oversight

Review of American Indian Policy Review Commission

Published by the Government Accountability Office on 1977-06-29.

Below is a raw (and likely hideous) rendition of the original report. (PDF)

                         DOCUMENT PRSUBE
02477 -   A1872904]
Review of American Indian Policy Review Commission. GGD-77-62;
B-114868. June 29, 1977. 6 pp. + 7 enclosures (14 pp.).

Report to Sen. J es Abourszk, Chairman, American Indian Policy
Review Commission; by Elmer B. Staats, Comptroller General.
Issue Area: Accounting and Financial Reporting (2800).
Contact: General Government Div.
Budget Function: General Government: Legislative Functions
    (801).
Congressional Relevance: Congress: American Indian Policy
    Review.
Authority: P.L. 93-580. P.L. 95-5.

          The audit of the American Indian Policy Review
  dnmission disclosed that the Commission's management and
operations were generally conducted orderly and professionally,
although in some cases inappropriate contracting procedures wre
followed and some questionable disbursements were made.
Findings/Conclusions: In accordance with existing legislation,
the Commission approved a six-member Commission staff and
established 1 task forces to gather facts and other necessary
information for the comprehensive investigation and study of
Indian affairs. At it- business meetings, the Commission acted
on policy matters an reviewed the scope, plan of operations,
and progress of the various investigative task forces. ach of
the task forces submitted the required quarterly reports and
final reports and recommendations to the Commission in a
reasonably timely manner. The Commission prepared a tentative
final report and a final report to the Congress in a timely
manner. The Commission developed a budgeting, accounting, and
financ. 1 reporting system to control its financial operations.
Budgets were developed for each task force and the Commission
staff. In three cases the Commission did not obtain the required
approval for contracts or modification before proceeding with
work. Questionable disbursements by the Commission involved
double payments for air travel, payments for consultants'
services, and travel expenses not required for official
purposes. (SC)
  ~~-     REPORT OF THE
   *:~ -COMPTROLLER    GENERAL
,*"~tOF      THE UNITED STATES



       Review Of American Indian
       Policy Review Commission
       United States Congess




        GGD-77-62                JUNE 29, 1977
               COMPTROLLER GENERAL OP THE UNrIDO STAT
                          WAHINCTON. D.C.   e




B-114868



The Bonorable James Abourezk, Chairman
American Indian Policy Review Commission
Congress of the United States

Dear Mr. Abourezk:

      This report presents the results of our audit which was
made in esponse to your August 5, 1976, letter requesting
us to review the organization, operation, management, ac-
counting, and control of the American Indian Policy Review
Commission.   Our audit was directed owa:d ascertaining
whether the Commission carried out its activities in ac-
cordance to the provisions of its authorizing legislation
and whether these activities were properly managed and con-
trolled.

BACKGROUND

     The Commission was established on January 2, 1975, by
Public Law 93-580, to conduct a comprehensive review of
Indian affairs.  The law specified (1) the Commission's or-
ganizational structures, (2) areas of Indian affairs to be
investigated, and (3) reporting requirements. The legisla-
tion authorized $2.5 million for the Commission's activities
and provided that the Commission would expire not later than
June 30, 1977. Public Law 95-5, approved February 17, 1977,
authorized an additional $00,000  for Commission activities.
ORGANIZATION AND MANAGEMENT

Commission structure

     The authorizing legislation prescribed an organizational
structure for the Commission; six members of the Commission
were appointed from the Congress--three each from the Senate
and the House of Representatives--who selected five Indians
to serve on the Commission.  The Indians included three from
Indian tribes recognized by the Government, one from a group
not recognized by the Government, and one representing urban
Indians.  (See app. I.)
B-114868


Commission staff

     In aordance with the law, the Commission approved a
six-member Commission staff (core staff), which included a
director, a general counsel, a professional staff member,
and three clerical assistants.  (See app. II.)

Task forces

     The la- required the Commiss.on to establish task
forces to gather facts and other necessary information for
the comprehensive investigation and study of Irdian affairs.
The Commission established 11 task forces to investigate the
following subjects.

     1. Trust responsibJlity and Federal-Indian relation-
        ship.

     2. Tribal government.

     3. Federal administration and structure of Indian af-
        fairs.

     4. Federal, State, and tribal jurisdi:tion.

     5. Indian education.

     6. Indian health.

     7. Reservation and resource development and protection.

     8. Urban and rural nonreservation Indians.

     9. Indian law revision, consolidation, and codification.

    10. Terminated and nonfederally recognized tribes.

    11. Alcohol and drug abuse.

     At its business meetings, the Commission acted on policy
matters and reviewed the scope, plan of operations, and pro-
gress of ace various investigative task forces.

