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entitled 'Legal Services Corporation: Improvements Needed in Controls 
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Report to the Ranking Member, Committee on Finance, U.S. Senate: 

United States Government Accountability Office: 
GAO: 

June 2010: 

Legal Services Corporation: 

Improvements Needed in Controls over Grant Awards and Grantee Program 
Effectiveness: 

GAO-10-540: 

GAO Highlights: 

Highlights of GAO-10-540, a report to the Ranking Member, Committee on 
Finance, U.S. Senate. 

Why GAO Did This Study: 

The Legal Services Corporation (LSC) was created as a private, 
nonprofit corporation to support legal assistance for low-income 
individuals on civil legal matters, primarily through federal grants 
and is primarily funded through federal appropriations. Effective 
internal controls over grant awards and oversight of grantees’ 
performance are critical to LSC’s mission. GAO and the LSC Inspector 
General have previously reported weaknesses and made recommendations. 
GAO’s objectives for this report were to determine the extent to which 
LSC (1) implemented key internal controls in awarding and overseeing 
grantees, (2) measured its performance, (3) evaluated staffing needs, 
and (4) adhered to its budget execution processes. 

GAO analyzed key records and prior recommendations as well as 
interviewed LSC officials regarding LSC’s internal control and 
performance frameworks, staffing, and contract processes. 

What GAO Found: 

Although LSC’s controls over reviewing and awarding grants are 
intended to help ensure fair and equitable consideration, they need 
improvement. Final award and fund decisions are documented and 
approved; however, LSC’s grant application evaluation process and 
associated decisions were not documented, including key management 
discussions in the evaluation process. This lack of documentation of 
factors considered in making these decisions increases the risk that 
grantee application evaluation and funding decisions may not consider 
all key relevant information and makes it difficult to describe the 
basis for decisions later. In addition, LSC has no requirement for 
carrying out and documenting managerial review and approval of 
competitive grant evaluations or renewals, limiting its ability to 
identify gaps or incompatible data in applications. Although LSC has 
efforts underway to ensure it visits all grantee sites at least once 
every 3 years, LSC did not consistently or explicitly document the 
application of risk criteria when selecting which grantees to visit, 
complete timely site visit reports, or track the recommendations from 
the site visits. These weaknesses hindered LSC’s ability to 
effectively oversee grantees. 

LSC is not required to follow the Government Performance and Results 
Act but has developed a Strategic Directions document with some 
performance measures. However, these measures do not reflect all of LSC’
s core activities and are not linked to its two primary offices for 
awarding and overseeing grants. Therefore, LSC cannot effectively 
measure its performance in several key dimensions, such as identifying 
and targeting resources in addressing the most pressing civil legal 
needs of low-income individuals across the nation. 

LSC has not systematically assessed its long-term staffing needs to 
achieve strategic goals and objectives, which could help ensure it has 
the staff capabilities needed to meet its short- and long-term goals. 
LSC has not consistently provided performance reviews for all of its 
staff, limiting opportunities to encourage high performance, identify 
training needs, and communicate with staff. 

At times, LSC did not adhere to its budget execution process in 
awarding contracts supporting its key grant-making responsibilities. 
Because officials did not follow LSC’s approval controls for two 
contracts and there was a breakdown in tracking funds, LSC had a 
budget shortfall of $70,000 in 2009. 

Missing or flawed internal controls limit LSC’s ability to effectively 
manage its grant award and grantee performance oversight 
responsibilities. Although LSC has taken steps to address all 17 GAO 
recommendations identified in prior work, several have yet to be fully 
addressed. In the near term, it will be important for LSC leadership 
to address both current and continuing weaknesses. For the long term, 
LSC will need to focus on strengthening its overall system of internal 
controls in order to establish a solid basis for effectively 
accomplishing its core mission. 

What GAO Recommends: 

GAO makes recommendations to LSC management to improve internal 
controls over grant awards and oversight including such key areas as 
(1) documenting specific controls over the grant application review, 
evaluation, and approval processes, (2) implementing a tracking system 
for LSC’s recommendations, and (3) establishing comprehensive 
performance measures linked to responsible offices. LSC agreed with 
GAO’s recommendations. 

View [hyperlink, http://www.gao.gov/products/GAO-10-540] or key 
components. For more information, contact Susan Ragland at (202) 512-
9095 or raglands@gao.gov. 

[End of section] 

Contents: 

Letter: 

Background: 

Controls over Grant Application Review and Award Process Need 
Improvement: 

Control Weaknesses Hinder LSC's Ability to Oversee Grantees and Ensure 
Compliance: 

Performance Measures Could Be Better Aligned with Core Activities and 
Organizational Responsibilities: 

LSC Management Has Not Consistently Focused on Key Human Capital 
Issues: 

Controls over Contract Approval and Budgetary Tracking Were Not Always 
Effective: 

Conclusions: 

Recommendations for Executive Action: 

Agency Comments and Our Evaluation: 

Appendix I: Objectives, Scope, and Methodology: 

Appendix II: Prior GAO Reports Recommendation Status: 

Appendix III: Comments from Legal Services Corporation: 

Appendix IV: GAO Contact and Staff Acknowledgments: 

Tables: 

Table 1: Timeliness of OCE Site Visit Reports: 

Table 2: Status of August 2007 GAO Report Recommendations on 
Governance Practices to LSC Board of Directors: 

Table 3: Status of August 2007 GAO Report Recommendations on 
Management Practices to LSC Management: 

Table 4: Status of December 2007 GAO Report Recommendations on Grants 
Management to LSC Management and Board: 

Figures: 

Figure 1: Comparison of OPP and OCE Staffing to Total LSC Staffing 
(1999 through 2009): 

Figure 2: LSC Organization Chart: 

Figure 3: Overview of the LSC Grant Award Process: 

[End of section] 

United States Government Accountability Office:
Washington, DC 20548: 

June 11, 2010: 

The Honorable Charles E. Grassley: 
Ranking Member: 
Committee on Finance: 
United States Senate: 

Dear Senator Grassley: 

The Legal Services Corporation's (LSC) mission is to make federal 
funding available to support the provision of legal assistance in 
civil matters to low-income individuals throughout the United States. 
LSC pursues this mission primarily by making grants to legal service 
providers who serve low-income individuals otherwise unable to afford 
such legal assistance. Because of the recent economic recession and 
accompanying increase in housing foreclosures, LSC grantees' services 
are in high demand. 

