905 ntal Protection i DC 20460 350R83101 Office of ictor General »rt to Congress 11 f 1 983 to imberSO, 1983 /NaJJ imental Protection Agency rtibrary t Dearborn Street Illinois 60604 is a digest version of the most'fecent 'report to Congress issued by the Office of >r General. Its purpose is to inform EPA em- did the public about our work in order to devel- ir awareness and understanding of our re- tifS.and activities. the past months, we have received tremen- 6(1 and cooperation from the Administrator Iff as we pursued our mission of improving >my and efficiency of EPA programs and .eliminate fraud, waste and abuse from the operations. We have developed a strong inter- program and improved our investigative pro- btrt much remains to be done. itly solicit the cooperation of all EPA em- our work, for only with this help can we hope j I. Listed on the back page of IG Highlights imes, locations and phone number of the Di- ispectors General for Audit and Investigations kit the country. Please contact them or the line if you desire to bring any matter to my Mention. tin r General ------- Profile of Activity and Results Environmental Protection Agency Office of Inspector General Amount April 1, 1983, to September 30, 1983 Audit Operations Questioned and Set Aside Costs $158 Million (Costs which are ineligible or lacking proper support) Sustained Costs for Recovery and Saving's $34 Million (Costs which EPA management agrees are in- eligible and is committed to recover or offset against future payments ) Cost Efficiencies or Deobligations $11 9 Million (Funds made available by implementing rec- ommendations from OIG Internal and Man- agement audits ) Total Amount Audited $2,475 Million (Reported or proposed expenditures or claims ) Audit Reports Resolved 882 (Agreement by Agency officials to take satis- factory corrective actions ) Investigation Operations Fines $75,000 Investigation Cases Opened 93 Investigation Cases Closed 51 Investigation Cases Pending (9/30/83) 223 Investigation Cases Referred for Prosecution 20 Indictments/Convictions 15 Personnel and Administrative Actions Initiated or Taken Against EPA Employees 31 Fraud Detection and Prevention Operation Debarments, Suspensions. Voluntary Exclusions and Settlement Agreements 57 (Actions to deny persons'or firms frcyn participating in EPA programs or operations because of misconduct or poor performance) Hotline Complaints Received 48 Hotline Complaints Processed and Closed 66 Proposed Legislation and Regulations Reviewed 54 ------- Investigative Activities Distribution of Open Investigation Cases By Type Total Cases Open As of September 30, 1983 = 223 Fraud Against the Government I120 Antitrust Administrative and Privacy Act Violations Coiruption and Other Conflict of Interest BH15 Theft or Abuse of Government Property or Resources HIM15 0 TO 20 50 ?00 130 Distribution of Open Investigation Cases By Office Total Cases Open As of September 30, 1983 = 223 143 Number of cases 0 10 20 50 100 150 Examples of New Prosecutive Actions Conspiracy to Rig Bids The OIG staff initiated an investigation of bidirigging on waste water treatment facilities, beginning with con- tractors who previously had been indicted and con- victed under Department of Transportation programs By analyzing numerous construction contracts in North and South Carolina, we identified a pattern of con- spiracy by contractors to rig bids resulting in 10 in- dictments and 6 convictions Bidnggmg investigations are currently being conducted in Florida, Georgia, Ala- bama, and Tennessee, and will be expanded to addi- tional states during fiscal 1984 False Claims The former city engineer of Moultne, Georgia was sent- enced on September 15, 1983, to 3 years in jail, a $10,000 fine and 2 years probation after pleading guilty of conspiring to approve payments of $90,000 based on false claims for an EPA funded project The city engi- neer approved payments for raising and replacing man- ------- hole covers and pavement, cleaning, inspecting, testing, and grouting of sewer pipe joints without the work being performed In return the engineer received a motorcycle from the contractor Embezzlement A former executive secretary of the South Dakota Association of Conservation Districts was sentenced in August 1983, for embezzling over $30,500 in State and EPA funds The executive secretary pleaded guilty to writing checks to himself, changing dollar amounts on checks written to him, filing fraudulent travel vouchers and false postage charges, and maintaining a secret checking account from which he withdrew funds for personal use. He was sentenced to 60 days under a work release program and two and one half years pro- bation. Administration Actions Four examples of administrative actions taken during the semiannual reporting period are shown below A former high-level EPA regional official made restitu- tion to the Agency in the amount of $985 for personal use of a Government telephone credit card during a 13- month period A regional office director resigned his position and reimbursed the Agency $1,811 for false travel voucher claims A high-level EPA official improperly charged 69 per- sonal long-distance commercial calls to his Agency tele- phone credit card EPA was reimbursed $480 by the employee A former employee reimbursed the Agency $229 in connection with an allegation that she altered her time- card on two occasions to reflect regular work hours in- stead of sick leave Distribution of Administrative and Prosecutive Actions By Type 1 Resignation ------- Fraud Control Activities The Inspector General participates in various