Correspondence issued by the Government Accountability Office with an abstract that begins "This letter responds to congressional request that GAO address additional questions arising from the May 19, 2009, hearing on federal information security held by the Subcommittee on Government Management, Organization, and Procurement. In that hearing, we discussed the current state of information security throughout the federal government and agency efforts to comply with the requirements of the Federal Information Security Management Act of 2002 (FISMA). Congress had the following two questions: (1) Please comment on the need for improved cyber security relating to S.773, the proposed Cybersecurity Act of 2009; and (2) Please provide recommendations to improve the Federal Information Security Management Act."

Correspondence issued by the Government Accountability Office with an abstract that begins "The Highway Trust Fund (HTF) was created in 1956 to finance the construction of the Interstate Highway System. This system, built in partnership with state and local governments for over 50 years, has become central to transportation in the United States. Over these 50 years, the federal role in surface transportation has expanded to include broader goals and more programs. Although most surface transportation funds remain dedicated to highway infrastructure, federal surface transportation programs now serve additional transportation, environmental, and societal purposes such as construction of pedestrian walkways and safety enforcement facilities along border regions. The 2005 Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) authorized $244.1 billion over 5 years for highways, highway safety, and public transportation, with the HTF serving as the funding source for most of the act's programs. In addition to authorizing funds for construction and maintenance of highways and bridges, the act specifies other purposes for which funding must or may be used, including, but not limited to, safety; metropolitan planning; transit; and transportation enhancement activities, such as trails for transportation purposes, pedestrian walkways, bicycle lanes and parking, and …

Correspondence issued by the Government Accountability Office with an abstract that begins "The five largest insular areas of the United States--American Samoa, the Commonwealth of the Northern Mariana Islands (CNMI), Guam, Puerto Rico, and the U.S. Virgin Islands--receive federal funding through Medicaid and the State Children's Health Insurance Program (CHIP), joint federal-state programs that finance health care for certain low-income individuals. These programs are administered and funded differently in the insular areas when compared to the states. For example, while states must extend Medicaid eligibility to certain individuals whose incomes are at or below a percentage of the federal poverty level (FPL), the insular areas are not required to cover this population. In addition, under both Medicaid and CHIP, the federal government matches state or local government spending. However, federal law establishes the federal matching rate for expenditures by the insular areas at the lowest rate available to states, while matching rates for the states are determined each year based on a formula that takes into account variations in per capita income in each state. Furthermore, federal Medicaid spending in the insular areas is subject to an annual limit that does not apply to the states. Finally, while CHIP funding …

Correspondence issued by the Government Accountability Office with an abstract that begins "The Recovery Act established relatively few requirements for the design of the TIGER grant program. In addition to the requirements outlined in the opening paragraph of this report, the act requires that the department (1) award grants of no less than $20 million and no more than $300 million with no more than $300 million awarded for projects in any one state; (2) give priority to projects that are expected to be completed by February 17, 2012; (3) give priority to projects that require a contribution of federal funds in order to complete an overall financing package, although the federal share of the costs for which expenditure is made may be 100 percent; and (4) ensure a balance in addressing the needs of rural and urban communities and an equitable geographic distribution of funds. In its May 18 interim notice, the department created two tiers of selection criteria--primary and secondary. The primary selection criteria are (1) long-term outcomes (state of good repair, economic competitiveness, livability, sustainability, and safety) and (2) jobs creation and economic stimulus. The secondary criteria are innovation and partnership. Within each criterion, the department has …

Correspondence issued by the Government Accountability Office with an abstract that begins "Over the past 25 years, farmers have received a decreasing share of the consumer food dollar. Some analysts and farm interest groups are concerned that this decline can be attributed, in part, to increasing concentration in agriculture. They believe that firms in highly concentrated markets may be able to exert market power by raising retail food prices while also depressing prices farmers receive for agricultural commodities. Others have argued that concentration has facilitated changes, such as technological innovations, that have improved productivity and served to lower food prices while increasing some farm incomes. The influence of any one factor, such as concentration, in determining agricultural commodity and retail food prices (commodity and food prices) varies and is difficult to isolate. Our prior work has noted that concentration may be one of a number of factors that can influence prices along the food marketing chain from farms to food processors, retail stores, and finally, consumers. To better understand the impact of concentration on commodity and food prices, economists have used a variety of analytical techniques and data sets. However, their work has been complicated by various issues, such as …

