nuclear security forces, or made similar considerations for its security force contractors, the agency may be missing opportunities to prevent and respond to sexual harassment.

Selected EEOC Practices for Effective Training to Prevent and Respond to Sexual Harassment and Number of NNSA’s Nuclear Security Forces That Reflect Those Practices in Training

EEOC Promising Practice

Number of forces that reflect the practice

Provided to employees at every level and location of the organization

5 of 5

Tailored to the specific workplace and workforce

1 of 5

Explains the complaint process, as well as any voluntary alternative dispute resolution processes

2 of 5

Explains the range of possible consequences for engaging in prohibited conduct

1 of 5

Source: GAO comparison of National Nuclear Security Administration (NNSA) and protective force contractor information with the U.S. Equal Employment Opportunity Commission’s (EEOC) November 2017 Promising Practices for Preventing Harassment . | GAO-21-307

EEOC has found that NNSA and DOE do not meet all EEOC requirements relevant to preventing and responding to sexual harassment. For example, NNSA does not have an antiharassment program or a compliant antiharassment policy. According to EEOC officials, NNSA and DOE efforts to date have improved some aspects of their EEO programs, but because the agencies have not fully implemented their plans to address deficiencies identified by EEOC, DOE and NNSA may be missing opportunities to establish and maintain effective programs that include protection from and response to sexual harassment.

Why GAO Did This Study

Federal law prohibits sexual harassment in the workplace. Besides being harmful to those harassed, sexual harassment can decrease organizational performance and increase turnover. In January 2019, public allegations of sexual harassment in NNSA’s nuclear security forces drew attention to this issue.

House Report 116-120 provided that GAO review sexual harassment in NNSA’s nuclear security force. This report examines (1) what NNSA and its contractors know about the prevalence of sexual harassment in their nuclear security forces, (2) the extent to which NNSA and its contractors implement EEOC recommendations to prevent and respond to sexual harassment, and (3) the extent to which EEOC found that NNSA and DOE meet its requirements relevant to sexual harassment.

GAO reviewed information on sexual harassment and programs to address such harassment at DOE and NNSA from fiscal years 2015 through 2020. GAO analyzed documents and data, conducted a literature review, interviewed NNSA officials, and compared NNSA and contractor actions with EEOC-recommended practices for preventing harassment.

