A letter report issued by the Government Accountability Office with an abstract that begins "The Federal Motor Carrier Safety Administration (FMCSA), part of the Department of Transportation (DOT), has established a number of key controls designed to prevent commercial driver’s license (CDL) holders from operating commercial vehicles while impaired. First, drivers are required to undergo regular medical exams by a certified medical examiner. Second, employers are responsible for drug testing employees at various points of employment. Third, state and federal roadside-inspection programs are in place to identify impaired drivers and perform other safety checks. If these key controls are operating effectively, they will help identify commercial drivers who are not capable of driving safely. However, GAO’s prior work has found that these controls were vulnerable to abuse or manipulation. The Moving Ahead for Progress in the 21st Century Act, enacted in July 2012, will require additional measures to ensure that disqualified drivers do not operate commercial vehicles, and could help address some of these vulnerabilities. For example, the law requires DOT to implement a national clearinghouse of commercial-driver controlled-substance and alcohol test results by July 2014. DOT has also taken some actions, and now requires CDL holders to provide a …

A letter report issued by the Government Accountability Office with an abstract that begins "The Department of State's (State) Nonproliferation and Disarmament Fund (NDF) has several key authorities that provide it significant operational flexibility; however, it has not determined its needed carryover balances and it has taken years to close out many of its projects in the absence of guidance for closing them. Annual appropriations bills have consistently provided NDF with three key authorities that it has used to carry out its activities. First, NDF has the authority to undertake projects notwithstanding any other provision of law. NDF has used this authority to fund projects in countries, such as North Korea, where U.S. assistance is prohibited by U.S. sanctions and other legal restrictions. Second, NDF has the authority to undertake projects globally. NDF has used this authority to fund projects in numerous regions around the world, in contrast with other U.S. nonproliferation programs, which have historically focused on countries in the former Soviet Union. Third, NDF's appropriations do not expire within a particular time period, enabling NDF to carry over balances from year to year not designated for specific projects. However, NDF has not determined appropriate levels for these balances, …

A letter report issued by the Government Accountability Office with an abstract that begins "We found that:"

A letter report issued by the Government Accountability Office with an abstract that begins "GAO identified 39 battery and energy storage initiatives with a variety of key characteristics that were implemented across six agencies: the Departments of Energy (DOE) and Defense (DOD), the National Aeronautics and Space Administration (NASA), the National Science Foundation (NSF), the Environmental Protection Agency (EPA), and the National Institute of Standards and Technology (NIST). These initiatives obligated over $1.3 billion from fiscal years 2009 through 2012. Initiatives supported a variety of technologies, uses, advancement activities, and goals. Several types of recipients were eligible for funding, such as private industry, universities, and federal labs, through contracts, grants, and other mechanisms."

A letter report issued by the Government Accountability Office with an abstract that begins "Sixty-five solar-related initiatives with a variety of key characteristics were supported by six federal agencies. Over half of these 65 initiatives supported solar projects exclusively; the remaining initiatives supported solar and other renewable energy technologies. The 65 initiatives exhibited a variety of key characteristics, including multiple technology advancement activities ranging from basic research to commercialization by providing funding to various types of recipients including universities, industry, and federal laboratories and researchers, primarily through grants and contracts. Agency officials reported that they obligated about $2.6 billion for the solar projects in these initiatives in fiscal years 2010 and 2011, an amount higher than in previous years, in part, because of additional funding from the 2009 American Recovery and Reinvestment Act."

A letter report issued by the Government Accountability Office with an abstract that begins "According to studies, the United States provides less commercial space launch indemnification for third party losses than China, France, and Russia. These countries put no limit on the amount of government indemnification coverage, which in the United States is limited by the Commercial Space Launch Act Amendments of 1988 (CSLAA). Governments’ commitments to pay have never been tested because there has not been a third party claim that exceeded a private launch company’s insurance."

