What GAO Found
In 2019, the Department of Energy’s (DOE)’s National Nuclear Security Administration (NNSA) provided a report to Congress on its findings from its survey of the seven contractors that manage and operate its nuclear security enterprise sites to identify requirements the contractors viewed as burdensome. This survey was congressionally mandated after reports by external groups found that the environment in which NNSA carried out its oversight of such management and operating (M&O) contractors was strained. GAO reviewed information on the following three areas related to NNSA’s report:
Comparison of NNSA’s findings with related reports. GAO found that during the past 10 years, three external groups carried out studies and assessments of the nuclear security enterprise and issued reports citing ways NNSA’s oversight has contributed to burden for M&O contractors. These groups were all directed by Congress to complete their studies, which were published between 2014 and 2020. Their reports also cite ways in which NNSA’s oversight may have contributed to increased costs or reduced mission capabilities. NNSA’s Burdensome Regulatory Requirements report explicitly identifies 91 requirements that M&O contractors found burdensome; these include requirements found in sources such as DOE and NNSA directives, federal regulations, and statutes.
NNSA’s approach to collecting and reporting information on requirements that M&O contractors identified as burdensome. NNSA first collected information on the requirements the contractors viewed as burdensome, and second, asked the contractors to rate these requirements based on the likelihood that the requirement could be changed and the effects such a change would have on cost savings, morale, recruitment and retention, and mission capability. While NNSA did not provide a definition to its contractors of what constituted a “burdensome” requirement, some contractors created their own definitions, while others told us the definition was understood based on the previously published related reports. GAO interviewed M&O contractor representatives and found that their definitions of what constituted a “burdensome requirement” varied. Also, the seven M&O contractors used different approaches to identify and rate requirements they considered burdensome. However, multiple M&O contractors identified the same requirements, or sources of those requirements, as burdensome. For example, one contractor identified the entire DOE Order for Program and Project Management of the Acquisition of Capital Assets (DOE Order 413.3B) as burdensome, while another contractor identified specific requirements within the same order as burdensome.
NNSA actions to address matters that M&O contractors identified as burdensome. In its report, NNSA included a list of 16 matters that it committed to reviewing based on the rating data it collected from M&O contractors and input from members of the Operations and Efficiencies Board, an internal body established to improve coordination and collaboration across NNSA’s sites. According to NNSA officials, 10 matters are under revision or have been changed; two matters were reviewed, but no changes were made; and four matters were reviewed, and M&O contractor input will be considered should the regulation undergo a revision in the future. NNSA’s list of matters included DOE directives, federal requirements, and an M&O contract change. According to agency officials, NNSA chose to prioritize its review of certain matters because the agency did not have the resources to review all 91 requirements that M&O contractors identified as burdensome.
NNSA provided technical comments on a draft of this report, which were incorporated as appropriate.
Why GAO Did This Study
NNSA is responsible for maintaining a safe, secure, and reliable nuclear stockpile and relies on and oversees contractors who manage and operate its laboratory and production sites. NNSA’s M&O contracts include requirements for contractors to adhere to laws, regulations, and DOE and NNSA directives. NNSA also has processes to hold contractors accountable for meeting these requirements. Senate Report 115-262, accompanying the John S. McCain National Defense Authorization Act for Fiscal Year 2019, directed NNSA to collect information from its M&O contractors on specific requirements they deemed particularly burdensome and to publish this information in a report.
Senate Report 115-262 also included a provision for GAO to review NNSA’s report. GAO’s report provides information on (1) a comparison of NNSA’s findings with findings reported by external groups, (2) NNSA’s approach to collecting and reporting information on requirements the M&O contractors identified as burdensome, and (3) NNSA’s actions to address the requirements that the M&O contractors identified.
GAO reviewed NNSA’s 2019 report and supplemental documents and interviewed NNSA officials and M&O contractor representatives.
For more information, contact Allison Bawden at (202) 512-3841 or firstname.lastname@example.org.
