This is the web site of the Office of Independent Counsel in the investigation and prosecutions involving matters relating to former Secretary of Agriculture, Alphonso Michael Espy. Donald C. Smaltz was appointed Independent Counsel by the Special Division of the United States Court of Appeals for the District of Columbia on September 9, 1994, to "investigate to the maximum extent authorized by [law]" whether Secretary Espy "committed a violation of any federal criminal law . . . relating in any way to the acceptance of gifts by him from organizations or individuals with business pending before the Department of Agriculture." He was also given jurisdiction to investigate "other allegations or evidence of violations of any federal criminal law by organizations or individuals developed during the course of the investigation of Secretary Espy and connected with or arising out of that investigation." The purpose of this web site is to give the public access to public information that defines and explains the investigation.

A weekly publication, the Texas Register serves as the journal of state agency rulemaking for Texas. Information published in the Texas Register includes proposed, adopted, withdrawn and emergency rule actions, notices of state agency review of agency rules, governor's appointments, attorney general opinions, and miscellaneous documents such as requests for proposals. After adoption, these rulemaking actions are codified into the Texas Administrative Code.

Document issued by the Office of the Attorney General of Texas in Austin, Texas, providing an interpretation of Texas law. It provides the opinion of the Texas Attorney General, John Cornyn, regarding a legal question submitted for clarification: Whether a school district trustee may serve as a volunteer teacher in the same district (RQ-0318-JC)

Testimony issued by the General Accounting Office with an abstract that begins "Gasoline prices in West Coast states are frequently among the highest in the nation and these states tend to see longer periods of high prices compared with other parts of the country, the West Coast gasoline market is characterized by a tight balance between supply and demand, and isolation from other U.S. gasoline markets. Both of these situations cause rapid price increases in reaction to supply disruptions. GAO's comparisons of gasoline prices in California, Oregon, and Washington found that individual markets in the three states are closely linked and are essentially part of a single market for gasoline on the West Coast. Gasoline prices for cities in these states generally followed similar patterns with respect to price increases and decreases. As a result, any event that a significantly changed prices in one state could affect gasoline prices in other West Coast states. Although California, Oregon, and Washington are essentially part of the same West Coast market, each state has attributes that tend to increase its respective gasoline prices. Moreover, within any given state, local market conditions may cause prices to vary considerably. GAO's analysis found that lifting the …

Testimony issued by the General Accounting Office with an abstract that begins "Concerns have been growing about the air quality, visibility, and respiratory illnesses around the Great Smoky Mountains National Park, which straddles the border between North Carolina and Tennessee. This testimony analyzes recent trends in and contributing factors to (1) visibility impairments, (2) ground-level ozone, and (3) respiratory illnesses. This testimony also examines the Tennessee Valley Authority's (TVA) plans to reduce its emission of regulated pollutants. Visibility impairments and ozone are largely attributable to the following three types of emissions: sulfur dioxide, nitrogen oxides, and volatile organic compounds. The counties that border the park generally have slightly higher mortality rates from two types of respiratory illness. The three types of emissions interact in the atmosphere to form ozone gas and sulfate particles, which are linked to respiratory illnesses. In response to federal laws and other factors, TVA is making substantial environment-related investments and expects to reduce its annual emissions of sulfur dioxide by 36 percent and its "ozone-season" emissions of nitrogen oxides by 68 percent between 1999 and 2005. This testimony summarizes a May report, (GAO-01-658)."

Testimony issued by the General Accounting Office with an abstract that begins "Management of Medicare has come under increasing scrutiny. The Health Care Financing Administration (HCFA) has had mixed success running the program. The agency has developed payment methods that have contained cost growth, and HCFA has paid fee-for-service claims quickly and at low administrative cost. However, HCFA has had difficulty ensuring that it paid claims appropriately. In addition, Medicare claims administration contractors have done a poor job of communicating with Medicare providers. HCFA has taken important steps to address some of these shortcomings, including strengthening payment safeguards, but several factors have hampered its efforts. Despite its growing responsibilities, HCFA suffers from staffing shortages. The agency also continues to rely on archaic computer systems. At the same time, HCFA has faltered in its attempts to adopt a results-based approach to agency management. Constraints on the agency's contracting authority have limited its use of full and open competition to select claims administration contractors and assign administrative tasks. Rising expectations among Medicare beneficiaries and providers are putting pressure on the Centers for Medicare and Medicaid Services to modernize and improve agency operations. Such improvements will require HCFA to begin a performance-based management …