Correspondence issued by the Government Accountability Office with an abstract that begins "On May 13, 2008, the President submitted to Congress a proposed Agreement Between the Government of the United States of America and the Government of the Russian Federation for Cooperation in the Field of Peaceful Uses of Nuclear Energy (henceforth referred to as the U.S.-Russia 123 agreement) in accordance with the review requirements established under Section 123 of the Atomic Energy Act of 1954 (AEA), as amended. The United States has agreements for peaceful nuclear cooperation governing nuclear exports to nearly 50 countries, Taiwan, and the International Atomic Energy Agency (IAEA). Such agreements provide the framework and authorization for civilian nuclear cooperation, but do not guarantee that cooperation will take place or that nuclear material or technology transfers will occur. The proposed agreement with Russia would, among other things, establish the legal basis for the Department of Energy (DOE) to work with Russia on large-scale development of nuclear energy. However, owing to Russia's status as a nuclear weapons state, the size of its nuclear complex, and past proliferation concerns, including weaknesses in the Russian export control system, an agreement for peaceful nuclear cooperation between the United States and …

Testimony issued by the Government Accountability Office with an abstract that begins "Reverse mortgages--a type of loan against the borrower's home that is available to seniors--are growing in popularity. These mortgages allow seniors to convert their home equity into flexible cash advances while living in their homes. However, concerns have emerged about the adequacy of consumer protections for this product. Most reverse mortgages are made under the Department of Housing and Urban Development's (HUD) Home Equity Conversion Mortgage (HECM) program. HUD insures the mortgages, which are made by private lenders, and oversees the agencies that provide mandatory counseling to prospective HECM borrowers. GAO was asked to examine issues and federal activities related to (1) misleading HECM marketing, (2) the sale of potentially unsuitable products in conjunction with HECMs, and (3) the oversight of HECM counseling providers. This testimony is based on a GAO report being released today (GAO-09-606)."

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, Greg Abbott, regarding a legal question submitted for clarification; Authority of a local taxing units or central appraisal districts to collect special assessments imposed in public improvement districts (RQ-0774-GA)

Correspondence issued by the Government Accountability Office with an abstract that begins "In 2005, Hurricane Katrina devastated the Gulf Coast, damaging critical infrastructure, such as oil platforms, pipelines, and refineries; water mains; electric power lines; and cellular phone towers. The infrastructure damage and resulting chaos disrupted government and business functions alike, producing cascading effects far beyond the physical location of the storm. Threats against critical infrastructure are not limited to natural disasters. For example, in 2005, suicide bombers struck London's public transportation system, disrupting the city's transportation and mobile telecommunications infrastructure. In March 2007, we reported that our nation's critical infrastructures and key resources (CIKR)--systems and assets, whether physical or virtual, so vital to the United States that their incapacity or destruction would have a debilitating impact on national security, national economic security, national public health or safety, or any combination of those matters--continue to be vulnerable to a wide variety of threats. According to DHS, because the private sector owns approximately 85 percent of the nation's CIKR--banking and financial institutions, telecommunications networks, and energy production and transmission facilities, among others--it is vital that the public and private sectors work together to protect these assets. The Homeland Security Act of …

Testimony issued by the Government Accountability Office with an abstract that begins "The Department of Homeland Security's (DHS) Domestic Nuclear Detection Office (DNDO) is responsible for addressing the threat of nuclear smuggling. Radiation detection portal monitors are key elements in the nation's defenses against such threats. DHS has sponsored testing to develop new monitors, known as advanced spectroscopic portal (ASP) monitors, to replace radiation detection equipment being used at ports of entry. DNDO expects that ASPs may offer improvements over current-generation portal monitors, particularly the potential to identify as well as detect radioactive material and thereby to reduce both the risk of missed threats and the rate of innocent alarms, which DNDO considers to be key limitations of radiation detection equipment currently used by Customs and Border Protection (CBP) at U.S. ports of entry. However, ASPs cost significantly more than current generation portal monitors. Due to concerns about ASPs' cost and performance, Congress has required that the Secretary of Homeland Security certify that ASPs provide a significant increase in operational effectiveness before obligating funds for full-scale ASP procurement. This testimony addresses (1) GAO findings on DNDO's latest round of ASP testing, and (2) lessons from ASP testing that can be …