A letter report issued by the Government Accountability Office with an abstract that begins "Since 2005, the number of countries that acquired an unmanned aerial vehicle (UAV) system nearly doubled from about 40 to more than 75. In addition, countries of proliferation concern developed and fielded increasingly more sophisticated systems. Recent trends in new UAV capabilities, including armed and miniature UAVs, increased the number of military applications for this technology. A number of new civilian and commercial applications, such as law enforcement and environmental monitoring, are available for UAVs, but these applications are limited by regulatory restrictions on civilian airspace."

A letter report issued by the Government Accountability Office with an abstract that begins "On October 1, 2011, the Department of the Interior (Interior) officially established two new bureaus, separating offshore resource management oversight activities, such as reviewing oil and gas exploration and development plans, from safety and environmental oversight activities, such as reviewing drilling permits and inspecting drilling rigs. Because the responsibilities of these bureaus are closely interconnected and will depend on effective coordination, Interior developed memoranda and standard operating procedures to define roles and responsibilities and facilitate and formalize coordination."

Guidance issued by the Government Accountability Office with an abstract that begins "The U.S. Government Accountability Office is responsible for, among other things, assisting the Congress in its oversight of the federal government, including agencies’ stewardship of public funds. To use public funds effectively, the government must meet the demands of today’s changing world by employing effective management practices and processes, including the measurement of government program performance. In addition, legislators, government officials, and the public want to know whether government programs are achieving their goals and what their costs are."

A letter report issued by the Government Accountability Office with an abstract that begins "According to experts, agency officials, and specialists, much is known about the use of chemical dispersants on the surface of the water, but gaps remain in several research areas. For example, experts generally agreed that there is a basic understanding of the processes that influence where and how oil travels through the water, but that more research was needed to quantify the actual rate at which dispersants biodegrade. In addition, all the experts GAO spoke with said that little is known about the application and effects of dispersants applied subsurface, noting that specific environmental conditions, such as higher pressures, may influence dispersants’ effectiveness. Knowledge about the use and effectiveness of dispersants in the Arctic is also limited, with less research conducted on dispersant use there than in temperate or tropical climates. For example, one expert noted that more research is needed on biodegradation rates for oil in the Arctic because the cold temperature may slow the process down."

A letter report issued by the Government Accountability Office with an abstract that begins "Historically, the Securities and Exchange Commission’s (SEC) oversight of the Financial Industry Regulatory Authority’s (FINRA) programs and operations varied, with some programs and operations receiving regular oversight and others receiving limited or no oversight. Through its inspection process, SEC conducted routine and special inspections of various aspects of FINRA regulatory programs, including examinations, surveillance, and enforcement programs. SEC has also conducted routine inspections of FINRA’s advertising and arbitration programs but not as frequently as it had planned. SEC has also regularly reviewed FINRA proposed rule changes that are subject to SEC approval to determine consistency with the Securities Exchange Act of 1934 and related rules and regulations. However, neither SEC nor FINRA conducts retrospective reviews of FINRA’s rules. GAO and others have reported on the usefulness of retrospective reviews as they allow agencies to assess the effectiveness of their rules, and some federal financial regulators, including SEC, have begun pursuing plans to conduct retrospective reviews of their rules in light of a recent executive order that encourages independent regulatory agencies to do so. By not conducting these reviews, FINRA may be missing an opportunity to systematically …

Correspondence issued by the Government Accountability Office with an abstract that begins "Among the tribes that responded to our survey (109), none reported that they were exercising TLOA’s new sentencing authority, and, in open-ended responses, many tribes (86 of 90, or 96 percent) reported challenges to exercising this authority due to funding limitations. Tribes were relatively evenly split among those that reported that they have plans to exercise the new authority (36 of 101, or 36 percent); that they did not know the tribe’s plans to exercise the new authority (34 of 101, or 34 percent) because, for instance, the tribal council has not yet made a decision; and that they did not have plans to do so (31 of 101, or 31 percent). In addition, 64 percent of selected tribes (70 of 109) reported implementing at least half of the requirements necessary for exercising the new sentencing authority, but reported challenges in implementing other requirements. Specifically, these tribes most frequently reported implementing the requirement to maintain a record of the criminal proceeding, and least frequently reported providing the defendant a licensed defense attorney. For example, 8 tribes that described challenges to exercising the new sentencing authority reported challenges with …

