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entitled 'U.S. Commission on Civil Rights: More Operational and 
Financial Oversight Needed' which was released on November 06, 2003.

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Report to the Chairman, Subcommittee on the Constitution, Committee on 
the Judiciary, House of Representatives:

United States General Accounting Office:

GAO:

October 2003:

U.S. Commission on Civil Rights:

More Operational and Financial Oversight Needed:

GAO-04-18:

GAO Highlights:

Highlights of GAO-04-18, a report to the Chairman, Subcommittee on the 
Constitution, Committee on the Judiciary, House of Representatives 

Why GAO Did This Study:

Over the past 10 years, GAO, the Congress, the Office of Personnel 
Management (OPM), and others have raised numerous concerns about the 
U.S. Commission on Civil Rights. GAO was asked to assess (1) the 
adequacy of the Commission’s project management procedures, (2) 
whether the Commission’s controls over contracting services and 
managing contracts are sufficient, and (3) the extent of recent 
oversight of the Commission’s financial activities.

What GAO Found:

The Commission has established a set of project management procedures 
for commissioners and staff to follow when they plan, implement, and 
report the results of approved Commission projects. However, the 
procedures lack, among other things, a requirement for systematic 
commissioner input throughout projects. As a result, commissioners 
lack the opportunity to review many of the reports and other products 
drafted by Commission staff before products are released to the 
public, which serves to significantly reduce the opportunity for 
commissioners to help shape a report’s findings, recommendations, and 
policy implications of civil rights issues.

The Commission lacks sufficient management control over its 
contracting procedures. The Commission routinely did not follow proper 
procedures for its fiscal year 2002 contracting activities. For the 
Commission’s largest dollar contract, key documentation on how the 
contract was initially awarded was missing from contract files. 
Moreover, Commission officials did not follow the legal requirements 
to obtain competition for its subsequent media services contracts. As 
a result, the Commission did not have all of the information it should 
have had to determine whether its contracts provided the best value to 
the government.

Little, if any, external oversight of the Commission’s financial 
activities has taken place in recent years. An independent accounting 
firm has not audited the Commission’s financial statements for the 
last 12 years. Although the Accountability of Tax Dollars Act of 2002 
requires the Commission—along with certain other executive agencies—to 
have its financial statements independently audited annually, the 
Commission has been granted a waiver by the Office of Management and 
Budget (OMB) from compliance with the financial statement preparation 
and audit requirements of the act for the fiscal years 2002 and 2003 
audit cycles, which OMB was authorized to waive during an initial 
transition period of up to 2 years.

What GAO Recommends:

GAO recommends, among other things, that the Commission adopt 
procedures that provide for increased commissioner involvement in 
projects; establish greater controls over its contracting activities 
in order to be in compliance with federal regulations; and take steps 
immediately to meet the financial statement preparation and audit 
requirements of the Accountability of Tax Dollars Act of 2002 for 
fiscal year 2004.

In commenting on a draft of this report, four of the commissioners 
agreed with GAO’s conclusions and recommendations. GAO did not receive 
comments from the remaining four commissioners. In separate comments, 
the staff director indicated he will consider implementing GAO’s 
recommendations but took exception with many of GAO’s findings of 
management weaknesses at the Commission. 

www.gao.gov/cgi-bin/getrpt?GAO-04-18.

To view the full product, including the scope and methodology, click 
on the link above. For more information, contact Robert E. Robertson 
at (202) 512-7215 or robertsonr@gao.gov.

[End of section]

Contents:

Letter:

Results in Brief:

Background:

Procedures Have Improved, but Lack Some Key Elements of Good Project 
Management:

Controls Over Commission's Contracting Procedures Are Insufficient:

No Independent Financial Audits Have Been Conducted in Recent Years:

Conclusions:

Recommendations:

Agency Comments and Our Evaluation:

Appendix I: Scope and Methodology:

Appendix II: Products Issued or Expected to Be Issued after Fiscal Year 
2002:

Appendix III: Comments from Four Commissioners:

Appendix IV: Comments from the Commission's Staff Director:

GAO Comments:

Appendix V: GAO Contacts and Staff Acknowledgments:

GAO Contacts:

Acknowledgments:

Tables:

Table 1: Number of Products Issued by OCRE, OGC, and OSD during Fiscal 
Year 2002, by Type of Product:

Table 2: OGC, OCRE, and OSD Projects and Products, Fiscal Year 2002:

Table 3: Number of Products Issued or Expected to Be Issued after 
Fiscal Year 2002 by OCRE and OGC from Projects That Were Ongoing during 
Fiscal Year 2002, by Type of Product:

Figure:

Figure 1: U.S. Commission on Civil Rights, Project Management Reporting 
Structure, Fiscal Year 2002:

Abbreviations:

ASCD: Administrative Services and Clearinghouse Division:  

FAR: Federal Acquisition Regulation:  

FPDC: Federal Procurement Data Center:  

GSA: General Services Administration: 

NFC: National Finance Center 

OCRE: Office of Civil Rights Evaluation: 

OGC: Office of General Counsel 

OMB: Office of Management and Budget: 

OSD: Office of the Staff Director: 

RFQ: Request for Quotation:

United States General Accounting Office:

Washington, DC 20548:

October 31, 2003:

The Honorable Steve Chabot: 
Chairman: 
Subcommittee on the Constitution: 
Committee on the Judiciary: 
House of Representatives:

Dear Mr. Chairman:

The U.S. Commission on Civil Rights was created as an independent, 
bipartisan, fact-finding agency to protect the civil rights of people 
in the United States. The Commission is authorized to undertake 
projects that study the impact of federal civil rights laws and 
policies and disseminate information on its findings through the 
issuance of reports to the Congress and the President. In our past 
work, we recommended to the Commission ways to improve how it managed 
its projects and issued reports.[Footnote 1]

You asked us to assess:

* the adequacy of the Commission's project management procedures,

* whether the Commission's controls over contracting services and 
managing contracts are sufficient, and:

* the extent of recent oversight of the Commission's financial 
activities.

To respond to your request, we reviewed Commission records, applicable 
legislation and regulations, and internal administrative guidance. We 
interviewed all current commissioners, the staff director, key 
Commission officials, and several former Commission officials. We also 
observed several Commission meetings. In addition, we reviewed all 
projects and all contracts that were active during fiscal year 
2002.[Footnote 2] Our review focused on projects undertaken by 
Commission offices located at headquarters and excluded those produced 
in field office locations.[Footnote 3] Our review also focused on 
whether the Commission maximized competition and followed established 
procedures in purchasing services. See appendix I for a more detailed 
overview of our scope and methodology. We performed our work in 
accordance with generally accepted government auditing standards 
between December 2002 and September 2003.

Results in Brief:

The Commission has established a set of project management procedures 
for commissioners and staff to follow when they plan, implement, and 
report the results of approved Commission projects. However, the 
procedures lack certain key elements of good project management that 
are reflected in federal internal control and budget preparation 
guidance. For example, commissioners have not generally received 
updates about certain project cost information. Commissioners, in 
practice, make many planning decisions with little or no discussion of 
project costs, which can eventually contribute to problems such as 
delayed products and lower-quality products if too many projects are 
undertaken. While some steps are being taken to increase the flow of 
cost information, it remains unclear whether this will meet Commission 
needs. Additionally, Commission procedures do not provide for 
systematic commissioner input throughout projects. As a result, 
commissioners often lack the opportunity to review many of the reports 
and other products drafted by Commission staff before products are 
released to the public, which serves to significantly reduce the 
opportunity for commissioners to help shape a report's findings, 
recommendations, and policy implications of civil rights issues.

The Commission lacks sufficient management control over its contracting 
procedures. The Commission routinely did not follow proper procedures 
for its fiscal year 2002 contracting activities. For the Commission's 
largest dollar contract--$156,000 for media services--which has been 
ongoing for over 3 years--key documentation on how the contract was 
initially awarded was missing from contract files. Moreover, Commission 
officials did not follow the legal requirements to obtain competition 
for subsequent media services contracts. As a result, the Commission 
did not have all of the information it should have had to determine 
whether its awards represented the most advantageous offer available to 
the government. In addition, the Commission has inadequate controls 
over the administration of its contracts. For example, information on 
specific tasks to be performed by vendors is communicated orally, not 
in writing as required by the Federal Acquisition Regulation (FAR). As 
a result, it is difficult for the Commission to track vendors' 
performance against an objective measure and ensure that public funds 
are used in an effective manner.

Little, if any, external oversight of the Commission's financial 
activities has taken place in recent years. An independent accounting 
firm has not audited the Commission's financial statements for the last 
12 years. Additionally, the Commission is not required by statute to 
have an Office of Inspector General, which can typically conduct 
regularly scheduled or periodic oversight of an agency's financial 
standing. Although the Accountability of Tax Dollars Act of 2002 
requires the Commission, along with other executive agencies not 
previously required to do so under another statute, to have its 
financial statements independently audited annually, the Commission has 
been granted a waiver by the Office of Management and Budget (OMB) from 
compliance with the financial statement preparation and audit 
requirements of the act for fiscal years 2002 and 2003. During the 
initial transition period for this new requirement, the act permits the 
OMB Director to waive these requirements for up to 2 years.

This report contains recommendations for improving the Commission's 
project management process and for providing greater transparency and 
control over its contracting and financial management activities. In 
commenting on a draft of this report, four of the commissioners agreed 
with our conclusions and recommendations. We did not receive comments 
from the remaining four commissioners, who include the chairperson and 
the vice-chair. In separate comments, the staff director pointed out 
that the Commission is committed to ensuring that its operations are 
well maintained and will consider implementing whatever recommendations 
and suggestions appear in the final report. However, the staff director 
believed that many of the findings were inaccurate and that aspects of 
the draft report contained errors, unsubstantiated allegations, and 
misinterpretations. After carefully reviewing his concerns, we continue 
to believe that our conclusions and recommendations are well founded. 
The staff director also provided technical comments and clarifications, 
which we incorporated in the report as appropriate. Both sets of 
comments and our detailed responses to the staff director's comments 
are provided in full in appendixes III and IV.

Background:

The Commission on Civil Rights is a fact-finding federal agency 
required to report on civil rights issues. Established by the Civil 
Rights Act of 1957, the Commission is currently directed by eight part-
time commissioners and employs approximately 70 staff members in fiscal 
year 2003. The Commission's annual appropriation has averaged 
approximately $9 million since fiscal year 1995. The eight 
commissioners have a number of responsibilities, including 
investigating claims of voting rights violations and studying and 
disseminating information, often collected during specific projects, on 
the impact of federal civil rights laws and policies. Commissioners 
serve 6-year terms, and they are appointed on a staggered basis. Four 
commissioners are appointed by the President, two by the president pro 
tempore of the Senate, and two by the speaker of the House of 
Representatives. No more than four commissioners can be of the same 
political party.

The Commission accomplishes its mission by (1) investigating charges of 
citizens being deprived of voting rights because of color, race, 
religion, sex, age, disability, or national origin; (2) collecting and 
studying information concerning legal developments on voting rights; 
(3) appraising federal laws and policies with respect to discrimination 
or denial of equal protection of the laws; (4) serving as a national 
clearinghouse for information; and (5) preparing public service 
announcements and advertising campaigns on civil rights issues. The 
Commission may hold hearings and, within specific guidelines, issue 
subpoenas to obtain certain records and have witnesses appear at 
hearings.

The Commission must submit at least one report annually to the 
President and the Congress that monitors federal civil rights 
enforcement in the United States, and such other reports as deemed 
appropriate by the Commission, the President, or the Congress.[Footnote 
4] For instance in 2002, the Commission issued a report that evaluated 
the civil rights activities of the Departments of Justice, Labor, and 
Transportation and another on election reform. The Commission is also 
authorized to investigate individual allegations of voting rights 
discrimination. However, because it lacks enforcement powers that would 
enable it to apply remedies in individual cases, the Commission refers 
specific complaints it receives to the appropriate federal, state, or 
local government agency for action.[Footnote 5] A staff director, who 
is appointed by the President with the concurrence of a majority of the 
commissioners, oversees the day-to-day operations of the Commission and 
manages the staff in its six regional offices and Washington, D.C., 
headquarters.

The Commission also has 51 State Advisory Committees--1 for each state 
and the District of Columbia. Each committee is composed of citizens 
familiar with local and state civil rights issues. The members serve 
without compensation and assist the Commission with its fact-finding, 
investigative, and information dissemination functions.

Concerns Raised in the Past:

In 1997, we reported that the management of the Commission's operations 
lacked control and coordination.[Footnote 6] Among other findings, we 
found that projects lacked sufficient documentation, project monitoring 
to detect budget delays or overruns was not systematic, and little 
coordination took place among offices within the Commission to approve 
and disseminate reports. Moreover, senior officials were unaware of how 
Commission funds were used and lacked control over key management 
functions, making the Commission's resources vulnerable to misuse. We 
reported that key records had been lost, misplaced, or were 
nonexistent, leaving insufficient data to accurately portray Commission 
operations. Centralized agency spending data resulted in Commission 
officials being unable to provide costs for individual offices or 
functions. We also found in 1997 that the Commission had never 
requested any audits of its operations, and information regarding 
Commission audits in its fiscal year 1996 report on internal controls 
was misleading.[Footnote 7] The Commission also had not updated 
administrative guidance to reflect a major reorganization that occurred 
in 1986. We recommended that the Commission develop and document its 
policies and procedures to assign responsibility for management 
functions to the staff director and other Commission officials and 
provide mechanisms for holding them accountable for proper management 
of Commission operations.

Federal Regulations Governing Contracting:

The FAR, established to codify uniform policies and procedures for 
acquisition by executive agencies, applies to acquisitions of supplies 
and services made by federal executive agencies--including the U.S. 
Commission on Civil Rights--with appropriated funds. The FAR contains 
procedures for awarding both competitive and sole-source contracts and 
selecting contracting officers.[Footnote 8]

Competition Using Simplified Acquisition Procedures:

The FAR calls for federal agencies to promote competition to the 
maximum extent practicable when making purchases using simplified 
acquisition procedures.[Footnote 9] In 1994, Congress authorized the 
use of simplified acquisition procedures for acquisitions not exceeding 
$100,000.[Footnote 10] Under those procedures, agency officials may, 
among other things, select contractors using expedited evaluation and 
selection procedures and are permitted to keep documentation to a 
minimum. In 1996, Congress authorized a test program that permits 
federal agencies to use simplified acquisition procedures for 
commercial items not exceeding $5 million.[Footnote 11] The authority 
to issue solicitations under this test program is set to expire on 
January 1, 2004.[Footnote 12]

Awarding a Sole-Source Contract under Simplified Acquisition 
Procedures:

When they award on a sole-source basis,[Footnote 13] contracting 
officers are required by regulations to prepare a written justification 
explaining the absence of competition. The regulations also generally 
require public notices of proposed sole-source awards. Further, 
contracting officers must determine that the price of a sole-source 
award is reasonable. This determination may be based on evidence such 
as (1) market research, (2) current price lists or catalogs, (3) a 
comparison with similar items in related industry, or (4) a comparison 
to an independent government cost estimate.