Testimony issued by the Government Accountability Office with an abstract that begins "Recent cases of corporate fraud and mismanagement heighten the Department of Justice's (DOJ) need to appropriately punish and deter corporate crime. Recently, DOJ has made more use of deferred prosecution and non-prosecution agreements (DPAs and NPAs), in which prosecutors may require company reform, among other things, in exchange for deferring prosecution, and may also require companies to hire an independent monitor to oversee compliance. This testimony provides preliminary observations on (1) factors DOJ considers when deciding whether to enter into a DPA or NPA and setting the terms of the agreements, (2) methods DOJ uses to oversee companies' compliance, (3) processes by which monitors are selected, and (4) companies' perspectives regarding the costs and role of the monitor. It also includes the results of GAO's recently completed work on DOJ's efforts to document the monitor selection process (discussed in objective 3). GAO reviewed DOJ guidance and 57 of the 140 agreements negotiated from 1993 (when the first 2 were signed) through May 2009; and interviewed DOJ officials, officials from 17 companies, and 6 monitors. While not generalizable, these results provide insight into decisions about DPAs and NPAs."

Testimony issued by the Government Accountability Office with an abstract that begins "Federal laws and policy have assigned important roles and responsibilities to the Department of Homeland Security (DHS) and the National Institute of Standards and Technology (NIST) for securing computer networks and systems. DHS is charged with coordinating the protection of computer-reliant critical infrastructure--much of which is owned by the private sector--and securing its own computer systems, while NIST is responsible for developing standards and guidelines for implementing security controls over information and information systems. GAO was asked to describe cybersecurity efforts at DHS and NIST--including partnership activities with the private sector--and the use of cybersecurity performance metrics in the federal government. To do so, GAO relied on its reports on federal information security and federal efforts to fulfill national cybersecurity responsibilities."

Correspondence issued by the Government Accountability Office with an abstract that begins "The purpose of this letter is to respond to Congressional request for information regarding the test and evaluation process conducted by the Department of Defense (DOD) of a specific synthetic lubricant called MILITEC-1 that is produced by Militec, Inc., and the assignment and cancellation of national stock numbers2 (NSN) associated with that product. Militec, Inc., has challenged DOD decisions not to include MILITEC-1 in the federal supply system. Specifically, we examined (1) the extent to which the military services have tested and evaluated MILITEC-1 as a small arms lubricant, as a metal conditioner, as a general purpose lubricant, and as a lubricant additive, and with what results; and (2) the extent to which the Defense Logistics Agency (DLA) followed applicable DOD procedures in assigning and subsequently canceling national stock numbers to MILITEC-1. In addition, we are providing in enclosure I a timeline on the efforts to test and evaluate, and assign and cancel, NSNs for MILITEC-1. MILITEC-1 is a dry, impregnated, synthetic-based metal conditioner that, at the time of our review, has been primarily marketed as a small arms lubricant, although it is also marketed as an automotive …

Testimony issued by the Government Accountability Office with an abstract that begins "The Highway Account within the Highway Trust Fund (HTF) is the principal means for funding federal highway programs. Administered by the Federal Highway Administration (FHWA) within the Department of Transportation (DOT), it channels about $33 billion in highway user excise taxes annually to states for highway and related spending. Estimated outlays from the Highway Account under the Safe, Accountable, Flexible, Efficient Transportation Equity Act--A Legacy for Users (SAFETEA-LU) exceeded estimated receipts throughout the authorization period--fiscal years 2005 through 2009. Furthermore, actual account receipts were lower than had been estimated and the account balance dropped more rapidly than anticipated, approaching zero in August, 2008. Congress subsequently approved legislation in September 2008 to appropriate $8 billion from the General Fund of the Treasury to replenish the account. Agency officials anticipate the account will reach a critical stage again before the end of fiscal year 2009, and estimate that about $15 billion will be needed to ensure account solvency through the end of fiscal year 2010. This statement summarizes GAO's past work on 1) the collection and distribution process for the Highway Account of the HTF, 2) options for improving long-term …

A statement of record issued by the Government Accountability Office with an abstract that begins "DOD is in the process of implementing this human capital system, and according to DOD, about 212,000 civilian employees are currently under the system. On February 11, 2009, however, the House Armed Services Committee and its Subcommittee on Readiness asked DOD to halt conversions of any additional employees to NSPS until the administration and Congress could properly address the future of DOD's personnel management system. On March 16, 2009, DOD and the Office of Personnel Management (OPM) announced an upcoming review of NSPS policies, regulations, and practices. According to DOD, the department has delayed any further transitions of employees into NSPS until at least October 2009--pending the outcome of its review. Furthermore, on May 14, 2009, the Deputy Secretary of Defense asked the Defense Business Board to form what has become this task group to review NSPS to help the department determine, among others things, whether NSPS is operating in a fair, transparent, and effective manner. This statement focuses on the performance management aspect of NSPS specifically (1) the extent to which DOD has implemented internal safeguards to ensure the fairness, effectiveness, and credibility of …