Established by charter in 1974 as a federally funded private, 
nonprofit corporation, LSC is dependent on federal appropriations for 
the vast majority of its operations. In fiscal year 2009, LSC received 
over 99 percent of its funding from federal appropriations--totaling 
$390 million[Footnote 1]--and the remaining less than 1 percent 
(approximately $1.7 million) from grants it received through the 
Department of Veterans Affairs. Since LSC pursues its mission 
primarily by making federally funded grants[Footnote 2] to legal 
service providers, the effectiveness of LSC's controls over (1) grant 
awards and overall monitoring of grantee program quality, and (2) 
grantee compliance are key to LSC's mission. Controls over grant 
awards and monitoring of grantee program performance include those 
relied on for awarding competitive grants, encouraging competition, 
and developing and implementing strategies to improve grantee program 
quality and efficiency, including promoting and supporting enhanced 
and strategic utilization of technology by LSC grantee programs to 
improve clients' and communities' access to services. Controls over 
grantee compliance include those relied on to ensure grantees' 
compliance with the Legal Services Corporation Act (LSC Act) and its 
implementing regulations,[Footnote 3] respond to inquiries and written 
complaints concerning grantees received from members of the public or 
Congress, and provide follow up on the referrals of findings from 
LSC's Office of Inspector General. 

We issued two reports in 2007 that identified weaknesses in LSC's 
internal controls over grant awards and monitoring of program 
effectiveness.[Footnote 4],[Footnote 5] LSC has completed action on 11 
recommendations. For example, LSC established an audit committee 
function to provide oversight to LSC's financial reporting and audit 
process; established a shorter time frame for issuing LSC's audited 
financial statements; established a comprehensive and effective 
continuity of operations plan program; and performed follow up on all 
improper or potentially improper uses of grant funds that we 
identified in our prior report.[Footnote 6] However, 6 out of 17 
recommendations remain to be fully implemented. These include 
recommendations in such key LSC grant award and compliance areas as 
(1) developing and implementing procedures to periodically evaluate 
key management processes, including, at a minimum, processes for risk 
assessment and mitigation, internal control, and financial reporting; 
(2) implementing an approach for selecting grantees for internal 
control and compliance reviews that is founded on risk-based criteria, 
uses information and results from oversight and audit activities, and 
is consistently applied; and (3) developing and implementing policies 
that clearly delineate organizational roles and responsibilities for 
grantee oversight and monitoring, including grantee internal controls 
and compliance. Appendix II provides a summary of the status as of 
April 2010 of our prior recommendations. Further, a 2009 LSC Inspector 
General audit identified questionable fiscal practices related to 
grants in following up on our December 2007 report.[Footnote 7] 

The objectives of this report are to determine the extent to which LSC: 

* properly implemented key internal controls in awarding grants and 
overseeing grantee program performance; 

* measured its performance in awarding grants and overseeing[Footnote 
8] grantees; 

* evaluated staffing needs for grant awards management and grantee 
performance oversight; and: 

* followed appropriate budget execution processes for awarding 
contracts related to grants award and grantee performance and 
oversight. 

To address the first two objectives, we interviewed current members of 
LSC's management and staff, staff in LSC's Office of Inspector General 
(OIG), and the audit firm employed by the OIG to obtain information on 
the functions and processes of LSC's grant awards and monitoring of 
grantee program performance and grantee compliance. We also reviewed 
LSC documentation on internal control activities related to the 
awarding of grants and oversight of grantee programs. In addition, we 
selected a probability sample of grant applications and application 
evaluations and compared evaluation results with instructions in LSC 
Grants, a computer-based grants application system. We analyzed the 
document setting out LSC-wide and component-specific goals and 
performance measures and compared this to federal guidance on 
performance measurement. We also observed LSC site visits at two 
grantees--in Indianapolis and Philadelphia. To obtain information on 
LSC controls for assessing staffing needs for its grants functions, we 
interviewed LSC management and reviewed policies and procedures. We 
compared LSC's staffing needs assessment processes to federal best 
practices in workforce planning principles.[Footnote 9] To obtain 
information on controls over contract approval and budget execution, 
we reviewed relevant policies, procedures and guidance and tested 
contracts. For each of our objectives we compared the information 
obtained with federal best practices in internal control in our 
Standards for Internal Controls in the Federal Government.[Footnote 
10] Appendix I contains a more complete description of our scope and 
methodology. We conducted our work in Washington, D.C.; Indianapolis, 
Indiana; and Philadelphia, Pennsylvania; from March 2009 to May 2010 
in accordance with generally accepted government auditing standards. 
Those standards require that we plan and perform the audit to obtain 
sufficient appropriate evidence to provide a reasonable basis for our 
findings and conclusions. We believe the evidence obtained provided a 
reasonable basis for our audit findings and conclusions. 

Background: 

LSC relies heavily on its Office of Compliance and Enforcement (OCE) 
and its Office of Program Performance (OPP) to carry out activities 
related to grant awards, grantee program effectiveness, and grantee 
compliance responsibilities. According to LSC officials, LSC 
established OCE in 1997 and OPP in 1999 to (1) help ensure compliance 
with requirements of the LSC Act, and (2) evaluate, fund, monitor and 
oversee grantee programs, including quality of services provided. 
Figure 1 shows staffing levels for OPP and OCE and LSC overall between 
1999 and 2009. 

Figure 1: Comparison of OPP and OCE Staffing to Total LSC Staffing 
(1999 through 2009): 

[Refer to PDF for image: stacked vertical bar graph] 

Number of employees: 

Fiscal year: 1999; 
Office program performance: 14; 
Office compliance and enforcement: 11; 
Total LSC employees (does not include OIG staff): 78. 

Fiscal year: 2000; 
Office program performance: 17; 
Office compliance and enforcement: 11; 
Total LSC employees (does not include OIG staff): 87. 

Fiscal year: 2001; 
Office program performance: 21; 
Office compliance and enforcement: 17; 
Total LSC employees (does not include OIG staff): 99. 

Fiscal year: 2002; 
Office program performance: 25; 
Office compliance and enforcement: 18; 
Total LSC employees (does not include OIG staff): 98. 

Fiscal year: 2003; 
Office program performance: 24; 
Office compliance and enforcement: 18; 
Total LSC employees (does not include OIG staff): 102. 

Fiscal year: 2004; 
Office program performance: 24; 
Office compliance and enforcement: 17; 
Total LSC employees (does not include OIG staff): 97. 

Fiscal year: 2005; 
Office program performance: 21; 
Office compliance and enforcement: 16; 
Total LSC employees (does not include OIG staff): 90. 

Fiscal year: 2006; 
Office program performance: 26; 
Office compliance and enforcement: 17; 
Total LSC employees (does not include OIG staff): 93. 

Fiscal year: 2007; 
Office program performance: 24; 
Office compliance and enforcement: 16; 
Total LSC employees (does not include OIG staff): 86. 

Fiscal year: 2008; 
Office program performance: 22; 
Office compliance and enforcement: 16; 
Total LSC employees (does not include OIG staff): 82. 

Fiscal year: 2009; 
Office program performance: 26; 
Office compliance and enforcement: 20; 
Total LSC employees (does not include OIG staff): 91. 

Source: GAO analysis of LSC policies and procedures. 