Using the Federal Supply Schedule:

Under the Federal Supply Schedule, the General Services Administration 
(GSA) awards contracts to several companies supplying comparable 
products and services. These contracts can then be used by any federal 
agency to purchase products and services. As a general rule, the 
Competition in Contracting Act of 1984 requires that orders under the 
Federal Supply Schedule result in the lowest overall cost alternative 
to meet the needs of the agency.[Footnote 14] The FAR and GSA 
procedures generally require agencies to compare schedule offerings of 
multiple vendors in arriving at an award decision.

Procedures Have Improved, but Lack Some Key Elements of Good Project 
Management:

The Commission has established a set of project management procedures 
for commissioners and staff to follow when they plan, implement, and 
report the results of approved Commission projects. However, the 
procedures lack certain key elements of good project management that 
are reflected in federal internal control and budget preparation 
guidance.[Footnote 15] For example, commissioners do not generally 
receive updates about certain project cost information. Commissioners, 
in practice, make many planning decisions with little or no discussion 
of project costs, which can eventually contribute to problems such as 
delayed products and lower-quality products if too many projects are 
undertaken. Additionally, Commission procedures do not provide for 
systematic commissioner input throughout projects. In practice, 
commissioners do not always have the opportunity to review many of the 
reports and other products drafted by Commission staff before products 
are released to the public, which serves to significantly reduce the 
opportunity for commissioners to help shape a report's findings, 
recommendations, and policy implications of civil rights issues.

Commission Has Updated Its Management Policies and Procedures to Better 
Manage Projects:

The Commission has made a number of improvements in project management 
since our 1997 review. For example, the Commission has revised and 
established policies that clarify the roles of the staff director and 
senior Commission staff such as the assistant staff director of the 
Office of Civil Rights Evaluation (OCRE) and the general counsel in the 
Office of the General Counsel (OGC), both of whom report directly to 
the staff director. These three key Commission officials are 
responsible for carrying out the policies established by the eight 
commissioners and for directly overseeing and managing virtually all 
headquarters projects that result in Commission products.[Footnote 16] 
See figure 1 for an abbreviated organization chart that shows the 
reporting relationship between commissioners, the staff director, and 
senior Commission staff.

Figure 1: U.S. Commission on Civil Rights, Project Management Reporting 
Structure, Fiscal Year 2002:

[See PDF for image]

[End of figure]

In addition to clarified roles of the staff director and senior 
Commission staff, the chief of the Budget and Finance Division now 
regularly provides the staff director with spending data by office and 
function. This detailed information enables the staff director to track 
the status of the Commission's expenditures by organizational component 
at headquarters and field offices.

Senior Commission staff and the project team leaders we interviewed 
were also using various project management procedures to meet target 
deadlines. For example, the assistant staff director, OCRE, and the 
deputy general counsel, OGC, were using a combination of techniques to 
ensure that project deadlines were met. These techniques included 
weekly meetings with staff, weekly or monthly reports from staff, and 
computer-generated schedules to monitor large, complex projects and 
smaller projects. Moreover, all project team leaders were routinely 
monitoring their assigned projects to ensure that projects stayed on 
schedule. Our review determined that the Commission's project 
management procedures allow commissioners, the staff director, senior 
Commission staff, and project team leaders to manage long-range 
projects that take a year or longer to complete as well as time-
critical projects that take several months or weeks to 
complete.[Footnote 17] The Commission chairperson, who was also 
chairperson in 1997, is of the opinion that Commission projects and 
products in fiscal year 2002 and later were generally timelier than 
those products discussed in our 1997 report and testimony.[Footnote 18]

Table 1 summarizes the number of Commission products issued during 
fiscal year 2002 by Commission office and by type of product.[Footnote 
19] Appendix I provides details about project names and product titles 
produced during fiscal year 2002 by those offices that generate 
headquarters Commission products that result from commissioner-
approved projects: the Office of Civil Rights Evaluation, the Office of 
General Counsel, and the Office of the Staff Director (OSD). In 
addition, some fiscal year 2002 projects will generate products in 
future years. Appendix II lists the number of products, by type of 
product, issued or expected to be issued after fiscal year 2002 from 
projects that were ongoing during fiscal year 2002.

Table 1: Number of Products Issued by OCRE, OGC, and OSD during Fiscal 
Year 2002, by Type of Product:

Type of product: Background paper; OCRE: 0; OGC: 1; OSD: 0; 
Total: 1.

Type of product: Briefing*; OCRE: 3; OGC: 4; OSD: 0; Total: 7.

Type of product: Briefing paper; OCRE: 3; OGC: 4; OSD: 0; Total: 
7.

Type of product: Clearinghouse publication*; OCRE: 1; OGC: 0; 
OSD: 0; Total: 1.

Type of product: Correspondence; OCRE: 2; OGC: 0; OSD: 0; 
Total: 2.

Type of product: Executive summary; OCRE: 0; OGC: 4; OSD: 
0; Total: 4.

Type of product: Hearing, consultation, and conference*; OCRE: 0; 
OGC: 2; OSD: 0; Total: 2.

Type of product: Miscellaneous*; OCRE: 1; OGC: 0; OSD: 1; Total: 
2.

Type of product: OCRE memorandum; OCRE: 1; OGC: 0; OSD: 0; 
Total: 1.

Type of product: OSD memorandum; OCRE: 1; OGC: 0; OSD: 0; 
Total: 1.

Type of product: Staff report*; OCRE: 1; OGC: 0; OSD: 0; 
Total: 1.

Type of product: State advisory committee report*; OCRE: 1; OGC: 
0; OSD: 0; Total: 1.

Type of product: Statutory and interim reports*; OCRE: 2; OGC: 0; 
OSD: 0; Total: 2.

Type of product: Total; OCRE: 16; OGC: 15; OSD: 1; Total: 32.

Source: U.S. Commission on Civil Rights.

Note: Product types marked with an asterisk appear in the Commission's 
Catalog of Publications, September 2003. We ascertained other product 
types based on the document title or from information supplied by 
Commission officials.

[End of table]

Procedures Do Not Ensure the Inclusion of Cost Information:

Commission procedures do not provide for commissioners and senior 
Commission staff to systematically receive project cost information--
primarily staff time charges--to help commissioners and senior staff 
plan and monitor projects. Commissioners continue to approve the 
majority of projects and products each year without having any specific 
information on how much the project will cost, or how much similar 
projects have cost in past years. Both federal government guidance and 
private sector project management specialists emphasize the importance 
of top-level reviews of actual performance. Feedback about actual 
project performance, including costs, is basic information essential 
for sound planning and allocation of scarce staff and other dollar 
resources. Without specific estimates of how much staff time will be 
spent and how much the project and its products will cost, Commission 
planning will continue to be conducted without key information. 
Commissioner approval of projects without key cost information may 
contribute to problems such as delayed products and lower-quality 
products if too many projects are undertaken for staff to carry out 
without additional resources.

The Commission has taken action to limit the number of major projects 
that it will approve during the Commission's annual long-range planning 
meeting at which commissioners decide which projects to undertake. 
However, commissioners continue to approve new projects throughout the 
year without any detailed feedback from the staff director about the 
amount of time that staff is already committed to spend to complete 
previously approved projects. Unless they periodically receive a 
comprehensive picture of how much current projects have cost to date 
and how much staff time has already been committed, commissioners will 
continue to make decisions about how many and which future projects to 
undertake, or which current projects and costs to adjust, without basic 
information necessary for sound project planning.[Footnote 20]

Without downplaying the value of cost information in project 
management, commissioners have been divided over how much project cost 
information they need. During our review, several commissioners 
expressed concern, both to us and publicly at monthly Commission 
meetings, that commissioners were not receiving sufficient information 
about project costs. However, several other commissioners said that 
they received a sufficient amount of information about the status of 
projects. In March 2003, the commissioners did not pass a motion--the 
vote was tied 4-4--for the staff director to provide them with, among 
other things, quarterly information about project costs that 
commissioners were not receiving at that time. However, the 
commissioners reached a compromise and passed a subsequent motion in 
April 2003 to receive that quarterly cost information. Specifically, 
the motion requires commissioners to receive information quarterly on 
cost by project and by office. A category of information that was in 
the original motion that was not included in the motion that passed 
includes projects' travel costs.

Good project management principles dictate that cost information be 
integrated in a timely manner into project management. As applied to 
the Commission, cost information may be most useful if it is provided 
on a monthly basis. During its monthly meetings, the commission 
discusses whether or not to undertake emerging civil rights issues. 
These decisions will be better informed if, for example, data on costs 
that are already being experienced--or expected on other projects--be 
included in the monthly discussions.

As of September 2003, commissioners had not begun to receive the agreed 
upon information. Once the commissioners begin to receive the cost 
information, it will be important to assess the extent that the 
information is meeting their collective needs and responsibilities.

Procedures Do Not Ensure Commissioner Input Once Projects Have Been 
Approved:

Although the Commission has guidance on project management procedures, 
we found that commissioners have limited involvement in the management 
of commission projects once they have been approved. This condition 
serves to significantly reduce the commissioners' ability to lend their 
expertise to the development of Commission products that address civil 
rights issues.

On a positive note, the Commission has a set of written instructions 
that outline the procedures that should be followed to manage its 
projects.[Footnote 21] The instructions describe the general steps that 
should be taken in the planning, implementation, and product 
preparation stages of projects undertaken by the commission. For 
example, the instructions address steps for planning projects at the 
front-end as well as legal review prior to the publication of reports.

Nevertheless, the general nature of the written project management 
guidance limits the involvement of commissioners in project management. 
Specifically, the guidance does not specify the role that commissioners 
play in the implementation and report preparation phases, nor does it 
discuss the timing that commissioners should be involved throughout the 
process. It is especially important to have clear guidance on 
commissioner involvement because commissioners serve on a part-time 
basis and are not headquartered in a central building. Clear guidance 
on the nature and timing of commissioner involvement can help 
commissioners prepare themselves to make substantive contributions to 
implement a project and sharpen its conclusions and policy 
recommendations. In addition, clear guidance can help commissioners 
balance their commission duties with other professional duties and 
travel commitments.

While the guidance addresses the role of commissioners in the last 
stage of the product preparation phase--final revision and approval 
prior to official release--this guidance only covers 2 of the 15 types 
of products produced by the Commission: statutory reports and 
clearinghouse reports.[Footnote 22] In fiscal year 2002, 3 of the 
Commission's 32 products were either a statutory or a clearinghouse 
report. Put another way, the guidance does not dictate that 
commissioners give final review and approval for 29 of the 32 products 
worked on in fiscal year 2002.[Footnote 23] The 13 product types not 
covered by the guidance include, for example, briefings, briefing 
papers, executive summaries, staff reports, and State Advisory 
Committee reports.[Footnote 24] However, these reports address civil 
rights issues and as such, they could benefit from review by 
commissioners, as appropriate, as they are being developed.

Further evidence pointing to a lack of commissioner involvement in 
project management is the very general nature of the monthly staff 
reports--the main management tool currently used to keep commissioners 
informed about the progress of projects. The monthly staff report is 
prepared by the staff director and sent to commissioners in preparation 
for the monthly Commission meetings. The report highlights the status 
of selected on-going projects (the report may contain a summary of any 
of the 15 product types). The staff director has the discretion to 
select the projects to include in the monthly report. We reviewed the 
11 monthly reports that the staff director sent to the commissioners 
during fiscal year 2002 in preparation for the monthly Commission 
meetings and found that information in those reports about the two-
volume statutory report (and other projects and reports) to be issued 
during the year was limited to general descriptions of project status. 
For example, regarding the Commission's statutory report, commissioners 
were informed via the staff director's monthly reports that "progress 
on the project has slowed" or "staff is working on an initial draft of 
the report" or "staff has nearly completed a draft of the report." 
These updates did not contain information about the project's costs or 
staff day usage to date, nor potential findings or conclusions. 
Likewise, during the 4-month period that the one clearinghouse project 
and report were being developed, only one monthly report even mentioned 
that project, and none of the four monthly staff reports made reference 
to the anticipated product or the anticipated date of report issuance.

During our review, several commissioners told us that they are often 
unaware of the status and the content of many of the written products 
that result from approved projects until they are published or released 
by the Commission to the public. Moreover, some commissioners expressed 
dissatisfaction with the level of detail on project status contained in 
the monthly report.

Some commissioners are increasingly concerned about their lack of 
opportunity to review reports and other products drafted by Commission 
staff before they are released to the public. These commissioners 
believe that a lack of periodic commissioner input and review 
undermines the opportunity for commissioners to help shape a report's 
findings, recommendations, and policy implications of civil rights 
issues. In June and July 2003, several commissioners expressed their 
displeasure publicly about this lack of involvement by voting against, 
or abstaining from, acceptance of Commission draft products, in part 
because the commissioners had not had the opportunity to provide input 
to those projects or products. Other commissioners voted to accept the 
draft reports without commenting on their opportunity, or lack thereof, 
to provide input.

Controls Over Commission's Contracting Procedures Are Insufficient:

The Commission on Civil Rights lacks sufficient management controls 
over its contracting procedures. In fiscal year 2002, the Commission 
did not follow proper procedures in awarding most of its 11 contracts. 
For example, the Commission's largest dollar contract--currently 
$156,000--is for media services and has been ongoing for over 3 years 
with the same vendor. According to Commission officials, key 
documentation on how the contract was initially awarded was missing 
from contract files. Moreover, Commission officials did not follow the 
legal requirements to obtain competition for subsequent media services 
contracts. As a result, the Commission did not have all of the 
information it should have had to determine if the contract pricing was 
fair and reasonable. The Commission also has inadequate controls over 
the administration of its contracts. For example, information on 
specific tasks to be performed by vendors is communicated orally, not 
in a performance based statement of work as required by regulation. As 
a result, it is difficult for the Commission to track vendors' 
performance against an objective measure and ensure that public funds 
are used in an effective manner.