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- Over-The-Counter Drugs: Information on FDA’s Regulation of Most OTC DrugsBy Sam NewsJuly 30, 2020The Food and Drug Administration (FDA) has regulated most over-the-counter (OTC) drugs—that is, drugs available without a prescription—through the OTC monograph process. FDA has described an OTC monograph as a "rulebook" for marketing safe and effective OTC drugs, such as aspirin, cough and cold medicine, and hand sanitizer. OTC monographs established conditions—such as active ingredients, indications for use, dosage forms, and product labeling—under which an OTC drug was generally recognized as safe and effective. According to FDA officials, before the CARES Act, which was enacted in March 2020, the agency's ability to update and finalize monographs in response to safety issues and to reflect new scientific information was limited by the rulemaking process the agency was required to follow, as well as insufficient resources. Agency officials estimated that it took at least 6 years to complete the required rulemaking process. Additionally, the agency reported it was critically under-resourced to regulate the estimated 100,000 OTC drugs marketed through the monograph process. However, the CARES Act provided for a new process to regulate these OTC drugs rather than the rulemaking process. FDA officials expect it will take less time to update and finalize requirements for OTC drugs using the new process. The CARES Act also authorized FDA to assess user fees to provide additional resources to regulate OTC drugs. Although FDA officials said this new process and user fees should improve its regulation of OTC drugs, the agency's analysis of the effect of the CARES Act is still ongoing. FDA officials told GAO that prior to the CARES Act, they used various methods to identify and respond to safety issues related to OTC drugs. For example, to identify these issues, FDA officials said they read medical literature related to safety issues and reviewed reports submitted to the agency's adverse event reporting system. To respond to these issues, FDA took steps such as issuing drug safety communications to consumers and requesting that manufacturers make changes to a drug's labeling. For example, in 2015, two FDA advisory committees recommended that cough and cold drugs with codeine be removed from the relevant OTC monograph for use in drugs in children. In 2018, FDA also issued a drug safety communication stating the risks outweighed the benefits for the use of these drugs in children. However, FDA officials said these methods were not a substitute for rulemaking because manufacturers could legally market their OTC drugs without making requested safety changes until the rulemaking process was completed. According to FDA officials, the new process for regulating OTC drugs included in the CARES Act could improve FDA's ability to address identified safety risks in a more timely and efficient manner in the future. The act established an expedited process to address safety issues that pose an imminent hazard to public health or to change a drug's labeling to mitigate a significant or unreasonable risk of a serious adverse event. OTC drugs prevent and treat a variety of conditions; for example, sunscreen is used to help prevent sunburn. FDA officials and stakeholders, such as industry representatives and patient and provider groups, have questioned whether the monograph process used to regulate most OTC drugs has been overly burdensome and has limited FDA's ability to quickly update and finalize monographs in response to potential safety issues for consumers. Enacted in March 2020, the CARES Act changed how FDA regulates OTC drugs. The Sunscreen Innovation Act included a provision for GAO to review FDA's regulation of OTC drugs. This report describes, among other issues, (1) the factors that affected FDA's ability to regulate OTC drugs and (2) how FDA identified and responded to safety issues associated with these drugs. GAO reviewed federal statutes and agency documents and interviewed FDA officials and stakeholders familiar with the monograph process. These stakeholders included representatives from the OTC drug industry, health care provider and consumer groups, and researchers. The Department of Health and Human Services provided technical comments on this report, which GAO incorporated as appropriate. For more information, contact John E. Dicken at (202) 512-7114 or email@example.com.[Read More…]
- Defense Management: Opportunities Exist to Improve DOD’s Reform EffortsBy Sam NewsApril 27, 2021What GAO Found The Department of Defense (DOD) has long sought to reform its enterprise business operations—such as its processes to manage contracts, finances, and supply chain— but faces challenges in improving department-wide management. DOD has taken some actions to improve its business operations data, but remains limited by the lack of reliable cost data, affecting its ability to monitor and inform its reform efforts. Having reliable data to identify baseline costs of the department's business and management functions and to measure progress has been a key challenge facing DOD, but one the department is trying to address. As GAO reported in November 2020, DOD has made progress in setting baseline costs of certain activities, such as logistics and real estate management. Further, DOD has ongoing efforts to develop baselines for all of the department's enterprise business operations that should enable it to better monitor reform progress. However, DOD needs better data about how it performs its business functions. For example, in September 2018, GAO reported that DOD's efforts to reduce inefficiencies in human resources services were hampered by inconsistent performance data across the six organizations that provide these services. DOD has ongoing efforts to address GAO's recommendations. DOD still needs clear roles, responsibilities, authorities and dedicated resources to support reform. GAO has found that demonstrating sustained leadership commitment—including through ensuring that those responsible for leading change have clearly defined and documented roles, responsibilities, and authorities—is imperative for successful business transformation. GAO has assessed many of DOD's organizational structures over the decades, including the recently eliminated Chief Management Officer (CMO) position. GAO found that, while Congress had given the CMO both significant responsibilities and authorities, DOD had not resolved unanswered questions about how those authorities would be carried out, nor communicated the CMO's roles and responsibilities department-wide. GAO also identified instances where CMO reforms were hampered by a lack of resources. As DOD moves to an organization without the CMO position, which was eliminated in 2021, clarifying the roles and responsibilities of those tasked with managing business reform remains important. DOD could also improve its efforts to reliably demonstrate progress toward meaningful reform. DOD has reported achievements from some of its department-wide efforts, such as its reported $37 billion in savings from fiscal years 2017 to 2021. However, GAO reported in November 2020 that while DOD's reported savings were largely reflected in its budget materials, the underlying analyses were not always well documented and the savings were not always consistent with the department's definitions of reform. For example, one reform initiative was based on delaying military construction projects that, according to DOD officials, allowed DOD to fund higher priorities. If a delayed project is still planned, however, the costs will likely be realized in a future year and are not a reflection of business process reform. DOD concurred with GAO's recommendations to establish a process to standardize development and documentation of such cost savings, and ensure that reported savings are consistent with the department's definitions of reform. Why GAO Did This Study DOD spends billions of dollars each year to maintain key business operations and defense-wide agencies and programs intended to support the warfighter, including systems and processes related to the management of contracts, finances, the supply chain, support infrastructure, and weapon systems acquisition. The department's approach to transforming these business operations is linked to its ability to perform its overall mission, directly affecting the readiness and capabilities of U.S. military forces. This testimony summarizes GAO's past work related to DOD's efforts to improve the management of its business operations. Specifically, this testimony discusses DOD's efforts to (1) improve data and baselines to monitor and inform reform efforts; (2) establish clear roles, responsibilities, and authorities for leading reform efforts, and dedicate resources to these efforts; and (3) reliably demonstrate progress in its reform efforts. This statement is based on GAO's body of work issued from 2017 through 2020 on DOD management and business reform issues.[Read More…]
- Syria Travel AdvisoryBy Sam NewsSeptember 26, 2020Do not travel to Syria [Read More…]
- Justice Department Requires Waste Management To Divest Assets In Order To Proceed With Advanced Disposal Services AcquisitionBy Sam NewsOctober 23, 2020The Department of Justice announced today that Waste Management, Inc. (WMI) will be required to divest 15 landfills, 37 transfer stations, 29 hauling locations, over 200 waste collection routes, and other assets in order to proceed with its $4.6 billion acquisition of Advanced Disposal Services, Inc. (ADS). The department said that without the divestiture, the proposed acquisition would substantially lessen competition for small container commercial waste collection or municipal solid waste disposal services in over 50 local markets.[Read More…]
- The Launch Is Approaching for NASA’s Next Mars Rover, PerseveranceBy Sam NewsSeptember 26, 2020The Red Planet’s [Read More…]
- Attorney General Announces Task Force to Combat COVID-19 FraudBy Sam NewsMay 17, 2021U.S. Attorney General Merrick B. Garland today directed the establishment of the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance enforcement efforts against COVID-19 related fraud.[Read More…]
- French Polynesia Travel AdvisoryBy Sam NewsSeptember 26, 2020Reconsider travel [Read More…]
- Justice Department Announces Court-Authorized Seizure of Domain Names Used in Furtherance of Spear-Phishing Campaign Posing as U.S. Agency for International DevelopmentBy Sam NewsJune 1, 2021On May 28, 2021, pursuant to a court order, the United States seized two command-and-control (C2) and malware distribution domains used in recent spear-phishing activity that mimicked email communications from the U.S. Agency for International Development (USAID).[Read More…]
- Priority Open Recommendation: Securities and Exchange CommissionBy Sam NewsMay 11, 2021What GAO Found In April 2020, GAO identified two priority recommendations for the Securities and Exchange Commission (SEC). Since then, SEC has implemented one of these recommendations, and the other remains open. The open priority recommendation relates to performance management for SEC employees. Specifically, it would help enhance the credibility of SEC's performance management system among its staff, including the ratings, recognition, or feedback that they receive as a result. SEC's continued attention to this issue could lead to significant improvements in government operations. We are not adding any additional priority recommendations this year. Why GAO Did This Study Priority open recommendations are the GAO recommendations that warrant priority attention from heads of key departments or agencies because their implementation could save large amounts of money; improve congressional and/or executive branch decision making on major issues; eliminate mismanagement, fraud, and abuse; or ensure that programs comply with laws and funds are legally spent, among other benefits. Since 2015 GAO has sent letters to selected agencies to highlight the importance of implementing such recommendations. For more information, contact Michael Clements at (202) 512-8678 or firstname.lastname@example.org.[Read More…]
- Three Individuals Charged for Alleged Roles in Twitter HackBy Sam NewsJuly 31, 2020Three individuals have been charged today for their alleged roles in the Twitter hack that occurred on July 15, 2020.[Read More…]
- Further Sanctions on Entities Trading in or Transporting Iranian PetrochemicalsBy Sam NewsMarch 18, 2020
- Georgia CPA Indicted for Promoting Syndicated Conservation Easement Tax Scheme Involving Fraudulent Charitable DeductionsBy Sam NewsJune 9, 2021A federal grand jury sitting in Atlanta, Georgia, returned an indictment today charging an Atlanta certified public accountant with one count of conspiracy to defraud the United States; 24 counts of wire fraud; 32 counts of aiding or assisting in the preparation of false federal tax returns; and five counts of filing false federal tax returns relating to a wide-ranging, abusive tax shelter scheme.[Read More…]
- Opening Remarks by Secretary of State Antony J. Blinken Before the House Committee on Foreign AffairsBy Sam NewsMarch 10, 2021
- FY 2021 National Census of Victim Service ProvidersBy Sam NewsMay 2, 2021(Solicitation)
The U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Statistics (BJS) is seeking applications for funding for the National Census of Victim Service Providers (NCVSP). This program furthers efforts to expand the statistical infrastructure around victim services, including the availability and use of services to support victims of crime or abuse.
Deadline: Grants.gov Application Deadline: 11:59 p.m. eastern time on June 14, 2021; JustGrants Application Deadline: 11:59 p.m. eastern time on June 28, 2021 [Read More…]
- The United States Imposes Sanctions on Chinese and Hong Kong Persons for Activities Related to Supporting the Islamic Republic of Iran Shipping LinesBy Sam NewsOctober 19, 2020
- U.S. Announces Designation of Cuba as a State Sponsor of TerrorismBy Sam NewsJanuary 13, 2021
- F-35 Sustainment: Enhanced Attention to and Oversight of F-35 Affordability Are NeededBy Sam NewsApril 22, 2021What GAO Found F-35 mission capable rates—a measure of the readiness of an aircraft fleet—have recently improved, but still fall short of warfighter requirements, as discussed in our draft report. Specifically, from fiscal year 2019 to fiscal year 2020, the U.S. F-35 fleet's average annual (1) mission capable rate—the percentage of time during which the aircraft can fly and perform one of its tasked missions—improved from 59 to 69 percent; and (2) full mission capable rate—the percentage of time during which the aircraft can perform all of its tasked missions—improved from 32 to 39 percent. Both metrics fall below the services' objectives. For example, in fiscal year 2020 the Air Force F-35A full mission capable rate was 54 percent, versus a 72 percent objective. Since 2012, F-35 estimated sustainment costs over its 66-year life cycle have increased steadily, from $1.11 trillion to $1.27 trillion, despite efforts to reduce costs. The services face a substantial and growing gap between estimated sustainment costs and affordability constraints—i.e., costs per tail (aircraft) per year that the services project they can afford—totaling about $6 billion in 2036 alone (see fig.). The services will collectively be confronted with tens of billions of dollars in sustainment costs that they project as unaffordable during the program. Gap between F-35 Affordability Constraints and Estimated Sustainment Costs in 2036 Note: Costs are in constant year 2012 dollars as that was the year when the F-35 program was most recently re-baselined. aSteady state years for the F-35 program are defined in each respective service's affordability analysis as: US Air Force/F-35A – 2036-2041; US Marine Corps/F-35B – 2033-2037; US Navy/F-35C – 2036-2043. Steady state refers to the program's peak operating point. The Air Force needs to reduce estimated costs per tail per year by $3.7 million (or 47 percent) by 2036 or it will incur $4.4 billion in costs beyond what it currently projects it could afford in that year alone. Cost reductions become increasingly difficult as the program grows and matures. However, GAO found there is no agreed upon approach to achieve the constraints. Without an assessment of cost-reduction efforts and program requirements (such as number of planned aircraft), along with a plan, the Department of Defense (DOD) may continue to invest resources in a program it ultimately cannot afford. Congress requiring DOD to report on its progress in achieving affordability constraints and making F-35 procurements contingent on DOD's demonstrated progress would enhance DOD's accountability for taking the necessary and appropriate actions to afford sustaining the F-35 fleet. Why GAO Did This Study The F-35 aircraft with its advanced capabilities represents a growing portion of DOD's tactical aviation fleet—with the Air Force, Marine Corps, and Navy currently flying about 400 of the aircraft. It is also DOD's most ambitious and costly weapon system in history, with estimated life-of-program costs exceeding $1.7 trillion. DOD plans to procure nearly 2,500 F-35s at an estimated total acquisition cost of just under $400 billion. The remaining $1.3 trillion in life cycle costs is associated with operating and sustaining the aircraft. This statement, among other things, assesses the extent to which (1) the F-35 has met warfighter-required mission capable rates; and (2) DOD has reduced the F-35's estimated life cycle sustainment costs and made progress in meeting its affordability constraints. This statement is largely based on GAO's draft report, which was provided to DOD in March for review and comment. For that report and this statement, GAO reviewed program documentation, analyzed performance and cost data, collected data from F-35 locations, and interviewed officials.[Read More…]
- Venezuela Travel AdvisoryBy Sam NewsSeptember 26, 2020Do not travel to [Read More…]
- Federal Court Enjoins Tuscon Area Tax Preparer From Preparing Tax ReturnsBy Sam NewsNovember 20, 2020The Justice Department announced today that a federal court in Arizona permanently enjoined a Tucson area tax return preparer from preparing federal income tax returns for others.[Read More…]
- Briefing with Special Envoy for the Northern Triangle Ricardo Zuniga on Ongoing Diplomatic Efforts to Address the Root Causes of Irregular Migration from Central AmericaBy Sam NewsApril 23, 2021Ricardo Zuniga, Special [Read More…]
- Cybersecurity: DHS and Selected Agencies Need to Address Shortcomings in Implementation of Network Monitoring ProgramBy Sam NewsAugust 18, 2020Selected agencies—the Federal Aviation Administration, Indian Health Services, and Small Business Administration—had generally deployed tools intended to provide cybersecurity data to support the Department of Homeland Security's (DHS) Continuous Diagnostics and Mitigation (CDM) program. As depicted in the figure, the program relies on automated tools to identify hardware and software residing on agency networks. This information is aggregated and compared to expected outcomes, such as whether actual device configuration settings meet federal benchmarks. The information is then displayed on an agency dashboard and federal dashboard. Continuous Diagnostics and Mitigation Program Data Flow from Agencies to the Federal Dashboard However, while agencies reported that the program improved their network awareness, none of the three agencies had effectively implemented all key CDM program requirements. For example, the three agencies had not fully implemented requirements for managing their hardware. This was due in part to contractors, who install and troubleshoot the tools, not always providing unique identifying information. Accordingly, CDM tools did not provide an accurate count of the hardware on their networks. In addition, although most agencies implemented requirements for managing software, they were not consistently comparing configuration settings on their networks to federal core benchmarks intended to maintain a standard level of security. The agencies identified various challenges to implementing the program, including overcoming resource limitations and not being able to resolve problems directly with contractors. DHS had taken numerous steps to help manage these challenges, including tracking risks of insufficient resources, providing forums for agencies to raise concerns, and allowing agencies to provide feedback to DHS on contractor performance. In 2013, DHS established the CDM program to strengthen the cybersecurity of government networks and systems by providing tools to agencies to continuously monitor their networks. The program, with estimated costs of about $10.9 billion, intends to provide capabilities for agencies to identify, prioritize, and mitigate cybersecurity vulnerabilities. GAO was asked to review agencies' continuous monitoring practices. This report (1) examines the extent to which selected agencies have effectively implemented key CDM program requirements and (2) describes challenges agencies identified in implementing the requirements and steps DHS has taken to address these challenges. GAO selected three agencies based on reported acquisition of CDM tools. GAO evaluated the agencies' implementation of CDM asset management capabilities, conducted semi-structured interviews with agency officials, and examined DHS actions. GAO is making six recommendations to DHS, including to ensure that contractors provide unique hardware identifiers; and nine recommendations to the three selected agencies, including to compare configurations to benchmarks. DHS and the selected agencies concurred with the recommendations. For more information, contact Vijay A. D'Souza at (202) 512-6240 or email@example.com.[Read More…]
- Jury finds Webster aviation company liable for violating FAA regulationsBy Sam NewsJune 30, 2021Ascent Aviation [Read More…]
- Secretary Antony J. Blinken With Yalda Hakim of “Impact with Yalda Hakim” on BBC World NewsBy Sam NewsFebruary 22, 2021
- Deputy Secretary Biegun’s Travel to the Republic of KoreaBy Sam NewsDecember 6, 2020
- Air Deliveries Bring NASA’s Perseverance Mars Rover Closer to LaunchBy Sam NewsSeptember 26, 2020A NASA Wallops Flight [Read More…]
- U.S. Welcomes Guatemala’s Designation of Hizballah as a Terrorist OrganizationBy Sam NewsOctober 25, 2020