Testimony issued by the General Accounting Office with an abstract that begins "Complete, accurate, and timely communication of program information is necessary to help Medicare providers comply with program requirements and appropriately bill for their services. Information provided to physicians about billing and payment policies is often incomplete, confusing, out of date, or even incorrect. GAO found that the rules governing Centers for Medicare and Medicaid Services (CMS) contracts with its claims processors lack incentives for efficient operations. Medicare contractors are chosen without full and open competition from among health insurance companies, rather from a broad universe of potential qualified entities, and CMS almost always uses cost-only contracts, which pay contractors for costs incurred but generally do not offer any type of performance incentives. To improve Medicare contractors' provider communications, CMS must develop a more centralized and coordinated approach consistent with the provisions of the Medicare Regulatory and Contracting Reform Act (MRCRA) of 2001. MRCRA would require that CMS (1) centrally coordinate contractors' provider education activities, (2) establish communications performance standards, (3) appoint a Medicare Provider Ombudsman, and (4) create a demonstration program to offer technical assistance to small providers. MRCRA would also broaden CMS authority so that various types …

Testimony issued by the General Accounting Office with an abstract that begins "Congress faces critical decisions about the future of the National Railroad Passenger Corporation (Amtrak) and intercity passenger rail. In GAO's view, the goal of a national system, much like Amtrak's current system, and the goal of operational self-sufficiency appear to be incompatible. In fact, Amtrak was created because other railroads were unable to profitably provide passenger service. In addition, Amtrak needs more capital funding than has been historically provided in order to operate a safe, reliable system that can attract and retain customers. Developing a high-speed rail system is also costly, requiring additional tens of billions of dollars. If intercity passenger rail is to have a future in the nation's transportation system, Congress needs realistic assessments of the expected public benefits and the resulting costs of these investments as compared with investments in other modes of transportation. Such analyses would provide sound bases for congressional action in defining the national goals that will be pursued, the extent that Amtrak and other intercity passenger rail systems can contribute to meeting these goals, and whether federal and state money would be available to sustain such systems over the long term."

Testimony issued by the General Accounting Office with an abstract that begins "The National Infrastructure Protection Center (NIPC) is an important element of the U.S.' strategy to protect the nation's infrastructures from hostile attacks, especially computer-based attacks. This testimony discusses the key findings of a GAO report on NIPC's progress in developing national capabilities for analyzing cyber threats and vulnerability data and issuing warnings, enhancing its capabilities for responding to cyber attacks, and establishing information-sharing relationships with governments and private-sector entities. GAO found that progress in developing the analysis, warning, and information-sharing capabilities has been mixed. NIPC began various critical infrastructure protection efforts that have laid the foundation for future governmentwide efforts. NIPC has also provided valuable support and coordination related to investigating and otherwise responding to attacks on computers. However, the analytical and information-sharing capabilities that are needed to protect the nation's critical infrastructures have not yet been achieved, and NIPC has developed only limited warning capabilities. An underlying contributor to the slow progress is that the NIPC's roles and responsibilities have not been fully defined and are not consistently interpreted by other entities involved in the government's broader critical infrastructure protection strategy. This report summarized an April report …

Testimony issued by the General Accounting Office with an abstract that begins "GAO discussed the Department of Housing and Urban Development's (HUD) fiscal year 2002 budget request. Because HUD's 2002 budget request was released only two weeks before this testimony, GAO could only offer a general discussion of the budget's policy policy implications and program trade-offs. GAO found that, in recent years, HUD has had significant unexpended balances, making it difficult for Congress to assess the Department's need for new appropriations. Without accurate and timely information on the nature, the amount, and the availability of HUD's unexpended balances, decision-makers cannot fully and fairly evaluate HUD's funding needs. HUD has begun several short-term efforts to identify, quantify, and recapture some unexpended balances and has, in fact, recaptured about $3 billion each year between fiscal years 1998 and 2000. In spite of these efforts, HUD has not yet integrated the processes needed to routinely and accurately account for unexpended balances into its ongoing financial, program, and budget management. As a result, HUD lacks the information it needs to (1) determine with certainty how much of the unexpended balances should be recaptured and (2) clearly factor these funds into its budget requests."