Proper Procedures for Awarding Contracts Were Not Followed:

The Commission did not follow federal contracting regulations for any 
contracts initiated in fiscal year 2002 that were over $2,500.[Footnote 
25] All but 4 of its 11 contracts were at or over this amount. When a 
government agency purchases services, the contracting officer must 
follow certain procedures, though these procedures vary slightly 
depending on the contracting method. Using simplified acquisition 
procedures, the contracting officer may select contractors using 
expedited evaluation and selection procedures and is permitted to keep 
documentation to a minimum. The agency still must, for contracts over 
$2,500, seek competition to the maximum practical extent. If 
circumstances prevent competition, agencies may award "sole-source" 
contracts, but are required to justify them in writing.

A government agency may also issue orders against contracts that GSA 
awards to multiple companies supplying comparable products and services 
under its Federal Supply Schedule. The FAR and GSA procedures require 
agencies to consider comparable products and services of multiple 
vendors prior to issuing an order over $2,500.[Footnote 26] For service 
orders, the agency must send a request for quotes (RFQ) to at least 
three Federal Supply Schedule contractors based on an initial 
evaluation of catalogs and price lists. The agency must evaluate the 
quotes based on factors identified in the RFQ. GSA's ordering 
procedures also state that the office ordering the services is 
responsible for considering the level of effort and mix of labor 
proposed to perform specific tasks and for making a determination that 
the total price is fair and reasonable.

In fiscal year 2002, seven of the commission's contracts were for 
amounts over $2,500, and the Commission did not follow proper 
procedures for any of them. For example, in fiscal year 2002, the 
Commission ordered its media services from a contractor listed on the 
Federal Supply Schedule. Instead of requesting quotes from other 
Schedule vendors, as required by GSA's special ordering procedures, the 
Commission merely selected the same contractor to which it had made 
improper awards in previous years using simplified acquisition 
procedures.

A factor that likely caused the Commission to not follow proper 
contracting procedures is that the Commission does not have personnel 
who are sufficiently qualified to conduct several of the required 
actions. The Commission has only two officials authorized to enter into 
contracts: the Acting Chief of the Administrative Services and 
Clearinghouse Division and the staff director.[Footnote 27] However, 
both officials are operating with limited awareness of proper federal 
contracting procedures.

By not following proper procedures, the Commission did not obtain the 
benefits of competition and did not meet federal standards of 
conducting business fairly and openly. For example, by not competing 
its media services contract, and by using an incremental approach to 
obtaining media services, the Commission did not make clear the fact 
that it would have a recurring need for media services. Initially, in 
April 2000, the media services contract was offered with a 90-day/
$25,000 maximum. A series of 90-day, 60-day, and even 30-day contracts 
followed, none of which were competed. The Commission's relationship 
with this media services vendor has evolved into what is now an annual 
award with a maximum value of $156,000.[Footnote 28] The staff director 
could not document for us whether the agency competed its media 
services contract initially in 2000,[Footnote 29] and told us that it 
did not compete subsequent awards, including the last 2 years using the 
Schedule. In effect, the Commission denied itself the opportunity to 
choose from a potential pool of bidders because other vendors were 
likely unaware of the contract, the contract's potential value or both.

Contract Administration Lacks Sufficient Internal Control:

The Commission lacks sufficient internal control over the 
administration of its contracts. Examples of internal control 
activities[Footnote 30] include maintaining clear and prompt 
documentation on all transactions and other significant events; 
evaluating contractor performance; and segregating key duties and 
responsibilities among different people to reduce the risk of error or 
fraud. However, these elements of good organizational management are 
not evident in the Commission's administration of its contract 
activities. For example, the Commission has not met federal 
requirements to establish and maintain proper contract files and to 
report contract actions to the Federal Procurement Data Center (FPDC), 
just a few of the numerous contract administration functions listed in 
the FAR. As a result, the Commission is not promoting the transparency 
necessary to keep the Congress and others informed about the 
Commission's contracting activities.

Record-keeping and Reporting Standards Not Met:

According to federal regulations, an agency must establish and maintain 
for a period of 5 years a computer file containing unclassified records 
of all procurements exceeding $25,000.[Footnote 31] Agencies must be 
able to access certain information from the computer file for each 
contract, such as the reason why a non-competitive procurement 
procedure was used, or the number of offers received in response to a 
solicitation. Agencies must transmit this information to the FPDC, the 
government's central repository of statistical information on federal 
contracting that contains detailed information on contract actions over 
$25,000 and summary data on procurements of less than $25,000.[Footnote 
32]

The Commission has not followed federal regulations or established 
internal control standards with regard to reporting transactions. 
According to the Acting Chief of the Administrative Services and 
Clearinghouse Division, and to officials at the FPDC, the Commission 
has not met federal reporting requirements to the FPDC for at least the 
last 3 fiscal years. The Acting Chief said that a lack of resources is 
the reason for its noncompliance with this federal requirement. 
Moreover, the FPDC was unaware that the Commission, which historically 
had not entered into contracts over $25,000, now had contracts above 
that amount. FPDC officials told us that when they contacted the 
Commission, officials there told the FPDC that they were not able to 
submit the data because, for example, of problems with its firewalls. 
In addition, Commission officials did not accept FPDC's offer to come 
to FPDC's offices and key in the data.[Footnote 33]

Little If Any Performance Monitoring Being Done:

According to federal regulations, agency requirements for service 
contracts should be defined in a clear, concise performance-based 
statement of work that enables the agency to ensure a contractor's work 
against measurable performance standards.[Footnote 34] Despite these 
regulations and principles of good management, the Commission has not 
established a system to monitor contractors' performance, even for its 
contract that exceeds $100,000. The Commission has no records that 
document its decision-making on this contract. Lack of this basic, 
well-established management control makes the Commission vulnerable to 
resource losses due to waste or abuse.

Commissioner Participation in Contract Management Is Minimal:

An integral component of good organizational management is a strong 
communication network between key decision-makers. To that end, it is 
vital that information on key transactions be communicated among the 
staff director, the commissioners and other key decision-makers. In 
addition, internal control standards dictate that key duties and 
responsibilities be divided or segregated among different people to 
reduce the risk of error or fraud. This includes the separation of the 
responsibilities for authorizing, processing, recording, and reviewing 
transactions, and handling any related assets. No one individual should 
control all key aspects of a transaction or event.

Due to the nature of the Commission's operating environment, the staff 
director does not provide information on procurements to the 
commissioners. According to the chairperson of the Commission, 
contracting is one of the duties that the Commission has delegated to 
the staff director. In fact, at public Commission meetings, when 
commissioners raised questions concerning contracting activities and 
sought information on contract cost and vendor performance, the 
chairperson asserted that contracting is not an area with which 
commissioners should be concerned. Moreover, a recent motion for 
commissioners to, among other things, be provided with cost and status 
information on contracts and other items failed to pass. Commissioners 
reached a compromise and passed a subsequent motion; however, it did 
not include the provision to receive information on contracts. Although 
the commissioners are charged with setting the policy direction of the 
agency, the Chairperson told us that the decision to contract out for a 
service is not a policy decision. She told us that the decision for the 
Commission to receive a certain service is a policy decision, but 
whether or not to perform that function in-house or contract out for 
it, is not. Since the contracting function is delegated to the staff 
director, it is her position that the commissioners need not know any 
details, unless there is an allegation of fraud, waste, or abuse on the 
staff director's part. For the Commission's largest contract, however, 
only the staff director has knowledge of what is being done, why it is 
being done and how it is being done. The Acting Chief of the 
Administrative Services and Clearinghouse Division is not involved 
because of the dollar limit on her contracting authority. Without 
greater transparency, the current operating environment has no 
mechanism to elevate concerns about contractual impropriety to the 
Commission.

No Independent Financial Audits Have Been Conducted in Recent Years:

The Commission's fiscal activities have not been independently audited 
in at least 12 years. As noted in our 1997 report, the Commission is 
not required by statute to have an Inspector General, which could 
independently and objectively perform financial audits within the 
agency. In addition, for the fiscal year 2002 audit cycle, the 
Commission received a waiver from the federal requirement that its 
financial statements be independently audited.[Footnote 35] The 
Commission submitted a request to have the requirement waived for both 
the fiscal year 2003 and 2004 audit cycles, citing a stable budget and 
high costs incurred through the agency's conversion to a new accounting 
system. OMB granted the waiver for fiscal year 2003, but denied the 
request for the fiscal year 2004 cycle.[Footnote 36]

In addition to this lack of independent financial oversight, the 
Commission's current financial situation is not transparent within the 
agency. The majority of the agency's budget-related information is 
centralized, with only the staff director and the chief of the Budget 
and Finance Division having a detailed knowledge of the Commission's 
financial status. However, both the body of the commissioners, which 
heads the organization, and senior Commission officials, who are 
responsible for planning and carrying out Commission projects, only 
know what is reported to them by the staff director. On the basis of 
our interviews with commissioners and other Commission officials, we 
found that information on costs is limited. As a result of the 
centralized nature of the Commission's financial operations, financial 
oversight is structured in a way that precludes appropriate checks and 
balances.

Moreover, the Commission has in place a policy that discourages 
individual commissioners and their special assistants from making 
inquiries of any nature to Commission staff and to direct all inquiries 
to staff through the staff director.[Footnote 37] The policy dictates 
that commissioners not make direct contact with staff but work through 
the staff director to exchange information with staff and vice-versa. 
According to Commission documentation, this policy is meant to ensure 
that requests are carried out and to avoid confusion and difficult or 
embarrassing situations between staff and commissioners. One memo we 
saw even stated that violations of this policy could result in 
appropriate disciplinary action. Another stated that circumventing the 
staff director can only create confusion and disorder within the 
agency. According to some commissioners we spoke with, as well as 
senior Commission managers, this policy stifles communication and 
productivity within the agency and creates an environment of 
uneasiness.[Footnote 38] In addition, while some commissioners believe 
it is their fiscal duty to oversee the financial activities of the 
Commission and want complete financial information, others do not and 
cite their part-time status as the reason why they do not seek more 
information on financial activities. The commissioners who have the 
latter view believe that the fiscal responsibility of the agency lies 
with the staff director.

In the absence of independent financial oversight, what is known about 
the Commission's financial status suggests an austere financial 
picture. The staff director has characterized the Commission's 
financial condition in public meetings as "challenging." In fact, 
although the Commission's budget has remained at essentially the same 
level for about the last 10 years, it has incurred several new costs 
associated with operations. For example, the Commission recently 
converted its accounting and payment processing system from the 
National Finance Center (NFC) to the Department of Treasury's Bureau of 
the Public Debt at a cost to the Commission of almost 
$300,000.[Footnote 39] In addition, Commission officials cited an 
increase of more than $130,000 in rent for the Commission's 
headquarters and field offices over the past year. Moreover, the 
Commission's financial condition has affected its operations. For 
example, the Commission ordered a moratorium, citing funding 
limitations, on all previously authorized and new travel by the 
agency's regional staff or State Advisory Committee members between 
late March 2003 and the end of July 2003. In addition, the Commission's 
financial status has left it unable to reduce its high staff vacancy 
rate, which now stands at 20 percent.[Footnote 40]

Conclusions:

While the Commission has taken steps in recent years to improve its 
operations, it nevertheless continues to operate in a manner not fully 
consistent with sound management principles. These principles dictate 
that key decision makers receive timely information on project cost and 
have a vehicle throughout the project process to communicate their 
ideas and expertise. We recognize that commissioners should soon be 
receiving more information on project costs than had been previously 
received. While it remains to be decided whether the amount and timing 
of this information will meet the Commission's needs, the challenge now 
facing commissioners is to partner toward the strategic use of cost 
information. In addition, the current level of commissioner involvement 
in the reporting phase of Commission products does not ensure that 
products are reflecting the full and wide-ranging expertise of the 
commissioners and as such, the potential impact of Commission products 
can be limited. This outcome can undermine the important mission of the 
Commission--to help inform and guide the nation on civil rights issues:

The Commission's procurement of services is not being conducted in 
accordance with established internal control standards or federal 
regulations. We have long held that an agency's internal control 
activities are an integral part of its planning, implementing, 
reviewing, and accountability for stewardship of government resources 
and achieving effective results. Without the proper internal controls, 
there is little public assurance that funds are being spent in a proper 
and effective manner. As a result of the Commission's weak contract 
management operations, the Commission does not have all of the 
information it should have to determine that the contracts it is 
entering into are reasonable and offer the best value to the 
government.

Although the dollar amount involved in its contracting activities 
represents a small percentage of its overall appropriation, such 
expenditures are growing. But regardless of the amount spent on 
contracting, there is a need for the Commission to take steps now to 
ensure that current and future contract actions are performed in 
compliance with established regulations. If the Commission does not 
adhere to these regulations, then transparency cannot be established 
and no assurance can be given to the public that the Commission's 
activities are leading to the proper and efficient use of public funds.

The Commission has not had an independent audit of its financial 
statements in recent years. The requirement for the Commission to 
prepare and submit an audited financial statement, included in the 
Accountability of Tax Dollars Act of 2002, is an important step to 
strengthening its financial and performance reporting. However, these 
benefits have yet to be realized. Given the Commission's limited 
financial management controls and current budget situation, the lack of 
external oversightparticularly in terms of financial audits--may make 
the Commission vulnerable to resource losses due to waste, 
mismanagement or abuse. Although funding an independent audit could 
represent a significant new cost to the Commission, these audits are 
essential to the sound stewardship of federal funds. Our longstanding 
position has been that the preparation and audit of financial 
statements increase accountability and transparency and are important 
tools in the development of reliable, timely, and useful financial 
information for day-to-day management and oversight. Preparing audited 
financial statements also leads to improvements in internal control and 
financial management systems.

Recommendations:

To further the Commission's efforts to better plan and monitor project 
activities, we recommend that the Commission:

* monitor the adequacy and timeliness of project cost information that 
the staff director will soon be providing to commissioners and make the 
necessary adjustments, which could include providing information on a 
monthly rather than quarterly basis, as necessary; and:

* adopt procedures that provide for increased commissioner involvement 
in project implementation and report preparation. These procedures 
could include giving commissioners a periodic status report and interim 
review of the entire range of Commission draft products so that, where 
appropriate, commissioners may help fashion, refine, and provide input 
to products prior to their release to the public.

