Civil Monetary Penalties: Federal Agencies’ Compliance with the 2020 Annual Inflation Adjustment Requirements

What GAO Found

In this fifth annual review, GAO found that the majority of federal agencies that could be subject to the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended (IAA), have complied with the provisions of the act to publish 2020 civil monetary penalty inflation adjustments in the Federal Register and report related information in their 2020 agency financial reports (AFR), or equivalent. However, two agencies did not publish inflation adjustments in the Federal Register as of December 31, 2020, and did not report the required information in their 2020 AFRs for one or more of their civil monetary penalties.

Why GAO Did This Study

The IAA includes a provision, added in 2015, requiring GAO to annually submit to Congress a report assessing agencies’ compliance with the annual inflation adjustments required by the act. This is the fifth annual report responding to this requirement.

For more information, contact Paula M. Rascona at (202) 512-9816 or rasconap@gao.gov.

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    In 2009, the Secretary of the Navy set goals to reduce fuel consumption and, 2 years later, initiated a program to install Hybrid Electric Drive (HED) systems on its fleet of Arleigh Burke class (DDG 51 Flight IIA) destroyers. The HED system draws surplus power from the ship's electric system and uses it to propel the ship. This allows the crew to turn off the propulsion engines and save fuel. Since 2011, Navy officials told us that they have spent over $100 million on the development, purchase, and upgrade of six HED systems. In October 2018, the Navy completed installation of one of the systems on the USS Truxtun (DDG 103). However, the Navy has yet to install the remaining five HED systems and now plans to use them to support another research effort. The Navy issued a January 2020 report to Congress on the HED system installed on the USS Truxtun, but did not include some requested information. For example, while the report included performance information from operations on board the USS Truxtun, it did not include sufficient information to determine the overall performance of the HED system. A comprehensive test and evaluation could have assessed the system's performance, reliability, and cyber survivability to inform program decision-making. Further, the report did not include a summary of planned investment that includes: an assessment of the costs and benefits of the HED system, or a projection of the funding needed to execute the program. The Navy stated that it did not include a summary of the planned investments in the report because the HED program was not included in the President's fiscal year 2020 budget and also due to the need for additional HED data. However, Congress appropriated $35 million in funding for the HED program in 2020, which was available to support ship installation of the five previously purchased HEDs. The Navy stated that it can only use a small portion of this funding before it expires in September 2022 since the systems cannot be upgraded and incorporated into a ship's maintenance schedule in the next 3 years. In summer 2020, Navy requirements officials informed GAO and Congress that they plan to suspend the HED program and send the five surplus HED systems to support research into a new electric motor, known as Propulsion Derived Ship Service (PDSS). Navy requirements officials identified several reasons for suspending the HED program, but these reasons differ from information GAO obtained during the course of this review. For example: Navy officials stated that it is expensive to maintain the HED system. However, the commanding officer and crew of the USS Truxtun and senior Navy engineers stated that the system requires little maintenance. Navy officials also stated that the HED is not used very often in operations. According to the Navy's January 2020 report, the system was designed for low-speed operations (speed up to 11 knots), which comprise more than one-third of a typical DDGs operating profile. GAO did not assess the Navy's decision to use the HED systems for PDSS research because the Navy did not have documentation regarding the requirements, testing, schedule, or costs of the PDSS effort. GAO could not determine the merits of suspending the HED program and using the other five HED systems for the PDSS effort because the Navy has yet to complete analysis that determines the costs, benefits, and performance necessary to support such a decision. If the Navy completes a further assessment—which has been requested by Congress—it could provide the information necessary to inform future decisions about the HED program. This report assesses the Navy's HED program. Senate Report 115-262 accompanying the John S. McCain National Defense Authorization Act for Fiscal Year 2019 asked the Navy to submit a report on the HED system installed on the USS Truxtun. GAO was asked to review the Navy's report and the Navy's recent decision to suspend the HED program to pursue the PDSS research project. This report (1) examines the extent to which the Navy's report on the USS Truxtun included information regarding the assessment areas as requested by Congress; and (2) describes the Navy's decision to suspend the HED program and use the HED systems for the PDSS research effort. To conduct this work, GAO reviewed the Navy's 2020 report on the HED system, analyzed data and documentation the Navy used to guide investments, and assessed HED performance information. GAO also interviewed relevant Navy officials, such as the commanding officer and other senior crew of the USS Truxtun, and Navy engineers. GAO is not making any recommendations. For more information, contact Shelby S. Oakley at (202) 512-4841 or oakleys@gao.gov.
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    In U.S GAO News
    The Autonomic Logistics Information System (ALIS) is integral to supporting F-35 aircraft operations and maintenance. However, F-35 personnel at 5 locations GAO visited for its March 2020 report cited several challenges. For example, users at all 5 locations we visited stated that electronic records of F-35 parts in ALIS are frequently incorrect, corrupt, or missing, resulting in the system signaling that an aircraft should be grounded in cases where personnel know that parts have been correctly installed and are safe for flight. At times, F-35 squadron leaders have decided to fly an aircraft when ALIS has signaled not to, thus assuming operational risk to meet mission requirements. GAO found that DOD had not (1) developed a performance-measurement process for ALIS to define how the system should perform or (2) determined how ALIS issues were affecting overall F-35 fleet readiness, which remains below warfighter requirements. DOD recognizes that ALIS needs improvement and plans to leverage ongoing re-design efforts to eventually replace ALIS with a new logistics system. However, as DOD embarks on this effort, it faces key technical and programmatic uncertainties (see figure). Uncertainties about the Future F-35 Logistics Information System These uncertainties are complicated and will require significant planning and coordination with the F-35 program office, military services, international partners, and the prime contractor. For example, GAO reported in March 2020 that DOD had not determined the roles of DOD and the prime contractor in future system development and management. DOD had also not made decisions about the extent to which the new system will be hosted in the cloud as opposed to onsite servers at the squadron level. More broadly, DOD has experienced significant challenges sustaining a growing F-35 fleet. GAO has made over 20 recommendations to address problems associated with ALIS, spare parts shortages, limited repair capabilities, and inadequate planning. DOD has an opportunity to re-imagine the F-35's logistics system and improve operations, but it must approach this planning deliberately and thoroughly. Continued attention to these challenges will help ensure that DOD can effectively sustain the F-35 and meet warfighter requirements. The F-35 Lightning II is DOD's most ambitious and costly weapon system in history, with total acquisition and sustainment costs for the three U.S. military services who fly the aircraft estimated at over $1.6 trillion. Central to F-35 sustainment is ALIS—a complex system that supports operations, mission planning, supply-chain management, maintenance, and other processes. A fully functional ALIS is critical to the more than 3,300 F-35 aircraft that the U.S. military services and foreign nations plan to purchase. Earlier this year, DOD stated that it intends to replace ALIS with a new logistics system. This statement highlights (1) current user challenges with ALIS and (2) key technical and programmatic uncertainties facing DOD as it re-designs the F-35's logistics system. This statement is largely based on GAO's March 2020 report on ALIS ( GAO-20-316 ), as well as previous F-35 sustainment work. GAO previously recommended that DOD develop a performance-measurement process for ALIS, track how ALIS is affecting F-35 fleet readiness, and develop a strategy for re-designing the F-35's logistics system. GAO also suggested that Congress consider requiring DOD to develop a performance-measurement process for its logistics system. DOD concurred with GAO's recommendations and is taking actions to address them. For more information, contact Diana C. Maurer at (202) 512-9627 or maurerd@gao.gov.
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    In U.S GAO News
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