Testimony issued by the General Accounting Office with an abstract that begins "Although the short-term outlook of Medicare's hospital insurance trust fund improved in the last year, Medicare's long-term prospects have worsened. The Medicare Trustee's latest projections, released in March, use more realistic assumptions about health care spending in the years ahead. These latest projections call into question the program's long-term financial health. The Congressional Budget Office also increased its long-term estimates of Medicare spending. The slowdown in Medicare spending growth in recent years appears to have ended. In the first eight months of fiscal year 2001, Medicare spending was 7.5 percent higher than a year earlier. This testimony discusses several fundamental challenges to Medicare reform. Without meaningful entitlement reform, GAO's long-term budget simulations show that an aging population and rising health care spending will eventually drive the country back into deficit and debt. The addition of a prescription drug benefits would boost spending projections even further. Properly structured reform to promote competition among health plans could make Medicare beneficiaries more cost conscious. The continued importance of traditional Medicare underscores the need to base adjustments to provider payments on hard evidence rather than on anecdotal information. Similarly, reforms in the …

Testimony issued by the General Accounting Office with an abstract that begins "A safe and secure civil aviation system is critical to the nation's overall security, physical infrastructure, and economy. Billions of dollars and countless programs and policies have gone into developing such a system. Although many of the specific factors contributing to the terrible events of September 11 are still unclear, it is apparent that our aviation security system is plagued by serious weaknesses that can have devastating consequences. Last year, as part of an undercover investigation, GAO special agents used fake law enforcement badges and credentials to gain access to secure areas at two airports. They were also issued tickets and boarding passes, and could have carried weapons, explosives, or other dangerous items onto the aircraft. GAO tests of airport screeners also found major shortcomings in their ability to detect dangerous items hidden on passengers or in carry-on luggage. These weaknesses have raised questions about the need for alternative approaches. In assessing alternatives, five outcomes should be considered: improving screener performance, establishing accountability, ensuring cooperation among stakeholders, moving people efficiently, and minimizing legal and liability issues."

A letter report issued by the General Accounting Office with an abstract that begins "The Department of Veterans Affairs (VA) and the Department of Defense (DOD) have made important progress, particularly during the past year, in their efforts to jointly procure drugs to help control spiraling prescription drug costs. Although their collaborative efforts have been impressive, the two agencies have largely targeted generic drugs, which comprise less than 10 percent of their combined expenditures. More dramatic cost reductions could be achieved through procurements of high-cost brand-name drugs, although doing so can be more complex and time consuming to garner the necessary clinical support and provider acceptance on therapeutic interchangeability. Nonetheless, DOD's greatly expanded retiree drug benefit and the formularies being developed by both agencies should provide added joint procurement opportunities for such drugs. Also, VA and DOD have shown that flexible approaches to developing joint solicitations can take into account differences in their health systems while still maximizing drug discounts. In GAO's view, their joint activities could be further enhanced by periodically conferring with private managed care pharmacy experts and reporting to Congress on their joint procurement activities. Top management at DOD and VA need to stay focused on their …

A letter report issued by the General Accounting Office with an abstract that begins "The Internal Revenue Service (IRS) does various compliance checks to ensure the accuracy of information reported on taxpayers' returns. In recent years, the audit rate--the proportion of tax returns that IRS audits each year--has drawn attention because of a long-term decline in audit rates and the differences in audit rates for lower and higher income individuals. This report (1) describes the changes in audit rates for individual income tax returns overall and for categories, such as major sources (i.e., nonbusiness versus business) and levels of income for fiscal years 1996 through 2000; (2) discusses IRS' reasons and related data explaining the changes in audit rates; and (3) describes what is known about the effects of changes in the audit rates on tax compliance. In comparing fiscal years 1996 and 2000, GAO found that the overall tax audit rate of individuals declined about 70 percent. These rates declined regardless of the individual taxpayer's income level. IRS cited the following three reasons for the decline in audit rates for fiscal years 1996 to 2000: (1) the number of IRS auditors for individual returns declined by more than half …

A letter report issued by the General Accounting Office with an abstract that begins "This report discusses the Office of National Drug Control Policy's (ONDCP) advertising contract for Phase III of the National Youth Anti-Drug Media Campaign. The contractor for the advertising portion of the Phase III anti-drug media campaign did not properly charge the government for some of the labor costs incurred under the contract. Ogilvy & Mather's submission of time sheets claiming hours that some employees said they did not work on the anti-drug media campaign was clearly improper. Moreover, Ogilvy should not have been awarded a cost accounting standards (CAS)-covered cost-reimbursement government contract until the company had an adequate cost accounting system to support this type of contract. The government poorly managed aspects of the award and administration of the contract. The Department of Health and Human Services (HHS) should not have awarded this cost-reimbursement contract without determining whether the contractor had an adequate cost accounting system that met CAS standards. In addition, HHS should have reviewed the appropriateness of the large amount of money that the contracting officer's technical representative (COTR) recommended be disallowed from the contractor's invoices or arranged for an audit of the contract. …