To ensure proper contracting activities at the Commission, we recommend 
that the Commission:

* establish greater controls over its contracting activities in order 
to be in compliance with the Federal Acquisition Regulation. These 
controls could include putting in place properly qualified personnel to 
oversee contracting activities, properly collecting and analyzing 
information about capabilities within the market to satisfy the 
Commission's needs, and properly administering activities undertaken by 
a contractor during the time from contract award to contract closeout.

While the Commission has received waivers from preparing and submitting 
audited financial statements for fiscal years 2002 and 2003, we 
recommend that the Commission:

* take steps immediately in order to meet the financial statement 
preparation and audit requirements of the Accountability of Tax Dollars 
Act of 2002 for fiscal year 2004. These steps toward audited fiscal 
year 2004 financial statements could include, for example, (1) 
identifying the skills and resources that the Commission needs to 
prepare its financial statements in accordance with generally accepted 
accounting principles and comparing these needs to the skills and 
resources that the Commission presently has available; (2) preparing 
such financial statements, or at least the balance sheet with related 
note disclosures, for fiscal year 2003; and (3) ensuring that evidence 
is available to support the information in those financial statements.

Agency Comments and Our Evaluation:

The U.S. Commission on Civil Rights provided us with two sets of 
comments on a draft of this report. We received comments from four 
commissioners and from the Commission's Office of the Staff Director. 
Commissioners Kirsanow, Redenbaugh, Thernstrom, and Braceras concurred 
with our conclusions and recommendations on the management practices at 
the Commission. Their comments are reproduced in their entirety in 
appendix III. We did not receive comments from the remaining four 
commissioners, who include both the chairperson and the vice-chair of 
the Commission.

In comments from the Office of the Staff Director, the staff director 
pointed out that the Commission is committed to ensuring that its 
operations are well maintained and will consider implementing whatever 
recommendations and suggestions that appear in the final report. 
However, the staff director believed that many of the findings were 
inaccurate and that aspects of the draft report contained errors, 
unsubstantiated allegations, and misinterpretations. For example, the 
staff director disagreed with our finding that the Commission lacks 
sufficient management controls over its contracting procedures and 
concluded the Commission's overall fundamental contract practices are 
sound. Similarly, he disagreed with our findings concerning weaknesses 
in project and financial oversight. After carefully reviewing his 
concerns, we continue to believe that our conclusions and 
recommendations are well founded. The staff director's detailed 
comments and our responses to them are contained in appendix IV. 
Finally, the staff director also provided a number of technical 
comments and clarifications, which we incorporated, as appropriate.

As arranged with your office, unless you announce its contents earlier, 
we plan no further distribution of this report until 30 days after its 
issue date. At that time, we will provide copies of this report to 
interested congressional committees. We are also sending copies to the 
commissioners and the staff director, U.S. Commission on Civil Rights. 
We will also make copies available to others upon request. In addition, 
the report will be available at no charge on GAO's Web site at http://
www.gao.gov.

Please contact me on (202) 512-7215 or Brett Fallavollita on (202) 512-
8507 if you or your staff have any questions about this report. Other 
contact and staff acknowledgments are listed in appendix V.

Sincerely yours,

Robert E. Robertson, 
Director, Education, Workforce, and Income Security Issues:

Signed by Robert E. Robertson: 

[End of section]

Appendix I: Scope and Methodology:

During our review of the U.S. Commission on Civil Rights' activities, 
we focused on the management of individual projects, as we had done 
during our 1997 review and examined them in the context of broader 
management issues at the Commission. For example, to analyze the 
Commission's expenditures on projects since 1997 in the context of both 
the project spending discussed in our 1997 report as well as in 
comparison with the Commission's most recent budget request, we 
reviewed the Commission's annual Request for Appropriation for fiscal 
years 1999 through 2004, which provided data on how the Commission 
actually spent its appropriations for fiscal years 1997 through 2002. 
We noted that the Commission's fiscal year 2004 Request for 
Appropriation requests a significant increase in funding, from $9 
million in fiscal year 2002 to $15 million in fiscal year 2004. 
Consequently, we not only focused on how well the Commission currently 
manages its projects, but also considered the implications of 
potentially significant increases in project and product spending and 
the human resources need to properly manage such increases.

We used a combination of Office of Management and Budget (OMB), private 
sector, and our own guidance as criteria to identify key elements of 
good project management. These criteria included U.S. General 
Accounting Office, Standards for Internal Control in the Federal 
Government, GAO/AIMD-00-21.3.1 (Washington, D.C.: Nov. 1999); 
Preparation and Submission of Budget Estimates (2002) (OMB Circular No. 
A-11, Part 2); Project Management Scalable Methodology Guide (" 1997, 
James R. Chapman); A Guide to the Project Management Body of Knowledge 
(PMBOK‚ Guide)--2000 Edition (The Project Management Institute, Sept. 
2003); and Project Management--Conventional Project Management 
(Northern Institute of Technology, Hamburg, Mar. 2002). Our standards 
for internal control list top-level review of actual performance (e.g., 
commissioner review of actual project cost) as a key control activity. 
OMB Circular No. A-11 emphasizes the importance of managing financial 
assets.

To supplement the general guidance on good project management 
principles described in OMB's and our guidance to agencies, we 
identified several private sector principles, practices, and techniques 
for good project management at the individual project level. For 
example, the Project Management Scalable Methodology Guide (" 1997, 
James R. Chapman) and the Project Management Institute's A Guide to the 
Project Management Body of Knowledge (PMBOK‚ Guide)--2000 Edition 
identify project management principles for small, straightforward 
projects as well as a best practices approach for large, complex 
projects. According to these principles, regardless of project size or 
degree of risk, sound project cost management calls for comparisons 
between project plans and actual project performance--even for projects 
with minor levels of investment and low risk.

We reviewed the most recent complete fiscal year's project activities 
at the time of our review (fiscal year 2002) and identified 22 projects 
and 43 products (briefings, executive summaries, internal memorandums, 
reports, etc.) that resulted from those projects. Of the 43 total 
products that resulted from these projects as of July 2003, we included 
in our review the 32 issued during fiscal year 2002. We excluded 3 
products issued during fiscal year 2001 and 8 products issued or 
expected to be issued during fiscal years 2003 or 2004.

Table 2 provides details about project names and product titles 
produced during fiscal year 2002 by those offices that generate 
headquarters Commission products that result from commissioner-
approved projects: the Office of Civil Rights Evaluation (OCRE), the 
Office of General Counsel (OGC), and the Office of the Staff Director 
(OSD). The OSD product resulted from a project initiated by the staff 
director rather than from the commissioners. Table 2 also includes a 
State Advisory Committee report from Alaska because OCRE staff assisted 
in preparing the report. The table excludes an Arizona State Advisory 
Committee briefing and State Advisory Committee reports from Iowa and 
Pennsylvania in 2002 because OCRE staff were not involved in preparing 
the briefing or those reports. Some fiscal year 2002 projects will 
generate products in future years. (See app. II.):

Table 2: OGC, OCRE, and OSD Projects and Products, Fiscal Year 2002:

[See PDF for image]

Source: Commission staff.

[A] This list of OGC products does not reflect that OGC also produces 
internal briefing books for the commissioners in connection with 
hearings and briefings. OGC briefing books include a briefing or 
background paper; briefing or hearing agenda; witness lists with 
biographical information; copies of reports or studies conducted by 
each witness that are relevant to the issues presented; an explanation 
of the purpose and scope of the witness panels; relevant federal and 
state statutes; and other information deemed necessary for 
understanding the subject matter being presented during the hearing or 
briefing. Briefing books are prepared for commissioner use only, may 
contain privileged material, and are not made available to the public.

[B] The Commission originally approved a project titled Native American 
Access to Justice for fiscal year 2001. The project was postponed until 
fiscal year 2002 due to emerging issues and other project work. During 
fiscal year 2002, the project was again postponed due to the 
Environmental Justice and the Education Accountability projects being 
given higher priority and for additional commissioner guidance to staff 
about the nature and scope of further Native American project work. The 
Commission terminated the access to justice project in November 2002, 
and in January 2003 changed the focus of the Native American project 
from administration of justice to health care. According to the staff 
director, there were no costs associated with either the access to 
justice project or the health care project during fiscal year 2002.

[C] According to the staff director, the work performed for the Racial 
Privacy Act briefing and summary was charged under a general legal code 
and, therefore, there were no specific cost data for this activity. The 
OGC deputy general counsel told us that the practice of using a general 
legal code sometimes occurs when staff perform general or miscellaneous 
legal work of short duration that needs to be completed within brief 
time frames. The deputy explained that legal work associated with most 
projects approved by the Commission is charged to the specific 
individual code established for each project assigned to the General 
Counsel' s office.

[D] According to the staff director, the costs associated with OCRE's 
work on the Alaska State Advisory Committee Report were not tracked by 
office but were captured to include all State Advisory Committee 
expenses associated with this project. However, the staff director did 
not provide us with a total cost figure for this project or with the 
proportion of total costs that were spent by headquarters staff and by 
the region. If the Commission's project cost accounting system is to be 
considered accurate and complete, it should be able to account for the 
total costs associated with this type of field-headquarters 
collaborative effort product.

[E] According to the staff director, in fiscal year 2002 the Funding 
Civil Rights Enforcement project was tracked by OCRE as a monitoring 
activity, and a separate code for that project has been established 
since that time.

[F] THE COMMISSION APPROVED AN OCRE NATIVE AMERICAN PROJECT IN DECEMBER 
2001. OCRE BEGAN WORK ON THIS PROJECT IN SEPTEMBER 2002.

[G] The project team leader told us that his time associated with the 
OSD's work on the anniversary update project was not charged to a 
separate code established for that report, but rather was charged to a 
general code that includes many similar types of relatively short-term 
efforts. This project was initiated by the staff director rather than 
by the commissioners.

[H] Excludes costs for those projects and products described in notes b 
through g.

[End of table]

[End of section]

Appendix II: Products Issued or Expected to Be Issued after Fiscal Year 
2002:

This appendix lists the number of products, by type of product, issued 
or expected to be issued after fiscal year 2002 from projects that were 
ongoing during fiscal year 2002. (See app. I.):

Table 3: Number of Products Issued or Expected to Be Issued after 
Fiscal Year 2002 by OCRE and OGC from Projects That Were Ongoing during 
Fiscal Year 2002, by Type of Product:

Type of product: Briefing[A]; OCRE: 0; OGC: 1; Total: 1.

Type of product: Correspondence[B]; OCRE: 1 (January 2003); OGC: 
0; Total: 1.

Type of product: Executive summary[A]; OCRE: 0; OGC: 1; Total: 1.

Type of product: Hearing[C]; OCRE: 0; OGC: 1 (FY 2004); Total: 1.

Type of product: Project summary; OCRE: 0; OGC: 1 (January 
2003)[D]; Total: 1.

Type of product: Report; OCRE: 1 (July 2003)[E]; OGC: 1 (FY 2004)[A]; 1 
(FY 2004)[C]; Total: 3.

Type of product: Staff analysis; OCRE: 0; OGC: 1 (October 
2002)[F]; Total: 1.

Type of product: Staff report; OCRE: 1 (November 2002)[G]; OGC: 
0; Total: 1.

Type of product: Total; OCRE: 3; OGC: 7; Total: 10.

Source: Commission staff.

[A] Education Accountability project briefing February 2003, executive 
summary May 2003, and report due fiscal year 2004.

[B] The Individuals with Disabilities Education Act Reauthorization.

[C] Native American Project Health Care hearing (or briefing) and 
report projected for fiscal year 2004.

[D] Crossing Borders: The Administration of Justice and Civil Rights 
Protections in the Immigration and Asylum Context.

[E] A Quiet Crisis: Federal Funding and Unmet Needs in Indian Country.

[F] Supreme Court Civil Rights and Related Cases: The 2001 - 2002 Term.

[G] Beyond Percentage Plans: The Challenge of Equal Opportunity in 
Higher Education.

[End of table]

[End of section]

Appendix III: Comments from Four Commissioners:

October 14, 2003:

Mr. Robert E. Robertson Director:

EWIS-Room 5928 General Accounting Office Washington, D.C. 24548:

Re. GAO-04-18, U.S. Commission on Civil Rights: Mare Operational 
Financial Oversight Needed (Report to the Chairman, Subcommittee on the 
Constitution Committee on the Judiciary, House of Representatives):

Dear Mr. Robertson,

We write to inform you that we, the undersigned Commissioners, concur 
with the conclusions and recommendations contained in the GAO report on 
the management practices of the U.S. Commission on Civil Rights. We 
respectfully submit these comments for inclusion in the final published 
version of the report so that we might inform you and the public at 
large of some of our own concerns regarding Commission management 
practices, and so that we might clarify the important implications of 
this report.

As you are aware, this report underscores many of our longstanding 
concerns regarding the Commission's integrity and ability to function 
effectively. 1n particular, the report raises two global questions 
about the administration of this agency: (1) Who is in charge? (2) Who 
has the authority to speak for the Commission? In both cases, one thing 
is clear It is not the Commissioners.

(1) Who is in charge?

As this most recent GAO investigation clearly indicates, very few of 
the reports published by the Commission in 2002 were, in fact, approved 
by the Commissioners. Instead, the staff director chose not to bring 
reports to a vote of the Commission and simply disseminated "staff 
reports" and other documents claiming that Commission approval was not 
required. As this report also makes clear, Commissioners often do not 
have the opportunity to review official Commission documents before 
they are released to the public.

To summarize, Commissioners have little input into most Commission 
projects and activities and are expected to defer unquestioningly to 
the staff director's recommendations. On more than one occasion, 
Commission Chairman Mary Frances Berry has stated that Commissioners 
should not ask questions and should simply let the staff "do their 
jobs." This notion, that the Commission exists merely to rubberstamp 
the decisions of the staff constitutes an abdication of the agenda-
setting function of the Commission and demonstrates how Commissioners 
are treated as peripheral to the work of the Commission.

The failure to allow any significant Commissioner input into reports 
and other Commission projects is not simply a management problem. It is 
also a problem of duality control and casts serious doubt on the 
Commission's ability to execute its core function to issue findings and 
make recommendations to the President and Congress.[NOTE 1]:

(2) Who Speaks for the Commission?