[End of figure] 

As shown in figure 2, the Directors of OPP and OCE report to the Vice 
President for Programs and Compliance, who reports to the LSC 
President. LSC's President reports to an LSC board composed of 11 
members. In April 2010, the 11 member board was undergoing transition, 
with: 1 board member continuing, 6 of the remaining 10 being sworn in 
during April, 2 board members awaiting to be named, and 2 others 
awaiting Senate confirmation. 

Figure 2: LSC Organization Chart: 

[Refer to PDF for image: organization chart] 

Top level: 
LSC Board of Directors; 
* Office of the Inspector General (directly reports to the BOD). 

Second level: 
* President of LSC[A] (directly reports to the BOD). 

Third level, direct reporting to President of LSC: 
* Vice President for Programs and Compliance; 
* Chief Administrative Officer; 
* Vice President of Legal Affairs,[A] General Counsel,[A] and 
Corporate Secretary, Office of Legal Affairs (also indirectly reports 
to BOD). 

Fourth level, direct reporting to Vice President for Programs and 
Compliance: 
* Director, Office of Compliance and Enforcement (OCE); 
* Director, Office of Program Performance (OPP); 
* Director, Office of Information Management. 

Fourth level, direct reporting to Chief Administrative Officer: 
* Director, Office of Information Technology; 
* Director, Office of Human Resources; 
* Treasurer, Comptroller, Office of Financial and Administrative 
Services (also indirectly reports to President of LSC and BOD). 

Fourth level, direct reporting to President of LSC: 
* Director, Office of Government Relations and Public Affairs. 

Source: LSC. 

[A] These positions are occupied by the same individual. 

[End of figure] 

According to the LSC Vice President of Programs and Compliance's goals 
and objectives document (LSC workplan), the Vice President for 
Programs and Compliance is responsible for coordinating OPP and OCE; 
implementing efforts to improve LSC's oversight of grantees; assessing 
LSC component directors' staffing allocations and assignments; 
conducting quarterly joint staff meetings and training sessions; and 
overseeing LSC's internal quality agenda, including providing staff 
training. In accordance with the LSC Workplan, the Vice President for 
Programs and Compliance also oversees LSC's grantee compliance and 
program functions, with emphasis on intra-office coordination, 
improved grantee guidance, and improved grantee follow-up activities 
by OCE and OPP. 

According to LSC's policy and the 2009 OPP Procedures Manual, OPP's 
responsibilities include designing and administering LSC's process for 
awarding competitive grants, and developing and implementing 
strategies to improve grantee program quality.[Footnote 11] In 
carrying out its responsibilities, OPP is to issue requests for 
proposals, guide grant applicants through the application process, and 
evaluate applications against performance criteria. 

According to the 2008 Roles and Responsibilities of LSC Offices 
Responsible for Grantee Oversight, OCE is charged with reviewing 
grantees' compliance with the LSC Act and implementing regulations, 
responding to inquiries and written complaints concerning grantees 
received from members of the public or Congress, and providing follow 
up on the referrals of findings from LSC's Office of Inspector 
General.[Footnote 12],[Footnote 13] In carrying out its 
responsibilities, OCE is to conduct grantee case[Footnote 14] service 
reports and case management system site visits; review grantee 
compliance with the LSC accounting manual and fiscal-related 
regulations; review the audited financial statements of grantees; and 
initiate questioned-cost proceedings as necessary.[Footnote 15] To 
increase compliance, OCE is also responsible for issuing corrective 
action notices to grantees and for following up on corrective action 
plans through conducting interviews, reviewing grantee corrective 
action plans, and performing follow-up reviews. 

Figure 3 presents an overview of LSC grant award process 
responsibilities as prescribed by LSC's policies and procedures. 

Figure 3: Overview of the LSC Grant Award Process: 

[Refer to PDF for image: illustration] 

Request for Proposal (RFP): 
Applicants are to submit electronic grant applications to LSC using 
the LSC Grants system. 

Grant application evaluation process: 
OPP staff are to evaluate grant applications, and enter assessments 
and funding term recommendations into the LSC Grants system. The OCE 
and OIG are to provide feedback to OPP regarding the applicants based 
on reviews, complaint investigations, etc. For multiple applicant 
service areas, staff are to conduct capability assessments of each of 
the applicants for the service area; prepare capability assessment 
reports; and convene an independent review panel that assesses the 
capacities of the applicants. Staff and the review panel are to 
prepare written funding recommendations; both of which are to be 
presented to the President. 

Management review and approval: 
For single applicant service areas, staff are to meet with the OPP 
management and the Grants Manager to discuss the grant applications 
and staff’s evaluations, proposed special grant conditions, and 
funding term recommendations. Subsequently, the Vice President for 
Programs and Compliance, the directors of OPP and OCE, Grants Manager 
and other staff as appropriate are to meet to review the grant 
applications and staff’s evaluations, proposed special grant 
conditions and funding recommendations. The final funding term 
recommendations and special grant conditions are then to be reviewed 
with the President. 

Funding decision: 
The LSC President is to make the final grantee funding decisions. 

Source: GAO analysis of LSC policies and procedures. 

[End of figure] 

In addition, the Office of Legal Affairs (OLA) has some 
responsibilities with respect to LSC's grantee oversight. 
Specifically, according to the Roles and Responsibilities of LSC 
Offices Responsible for Grantee Oversight, OLA, headed by a Vice 
President of Legal Affairs who reports to LSC's President, is 
responsible for providing legal services for LSC, such as interpreting 
statutory and regulatory authorities applicable to LSC grantees and 
approving contracts prior to award. OPP and OCE and other operating 
units seek legal counsel and information from OLA on application of 
relevant laws and regulations, as well as legal issues arising from 
oversight and enforcement activities.[Footnote 16] 

Controls over Grant Application Review and Award Process Need 
Improvement: 

LSC controls over reviewing and awarding grants are intended to help 
ensure the fair and equitable consideration of applicants. Recently 
LSC has taken action intended to improve controls in this area. For 
example, LSC enhanced documentation of its grant application 
evaluation process through its 2010 Reader Guide. In addition, the LSC 
grants system contains detailed application evaluation questions based 
on the LSC Performance Criteria, and LSC has developed training 
materials and provided training to OPP personnel on the application 
evaluation process. However, at the time of our review, we found LSC's 
controls over reviewing grantee applications and awarding grants were 
deficient in the following areas: 

* documenting grant award decisions, 

* carrying out and documenting management review of grant 
applications, and: 

* using automated grantee data available in the LSC Grants system. 

These deficiencies increase the risk that LSC may not be considering 
all relevant information in a consistent manner, limit LSC's ability 
to explain the results of award decisions, and have resulted in 
incomplete and inaccurate information in the LSC grants grantee 
application evaluations. 

Grant Application Evaluations and Decisions Lacked Supporting 
Documentation: 

LSC's grant application evaluation process and basis for the resulting 
decisions were not clearly documented, including key management 
discussions in the evaluation-making process. 

