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I

.I

COMPTROLLER

GENERAL

OF

WASHINGTON.

THE

D.C.

UNITED

STATES

20548

B-106190

Dear Mr.

Chairman:

This report contains

audit findings rYmY,,

developed

during our

--~~*Q~W**YdlUSM18,,mA-dk

,,1/

./

audits and other examinations

i~~ndep~tm~.~d~a~n.~~e-~

of

t he..JGoxeL~nt

. These findings pertain for the most part to matters on

which we believe administrative

action, and in some cases legislative

action, is rewired

to ac~~,“~~e~~.~~,“.~~,~~~~~,~y”~q~,,~e/f~ciency in Government

options.

Some fziigs

and recommendations

on which the departments and agencies have reported that corrective

action was being taken

also have been included because we have not yet observed the effectivene ss of the reported action.

This compilation

is made in response to the request that information of this type be made available to your Committee

before the commencement of appropriation

hearings at each session of the Congress.

Concurrently

with the release of this report, we are sending to the departments

and agencies copies of the sections specifically

applicable to

them so that they may be in a position to answer any inquiries

which may

be made on these matters during the appropriation

hearings.

A report on significant

audit findings

Defense and the three military

departments

involving the Department

of

being

submitted

separateI;“-.

is

Sincerely

yours,

Comptroller

General

of the United States

The Honorable George H. Mahon

Chairman,

Committee

on Appropriations

House of Repre sentative s

ti30”

Contents

DEPARTMENTOF AGRICULTURE

Agricultural

Stabilization

and Conservation

Animal and Plant Health Inspection

Service

Export Marketing Service

Farmers Home Administration

Food and Nutrition

Service

Forest Service

Service

1

3

-.

11

13

15

17

DEPARTMENTOF COMMERCE

Economic Development Administration

Maritime Administration

19

21

25

DEPARTMENTOF HEALTH, EDUCATION, AND WELFARE

Food and Drug Administration

Health Services and Mental Health Administration

National Institutes

of Health

Office of Education

Social and Rehabilitation

Service

Social Security Administration

27

29

33

37

39

43

51

DEPARTMENTOF HOUSINGAND URBAN DEVELOPMENT

Community Development

Housing Production and Mortgage Credit

55

57

59

DEPARTMENTOF THE INTERIOR

Bonneville

Power Administration

and Bureau of Reclamation

Bureau of Reclamation

Bureau of Land Management, Bureau of Indian Affairs,

and

Geological Survey

Bureau of Land Management and Geological

Survey

Bureau of Mines

Bureau of Indian Affairs

Geological Survey

Office of Territorial

Affairs

65

67

69

DEPARTMENTOF JUSTICE

Bureau of Narcotics and Dangerous Drugs

Immigration

and Naturalization

'Service

Law Enforcement Assistance Administration

87

89

91

93

DEPARTMENTOF LABOR

Employment Standards Administration

Manpower Administration

95

97

99

DEPARTMENTOF STATE

103

DEPARTMENTOF STATE, AGENCYFOR INTERNATIONAL DEVELOPMENT

107

73

75

77

79

83

85

Page

DEPARTMENTOF TRANSPORTATION

Federal Aviation

Administration

Federal Highway Administration

111

113

115

DISTRICT OF COLUMBIA GOVERNMENT

Department of Economic Development

Department of Human Resources

Executive Office of the Commissioner

119

121

123

125

ENVIRONMENTALPROTECTIONAGENCY

Office of Air Programs

Office of Water Programs

Office of Solid Waste Management Programs

127

129

133

137

GENERALSERVICES ADMINISTRATION

Public Buildings

Service

139

141

NATIONAL AERONAUTICSAND SPACE ADMINISTRATION

143

OFFICE OF ECONOMICOPPORTUNITY

Community Action Program

Comprehensive Health Services

General

147

149

151

153

Program

OFFICE OF MANAGEMENT

AND BUDGET

155

TENNESSEEVALLEY AUTHORITY

161

U.S. CIVIL SERVICE COMMISSION

165

U.S. POSTAL SERVICE

171

VETERANS ADMINISTRATION

175

VARIOUS DEPARTMENTSAND AGENCIES

Department of Commerce, Department of Housing and Urban

Development, and Small Business Administration

Department of Defense and Department of State

Department of Defense, Department of State, and Agency

for International

Development

Department of Housing and Urban Development and Department of Transportation

Department of Labor and Department of Health, Education,

and Welfare

Department of Labor; Department of Health, Education,

and Welfare; and Department of Housing and Urban Development

Department of Labor; Department of Health, Education, and

Welfare; and Office of Economic Opportunity

Department of the Treasury and Department of State

Office of Management and Budget and Department of Housing

and Urban Development

Smithsonian Institution

and Office of Management and Budget

179

181

183

185

189

191

195

197

199

203

205

DETARTMENTOF AGRICULTURE

Contents

Page

AGRICULTURALSTABILIZATION AND CONSERVATIONSERVICE

Greater conservation

benefits coulti be attained under the

agricultural

soil and water conservation program

Payment limitation

under 1971 cotton, wheat, and feed grain

programs had limited

effect

3

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

Enforcement of Federal sanitation

standards at poultry

continues to be weak

Better inspection

and improved methods of administration

for foreign meat imports

7

EXPORTMARKETING SERVICE

Economic benefits possible through

lieu of offshore procurements

FOREST SERVICE

Need to ensure that

program findings

plants

7

needed

8

use of butter

in

11

of donating

best possible

4

11

increased

FARMERSHOMEADMINISTRATION

Need for more adequate disclosure

of costs related

insured loan funds

Recreation projects provided benefits to a limited

rural residents

FOOD AND NUTRITION SERVICE

Two ways to reduce costs

3

to two

number of

commodities

use is made of research

13

13

14

15

15

17

17

DEPARTMENTOF AGRICULTURE

AGRICULTURALSTABILIZATION

AND CONSERVATIONSERVICE

Greater conservation

benefits could

be attained under the agricultural

soil and water conservation program

Under the Rural Environmental

Assistance Program, the Agricultural

Stabilization

and Conservation Service (ASCS) shares with farmers the co:t

of carrying out practices

to build soil and conserve soil and water.

The

Federal cost share is usually 50 percent.

In February 1972, the General Accounting Office (GAO) reported to the

Congress that the program could be more effective

if (1) the authorizing,

legislation

were amended to eliminate

a provision

for increases in small

payments to farmers, .(2) certain ineffective

conservation

practices were

eliminated

from the program, and (3) the administration

of the program WY.

improved.

A 1938 amendment to the Soil Conservation anti Domestic Ailotment Act

states that, if a farmer receives Federal cost shares totaling

less thx

$200 a year for carrying out conservation

practices

on a farm, he will bt

paid an additional

nominal amount. The amendment was intended to provide

greater financial

assistance to operators of small farms.

However, the

nominal payments-- which may range from 40 cents to $14 each--do not further

the objectives

of the program and are an administrative

burden. GAO recommended that the Congress amend the act to eliminate

the nominal payments,

which totaled about $7 million

annually,

and thereby enable thousands of additional

farmers to participate

in the program.

This view was concurred in

by ASCS officials

at the county, State, and national

levels.

Although significant

soil and water conservation

benefits had been

realized under the program, GAO reported that (1) substantial

amounts of

funds had been spent on practices

that did not produce any appreciable conservation benefits,

that stimulated

agricultural

production rather than providing lasting

conservation

benefits,

or that were otherwise questionable

and (2) the method of allocating

funds to the States did not include realistic

adjustments,

as provided for in the authorizing

legislation,

to meet

each State's proportionate

conservation

needs. GAO recommended that ASCS

take a number of actions to make the program more effective.

In commenting on these matters in September 1971, the Department stated

that it agreed in general with the recommendations.

The Department said

that a number of practices

which GAO had questioned were eliminated

from the

national program and advised that additional

actions were proposed to improve

the program.

GAO believed that certain additional

questioned practices

should be eliminated.

In May 1972 the Department

the following

matters.

indicated

3

differences

of opinion

with

GAO on

DEPARTMENTOF AGRICULTURE

AGRICULTURALSTABILIZATION

AND CONSERVATIONSERVICE (continued)

Temporary practices .--The Department said that, although GAO had suggested that all temporary cost sharing practices

be eliminated

from

the national program on the basis that they were production oriented,

some of the temporary practices were still

needed. The Department also

said that, in accordance with recent legislative

history,

each county

agricultural

committee has the option of retaining

any practice which

it had in its county program for 1970 even though such practice may

have been eliminated

from the national program.

GAO was aware of

this option but believes that counties which had not used the temporary practices

previously

could elect to include them in future years

only if the practices

remain in the national program,

Fencing grassland .--The Department said that cost sharing for fencing

would be continued as a part of other practices

to protect grass cover

in connection with grazing operations.

GAO believes that the fencing

practice

is production oriented in that its primary purpose often is

to assist in the management of livestock

by restricting

grazing to

fenced areas.

Use of high-cost Coastal Bermuda grass.--GAO had pointed out that

Coastal Bermuda grass was drought resistant

and excellent

for feeding

cattle,

thus stimulating

production of meat and dairy products.

Therefore, GAO expressed the opinion that the cost-share assistance should

be reduced.

The Department said that it believed that, in the long run,

conservation

benefits from this costly grass would be more economical

than from a cheaper grass.

GAO believes that cost sharing for grass

cover should be limited

to the minimum necessary for satisfactory

conservation.

Conservation practices

on land already in an approved conservation

use.-The Department said that placing acreage in a conserving use under other

agricultural

programs, such as an acreage-diversion

program, did not

assure that all needed conservation

practices

would be carried out and

that many times a conservation

problem could be corrected when the land

was not being used for crop production.

GAO believes that, if cost

sharing is allowed on diverted acreage, the amount should be reduced because the producer is already obligated under the acreage-diversion

program to conserve the land.

(~-114833, Feb. 16, 1972.)

Payment limitation

under 1971

cotton, wheat, and feed grain programs

had limited

effect

Title

I of the Agricultural

Act of 1970 limited

the annual amount of

direct Federal payments a person could receive under the 1971-73 upland

cotton, wheat, and feed grain programs to $55,000.

In April 1972 report to

the Congress, GAO said that the limitation

had caused no significant

reduction in the total amount of 1971 program expenditures because the authorizing legislation

and subsequent regulations

issued by ASCS did not prohibit

4

DETAR'XEKI OF AGRICULTURE

AGRICULTURALSTABILIZATION

AND CONSERVATIONSERVICE (continued)

producers from changing their farming operations and organizations

to reduce

Also

the

regulations

allowed

each

the financial

impact of the limitation.

individual

in a partnership

to be considered as a single person for payment

as

purposes, whereas prior payments sometimes were made to the partnership

an entity,

GAO's review of the operations of 98 producers in six States showed

that, largely because of the organizational

or operational

changes made by

the producers, only about $356,000 of a potential

$17.1 million

in savings

were realized

for these producers.

A Department study showed nationwide

savings of only $2.2 million.

The actions most frequently

taken by producers to reduce the financial

impact of the limitation

included (1) leasing acreage allotments

to spread

(2)

having

payments

made

to

individual

partners

the payments to more persons,

in an existing

partnership

instead of to the partnership

as an entity,

and

(3) forming new partnerships

to qualify more persons for payments.

Some of

the actions permitted persons to hold interests

concurrently

in several

entities

receiving

program payments,

By these means the persons, in effect,

received more than $55,000.

Other changes allowed some producers to receive

additional

payments indirectly.

To improve administration

of the limitation

and to ensure that payments

subject to the limitation

would be valid,

accurate, and in compliance with

applicable

laws and regulations,

GAO recommended that ASCS (1) establish

procedures to obtain information

on all farming interests

of each farm program participant

so that the payment limitation

regulations

could be applied

fully

and fairly,

(2) provide for periodic

reviews at a higher organizational

level of the propriety

and consistency of the determinations

made by county

and expand instructions

for controlling

and State committees, and (3) clarify

payments to persons with more than one producer-identification

number.

In March 1972 the Department described actions that had been taken or

were being initiated

to improve the administration

of the payment limitation,

and in June 1972 the Department reported that action had been completed on

each of the recommendations.

These actions --if effectively

implemented-should significantly

strengthen the administration

of the payment limitation.

(B-142011, Apr. 12, 1972.)

DEPARTMENTOF AGRICULTURE

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

Enforcement of Federal sanitation

standards

at poultry plants continues to be weak

In November 1971 GAO reported to the Congress that the Department of

Agriculture's

Consumer and Marketing Service (C&MS), which was responsible

for meat and poultry inspection

activities

until April 1972, had taken some

prior GAO reviews, to improve the enforcement of sanitaaction, following

tion standards at federally

inspected poultry plants but that the action had

not been adequate.

In the followup review, GAO accompanied C&MS supervisory

inspectors

to 68 federally

inspected plants,

including

17 which were covered

in a prior review and 51 selected at random.

GAO reported that one or more deficiencies

in sanitary conditions

existed in each of the plants reviewed and that the type and extent of the

deficiencies,

classified

as either minor variations

or unacceptable conditions, varied from plant to plant.

Because many of the sanitation

deficiencies appeared to have existed for prolonged periods, they indicated a lack

of strong day-to-day enforcement by C&M§ plant inspectors,

a lack of effective supervisory review, and weaknesses in C&MS's enforcement of sanitation

standards, some of which might be widespread.

employees that conGAO recommended that, to convince C&MS inspection

sumer protection

was the main objective

of sanitation

standards enforcement

and that strict

enforcement of those standards was essential,

the Secretary

of Agriculture

reevaluate an earlier

recommendation, made by departmental

consultants

but not adopted, that a separate agency be established

within

the Department for consumer protection

programs.

Because GAO realized that

implementation

of the recommendation would take some time and that many of

the employees then responsible

for enforcing

sanitation

standards would

still

be responsible

if a separate agency were established,

GAO recommended

also that the Secretary explore other avenues to improve and emphasize the

enforcement of sanitation

standards.

GAO suggested (1) an intensification

of efforts

then underway to strengthen supervision

and to improve the training of inspectors,

and (2) increased disciplinary

actions when inspectors

do

not meet their responsibilities.

Effective

April 2, 1972, C&MS was renamed the Agricultural

Marketing

Service, and its meat and poultry

inspection

activities

were transferred

to

a new departmental agency, the Animal and Plant Health Inspection

Service.

In response to the second recommendation, the Department stated that

C&MS was attempting

to respond in specific

ways to deficiencies

in its

supervisory

structure,

which had been totally

inadequate, and that it was

taking or planning other action to improve the enforcement of sanitation

standards.

GAO believes that the actions taken or planned to strengthen the supervisory structure

and to correct other organizational

weaknesses should help

to improve the inspection

program.

However, unless these actions result in

better enforcement of sanitation

standards by individual

inspectors,

they

7

DEPARTMENTOF AGRICULTURE

ANIMAL AND PLANT HEALTH IN,SPECTIONSERVICE (continued)

will not correct the basic weakness in the inspection program--inadequate

enforcement of sanitation

standards at the plants.

(~-163450, NOV. 16,

1971.)

Better inspection

and improved methods of

administration

needed for foreign meat imports

In February 1972, GAO reported to the Congress that C&MS, whose meat

and poultry inspection

activities

were transferred

to the Animal and Plant

Health Inspection

Service in April 1972, needed to provide greater assurance

that foreign meat and meat products were imported only from plants which

complied with U.S. wholesomeness requirements for products processed under

sanitary conditions

and received thorough and uniform inspections

at U.S.

ports before being accepted for entry.

To determine the adequacy of the import meat inspection program, GAO

accompanied C&MS foreign programs officers

on their reviews of 80 plants in

four major meat exporting countries--Australia,

Argentina,

Canada, and

Denmark. GAO also reviewed import inspection

activities

at eight ports of

entry and one border inspection

station.

Among other things, GAO found that C&MS had not reviewed foreign meat

plants as often as it considered desirable and that formal training

of imC&MS said that foreign plant reviews

port inspectors needed to be improved.

were infrequent

because it did not have enough foreign programs officers

and, since those officers

were stationed in the United States, they spent

only about 30 weeks a year in foreign countries.

In May 1971 C&MS began

stationing

some of its officers

in foreign countries.

C&MS officials

at two

regional offices

said that formal meat inspection

training

had not been

emphasized in the past.

GAO recommended that additional

officers

be stationed in those foreign

countries where necessary to meet plant-review

frequency objectives.

GAO

recommended also that C&MS establish

a program to identify

the training

needs of import meat inspectors and develop a training

program to meet such

needs.

The Department responded that it had added more foreign programs officers to improve surveillance

over foreign systems and plants and that

others would be added as needed and as permitted by budgetary and other

constraints.

The Department stated also that a training

program had been

established

and that it should resolve the variances in inspections

of imported products and upgrade the entire import inspection

force.