activities to promote economy and efficiency in the administra- tion of EPA operations and prevent and detect fraud, waste, and abuse in EPA programs. During this reporting period the DIG: provided the Administrator with technical assistance to implement the Federal Managers' Financial Integrity Act and revised OMB Circular A-123, and, conducted an independent evaluation of the Agency's progress in im- plementing the act; conducted audits, investigations, and engineering studies resulting in the debarment or suspension of 57 recipients or contractors because of misconduct or poor performance; and, reviewed'54 pieces of! proposed legislation and regulations topdentify potential improprieties or vulner- ,abilities for fraud, waste, or mismanagement. Hotline Activities Sources of the 90 cases opened as of the end of the period. GAO 11 Complaints Disposition of the 66 cases cl.osed this period. 9 Valid Complaints EPA Employees 40 Complaints 57 Unsubstantiated Complaints Hotline complaints found to be valid result in corrective ad- ministrative or prosecutive action If you are aware of any Fraud, Waste, or Mis- management, please contact the EPA Inspector General Hotline or the appropriate Divisional Inspector General Information is confidental. Caller may be anonymous. Cash awards for cost saving disclosure. e- Call can be made from anywhere toll free. 300-2124-4000/202 (or 8 if FTS) 382-4977 ------- design and construct wastewater treatment works although the agency was not legally authorized to do so We recommended that payments to the agency be halted until the agency obtains appropriate legal author- ity for grant eligibility Untimely Review and Response to Proposed Actions May Render the Environment Unprotected. The Office of Federal Activities (OFA) was not meeting its responsibility under Section 309 of the Clean Air Act to provide comments on environmental impact state- ments and other proposed Federal actions to ensure that such actions do not threaten public health and the environment. OFA failed to issue comments in 22 of 74 cases reviewed even though draft comments were pre- pared for at least 10 of those 22 cases We recom- mended that a control log be used to track the receipt and response to all requests, and that the Director of OFA be apprised of and be held accountable for the dis- position of each case Contractor Billed EPA $600,000 in Excessive Costs. Several Contractors performing emergency cleanup ac- tions under the Superfund program overcharged the EPA more than $600,000 by billing at rates that were excessive compared to those charged on similar con- tracts. The problem of excessive rate charging was chronic because contractors were employed on an emergency basis before negotiation of terms. We rec- ommended that proper contracting and procurement controls be implemented and enforced Grantees Overcharge $3.9 Million For Waste Water Treatment Projects. In separate grant awards, Dade County Florida, Delano, California, and Houston, Texas, charged the Waste Water Treatment Works Construction Grants Program $2 4 million, $1 1 million, and $400,000 respectively for ineligible costs beyond the scope of the project or un- approved change orders We recommended recovery of these costs. Audit Resolution OIG staff and Agency officials have worked hard to re- solve more than 882 reports during this semiannual reporting period in agreeing to recover $34 2 million and deobligate $11 9 million of questioned costs However, the inventory of unresolved audit reports at the end of this period has increased from 388 to 602, requiring additional future efforts by the OIG and Agency officials to resolve all audit reports within six months This in- crease is primarily due to the issuance of 265 more au- dit reports this six month period than the last ------- Audit Activities Distribution of Audit Reports Issued By Type Total Audits Issued = 1,089 51,642 Superfund 28 Audits Internal and Management 52 Audits Grant and Contract 491 Audits Distribution of Audited Costs and Amounts Questioned or Set Aside By Type of Audit S811 S123 L I Audited Costs Questioned or Set Aside Construction S30 IHI Grant and Contract S22 $'5 Superfund Examples of Significant Audits Delays in Construction Starts Cost Agency Over $400 Million. EPA's failure to enforce its regulations for timely con- struction starts has resulted in preconstruction delays exceeding 18 months on 634 grant projects and delays exceeding four years on 22 of these grant projects De- lays have increased EPA project costs by more than $400 million while also increasing costs to local com- munities and denying water quality benefits to the pub- lic. We recommended that Agency management issue and enforce more stringent regulations, increase its effort to monitor delays and regional performance, and establish management accountability to ensure prompt construction of grant projects. EPA Awards $2 Million to Ineligible Grantee. The San Jacmto Mountain Area Water Study Agency in California was awarded more than $2 million to plan, ------- Divisional Inspectors General Eastern Division (New York) Audits Sanford Wolfe 264-5730 Investigations George Markham 264-5730 Mid Atlantic Division (Philadelphia) Audits Paul Gandolfo 597-8636 Investigations James Hagen 382-4934 Southern Division (Atlanta) Audits Leslie Buie 257-3623 Investigations Herbert Hinchman 257-3623 Northern Division (Chicago) Audits Anthony Carrollo 353-2486 Investigations Thomas Boockmeier 353-2507 Western Division (San Francisco) Audits Truman Beeler 454-7084 Investigations Jonathan Sweeney 454-8151 All numbers are FTS ------- |