According to the Standards for Internal Control in the Federal 
Government,[Footnote 17] all significant events should be clearly 
documented, and readily available for examination. We found LSC 
procedures did not require, nor did the staff maintain, a 
comprehensive record documenting (1) the extent to which management 
held discussions and considered all available, relevant information in 
the grant funding decision-making process for each applicant, and (2) 
that a complete record of the deliberative process (i.e., inputs, 
discussions, decisions made) was used, leading up to a grant 
application being funded or denied by LSC. Instead, LSC uses 
presentation notebooks, including multiple data sources, including 
grant applicant information, which are prepared for OPP staff funding 
recommendation presentations to OPP management and later for 
presentations to LSC management and the LSC President. Final grant 
award decisions are summarized in a chart initialed by responsible 
staff, LSC management and the President and individual grant award 
letters are certified by the LSC President. 

LSC's procedures provided for documenting summaries of grantee 
application data. Specifically, LSC procedures required a one-page 
applicant overview and a two-page program summary for each applicant. 
OPP staff prepare the one-page applicant overview to document (1) 
information (such as poverty levels) about the applicant's service 
area,[Footnote 18] (2) an overall score based on the reviewer's 
evaluation, and (3) whether there are any special grant conditions, 
such as those due to prior grantee problems, including noncompliance 
with LSC regulations. OPP staff also prepare a two-page program 
summary that is to document their assessment of the grantee 
considering past performance as well as information in the application 
related to the following four performance areas: 

(1) effectiveness in identifying the most pressing civil legal needs 
of low-income people in the service area and targeting resources to 
address those needs, 

(2) effectiveness in engaging and serving the low-income population 
throughout the service area, 

(3) effectiveness of legal representation and other program activities 
intended to benefit the low-income population in the service area, and: 

(4) effectiveness of governance, leadership, and administration. 

According to the Vice President for Programs and Compliance, while not 
explicitly required to do so by current LSC procedures, LSC officials 
also develop and use other data and analyses in addition to these two 
summary documents. Specifically, LSC staff prepare other relevant 
information and record the information in notebooks, such as the 
results of prior site visits. LSC staff use these notebooks to 
facilitate discussions with management about prospective grantee 
awards. However, the extent to which this other relevant information 
influenced award decisions was not documented. 

During a part of our review, we were not able to determine the extent 
to which the information in any of the notebooks we obtained was used 
or how it was considered in the funding decisions. LSC managers held a 
series of meetings where funding and award decisions were discussed. 
Following these meetings, LSC staff prepared a funding decision chart 
that was initialed by the Director of OPP, Vice President for Programs 
and Compliance, and the LSC President to document the final funding 
decisions. This chart, however, does not document how the managers' 
consideration of various elements or relative risks contributed to the 
final decisions. 

Therefore, this lack of documentation of the factors considered in 
making these decisions increases the risks that grantee application 
evaluation and funding decisions may not consider all key, relevant 
information and makes it difficult to describe the basis for decisions 
later. 

Grant Application Evaluation Process Lacked Requirements for 
Managerial Review: 

LSC has no requirement for carrying out and documenting OPP Director 
managerial review and approval of competitive grant[Footnote 19] 
evaluations or renewals by the OPP primary staff reviewers. According 
to the Standards for Internal Control in the Federal Government, 
[Footnote 20] control activities, such as conducting and documenting 
reviews, are an integral part of an entity's stewardship of government 
resources and achieving effective results. 

Existing LSC guidance, such as the 2010 Reader Guide, provides that 
each application be reviewed against specific elements (derived from 
the LSC Performance Criteria and the ABA Standards for the Provision 
of Civil Legal Aid). The Guide is used in conjunction with an 
automated evaluation form in LSC Grants that reviewers use to record 
their assessments of each grant application. However, the guidance 
does not provide specific steps to carry out or document management 
review of the application evaluation in the LSC grants system. 
Consequently, the OPP grant application evaluations we reviewed lacked 
any evidence in LSC Grants that the OPP Director had reviewed them. 
The OPP Director did not sign any of the evaluation forms we reviewed 
in the LSC grants system, a key internal control activity. 
Specifically we selected a probability sample of 80 grantees from a 
population of 140, which encompassed 57 renewal applications and 23 
competitive grant applications. We found that none of the 80 (100 
percent)[Footnote 21] grant files contained any documentation 
demonstrating that managers had reviewed and approved the OPP staffs' 
evaluation of the application.[Footnote 22] This lack of documented 
management review impairs LSC's ability to identify gaps or 
incompatible data in the applications or evaluations prior to making 
the grant award. We found instances where an effective OPP manager's 
review should have identified and corrected evaluation errors. For 
example, we identified 14 grant applications where the reviewer 
incorrectly identified projected expenses for the grant as matching 
the projected expenditures in another section of the application. 
[Footnote 23] 

Full LSC Grants System Capabilities Not Utilized: 

LSC Grants is a computer-based application intended to assist LSC in 
data collection and review of applications submitted in response to an 
LSC Request for Proposal. However, because LSC's Grants system lacked 
basic automated controls to ensure integrity over information in the 
system related to its grants application evaluation process, the 
system's full capabilities were not utilized. The Standards for 
Internal Control in the Federal Government[Footnote 24] provide that 
entities should have application controls designed to help ensure the 
completeness and accuracy of transactions. 

Specifically, we found the data in LSC Grants was erroneous and 
inconsistent because the system did not have edit checks preventing 
the OPP staff reader from entering incomplete or incompatible data. 
Lacking complete and reliable grantee applicant evaluation data in LSC 
Grants, required LSC management to instead rely on inefficient, manual 
compilation and review of grantee application evaluation data in 
making decisions about whether to approve and fund a grantee. 

Our review found 7 of the 57 (12 percent)[Footnote 25] renewal 
grantees' files had input fields that were blank and required 
information was not included. Similarly, we found 3 of the 23 
competitive grantees (13 percent)[Footnote 26] where essential grantee 
evaluation data were not filled out. We also found numerous instances 
in both the renewal grantees, 15 out of 57 (26 percent)[Footnote 27] 
and competitive grantees, 6 out of 23 (26 percent),[Footnote 28] where 
grantees entered data in different parts of the grant application and 
the data were inconsistent. In addition, we found one grantee where 
the grant was to be funded with restrictions on the length of the 
grant term. However, the space where the reason for this restriction 
was required was left blank by the OPP staff. According to LSC, the 
evaluation process relies on both a qualitative and substantive 
analysis of an applicant's proposal narrative to assess its capacity 
to provide high quality legal services. OPP staff's judgment inherent 
in the substantive evaluation cannot be flagged or assessed by 
information validation fields. Nonetheless, LSC acknowledged the 
consistency and accuracy of information within the application can be 
addressed. LSC management also informed us that it is reviewing the 
LSC grants system for improvements. 