In May 1972, the Department stated that eight foreign programs officers

were stationed in foreign countries and that program capacity for review and

followup inspections

in problem plants had been greatly increased.

The Department stated also that a week-long import inspection

training

course,

begun in October 1971, would be actively

maintained and that additional

training

sessions would be held as needed.

DEPARTMENTOF AGRICULTURE

ANIMAL AND PLANT HEALTH INSPECTION SERVICE (continued)

GAO believes that the actions taken on these matters should help assure

that import meat products will be more thoroughly and uniformly

inspected

for wholesomeness prior to being permitted entry for domestic consumption.

(~-163450, Feb. 18, 1972.)

DEPARTMENTOF AGRICULTURE

EXPORTMARKETING SERVICE

Economic benefits possible through

increased use of butter

in lieu of offshore procurements

GAO inquired into the cost and balance-of-payments

benefits that could

be realized by increasing

the use of U.S. agricultural

commodities in lieu

of offshore procurements to satisfy military

requirements in Europe.

GAO learned that the European Exchange System (EES), which is part of

the Army and the Air Force Exchange Service and a non-appropriated-fund

activity

in Europe, used annually approximately

820,000 pounds of coconut

oil, rather than butter,

to make ice cream. The purchase of coconut oil, a

net import item, adversely affects our Nation's balance-of-payments

position

by about $200,000 annually.

An inventory of surplus butter,

the desired commodity in the manufacture

of ice cream, in excess of 100 million

pounds was available

from the Department of Agriculture,

but EES told GAO that coconut oil was substituted

because of price considerations.

To be competitive

with coconut oil, the

butter would have to be offered at 16 cents a pound, f.o.b.

New Jersey.

Although GAO recognized that the price EES would be willing

to pay for

butter was considerably

less than the support costs incurred by the Department of Agriculture,

it seemed that selling.the

surplus butter would be more

advantageous to the U.S. Government than incurring

the costs of storing and

handling a substantial

supply.

GAO estimated that Agriculture

would realize

budgetary benefits of about $200,000 annually if EES used surplus butter.

In view of the potential

economic benefits,

GAO suggested that the Department of Agriculture

explore the possibilities

of making surplus butter

available

to EES for use in making ice cream. With the understanding

that

coconut oil was being used in making ice cream by military

and exchange

activities

in other parts of the world, GAO suggested that Agriculture

query

the Department of Defense and the military

exchange service to determine the

additional

potential

for using surplus butter in place of coconut oil.

Agriculture

agreed with GAO's analysis of the potential

savings in

budget and foreign exchange, However, other considerations

make Agriculture

reluctant

to sell butter to EES at 16 cents a pound, about 55 cents below

the domestic market price.

Agriculture

considers EES to be in the same

category as a foreign buyer, since EES buys in the open market with nonappropriated

funds.

To sell butter for export for less than the support

costs incurred by the Department, Agriculture

had to consult with the principal competitors

to protect the United States from accusations of "dumping"

and violation

of the General Agreement on Tariffs

and Trade.

Agriculture

has sold butter to.the military

at reduced prices of

52 l/2 cents a pound for our troops overseas.

Also, Agriculture

has a supplementary arrangement with the Defense Supply Agency (DSA) to enable DSA to buy

surplus butter for such uses as making ice cream. Agriculture

is willing

to

11

DETARTMENTOF AGRICULTURE

EXPORTMARKETING SERVICE (continued)

make a similar

of EES.

arrangement with

EES but feels

it

cannot discriminate

in favor

GAO continues to believe that as long as the Government has large inventories of surplus butter,

all possible cost and balance-of-payments

benefits should be considered,

Agriculture's

response did not address this

basic point.

As of September 1, 1972, the inventories

of surplus butter

amounted to 126 million

pounds.

(B-172539, July 22, 1971.)

12

DEPARTMENTOF AGRICULTURE

FARMERSHOMEADMINISTRATION

Need for more adequate disclosure

of costs

related to two insured loan funds

The Farmers Home Administration

(FHA) is authorized to make loans from

the Agricultural

Credit Insurance Fund and the Rural Housing Insurance Fund

to individuals

and to public and nonprofit

associations

for various purposes.

As required by law, FHA sells the borrowers' loan notes to investors on a

guaranteed basis 'and usesthe

proceeds to finance additional

loans.

In a July 1971 report to the Congress, GAO stated that FHA had incurred

substantial

losses ($104 million)

in recent years in operating the two funds,

primarily

because, under money-market conditions,

FHA interest

rates on loans

to borrowers had been substantially

less than the rates at which FHA sold the

borrowers' loan notes to investors.

FHA's financial

statements furnished to the Treasury Department and the

budget justifications

presented to the Congress relating

to the two funds

did not show the full costs of administering

the loan programs and did not

show the interest

cost on the Government's investment in the two funds.

Further, FHA budget justifications

did not show the substantial

interest

costs on sales of borrowers' loan notes that FHA had committed the Government

to pay in future years.

For the loan notes of $3.8 billion

held by investors

at March 31, 1970, FHA estimated that, if the investors

held the loans for

the full nonredemption periods, the interest

paid to investors would be about

$443 million

in excess -of the interest

collected

from the borrowers.

GAO recommended that

--including

in its

programs and

FHA provide

financial

for

statements

_

all

costs

related

to the loan

--disclosing

in its annual budget justifications,

the commitments of

Government resources which the loan sales program has created and the

current yields which FHA is required to guarantee investors who purchase such loans.

In October 1971, the Department stated that FHA had taken action to

modify the design of its financial

management system to provide better cost

information

and that FHA would provide the additional

information

suggested

by GAO in the explanatory notes to its budget justifications.

(B-114873,

July 20, 1971.)

_

13

DEPARTMENTOF AGRICDLTLRE

FARMERSHOMEADMINISTRATION (continued)

Recreation pro.jects provided

to a limited

number of rural

benefits

residents

FHA had made loans to public and nonprofit

organizations

for the development of rural recreational

projects under three loan programs--association

recreation,

resource conservation

and development, and rural renewal.

In August 1971, GAO reported to the Congress that its review of loans

made to 24 organizations

in five States showed that, in many instances,

the

loans did not contribute

effectively

to the program objective

of providing

rural residents with outdoor-oriented

recreational

projects

because the projects (1) served only a small percentage of the residents of rural areas,

(2) served primarily

urban rather than rural residents,

(3) imposed restrictions which limited

the use of recreational

facilities

to organization

members only, and/or (4) charged fees that were beyond the means of many rural

residents.

Also GAO reported

that

FHA had made loans:

--For some projects which, contrary to its instructions,

competed with

existing

or planned facilities;

included land excess to project needs;

included clubhouses not modest in design, size, or cost; or had memberships inadequate to support the projects.

--To some organizations

without adequately verifying

ni zations ’ projected revenues would be sufficient

expenses and loan repayments.

whether the orgato meet operating

The scope of the recreational

loan programs has changed substantially

in recent years.

For example, loan volume under the principal

program--the

association

recreation

loan program--decreased

from about $23.9 million

in

fiscal

year 1968 to an estimated $2 million

in fiscal year 1971. For fiscal

year 1972, FHA did not request any funds for this program; for fiscal

year

1973, FHA requested and received $500,000.

In view of the limited

extent to which the recreational

loan programs

had served rural residents,

GAO recommended that the Congress consider the

matters discussed in the report with a view to determining whether the programs should be continued and, if so, what form the programs should take.

The Administrator,

FHA, stated that FHA had started action early in

fiscal year 1970 to discontinue

making further loans for golfing facilities,

to provide more funds for higher priority

programs, such as the rural water

and sewer program, and for other reasons.

The Administrator

stated also

that the association

recreation

loan program had been placed in a standby

position

for fiscal

year 1972 and that FHA would consider the program's

future in connection with its plans for redevelopment of rural areas.

(B114873, Aug. 23, 1971.)

14

DEPARTl%NT OF AGRICULTURE

FOODAND NUTRITION SERVICE

Two ways to reduce costs

of donating commodities

In a February 1972 report to the Congress, GAO stated that, to reduce

the Food and Nutrition

Service (FNS)

the cost of donating certain commodities,

needed to (1) enforce its requirement that commodities be requisitioned

in

more economically

sized packages and (2) require State distributing

agencies

to submit requisitions

promptly to avoid special purchases which are more

costly.

In the seven States where GAO reviewed program operations,

the State

flour,

vegetable shortening,

distributing

agencies, rather than requisition

and nonfat dry milk in large-size

packages when practicable

for schools and

institutions,

requisitioned

small-size

packages meant for small users, such

as families.

FNS did not question,

or require the agencies to justify,

such

requests.

Some schools and institutions

used only small amounts of these commodities, and the use of small packages may have been warranted in those cases.

Many other schools and institutions,

however, used large quantities.

For

fiscal year 1970, GAO estimated that, nationwide,

the additional

cost of

providing

these commodities to schools and institutions

in small, rather tha

large, containers was about $1.6 million.

Also, controls over special purchases of processed grain commodities-such as flour,

cornmeal, and rolled wheat--needed to be strengthened.

State

distributing

agencies frequently

were late in requisitioning

their monthly

As a result,

special purchases, which cost from

needs for such commodities.

3 to 8 percent more than regular monthly purchases, had to be made. In many

instances,

justifications

for such purchases were not provided.

About $1 million worth of special purchases for 17 million

pounds of processed grain

commodities were made nationwide during fiscal

year 1970.

In October 1971 the Department outlined certain long-range actions it

would take to provide foods in more economically

sized packages.

After GAO

pointed out the need for more timely action, FNS instructed

its regional

offices

to reemphasize to the States the need to provide foods in larger containers,

when possible.

These actions were intended to implement GAO's proposals but, to ensure that full implementation

was effective

and timely,

GAO recommended that FNS vigorously

enforce the requirement that State agencies requisition

commodities in the most economically

sized packages and

have State agencies justify,

when necessary, requisitioning

commodities in

smaller packages for schools and institutions.

In March 1972 the Department

reported that FNS had directed its regional offices

to implement the recommendations.

With respect to special purchases, the Department took or proposed

certain actions which, if properly implemented, should result in the elimination of unjustified

special purchases.

(B-133059, Feb. 4, 1972.)

15

DEPARTMENTOF AGRICULTURE

FOREST SERVICE

Need to ensure that best possible use

is made of research program findings

The Forest Service carries out a forestry

research program to help

Federal agencies, States, and private landowners solve problems in managing

forest lands and resources,

In January 1972 GAO reported to the Congress that information

on over

1,000 forestry

research findings

had been published annually but that the

Forest Service had not identified

which findings were ready for use by field

managers.

Instead, hundreds of field managers individually

determined

whether the findings

could be applied to improve their operations.

These

managers were not required to advise top management of their decisions or of

problems encountered in attempting

to use research findings.

Also, Forest

Service procedures did not provide adequate means for (1) ensuring that the

best possible use was made of research results

and (2) furnishing

research

officials

with feedback of information

which could be useful in planning and

directing

future work.

To identify

and exploit

fully

the opportunities

for improved resource

management through the use of results of forestry

research, GAO recommended

that procedures be established

to require that (1) evaluations

be made of

the extent of potential

use, (2) field managers' decisions be documented,

and (3) research officials

be advised of the results of evaluations

of the

implementation

of research results.

GAO said that these procedures should

be applied through an official

or officials

who would be responsible

for

coordinating

the use of findings.

The Forest Service agreed in principle

with GAO's findings

and conclusions and in general with the recommendations.

In May 1972, the Forest Service reported that the Chief had directed the various regional foresters

to

designate a principal

staff officer

as regional research coordinator

on or

before October 1972. The research coordinators,

in consultation

with appropriate staff specialists,

are to

--identify

those research

the region's activities,

--develop

standards

--provide

advice

results

and guidelines

and guidance

that

apply or may have application

covering

to the regional

the use of research

forester,

results,

and

--provide

feedback to the research organization

on the actual

, use of research results.

(B-125053, Jan. 6, 1972.)

17

to

operational

DEPARTMENTOF COMMERCE

Contents

Page

ECONOMICDEVELOPMENTADMINISTRATION

Coordination with other available

Federal assistance programs

Need for adequate evaluations

of proposed public works projects

Limited effect of Federal expenditures on economic development

21

21

22

23

MARITIME ADMINISTRATION

Savings available

by consolidating

tivities

25

certain

reserve

fleet

ac25

:

.

19

DEPARTIYENTOF COMMERCE

VELOPMENTADMINISTRATION (continued)

public works and development facilities

projects for

which EDA had m

ts and loans totaling

$77.7 million

and found that,

for about 14 percent

the projects reviewed, grants of $10.7 million

and

red questionable because (1) the potential

ecoloans of $1.9 million

nomic impact of some

se projects on the unemployed and underemployed

residents

seemed nonexis

(2) there was inadequate assurance

that the projects would b

nstruction

would start within a reasonable

was inadequate assurance

time.

It was GAO's opinion that

d awarded financial

assistance without

er

the

indicated

benefits

of the promaking adequate evaluations

as to

posed projects were realizable

and t

provements were needed in the evalthat it had approved each of the

uation and approval processes.

projects in question in accordance with

iteria

after a thorough review

of all factors deserving consideration.

In view of the number of projects which

believed that EDA's procedures did not provide

ing projects within each region to insure that on1

significant

and timely economic impact and which w

beginning construction

on a timely basis would be

d questionable,

GAO

e criteria

for evaluatose projects which had

sonably certain of

Consequently, GAO recommended to the Secretary of

be required to establish

improved procedures for evaluating

development areas,

and (3) the timeliness

of the economic impact.

rce that

p

EDA

DEPARTMENT

OF COMMERCE

ECONOMICDE'VEEOPMENT

ADMINISTRATION

Coordination

with other available

Federal assistance programs

The Economic Development Administration

(EDA), Department of Commerce,

makes grants and loans to nonprofit

entities

for public works projects,

such

as water, sewer, and waste treatment facilities

, and for development facilities projects,

such as industrial

parks and tourism projects,

in areas of

substantial

and persistent

unemployment and underemployment.

EDA provided financial

assistance to many projects without first

determining whether they could have been funded under other programs.

Also

some of EDA's grants replaced grants and loans previously

awarded or tentatively

committed for the same projects under other Federal programs.

In GAO's opinion,

EDA's manner of awarding assistance did not provide

adequate assurance that it was not supplanting

assistance from other Federal

agencies and raised a question as to whether the EDA program was being administered

in accordance with the intent of the legislation,

which provides

that all assistance authorized under the legislation

be in addition to, and

not substituted

for, Federal assistance available

under other existing

programs.

Under an interdepartmental

agreement for coordinating

financial

assistance to public works projects among the Departments of Agriculture,

Commerse, and Housing and Urban Development and the Environmental

Protection

Agency, EDA was assigned the primary responsibility

for funding projects

in

EDA-designated areas when EDA determined that the projects would have'significant economic impact.

GAO recommended that EDA effectively

coordinate its public works financial assistance programs with those of other Federal agencies and urged

the adoption of changes in the interdepartmental

agreement, to provide

greater assurance that such agencies provide available

funds for projects

under their programs before EDA provides any financial

assistance.

EDA does not agree that the legislative

intent of the act authorizing

EDA's financial

assistance program requires EDA to determine whether assistance is available

under public works programs of other Federal agencies before EDA assistance can be provided.

EDA stated

that, although it attempted

to determine whether funds were available

from other Federal programs, it is

difficult

at the time an application

is filed with EDA to determine whether

the other agencies will fund the project.

(B153449, Mar. 21, 1972.)

21

DEPARTMENTOF COMMERCE

ECONOMICDEVELOPMENTADMINISTRATION (continued)

Need for adequate evaluations

of

proposed public works projects

GAO reviewed 150 public works and development facilities

projects for

which EDA had made grants and loans totaling

$77.7 million

and found that,

for about 14 percent of the projects reviewed, grants of $10.7 million

and

loans of $1.9 million

appeared questionable

because (1) the potential

economic impact of some of these projects on the unemployed and underemployed

residents

seemed nonexistent

or very low, (2) there was inadequate assurance

that the projects would be completed within a reasonable time, and (3) there

was inadequate assurance that construction

would start within a reasonable

time.

It was GAO's opinion that EDA had awarded financial

assistance without

making adequate evaluations

as to whether the indicated

benefits of the proposed projects were realizable

and that improvements were needed in the evaluation and approval processes.

EDA stated that it had approved each of the

projects

in qrrestion in accordance with EDA criteria

after a thorough review

of all factors deserving consideration.

In view of the number of projects which appeared questionable,

GAO

believed that EDA"s procedures did not provide adequate criteria

for evaluating projects within each region to insure that only those projects which had

significant

and timely economic impact and which were reasonably certain of

beginning construction

on a timely basis would be funded.