     The law prescribed that each task force be composed of
three persons, a majority of whom should be of Indian descent.
The 33 original task force members appointed by the Commission
consisted of 31 persons of Indian descent, representing 27
different tribes, and 2 non-Indians.  (See app. III.)



                                  2
B-i14868


Support staff

     Public Law 93-580 authorized the Commission
addition to the six statutory positions, staff to to hire, in
                                                   provide
administrative and clerical support to the task forces. Pub-
lic Law 93-580, as amended in August 1975, authorized the
Commission to (1) accept voluntary contributions of services,
(2) utilize the services, information, facilities, and per-
sonnel of the Government's executive departments and agencies
with or without reimbursement., and (3) procure the services
of consultants, experts, or organizations on a temporary or
intermittant basis.

     The Commission began operating in March 1975 when the
Direct, r and General Counsel were hired; the other four statu-
tory staff positions were filled in April and June 1975.
Between June 1975 and December 31, 19,6, the Commission em-
ployed 140 different persons to provide administrative and
clerical support to the task forces; this support ranged
from 5 persons in June 1975 to 76 in June 1976.   In addition,
through December 31, 1976, the Commission hired approximately
100 consultants on an intermittent basis.

      The Commission also benefited from volunteers, donated
services and funds, and services of individuals furnished
by the Department of Health, Education, and Welfare n a non-
reimbursable basis.   (See apps. VI and VII.)  In addition,
the Committee on House Administration provided free office
space, furnishings, equipment, and utilities to the Commis-
sion.

Reporting requirements

      Public Law 93-580 specified that each task force pro-
vide quarterly progress reports to the Commission.   In adi-
tion, within 1 year from the appointment of task for.e mem-
bers, each task force was to submit to the Commission ts
final report of investigations and studies and its recommen-
dations.   The law, as amended, also required the Commission
to submit its final report and recommendations to the Presi-
dent of the Senate and the Speaker of the House of Representa-
tives within 9 months after receiving the task force reports.
The law made the director responsible for coordinating the
independent efforts of the task forces to insure that the
data in the final report and the Commission's recommendations
correlated.   In accordance with the time extension provided
by Public Law 95-5, the Commission was to submit its final
report to the Congress by May 18, 1977.



                                3
B-114868


     Each of the task for-es submitted the required quarterl
reports and its final report and roommendations to the Com-
mission in a reasonably timely manner.

     The Commission prepared a tentative final report and
distributed 1,000 copies to tribes, Indian interest organiza-
tions, Federal ad State agein-is, Members of Congress, and
others for review and comment.  After considering the review
comments the Commissin prepared and submitted its final re-
port in May 1977 to the President of the Senate and the
Speaker of ne House of Representatives.

FINANCIAL OPERATIONS. ACCOUNTING AND CONTROL

     Public Law 93-580 authorized $2.5 million for the Com-
mission's operations; it also provided that the Commission
pay salaries and expenses from the 'enate contingency fund
pending the appropriation of funds. Payments from the con-
tingency fund wre to be charged against the authorization.
Through December 31, 1976, appropriations to the Commission
totaled $2,448,878, and the Commission reported expenditures
from the Senate contingency fund of $51,084.32.  This ac-
counts for all but $37.68 of the initial authorization.
(See app. IV.)

     In addition to providing the Commission with an exten-
sion of time for submitting its final report to the Con-
gress, Public Law 95-5 authorized an additional $100,000 for
Commission expenses.

     The Commission developed a detailed budgeting, account-
ing, and financial reporting system to control its financial
operations.  Budgets were developed for each task force and
the Commission staff.  Financial statements showing the
status of task force and Commission activities were prepared
monthly.  In general, the aggregate expenses for the task
forces and the core staff as of December 31, 1976, compared
favorably with the established I)udgets. (See pp. V.)
MANAGEMENT GENERALLY SATISFACTORY

     Our examination disclosed that the Commission's manage-
ment and operations were generally conducted orderly and
professionally.  In some cases, however, inappropriate con-
tracting procedures were followed and some questionable dis-
bursements were made.




                                4
B-114868


Inappropriate contracting procedures
     In three cases the Cominission did not obtain the required
approval for contracts or modification from the Senate Commit-
tee on Rules and Administration before proceeding with work.
The Commission staff explained to us that the counsel for the
Committee on Rules and Administration had advised them that
they could proceed pending formal approval by the Committee.