Correspondence issued by the Government Accountability Office with an abstract that begins "The U.S. Coast Guard is currently undertaking a major effort to update its command structure, support systems, and business practices. This effort, referred to as the modernization program, is intended to better position the service to fulfill not only traditional missions--such as ensuring the safety and security of commercial shipping, safeguarding U.S. fisheries, interdicting the smuggling of illicit drugs, and conducting search and rescue operations--but also homeland security responsibilities that expanded after September 11, 2001 (9/11). The modernization program is specifically focused on modifying the Coast Guard's command and control structure--including the establishment of four new organizational entities--as well as updating mission support systems, such as maintenance, logistics, financial management, human resources, acquisitions, and information technology. The proposed changes will have a major impact on a variety of functions servicewide, including management of Deepwater--the long-term, multibillion-dollar program to upgrade the Coast Guard's aging fleet of water vessels and aircraft. The conceptual framework for the modernization program is reflected in 10 Commandant Intent Action Orders, which were issued by the Commandant of the Coast Guard in 2006. Subsequently, congressional direction accompanying the Coast Guard's fiscal year 2008 appropriations required …

Correspondence issued by the Government Accountability Office with an abstract that begins "The Federal Tort Claims Act (FTCA) was enacted in 1946 and permits individuals injured by the wrongful or negligent acts or omissions of federal employees, including medical malpractice, to seek and receive compensation from the federal government through an administrative process and, ultimately, through the federal courts. The FTCA, with few exceptions, provides the exclusive means by which individuals can seek compensation when injured by federal employees acting within the scope of their work for the federal government; in effect, the FTCA largely immunizes federal government employees from tort liability, including medical malpractice. In 1993, medical malpractice coverage under FTCA was first extended to grantees of the Department of Health and Human Services' (HHS) Health Resources and Services Administration's (HRSA) Health Center Program. The centers funded by this program, referred to in this report as Health Centers, are designed to increase access to primary care for medically underserved populations. While FTCA coverage is available to the approximately 1,100 Health Centers and their employees nationwide, it does not extend to health care providers who volunteer services at the 78 Health Centers currently using volunteers. The Health Care Safety Net …

Correspondence issued by the Government Accountability Office with an abstract that begins "In November 2008, we issued our report on the results of our audit of the Internal Revenue Service's (IRS) financial statements as of, and for the fiscal years ending, September 30, 2008, and 2007, and on the effectiveness of its internal controls as of September 30, 2008. We also reported our conclusions on IRS's compliance with significant provisions of selected laws and regulations and on whether IRS's financial management systems substantially comply with the requirements of the Federal Financial Management Improvement Act of 1996 (FFMIA). Additionally, in January 2009, we issued a report on information security issues identified during our fiscal year 2008 audit, along with associated recommendations. The purpose of this report is to discuss issues identified during our audit of IRS's financial statements as of, and for the fiscal year ending, September 30, 2008, regarding internal controls that could be improved for which we currently do not have a specific recommendation outstanding. Although not all of these issues were discussed in our report on the results of our fiscal year 2008 financial statement audit, they all warrant IRS management's attention."

Testimony issued by the Government Accountability Office with an abstract that begins "Millions of individuals receive prescription drugs through federal programs. The increasing cost of prescription drugs has put pressure to control drug spending on federal programs such as the Federal Employees Health Benefits Program (FEHBP), Medicare Part D, the Department of Veterans Affairs (VA), the Department of Defense (DOD), and Medicaid. Prescription drug spending within the FEHBP in particular, which provides health and drug coverage to about 8 million federal employees, retirees, and their dependents, has been a significant contributor to FEHBP cost and premium growth. The Office of Personnel Management (OPM), which administers the FEHBP, predicted that prescription drugs would continue to be a primary driver of program costs in 2009. GAO was asked to describe approaches used by the FEHBP to control prescription drug spending and summarize approaches used by other federal programs. This testimony is based on prior GAO work, including Prescription Drugs: Oversight of Drug Pricing in Federal Programs (GAO-07-481T) and Prescription Drugs: An Overview of Approaches to Negotiate Drug Prices Used by Other Countries and U.S. Private Payers and Federal Programs (GAO-07-358T) and selected updates from relevant literature on drug spending controls prepared by …

Testimony issued by the Government Accountability Office with an abstract that begins "This testimony discusses the implementation of high speed intercity passenger rail projects in the American Recovery and Reinvestment Act of 2009 (the Recovery Act). The $8 billion provided by the Recovery Act for high speed and other intercity passenger rail projects has focused more attention on and generated a great deal of anticipation about the possibility of developing high speed rail systems in the United States. These projects are seen by some as serving an important transportation role, by moving people quickly and safely, reducing highway and airport congestion, and being environmentally friendly. This testimony focuses on (1) the factors identified that affect the economic viability of high speed rail projects and (2) how the Federal Railroad Administration's (FRA) recent strategic plan incorporates those factors."