Consequently, GAO recommended to the Secretary of Commerce that EDA

be required to establish

improved procedures for evaluating

proposed projects to provide for a more realistic

evaluation

of (1) the projected economic benefits to the unemployed and underemployed residents

of the redevelopment areas, (2) the economic benefit in relation

to project costs,

and (3) the timeliness

of the economic impact.

(D-153449, Mar. 21, 1972.)

22

DEPARTMENTOF COMMERCE

ECONOMICDEVELOPMENTADMINISTRATION (continued)

Limited effect of Federal

on economic development

expenditures

The Federal Government has established

a number of programs aimed at alleviating

chronic poverty, unemployment, and underemployment.

GAO evaluated

the assistance provided under these programs to Johnson County, Kentucky, to

determine their effect on the economy of a specific

area.

Johnson County,

in the heart of Appalachia, was selected as the area for the study because

high

it had the typical

characteristics

of economically

distressed

areas:

Although the study

unemployment, low family income , and high out-migration.

covered only one county, GAO believed that other rural counties in Kentucky

and elsewhere in the Appalachian region had experienced similar

difficulties.

Development handicapped

lack of industry

by

Johnson County received $28.2 million

in Federal assistance from fiscal

years 1965 through 1969, primarily

for economic development, agriculture,

A large part of the assistance was for

education, and public assistance.

economic development, but its impact on broadening the economic base and

creating new jobs was very limited

at the time of GAO's review.

There are many obstacles to attracting

industry to Johnson County.

GAO's opinion, the county's heavy dependence on Federal assistance will

tinue unless new industry can be encouraged to locate in the area.

In

con-

Among GAO's recommendations was a recommendation that EDA make a comprehensive study to identify

additional

incentives

that might encourage inAccording to EDA some steps along these

dustry to expand in rural areas.

lines had been taken and some were underway.

Need for improved planning

and coordination

The effect of Federal assistance on the economic development of Johnson

County was also limited

by inadequate coordination

between the Federal and

ImState agencies concerned with implementation

of the Federal programs.

proved planning and coordination

was needed to assign priorities

and design

plans aimed at achieving economic independence.

No Federal organization

had

this overall

responsibility.

The agencies most closely concerned with economic development of Johnson County are the Appalachian Regional Commission--a joint

Federal-State

group established

by the Congress in 1965 to conduct a special development

effort --and ED&-which partially

funds projects

aimed at alleviating

high

unemployment.

GAO recommended that the Appalachian Regional Commission, in

cooperation with EDA, take a more active role in coordinating

Federal activities at the local level.

(B-130515, Feb. 7, 1972.)

23

DEPARTMENT OF COMMERCE

MARITIME

ADMINISTRATION

Savings

certain

available

reserve

by consolidating

fleet

activities

In November

1971, GAO reported

that,

after

the first

year,

annual

savings of about

$664,000

could

be realized

by having

the Maritime

Administration,

Department

of Commerce,

assume the function

of preserving

certain

Army

and Navy inactive

vessels

in the Beaumont,

Tex.,

and San Francisco,

Calif.,

areas and by closing

a Navy berthing

site

and an Army wet storage

area,

Savings

during

the first

year would amount to about

$392,000

because

of certain

nonrecurring

impact

costs,

such as towing,

corrective

preservation

steps,

and site

preparation,

that would be incurred

in effecting

the consolidation.

Maritime

would be able to assume the maintenance

and preservation

function more economically

than the Navy because

Maritime

uses experienced

civilian employees,

whereas

the Navy primarily

uses relatively

inexperienced

military

personnel.

Additionally,

fewer administrative

employees

would be

needed by Maritime

because

some of the Navy administrative

tasks would be absorbed by the employees

located

at Maritime

reserve

fleet

sites.

Maritime

and the Army agreed with GAO's recommendation

that

these

activities

be consolidated.

The Navy concurred

in the intent

of GAO's recommendation

but was strongly

opposed

to having

Maritime

assume the maintenance,

preservation,

and related

administrative

functions

at one of its San Francisco

The Navy was concerned

about

the ability

of Maritime

to preserve

comsites.

bat ships

and the ability

of the Navy site

to carry

out its military

responsibilities

should

Maritime

assume the maintenance

and preservation

responsibility

for the inactive

vessels.

GAO also recommended

that

the Secretary

of Commerce and the Secretary

Defense

study

the feasibility,

including

the effect

on costs,

of consolidating functions

for other

Army, Navy, and Maritime

Administration

inactive

fleet

sites.

GAO was informed

that

such a study would be made.

(B-168700,

Nov. 18, 1971.)

25

of

DEPARTMENTOF HEALTH, EDUCATION, AND WELFARE

Contents

FOODAND DRUGADMINISTRATION

Insanitary

conditions

found in food manufacturing

industry

Need for action to preclude ineffective

or subpotent biological

products from being marketed in interstate

commerce

Lack of authority

limits

protection

of consumers from

harmful products

Page

29

29

30

31

HEALTH SERVICES AND MENTAL HEALTH ADMINISTRATION

Need for adequate planning to provide for orderly transition in funding methods under title

V, Social Security

Act

Need for improved controls over changes in use of medical

facilities

financed with Hill-Burton

program funds

33

NATI6NAL INSTITUTES CIF HEALTH

Improvement needed in management of construction

for health research and teaching programs

37

33

34

grants

37

CFFICE OF EDUCATION

Improved administration

needed in New Jersey for Federal

program of aid to educationally

deprived children

Federal program of aid to educationally

deprived children

in Illinois

can be strengthened

Opportunity

for increased effectiveness

of the Teacher Corps

program

Need for improved coordination

of federally

assisted student

aid programs in institutions

of higher education

39

SOCIAL AND REHABILITATION SERVICE

Problems in attaining

integrity

in welfare programs

Problems in functioning

of State systems for reviewing use

of medical services financed under Medicaid

Need for guidance to States in establishing

rates of payment

for nursing home care under Medicaid program

Problems in collection

of child support under program of aid

to families

with dependent children

Excessive payments to States for administrative

expenses of

public assistance programs

43

43

SOCIAL SECURITY ADMINISTRATION

Need for improvement in systems designed to assure that

physicians'

services are medically

necessary

Questionable payments to hospitals

for costs of health services

Problems in collecting

overpayments to institutions

terminating their participation

in Medicare program

Excessive cost of providing

durable medical equipment to

Medicare patients

51

27

39

39

40

41

i: 4

45

46

4s

51

52

53

54

DEPARTMENTOF HEALTH, EDUCATION, AND WELFARE

FOODAND DRUGADl'KINISTRATION

Insanitary

conditions

found in

food manufacturing

industry

The Food and Drug.Administration

(FDA), Department of Health, Education,

and Welfare (HEW>, has the responsibility

to provide assurance that food

products shipped across State borders are processed under sanitary conditions and are safe, pure, and wholesome to eat.

To determine whether FDA

was able to provide this assurance, GAO requested FDA to inspect 97 food

manufacturing

and processing plants selected at random from about 4,550 such

plants in six FDA districts

including

21 States.

The inspectors

found that, of the 97 plants,

39--or about 40 percent-were operating under insanitary

conditions,

On the basis of this sample,

GAO projected that 1,800 plants in the 21 States were operating under insanitary conditions.

Further, FDA officials

stated that conditions

at

plants in the 21 States would be representative

of conditions

nationwide.

Although responsibility

for sanitation

rests with the food manufacfactors

contributing

to

the

poor

sanitation

conditions

in the inturers,

dustry were FDA's limited

resources for making inspections

and the lack of

timely and aggressive enforcement actions by FDA when poor sanitation

conAlso, FDA's inventory of food manufacturers,

used for

ditions were found.

planning inspections

and measuring the scope of its plant inspection

responsibility,

was not complete or accurate.

Among the recommendations

GAOmade to HEWwere that

FDA be required

to:

--Periodically

select and inspect a representative

number of food

plants to assess industrywide

conditions

and report its assessments

to the Congress.

--Periodically

evaluate the accuracy of the inventory of food plants

so that FDA would know the scope of its responsibilities

and resources required for sanitation

inspections.

--Take a stronger enforcement posture against those plants that show

continuing

flagrant

disregard of the Federal Food, Drug, and Cosmetic

Act.

--Issue written

notices in all cases of plants not complying with the

act and request written

responses on actions taken or planned to

correct the violations

and to insure continued compliance.

HEW concurred in all of GAO's recommendations

of corrective

actions had been or would be taken.

and stated

that

a number

In the light of the insanitary

conditions

shown to exist in the food

manufacturing

industry,

GAO recommended that the Congress consider the

adequacy of FDA's inspectional

coverage of food plants with the resources

Also, GAO stated that the

available

under its current appropriations.

29

DEPARmENT OF HEALTH, EDUCATICN, AND WELFARE

FOODAND DRUG

--- AD~~IMISTRATION (continued)

Congress should he aware that FDA relies almost entirely

on State and local

governments for inspectional

coverage of some 500,000 restaurants

and retail

food stores that receive or ship products interstate,

Ir:spectiun.s of these

establishments

by FDA to the extent necessary to judge whether such reliance

is justified

would require the use of inspection

resources.

To attain additional

flexibility

in enforcing the Federal Food, Drug,

and Cosmetic Act, GAO recommended that the Congress consider amending the

law to provide for civil

penalties when sanitation

standards are violated.

(B-164031(2), April 18, 1972.)

Need for action to preclude ineffective

or

subpotent biological

products from being

marketed in interstate

commerce

Pursuant to the Public Health Service Act, biological

products (vattines, serums, etc.) must be licensed by the Secretary of the Department of

Health, Education, and Welfare (HEW) before they nay be transported

interstate.

To obtain a license under that act, manufacturers must produce prod-ucts which meet standards of safety, purity,

and potency.

The Division

of

Biologics

Standards (DBS), a division

of the National Institutes

of I1e~lt.h

(NIH), licensed biological

products.

Another act, the Federal Food, Drug, and Cosmetic Act, requires thaiL.

the Secretary of HEWapprove a drug for safety and efficacy

before it may

be introduced into interstate

commerce. The requirement for efficacy

was

added by a 1962 amendment and was to be applied to (11 all drugs approved

subsequent to October 10, 1962, and (2) any drugs approved during the

period June 25, 1938, to October 10, 1962, which generally were not recognized by scientific

experts to be effective

in use,

Although it found no evidence of any ineffective,

biological

products

licensed after 1962, GAO did find that ineffective

products licensed prior

to 1962 were being marketed.

Seventy-five

of the 263 biological

products

licensed by DBS generally were not recognized--according

to the Director

of DBS--as being effective

by most of the medical profession.

All 75 of

the products were licensed by DE'S prior to the 1962 amendment.

DBS had not required biological

products to be effective

as a condition of licensing

and had not removed ineffective

products from interstate

commerce because it did not believe that legislative

authority

existed for

such actions.

However, JJEW's General Counsel ruled that drugs, as defined

in the Federal Food, Drug, and Cosmetic Act, included biological

products,

and the Secretary of ISEWtook action in February 1972 to require DBS to

apply the provisions

of the act to biological

products.

GACIalso found that, of 221 lots of influenza virus vaccines permitted

to be released by DBS during 1966, 1967, and 1968, 115 lots failed,

according

to the manufacturers'

own tests, to meet potency tests established

by DBS.

A licensed product may not be released by a manufacturer- for sale until

DEPARTMENTOF HEALTH, EDUCATION, AND WELFARE

FOODAND DRUGADMINISTRATION (continued)

the manufacturer has completed tests to determine that the product conforms

to the standards applicable

to its safety, purity,

and potency.

DBS may

require a manufacturer to submit, prior to the release of a product to the

public,

samples of production lots and the results of the manufacturer's

tests.

DBS then may either release a lot or reject it when necessary to

insure the safety, purity,

or potency of the product.

GAO recommended that:

--To stop the marketing of ineffective

or subpotent biological

products, HEW (1) require NIH to establish

milestones

to implement the

efficacy

provisions

of the Federal Food, Drug, and Cosmetic Act and

(2) monitor NIH's progress in stopping the marketing of biological

products determined to be ineffictive.

--HEW require DBS to revise its instructions

to provide sufficient

controls to preclude vaccines from being released if tests by either

the manufacturers

or DBS show the vaccines to be subpotent.

HEW stated that it was in full agreement with these recommendations

and informed GAO of actions that had been or would be taken.

One of the

actions taken was to transfer

DBS to the Food and Drug Administration

on

July 1, 1972. (B-164031(2), Mar. 28, 1972.)

Lack of authority

limits

protection

of consumers from harmful products

The Federal Food, Drug, and Cosmetic Act and the Federal Hazardous

Substances Act were enacted to protect American consumers from harmful and

potentially

harmful commercial products.

Except with respect to biological

products, the Secretary of HEWdelegated his responsibility

for administering

these acts to FDA. GAO examined FDA's actions in fulfilling

the intent of

the legislation

and evaluated the authority

provided FDA to protect consumers.

FDA's effectiveness

depends largely on its ability

to act promptly.

GAO found that FDA has had difficulties

in removing defective

products

from markets because, with the exception of records relating

to prescription drugs, it lacks authority

to obtain access to records needed to identify,

examine, and remove products suspected or known to be defective

and,

without obtaining court action,

it lacks authority

to (1) detain products

from interstate

shipment until determination

can be made as to whether or

not they should be removed from the market, and (2) take steps required to

withdraw them.

GAO recommended that the Secretary of HEW propose legislative

changes

and

Cosmetic

Act

and

the

Federal

Hazardous

to the Federal Food, Drug,

Substances Act to provide FDA with authority

to (1) examine records and

data related to the production and distribution

of products,

(2) detain

products suspected or known to be defective,

and (3) require firms to recall these products.

31

DEPARTi?ENTOF HEALTH, EDUCATION, AND WELFARE

FOODAND DRUGADMINISTRATION (continued)

GAO also recommended that the Congress consider amending the Federal

Food, Drug, and Cosmetic Act and the Federal Hazardous Substances Act to

strengthen FDA's authority.

HEW said it was giving serious consideration

to the inclusion

of GAO's

legislative

proposals in its legislative

program for the Ninety-third

Congress.

(B-164031(2), Sept. 14, 1972.)

32

DEPARTMENTOF HEALTH,, EDUCATION, AND WELFARE

HEALTH SERVICES AND MENTAL HEALTH ADMINISTRATION

Need for adequate planning to provide for

orderly transition

in funding methods

under title

V, Social Security Act

In response to a request from the Chairman, House Ways and Means Committee, GAO reviewed the plans for, and impact of, the change in the method of

distributing

funds under title

V of the Social Security Act that was scheduled to become effective

July 1, 1972. GAO was requested to obtain information primarily

on (1) plans made and actions taken by the Department of

Health, Education, and Welfare (HEW) and the States for an orderly transition

from a combination of special project and formula grants to formula grants

on July 1, 1972, and (2) the impact that termination

of the authority

for

funding special project grants directly

would have on the amount of funds

previously

made available

to individual

States.

Social

Of the funds appropriated

Security Act:

annually

for allocation

under title

V of the

--50 percent were available

for distribution

to States, on the basis of

formulas,

for maternal and child health services and for services for

crippled children.

--40 percent were available

for special project grants for maternity

and

infant-care

services,

health services for children and youths, and

dental health services for children and youths.

--lo percent were available

for supporting

ects as authorized by the act.

training

and research

proj-

Title V stipulated

that, for fiscal year 1973 and subsequent years, 90 percent of the funds would be available

for distribution

to the States through

formula grants, thus terminating

the authority

for making 40 percent available for special projects.

GAO reported that, on the basis of the formula used for fiscal year 1972,

the termination

of authority

for special project grants would result in a

substantial

change in the amount of funds made available

to many States.

GAO estimated that (1) 37 States and Guam would receive additional

funds of

about $31 million,

and (2) 13 States, the District

of Columbia, Puerto Rico,

and the Virgin Islands would experience reductions

of about the same amount.

The change in the method used to distribute

funds also could result,

according to GAO, in a substantial

shift in emphasis from maternal and child

health programs to crippled children's

programs and could have a substantial

impact on the health services being provided within the States.

GAO also reported that HEW had made no plans for an orderly transition

from a combination of special project and formula grants to formula grants

and that few States had made plans for the transition,

primarily

because of

the lack of Federal guidance.

Although the impact of the transition

on existing projects

could not be fully

assessed in the absence of State plans,

33

DEPARTMENTOF HEALTH, EDUCATION, AND WELFARE

HEALTH SERVICES AND MENTAL HEALTH ADMINISTRATION (continued)

responses from States

were located indicated

their projects.

in which the major portion

that most of these States

of the existing

projects

would reduce funding of

were to

GAO suggested to the Committee that, if an orderly transition

be achieved, the termination

date for Federal funding of special project

grants would have to be extended beyond June 30, 1972. Subsequently,

the

Congress extended the termination

date to June 30, 1973.

nation

In its report to the Committee,

date, HEW should:

GAO stated

that,

prior

to the new termi-

--Consider revising

the formula being used to allocate

title

V funds

among States, to lessen the immediate impact of large reductions

in

funds on States having concentrations

of low-income families.