     In one instance, ',e noted that the terms of a contract
were modified by a task force chairwoman to reduce the scope
of work without the prior or subsequent approval of the hair-
man of the Senate Co-:Amittee on Rules and Administration.  This
resulted in a dispute between the Commission staff and the
contractor over the amount to be paid for his services.    In
two other instances, we noted that the Committee had not ap-
proved proposed contracts until after the contractors began
working. Although there had been no problems concerning
these two contracts, the failure to obtain the required prior
approval could have had an adverse effect on the Commission's
activities.

Questionable disbursements
to be reviewed by staff

     Some payments made by the Commission, involving rela-
tively minor amounts, were questionable including (1) double
payments for air travel, (2) payments for ervices of part-
time consultants, task force consultants, and members without
proper upporting documentation, and (3) payments for travel
costs of a task force specialist which were not required for
official purposes.

     For example, our test of payments made fr Com;nission
expenses showed that a travel agency was paid $213.46 for an
airline ticket for a trip between Pendleton, Oregon, and
Denver, Colorado, on August 3-6, 1976. The traveler was also
reimbursed $213.11 on his voucher for an airline ticket cover-
ing transportation costs between the same cities on the same
dates. Also, our test showed that a task force member was
paid $384.21 for 4-days work in September 1975. The support-
ing time reports show only 3 days worked.

     We discussed the questionable disbursements with the
Commission staff who agreed to reexamine these types of dis-
bursements and to pursue recovery action where circumstances
warranted.
B-114868


SCOPE OF EXAMINATION

     We made our examination n accordance with genera'ly ac-
cepted auditing standards and included a review of the organi-
zation, operation, management, accounting, and control of the
Commission; a review of books and records and selected trans-
actions; and such other auditing procedures as we considered
appropriate.

OPINION ON FINANCIAL-STATEMENTS

     We prepared the accompanying financial statements
(schs. 1, 2, and 3) from the Commission's accounting records.
These statements did not include the cost of certain benefits
and services--such as space, utilities, and various admini-
strative services--that were furnished to the Commission with-
out ch.rge.
     In our opinion, schedules 1, 2, and 3, which were prepared
in accordance with the financial arrangements described above,
present fairly the financial position of the American Indian
Policy Review Commission at December 31, 1976, and the costs
incurred through that date.



     We are sending copies of this report to the Vice Chair-
man and the other congressional members of the American In-
dian Policy Review Commission.

                             Si       ly yours,




                             Comptroller General
                             of the United States




                                  6
SCHEDULES




  1
 SCHEDULE 1
                                                            SCHEDULE 1

            AMERICAN INDIAN POLICY REVIEW COMMISSTON

                           BALANCE SHEET

                       DECEMBER 31v 1976


                              ASSETS
Petty cash:
    In bank                                $ 1.638.19
    On hand                                     25.05
    Outstanding advan..                      2,415.00
    Unreimbursed expenditure
      receipts                                441.76    $     4,500.00
    Unexpended appropriations                               151,326.31
    Unappropriated autL rization
                                                                 37.68
        Total                                           $155,863.99

            LIABILITIES AND UNAPPLIED AUTHORIZATION
LIABILITIES:
Petty cash advance from the Senate
                                                        S     4,500.00
Accounts payable
                                                            -55;506:46
    Total
                                                        $ 60,006.46
UNAPPLIED AUTHORIZATION:
Available appropriations               S95,819.85
Authorization not funded                 -- 3.7.68          95,857;53
Total liabilities and unLpplied
  authorization
                                                        $155,863.99




                               2
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SCHEDULE 3
                                                    SCHEDULE 3

         AMERICAN INDIAN POLICY REVIEW COMMISSION
  SUMMARY STATEMENT OF SENATE CONTINGENT FUND EXPENDITURE

             MARCH-5, 1975; THROUGH JUNE 30; 1975

Compensation:
    Indian commissioners               $ 4,795.35
    Staff                               27,370.78
    Support to Commission                  696.25
    Consultants                         -5;293;59
                                                    $38,155.97
Travel:
    Indian commissioners                 4,299.30
    Staff                                  354.08
    Consultants                         -3;159.63
Other expenses                                        7,813,01
                                                     -5,115.34
Total
                                                    $51;084.32