The Chairman routinely issues press releases, public statements, and 
letters to high-ranking elected officials on behalf of the entire body 
without authorization from the Commission and without first notifying 
the Commissioners or circulating a draft document to Commissioners.

We have protested these practices many times but have found that the 
staff is unresponsive and is either unable or unwilling to change. In 
part, this is because the Commission operates along an inefficient, 
vertical administrative structure that isolates the staff from the 
Commission-The only link between these two groups is the staff director 
who claims, as GAO points out, to serve the Commission as a body, not 
the Commissioners as individuals. In reality, however, this structure 
concentrates all power in the hands of the staff director and the 
Commission's senior staff enabling those officers to circumvent the 
Commissioners, who should be the Commission's primary source of 
political legitimacy and accountability.

Additionally, there are no internal or external mechanisms to provide 
disinterested and objective audits of the Commission's operational and 
financial processes. For example, the Commission's statute does not 
provide for an Inspector General who could assess internal issues 
independently from the Commissioners or the staff director. Its 
Administrative Instructions are applied randomly principally because 
the staff director does not feel bound by them. Even though the statute 
provides for a general counsel who would be the legal advisor to the 
Commission and the Commissioners, that position is vacant The person 
currently serving as deputy general counsel concurs with the Chairman's 
understanding that she too serves the Commission as a body through the 
staff director.

This structural and administrative dysfunction at the U. S. Commission 
on Civil Rights is not new. In its 1997 report, "U.S. Commission on 
Civil Rights: Agency Lacks Basic Management Controls," GAO reported on 
the dismal management and structural issues at the Commission. This 
report recommended that the USCCR update its regulations, improve its 
internal management guidance, and establish a management information 
system.

Six years later, the Commission has yet to implement the first 
recommendation. It has not published updated regulations that 
accurately reflect the Commission's practices. In response to a 
congressional inquiry in 2002, the Commission did send a version of the 
regulations to the Federal Register. However, this version did not 
reflect the 1998 Commission's vote and adoption of draft regulations. 
Further, when Commissioners inquired in 2002 and 2003 as to why the 
updated version of the Commission's regulations did not reflect the 
consensus of the Commissioners, the deputy general counsel 
characterized serious mistakes in the regulations as "typos" and stated 
that there would be amendments. As of the date of this letter, the 
amended regulations have not been published in the Federal Register and 
Commissioners have not received an update.

Without clear and substantive lines of authority between the 
Commissioners, the staff director, the senior staff, and the staff, the 
Commission is unaccountable and inevitably inefficient. Many of this 
report's findings reveal examples of such inefficiency - i.e., the 
Commission's dismal contracting practices, its disturbing relationship 
with its public relations firm, and the lack of qualified personnel at 
the Commission to handle contracting functions [NOTE 2].

A culture of unaccountability is a firmly entrenched feature of the 
Commission's administrative character. Structural changes geared to 
clarify the ministerial function of the staff director and to increase 
Commissioner involvement in shaping the Commission's reports, findings 
and policy recommendations should be a predicate to further 
appropriations.

The Commission could function as the nation's conscience if its 
deliberative processes were rational, open, and fair; its findings 
objective and unimpeachable; and its membership fully engaged in 
framing, shaping and drafting its reports. Instead, the Commission 
teeters on irrelevance. In short, we agree with the sentiment expressed 
in a recent Washington Post editorial. "A serious, rigorous commission 
could create breathing space for creative civil rights dialogue 
unbeholden to the orthodoxies of either the left or 
the right." [NOTE 3] Unfortunately, the Commission as currently 
managed, is far from achieving this goal.

Signed by: 

Peter N. Kirsanow, Commissioner:

Russell G. Redenbaugh, Commissioner:

Abigail Themstrom, Commissioner:

UNITED STATES COMMISSION ON CIVIL RIGHTS:

624 Ninth Street, N.W.:
Washington, D.C. 20425 
 
October 14, 2003:

Mr. Robert E. Robertson Director:

EWIS Room 5928 
General Accounting Office Washington, D.C. 20548:

Re. GAO-04-18, U. S. Commission on Civil Rights: More Operational 
Financial Oversight Needed (Report to the Chairman, Subcommittee on the 
Constitution, Committee on the Judiciary, House ofRepresentatives):

Dear Mr. Robertson,

I respectfully concur with the conclusions and recommendations 
contained in the above-referenced report on the U.S. Commission on 
Civil Rights. I write separately to urge Congress and the GAO to 
continue monitoring the Commission and its compliance with the 
recommendations contained herein. I am hopeful that with the 
implementation of sound management practices and continued public 
monitoring we might begin to restore the political legitimacy of this 
once respected federal agency. Thank you for your role in that 
enterprise.

Sincerely,

Signed by: 

Jennifer C. Braceras: 
Commissioner: 

NOTES: 

[1] Although GAO's narrow mandate did not include an assessment of the 
quality of Commission products, we have found that the reports lack the 
substantive and methodological rigor worthy of the Commission's history 
and seal:

[2] Some Commissioners and other outside advocates have argued that 
increased appropriations would resolve many of the Commission's 
problems. We disagree. If management were sound, the Commission could 
do more with less. The Commission, according to GAO, has not taken 
effective steps to streamline or appropriately track key cost 
information. Neither commissioners nor senior Commission staff 
systematically receive project cost information. The Commission refuses 
to compete or justify its largest dollar services contract and to fully 
utilize the Commissioner's expertise, which is considerable, on 
management and policy issues. And, in spite of requests for detailed 
financial information, the Staff director is unwilling or unable to 
produce it.

[3] Sins of the Commission, WASHINGTON POST, February 11, 2002.

[End of section]

Appendix IV: Comments from the Commission's Staff Director:

Note: GAO comments supplementing those in the report text appear at the 
end of this appendix.

UNITED STATES COMMISSION ON CIVIL RIGHTS WASHINGTON, D.C. 20425:

OFFICE OF STAFF DIRECTOR:

October 15, 2003:

Robert E. Robertson Director:

Education, Workforce, and Income Security Division 
U.S. General Accounting Office 
441 G Street, N.W. Washington, D.C. 20548:

Re: GAO Draft Report:

Dear Mr. Robertson:

This letter is in response to the draft report prepared by GAO. We have 
reviewed the report closely and are both pleased that it recognizes the 
positive aspects of the agency's management processes, as well as 
concerned with some of its analysis of the Commission's management 
issues. We are particularly pleased that the report acknowledges the 
Commission has addressed the concerns highlighted in GAO's last 
examination of the agency in 1997. We agree with the draft report's 
assessment that since 1997, the Commission has updated its management 
policies and procedures to better manage projects in the following 
ways:

* Establishing and clarifying the roles of the Staff Director and 
senior Commission staff. 

* Ensuring the Budget and Finance Division regularly 
provides spending data by office and function to the Staff Director to 
enable him to track the status of agency expenditures by organizational 
component at headquarters and field offices.

* Implementing a combination of techniques, such as weekly staff 
meetings, weekly or monthly reports from staff, and computer-generated 
schedules to monitor large, complex projects, to ensure that project 
deadlines are met.

* Ensuring that project leaders routinely monitor projects so they stay 
on schedule.

The Commission also responded to GAO's 1997 recommendations by revising 
the agency's Administrative Instruction Manual, implementing a project 
tracking system, and revising the agency's regulations.

We are also pleased that the report determined that the Commission's 
project management procedures allow Commissioners, the Staff Director, 
senior Commission staff, and project team leaders to effectively manage 
long-range projects that take a year or more to complete, as well as 
time-critical projects that take several months or weeks to complete.

In addition, we find it noteworthy that your examination of current 
Commission operations revealed no "management and administrative 
improprieties" as were reported in GAO's 1988 examination of the 
Commission. [NOTE 1]

We are concerned, however, with some findings in the draft report 
relating to the Commission's project management procedures, as well as 
the other two main areas examined in the report relating to financial 
oversight status and contracting procedures. Many of the findings in 
these areas are inaccurate, and there are aspects of the draft report 
that must clearly be modified. The remainder of this response will 
point out errors, unsubstantiated allegations, and misinterpretations 
presented in the draft report in each of these three areas that should 
be corrected in the final version.

PROJECT MANAGEMENT:

GAO's suggestions for future changes do not reveal any current 
deficiencies in the area of project management. In fact, here GAO 
focuses exclusively on the role of the Commissioners, misinterpreting 
their duties and purpose.

The draft report presumes that it is desirable for Commissioners to 
shape a report's findings and recommendations when the Commission has 
specifically rejected this view. The Commission has a long history of 
the career civil servant staff researching and drafting reports with 
conclusions supported by the facts.

Although Commissioners do not have a role in influencing the findings 
and recommendations in reports while they are being written, the GAO 
draft fails to acknowledge that Commissioners are provided 
opportunities to shape the scope of reports. For example, during the 
annual project planning meeting, Commissioners actively debate and 
provide specific feedback to project managers on the scope, potential 
resources, duration, and the scheduling of projects in light of 
existing priorities. Commissioners have the opportunity to meet with 
the Staff Director and appropriate staff members to be briefed on the 
progress of the projects. I have never turned down such a request. 
Additionally, as noted in footnote b on page 32, Commissioners change 
the scope of projects during Commission meetings throughout the year, 
providing another avenue for Commissioner involvement in project 
development.

The draft report minimizes the amount of information provided to 
Commissioners about ongoing projects. Pursuant to their requests, last 
month the Commissioners received a timely quarterly report on project 
and office costs. This report will be forwarded to the Commissioners 
each quarter. Pages 7 and 13 of the draft report should be corrected to 
reflect this recent development. In addition, the draft report fails to 
mention the project costs data and staff hours information that 
are regularly shared with project managers. The timeliness of 
Commission reports without any sacrifice to quality should be 
emphasized in the draft report.

Additionally, in GAO's initial letter to the Commission defining the 
scope and purpose of this review, written by Ms. Cynthia Fagnoni and 
dated December 18, 2002, GAO noted that examination for compliance with 
prior GAO recommendations was one of two key GAO objectives. Clearly, 
this is an important issue to GAO, and it is only fair that our success 
in addressing GAO's recommendations, such as improvement in timeliness 
of reports, is acknowledged in the final report, rather than minimized 
in footnote 18. The report in footnote 18 states that as the scope of 
the 1997 report and the current report are different, a comparison on 
report timeliness is methodologically inappropriate. However, 
regardless of the scope of either report, it is clear that the 
Commission completed 21 projects in fiscal year 2002 - in contrast to 
the 1997 GAO report, which found that, "[d]uring fiscal years 1993 
through 1996, the Commission completed 5 projects, deferred 10 others, 
and worked on another 7 that were still ongoing at the end of fiscal 
year 1996." GAO also found no evidence of lower quality in the 
Commission's current products. Moreover, the draft report recognizes 
that the Commission has instituted project planning procedures ensuring 
that project deadlines are met. Thus, the final report should 
acknowledge the improvement of timeliness in completion of projects.

Additionally, we provide the following responses to specific portions 
of the draft report section on project management.

Page 2 Results in Brief:

The fourth sentence should specify that detailed costs information is 
now flowing to the Commissioners and the staff.

Page 3 Results in Brief:

For the reasons stated above, we do not believe the last sentence in 
this section is necessary. To the extent that the sentence remains in 
the report, it should specify that the report contains recommendations 
for improving project management at the Commissioner level. This 
distinction should be made, because the report does not offer 
recommendations to either the Office of the General Counsel (OGC) or 
the Office of Civil Rights Evaluation (OCRE) for improving project 
management.

Pages 3-4 Background:

On page 3 the report states, "[t]he eight commissioners have two 
principal responsibilities - investigating claims of voting rights 
violations and studying and disseminating information, often collected 
during specific projects, on the impact of federal civil rights laws 
and policies." Please provide a citation for that sentence and see the 
Commission's authorizing statute for a correct description.

Page 7 Procedures Have Improved but Lack Some Key Elements of Good 
Project Management.

After the first sentence, insert language to the following effect: 
"Project management has improved to the extent that office managers now 
establish project timelines and report progress 
toward goals in monthly written reports to the Staff Director. Project 
milestone dates also are routinely provided to Commissioners in monthly 
reports from the Staff Director.":

After the third sentence, it should be restated that GAO did not find 
evidence of lower quality products.

Page 11 Table 1:

The following corrections should be made to the OCRE portion of the 
table on page 11 and to appendix I:

Briefings: 4 (Voting rights, IDEA, Welfare, Bioterrorism) Staff 
reports: 2 (Election Reform, Percentage Plans):

Also, GAO misses some products that should be added. The relevant 
source documents are attached to this letter.

Briefing paper: 3 (GAO did not list the welfare briefing paper.) 
Correspondence: 2 (GAO did not list the welfare letter.):

TOTAL: 17 products should be listed on page 11 in the OGRE column (as a 
result of above changes).

The following corrections should be made to the OGC portion of the 
table on page 11 and to appendix 1:

Briefing paper: 5 (2 on Environmental Justice, 1 on Education 
Accountability, Florida Election Reform, and Racial Data Collection 
(assisting OSD)). In addition, there was no staff analysis in fiscal 
year 2002 for OGC. The item GAO refers to as a staff analysis is the 
briefing paper on Florida election reform.

Briefings: 6 (3 on Crossing Borders, 1 on Florida Election Reform, 
Education Accountability, and Racial Data Collection (assisting OSD)).

Executive Summaries: 6 (3 on Crossing Borders, 1 on Education 
Accountability, Florida Election Reform, and Racial Data Collection 
(minimally assisting OSD)). The draft report misidentifies some of the 
six summaries as briefing summaries and fails to count all the work 
produced when both categories are counted.

Page 15:

First full paragraph. The text suggests that Commissioners did not 
discuss the Percentage Plan report. However, it was discussed at the 
November 15 meeting in San Diego. The relevant portion of the 
transcript is attached to this letter.

Page 31 Appendix I:

The table needs to be corrected as follows:

Item 21 the words "Briefing Paper" should be in bold because it fits 
the definition on the preceding page.

Add item 34: Welfare Reform Briefing Paper Add item 35: Welfare Reform 
Correspondence:

Re-number to allow for above changes. There should be 38 products 
total.

Footnotes:

The second footnote should indicate that it is specifically referencing 
a project assigned to OGC because there was a separate OGRE project 
during the same time.