--Reconsider its practice

of dividing

formula funds equally between the

maternal and child health program and the crippled

children's

program

after making a determination

of the types of services which can be

provided under each program.

--Advise each State of the estimated amount of funds it will

and the services it must provide subsequent to the revision

distribution

methods.

--Assist

levels

(B-164031(3),

each State in developing

with a minimal disruption

plans to adjust

of services.

receive

in fund

to the new funding

June 23, 1972.)

Need for improved controls over changes in use

of medical facilities

financed with Hill-Burton

propram funds

The Health Services and Mental Health Administration

(HSMHA), Department

of Health, Education,

and Welfare (HEW), is responsible

for the administration of the hospital

and medical facilities

construction

grant program authorized by title

VI of the Public Health Service Act, commonly known as the

Hill-Burton

program.

Under this program, HSMHAmakes grants for the construction of certain types of hospital

and medical facilities

for which a need is

certified

to exist by the responsible

State agency.

In a review of certain aspects of the Hill-Burton

program, GAO noted

that some grantees, after receiving

Federal .assistance for the construction

of specific

types of medical facilities,

had redesignated

and used a part of

the facilities

for other purposes without obtaining

approval.

In one case, HEW approved an application

from a hospital

for Federal

assistance to (1) construct a new diagnostic

and treatment unit and (2) reconstruct

several floors of the hospital.

The reconstruction

project was to

34

DEPARTMENTOF HEALTH, EDUCATION, AND WELFARE

HEALTH SERVICES AND MENTAL HEALTH ADMINISTRATION (continued)

provide about 247 (later reduced to 224) long-term-nursing-care

beds. When

the hospital

applied to the State for the annual renewal of its hospital

license on December 1, 1969, shortly after the reconstruction

had been completed, only 49 of the 224 beds which had been constructed with Federal assistance were shown on the application

as long-term-nursing-care

beds. Hospital officials

advised GAO that the other 175 beds in the reconstruction

project were licensed and used for general-care

purposes or were unoccupied.

State planning documents showed that, at the time the Federal financial

assistance was approved, a need existed for long-term-nursing-care

beds in

the area where the hospital

was located but that a need did not exist for

general-care

beds. A State official

advised GAO that the bed reclassification by this hospital

had contributed

to both the shortage of long-termnursing-care

beds and the excess of general-care

beds in the local area.

It was GAO's belief that, because projects

are approved for Federal financial assistance under a priority

system based on need, it would be desirable to have a procedure requiring

review and approval by HEW and the responsible State agencies of proposed changes in the use of facilities

to insure

that the changes are merited.

Although HEW did not agree that Federal approval should be required,

it

did agree with GAO's proposal that grantees be required to obtain approval

from their State agencies for proposed changes in the use of facilities

constructed with Hill-Burton

funds.

HEW stated that it had an understanding

with grantees that (1) changes from one eligible

use to another must not

exceed the requirements for the facility

category shown in the HEW-approved

State plan and (2) the State agency would be notified

before such changes

took place.

HEW advised GAO that, to strengthen this long-established

policy,

it planned to require that applicants

for Hill-Burton

funds include statements in their applications

that they would not convert any parts of their

proposed facilities

from one use to another without State approval.

HEW also

advised GAO that it planned to require,

as GAO had recommended, that State

agencies establish

policies

and procedures for monitoring

and approving

changes in the use of facilities

constructed

with Hill-Burton

funds.

(B-164031(2), Mar. 23, 1972.)

35

36

'DEPARTMENTOF HEALTH, EDUCATION, AND WELFARE

NATIONAL INSTITUTES OF HEALTH

Improvement needed in management

of construction

grants for health

research and teaching programs

The National Institutes

of Health (NIH) makes grants to assist in

financing

the construction

of facilities

for use in health research teachThe objectives

of the programs are to prevent and control

ing programs.

the many crippling

and killing

diseases affecting

the Nation's population

and to alleviate

shortages of physicians

and other professional

health

personnel.

In reviewing these programs GAO found that, since the NIH system for

awarding health research facilities

grants was based primarily

on the individual

scientific

merits of each proposed project,

many approved appliGAQ recommended in a report issued to the

cations had not been funded,

Secretary, FEW, on June 16, 1972, that, to obtain the most benefits

from

the health research facilities

construction

program, HEW determine systematically

the nature and dimensions of the Nation's health research needs,

including

assessing the existing

research efforts

and capabilities

by area,

discipline,

and disease, and establish

program objectives

and priorities

on the basis of such determinations

so that these needs can be met within

the constraints

of available

funding limitations.

HEWconcurred with the recommendation and stated that it would develop

a program plan if research facility

program funds again became available.

According to NIH, funds were not requested for this program in recent years

because of overall constraints

on funds.

GAO also found, in a review of seven research facilities

which had

been completed for more than 2 years, that none had attained the research

personnel levels projected in the grant applications.

At five of these

space

was

being

used

for

research

in

areas

other than the specfacilities,

ific areas to which the grantees had committed themselves as conditions

of

the grants.

Similar problems were noted in the use of space at a completed

The law provides for recovery of Federal funds when fateaching facility.

cilities

are not used for the purposes for which constructed.

GAOrecommended that

HEW:

--require

applicants

for grants

proposed use of space, and

to submit detailed

information

on the

--establish

appropriate

follow-up

procedures to insure that the grant,funded facilities

are being used for the purposes for which they were

constructed,

and either concur in such uses or seek appropriate

recoveries.

HEW concurred with these recommendations and informed GAO of corrective

actions which had been or would be taken,

(B-164031(2),

June 16, 1972.)

37

DEPARTMENTOF HEALTH, EDUCATION, AND WELFARE

OFFICE OF EDUCATION

Improved administration

New Jersey for Federal

of aid to educationally

needed in

propram

deprived children

Title

I of the Elementary and Secondary Education Act of 1?65, adrninistered by the Office of Education, provides financial

assistance to local

educational

agencies to meet the special educational

needs of educationally

deprived children residing

in areas having high concentrations

of children

In a report dated April 7, 1971, GAO expressed

from low-income families.

the belief that a substantial

part of the title

I program in Camden, New

Jersey, funded at about $1 million

annually, had provided general aid to the

public and private school systems there rather than aid to educationally

deprived children

as prescribed

in the act.

GAO recommended that HEW review those projects

in Camden that appeared

to be inconsistent

with the objectives

of the act and effect recoveries of,

or make adjustments in, title

I funds where warranted.

HEWadvised GAO that the Office of Education, in conjunction

with State

officials,

would conduct a thorough review in Camden and make prompt recoveries or appropriate

adjustments of all amounts'found to have been exwith title

I objectives

or

pended for purposes, or in a manner, inconsistent

GAO was informed in August 1971 that a task force had been esregulations.

tablished to study its findings

and determine the amount of recoveries to be

effected.

In response to questioning

during hearings by the House Subcommittee on

Appropriations

in February 1972 on its appropriations

for 1973, the Office

of Education submitted for the record a statement

in which it said that it

had conducted an on-site visit,

interviewed

both State and local officials,

examined relevant information,

and prepared a report on its findings.

The

Office of Education also said in its statement that

it was preparing a letto send to the New Jersey Commissioner of

ter, on the basis of its report,

Education stating the Office of Education's preliminary

determination

as to

the amounts due for recovery.

Office of Education officials

advised GAO in September 1972 that the

letter

had not been sent to the New Jersey Commissioner of Education but

GAO is reporting

herein on the status of this

that one was being prepared.

matter because the report prepared by the Office of Education indicated that

further action was warranted.

(~-164031(l),

Apr. 7, 1971.)

Federal program of aid to

educationally

deprived children

in Illinois

can be strengthened

In a report dated June 22, 1972, GAO expressed the belief

that, under

the title

I program, local

educational

agencies in Chicago, Harrisburg,

and

Rockford, Illinois,

implemented projects

that provided new or additional

39

DEPARTMENTOF HEALTH, EDUCATION, AND WELFARE

OFFICE OF EDUCATION (continued)

services which otherwise might not have been available,

been available

only on a limited

basis, to educationally

or which would have

deprived children.

GAO noted, however, that certain areas in program operation and administration

required special attention

by management officials

to help insure

that their programs were having the maximum impact on the educationally

deprived children and recommended that HEWwork with the State and local educational

agencies or take other necessary action to insure:

--That project objectives

are developed in measurable terms and that

techniques and procedures for evaluating

the success of the projects

are devised.

--That current and complete data on the number of children are used in

determining

school attendance areas eligible

to participate

in the

program.

--That comprehensive

deprived children.

assessments are made of the needs of educationally

--That the title

I program (1) is concentrated in a limited

number of

eligible

school attendance areas and is providing a variety

of serv(2) is focused on the most eduices to the participating

children,

cationally

deprived children,

(3) is extended to eligible

non-publicschool children,

and (4) involves parents and other groups in the

community.

--That equipment purchased with title

I funds is being used to meet the

needs of educationally

deprived children and, if no longer used for

such purposes, is properly disposed of.

HEW concurred in GAO's recommendations and described

taken or planned to take to implement them. (~-164031(l),

actions it had

June 22, 1972.)

Opportunity

for increased effectiveness

of the Teacher Corps program

In a report assessing the effectiveness

of the Teacher Corps program in

attaining

its legislative

objectives,

GAO noted that the program strengthened

educational

opportunities

for children in low-income area schools where corps

members were assigned.

Corps members introduced several innovative

teaching

methods and projects

not previously

used in the schools and participated

in

education-related

community activities.

Almost 75 percent of the corps members covered by the GAO review remained in the field of teaching and, of

these , almost 80 percent became teachers in schools serving poor areas.

Also, some degree of success was achieved in accomplishing

the Teacher

Corps' second legislative

objective--broadening

teacher preparation

programs.

40

DEPARTMENTOF HEALTH, EDUCATION, AND WELFARE

OFFICE OF EDUCATION.(continued)

The program could have been more effective

if local educational

agencies

had continued successful innovative

methods after corps members completed

their assignments and if the participating

universities

had established

formal procedures for evaluating

and incorporating

useful ideas, experiments,

and techniques into their teacher preparation

programs.

Also, State departments of education and the Office of Education needed to take a more active

role in disseminating

information

about successful features of the Teacher

Corps program.

By letter

dated August 24, 1972, HEW stated that it concurred with GAO's

recommendations and that a number of actions had been or would be taken to

strengthen the Teacher Corps program.

(~-164031(l),

JUIY 14, 1972.)

Need for improved coordination

of

federally

assisted student aid programs

of higher education

-in institutions

The Office of Education administers

four major programs providing

financial aid to students attending colleges,

universities,

and vocational

schools.

These include the Guaranteed Student Loan program, the National

Defense Student Loan program, the College Work-Study program, and the Educational Opportunity

Grant program.

The four programs provided assistance of

about $1.7 billion

to approximately

2.3 million

students in fiscal year

1971. GAO examined the coordination

of these programs because student enrollment

and tuition

costs have increased significantly

in recent years and

have added to the demand for financial

assistance and to the Government's

potential

liability

in the case of defaulted loans.

In an August 1972 report to the Congress, GAOpointed out that seven of

eight institutions

visited

generally

awarded aid to students under Office of

Education programs that require a showing of need without considering whether

the students also had obtained or requested loans from lending institutions

under the Guaranteed Student Loan program.

As a result,

some students were

provided with aid in excess of their indicated

financial

needs and some

students borrowed under both loan programs and incurred large debts that

could be difficult

to repay.

GAO reviewed 400 student aid cases selected at random from a list of

approximately

6,500 students who had obtained loans under the Guaranteed

Student Loan program.

Of the 400 students, 57 (14 percent) were awarded aid

totaling

about $51,800 in excess of their indicated financial

needs. On the

basis of the sample, GAO estimated that 900, or 14 percent of the 6,500

students, had been provided with aid totaling

at least $761,000 in excess of

their indicated

needs.

GAO also noted that some institutions

have not had sufficient

Federal

aid funds to meet the financial

needs of their students and that students

who received excess aid made such aid unavailable

to others who qualified.

41

DEPARTMENTOF HEALTH EDUCATION, AND WELFARE

OFFICE OF EDUCATION (continued)

GAO recommended that

HEW direct

the Office

of Education

to:

--Require institutions

of higher education to establish procedures for

coordinating

assistance provided under Federal student aid programs

which require a showing of financial

need with any assistance provided

under the Guaranteed Student Loan program and other schooladministered

aid programs.

--Monitor

implementation

of the procedures 'to preclude

ance in excess of students'

financial

needs.

awardi!!g assist-

By letter

dated April 24, 1972, HEW stated that it concurred with the

intent of GAO's recommendations.

However, before deciding on whether to

implement the recommendations, HEWplanned to determine the magnitude of the

coordination

problem nationwide,

by requiring

institutions

of nigher eduza-tion to provide data on total student aid awards.

GAO believes that such data may not be adequate for determining the

extent of the coordination

problem.

The data must also show students' total

resources (aid, parental contributions,

and student income or savings) that

are to be applied toward the costs of their education.

GAO intends to stay

abreast of the progress of HEW's study and to determine, on the basis of the

study results,

whether appropriate

action was taken.

GAO also suggested that the Congress consider establishing

an overall

limitation

on the amount that a student may borrow when participating

in

more than one loan program.

(B-164031(1), Aug. 2, 1972.)

42

DEPARTMENTOF HEALTH, EDUCATION, AND WELFARE

SOCIAL AND REHABILITATION SERVICE

Problems in attaining

in welfare programs

integrity

In March 1972, GAO reported to the Congress on the effectiveness

of the

quality

control system used by States to insure that public assistance funds

are being provided to eligible

persons only and that public assistance programs are being managed fairly

and efficiently.

This system was developed

by the Department of Health, Education, and Welfare (HEW) in 1964., In

October 1970, HEW required the States to implement a revised quality

control

system.

GAO informed the Congress that the revised system had not accomplished

its purpose of maintaining

integrity

over the public assistance programs.

In a review of the system used by eight States--California,

Colorado,

Louisiana,

Maryland, Michigan, New York, Ohio, and Texas--GAO noted that

these States had not fully

implemented the revised system and had encountered

problems in implementing,

operating,

and carrying out the quality

control

function.

HEW had decided that the revised system should be implemented as ~001-1

as possible after its design was completed.

GAO reported that HEW was not

ready, however, to deal with many of the complexities

of implementing a

system that required close cooperation between the Federal Government and the

GAO reported further that HEW regional offices,

because of insuffiStates.

cient staff and limited knowledge of the system, usually were able only to

react to State problems as they occurred rather than to anticipate

them and

assist States in avoiding the problems.

On the State level, GAO noted that problems varied in intensity

from

State to State.

Two States--California

and New York--had not implemented

the Federal system statewide as of July 1971 but had attempted to use other

methods to control public assistance expenditures.

The methods used were

not designed to meet Federal objectives.

The remaining six States --which implemented the system statewide-encountered one or more of the following

problems.

--Staffing.

As of April 30, 1971--7 months after the Federal system

was to be implemented --only Colorado and Michigan had met their staffing needs. Insufficient

staffing

continued to be a major problem.

--Investigations.

HEW specified

the number of cases to be reviewed in

each State so that reliable

statistical

projections

could be made concerning the total number of cases.

None of the six states completed

the required number of quality

control reviews for the first

quarter,

October to December 1970, although Colorado and Ohio came close.

For

those cases that were reviewed, ineligibility

rates or incorrect

payment rates generally were high.

--Verification,

tation of all

HEW requires that independent verification

and documen-,

aspects of eligibility

and payment be pursued to the

43

DEPARTMENTOF HEALTH, EDUCATION, AND WELFARE

SOCIAL AND REHABILITATION SERVICE (continued)

point at which decisions on eligibility

and the amounts of payment

About 90 percent of the completed quality

control

are conclusive.

reviews analyzed by GAO had not done this.

GAO recommended that HEW:

that top State officials

are aware

--Insure,

through appropriate

efforts,

of the benefits to be derived from an effective

quality

control system.

--Increase headquarters and regional

level at which they can effectively

control operations.

office quality control staffs to a

assistand

monitor State quality

--Define,

for the guidance of State and local quality

control reviewers,

necessary steps to be considered as requirements

in determining recipients' resources,incomes,

and other eligibility

factors so that quality control investigations

can provide conclusive findings.