                              4
SCHEDULE 4                                              SCHEDULE 4

          AMERICAN INDIAN'POLICY REVIEW'COMMISSION

          STATEMENT OF FUNDS PROVIDED"AND APPLIED

          MARCH 5,;1975; THROUGE DECEMBER-31;'1976


Funds provided:
    Senate Contingent;Fund                         $      51,084.32
    Appropriations                                     2,448,878.00
    Petty cash advance from the Senate                     4,500;00
        Total                                   $2;504,462;32

Funds applied:
    Commission expenses
        Senate Contingent Fund (see sch. 3)     $      51,084.32
        Appropriations (see sch. 2)                 2;353;499;91

                                                    2,404,584.23
   Cash available for expenditure                         4,058.24
   Available appropriations                              95i819;85
       Total                                    $2;504;462;32




                                    5~   ~     ~                ..
APPENDIXES




    6
APPENDIX I                                           APPENDIX I


         AMERICAN INDIAN POLICY REVIEW COMMISSION MEMBERS

CONGRESSIONAL

    Senate:
        The Honorable James Abourezk, Chairman
        The Honorable Lee Metcalf
        The Honorable.Mark O. Hatfield

    House of Representatives:
        The Honorable Lloyd Meeds, Vice Chairman
        The Honorable Sidney R. Yates
        The Honorable Sam Steiger (note a)
        The Honorable Don Young (note b)

INDIAN

    Tribes recognized by the
      Federal Government:
        Ada Deer--Menominee
        Jake Whitecrow--Quapaw-Seneca-Cayuga
        John Borbridge--Tlingit-Haida

    Tribe not recognized by
      the Federal Government:
        Dr. Adolph L. Dial--Lumbee

    Urban Indians:
        Louis R. Bruce--Mohawk-Sioux

a/Through 94th Congress.

b/Appointed in February 1977.




                                7
APPENDIX II                                        APPENDIX II


          AMERICAN INDIAN POLICY REVIEW COMMISSION

                             BASIC STAFF
Director:
    Ernest L. Stevens--Oneida

General Counsel:
    K. Kirke Kickingbird--Kiowa    (note a)
Professional staff member:
    Max I. Richtman

Clerical assistants:
    Ernestine E. Ducheneaux--Salish and Kootenai
    Rosemarie Cornelius--Sioux-Oneida (note b)
    Winona G. Jamieson--Seneca
    Carole Roop (note c)

a/Sevices terminated in November' 1976.

b/Services terminated in October 1976.

c/Appointed in October 1976.
APPENDIX III                                        APPENDIX III


           AMERICAN INDIAN POLICY REVIEW COMMISSION

               TASK FORCE STUDY AREAS AND MEMBERS
Task forces:
    l--Trust responsibility and Federal-Indian
       relationship

       HanK Adams--Assiniboine-Sioux
       John Echohawk--Pawnee
       Douglas Nash--Nez Perce

    2--Tribal government

       Wilbur Atcitty--Navajo
       Alan Parker--Chippewa-Cree
       Jerry Flute--Sisseton-Wahpeton Sioux

    3--Federal administration and the
       structure of Indian affairs

       Sam Deloria--Standing Rock Sioux
       Mel Tonasket--Colville
       Ray Goetting--Caddo

    4--Federal, State, and tribal jurisdiction

       Sherwin Broadhead
       Judge William Roy Rhodes--Pima
       Matthew Calac--Rincon

    5--Indian education

       Helen Schierbeck--Lumbee
       Abe Plummer--Navajo
       Earl Barlow-- Blackfeet (note a)
       Lorraine Misiaszek--Colville (note b)

    6--Indian health

       Dr. Everett R. Rhoades--Kiowa
       Luana Reyes--Colville
       Lillian McGarvey--Aleut
a/Resigned in January 1976.

b/Appointed in February 1976.




                                9
APPENDIX III                                       APPENDIX III


Task forces:
     7--Reservation and resource development and
        protection

        Peter MacDonald--Navajo
        Ken Smith--Warm Springs
        Philip Martin--Mississippi Choctaw

     8--Urban and rural nonreservation Indians

        Al Elgin--Pomo
        Gail Thorpe--Sac and Fox
        Edward Mouss--Creek-Cherokee

     9--Indian law revision, consolidation, and
        codification

        Peter Taylor
        Yvonne Knight--Ponca
        Browning Pipestem--Otoe-Missoura, Osage

    10--Terminated and nonfeuerally recognized
        tribes

        Jo Jo Hunt--Lumbee
        John Stevens--Passamaquoddy
        Robert Bojorcas--Klamath

    11--Alcohol and drug abuse

        Reuben Snake--Winnebago-Sioux
        Robert Morre--Seneca (note a)
        George Hawkins--Southern Cheyenne

a/Resigned in January 1976.