LSC's external auditor's 2008 report[Footnote 29] identified similar 
issues concerning inconsistent documentation of grantee evaluations. 
The auditor noted incomplete data in the grants system, used prior to 
LSC Grants, for 12 out of 32 grantee evaluations. The auditor 
recommended that the Office of Program Performance establish 
procedures to ensure that evaluation forms are properly completed 
before grant awards are made. 

Control Weaknesses Hinder LSC's Ability to Oversee Grantees and Ensure 
Compliance: 

While LSC recognized the importance of grantee site visits and had 
established overall policies and reasonable risk-based criteria to be 
used for such visits, it had not yet established detailed procedures 
on (1) conducting and documenting site visit selection, (2) timely 
completion of site visit reports, and (3) timely resolution of site 
visit recommendations and corrective actions.[Footnote 30] Control 
weaknesses hampered effective grantee site visits. These control 
weaknesses hinder LSC's ability to effectively oversee its grantees' 
compliance with LSC regulations and limits its ability to ensure 
grantees are visited according to their relative risk levels and that 
any compliance issues are identified and resolved in a timely manner. 

Risk Assessment Process for Program Visits Not Documented or 
Consistently Applied: 

We observed good site visit planning techniques and interview 
execution in Philadelphia, Pennsylvania, and Indianapolis, Indiana. We 
also noted that LSC has an overall goal that provides for grantee site 
visits at least once every 3 years; however, LSC did not have 
procedures detailing how identified risks factors are to be used in a 
risk-based determination of which grantees should receive site visits 
by either OPP or OCE personnel. According to the Standards for 
Internal Control in the Federal Government,[Footnote 31] management's 
internal control assessment should consider identified risks and their 
possible effect. By not formally documenting specific procedures on 
how risk assessment criteria are to be used in decisions about which 
sites to visit, LSC does not have adequate assurance that grantees 
with the greatest risk of noncompliance receive priority attention and 
oversight. 

In a prior GAO report,[Footnote 32] we recommended that LSC develop 
and implement an approach for selecting grantees for internal control 
and compliance reviews that is founded on risk-based criteria, uses 
information and results from oversight and audit activities, and is 
consistently applied. Although LSC has identified risk factors to 
consider,[Footnote 33] as of April 2010 it did not yet have procedures 
for how each risk factor is to be applied or considered when 
determining which grantee sites to visit. 

OPP officials told us that their program liaisons make recommendations 
for visits, which are reviewed by the three OPP regional teams (North, 
South and West). Then OPP meets as a group to discuss the teams' 
recommendations and make preliminary recommendations for the next 
year's visits. The OPP director and deputy director meet with the OPP 
regional teams when those recommendations are made and with all of OPP 
program staff to make final recommendations. After consultations with 
OCE, OPP's recommendations are sent to the Vice President for Program 
Performance and Compliance. The deputy director and director approve 
the final list when they send it to the Vice President for Program 
Performance and Compliance for approval. However, we found no 
documentation demonstrating whether regional teams appropriately 
applied the risk factors, nor whether risk assessment results were 
summarized consistently in making the final recommendations for site 
visits. 

OCE Site Visit Reports Have Not Been Timely: 

As shown in table 1, our review of all OCE site visit reports on 
grantee compliance, completed between October 2007 and July 2009, 
showed that 15 of 22 exceeded the 120 day goal set for reporting on 
grantee compliance. OCE's Procedures Manual provides that OCE's 
grantee compliance site visit final reports are to be issued within 
120 days of each site visit trip's completion. According to LSC, the 
OCE Procedures Manual was updated in April 2008 to establish a time 
frame of 120 days for completing site visits. Overall, our analysis 
showed that the average length of time required to complete the OCE 
site visit reports was about 150 days. 

Table 1: Timeliness of OCE Site Visit Reports: 

Type of report: Program integrity[A]; 
Total completed between October 5, 2007 and July 15, 2009: 2; 
Number of reports completed > 120 days: 2; 
Average calendar days to complete: 183.5; 
Number pending: 2; 
Longest: 221; 
Shortest: 146; 
Longest pending as of July 15, 2009: 96. 

Type of report: Case reviews[B]; 
Total completed between October 5, 2007 and July 15, 2009: 12; 
Number of reports completed > 120 days: 11; 
Average calendar days to complete: 166.7; 
Number pending: 4; 
Longest: 299; 
Shortest: 89; 
Longest pending as of July 15, 2009: 264. 

Type of report: Follow-up reviews[C]; 
Total completed between October 5, 2007 and July 15, 2009: 8; 
Number of reports completed > 120 days: 2; 
Average calendar days to complete: 100.5; 
Number pending: 4; 
Longest: 266; 
Shortest: 18; 
Longest pending as of July 15, 2009: 131. 

Type of report: Overall; 
Total completed between October 5, 2007 and July 15, 2009: 22; 
Number of reports completed > 120 days: 15; 
Average calendar days to complete: 150.2; 
Number pending: 10; 
Longest: 299; 
Shortest: 18; 
Longest pending as of July 15, 2009: 264. 

Source: GAO Analysis of LSC data (as of July 15, 2009). 

[A] Program integrity reviews, required by LSC regulations in 45 
C.F.R. § 1610.8, are performed in order to ensure that grantees 
maintain objective integrity and independence from other organizations 
that engage in activities restricted by the LSC Act. 

[B] Case reviews refer to Case Service Report/Case Management System 
reviews (CSR/CMS) which assess and determine compliance by the 
grantees with LSC regulations and guidelines, as well as the case 
management and CSR reporting compliance of the grantees. 

[C] Follow-up reviews (FUR) are conducted when necessary to assess the 
extent to which grantees have implemented corrective action measures 
or program improvement recommendations. 

[End of table] 

Delays in formally communicating grantee site visit findings to 
grantees can delay grantees' resolution of any internal control 
weaknesses (for example, if the grantees did not inquire about 
prospective income during client intake)[Footnote 34] and legal 
noncompliance issues identified during the site visits. Information on 
any continuing or serious internal control or compliance issues can be 
critical in making grantee funding decisions. According to LSC, there 
are informal means by which LSC informs grantees of preliminary 
findings. For example, OCE staff generally provides grantees with 
technical assistance in correcting compliance matters during site 
visits to facilitate immediate correction. LSC officials further 
stated that at the end of the visit staff hold an exit conference to 
advise the grantee of the preliminary findings and discuss how to make 
the necessary corrections. 

The LSC financial statement auditor also reported in 2010 that its 
review of OCE site visit reports found that 2009 grantee site visit 
reports were not issued on time, based on OCE's 120 day goal.[Footnote 
35] For example, the auditor reported that one out of the nine reports 
they sampled was issued 289 calendar days after the completion of 
fieldwork. 