HEW informed GAO that (1) its regional commissioners were taking vigorous action to insure that States which did not have fully

operational

quality

control systems complied with Federal regulations,

(2) training

seminars were

being conducted for its regional staff so that they could provide assistance

to States for realizing

fuller

use of quality

control as a management tool,

(3) as of March 1972 all but one of the 55 quality control staff members

authorized for its headquarters and regional offices had been hired, and a request had been submitted to the Congress for additional

staff members, and

(4) it was developing additional

guidelines

for issuance to State agencies so

that quality

control investigations

could provide conclusive

findings.

(B-l64031(3),

Mar. 16, 1972.)

Problems in functioning

of State systems

for reviewing use of medical services

financed under Medicaid

At the request of the Chairman, House Committee on Ways and Means, GAO

reviewed the functioning

of the utilization

review systems under the Medicaid

program in Missouri and Florida.

The purposes of the review systems are to

safeguard against unnecessary medical care and services and to insure that

Medicaid payments are reasonable and consistent

with efficiency,

economy, and

quality care.

GAO concluded that the utilization

review system in Missouri was operating in a satisfactory

manner and was producing positive

benefits.

Over a lyear period, payments to hospitals

were reduced by about $260,000 and payments to physicians were reduced by about $715,000.

Florida's

utilization

review system, like Missouri's,produced

positive

results.

The use of claimsprocessing procedures resulted in reducing claims for payment by hospitals

by

about $268,000 over a 4-month period.

Claims for payment for skilled

nursinghome care were reduced by about $222,000 during an ll-month period.

Nevertheless, GAO-noted opportunities

for improvement.

44

DEPARTMENTOF HEALTH, EDUCATION, AND WELFARE

SOCIAL AND REHABILITATION SERVICE (continued)

GAO recommended that HEW assist

Missouri's

actions to

--periodically

and

evaluate

the State

the effectiveness

of Missouri

and monitor

of utilization

review

controls,

--expand the utilization

review of hospital

care to increase the number

of hospitals

covered and the incidence of evaluations

of the need for

continued care.

GAO recommended that HEW assist

both States

and monitor

their

actions

to

--provide

for the systematic

of the costs of utilization

accumulation

review with

of data enabling a comparison

the benefits

it provides,

and

--study the HEWmodel system for the purpose of adopting

offering

opportunity

for improvement.

design

features

HEW informed GAO that the Social and Rehabilitation

Service had established the study and improvement of utilization

review systems as one of its

priorities.

HEW also stated that, in those States that were implementing

and try to correct

the SRS utilization

review system, it planned to identify

any problem areas the States might encounter in implementing the system.

(B-164031(3), Mar. 27, 1972, and‘June 9, 1972.)

Need for guidance to States in establishing

rates of payment for nursing home care

under Medicaid program

HEW administers

the Medicaid program under which the Federal Government

pays part of th e State's cost of nursing home care provided to persons unable

to pay for such care.

GAO reported

to the Congress in April

--formulated

the States

and issued appropriate

in establishing

rates

1972 that

HEWhad not

criteria

and requirements to guide

of payment for nursing home care,

--enforced

the requirement of the Social Security Act that State plans

include a description

of the methods and procedures used in establishing payment rates, or

--instituted

effective

policies

and procedures for reviewing and evaluating methods and procedures actually

being used by the States in establishing

payment rates.

GAO believed that the administration

of the Medicaid nursing home program

could be significantly

improved through HEW's issuance of definitive

criteria

to guide.States

in establishing

payment rates.

These criteria

should consider

45

DEPARTMENTOF HEALTH, EDUCATION, AND WELFARE

SOCIAL AND REHABILITATION SERVICE (continued)

such matters as frequency of rate setting,

use of audited cost data, allowon allowances for

ability

of items to be included in the rate, limitations

inflation

and profit,

desirability

of home-by-home rate setting,

and recognition of differences

caused by demographic characteristics

when group rates

are used.

GAO recommended that

HEW:

--Instruct

the Social and Rehabilitation

Service (SRS) to expedite "ihe

formulation

and issuance of appropriate criteria

and requirements

for guiding States in the establishment

of payment rates for nursing

home care.

--Require that States furnish periodically

for review by HEW's regional

offices detailed descriptions

of the methods followed in establishing

payment rates,

--Require that SRS review periodically

States' implementations

prescribed criteria

to help insure the proper and efficient

tration

of the Medicaid nursing home program,

of the

adminis-

HEWadvised GAO that:

--It would issue formal guidelines

for implementing

reimbursement regulation

by June 15, 1972.

the nursing

home

--It was preparing proposals for studies on nursing home costs which

would have significant

bearing on future departmental policy governing reimbursement for skilled

nursing home services and lead to

guides which would assist States in adopting general reimbursement

principles.

--It intended to make program reviews in each State on a continuing

basis with emphasis on reimbursement methods.

--States would be required to furnish periodically

for review by HEW's

regional offices

detailed descriptions

of the methods followed in

establishing

payment rates.

(B-164031(3),

Apr.

19, 1972.)

Problems in collection

of child

under program of aid to families

with dependent children

support

At the request of the Chairman, House Committee on Ways and Means, GAO

examined into the collection

of child support from absent parents whose

children are receiving

assistance under the aid to families

with dependent

children (AFDC) program.

The examination was made in four States.

The AFDC

program is administered

by the States, and general guidance is provided by

HEW.

46

DEPARTMENTOF HEALTH, EDUCATION, AND WELFARE

SOCIAL AND REHABILITATION SERVICE (continued)

An absent father who is financially

support of his public assistance-receiving

Federal and State Governments) to carry

borne by the parent.

able but does not contribute

to the

family causes tapayers

(through

a financial

burden which should be

In line with the requirements of the Social Security Act, HEWregulations require States to have a program for establishing

paternity

for

children born out of wedlock and for securing financial

support for these

and all other children being aided under the AFDC program who have one or

both of their parents absent from the home. In addition,

each State is required to establish

a separate unit for carrying out these support enforcement activities.

In March 1972 GAO reported to the Committee that opportunities

existed

to increase substantially

the amount of child support collected

from absent

parents.

HEW has not emphasized the collection

of child support because

there is a shortage of regional staff and because this activity

represents

Nor

a small part of the total effort needed to administer

the AFDC program.

has HEW required States to report regularly

on their accomplishments in

securing child support.

Consequently HEW has not been in a position

to

provide guidance to the States to assist them in overcoming problems in

their support enforcement programs.

In three States the responsibility

for establishing

paternity,

locating

Also, these States

absent parents, and securing support was fragmentized.

did not routinely

collect

and analyze pertinent

data regarding their programs for collection

of child support.

Consequently they did not have a

sound basis for evaluating

the effectiveness

of their programs.

The fourth

was

achieving

the

best

results,

principally

because

emState, Washington,

phasis was placed on encouraging absent parents to contribute

to child support voluntarily

and State laws and regulations

emphasized the responsibility

of .absent parents for the financial

support of their children.

GAO recommended that

enforcement program

HEW initially

review

each State's

child

support

--to determine how effective

the program had been in identifying

locating

absent parents and in securing child support,

--to identify

problems

ment program, and

--to

find

ways to assist

encountered

by the State

the State

in solving

in its

its

support

and

enforce-

problems.

GAO recommended also that, to fulfill

its continuing

responsibility

for

the oversight of the States' support enforcement activities

and to assist

the States in increasing

the effectiveness

of their programs, HEW should

--adopt procedures

programs;

for monitoring

the Statess

47

support

enforcement

DEPARTMENTOF HEALTH, EDUCATION, AND WELFARE

SOCIAL AND REHABILITATION SERVICE (continued)

--require

States to periodically

report to HEW statistical

information,

such as the number of cases involving

absent parents and the amount

and accomplishments and problems encountered;

of support collected,

--disseminate

to all States information

on particular

accomplishments

or organizational

or operational

features of either States or HEW

regional offices

that might assist other States in improving their

programs; and

--encourage States to consider the features of the State of Washington's

program that had contributed

to its success and, when practicable,

to adopt those features that would strengthen their support enforcement programs.

(B-164031(3),

Mar. 13, 1972.)

Excessive payments to States

administrative

expenses of

public assistance proprams

for

The Federal Government shares with the States the expense of administering the public assistance programs for the needy--the States spent $1.3 billion for this purpose in fiscal

year 1970; the Federal share was about

$800 million.

GAO reviewed the payments made by HEW to two States and found that they

exceeded authorized amounts by $3.7 million

in two counties in one State-California--and

by $1.7 million

Statewide in the other State--Pennsylvania.

State officials

estimated that, Statewide,

the excessive payments could

have amounted to $7 million

in California.

GAO noted that the excessive payments to California

could have been

avoided if HEW had promptly reviewed claims and had disapproved those which

exceeded authorized amounts, Excessive payments to Pennsylvania could have

been avoided if HEW had promptly (1) resolved questions concerning payment

rates and conditions

to be met in making claims and (2) determined whether

the amounts claimed were proper,

GAO recommended that HEW insure

--Issues

relating

to claims

that:

are resolved

promptly.

--When issues are unresolved,

States be directed

the lower rates until

the issues are resolved.

--States

adhere to prescribed

conditions

and rates

to claim

payment at

of payment.

--When payments in excess of authorized amounts are identified,

actions be taken to recover the excess payments.

48

prompt

DEPARTMENTOF REALTH, EDUCATION, AND WELFARE

SOCIAL AND REHABILITATION SERVICE (continued)

GAO recommended also that

to evaluating

the effectiveness

tive expenses.

the HEWAudit Agency give increased attention

of State procedures for claiming administra-

HEW informed GAO of various actions it had taken or was considering

meet the objectives

of GAO’s recommendations.

to

Pennsylvania repaid the excess amount in question, but California

did

not agree that its claims had been excessive.

California

contended that

the lack of a definitive

response from HEW had led it to believe that its

approach eventually

would be approved and that, because of the tacit approva

exceptions to payments made seemed unjustified.

HEWwas negotiating

with

California

to settle the questioned payments. (B-164031(3),

Feb. 7, 1972.)

48

DEPARTMENTOF HEALTH, EDUCATION, AND WELFARE

SOCIAL SECURITY ADMINISTRATION

Need for improvement in systems designed

to assure that physicians'

services

are medically

necessary

requireSince the advent of Medicare and Medicaid --and the legislative

ment to prevent payment for unnecessary medical services--HEW and its paying

agents have devoted much effort

to developing and implementing utilization

review systems designed to detect and prevent payments for physicians'

servGAO reviewed

ices provided unnecessarily

to Medicare and Medicaid patients.

the safeguards used by seven paying agents in five States to evaluate the

progress that had been made.

Each of the paying agents included in GAO's review had estabiished

procedures which helped to identify

instances of unnecessary services,

for

Six of the agents reported that they had

which payments were disallowed.

disallowed payments of $8.6 million

during the first

6 months of 1971 for

GAO

believed,

however, that opservices found to be medically

unnecessary.

portunities

existed for further

savings by improving the paying agents' procedures, which had been independently

developed and varied widely.

GAO recommended that HEW evaluate the overall effectiveness

of the paying agents' utilization

review systems to identify

the more effective

features or procedures of each system and provide information

to the paying

agents as to which systems and/or procedures are most effective

and should

be adopted.

GAO recommended also that HEW (1) provide guidance to paying agents for

identifying

the patterns of medical services which warrant further investigation to determine whether unnecessary services were provided, encourage

their investigation

to the fullest

extent possible,

and require that evaluations of the need for medical services be based on professional

medical judgment, and (2) establish

procedures for effective

exchange of data on known

or potential

utilization

problems and monitor the exchange of such data.

HEW agreed that there was a need for improvement in the utilization

view systems being used by paying agents and outlined

several actions

taken or proposed to take to improve the utilization

review function.

(B-164031(4), Aug. 2, 1972.)

it

rehad

DEPARTMENTOF HEALTH, EDUCATION, AND WELFARE

SOCIAL SECURITY ADMINISTRATION (continued)

Questionable payments to hospitals

for costs of health services

Federal payments to hospitals

for health services provided to Medicare

patients usually are made through fiscal

intermediaries

acting under contracts with HEW. The contracts are administered

by the Social Security Administration

(%A).

GAO made a review at 14 hospitals

to determine whether the Federallyprescribed systems and procedures were adequate to insure that Medicare payments to hospitals

were in accordance with the law and regulations.

Although most of the payments were correct,

GAO noted several problem

areas in the administration

of the existing

systems and questioned net

charges of about $622,000 to Medicare for payments made by the intermediaries.

These questionable

payments were made because:

--Hospitals

had difficulty

in identifying

the costs of services and activities

not covered under the Medicare program--such as private-duty

nurses; convenience items, such as television

and telephone services;

and research, educational,

or commercial activities

which are not

directly

related to the care of Medicare patients.

--Hospitals

did not apply certain non-patient

revenues or other monies

as offsets to reimbursable

costs as required by HEWregulations.

--Certain

hospital

costs were incorrectly

and outpatient

activities.

allocated

between inpatient

--Statistical

and payment data used by hospitals

in computing Medicare's

share of the hospital

costs and/or in computing the cost settlements

were incomplete or inaccurate because (1) there were errors in computer programs and (2) hospitals

and intermediaries

did not consider

the most current data available

at the time of the audits and settlements.

--Hospitals

charged Medicare more than the hospitals

ices rendered by radiologists

and pathologists.

paid for the serv-

GAO recommended that HEW--through SSA--(l) communicate to all intermediaries the problem areas of hospital

reimbursement discussed in GAO's report and (2) emphasize to all intermediaries

the need for improving audits

to better assure that payments made under the current Medicare reimbursement

system are in accordance with the law and regulations.

(B-164031(4), Aug. 3,

1972.)

52

DEPARTMENTOF HEALTH, EDUCATION, AND WELFARE

SOCIAL SECURITY ADMINISTRATION (continued)

Problems in collecting

overpayments to

institutions

terminating

their participation

in Medicare program

GAO made a review to find out why health care institutions

were leaving

Medicare and whether Federally-prescribed

systems and procedures were adequate to insure that terminated institutions

refunded any amounts due the

Government.

While institutions

have terminated their participation

in Medicare for

a variety of reasons, GAO believed that actions already proposed by the Congress and HEW should reduce many of the objections

to the program which were

mentioned by officials

of the institutions

as reasons for leaving it.

Many of the institutions

that terminated their participation

in Medicare

owed the Government sizeable amounts totaling

millions

of dollars.

These

debts resulted from overpayments by intermediaries,

who act as fiscal

agents

for SSA in reviewing and paying Medicare benefit claims to health care institutions.

Most of the overpayments resulted from the intermediaries'

making

interim payments that were higher than the actual cost of providing services

to Medicare patients.

Interim payments are made on the basis of estimated

costs, and adjustments are supposed to be made after the institutions

file

annual reports of actual costs which are subject to audit by the intermediaries.

GAO found that the efforts

of both the intermediaries

and HEW to recover

overpayments had been only partially

successful.

When an overpayment to an

institution

has been identified,

the intermediary

generally has two ways to

recover it within the present legislative

framework and SSA instructions.

These are to offset the overpayment against other Medicare amounts due the

institution

or obtain a refund from the institution.

GAO recommended that

management controls be designed to enable SSA to more effectively

manage its

collection

activities.

GAO also recommended that, to reduce overpayments,

HEW take actions to obtain closer adherence by intermediaries

to existing

SSA

instructions

for estimating

costs.

While improvements in existing

instructions

and procedures would help

avoid or minimize overpayments, there also was a need for better means of

obtaining refunds from institutions

that were overpaid.

Since many of the

institutions

that terminated their participation

in Medicare without refunding overpayments continued to participate

in State Medicaid programs, which

GAO recommended that the Congress

are to a large extent Federally-financed,

authorize HEW to withhold--subject

to appropriate

advance notice to a StateFederal participation

in State Medicaid payments to those institutions

that

terminate from Medicare and refuse to refund Medicare overpayments.

On March 20, 1972, the Senate Committee on Finance announced that, in

connection with its deliberations

on the Social Security Amendments of 1971

(H.R. l>, it had decided to initiate

an amendment to the law along the line

recommended by GAO. (B-164031(4), Aug. 4, 1972.)

53

DEPARTMENTOF HEALTH, EDUCATION, AND WELFARE

SOCIAL SECURITY ADMINISTRATION (continued)

Excessive cost of providing durable medical

equipment to Medicare patients

In a review made to see if the Medicare law was promoting the most economical ways of providing durable medical equipment, such as wheelchairs,

hospital

beds, and respirators,

used by Medicare patients

in their homes, GAO

found that it was not.

Medicare patients often rented durable medical equipment even when the periods of need--as estimated by their physicians--were

long enough to justify

purchase.

Based on an analysis of samples selected

from the claims of 20,000 patients at six Medicare insurance carriers

in five

States, GAO estimated that savings of nearly $1 million

could have been

realized for the 20,000 patients if equipment had been purchased when the

anticipated

period of need indicated that purchases would have been more economical than rentals.