Since collateral duties of other offices are noted, a footnote should 
be added to the effect that OCRE has responsibility for processing/
referring the more than 4,000 complaints that the Commission receives 
annually. It is noteworthy that during the review period, OCRE staff 
also covered Public Affairs Unit (PAU) functions such as producing The 
Civil Rights Journal, scanning daily newspapers for civil rights-
related news, clipping and distributing relevant news items to 
Commissioners and the staff, briefing international visitors, and 
planning special-emphasis months.

Page 33 Appendix II:

Correspondence: As stated above, the Correspondence listed here was 
assigned 12 days before the close of the fiscal year, thus there was 
not an expectation that it would be implemented before the end of the 
fiscal year.

Staff Report: This report was assigned to OGRE in June by the Staff 
Director. There was not an expectation that it would be completed and 
released before the end of September.

For the foregoing reasons, the two deliverables referenced here do not 
qualify as being carried over from the previous year.

FINANCIAL OVERSIGHT:

The financial oversight section of the draft report, like others, 
contains inaccuracies and simply makes recommendations without any 
findings of improper conduct or mismanagement. It is completely 
appropriate that the Staff Director relay financial information to the 
Commissioners. Page 22 of the draft report implies that this flow of 
financial information from the Staff Director to the Commissioners is 
in someway wrong without providing any further explanation.

The reference to the Commission's longstanding policy on Commissioner 
and staff interaction is inappropriate, but somewhat typical of more 
than a few of GAO's suggestions. That is, it argues for overturning a 
policy that has always existed at the Commission, as far as we can 
tell, and certainly since the early 1980's. Responsibility for 
determining policy on Commissioner interaction with staff is a function 
delegated by statute to the Commissioners, and the Commissioners have 
reaffirmed on numerous occasions the current policy regarding 
interaction with staff. GAO did not make any findings of impropriety in 
this policymaking process, as 
indeed they could not, since the policymaking is entirely appropriate. 
The policy also does not dictate that the Staff Director reply only to 
the Commissioners as a body, as stated on page 22. On the contrary, 
information is routinely provided to individual Commissioners and their 
Special Assistants in response to their inquiries.

CONTRACT ACTIONS:

Regarding GAO's draft criticisms of the Commission's contracting 
processes for contracts entered into or ongoing in fiscal year 2002, 
the characterizations and assertions in GAO's draft report are 
overstated and erroneous.

Commission's contract practices are fundamentally sound:

In pursuing contract actions each year, whether by small-scale purchase 
orders, interagency agreements, or contracts with private entities, the 
Commission's contract practices are fundamentally sound. The Commission 
takes part in hundreds of contract actions-both large and small, and of 
varying complexity-each year to procure goods and services. These 
contract actions can come in a variety of arrangements. Most of them 
are in the form of credit card purchases or purchase orders issued 
directly to vendors. As the Commission is a very small agency with a 
yearly budget of approximately only $9 million, most of its purchases 
of goods and services are modest and done through small scale purchase 
orders below the micro-purchase threshold.

For the majority of its large dollar purchases of goods and services 
(i.e., more than $25,000 under simplified acquisition procedures), the 
Commission enters into interagency agreements with other federal 
agencies such as the General Services Administration (GSA), the Library 
of Congress (LOC), the National Finance Corporation (NFC), the Bureau 
of Public Debt (BPD), and the Government Printing Office (GPO). For 
example, information technology product and service purchases for the 
Commission's local area network, to date worth close to $300,000, are 
done by interagency agreement with GSA. GSA also administers the 
Commission's rent agreements. The Commission obtains Lexis-Nexis and 
media subscription services from LOC worth between $100,000 and 
$200,000, and payroll and budgeting services from NFC and BPD, also 
worth several hundred thousand dollars. The Commission also pays GPO 
several tens of thousands of dollars each year for printing and storage 
services.

The Commission occasionally also enters into contracts with private 
entities for purchase of goods and services exceeding the micro-
threshold. Thus, for example, the Commission has, at times, contracted 
out various functions to the private sector, such as the drafting of 
certain state advisory committee reports, the provision of background 
investigation services, and the provision of some media services.

Out of these hundreds of contract actions, the draft report addresses 
only 12 and takes to task, without detail, eight. As an initial matter, 
the Commission is able to identify only 11 contracts (seven above 
$2,500) that GAO requested to examine that were entered into or ongoing 
in fiscal 
year 2002. [NOTE 2] Second, although the draft report acknowledges in a 
footnote that the Commission entered into a multitude of administrative 
contracts in fiscal year 2002, it does not include them in the final 
contract figures, instead leaving the wrong impression that the 
Commission entered into only 12 contracts for the entire fiscal year, 
and that it did not follow contracting regulations in a majority of its 
contract actions. In reality, out of the hundreds of contract actions 
that the Commission undertook, GAO stated that it considered only eight 
contained any possible problems. Thus, the Commission's overall 
fundamental contract practices are sound.

Contract actions identified by GAO:

Documentation and micro-purchase thresholds:

It is difficult to respond to the assertion that the Commission did not 
follow proper procedures in awarding eight contracts over the GAO-
identified micro-purchase threshold of $2,500, since the draft report 
does not identify all eight contracts and does not describe all the 
alleged deficiencies in the contracting actions. While the Commission 
cannot be certain as to the specific alleged deficiencies to which the 
draft report refers, the characterization in the draft report is 
nevertheless overbroad and incorrect, as the vast majority of any 
possible contracting anomalies falls into two main categories-
documentation and alternate assumptions as to the micro-purchase 
threshold.

The Commission acknowledges that it could improve its documentation and 
recordkeeping procedures in terms of its contract file maintenance, and 
we are examining the issue to improve the situation. The draft report, 
however, confuses and blurs the documentation issue with other alleged 
errors. For example, the draft report erroneously states that the 
Commission did not follow legal requirements to compete its media 
services contract. However, as we explained on multiple occasions to 
GAO, the Commission did compete the initial media services contract, 
and in instances where competition was not obtained, the Commission was 
operating under the exception outlined in sections 13.106-1(b) & (c) 
and others provisions of the FAR.[NOTE 3]Thus, at most, there was 
simply missing documentation in the contract file reflecting these 
processes - an area that the Commission acknowledges needs improvement. 
In at least two of the seven contracts over $2,500 examined by GAO, 
this was the case.

Three of the remaining five contracts [NOTE 4] over $2,500 examined by 
GAO were for minimal amounts less than $5,000 and treated as micro-
purchases, which do not need to be competed. Here, the Commission 
believed there was a test provision in which the micro-purchase 
threshold had been raised to at least $5,000. While it appears that 
the applicable micro-threshold may actually be $2,500, the Commission 
was operating under an honest belief of the applicability of the 
higher threshold. Thus, even if the Commission made a mistake, the 
contracts at issue were at most, only a few thousand dollars and a 
couple of thousand dollars over $2,500-a tiny percentage of the 
Commission's contract totals.

Promoting competition:

The draft report statement that the Commission did not obtain the 
benefits of competition and suggestion that the Commission did not 
compete any of its contracts are also inaccurate. The statement ignores 
the various instances that the Commission has taken to compete 
contracts exceeding the micro-purchase threshold. As noted above, the 
Commission competed the initial media services contract. With respect 
to the remaining two contracts over the micro-purchase threshold 
(regional office report preparation and graphic design contracts) that 
GAO examined, the Commission issued multiple requests for quotations 
under simplified acquisition procedures and obtained the benefits of 
competition.

Furthermore, with respect to the Commission's GSA Federal Supply 
Schedule contract for subsequent media services, per GSA's own 
regulations, "GSA has determined that the prices for services contained 
in the contractor's price list applicable to this [Federal Supply] 
Schedule are fair and reasonable." Normally, when ordering goods, no 
additional competition is required and an agency can simply choose a 
vendor off of the supply schedule. At the time of the subsequent media 
services contract, this was true of service orders as well. Therefore, 
contrary to the assertion in the draft report, ordering off of the GSA 
Federal Supply Schedule was proper and was already indicative of 
obtaining benefits of competition, such as assurance of fair and 
reasonable value. [NOTE 5]:

Promoting not iust competition but disadvantaged small businesses_ and 
simplified rules:

The exclusive focus of GAO's draft report on the benefits of 
competition ignores other equally important goals of government 
contracting. While reaping the benefits of competition is a valid goal 
of government contracting regulations, the draft report does not 
discuss the statutorily mandated goals of promoting traditionally 
disadvantaged small businesses in government procurement and pursuing 
simplification of contracting procedures. In doing so, GAO unfairly 
imposes its own subjective and arbitrary judgment as to the relevant 
goals of the Commission's contracting practices without sufficiently 
weighing other important statutory and regulatory considerations.

Disadvantaged small businesses:

Beyond the simple goal of competition, the Commission, also puts great 
value in promoting the hiring of traditionally disadvantaged and women-
owned small businesses-a government goal codified in and exemplified by 
the Small Business Administration's (SBA) 8(a) program. For 
example, the Commission's media services vendor is both minority and 
women owned and operated, and has been 8(a) qualified for the entire 
time it has been under contract with the Commission. In 2001, the 
Commission wished to enter into a new contract with the vendor under 
the SBA's 8(a) program, which specifically permits sole sourcing, but 
decided to select the vendor off of a GSA Federal Supply Schedule, due 
to limited staff resources at the time preventing pursuit of the 8(a) 
process. [NOTE 6] Furthermore, in contracting out media services, the 
Commission was acting consistent with OMB Circular A-76, which 
encouraged that government commercial functions be contracted out to 
the private sector, such as small businesses, wherever possible. In any 
event, the Commission was seeking the most efficient and cost effective 
way to accomplish the Commission's media service goals. [NOTE 7]

Simplified contracting procedures:

Another goal of government contracting regulations is to streamline 
contracting through the implementation of simplified acquisition 
procedures, a very important objective-especially for small agencies 
such as the Commission that do not often enter into high dollar, 
complicated contracts exceeding the simplified acquisition threshold. 
In this light, the statement in the draft report that the Commission 
does not provide information on specific tasks to be performed on a 
performance-based statement of work is subjective and erroneous. A 
statement of work is attached to each of the contracts examined by GAO. 
The Commission 's statements of work describe what the required output 
is and establish standards of performance "to the extent practicable" 
as required under contracting regulations. For example, the statement 
of work for the regional office report preparation contract describes 
the reports to be produced in detail and the timeframe for producing 
them. These statements of work are entirely adequate for a small agency 
operating under simplified acquisition procedures, and the draft report 
provides no explanation as to why it makes the blanket statement that 
the Commission does not issue performance-based statements of work.

Performance monitoring of contracts is occurrin:

The criticism that the Commission has not established a system to 
monitor contractor performance, especially that of the media services 
contractor, is also erroneous. Five of the 11 contracts [NOTE 8]
examined by GAO pertain to legal or advisory services in which the 
vendor works in close relationship with the contracting officer's 
technical representative (COTR). Thus, there is constant monitoring of 
the contractor's performance. Four of the remaining five contracts were 
for purchases under the micro-purchase threshold, where work was not 
complicated and monitoring consisted mainly of evaluating the receipt 
of the final product or service, such as delivery of subpoenas, or 
completion of routine security investigations. The last two remaining 
contracts were for production of specifically designed products-
graphical designs and reports, in which the vendor was monitored 
periodically to ensure an acceptable final product. In any 
event, if the final products were not to specification under the 
contracts, the Commission was not obligated to purchase them.

With respect to the media services contract, as GAO was informed on 
more than one occasion, the vendor must submit invoices of its expenses 
every month to me for review and approval. The vendor also submits 
supplemental information on activity performed, such as work reports-
almost half a foot thick-that I review. The Commission provided all of 
this documentation to GAO as well. I work directly with the vendor and 
converse weekly, if not daily, with other Commission employees who work 
with the vendor, and am apprised of work the vendor does for the 
Commission. I am able to make an informed analysis as to whether fees 
and expenses submitted by the vendor are reasonable. When I have 
questions or concerns, I do not hesitate to talk directly with the 
vendor principal. Furthermore, the contract can be terminated at any 
time by me.

Miscellaneous factors driving contract and internal control issues:

With respect to the statement in the draft report that the Commission 
does not have personnel sufficiently qualified to conduct contract 
actions, we disagree with any characterization that Commission 
personnel are not qualified to conduct contracting. However, the 
Commission has experienced attrition of key contracting personnel. In 
small agencies such as the Commission, attrition of a single individual 
can often lead to a loss of institutional knowledge. Nonetheless, 
despite constraints posed by a decade long flat-lining of the agency's 
budget and decline in real spending power, the Commission is attempting 
to acquire additional contract and procurement expertise. [NOTE 9]

In approaching the divergent views represented by the draft report and 
this response, two factors should be kept in mind. First, the head of 
the Commission's Administrative Clearinghouse Services Division, who 
was also the Commission's primary contract expert, retired from the 
Commission shortly before GAO initiated its investigation. The 
Commission was, thus, left without her institutional knowledge of the 
Commission's historical contracting activities, including the 2002 
contracts. Neither did the Commission have the benefit of her services 
in assessing and addressing contractual issues raised by GAO.

Second, compounding this problem was the fact that while GAO 
investigators assigned to conduct the contract practices investigation 
conducted themselves professionally, they admitted that they did not 
have backgrounds in contract regulations or contract law, and were 
unable to answer certain contract regulation questions posed to them 
during interviews seeking clarification of GAO inquiries. For example, 
according to the investigators, a GAO procurement expert helped draft 
the prepared questions that were asked during the interviews on 
contracting practices. However, as the investigators were not 
procurement experts themselves, it was difficult to fully engage them 
in an interactive colloquy that may have eliminated any resulting 
confusion or misunderstanding.



CONCLUSION:

It is clear from the draft report that the Commission has made great 
strides in improving its management structure and operational oversight 
since the GAO's 1988 report, as well as since GAO's more recent 1997 
examination of the Commission. The Commission is committed to ensuring 
that its operations are well maintained and will consider implementing 
whatever recommendations and suggestions appear in GAO's final report. 
In fact, we have already accepted and begun to institute some of the 
recommendations mentioned in the draft report, such as preparing and 
forwarding quarterly reports on project and office costs to the 
Commissioners.