One of the keys to completing timely OCE site visit reports within 
prescribed time frames is obtaining timely OLA opinions on LSC 
regulations. An LSC Director told us that site visit reports are held 
pending receipt of any requests to OLA for a legal opinion related to 
a possible noncompliance issue. However, LSC did not have specific 
procedures defining expected time frames and for overseeing OCE 
receipt of OLA opinions within such time frames. As of January 28, 
2010, OLA had issued 47 opinions since January 2004. The average time 
elapsed from the date of the request for an OLA opinion and the 
issuance of the opinion was approximately 200 days. Of those 47 
opinions, over 50 percent (25) took longer than 120 days to issue, 
with an average delivery time of approximately 334 days. As of January 
28, 2010, two opinions had been outstanding for 721 and 603 days, 
respectively[Footnote 36], and two other reports were not complete due 
to a pending legal opinion on prospective income, which was issued 465 
days after being requested. 

LSC Did Not Track Resolution of Site Visit Recommendations for 
Improvement: 

While our review found indications that cognizant LSC components share 
visit reports, LSC did not require and document its process for 
tracking and assessing actions in response to site visit 
recommendations and corrective actions.[Footnote 37] According to the 
Standards for Internal Control in the Federal Government,[Footnote 38] 
an entity's internal control activities should include monitoring 
control improvement efforts. It further provides that such controls 
should assess the quality of performance over time and ensure the 
findings of audits and other reviews are promptly resolved. Over time, 
the trend of the number and types of findings, recommendations, and 
corrective actions, if analyzed and used appropriately, should provide 
information that could assist LSC management in determining and 
addressing any issues concerning the quality of grantee program 
performance and compliance. Consequently, the absence of required 
documented procedures for tracking OPP and OCE recommendations and 
corrective actions reduces LSC's assurance that site visit results 
information is monitored for necessary corrective action and 
appropriately shared among cognizant LSC component organizations. 

According to an OIG manager and the OPP and OCE Directors, OPP and OCE 
share information on site visit recommendations through the LSC 
intranet--where site visit reports are posted. Although not required 
by LSC procedures, according to an LSC Director, OCE submitted site 
visit reports on grantee compliance--including recommendations and 
needed corrective actions--to OPP staff responsible for grant awards 
and monitoring of grantee program performance. According to LSC's 
President, OPP staff are in regular contact with grantee executive 
directors and other program management and program engagement visits 
are often used as a vehicle for following up on recommendations. The 
OCE Director told us that OPP staff provided program quality 
information obtained through its review of site visit reports to OCE 
for consideration in grantee compliance reviews. Although staff may 
share information about site visits, an LSC official who is 
responsible for monitoring program performance told us that LSC does 
not consider or track whether recommendations are open or closed, but 
rather provides the recommendations as possible best practices for 
grantees to consider implementing as their programs develop. 
Therefore, an LSC Director told us that the site visit report 
recommendations are not tracked for remediation purposes or for 
trending and analysis by LSC because these recommendations are 
considered best practices which may or may not be implemented. The 
Vice President for Program Performance and Compliance said that OPP 
prioritizes the recommendations included in its reports and only 
includes what OPP believes to be the most important recommendations. 
By undertaking the effort to make recommendations and prioritizing 
them to highlight important areas, but not tracking their completion 
and analyzing the results, LSC is missing an opportunity to assess the 
extent of progress made and leverage the value of these 
recommendations. 

Performance Measures Could Be Better Aligned with Core Activities and 
Organizational Responsibilities: 

LSC performance measures were not aligned with LSC's core activities 
nor were they linked to specific offices responsible for making grant 
awards and monitoring grantee program performance and grantee 
compliance functions. Further, LSC did not have procedures in place to 
periodically reassess measures to ensure they are current. According 
to GAO's Executive Guide: Effectively Implementing the Government 
Performance and Results Act,[Footnote 39] as a best practice, entities 
should assess performance to ensure that programs meet intended goals, 
assess the efficiency of processes, and promote continuous 
improvement. It further provides that performance measures should be 
linked directly to organizational components that have responsibility 
for making programs work and that routinely revisiting and updating an 
entity's performance measures would help ensure they are relevant in 
providing feedback about whether the entity is achieving its current 
objectives. 

Performance measures that are not linked to the responsible office 
hinder accountability for program results, including the extent to 
which the LSC organizational components contribute toward LSC's 
mission and where improvements are needed, and limit transparency and 
accountability to LSC's Board on any organizational performance issues. 

LSC issued a Strategic Directions plan in 2006 laying out LSC's 
performance measures. However, the plan's performance measures did not 
account for the full range of LSC's key grant awards and monitoring of 
grantee program performance and organizational grantee compliance 
responsibilities. For example, LSC's plan did not include metrics to 
measure performance in the following core LSC activities related to 
its key grant awards or monitor grantee program performance and 
grantee compliance with respect to: 

* identifying and targeting LSC's own resources to address the most 
pressing civil legal needs of low-income individuals in the nation, 
and: 

* ensuring that grantees use the funding they receive to serve the low-
income population throughout the nation. 

In addition, not all measures in LSC's strategic plan were linked to 
specific LSC components. For example, LSC did not link scores on 
competitive grant evaluations with either OPP's or OCE's performance, 
even though these offices have responsibility for grantee program 
quality and compliance oversight. In addition, LSC did not link the 
performance measure number of technical assistance and training 
sessions conducted by LSC to the OPP organization even though OPP has 
organizational responsibility for such technical assistance. 

Further, we found LSC did not have procedures providing for periodic 
reassessment of key metrics to ensure they reflect up-to-date LSC 
mission priorities and objectives. According to the Chief 
Administrative Officer, LSC has recognized that its existing 
performance measures should be revised and periodically reassessed to 
ensure they are up-to-date and have begun actions in this regard. For 
example, since 2006, management has been developing a performance 
measure to obtain current information on "timeliness and degree of 
resolution of OCE corrective action notices." LSC reviewed the results 
of a number of follow-up visits to confirm grantee resolution of OCE 
corrective action notices. The review found that the existing measure 
based on using the corrective action notices as an indicator of 
timeliness of resolution was insufficient. Instead, it was determined 
that without site visit verification of the resolution of original 
site visit findings the performance measure could not be reported on. 