The original

Medicare law provided only for rental of equipment for use

in patients'

homes. In January 1968 the Congress amended the law to authorize either purchase or rental but required Medicare to pay for purchases of

"expensive" equipment costing over $50 in periodic installments

equal to

rental payments.

The amendment was intended to prevent Medicare payments

for the purchase of costly equipment used or needed for only a short time.

If a Medicare patient dies, recovers, or is hospitalized,

Medicare installment

payments are stopped even though the patient or his estate may

not have been fully reimbursed for the purchase price.

A factor that led

patients to rent equipment even though their physicians

indicated that the

equipment would be needed for a long time was their inability

to afford to

make lump-sum purchase payments which were reimbursable

by Medicare only

through installments.

GAO recognized that the best solution to this problem

might vary from area to area and believed that HEW should have flexibility

in finding the best solution

in a given locality.

GAO recommended that the Congress amend the Medicare law to enable HEW

to deal more effectively

with the problem by including

authority

to (I) make

lump-sum payments for purchases of equipment when, on the basis of anticipated periods of need, purchase appeared to be more economical than rental,

and (2) enter into agreements with suppliers

aimed at limiting

rental payments after they exceed the purchase prices by specified

percentages.

HEW agreed with GAO's recommendations.

Further, on March 17, 1972, the

Senate Committee on Finance announced that, in connection with its deliberations on the Social Security Amendments of 1971 (H.R. 11, it had decided to

initiate

an amendment to the Medicare law along the lines recommended by

GAO. (B-164031(4), May 12, 1972.)

54

DEPARTMENTOF HOUSINGAND URBAN DEVELOPMENT

Contents

Page

CWMUNITY DEVELOPMENT

Stricter

enforcement

of housing codes needed

HOUSINGPRODUCTIONAND MORTGAGECREDIT

Benefits could be realized

through reuse of designs for

public housing projects

Benefits could be realized by revising

policies

and practices

for acquiring existing

structures

for low-rent public housing

5.5

57

57

55,

59

51

DEPARTMENTOF HOUSINGAND URBANDEVELOPMENT

COMUNITY DEVELOPMENT

Stricter

enforcement

of housing

codes needed

The Congress directed that communities, to be eligible

for Federal housing programs, adopt and enforce codes to prevent deterioration

and decay of

Also

the

Congress

established

the

housing and stop the spread of blight.

Code Enforcement Grant Program, administered by the Department of Housing

and Urban Development (BUD), to assist communities financially

in enforcing

housing codes.

Ineffective

local

code enforcement

The General Accounting Office (GAO) reviewed code enforcement activities

in 29 communities and found that 28 of them had not enforced housing codes

effectively

and that HUD had not used its legislative

authority

to stop funds

for other Federal housing programs until

they did so.

HUD had continued to certify

cities

as eligible

for Federal assistance

colmnuwithout insuring that they had effective

citywide code enforcement.

nity resistance

to adopting and carrying out local code enforcement is a

difficult

problem, causing HUD to emphasize construction

of low- and

In

moderate-income housing and to give a low priority

to code enforcement.

GAOss opinion, HUD had been continuing piecemeal, sporadic thrusts at a

problem which should have been attacked in all its aspects simultaneously.

GAO recommended that HUD (1) promote the acceptance of the benefits

to homeowners of effective

code enforcement,

(2) set minimum requirements

for certification

of a community's workable program, which must include information showing the community's progress in adopting and enforcing housing

codes and be certified

by HUD before the community is eligible

for other

a new requirement iniurban renewal programs, and (3) apply, nationwide,

tiated by one HUD area office for code inspection

and compliance as a condition for Federal Housing Administration

mortgage insurance.

HUD acknowledged that more needed to be done and said that it planned

to work with the cities

to develop their techniques and capacities

for evaluating the adequacy and effectiveness

of local code enforcement activities.

Projects

approved for

inappropriate

areas

The objectives

of the Code Enforcement Grant Program were to prevent

the spread of blight and,to preserve good neighborhoods by using Federal

aid to restore basically

sound housing which was beginning to deteriorate.

HUD had frequently

approved projects

in areas where housing was too detein two

riorated

for code enforcement to work. GAO's review of 10 projects

HUD regions showed that only three were in areas appropriate

for code enforcement and that seven were in areas which should have been either rehabili tated or redeveloped,

HUD's guidelines

for selecting

appropriate

code enforcement areas were

inadequate because they did not take into consideration

the degree of deterioration

in the structures

and the incomes of property owners.

Intensive

57

DEPARTMENTtiF HOUSINGAND URBANDEVELOPMENT

C&iMUNITY DEVELOPMENT(continued)

deterioration

coupled with low incomes results in the owners being unable

to make the repairs necessary to bring their properties

into compliance with

housing codes.

GAO recommended that the Secretary of HUD reemphasize the slum prevention objective

of code enforcement and establish

criteria

to insure that the

program be used only in areas appropriate

for preventing housing deterioration.

HUD said that it planned to implement several management changes in

its criteria

for site selection.

HUD did not agree, however, with GAO's

suggestion that HUD's site-selection

criteria

include provision

for more

intensive

testing of the degree of deterioration

in proposed project areas

and the extent of poverty in the areas.

Deficiencies

in staffing

and monitoring

code

enforcement projects

GAO found that additional

time and administrative

costs had been incurred because HUD had not adequately reviewed the communities'

plans to

insure that the proposed staffing

would be adequate to complete the code

enforcement projects

in the approved time periods.

Also, HUD had not ade,.

quately monitored the projects to identify

and correct problems causing

In response to GAO's recommendations, HUD said that it planned to

delays.

implement administrative

changes to improve its management of the program.

Gveremphasis on public

improvements

GAO found that as of June 30, 1970, about 54 percent of all code enforcement funds approved by HUD had been for public improvements.

GAO believes that the Congress intended that the code enforcement program should

concentrate on preventing housing deterioration

and arresting

blight and

that spending for public improvements (paving streets,

repairing

sidewalks,

etc.) should be minimal.

GAO recommended that the Secretary of HUD have procedures established

to provide for a more critical

review of requests for public improvements.

To do so, HUD would have to revise its criteria

to provide sufficient

and

adequate guidance for approving public improvements in code enforcement

projects.

HUD commented that, although it believed public improvements

were important to the success of the program and, in some cases, essential

public improvements were keys to the success of the projects,

it was reviewing its present policy and expected to provide clearer guidelines

as

part of its overall review of the program.

(~-118754, June 26, 1972.)

58

DEPARTMENTOF HOUSINGAND URBANDEVELOPMENT

HOUSINGPRODUCTIONAND MORTGAGECREDIT

Benefits could

of designs for

be realized

through reuse

public housing projects

Most of the 2,500 public housing projects approved and subsidized by HUD

Since designs are ofsince July 1965 have been based on individual

designs.

ten reused in the construction

of private housing, motels, schools, and other

GAO made a review to determine the benefits

public and private buildings,

that might feasibly

be realized

by reusing designs in the construction

of

public housing projects.

GAO's review showed that construction

of public

pedited and that project costs could be significantly

were reused.

1

housing could be exreduced if designs

One of the major benefits of reusing designs is that construction

can be

started earlier.

Information

obtained during GAO's review indicated

that construction

of public housing projects could be started from 5 to 19 months

sooner when designs were reused.

;i

GAO's review showed also that reuse of designs could result in reductions in (1) design costs and (2) labor and material costs, because of the

avoidance of price escalation.

GAO estimated that such cost reductions

could have amounted to about $31 million

in fiscal

year 1970 if 50 percent

of the projects placed under construction

during that year had been based

on existing

designs.

Over 55 percent of the 700 housing projects placed in construction

during fiscal

year 1970 were turnkey projects

for which local housing authorities (LHAs) had not acquired title

to the designs.

GAO recommended that HUD implement procedures to encourage greater reuse

of designs for public housing projects and require that LHA contracts with

developers under the turnkey method provide for acquiring title

to designs so

that they will be available

for reuse on other turnkey projects

and on conventional

projects also.

HUD agreed that there was potential

for economies in reusing designs

modified to fit different

sites, but stated

that there were constraints

which limited

the degree to which reuse of designs was feasible

to produce

savings.

HUD stated that public housing should not become standardized

and must

reflect

the architectural

standards of the neighborhood and community.

Since an inventory of approximately

1,400 designs could be made available

to LHAs for selection,

GAO believes that such variety would preclude the

necessity of duplicating

a project in any one community.

HUD stated

extensive effort

also that implementation

of design reuse would involve an

and widespread cooperation

by LHAs and architectural

firms

59

/

I

DEPARTMENTOF HOUSINGAND URBANDEVELOPMENT

HOUSINGPRODUCTIONAND MORTGAGECREDIT (continued)

servicing

them, as well as considerable

Federal effort

in providing assistance. GAO interviews

indicated

that there is a willingness

by both LHAs and

architects

to participate

in the reuse of designs.

GAO therefore believes

that the Federal assistance needed to promote such a program should be provided and that the costs for such assistance would be minimal compared to the

savings in time and costs that could be achieved.

HUD stated that public housing sites differed

so widely that completely

new site and landscape plans were inevitable.

GAO agrees that basic designs

generally have to be modified to meet local conditions

and foundation requirements but believes that such modifications

would not represent a major problem. Representatives

of an engineering and building

firm stated that necessary changes in basic building

designs could be identified

and made within

30 days after a proposed site was selected.

Although HUD stated that it hoped to develop a systematic method of

bringing superior project designs to the attention

of housing authorities

on a nationwide basis, GAO believes that HUD's proposal to encourage the reuse of only superior designs would limit the inventory of project designs

which LHAs could choose from and would not afford LHAs the opportunity

to reuse project designs which go unrecognized but which are otherwise attractive,

well-designed,

and perhaps suitable to the needs of local communities.

(B-114863, Dec. 2, 1971.)

60

DEPARTMENTOF HOUSINGAND URBAN DEVELOPMENT

HOUSINGPRODUCTIONAND MORTGAGECREDIT (continued)

Benefits could be realized

by revising policies

and practices

for acquiring

existing

structures

for low-rent public housing

The low-rent housing program is designed to make decent, safe, and sanitary dwellings available

to low-income families

at rents within their financial means. HUD provides financial

and technical

assistance to LHAs, which

develop and/or acquire, own, and operate low-rent public housing projects to

accomplish this aim.

To provide low-rent public housing, LHAs use several methods--conventional construction,

turnkey, direct acquisition

of existing

privately

owned

dwellings , and leasing.

Use of direct acquisition

method

does not increase housing supply

GAO reviewed HUD's and LHAs' practices

and procedures relating

to the

direct acquisition

method of obtaining existing,

occupied standard structures

and found that, although the method had the advantage of being expedient,

it

had certain disadvantages which tended to make it less desirable than other

methods.

By using the direct acquisition

method, the LHAs increased the supply of

low-rent public housing but did not directly

help to achieve the national

housing goal of increasing

the housing supply.

GAO's review of 15 projects

in eight selected cities

or metropolitan

areas showed that about $80 million

had been expended by the LHAs to acquire

the projects without increasing

the supply of standard housing by a single

unit.

HUD's analyses of housing-market

conditions

showed that, in seven of

the eight cities,

a need for both subsidized and nonsubsidized

standard housing existed at the time of the acquisition

of these projects.

The LHAs' action, therefore,

did not improve the overall condition

of the housing market.

It appears that, in such cases, the construction

of new housing and the rehabilitation

of substandard housing would be the preferred method and would

use Federal funds more effectively

by adding to the supply of standard housing.

GAO proposed that HUD limit

its financial

assistance to LHAs to the acquisition

of privately-owned

standard housing at those locations

where the

supply of such housing exceeds the demand and terminate the acquisition

of

currently

occupied, privately-owned

standard housing which is in

existing,

the planning or early development stages and use the funds instead to finance the construction

of new low-rent public housing projects

or to purchase

and rehabilitate

existing

substandard housing.

HUD did not agree with this limitation

because it felt that such a practice would be too restrictive.

HUD commented that, despite an overall

demand

for unsubsidized housing in a community, for various reasons, some structures

would not meet the demand.

DEPARTMENTOF HOUSINGAND URBAN DEVELOPMENT

HOUSING PRODUCTIQNAND MORTGAGECREDIT (continued)

GAO agreed that, if certain standard housing had a high vacancy rate and

could be purchased at an acceptable price, acquisition

of such housing by an

LHA would be beneficial.

Of the 15 projects reviewed by GAO, however, all

had low vacancy rates.

Acquired units are not being

used to house those most in need

GAO's review showed that the acquisition

of privately

owned standard

housing generally had not resulted in substantially

reducing the number of

families

or persons living

in substandard housing, because many of the occupants of the acquired housing units had previously

lived in standard housing.

Some of the families

occupying the acquired units had incomes exceeding

Also, some persons

the established

limits

entitling

them to public housing.

were occupying units larger than those suggested in HUD's guidelines.

Because only a relatively

small number of the occupants of the acquired

housing projects included in GAO's review had previously

occupied substandard

housing, there appeared to be a need for specific

standard admission policies

to insure that those families

or persons most in need are given preference.

GAO suggested that the Congress might wish to require that LHAs give

preference for admission to public housing to occupants of private substandard housing over those who are occupying private standard housing.

Hardships to former occupants

of acquired properties

The acquisition

of privately

owned standard housing has provided standard housing to certain low-income families

sooner than it could have been

provided under the other methods, but it has resulted in (1) hardships to

former occupants of acquired projects who were forced to move and (2) loss of

tax revenues to local governments.

In some cases, the people forced to move

were not given assistance in relocating

although such assistance was provided

for by HUD regulations.

Other displaced occupants were subjected to physical

and financial

hardships.

GAO recommended that HUD, prior to approving LHAs' acquisition

of occupied, privately

owned standard housing, require the LHAs to adequately demonstrate that housing of comparable quality

and rent exists in the areas and

that adequate relocation

assistance will be available

for tenants who will be

displaced.

HUD stated that it was preparing a program description

of the direct acquisition

method which would provide that relocation

responsibilities

and requirements be fulfilled

in accordance with its relocation

handbook that requires the submission of a complete.relocation

plan.

62

DEPARTMENTOF HOUSINGAND URBAN DEVELOPMENT

HOUSING PRODUCTIONAND MORTGAGECREDIT (continued)

Need to assure that prices

of acquired properties

are

reasonable

GAO's review indicated

that HUD needed to improve its procedures to provide adequate assurance that the prices of acquired properties

are reasonable.

GAO recommended that HUD establish

appraisal requirements

for the

direct acquisition

method similar

to those established

for the turnkey method

which require that two independent cost estimates be obtained and provide

that the total price be no greater than the average of the cost estimates.

HUD agreed with this recommendation.

HUD stated that revised procedures were

being prepared that would include pertinent

instructions

and regulations.

(B-114863, Sept. 7, 1972.)

63

DEPARTMENTOF THE INTERIOR

Contents

Page

BONNEVILLE POWERADMINISTRATION AND BUREAUOF RECLAMATION

Charges for use of Federal electrical

power transmission

lines should be reevaluated

67

BUREAUOF RECLAMATION

Need for revision

in interest-rate

criteria

for determining

financing

costs of water resource projects

Need for comparison of scheduled and actual repayments of

Government's investment in Missouri River Basin hydroelectric

system

Need for development of public recreation

facilities

at

Lake Berryessa, California

69

BUREAUOF LAND MANAGEMENT,BUREAU OF INDIAN AFFAIRS, AND

GEOLOGICALSURVEY

Need for improvements in administration

of surface exploration, mining, and reclamation

regulations

Need to appraise adequacy of application

fees for coal

exploration

and mining permits and leases

Need to develop procedures for implementing the National

Environmental

Policy Act of 1969

BUREAUOF LAND MANAGEMENTAND GEOLOGICALSURVEY

Improvements needed in administration

of Federal

leasing program

67

69

70

71

73

73

74

74

75

coal75

BUREAUOF MINES

Improvements needed in assessment and collection

of penalties --Federal Coal Mine Health and Safety Act of 1969

77

BUREAUOF INDIAN AFFAIRS

Increased income could be earned on Indian trust monies

Opportunity

to improve Indian education

Slow progress in eliminating

substandard Indian housing

79

79

79

80

GEOLOGICALSURVEY

More specific

policies

and procedures needed for determining royalties

on oil from leased Federal lands

83

OFFICE OF TERRITORIAL AFFAIRS

Opportunities

for improving

of Government Comptroller

effectiveness

for Guam

6.5

of activities

77

83

85

85

DEPARTMENTOF THE INTERIOR

BONNEVILLE POWERADMINISTRATION AND

BUREAU OF RECLAMATION

Charges for use of Federal electrical

transmission

lines should be

reevaluated

power

The Bonneville

Power Administration's

wheeling rates--fees

charged for

transmitting

non-Federal power over Federal transmission

systems--in

effect

in fiscal year 1970, had not been adjusted for changes in costs and other

factors that had occurred after the rates were established

in 1956, and the

wheeling revenues received in 1970 were inadequate to recover the cost of

providing wheeling services.