A letter report issued by the Government Accountability Office with an abstract that begins "The Centers for Medicare and Medicaid Services (CMS), an agency within the Department of Health and Human Services (HHS), and the four states GAO reviewed are implementing processes to verify whether providers met the Medicare and Medicaid EHR programs’ requirements and, therefore, qualified to receive incentive payments in the first year of the EHR programs. To receive such payments, providers must meet both (1) eligibility requirements that specify the types of providers eligible to participate in the programs and (2) reporting requirements that specify the information providers must report to CMS or the states, including measures that demonstrate meaningful use of an EHR system and measures of clinical quality. For the Medicare EHR program, CMS has implemented prepayment processes to verify whether providers have met all of the eligibility requirements and one of the reporting requirements. Beginning in 2012, the agency also has plans to implement a risk-based audit strategy to verify on a postpayment basis that a sample of providers met the remaining reporting requirements. For the Medicaid EHR Program, the four states GAO reviewed have implemented primarily prepayment processes to verify whether providers met …

A letter report issued by the Government Accountability Office with an abstract that begins "The Department of Veterans Affairs (VA) has departmentwide policy and procedures for convening and conducting administrative investigation boards (AIB). The department’s procedures contain requirements for convening and conducting AIB investigations, but according to VA officials, they also provide the flexibility to tailor an investigation to effectively meet diverse informational needs. For example, the VA official convening an AIB investigation is required to select AIB members who are impartial and objective, but has flexibility to vary the number of members appointed to each AIB based on the matter being investigated. VA is currently updating its AIB policy and procedures, but officials said the department plans to maintain flexibility in its AIB process."

A letter report issued by the Government Accountability Office with an abstract that begins "Most lobbyists were able to provide documentation to demonstrate compliance with disclosure requirements. This finding is similar to GAO’s results from prior reviews. There are no specific requirements for lobbyists to create or maintain documentation related to disclosure reports they file under the Lobbying Disclosure Act of 1995 as amended (LDA). Nonetheless, and similar to last year’s results, for two key elements of the reports (income and expenses), GAO estimates that lobbyists could provide documentation to support approximately 93 percent of the disclosure reports for the third and fourth quarters of 2010 and the first and second quarters of 2011. According to documentation lobbyists provided for income and expenses, GAO estimates that the amounts disclosed were properly reported and supported for 63 percent of the quarterly lobbying disclosure (LD-2) reports. For lobbyists and lobbying firms listed on the LD-2 report, an estimated 86 percent filed year-end 2010 or midyear 2011 reports of federal political campaign contributions (LD-203) reports as required. For LD-203 political contributions reports, GAO estimates that a minimum of 4 percent of all LD-203 reports omitted one or more reportable political contributions that were …

A letter report issued by the Government Accountability Office with an abstract that begins "GAO’s analysis of the Office of Air and Marine (OAM) data found that OAM met 73 percent of the 38,662 air support requests and 88 percent of the 9,913 marine support requests received in fiscal year 2010. The level of support differed by location, customers, and type of mission. For example, in its northern region OAM met air support requests 77 percent of the time and in its southeast region, it met these requests 60 percent of the time. The main reasons for unmet air and marine support requests were maintenance and adverse weather, respectively. OAM has taken actions, such as developing an aircraft modernization plan and purchasing all-weather vessels, to address these issues."

Correspondence issued by the Government Accountability Office with an abstract that begins "The following is a list of the specific data elements that we requested DOD provide an updated status as of December 31, 2011, for each of the ERPs."