                              10
APPENDIX IV                                                   APPENDIX IV


              AMERICAN INDIAN POLICY REVIEW COMMISSION

                  AUTHORIZATION AND APPROPRIATIONS

                         DECEMBER 31; 1976

Total amount authorized    (Public Law 93-580)            $2,500,000.00
    Amount paid from Senate
      Contingent Fund                $      51,084.32
    fiscal year 1976 ap-
      priations (Public
      Law 94-59)                         1,500,000.00
    Transition period sn-
      priation (Public
      Law 34-59)                         a/300,000.00
    Fiscal year 1976 supple-
      mental (Public Law
      94-157)                              385,1C8.00
    Transition period supple-
      mental (Public Law
      94-157)                                a/710.00
    Fiscal year 197,' appropria-
      tion (Public Law 94-440)           b/263,000.00         2,499,962.32
    Unappropriated authorization                        c/.          37.68
a/The transition period was July 1, 1976, through Sept. 30,
  1976.

b/Public Law 94-440 pro,7ided that not to exceed $100,000 of
  the funds appropriated for the Commission for fiscal year
  1976 and the transition period shall remain available
  until June 30, 1977.

c/Public Law 95-5 provided    he CommissAion with an additiona
  $100,000 authorization.




                                11
  APPENDIX V
                                                                    APPENDIX V


                    AMERICAN INDIAN POLICY REVIEW COMMISSION

                       COMPARISON OF BUDGETS AND EXPENSES

                         FOR TASK FORCES AND CORE STAFF

                    MARCH 5, 1975, THROUGH DECEMBER 31,      1976
                                       Expenses
                                   MarL.) 5, 1975,    Percent
   Classifi-                           through
    cation                                              of
                       Budget     December 31, 1976   budget          Balance
Task forces:

      1            $    91,208    $    88,327.30        96.8    $     2,880.70
     2                 111,442        110,964.31       99.6             477.69
     3                 143,025        146,475.86      102.4          (3,450.86)
     4                 111,733        115,451.39      103.3          (3,718.39)
     5                 124,642        126,244.30      101.3
     6                                                               (1,602.30)
                        80,100         95,516.58      119.2         (15,416.58)
     7                 1L0,673        108,648.25       98.2           2,024.75
     8                 109,875        111,355.98      101.3          (1,480.98)
     9                  99,333         89,748.78       90.4           9,584.22
    10                 120,535-       126,185.21      104.7          (5,650.21)
    11                  73,325         72,450.84       98.8             874.16
    Task force
      total
      (note a)      1,175,891      1,191,368.80       101.3
    Core staff                                                      (15,477.80)
      (note b)      1,265,187      1,162,131.11        91.9
    Total appro-                                                103,055.89
      priated
      funds         2,441,078      2,353,499.91        96.4
    Total core                                                      87,578.09
      staff
      (note b)
      contingent
      fund             75,385         51,084.32       67.8          24,300.68
Total              $2,516,463     $2,404,584.23       95.6     $111,878.77
a/Includes expenses of task force members, specialists,
  and consultants only.                                 researchers,

b/Includes expenses of Commission members, general
                                                   consultants,         core
  staff members, and assistance to task forces.




                                      12
APPENDIX VI                                                                                                                                                                                                         APPENDIX VI

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APPENDIX VII                                          APPENDIX VII


               AMERICAN   NDTAN POLICY REVIEW COMMISSION

               EXAMPLES OF PRINTING AND OTHER DONATIONS

                                   Number
                                     of           Furnished
                                   copies      without cost to
   Printed material                 each        Commission by:

Task force reports no. 1                      Government Printing
  through nc. 11                   1,000        Office
Bureau of Indian Affairs--
  Management Study                 1,000              do.
Special Joint Task Report
  on Alaskan Native Issues         1,000              do.
Interim Task Force Report          5,000      Union Carbide Cor-
                                                poration
Summary Task Force Reports         5,000              do.
Nations Wj-.hin a Nation           5,000.             do.

                                 Estimated
  Other donations                  value           Donors

"Act Now"--narrative film                     Union Carbide Cor-
  describing Commission           $50,000       poration
Funding for questionnaires
  and interviews - Task
  force no. 2                      50,000     Donner Foundation




                                  14