At its Missouri River Basin Project,

the Bureau of Reclamation generally

had paid for Federal power transmitted

over private transmission

systems at a

standard rate and had charged the same rate for non-Federal power transmitted

over the Federal system. The General Accounting Office (GAO) was unable to

determine the basis on which the standard rate had been established

or

whether the rate was intended to recover the Government's costs of providing

the wheeling services.

Bureau officials

stated that periodic reviews had

not been made of the adequacy of the standard rate.

GAO recommended that the Secretary of the Interior

(1) establish

a

policy providing specific

criteria

as to the cost elements or other factors

to be considered by the power agencies in developing wheeling rates and

(2) require the power agencies to periodically

reevaluate

the adequacy of

wheeling rates.

With respect to GAO's first

recommendation, the Department stated that

it had, within general principles,

approved established

criteria

and guidelines for determining wheeling rates, but that specific

criteria

had not

been established

because of the complexities

involved and the advantages

in system management of retaining

flexibility

of criteria

in determining

specific

wheeling charges.

With respect to GAO's second recommendation,

the Department stated that the power agencies were continually

involved in

the determination

of the adequacy of the wheeling rates and that each established wheeling rate was reviewed at least once every 5 years.

The Department did not furnish GAO either Department-approved

criteria

or guidelines

which required &hat wheeling rated be adequate to recover the

cost of wheeling services or evidence that periodic

reviews of the adequacy

of the wheeling rates had been made by the power agencies.

In GAO's opinion,

the varying circumstances

involved in wheeling power and the advantages of

having flexible

criteria

do not overcome the need for a policy which clearly

defines the elements of cost to be considered in developing wheeling rates

because, in the absence of such a policy,

significant

variances will continue

to exist between and within the agencies relative

to the establishment

of

wheeling rates.

In view of its findings,

GAO continues to believe that the

actions recommended are necessary to recover from wheeling customers the

full cost of providing wheeling services and therefore should be implemented.

(~~114858, Sept. 29, 1971.)

67

,,DEPARTMENTOF THE INTERIOR

BUREAUOF RECLAMATION

Need for revision

in interest-rate

criteria

for

determining

financing

co&

of

water resource projects

Multipurpose

water resource projects

are constructed,

operated, and

maintained by the Federal Government through the Bureau of Reclamation,

Department of the Interior,

and the Corps of Engineers (Civil

Functions),

Department of the Army. The Bureau also makes loans to assist State and

local organizations

in developing small reclamation

projects.

Costs repayable by project users generally

include (1) the Government's investment-land acquisition

costs, construction

costs, and interest

capitalized

during

construction--and

(2) annual interest

on the unrepaid investment in the

project or loan.

The rates at which interest

is capitalized

and is payable

annually on the unrepaid Federal investment in the projects

are based on

formulas and criteria

in existing

legislation.

The Water Supply Act of 1958 (43 U.S.C. 390) prescribes

criteria

for

computing interest

rates on the Government's investment in municipal and

industrial

water supply projects.

The act requires that interest

rates be

computed on the basis of the computed average interest

rate payable by

Treasury on those outstanding obligations

which are neither due nor callable

for redemption for 15 years from their dates of issue.

GAO's review of three Bureau and two Corps multipurpose

projects

in the

Southwestern United States, constructed at a total cost of about $170.4 million, showed that basing interest

rates on criteria

prescribed in the 1958

act rather than on rates more representative

of Treasury's borrowing costs

--resulted

iri'the Government's understating

its investment in the municipal

and industrial

water suppiy features of the projects by about

$5 million

and

--will

result in reduced annual interest

payments of about $80 million

to Treasury on'the Government's unrepaid investments in the projects

during the repayment-period.

The interest

rate criteria

in the 1958 act also applies to the interest

charged on repayable costs associated with the recreation

and fish and widelife enhancement feature's of multipurpose

projects.

GAO believes that interest

rates based on such criteria

are not repreof Treasury's cost of borrowing funds to finance multipurpose

projects

and that using current market yields on outstanding Government obligations

of comparable maturity

is the best measurement of the Government's

cost of financing

an activity.

sentative

In addition to charging interest

on certain costs associated with financing Bureau and Corps multipurpose

water resource projects,

the Bureau

charges.interest

on portions of the funds it lends to State and local

69

DEPARTMENTOF THE INTERIOR

BUREAUOF RECLAMATION(continued)

However, the interorganizations

to construct small reclamation

projects.

est rate criteria

used by the Bureau, as prescribed by the Small Reclamation

Projects Act of 1956, as amended (85 Stat. 4881, do not result

in full recovery of the Government's cost of financing

the loans.

GAO recommended that

provide that:

the Congress amend the existing

legislation

to

--The interest

costs to be capitalized

as part of the Government's

investment in water resource projects

be based on an interest

rate

annually prescribed by the Secretary of the Treasury and, in establishing

a rate, the Secretary consider the average market yield,

during the year in which the investment is made, on the outstandin&

marketable obligations

which he considers to be most representative

of Treasury's cost of borrowing money to finance construction

of the

projects.

--The interest

to be paid to Treasury annually on the Goverrhnent's unrepaid investment in water resource projects be based on a composite

of the average market yields used in computing the capitalized

interest costs.

--The interest

on unrepaid small reclamation

loans be charged at the

rate prescribed by the Secretary of the Treasury for the year in

which the loan is made.

The Treasury Department noted that it had long recommended use of current market yields on long-term outstanding Government obligations

of comparable maturities

as the best measurement of the Government's cost of financing an activity.

Treasury said that GAO's recommendation was consistent

with the approach taken by the Congress for other Federal lending and investment activities

in recent

years.

The Department of the Interior

observed that the net effect of GAO's

recommendation would be to make the interest

rate for repayment of all

interest-bearing

debts representative

of Treasury's borrowing rate for the

year in which the investment or loan was made. Interior

noted that, although it had revised its interest

rate criteria

for new Federal power

projects

to more nearly reflect

the current cost of money borrowed to finance power projects,

the Congress had been reluctant

to deviate from the

interest

rate criteria

in the 1958 act.

(~-167712, Aug. 11, 1972.1

Need for comparison of scheduled and actual

repayments of Government's investment in

Missouri River Basin hydroelectric

system

The Bureau of Reclamation has not published or prepared annual rate

and repayment studies since 1963 to show whether electric

power rates are

adequate to repay the Federal investment in the Missouri River Basin hydro-electric

system within the required 50 years,

The results

of similar

studies usually are published annually for other Federal hydroelectric

power

projects.

70

DEPARTMENTOF THE INTERIOR

BUREAUOF RECLAMATION(continued)

GAO is of the view that the Bureau, in addition to publLshing annual

rate and repayment studies for the power projects,

should publish supplementary statements comparing the actual repayments to date with the schcd-uled repayments established

on an orderly basis for repaying the investment

in the projects within the repayment period.

Such comparisons would show

whether the scheduled repayments were being met in accordance with predetermined milestones

and, if not, the extent of the deficiencies.

Such comparisons also would provide management and the Congress with a basis for

inquiry into the action necessary to insure that revenues will be available

to meet the increased repayments required during the remainder of the rcpayment period.

Although the legislation

authorizing

the Missouri River Basin integrated projects

does not require that the Federal investment therein be repaid in regularly

scheduled annual amounts, GAO computed the annual repayments required for repaying the Federal investment in the projects over a

50-year period on the basis of two amortization

methods--the compoundinterest

amortization

method and the straight-line

amortization

method.

GAO's comparison of the actual repayments as of June 30, 1969, with

the cumulative computed annual repayments required under each of these

methods showed that the deficiency

in the actual repayments would have been

about $41.8 million

under the compound-interest

amortization

method and

about $131.2 million

under the straight-line

amortization

method.

Preparation

of annual rate and repayment studies supplemented with

statements comparing actual repayments with scheduled repayments established

on an orderly basis , which GAO recommended, would provide useful information

for inquiry into how the additional

revenues will be obtained and into the

adequacy of power rates.

The Department agreed that the Bureau should give consideration

to the

practicability

of publishing

an annual rate and repayment study, but did not

agree that a supplemental statement showing the status of repayments was

GAO believes,

however, that a comparison of actual repayments

necessary.

with scheduled repayments is needed for evaluating

the adequacy of revenues

in meeting repayment requirements.

(B-125042, Feb. 28, 1972.)

Need for development

recreation

facilities

Berryessa, California

of public

at Lake

The Bureau of Reclamation entered into a management agreement with

Napa County, California,

in July 1958 for the administration

and development

of recreational

facilities

at Lake Berryessa, California.

This agreement,

rewritten

in 1962, provided that the county , and all parties acting under

its authority,

would develop the Lake Berryessa area in accordance with a

public use plan prepared by the National Park Service in 1959. The plan

stipulated

the areas that should be developed and the number of boat launching, picnicking,

and other recreational

facilities

that should be provided

in each area.

71

DEPARTMENT

OF THE INTERIOR

--"-.---I

BUREAUOF RECLAMATION(continued)

GAO reported to the Secretary of the Interior

that the Bureau had not

adequately controlled

the development of public recreational

facilities

at

Lake Berryessa and that the general public has been severely restricted

in

its access to and use of the lake because of (1) extensive development by

concessionaires

of mobile-home parks along the shoreline and (2) the failure to provide recreational

facilities

in accordance with the plan.

The

principal

development at the lake has been the construction

of mobile-home

parks which occupy some of the most desirable areas along the shoreline.

GAO recommended that

the Secretary

of the Interior

--require

the Bureau of Reclamation to act to insure adequate development of public recreational

facilities

at the lake, as provided in

the proposed revised public use plan;

--require

the Bureau to prescribe suitable accounting records

maintained by the concessionaires

operating the facilities;

to be

and

--consider

the feasibility

of obtaining Federal authorization

and funding for capital improvements at the lake, to reduce the reliance on

others for development of public recreational

facilities.

The Bureau indicated that it was aware of the problems at the lake and

was considering

various corrective

actions,

including

taking over the management of the lake.

(B-174172, Feb. 22, 1972.)

72

DEPARTHENT

OF THEINTERIOR

BUREAU

OF LANDMANAGEMENT,

BUREAU

OF INDIAN AFFAIRS, AND

GEOLOGICAL

SDRVEY

At the joint request of the Chairman and the ranking minority memberof

the Conservation and Natural Resources Subcommittee of the House Committee

on Government Operations, GAQreviewed the Department of the Interiorss administration .of regulations for, surface exploration, mining, and reclamation

of public and Indian coal lands,

In January 1972 the Department estimated that 41 million acres of the

825 million acres of public land had coal deposits, Of the 41 million acres,

1.6 million were covered by prospecting permits or mining leases. The Department also estimated that 13.5 million acres of the 50 million acres of

Indian lands had coal deposits. Of the 13.5 million acres, 700,000 were

covered by coal prospecting permits or mining leases,

Need for improvements in administration of

surface exploration, mining, and reclamation

regulations

On January 18, 1969, the Department of the Interior issued new regulations for surface exploration, mining, and reclamation of public and Indian

lands, to avoid, minimize, or correct damageto the environment and hazards

to public health and safety.

These regulations, which apply only to permits

and leases issued, extended, or readjusted after January 18, 1969, do not

provide specific requirements for exploration, mining, or reclamation activities.

The specific technical requirements for such activities

are based

on examinations (called technical examinations) and are included as special

stipulations in permits or leases granted by the Department to the mining

operators.

Permits and leases on-public and Indian lands are administered by the

Department's Bureau of Land Management(BIM) and Bureau of Indian Affairs

(BIA), respectively.

The Department's Geological Survey (Survey) is responsible for providing scientific

and technical advice to both BLMand BIA.

GAO's review of 65 permits and leases (53 for BLMand 12 for BIA) showed

that:

--The required technical examinations had not been conducted for 35 of

the permits and leases. The purpose of a technical examination is

to determine the effects that the proposed exploration or mining

would have on the environment and to serve as a basis for formulating

appropriate reclamation requirements.

--Some permittees were operating without approved exploration plans-an essential element of control in protecting the environment--and

some plans had been approved without technical examinations,

--Some required compliance and performance bonds had not been obtained

'from the operators.

The amounts of some of those that had been

73

DEPARTMENTOF THE INTERIOR

BUREAUOF LAND MANAGEMENT,

BUREAUOF INDIAN AFFAIRS, AND

GEOLOGICALSURVEY (continued)

obtained were insufficient

to meet the estimated

tion requirements of the permits or leases.

cost of the reclama-

--Some of the reports required to be submitted by the operators at

various stages of their operations on such matters as grading and

and abandoning of operations had not been rebackfilling,

planting,

ceived by the Department.

GAO recommended that the Secretary of the Interior

clarify

the requirements of the Department's regulations

by providing guidance as to (1) the

timing and scope of technical

examinations and the submission and approval

of exploration

and mining plans, (2) the required amount of performance

bonds, (3) the need for adequate documentation of the results of the activities conducted under the regulations,

and (4) the need for documented periodic reviews of the administration

of the regulations,

Department officials

stated that appropriate

actions would be taken

by BLM, BIA, and the Survey to develop procedures which would clarify

the

requirements of the regulations

and to require adequate documentation of the

results of the activities

conducted under the regulations.

Need to appraise adequacy of

application

fees for coal exploration

and mining permits and leases

The Department requires an applicant

to submit a $10 fee with each perThe fee was to

mit and lease application

for coal exploration

or mining.

Because personnel costs

recover the cost of processing the applications.

have nearly doubled since the amount of the fee was established

and because

the regulations

now require a more comprehensive evaluation

of the applicaGAO recommended that the Secretary of the

tion than previously

required,

Interior

appraise the adequacy of the $10 fee.

Department officials

agreed

to study the matter and indicated

that fees would be adjusted,

if warranted.

Need to develop procedures for

implementing the National

Environmental Policy Act of 1969

BT.Jl procedures for applying the provisions

of the National Environmental

Policy Act of 1969 to the exploration

or coal mining operations did not

comply with guidelines

of the Council on Environmental

Quality because they

did not outline the criteria

to determine when and under what circumstances

environmental

impact statements should be prepared.

Also, BIA had not developed procedures for the preparation

of impact statements.

Both agencies

stated that they would issue the necessary procedures, as recommended by

GAO, (~-148623, Aug. lo, 1972.1

74

DEPARTMENTOF THE INTERIOR

BUREAUOF LAND MANAGEMENT

AND

GEOLOGICALSURVEY

Improvements needed in administration

of Federal coal-leasing

program

'

In a review of the Department of the Interior's

program for leasing

Federal lands to be used for mining coal, GAO found that only limited mining of coal had been conducted on leased Federal lands, and most lessees

apparently had no immediate plans to begin mining operations.

The Department permitted this condition

to exist by issuing leases for indeterminate

periods with no requirement that coal be mined if the lessee made a minimum

royalty payment for 1 year in advance. GAO recommended that the Department

consider discontinuing

the issuance of leases that permit lessees to defer

or suspend mining operations without special justification.

GAO also found that the Government had not received equitable royalties

for coal produced on Federal lands because (1) royalties

were computed on

the basis of a fixed amount a ton which did not take into account variances in costs of extracting

coal and in coal selling

prices and (2) increases in royalty rates were not applied to outstanding

leases on a timely

basis, inasmuch as lease terms could be adjusted only at ZO-year intervals.

Although an improved method, which provides that royalties

be computed on a

percentage of the value of coal mined, was adopted in February 1971, it was

not to be applicable

to existing

leases until

their terms were adjusted at

the expiration

of the ZO-year lease periods.

GAO recommended that the Department study the desirability

of seeking a change in the law that would

permit the adjustment of royalty rates and other lease terms on a more

timely basis.

The Department advised

(B-169124, Mar. 29, 1972.)

GAO that

it

75

would consider

its

recommendations.

DEPARTMEXI OF THE INTERIOR

BUREAUOF MINES

Improvements needed in assessment and

collection

of penalties--Federal

Coal

Mine Health and Safety Act of 1969

In July 1972 GAO reported to the Chairman, Conservation and Natural

Resources Subcommittee, House Committee on Government Operations, on its

review of the Department of the Interior's

implementation

of the civil

penalty provisions

of the Federal Coal Mine Health and Safety Act of 1969.