A letter report issued by the General Accounting Office with an abstract that begins "The U.S. government is one of the world's largest property owners, with a real estate portfolio of more than 400,000 defense and civilian buildings and more than one-half billion acres of land. Each year, the federal government spends billions of dollars to maintain its buildings. Even so, the General Services Administration (GSA) contends that it needs $4 billion, over and above these expenditures, to maintain its existing inventory. This report identifies the potential benefits to the federal government of entering into public-private partnerships on real property--an arrangement in which the federal government contributes real property and a private entity contributes financial capital and borrowing ability to redevelop or renovate the real property. GAO found that public-private partnership authority could be an important management tool to address problems in deteriorating federal buildings, but further study of how the tool would actually work and its benefits compared to other options is needed. Potential net benefits to the federal government of entering into these public-private partnerships include better space, lower operating costs, and increased revenue without up-front federal capital expenditures if further analysis shows that they would not be …

A letter report issued by the General Accounting Office with an abstract that begins "Intellectual property--which includes federally granted patents, trademarks, and copyrights--is often owned or used by state governmental entities, such as public institutions of higher education. Until recently, state entities that made unauthorized use of, or "infringed," the intellectual property of others were subject to lawsuits in federal court. In 1999, however, the U.S. Supreme Court held that states were not subject to such suits, striking down a federal law that would have taken away a state's right to claim immunity under the Eleventh Amendment of the U.S. Constitution when sued in federal court for patent infringement. Some intellectual property owners are concerned that they no longer have adequate remedies if a state commits infringement. Although the precise number is difficult to determine, few accusations of intellectual property infringement appear to have been made against the states through either lawsuits or matters handled out of court. GAO identified 58 lawsuits that had been active since January 1985 in either a state or federal court in which a state was a defendant in an action involving the unauthorized use of intellectual property. Intellectual property owners appear to have few …

A letter report issued by the General Accounting Office with an abstract that begins "Unless the Department of Energy (DOE) revisits its disposal needs and its current option for disposing of wastes off-site, it could miss opportunities to reduce cleanup costs at the Fernald, Oak Ridge, and the Idaho National Engineering and Environmental Laboratory (INEEL) sites and at other sites, such as Paducah, that might propose the development of new on-site facilities. Building in a decision checkpoint before major investment decisions are finalized could identify instances in which the use of off-site disposal would be less expensive, or when the cost difference no longer outweighs the long-term risks associated with on-site disposal. Such validation of the cost comparison is especially important in instances in which DOE is aware that the scope or timeframe of the cleanup effort has changed dramatically. Remaining open to new proposals for off-site disposal would also inject an element of competition into this process. Thus, even if the validation did nothing more than confirm the original decision to dispose of the wastes on-site, it has the potential to ensure that costs are kept to a minimum."

A chapter report issued by the General Accounting Office with an abstract that begins "The Securities Investor Protection Act of 1970 created the Securities Investor Protection Corporation (SIPC) to help protect customers against losses from the failure of a securities firm. However, the large number of claims denied in several recent SIPC liquidation proceedings has raised concerns that some SIPC policies and practices may unduly limit the actual protection afforded customers. This report discusses (1) the basis for SIPC policies involving unauthorized trading and the extent that these policies are disclosed to investors; (2) the basis for SIPC policies involving the affiliates of SIPC member firms and the extent that these policies are disclosed to investors; (3) SEC oversight of SIPC; and (4) the disclosure rules for SIPC, the Federal Deposit Insurance Corporation, and state insurance guarantee associations, as well as the related implications for consumers as the financial services industry consolidates."