LSC Management Has Not Consistently Focused on Key Human Capital 
Issues: 

LSC's employee handbook provides overall policy direction over its 
human capital practices. However, we found existing procedures were 
flawed in several key respects concerning staffing needs assessments, 
evaluating performance, and providing appropriate internal control 
training. Specifically, LSC did not (1) systematically assess short-
and long-term workload and staffing needs in relation to the 
corporation's strategic goals and objectives, (2) provide required 
performance reviews for OPP staff in 3 of the 6 years we reviewed and 
for OCE staff in 2 of the 6 years we evaluated, or (3) provide formal 
training for current and incoming staff on internal controls. 
Standards for Internal Control in the Federal Government[Footnote 40] 
provides that all personnel are to possess and maintain a level of 
competence enabling them to effectively accomplish their assigned 
duties. In addition, Human Capital Principles for Effective Strategic 
Workforce Planning[Footnote 41] provides that effective staffing 
assessments should provide short-and long-term strategies for 
acquiring, developing, and retaining staff to achieve programmatic 
goals. Strategic human capital practices are key to ensuring that an 
entity (1) has the staff capabilities needed to meet short-and long-
term goals, (2) can effectively address performance problems, and (3) 
has staff who are trained in internal controls and related sound 
management practices. 

Our review found that LSC did not have procedures for assessing 
staffing needs. According to the Chief Administrative Officer and 
Director of Human Resources, LSC does not use mission priorities to 
establish staffing needs. Instead, the Vice President for Programs and 
Compliance said OPP and OCE consider workload needs and required 
staffing levels when preparing their budgets. 

According to the LSC employee handbook, LSC's policy is that employee 
performance is to be evaluated annually at the beginning of the 
calendar year by the supervisor of record, based on job performance in 
the prior year. OPP staff stated that it is through the annual 
employee performance evaluation process that training needs are 
identified. 

However, LSC did not have procedures for ensuring review of employee 
performance and training. For calendar years (CY) 2003 and 2005, OPP 
and OCE personnel did not receive annual performance evaluations, and 
for CY 2008 OPP personnel did not receive performance evaluations. For 
2003 and 2005, the Director of OHR stated that LSC did not follow its 
employee performance evaluation policy for conducting the required 
staff evaluations in 2003 and 2005 because of concerns about the 
appraisal process. As a result, LSC's President suspended the 
appraisal process for these years. In 2008, according to the OPP 
director, OPP personnel did not receive appraisals because of a 
concern that evaluations would have to be done by a combination of 
people, none of whom had complete responsibility for overseeing the 
work throughout the year. Without the employee performance appraisals 
for all of its staff, LSC has limited its opportunities to encourage 
high performance, identify training needs, and communicate with staff. 

Controls over Contract Approval and Budgetary Tracking Were Not Always 
Effective: 

Although LSC had policies requiring approval and funds availability 
determination before issuing contracts for its grant activities and 
programs, it had not established specific funds tracking procedures to 
ensure that necessary approvals were obtained and funds were available 
before awarding contracts.[Footnote 42] Lacking effective contract 
approval and fund availability controls, LSC is at increased risk of 
improper contract awards and undetected budget shortfalls. 

LSC's Administrative Manual's policy requires approvals from OLA, the 
Comptroller, and, if the contract is over $10,500, the President, 
before contract award. However, our review found that LSC did not 
obtain contract approvals by OLA, the Comptroller, and LSC President-- 
a critical accountability control--for any of the nine contracts over 
$10,500 issued in fiscal years 2008 and 2009. Our review of the nine 
contracts that exceeded the $10,500 presidential approval threshold 
revealed that LSC lacked any documentation showing that the required 
Contract Approval Form was completed before the contracts were 
awarded. The LSC Chief Administrative Officer (CAO) told us that 
verbal approvals were given by the President for five of the 
contracts.[Footnote 43] Of the remaining four contracts, one had the 
LSC President's approval on the contract itself (but not the contract 
approval form), while the remaining three LSC contracts did not have 
any evidence of approvals. The LSC Administrative Manual, issued in 
February 2005, requires review and approval of all contracts before 
award by (1) office directors to ensure that they are within budgetary 
limitations; (2) OLA for legal assurance; (3) the Comptroller to 
ensure the requirements of the Administrative Manual were followed and 
to start a purchase order; and (4) if over $10,500, the LSC President. 
In accordance with the LSC Administrative Manual, a Contract Approval 
Form, which shows all approvals by designee signature, must be used to 
meet documentation requirements and be retained for all contracts 
awarded. 

Two contracts that did not follow LSC's approval process resulted in 
an unplanned budgetary adjustment for fiscal year 2009. Specifically, 
we found two Office of Information Technology (OIT) contracts 
supporting grants management and administration that were not properly 
authorized and for which fund availability was not determined prior to 
contract award, which resulted in a LSC budget shortfall of over 
$70,000 in fiscal year 2009.[Footnote 44] According to the Director of 
OIT, after verbal approval by the LSC CAO, these contracts were 
executed by the Director of OIT without taking any action to determine 
that sufficient monies were available to fund the contracts, and 
without obtaining the required prior approval of OLA, the Comptroller, 
and the LSC President. LSC's Comptroller informed the Board of 
Directors, President, and Inspector General of OIT's overspending and 
asked for and received a $70,000 internal budgetary adjustment on 
August 31, 2009, to transfer budgeted funds from LSC's capital 
expenditures account to the consulting budget. 

Consistent with our findings, the LSC financial statement auditor 
reported in its January 2010 Report of Deficiencies in Internal 
Control Over Financial Reporting and Other Matters for 2009 that the 
Contract Approval Forms were not used as required by the LSC 
Administrative Manual, and there was no evidence of approval by OLA. 
The auditors recommended in January 2010 that LSC implement procedures 
to ensure policies for contract awards are followed. 

LSC recently revised its Administrative Manual, effective October 1, 
2009, to include a Contract Approval Form, with a provision that the 
LSC President approve all contracts over $10,500. Further, the LSC CAO 
stated that training was provided for all administrative staff on the 
proper procedures to follow for processing contracts. Such training 
should help ensure that a Contract Approval Form accompanies all LSC 
contracts, and that OLA and the Comptroller both review and document 
approval of all contracts and sign off on the Contract Approval Form 
before contract execution. However, the training may be of limited 
value unless LSC also establishes specific, detailed procedures on the 
steps required to ensure that all necessary approvals and fund 
availability certification is carried out and documented. 

Conclusions: 

Effective governance, accountability, and internal control are key to 
maintaining public trust and credibility. As such, identifying and 
implementing effective internal controls will assist LSC in ensuring 
that the federal funds LSC receives are being used efficiently and 
effectively. 

LSC has taken actions to improve its governance and accountability 
practices by implementing or partially implementing all 17 of the 
recommendations from our August 2007[Footnote 45] and December 2007 
[Footnote 46] reports. Progress continues since our prior testimony in 
October 2009 as LSC has implemented two additional recommendations and 
continues to take actions on the remaining recommendations. However, 
several key recommendations related to LSC's grantee oversight 
responsibilities remain to be fully implemented. 