Correspondence issued by the Government Accountability Office with an abstract that begins "Since September 2001, the Department of Defense (DOD) has relied heavily on the reserve component primarily in support of ongoing contingency operations for the Global War on Terrorism, which is now known as the Overseas Contingency Operation. As of February 2009, approximately 691,000 reserve servicemembers have been activated in support of operations in Iraq and Afghanistan, with many of these servicemembers being called for multiple deployments or extended for more than one year. This increased use of the reserve component servicemembers has led to questions by Congress about whether reserve component servicemembers might be experiencing a decline in earnings as a result of extended and frequent activations. Citing the nation's increased reliance on the reserve component, Congress mandated in 2002 that we review compensation programs available to reserve component servicemembers serving on active duty. In September 2003, we reported that DOD lacked sufficient information to determine the need for compensation programs and recommended that DOD obtain more complete information on the magnitude of income change, the causes of any such identified change, and the effect of income change on retention. The results of DOD's 2004 Status of Forces …

Testimony issued by the Government Accountability Office with an abstract that begins "Since the 1980s, the V-22, developed to transport combat troops, supplies, and equipment for the U.S. Marine Corps and to support other services' operations, has experienced several fatal crashes, demonstrated various deficiencies, and faced virtual cancellation--much of which it has overcome. Although recently deployed in Iraq and regarded favorably, it has not performed the full range of missions anticipated, and how well it can do so is in question. Given concerns about the V-22 program, GAO recently reviewed and on May 11, 2009, reported on MV-22 operations in Iraq; strengths and deficiencies in terms of the capabilities expected of the V-22; and past, current, and future costs. In that report, GAO recommended that the Secretary of Defense require (1) a new alternatives analysis of the V-22 and (2) that the Marine Corps develop a prioritized strategy to improve system suitability, reduce operational costs, and align future budget requests. The Department of Defense (DOD) concurred with the second recommendation, but not the first. GAO believes both recommendations remain valid. This testimony highlights GAO's findings from that report. In speaking of the V-22, we are actually speaking of two variants …

Testimony issued by the Government Accountability Office with an abstract that begins "This testimony discusses U.S. efforts to combat illicit arms trafficking to Mexico, is based on a GAO report, GAO-09-709, that we are releasing today. In recent years, violence along the U.S.-Mexico border has escalated dramatically as the administration of President Felipe Calderon has sought to combat the growing power of Mexican drug trafficking organizations (DTO) and curb their ability to operate with impunity in certain areas of Mexico. As illicitly trafficked firearms have fueled the drug trafficking violence, Mexican officials have come to regard illicit firearms as the number one crime problem affecting the country's security. According to the Department of Justice's (DOJ) 2009 National Drug Threat Assessment, Mexican DTOs represent the greatest organized crime threat to the United States, controlling drug distribution in many U.S. cities, and gaining strength in markets they do not yet control. In particular, law enforcement reporting indicates Mexican DTOs maintain drug distribution networks or supply drugs to distributors in at least 230 U.S. cities. (3) challenges faced by U.S. agencies collaborating with Mexican authorities to combat the problem of illicit arms; and (4) the U.S. government's strategy for addressing the issue."

Testimony issued by the Government Accountability Office with an abstract that begins "This testimony provides GAO's perspective on the issues associated with textile transshipment. It is particularly important in the current economic environment that the United States does everything it can to ensure that U.S. laws regarding the entry of illegal goods are fully enforced at the U.S. borders. Effective monitoring of textile and apparel imports are also important because duties on textile and apparel products account for a significant share of U.S. duty collections. However, this enforcement takes place in the challenging and busy environment of U.S. ports of entry - - in fiscal year 2008, there were nearly 29 million trade entries processed at more than 300 ports of entry throughout the United States. This testimony will summarize key findings from our prior reports on (1) U.S. government efforts to enforce laws related to imports of textiles and other goods, including transshipment, and (2) the revenue implications of these efforts, as well as discuss the recommendations we made to improve those efforts. GAO's last report on the subject of textile transshipment was published in 2004 and there have been many changes in world trade and in customs enforcement …