Delays in assessing

penalties

GAO found, in sampling assessments, that (1) about 4 months elapsed

from citation

of a violation

by a mine inspector to assessment of a penalty

and ('2) about 10 weeks elapsed from the request for a hearing by a mine operator to the Bureau's referral

to the Department's Solicitor's

Office for

initiation

of the hearings process.

The Chief of the Assessment Office

stated that, although an initial

backlog of 39,000 violation

citations-created during the period following

a temporary order of the court restraining the assessment of penalties--was

eliminated

by June 1971, the time required for processing the initial

backlog resulted in a further backlog and

in time lapses in assessing penalties

throughout 1971.

The Chief stated further that, as of February 18, 1972, the backlog

was down to 5,800. According to the Chief,after

January 1972 penalties

were being assessed within 30 days of receipt of citations

of violations

by

the Assessment Office.

This 30-day period was not comparable to the

4-month average mentioned above because it did not include the time from

the citation

of a violation

to its receipt by the Assessment Office,

The Bureau's management control system was not adequate to readily

identify

the status of cases and to provide data needed to identify

and correct the causes of processing delays,

The Bureau was changing its system

at the time of GAO's review, and GAOrecommended that the Director,

Office

of Survey and Review, Department of the Interior,

be given responsibility

for determining whether the revised system, when installed,

is effective

in

meeting management's needs.

Delays in conducting

hearings

Significant

delays in referring

cases for hearings and in conducting

hearings on cases disputed by mine operators resulted in a backlog of 1,062

cases awaiting hearings at December 31, 1971. The Director of the Hearing

Office informed GAO in March 1972 that certain steps were being taken or

planned to expedite the processing of cases.

GAO recommended that the Director,

Office of Survey and Review, be given responsibility

for evaluating

the effectiveness

of the actions taken to speed the processing of the cases.

77

DEPARTMENTOF THE INTERIOR

BUREAUOF M-INES (continued)

Consideration

of factors

required

by law

Bureau officials

stated that the six statutory

factors which the act

requires to be considered in determining

the amounts of penalties

to be assessed were considered in making assessments.

GAO noted, however, that

(1) no written guidelines

had been established

to aid the assessors in considering the factors,

(2) there was no documentation of the consideration

given to each of the factors by the assessors, and (31 no such documentation was required,

GAO believes that the Bureau should (1) develop written

guidelines

defining the factors and the consideration

and weight that

should be given to each, (2) make the guidelines

available

to mine. operators so that they can better understand how penalties are assessed, and

(3) require assessors to document adequately the consideration

and wejght

they give to each factor in assessing a penalty.

Limited

collection

results

GAO reported also that 9 as of November 30, 1971, there were 1,785 assessment cases on which collection

action should have been taken.

As of

December 31, 1971, no collection

action had been taken on about 60 percent

of these cases and action taken on the remaining 40 percent had not been

timely,

The Chief of the Assessment Office stated that primary efforts

had

been, and would continue to be, directed toward assessment of penalties

because it was important to impress upon mine operators that violations

of

regulations

would result in penalty assessments.

GAO recommended that the

collection

of penalties

be given equal priority

with their assessment.

Staffing

of Assessment Office

By December 31, 1971, the Assessment Office had filled

only 4 of the

12 permanent assessor positions

authorized under fiscal

year 1972 appropriations

because of problems in attracting

qualified

personnel and manpower

limitations

imposed by the Office of Management and Budget.

Hn November

1971, the Assessment Office began developing plans ta decentralize

the assessment operation by establishing

four field offices,

which were expected

to assist in attracting

qualified

personnel.

(~-170686, July 5, 1972.)

7s

DEPARTMENTOF THE INTERIOR

BUREAUOF INDIAN AFFAIRS

Increased

on Indian

income could be earned

trust monies

At the joint request of the Chairman, Subcommittee on Indian Affairs,

Senate Committee on Interior

and Insular Affairs,

and Senator Mike Gravel,

the General Accounting Gffice (GAO) reviewed the procedures and policies

of

the Bureau of Indian Affairs

(BIA) for managing Indian trust monies.

GAO

found that additional

income could have been earned if surplus Tribal Trust

Funds under BIA's control and available

for investment had been invested at

yields comparable to those earned on investments of other Tribal Trust Funds.

BIA's area and agency office officials

were not able to invest funds

promptly as they became available,

because the monthly financial

reports

they received from the Division

of Financial

Management contained data up

Also, these officials

seldom used the information,

even

to 45 days old.

though it was untimely,

to determine whether funds were available

for investment and to advise Indian groups on possible investments.

GAO recommended that the Department of the Interior

require the Commissioner of Indian Affairs

to determine and implement the most effective

and

economical method of realizing

the maximum possible investment return on

Tribal Trust Funds. The Department concurred with this recommendation but

stated that existing

policies

and procedures provided such a method. GAG

believed,

however, that BIA's policies

and procedures did not provide the

needed assurance that all Tribal Trust Funds were invested to the maximum

extent possible.

(B-114868, April 28, 1972.)

Opportunity

to improve Indian

education

The major goal of BIA's education program is to close the education

gap between Indians and other Americans by raising

the academic achievement

level of Indian students up to the national

average by 1976. In April 1972,

GAG reported to the Congress that BIA had made relatively

little

progress

toward attaining

this goal.

BIA had not adequately communicated the goal

to its area offices and schools and had not developed a specific

plan for

identifying

and overcoming obstacles to, or for measuring progress toward,

its accomplishment.

Certain factors which adversely affected students'

abilities

to achieve

at the national average were not fully dealt with in the established

school

programs.

These factors included the need for (1) compensatory training

in

English communication skills,

(2) special education programs, (3) professional counseling services,

and (4) a sufficient

number of substitute

teachers.

Also, BIA did not have an effective

management information

system

which would provide education program officials

with data necessary for

identifying

educational

needs of Indian children,

designing programs and

activities

for accomplishing

educational

goals, allocating

resources to

these programs, and evaluating

the costs and benefits

in relation

to the

goals.

79

DEPARTMENTOF THE INTERIOR

BUREAUCrF INDIAN AFFAIRS (continued)

The Department of the Interior

stated that it was in general accord

with GAG's findings and that its conclusions and recommendations would constructively

support the Department's efforts

to improve the Indian education

program.

The Department outlined a number of steps to be implemented for

identifying

and assigning priorities

to deal with all critical

factors known

to impede accomplishment of the program goal.

Concerning GAO's recommendation for establishing

periodic milestones-such as the amount of improvement in the academic-achievement

level necessary at the end of each successive year to accomplish the established

goal-and for making periodic evaluations

of program results,

the Department

stated that these exercises were impractical

because the goal must be

tempered by the reality

of Indian self-determination,

the special nature of

the students served, and the availability

of funds.

GAO believes,

however, that, in the Indian education program, effective

management requires the development of an appropriate

strategy for meeting

established

goals and the periodic evaluation

of progress toward meeting

these goals.

(~-161468, April 27, 1972.)

Slow progress in eliminating

substandard Indian housing

The goal of the Indian housing program is to eliminate

substandard

housing on reservations

in the 1970's.

GAO reported to the Congress in

October 1971 that the program's progress had been slow and, unless it was

accelerated substantially,

thousands of Indian families

would continue to

live under severe hardship conditions.

The Department of the Interior

informed GAO that the programUs slow

progress was due, in part, to reluctance of some tribes to obtain Federal

housing assistance.

Also, BIA officials

cited delays in obtaining Federal

Other problems were inadequate

financing

as contributing

to slow progress.

identification

of Indian housing needs, and defective

design, incomplete

construction,

and inadequate maintenance of houses.

GAG reported

cause BIA

that housing needs had not been identified

adequately

be-

--had not established

guidelines

for determining whether existing

housing units were standard or substandard and, if substandard,

whether they needed to be renovated or replaced;

--had classified

newly constructed or renovated

although they lacked basic necessities;

--had not insured that inventories

were taken periodically;

and

houses as standard

of housing conditions

and needs

--had not considered family migration,

adjacent off-reservation

Indian

population,

housing deterioration,

and family size and income, in

determining and planning to meet long term needs.

80

DEPARTHENTOF THE INTERIOR

BUREAUOF INDIAN AFFAIRS (continued)

As a result of suggestions GAOmade during its review, BIA issued new

guidelines

providing

standards for general construction,

heating, plumbing,

wiring,

and living

space for use in inventorying

housing needs.

The Department was in general agreement with GAO's conclusions and

recommendations and informed GAO of various actions that had been taken or

planned to improve the program.

(~-114868, Oct. 12, 1971.)

81

DEPARTMENTOF THE INTERIOR

GEOLOGICALSURVEY

More specific

policies

and procedures

needed for determining

royalties

on

oil from leased Federal lands

The Geological Survey (Survey) is responsible

for supervising

oil production on leased Federal lands, maintaining

oil production accounts, and

collecting

oil royalties

on the oil which lessees sell or remove from Federal land.

At the option of the Government, royalties

may be paid in oil

or in cash.

If paid in cash, the amount of the royalty is based on the

value of the oil sold.

In February 1972 GAO reported to the Congress that Survey's regional

officials

had not evaluated adequately the reasonableness of many royalty

payments because of the lack of adequate definitive

criteria

for determining the value of ail sold or removed and its transportation

costs to the

nearest market.

In several cases, information

available

to Survey's regional personnel indicated

that the oil might have had a value greater than

that used to compute the royalties

due the Government.

In response to GAO's recommendation that Survey be required to establish more definitive

policies

and procedures, the Department stated that

Survey would review and revise.its

operating manual to insure proper computation of royalties

due the Government.

Survey also investigated

the specific

cases which GAO brought to its attention

and took corrective

action on these

cases.

(~-118678, Feb. 17, 1972.)

83

DEPARTMENTOF THE INTERIOR

OFFICE OF TERRITORIAL AFFAIRS

Opportunities

for improving effectiveness

of

activities

of Government Comptroller

for Guam

At the request of the Chairman, House Committee on Interior

and Insular

Affairs,

GAO reviewed the effectiveness

of the activities

of the Government

Comptroller

for Guam and the adequacy of support furnished to his office by

the Department of the Interior.

GAO's review

showed that:

--The manner in which the Comptroller

allocated

his audit resources

resulted in certain significant

activities

of the government of Guam

being given very little

attention.

--The Comptroller's

audit reports often did not contain enough information to permit an understanding

of the problems reported,

their

actions needed. These inadecauses, or the necessary corrective

quacies resulted mainly from the Comptroller's

not adhering to auditing standards established

by his office.

--Certain

of the basic support needed to maintain a professional

staff

in the Comptroller's

office was not being furnished by the DepartVacancies on the Comptroller's

staff were not

ment of the Interior.

being filled

on a timely basis.

--Members of the staff were not provided with employee benefits

comparable to those provided to employees of other Federal agencies on

or paying for housGuam: they received no assistance in obtaining

ing, the Department did not pay for the shipment of their privately

office

space had not been furowned automobiles to Guam, suitable

nished to the Comptroller

or his staff , and members of the Comptroller's staff did not have reemploymentrights

with the Department in

the continental

United States.

The Department informed GAO that it intended to take or had taken acto improve auditing and reporting

by the Comptroller

and to improve

The Department did not agree, however,

some of the other conditions

noted.

with GAO's recommendation that reemployment rights be provided and therefore took no action in this matter,

(B-146742, Feb. 2, 1972.)

tion

DEPARTMENT OF JUSTICE

Contents

BUREAU OF NARCOTICS AND DANGEROUS DRUGS

Need for improved

efforts

to prevent

dangerous

illicitly

reaching

the public

drugs

from

IMMIGRATION AND NATURALIZATION SERVICE

Opportunities

to reduce costs of returning

Mexico

aliens

LAW ENFORCEMENT ASSISTANCE ADMINISTRATION

Need for dissemination

of data on existing

information

systems to prevent

duplication

development

costs

criminal

justice

of design and

87

to

G?

DEPARTMENTOF JUSTICE

BUREAUOF NARCOTICS'AND DANGEROUSDRUGS

Need for improved efforts

to prevent dangerous

drugs from illicitly

reaching the public

In April 1972 the General Accounting Office (GAO) reported to the Congress on the manner in which the Bureau of Narcotics and Dangerous Drugs

(BNDD), Department of Justice,

was carrying out its responsibility

to curb

the flow of dangerous drugs (stimulants

and depressants) from legitimate

manufacturers to the illicit

market.

BNDD estimated that about 90 percent of

the dangerous drugs in the illicit

market were diverted from licensed

sources--manufacturers,

distributors,

doctors, and pharmacists--either

intentionally

or unintentionally,

into the hands of illicit

dealers.

that

GAO noted that BNDDwas making some progress in curbing

much more needed to be done. GAO reported that:

1. Opportunities

existed

garding drug diversion

for BNDDto improve its

by

--developing

a more complete

tion markings,

inventory

--developing

a procedure for identifying

seized by State and local enforcement

diversion,

information

but

system re-

of manufacturers'

identifica-

the manufacturers

groups,

of drugs

--developing

a more systematic method for obtaining

drug manufacturers and distributors

on suspected

chases,

information

from

illegal

drug pur-

--developing

a procedure for obtaining

services on possible drug diversion,

from the military

information

and

--defining

the types of statistical

information

and local agencies on dangerous drug thefts,

desired

seizures,

from State

and arrests.

2. BNDD needed to increase its activity

in monitoring

the drug industry's compliance with Federal regulations.

As a result of congressional action, BNDD developed plans to increase significantly

its

monitoring

activities.

GAO believed that BNDD's plans, if effectively

carried out, would provide added assurance that drug firms

were complying with Federal regulations.

3. BNDD needed to work with the drug industry to establish

selfregulation

guidelines

for members of the industry,

develop a means to

disseminate self-regulation

information

to all members, and establish

a procedure for gathering information

on self-regulation

measures

taken by them.

4. A need existed for increased monitoring

of licensed drug retailers!

activities.

BNDD was establishing

agreements with States to share

the monitoring

of these retailers

although some of the States involved

89

DEPARTMENTOF JUSTICE

BUREAUOF NARCOTICSAND DANGEROUSDRUGS(continued)

have limited

capabilities

to carry out the monitoring

activities.

began to evaluate systematically

the capabilities

of the States

effective

monitoring programs.

Also SNDD

tc

carrv

w!i

GAOmade several recommendations to BNDD for strengthening

its methods

to curb diversion.

The Department of Justice agreed that GAO's recommendations were valid and said that they would be implemented, to ,the greatL.s:

on a priority

basis.

extent possible,

With respect to suggesting that BNDD define the types of statisticcneeded from States and local agencies, the Department said that development

of a .uniform collection

program would require extensive time, effort,

and

resources and would hamper present operations.

The Department stated that

BNDD, the Federal Bureau of Investigation,

and the Law Enforcement Assistance Administration

were establishing

a task force to consider this matter.

(B-175425, April 17, 1972.)

90

DEPARTMENTOF JUSTICE

IMMIGRATION AND NATURALIZATION SERVICE

Opportunities

to reduce costs

aliens to Mexico

of returning

In an August 1971 report, GAO informed the Department of Justice that,

in GAO's opinion, the In-migration and Naturalization

Service (INS) could reduce the costs in its Southwest Region of transporting,

for return to Mexico,

aliens illegally

in the United States, by:

--Transporting

the aliens in INS-owned buses exclusively.

that it was much more expensive to transport

the aliens

planes than in INS-owned buses.

GAO showed

in INS-owned

--Requesting

aliens who are financially

able, to pay their own transporThe INS Southwest Region did

tation costs within the United States.

not request aliens who were financially

able, to pay the costs of their

transportation

from the point of apprehension to the Mexican border.

In contrast,

the INS Northeast, Northwest, and Southeast Regions did

request aliens to pay for their transportation.

In commenting on GAO's report, the Department of Justice said that INS

was rapidly extending the use of buses in substitution

for the more expensive

transportation

of aliens by plane.

Subsequent to the issuance of the report,

INS discontinued

the use of its three planes in transporting

aliens and began

using buses in their place.

Also, INS began requesting aliens to pay their

transportation

costs when being transported

on chartered buses within the

Southwest Region and stated that it planned to request aliens to pay their

transportation

costs when being transported

on INS-owned buses within that

region.

(B125051, Aug. 26, 1971.)

91

DEPARTMENTOF JUSTICE

LAW ENFORCEMENTASSISTANCE ADMINISTRATION

Need for dissemination

of data on existing

criminal

,justice information

systems

to prevent duplication

of design

and development costs

In March 1972 GAO reported to the Administrator

of the Law Enforcement

Assistance Administration

(LEAA), Department of Justice,

that there was a

need for controls to prevent duplicative

design and development of criminal

justice

information

systems by State and local criminal

justice

agencies.

Under provisions

of the Omnibus Crime Control and Safe Streets Act of

1968, LEAA awards grants for the development of criminal

justice

information

systems.

As of fiscal

year 1971, about $54 mill

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