As noted, however, although many of the recommendations in the draft 
report are worth considering, they are not premised on any findings of 
fraud, abuse, or managerial impropriety. Rather some are merely 
suggestions for modifying Commissioner roles and their relation to 
staff, which are decisions for the Commissioners as a body to make, 
while others are suggestions to further refine and improve proper 
processes already in place. And though we welcome these suggestions, 
unfortunately, many of them would require the Commission to spend 
additional monies not available in its current $9 million budget. 
Information we have provided GAO documents the steady decrease in 
Commission funding over the past years that has greatly constrained the 
agency's ability to incur any additional, new expenses. Funding levels 
from 1995 to 2003 represent a loss of $1.3 million per year after 
adjusting for inflation, using a 1995 baseline. The draft report itself 
recognizes that although the Commission's non-inflation adjusted budget 
has remained essentially the same for the last 10 years, its purchasing 
power has been severely eroded, especially in light of unavoidable, 
substantial new costs. The draft report also acknowledges that the 
Commission's financial status has left it unable to reduce its high 
staff vacancy rate, which now stands at 20 percent. In fact, in 1997, 
GAO reported the Commission had 91 staff members, while the current 
draft report reflects a staffing level of approximately 70. It would be 
an extreme, if not impossible, challenge to institute some of GAO's 
recommendations and continue to produce the current quality and volume 
of products, given the agency's dire budgetary and high staff vacancy 
rate situation. Nevertheless, we continue to look for ways to improve 
every aspect of our operations and will consider GAO's input 
accordingly.

This concludes our response.

Sincerely,

Signed by: 

LES JIN: 
Staff Director:

Enclosures:

NOTES: 

[1] Also important to note, GAO stated early on during this review 
that another area of inquiry was whether the Commission's Human 
Resources Division appropriately handled personnel matters, including 
the matter regarding a Commissioner's proposed special assistant. In 
furthering this examination, GAO asked our director of Human Resources 
several questions on this subject before acknowledging that our 
handling of the matter was consistent with proper procedures. GAO 
officials subsequently informed us that they dropped the examination of 
the Commission's personnel policies as an area of inquiry for this 
report.

[2] The 12tH contract that GAO refers to in its draft report may be a 
fiscal year 2003 contract that was also provided to GAO per its 
request.

[3] As explained previously to GAO, .due to exigent circumstances, the 
contract was amended pursuant to urgent-circumstance and contract-
amendment procedures as contemplated under Section 13.106-1 (b) & (c) 
and other parts of the FAR.

[4] The possible 12th fiscal year 2003 contract also exceeded $2,500, 
but not $5,000 (so four of the remaining six contracts).

[5] GSA regulations at the time of the contract awards stated only that 
a request "should be provided to three (3) contractors . . . " 
(emphasis added). Reasonable people may differ as to the interpretation 
of this language, and it was the Commission's understanding that the 
procedures permitted an agency to identify at least one vendor and 
issue the request to that vendor. This interpretation is not only 
consistent with the general principle that the federal supply schedule 
exists to simplify contracting procedures by permitting selection of 
vendors off of the schedule, but is underscored by the fact that the 
language was amended in April 2003 to state that the request "shall be 
provided to three (3) contractors," clarifying that soliciting from 
three vendors was no longer optional but mandatory.

[6] In fact, the vendor is now under contract with the Commission 
through SBA's 8(a) program.

[7] The relationship with the media services vendor has not evolved 
into an annual award with a maximum value of $156,000 as stated in the 
draft report. The vendor's fees under the contract never approached 
$156,000, as that was simply the "not-to-exceed" limit imposed on the 
vendor. In fact, in fiscal year 2003, total vendor fees were less than 
$90,000.

[8] Six of the 12 contracts, if including the contract from fiscal 
year 2003.

[9] For example, the Commission resumed submitting current and prior 
year data to the FPDC beginning in September.

GAO Comments:

1. Our draft report clearly indicates that we found deficiencies in the 
project management practices at the Commission. We focused largely on 
the role of the Commissioners because they comprise the Commission 
which, under the applicable statute, has ultimate responsibility in 
providing reports to Congress and the President, and carrying out other 
statutory responsibilities.

2. We do not concur with the staff director's comment that the 
Commission has rejected the desirability of Commissioners shaping the 
findings and recommendations of Commission projects. Commission staff 
play an important role in running projects and helping produce reports, 
but their involvement does not diminish the important role that 
commissioners can and should play in shaping reports on civil rights 
issues.

3. We disagree that our draft failed to acknowledge the Commissioners' 
role in helping scope projects. The draft indicates that Commissioners 
have some involvement, albeit limited, in the planning process. Our 
basic point remains: procedures do not provide for systematic 
commissioner input throughout projects and in practice, commissioners 
do not always have the opportunity to review many of the reports and 
other products drafted by the staff before they are released to the 
public.

4. We believe that the draft report accurately portrays the amount of 
information provided to commissioners and project managers about 
ongoing projects. We based our assessment on the (limited) information 
that has been provided to commissioners and project managers in the 
recent past. Project managers told us that, during fiscal years 2002 
and 2003 (as of August), they were not regularly receiving project cost 
data and staff hour information. Additionally, the draft recognized 
that arrangements have recently been made to provide additional 
information to commissioners. As we noted in a draft recommendation, 
the efficacy of this action will need to be monitored. For example, the 
staff director's first project cost report on September 30, 2003, in 
response to the commissioners' April 2003 vote for quarterly cost 
information, was incomplete because it did not contain cost information 
for at least two projects that had been regularly reported in monthly 
staff director reports during fiscal year 2003.

5. In our discussions with Commission officials subsequent to the 
December 18, 2002, letter, we discussed in further detail the scope of 
our review. We indicated that our review would primarily focus on 
current management operations and not entail a specific point-by-point 
assessment of the Commission's implementation of our past 
recommendations. Nevertheless, during our review, we learned that the 
Commission had made a number of improvements since our 1997 review. Our 
draft report discusses these improvements. However, our review was not 
intended to evaluate either the improvement in timeliness or the 
quality of Commission products since our 1997 review. Notably, 
Commissioners Kirsanow, Redenbaugh, and Thernstrom expressed concern in 
their written response to our report that although we did not include 
an assessment of the quality of Commission products, they found that 
"reports lack the substantive and methodological rigor worthy of the 
Commission's history and seal." The staff director may wish to pursue 
the commissioners' comments in further detail.

6. As noted above, our report includes this recent development.

7. The staff director believes that our sentence in the draft stating 
that the report contains recommendations for improving Commission 
operations should be deleted or at least modified to reflect that 
recommendations are directed at commissioners and not staff offices. We 
do not believe that a change is warranted. The implementation of our 
recommendations will clearly involve the commissioners, the staff 
director, and officials throughout the agency.

8. The Commission's responsibilities are described in the applicable 
statute. See 42 U.S.C. 1975a. We have qualified our description of the 
responsibilities we list in our report.

9. Our draft report noted that improvements in certain project 
management procedures have been made.

10. We believe that the staff director's comment that project milestone 
dates are routinely provided to commissioners in monthly reports from 
the staff director is an overstatement. Our draft report noted that, 
during fiscal year 2002, the staff director's monthly reports to the 
commissioners in preparation for their monthly meetings did not contain 
a comprehensive list of project milestone dates for all ongoing 
projects. Furthermore, fiscal year 2003 staff director reports to the 
commissioners generally did not list all ongoing projects and did not 
include estimated product issuance dates or project completion dates 
for most projects. This information was maintained and routinely 
updated when warranted by OCRE and OGC project managers for project 
planning, management and monitoring purposes but was not reported in 
the staff director's monthly reports to the commissioners.

11. As we note in comment 5, our review was not intended to evaluate 
the quality of Commission products.

12. We shared a draft of tables 1 and 2 with the staff director and 
other senior staff before we sent the draft report to the Commission. 
The officials indicated that the tables were generally accurate. 
Nevertheless, we made technical corrections, as appropriate, in areas 
clarified by the Commission.

13. The purpose of the table in which the footnote in question appears 
is to provide details about the projects produced by those offices that 
generate headquarters products. The footnote intends to inform the 
reader about an OGC internal product not contained in the body of the 
table. The footnote is not intended to convey collateral duties. 
Therefore, we did not add the information suggested by the staff 
director. We note, however, the draft report contained a background 
paragraph which lists the activities carried out by the Commission to 
accomplish its mission, including the investigation of charges of 
citizens being deprived of voting rights because of color, race, 
religion, sex, age, disability, or national origin.

14. The products that the staff director refers to were accurately 
described in our draft report as expected to be issued after fiscal 
year 2002, as he acknowledges in his description of expectations 
regarding each product.

15. We continue to believe that our findings on the extent of financial 
oversight at the Commission are factually correct. Moreover, the 
recommendations we made in the draft report were based on the 
deficiencies we found in the Commission's management practices.

16. We do not agree that the draft report implied that a flow of 
financial information from the staff director to the commissioners is 
inappropriate. In fact, the concern the draft highlights is that 
information is centralized around the staff director, creating a 
situation that precludes appropriate checks and balances.

17. We believe that the Commission's internal communication policy was 
an appropriate aspect of Commission operations for us to review. As 
noted in our draft report, some commissioners, as well as senior 
Commission managers, told us they believe that the current policy 
stifles communication and productivity within the agency and creates an 
environment of uneasiness. Moreover, the Commission's policy limiting 
direct commissioner and staff interaction is not consistent with sound 
management principles of highly effective organizations. Finally, we do 
not believe the longevity of a policy justifies its existence when the 
need for change becomes apparent.

18. While it is true that the Commission has several large dollar 
agreements with other agencies, these agreements are not contracts 
awarded pursuant to the FAR, and our review did not extend to them. Our 
review was limited to an examination of how well the Commission used 
its contracting authority for purchases above the micro-purchase 
threshold. Our review focused on the extent to which the Commission 
complied with regulatory requirements applicable to these procurements.

19. When we requested a list of all contracts for which the Commission 
budgeted or paid funds against in fiscal year 2002, the Commission 
provided us with a list of 11 contracts and orders awarded by the 
Commission. The staff director correctly points out that we requested 
and received information on a 12TH contract that was entered into in 
fiscal year 2003. This contract was specifically brought to our 
attention by our requester, but fell outside the timeframe we included 
in our scope. The draft has been corrected to show 11 contracts 
reported by the Commission as ongoing in fiscal year 2002. The change 
in the number of contracts we are reporting on did not affect in any 
manner our findings or conclusions.

20. Our draft report has been revised to report 11 as the number of 
contracts that the Commission listed to us that it entered into in 
fiscal year 2002. The Commission noted in a letter accompanying the 
list, however, that its list of contracts did not include the 
Commission's day-to-day administrative contracts, such as those for 
court reporters, temporary support services, and meeting room rentals. 
In discussions with the staff director and the acting chief, 
Administrative Services and Clearinghouse Division, we were told, as 
the staff director restates here, that these administrative contracts 
were modest and done through small scale purchase orders below the 
micro-purchase threshold. We noted in our draft report that we did not 
include these contracts in our review.

21. We disagree with the staff director's conclusion, and the logic 
used to reach that conclusion, that the Commission's contracting 
practices are currently sound. We recognize that the Commission has 
undertaken many other contracting actions. We did not include these in 
our analysis because of the reasons stated in comments 18 and 20. Our 
review of the 11 contracts provided to us reveals that the Commission 
did not follow proper procedures for the majority of these contracts, 
that is, all 7 above the micro-purchase threshold.

22. We refer the staff director to the list of 11 contracts provided to 
us earlier in our review, 7 of which were of amounts exceeding the 
micro-purchase threshold. The Commission, in addition to lacking 
documentation on whether some contracts were competed, could not 
provide documentation to support that publicity requirements were met 
for other purchases, nor in the absence of such documentation, written 
justifications from contract files that would explain why those 
requirements were not met.

23. The staff director acknowledges that the Commission could improve 
its recordkeeping and documentation procedures in terms of contract 
maintenance. He indicates that we erroneously state that the Commission 
did not compete its media services contract. In fact, our report states 
that the Commission could not document that it competed the initial 
media services contract. Without such documentation, we cannot 
ascertain whether or not this or certain other contracts at the 
Commission were, in fact, competed. We believe documentation 
deficiencies constitute a material breach of proper contracting 
activities.

24. The staff director's comments support our finding that 
documentation deficiencies were found across the contracts we reviewed. 
To the extent that an unfamiliarity with specific requirements 
contributed to the deficiencies, our draft recommendation for greater 
controls, including the need for qualified personnel to oversee 
contracting activities, becomes underscored.

25. We continue to believe that the Commission did not follow proper 
procedures in awarding any of its contracts over the micro-purchase 
threshold, and that this condition limited the Commission's ability to 
obtain the benefits of competition. Concerning the 2 contracts 
specifically mentioned in the staff director's comments, we found that 
the Commission did in fact send out requests for quotations; however, 
it could not document that it had met other regulatory requirements, 
such as the requirements for publicizing proposed contract actions that 
serve to ensure that the vendor community is made aware of an agency's 
need for services. By not doing so, the Commission limited the 
potential pool of bidders because other vendors were likely unaware of 
the contract and therefore did not have the opportunity to submit bids.

26. We continue to believe that the manner in which the Commission 
obtained media services from the Federal Supply Schedule was not 
consistent with GSA's established ordering procedures. While it is true 
that the GSA has clarified its regulation language to make clear its 
intent that soliciting from three vendors is mandatory, the staff 
director in his comments ignores the requirements in those earlier 
regulations to prepare an RFQ, transmit the request to contractors, and 
evaluate the responses before selecting the contractor to receive the 
order. We maintain that even the earlier version of GSA's regulation 
was sufficiently clear in its requirement to solicit quotes from more 
than one vendor.

27. For the reasons cited in comments 28 and 30, we do not agree that 
we imposed subjective and arbitrary criteria when assessing the 
soundness of the Commission's contracting activities.

28. While the Commission's concern for small, traditionally 
disadvantaged and women-owned businesses is laudable, it does not 
provide a license for circumventing established contracting regulations 
and procedures to achieve these ends. We are aware of the Small 
Business Administration's 8(a) program. Having elected not to pursue 
the 8(a) program, however, it was incumbent upon the Commission to 
adhere to procedures governing its choice of procurement vehicles. The 
regulations do not state nor imply that agencies promoting small 
disadvantaged or women-owned businesses in government procurement may 
dispense with the other requirements, such as the requirement to 
solicit multiple bids. Moreover, we note that OMB Circular A-76 does 
not encourage contracting out but merely establishes procedures for 
public-private competition.