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    What GAO Found Traditional public schools were the most commonly available schooling option for military families near military installations, similar to schools available to U.S. families in general, according to GAO's analysis of Department of Education 2018-19 data. Over 90 percent of installations had at least one public schooling option nearby—such as a charter or magnet school—in addition to traditional public schools (see figure). Similar to U.S. schools in general, rural installations generally had fewer schooling options compared to their more highly populated urban counterparts. In addition, about one-half of the military installations GAO analyzed are in states that offer private school choice programs that provide eligible students with funding toward a non-public education. At least two of these states have private school choice programs specifically for military families. Public School Options within Average Commuting Distance of Military Installations, School Year 2018-19 Note: According to GAO's analysis of the Department of Transportation's 2017 National Household Travel Survey, the average commuting distance for rural and urban areas is 20 miles and 16 miles, respectively. For the purposes of this report, the term “military installations” refers to the 890 DOD installations and Coast Guard units included in GAO's analysis. Military families in GAO's review commonly reported considering housing options and school features when choosing schools for their children; however, they weighed these factors differently to meet their families' specific needs. For example, one reason parents said that they accepted a longer commute was to live in their preferred school district, while other parents said that they prioritized a shorter commute and increased family time over access to specific schools. Military families also reported considering academics, perceived safety, elective courses, and extracurricular activities. To inform their schooling decisions, most parents said that they rely heavily on their personal networks and social media. Why GAO Did This Study Approximately 650,000 military dependent children in the U.S. face various challenges that may affect their schooling, according to DOD. For example, these children transfer schools up to nine times, on average, before high school graduation. Military families frequently cite education issues for their children as a drawback to military service, according to DOD. GAO was asked to examine the schooling options available to school-age dependents of active-duty servicemembers. This report describes (1) available schooling options for school-age military dependent children in the U.S.; and (2) military families' views on factors they consider and resources they use when making schooling decisions. GAO analyzed data on federal education, military installation locations, and commuting patterns to examine schooling options near military installations. GAO also conducted six discussion groups with a total of 40 parents of school-age military dependent children; and interviewed officials at nine military installations that were selected to reflect a range of factors such as availability of different types of schooling options, rural or urban designation, and geographic region. In addition, GAO reviewed relevant federal laws and guidance, and interviewed officials from DOD, the Coast Guard, and representatives of national advocacy groups for military children. For more information, contact Jacqueline M. Nowicki at (617) 788-0580 or nowickij@gao.gov.
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  • Justice Department Sues to Block Visa’s Proposed Acquisition of Plaid
    In Crime News
    Today, the Department of Justice filed a civil antitrust lawsuit to stop Visa Inc.’s $5.3 billion acquisition of Plaid Inc. Visa is a monopolist in online debit services, charging consumers and merchants billions of dollars in fees each year to process online payments.  Plaid, a successful fintech firm, is developing a payments platform that would challenge Visa’s monopoly. 
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  • List Brokerage Firm Pleads Guilty To Facilitating Elder Fraud Schemes
    In Crime News
    Connecticut list brokerage firm Macromark Inc. pleaded guilty on Friday to knowingly providing lists of potential victims to fraudulent mass-mailing schemes, the Department of Justice announced.  The fraudulent schemes tricked consumers into paying fees for falsely promised cash prizes and purportedly personalized “psychic” services.  Thousands of consumers lost millions of dollars to the schemes.  
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  • Steel and Aluminum Tariffs: Commerce Should Improve Its Exclusion Request Process and Economic Impact Reviews
    In U.S GAO News
    The Department of Commerce (Commerce) has a four-phase process to review companies' requests to be excluded from having to pay Section 232 steel and aluminum tariffs. Commerce ensures an exclusion request is complete, accepts public input, evaluates materials submitted, and issues a final decision. Between March 2018 and November 2019, Commerce received over 106,000 requests; it rejected over 19,000 of them prior to decision due to incorrect or incomplete information. Although rejections may delay relief for requesters and can increase work for Commerce, the agency has not identified, analyzed, or taken steps to fully address the causes of these submission errors. In deciding exclusion requests, Commerce examines objections from steel and aluminum producers to find whether the requested products are reasonably available domestically in a sufficient amount. Commerce may also decide exclusion requests based on national security issues, but has not done so. While Commerce approved two-thirds of exclusion requests, it most often denied requests that had technical errors or where a domestic producer had objected. Commerce did not decide about three quarters of requests within its established timeliness guidelines, as shown in the figure, taking more than a year to decide 841 requests. Commerce took steps to improve timeliness, such as streamlining the review process for some requests and creating a new submission website, but continues not to meet guidelines and had a backlog of 28,000 requests as of November 2019. Until Commerce takes additional steps, companies will continue to encounter delays in obtaining relief. Most Steel and Aluminum Exclusion Decisions Did Not Meet the Department of Commerce's Established Timeliness Guidelines from March 2018 to November 2019 Commerce has not documented the results from any reviews of the tariffs' impacts or assigned responsibility for conducting regular reviews. GAO found evidence of changes in U.S. steel and aluminum imports and markets. For example, imports covered by the tariffs declined after an initial surge and prices dropped after significant increases in earlier years. Evaluating whether the tariffs have achieved the intended goals and how they affect downstream sectors requires more in-depth economic analysis. Without assigning responsibility for conducting regular reviews and documenting the results, Commerce may be unable to consistently assess if adjustments to the tariffs are needed. Citing national security concerns over excess global supply of steel and aluminum, in March 2018 the President placed tariffs on the import of some products using Section 232 of the Trade Expansion Act of 1962. At the President's direction, Commerce established a process to provide relief, or exclusion, from the tariffs. GAO was asked to review Commerce's Section 232 tariff exclusion process. This report assesses (1) the process Commerce uses to decide exclusion requests and to what degree it has accepted submitted requests; (2) what criteria and factors affected Commerce's decisions; (3) how often Commerce met established guidelines for the timely resolution of requests; and (4) the extent to which Commerce reviewed the impacts of the tariffs on steel and aluminum imports, as directed. GAO analyzed Commerce's Bureau of Industry and Security and International Trade Administration records from March 2018 to November 2019, as well as data from the U.S. Census Bureau and the Department of Homeland Security, and spoke with agency officials. GAO recommends that Commerce (1) identify, analyze, and respond to factors in the process that may cause submission errors; (2) take steps to improve timeliness of exclusion request decisions and address the backlog; and (3) assign responsibility for reviewing the tariffs' impact and document the results. Commerce concurred with all three recommendations. For more information, contact Kimberly Gianopoulos at (202) 512-8612 or GianopoulosK@gao.gov .
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  • University of Miami to Pay $22 Million to Settle Claims Involving Medically Unnecessary Laboratory Tests and Fraudulent Billing Practices
    In Crime News
    The University of Miami (UM) has agreed to pay $22 million to resolve allegations that it violated the False Claims Act by ordering medically unnecessary laboratory tests, and submitting false claims through its laboratory and off campus hospital based facilities (“Hospital Facilities”).
    [Read More…]
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    In Crime Control and Security News
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    In Travel
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    In Crime Control and Security News
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