Correspondence issued by the Government Accountability Office with an abstract that begins "GPOs are subject to certain federal laws that HHS, DOJ, and FTC are responsible for enforcing. According to HHS Office of Inspector General (HHS-OIG) officials, since 2004, the office has not routinely exercised its authority to request and review disclosures related to GPOs’ contract administrative fees, but it has collected information on GPOs’ contract administrative fees while conducting audits of hospitals’ cost reports. While HHS-OIG is responsible for enforcing the Anti-Kickback statute, the law and regulation do not require routine monitoring of GPO written agreements and disclosures. HHS-OIG officials told us that even if they requested this information from GPOs, it would not necessarily be sufficient to determine whether a GPO violated the Anti-Kickback statute. Officials from HHS-OIG also told us that, since 2004, it participated in two case investigations with DOJ that involved allegations that certain GPOs did not comply with safe harbor requirements and violated the Anti-Kickback statute. Officials told us that HHS-OIG has not imposed administrative penalties on any GPOs since 2004. DOJ and FTC have investigated complaints related to federal antitrust laws, and we identified one lawsuit filed by DOJ against a GPO in …

A letter report issued by the Government Accountability Office with an abstract that begins "Certain financial incentive programs are permitted within the framework of federal fraud and abuse laws, but stakeholders GAO spoke with reported that the laws, regulations, and agency guidance have created challenges for program design and implementation. The Stark law and anti-kickback statute, which restrict financial relationships among providers, have statutory and regulatory exceptions and safe harbors, respectively, that permit financial incentive programs that meet specific criteria. However, there are no exceptions or safe harbors specifically for financial incentive programs intended to improve quality and efficiency, and legal experts reported that the constraints of existing exceptions and safe harbors make it difficult to design and implement a comprehensive program for all participating physicians and patient populations. The CMP law prohibits hospitals from paying physicians to reduce or limit services, and OIG has interpreted the law to apply to the reduction or limitation of any services, whether or not those services are medically necessary. The CMP law does not include statutory exceptions to this prohibition, and OIG does not have the authority to create exceptions through regulation. Through its advisory opinion process, OIG, however, has indicated that it …

Correspondence issued by the Government Accountability Office with an abstract that begins "GAO’s prior work on sexual assault in the military has resulted in 25 recommendations on various aspects of the Department of Defense’s (DOD) Sexual Assault Prevention and Response (SAPR) program. DOD concurred or partially concurred with all of GAO’s recommendations and has since begun or completed action on each of them. To date, GAO’s analysis shows that DOD has fully implemented 13 recommendations and has partially implemented the remaining 12 recommendations, which GAO will continue to monitor."

A letter report issued by the Government Accountability Office with an abstract that begins "FDA met most performance goals for priority and standard NDAs and BLAs received from FY 2000 through FY 2010. FDA meets its performance goals by completing its review and issuing an action letter—such as an approval or a response detailing deficiencies that are preventing the application from being approved—for a specified percentage of applications within a designated period of time. FDA designates NDAs and BLAs as either priority—if the product would provide significant therapeutic benefits when compared to available drugs—or standard. FDA met the performance goals for both priority and standard NDAs and BLAs for 10 of the 11 fiscal years GAO examined; FDA did not meet either of the goals for FY 2008. Although FDA had not yet issued an action letter for all of the applications it received in FY 2011 and results are therefore preliminary, FDA was meeting the goals for both priority and standard NDAs and BLAs on which it had taken action. Meanwhile, FDA review time for NDAs and BLAs—the time elapsed between FDA’s receipt of an application and issuance of an action letter—increased slightly from FY 2000 through FY 2010. …

Correspondence issued by the Government Accountability Office with an abstract that begins "VA estimates the amount of collections and reimbursements it expects to receive each year by using a projection model and other methods. These estimates have varied when compared with actual amounts for various reasons. VA used a projection model to estimate its collections for fiscal years 2005 through 2012 based on data reflecting the amount of health care—known as workload—VA has provided in the past and the amounts VA has collected in the past. To estimate its collections in fiscal year 2013, VA began using a second projection model, known as the Integrated Collections Forecasting Model (ICFM) to estimate collections. The ICFM relies on many of the same data sources as VA’s previous collections model, but it also incorporates forecasts related to future workload. For fiscal years 2005 through 2011, VA both overestimated and underestimated its collections. For example, for fiscal year 2011, VA overestimated the amount of its collections by about $582 million, or 17 percent. VA officials attribute this difference to several factors, such as overestimating the amount of collections VA would receive when it billed veterans’ third-party insurance plans. To estimate the amount of reimbursements …