A letter report issued by the General Accounting Office with an abstract that begins "Despite efforts by the international community to reduce the spread of the human immunodeficiency virus, AIDS is now the fourth leading cause of death in the world and the primary cause of death in sub-Saharan Africa. The Joint United Nations Programme on HIV/AIDS (UNAIDS), funded in part by the United States, is one important international effort against the disease. UNAIDS was established by the United Nations (U.N.) in 1996 to provide coordinated U.N. action and to lead and promote an expanded global response to the worldwide epidemic. This report (1) assesses UNAIDS' progress, especially at the country level, toward increasing the coordination and commitment of the U.N. and global community; (2) assesses UNAIDS' progress in providing technical assistance and information and in developing a monitoring and evaluation plan to measure results; and (3) identifies factors that may have affected UNAIDS' progress. GAO found that UNAIDS has made progress in increasing U.N. coordination and enhancing the global response to the worldwide HIV/AIDS epidemic, but its country-level efforts need to be strengthened. UNAIDS has provided financial and technical support to about 50 HIV/AIDS technical networks worldwide, but has …

A letter report issued by the General Accounting Office with an abstract that begins "Capacity problems and other disruptions at the securities and options exchanges have caused processing delays within the U.S. securities markets in recent years. These exchanges and clearing organizations have also been concerned about unwarranted access by hackers and other unauthorized users. To address these issues, the securities and Exchange Commission (SEC) created its automation review policy program in 1989. The program calls for the exchanges and clearing organizations that act as self-regulatory organizations to voluntarily follow SEC guidance and submit to oversight of their information systems. The program includes two key policy statements that provide voluntary guidelines to these organizations, periodic on-site inspections by SEC staff, and independent reviews of systems by internal auditors or external organizations. In addition, self-regulatory organizations are expected to provide SEC with reports of system outages and notices of system modifications. This report reviews SEC's effectiveness in its oversight roles. GAO found that the program reasonably ensures that self-regulatory organizations address capacity, security, and other information systems issues. However, SEC could improve its program oversight by consolidating criteria used by program staff into a comprehensive guide. Overall, SEC's inspections addressed the …

A letter report issued by the General Accounting Office with an abstract that begins "This report reviews the Department of Defense's (DOD) fiscal year 2000 performance report required by the Government Performance and Results Act of 1993 and assesses the Department's progress in achieving selected outcomes that were identified as important mission areas for DOD. GAO found that shortfalls in DOD's current strategies and measures for several outcomes have led to difficulties in assessing performance in areas such as combat readiness, support infrastructure reduction, force structure needs, and the matching of resources to program spending plans. DOD's fiscal year 2002 performance plan, which has yet to be issued, provides DOD with the opportunity to address these shortfalls. On the basis of last year's analysis of DOD's fiscal year 1999 performance report and fiscal year 2001 performance plan, GAO recommended that the Department include more qualitative and quantitative goals and measures in its annual performance plan and report to gauge progress toward achieving mission outcomes. DOD has not as yet fully implemented this recommendation. GAO continues to believe that the Secretary of Defense should adopt this recommendation as it updates its strategic plan and prepares its next annual performance plan. By …

A letter report issued by the General Accounting Office with an abstract that begins "Current plans for identifying spectrum to support third generation mobile wireless systems by July 30, 2001, and to auction licenses by September 30, 2002, are premature. GAO agrees with the Federal Communications Commission (FCC) and the Department of Commerce that delaying the identification of spectrum and the auction of licenses for third generation wireless systems could serve the public interest. Adequate information is not currently available to fully identify and address the uncertainties and risks of reallocation. The Department of Defense (DOD) and the federal government could make decisions affecting national security without knowing the full extent of risks they face or steps available to reduce those risks. Extending the current schedule for the identification and auction of licenses for this portion of the spectrum would allow DOD to complete technical and operational assessments and to consider the nation's future spectrum requirements. In addition, a delay would allow time to further consider the adequacy of existing national spectrum strategies affecting international agreements and for DOD overseas military operations to modify these strategies as necessary and to incorporate them into the nation's long-range spectrum plan."

A chapter report issued by the General Accounting Office with an abstract that begins "GAO issued a report on the results of its management and operational review of the Department of Justice's (DOJ) Public Integrity Section (PI). Specifically, GAO reviewed: (1) PI's organization, staffing, workload, and results; (2) the policies and procedures in place to govern PI's case management practices and its compliance with those policies and procedures, and; (3) DOJ's management oversight of those practices. PI was staffed with 30 attorneys, including a chief and three deputies. Between 1995 and 2000, PI opened 1,013 matters for investigation and filed 163 cases for the court. The conviction rate was 94 percent for cases prosecuted during this time. DOJ's written policies and procedures outlined how PI should manage its caseloads. For the closed cases and matters GAO reviewed, PI generally complied with DOJ's procedures. However, GAO found that, in some cases, PI did not resolve issues in a timely manner. As a result, some matters remained opened for extended periods. DOJ also had policies and procedures in place to ensure that PI's case management practices were subject to management oversight. These oversight practices included documented reviews, daily interactions with attorneys, and …