29. We disagree. The Commission's relationship with its media services 
vendor has evolved into a de facto annual award. In addition, for 
fiscal year 2003, the contract had a maximum value of $156,000. We did 
not request records from the Commission in attempt to tally a fiscal 
year 2003 total of funds actually spent. We did, however, tally a 
fiscal year 2002 total of funds spent on the media services contract 
and found that $131,225 was spent on a "not-to-exceed" limit of 
$140,000. We have added a footnote in the report section to clarify 
this point.

30. We disagree with the staff director's belief that our findings are 
subjective and erroneous. We continue to believe that it is important 
to provide written performance-based requirements documents and do not 
believe that simplified acquisition procedures preclude this need.

31. As our draft report stated, written performance-based requirements 
documents can help ensure contractors' work against measurable 
standards.

32. For the 7 contracts we reviewed with amounts above the micro-
purchase threshold, the Commission did not provide contractors in 
writing with specific task orders, instead providing oral information 
on tasks to be performed. For example, for its largest contract (media 
services), a broad statement of work with little detail was written to 
accompany the order. The staff director told us that he meets regularly 
with the contractor to discuss specific tasks under the order. As we 
state in comment 31, without written performance-based requirements 
documents, contractors' work products cannot be successfully evaluated 
in a transparent manner.

33. The Commission does not maintain written information on specific 
work tasks communicated to the vendor, expected timeframes for specific 
tasks to be performed, or the definition or description of how tasks 
were to be performed. Rather, the work reports that the staff director 
refers to consisted of several press releases, meant to illustrate 
activities performed by its media services vendor and copies of vendor 
invoices that showed tasks such as, media outreach/story placement, 
faxing, planning and consultation, etc., for which the Commission was 
billed. We continue to believe that the Commission cannot effectively 
assess contractor performance based on the documentation we were 
provided.

34. The staff director recognizes that the Commission has experienced 
significant turnover with regard to its contracting personnel. Yet he 
disagrees with our characterization that the Commission's current 
personnel are not sufficiently qualified in certain areas of 
contracting. The problems identified in this report should alert the 
Commission to the necessity of improving its contracting support or to 
look for outside assistance in this area.

35. To conduct our review, we relied upon the extensive legal and 
technical assistance available within our agency. When issues arose 
during our interviews that required either GAO or Commission officials 
to conduct additional analysis, then a follow-on discussion usually 
transpired. We stand behind the findings reported in the draft report.

[End of section]

Appendix V: GAO Contacts and Staff Acknowledgments:

GAO Contacts:

Brett Fallavollita, Assistant Director (202) 512-8507 Monika Gomez, 
Analyst-in-Charge (202) 512-9062:

Acknowledgments:

Dennis Gehley made significant contributions to this report, in all 
aspects of the work throughout the review. In addition, Caterina 
Pisciotta assisted in gathering and analyzing information and in 
writing a section of the report; Lori Rectanus was instrumental in 
developing our overall design and methodology; Corinna Nicolaou 
assisted in report and message development; Julian Klazkin and Robert 
Ackley provided legal support; and Ralph Dawn and H. Kent Bowden 
provided specialized assistance in the areas of contract and financial 
management.

FOOTNOTES

[1] See U.S. General Accounting Office, U.S. Commission on Civil 
Rights: Agency Lacks Basic Management Controls, GAO/HEHS-97-125, 
(Washington, D.C.: July 8, 1997) and U.S. Commission on Civil Rights: 
Update on Its Response to GAO Recommendations, GAO/HEHS-98-86R, 
(Washington, D.C.: Feb. 3, 1998).

[2] We did not review the Commission's day-to-day administrative 
contracts, such as those for court reporters, temporary support 
services, and meeting room rentals.

[3] The Commission defines a project as "…a study of civil rights 
issues that culminates in a report, transcript, summary of proceedings, 
film, monograph, or other product for public release…."

[4] These reports are termed "statutory" reports. Statutory reports are 
produced in accordance with 42 U.S.C. 1975a(c).

[5] Several agencies have enforcement authority for civil rights 
issues. For example, the Equal Employment Opportunity Commission is 
charged with enforcing specific federal employment antidiscrimination 
statutes, such as Title VII of the Civil Rights Act of 1964, the 
Americans with Disabilities Act of 1990, and the Age Discrimination in 
Employment Act of 1967. Also, the Assistant Attorney General for Civil 
Rights in the Department of Justice is the enforcement authority for 
civil rights issues for the nation.

[6] See U.S. General Accounting Office, U.S. Commission on Civil 
Rights: Agency Lacks Basic Management Controls, GAO/HEHS-97-125 
(Washington, D.C.: July 8, 1997).

[7] Federal agencies are required under the Federal Managers' Financial 
Integrity Act of 1982 to report on internal controls annually to the 
President and the Congress.

[8] "Contracting officer" means a person with the authority to enter 
into, administer, and/or terminate contracts and make related 
determinations and findings.

[9] FAR part 13. 

[10] Federal Acquisition Streamlining Act of 1994, Pub. L. No. 103-355, 
108 Stat. 3243.

[11] Clinger-Cohen Act of 1996, Pub. L. No. 104-106, Divs. D, E, 110 
Stat. 642.

[12] FAR subpart 13.500(d).

[13] "Sole-source acquisition" means a contract for the purchase of 
supplies or services that is entered into or proposed to be entered 
into by an agency after soliciting and negotiating with only one 
source.

[14] If this requirement is met, and the program has been open to all 
responsible sources, the competition requirements of the Competition in 
Contracting Act are satisfied. See 10 U.S.C. § 2302(2)(C) and 41 U.S.C. 
§ 259(b)(3).

[15] We used a combination of OMB, private sector, and our guidance as 
criteria to identify key elements of good project management. These 
criteria included U.S. General Accounting Office, Standards for 
Internal Control in the Federal Government, GAO/AIMD-00-21.3.1 
(Washington, D.C.: Nov. 1999); Preparation and Submission of Budget 
Estimates (2002) (OMB Circular No. A-11, Part 2); Project Management 
Scalable Methodology Guide (" 1997, James R. Chapman); A Guide to the 
Project Management Body of Knowledge (PMBOK‚ Guide-2000 Edition (The 
Project Management Institute, September 2003); and Project Management-
Conventional Project Management (Northern Institute of Technology, 
Hamburg, March 2002). See appendix I, for additional details about our 
criteria.

[16] At the time of our current review, the general counsel position 
was vacant and the deputy general counsel was overseeing and managing 
OGC projects and products and reporting to the staff director.

[17] Commissioners and Commission staff use the term "emerging issues" 
to describe projects that are generally not identified during the 
Commission's annual project planning cycle but which the commissioners 
decide are high-priority projects as they emerge throughout the year. 
Emerging issues projects generally take less calendar time to complete 
than do larger, more complex projects included in the annual planning 
meeting, during which commissioners decide which projects to undertake. 


[18] In this review, we did not analyze the timeliness of Commission 
products for comparison with the results of our 1997 review. As agreed 
with our requester, our current review focused on the most recent 
fiscal year. Also, we examined during the current review a more 
expansive number and variety of products than what we reported on in 
1997, which made comparisons between this review and our 1997 report 
methodologically inappropriate. 

[19] Of the 43 total products that resulted from these projects as of 
July 2003, 32 were issued during fiscal year 2002 and were included in 
the scope of our review. We excluded from our scope 3 products issued 
during fiscal year 2001 and 8 products issued or expected to be issued 
during fiscal years 2003 or 2004.

[20] Our 1997 review also found that commissioners at that time did not 
receive information on the costs of projects or the personnel working 
on projects. After a vote to approve a project, commissioners were not 
aware of (1) those projects the staff director decides to start; (2) 
when projects are actually started; (3) cost adjustments for projects; 
(4) time frame changes; and (5) personnel changes, all of which can 
affect the timeliness and quality of projects. See U.S. General 
Accounting Office, U.S. Commission on Civil Rights: Agency Lacks Basic 
Management Controls, GAO/HEHS-97-125 (Washington, D.C.: July 8, 1997), 
pp. 17-19.

[21] Administrative Manual, Administrative Instruction 1-6, National 
Office Program Development and Implementation, January 24, 2003. 

[22] Clearinghouse reports are general purpose, informational reports 
that do not include formal findings, conclusions and recommendations. 

[23] Two of the 29 products were internal memoranda from senior 
Commission staff to the staff director and were not intended for 
distribution to the public. Consequently, those memoranda do not meet 
the Commission's definition of a product intended for public release 
and would not routinely be expected to be subject to commissioner 
review.

[24] The full list of 13 product types not covered by the written 
guidance include background papers; briefings; briefing papers; 
briefing summaries; correspondence; executive summaries; hearing, 
consultation, and conference transcripts (The Commission defines these 
as "accurate transcripts of testimony at hearings" which the Commission 
periodically holds at headquarters and other locations throughout the 
United States); internal Commission staff memorandums; miscellaneous 
publications; project summaries; staff analyses; staff reports; and 
State Advisory Committee reports.

[25] According to the FAR, $2,500 is considered the "micro-purchase 
threshold" with certain few exceptions. Micro-purchases may be awarded 
without soliciting competitive quotations if the contracting officer or 
individual appointed in accordance with FAR 1.603-3(b) considers the 
price to be reasonable.

[26] In July 2000, GSA revised the ordering procedures for services. 
These "special ordering" procedures now apply to an order for services 
that requires a statement of work.

[27] The FAR provides that unless specifically prohibited by another 
provision of law, authority and responsibility to contract for 
authorized supplies and services are vested in the agency head. The 
agency head may establish contracting activities and delegate broad 
authority to manage the agency's contracting functions to heads of such 
contracting activities. At the Commission, the staff director, solely 
by virtue of his position as the administrative head of the agency, is 
a designated contracting official who may also award contracts and act 
as a contracting officer. 

[28] In an attempt to downplay the increasing dollar value of the 
Commission's media services contract, the staff director stated in his 
comments on a draft of this report that the fiscal year 2003 total 
vendor fees related to its media services contract were less than 
$90,000. We were not provided documentation to support of this dollar 
figure. For fiscal year 2002, however, according to documentation from 
the Commission, total vendor fees related to its media services 
contract were approximately $131,225 under a contract maximum of 
$140,000.

[29] No officials are currently employed at the Commission who 
originally awarded the initial contract for media services. Current 
Commission officials could not provide us with documentation to ensure 
that procedures had been properly followed in awarding that contract. 
Subsequent contracts for continued media services were awarded to the 
incumbent contractor.

[30] Internal control activities are the policies, procedures, 
techniques, and mechanisms that enforce management's directives, such 
as the process of adhering to requirements for budget development and 
execution. They help ensure that actions are taken to address risks and 
are considered to be essential elements of good organizational 
management. See U.S. General Accounting Office, Standards for Internal 
Control in the Federal Government, GAO/AIMD-00-21.3.1 (Washington, 
D.C.: Nov. 1999).

[31] FAR part 4.601.

[32] Executive departments and agencies are required to collect and 
report procurement data quarterly to the FPDC. The FPDC provides data 
for Congress, the executive branch, the private sector, and the public. 
The data are used to measure and assess the impact of federal 
procurement on the nation's economy, the extent to which small business 
firms and small disadvantaged business firms are sharing in federal 
procurement, the impact of full and open competition in the acquisition 
process, and other procurement policy purposes. 

[33] At the end of our review, the Commission provided us several 
documents that were purportedly submitted to the FPDC. However, the 
records were not consistent with FPDC documents. Specifically, the 
Commission sent us several completed summary contract action reports 
(standard forms 281, used to report data to the FPDC), showing contract 
data for selected quarters of fiscal years 2000-2003. According to the 
FPDC's Federal Procurement Reports for fiscal years 2000-2002, the 
Commission did not report any data in fiscal years 2000 and 2002 and 
only submitted first quarter data for fiscal year 2001. Moreover, the 
Commission's standard forms 281 covering the first three quarters of 
fiscal year 2003 are all dated August 11, 2003. According to FPDC, new 
data from the Commission regarding fiscal years 2002 and 2003 
contracting activity were received on September 26, 2003.

[34] FAR part 37.602.

[35] Prior to November 2002, federal law did not require the Commission 
on Civil Rights to prepare annual financial statements or have them 
independently audited. The Accountability of Tax Dollars Act of 2002 
(Pub. L. No. 107-289, 116 Stat. 2049) requires the Commission and other 
executive agencies, not previously required to do so by another 
statute, to begin submitting annual audited financial statements to 
Congress and OMB.

[36] OMB waived the fiscal year 2002 requirement for all covered 
agencies that had not prepared audited financial statements in the 
past, including the Commission, pursuant to a provision allowing the 
OMB Director to grant such a waiver for the first 2 fiscal years after 
the law's enactment. Additionally, the law permits the OMB Director to 
exempt a covered agency from the requirement in any given fiscal year, 
if its budget in the fiscal year does not exceed $25 million and if the 
Director determines that an audited financial statement is not 
warranted due to an absence of risks associated with the agency's 
operations, demonstrated performance, or other relevant factors.

[37] This policy likewise discourages Commission staff from contacting 
commissioners or each commissioner's special assistant, instead 
directing all inquiries through the staff director.

[38] Other commissioners we spoke with, however, believed the policy 
was implemented to allow staff to better manage its work requirements.

[39] This figure includes a one-time fee of approximately $93,000. 
Annual costs are nearly $200,000 compared with $54,000 under NFC. 
Officials at the Commission told us that the Commission had to convert 
its accounting and payment processing system as they could no longer 
use NFC, due to a decision by NFC to no longer offer accounting and 
payment processing services to non-USDA agencies.

[40] The Commission had no unfilled permanent positions at the end of 
fiscal year 1997 and had two vacancies at the end of fiscal 1998. The 
Commission had 10 unfilled positions at the end of fiscal year 1999, 9 
at the end of fiscal year 2000, and 18 at the end of fiscal years 2001 
and 2002. Although the Commission reports 3 vacancies in its Public 
Affairs Unit, Commission officials have outsourced the agency's public 
affairs function. 

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Contact:

Web site: www.gao.gov/fraudnet/fraudnet.htm E-mail: fraudnet@gao.gov

Automated answering system: (800) 424-5454 or (202) 512-7470:

Public Affairs:

Jeff Nelligan, managing director, NelliganJ@gao.gov (202) 512-4800 U.S.

General Accounting Office, 441 G Street NW, Room 7149 Washington, D.C.

20548: