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Thursday, November 7, 2024

Senator seeks clarity on National Mediation Board's data security reforms

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Bill Cassidy - Ranking Member of the Senate HELP Committee | Official U.S. Senate headshot

Bill Cassidy - Ranking Member of the Senate HELP Committee | Official U.S. Senate headshot

On May 31, 2024, U.S. Senator Bill Cassidy (R-LA), ranking member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, requested information from the National Mediation Board (NMB) following a Government Accountability Office (GAO) report. The report indicated that NMB has not implemented essential reforms to secure sensitive government information and ensure operational continuity during crises. Additionally, it highlighted staffing issues that have hampered NMB's ability to fulfill its responsibilities.

Federal law mandates GAO to audit NMB’s programs and activities biennially, often recommending improvements. An April 2024 report found that NMB failed to implement GAO’s 2020 recommendation to update its IT systems in line with Federal Risk and Authorization Management Program (FedRAMP) standards. Since 2011, all executive branch agencies using cloud services must employ FedRAMP-certified services for adequate data security.

Furthermore, NMB has not updated its continuity of operations plan since 2016 as recommended by GAO. This plan is crucial for guiding employees on the official chain of command and protocols during emergencies.

The GAO report also raised concerns about unfilled staff positions at NMB—some vacant for years—and noted that over half of NMB's current staff will be eligible for retirement within five years.

Cassidy is seeking explanations from NMB regarding their failure to implement these reforms and how they intend to address the issues identified by GAO.

“NMB’s failure to implement years-old GAO recommendations to protect its information security systems and to address NMB’s staff recruitment and impending retirement cliff raises significant concerns,” Cassidy wrote. “In light of the role NMB played in staving off economic catastrophe in the negotiations between railway workers and carriers in 2022...NMB must take decisive action.”

In a letter dated May 15, NMB stated it has reviewed and continues making progress on GAO’s recommendations but did not provide details on how it plans to address identified problems.

Cassidy requested detailed responses from NMB by June 13, including reasons for not updating their continuity plan since 2016 or transitioning all cloud services to FedRAMP-approved ones despite longstanding requirements. He also asked about current steps taken by NMB to ensure data security, training provided for new employees, plans for addressing upcoming retirements, hiring obstacles encountered, and copies of relevant workforce plans.

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