The control deficiencies we identified, along with the continuing 
nature of several related deficiencies first identified nearly 3 years 
ago, are indicative of weaknesses in LSC's overall control 
environment. A weak control environment limits LSC's ability to 
effectively manage its grant award and grantee performance oversight 
responsibilities. As such, it will be important for the LSC President 
and Board of Directors to continue to set a "tone at the top" 
supportive of establishing and maintaining effective internal control 
not only by managers but also by personnel throughout the entity's 
program operations. In this regard, LSC would benefit from an 
entitywide internal control assessment, including whether the risks 
associated with grantee selection are effectively considered, past 
recommendations and corrective actions are properly tracked, and 
whether effective controls are in place over performance measurement, 
performance evaluation, and contract awards. LSC could also strengthen 
its overall control environment by providing training to staff 
throughout the entity on how internal controls, when functioning as 
intended, are integral to the achievement of the entity's mission 
objectives. 

In the near term, it will be important for LSC leadership to direct 
immediate action to address the continuing weaknesses, as well as 
those identified in our current review. For the long term, LSC will 
need to focus on monitoring the sustained commitment to an effective 
overall system of internal controls necessary to achieve a solid basis 
for effectively accomplishing its core mission of enabling the 
grantees to provide legal services to individuals who otherwise could 
not afford such services. 

Recommendations for Executive Action: 

In order to improve key control processes over grant awards and 
monitoring of grantee program performance and grantee compliance, we 
recommend the President of LSC, and the Vice President for Programs 
and Compliance, take the following 17 actions: 

Grant Application Processing and Award: 

* Develop and implement procedures to provide a complete record of all 
data used, discussions held, and decisions made on grant applications. 

* Develop and implement procedures to carry out and document 
management's review and approval of the grant evaluation and award 
decisions. 

* Conduct and document a risk-based assessment of the adequacy of 
internal control of the grant evaluation and award and monitoring 
process from the point that the Request for Proposal is created 
through award, and grantee selection. 

* Conduct and document a cost benefit assessment of improving the 
effectiveness of application controls in LSC Grants such that the 
system's information capabilities could be utilized to a greater 
extent in the grantee application evaluation and decision-making 
process. 

Grantee Oversight Activities: 

* Develop and implement procedures to ensure that grantee site visit 
selection risk criteria are consistently used and to provide for 
summarizing results by grantee. 

* Establish and implement procedures to monitor OCE grantee site visit 
report completion against the 120 day time frame provided in the OCE 
Procedures Manual. 

* Execute a study to determine an appropriate standard timeframe for 
OLA opinions to be developed and issued. Develop and implement 
procedures to monitor completion of OLA opinions related to OCE site 
visits against the target time frame for issuing opinions. 

* Develop and implement procedures to provide a centralized tracking 
system for LSC's recommendations to grantees identified during grantee 
site visits and the status of grantees' corrective actions. 

Performance Management: 

* Develop and implement procedures to link performance measures (1) to 
specific offices and their core functions and activities, and (2) to 
LSC's strategic goals and objectives. 

* Develop and implement procedures for periodically assessing 
performance measures to ensure they are up-to-date. 

Staffing Needs Assessment: 

* Develop and implement procedures to provide for assessing all LSC 
component staffing needs in relation to LSC's strategic and strategic 
human capital plans. 

* Develop and implement a mechanism to ensure that all LSC staff 
receive annual performance assessments. 

Budget Controls: 

* Develop and implement a process to monitor contract approvals to 
ensure that all proposed contracts are properly approved before award. 

* Develop and implement procedures for contracts at or above 
established policy thresholds, to ensure the LSC President provides 
written approval in accordance with policy before contract award. 

* Develop and implement procedures to ensure budget funds are 
available for all contract proposals before contracts are awarded. 

Internal Control Environment: 

* Develop and implement procedures for providing and periodically 
updating training for LSC management and staff on applicable internal 
controls necessary to effectively carry out LSC's grant award and 
grantee performance oversight responsibilities. 

* Establish a mechanism to monitor progress in taking corrective 
actions to address recommendations related to improving LSC grants 
award, evaluation, and monitoring. 

Agency Comments and Our Evaluation: 

We provided copies of the draft report to LSC's management for comment 
prior to finalizing the report. We received a written comment letter 
from LSC's President on behalf of LSC's management (see appendix III). 
In its written comments, LSC agreed with our findings and 
recommendations and identified specific actions it has taken and plans 
to take to implement these recommendations. LSC also provided 
technical comments which we considered and incorporated as appropriate. 

As agreed with your office, unless you publicly announce the contents 
of this report earlier, we will not distribute it until 30 days from 
its date. At that time, we will send copies of the report to other 
appropriate congressional committees and the president of LSC. This 
report will also be available at no charge on the GAO Web site at 
[hyperlink, http://www.gao.gov]. If you have any questions or would 
like to discuss this report, please contact me at (202) 512-9095 or by 
e-mail at raglands@gao.gov. Major contributors to this report are 
listed in appendix IV. 

Signed by: 

Susan Ragland: 
Director: 
Financial Management and Assurance: 

[End of section] 

Appendix I: Objectives, Scope, and Methodology: 

Our reporting objectives were to determine the extent to which the 
Legal Services Corporation (LSC): 

* properly implemented key internal controls in awarding grants and 
overseeing grantee program performance; 

* measured its performance in awarding grants and overseeing[Footnote 
47] grantees; 

* evaluated staffing needs for grant awards management and grantee 
performance oversight; and: 

* followed appropriate budget execution processes for awarding 
contracts related to grants award and grantee performance and 
oversight. 

To address the first two objectives, we interviewed current members of 
LSC's management and staff, staff in LSC's Office of Inspector General 
(OIG), and the audit firm employed by the OIG to obtain information on 
the functions and processes of LSC's grant awards and monitoring of 
grantee program performance and grantee compliance. We also reviewed 
LSC documentation on internal control activities related to the 
awarding of grants and oversight of grantee programs, including policy 
manuals, audit reports, and management reports. 

In addition, we selected a probability sample of 80 out of 140 
grantees and reviewed related grant applications and application 
evaluations (for the 2009 funding year), and compared evaluation 
results with instructions in LSC Grants, a computer-based grants 
application system. Results based on probability samples are subject 
to sampling error. The sample we drew for our review is only one of a 
large number of samples we might have drawn. Because different samples 
could have provided different estimates, we express our confidence in 
the precision of our particular sample results as a 95 percent 
confidence interval. This is the interval that would contain the 
actual population values for 95 percent of the samples we could have 
drawn. All survey estimates in this report are presented along with 
their margins of error. 

We analyzed the document setting out LSC-wide and component-specific 
goals and performance measures and compared this to federal guidance 
on performance measurement. We also observed LSC site visits at two 
grantees in Philadelphia and Indianapolis. To obtain information on 
LSC controls for assessing staffing needs for its grants functions, we 
interviewed LSC management and reviewed policies and procedures for 
evaluating staffing needs, training, and professional development, and 
reviewed relevant literature. We compared LSC's staffing needs 
assessment processes to federal best practices in workforce planning 
principles.[Footnote 48] To obtain information on controls over 
contract approval and budget execution, we reviewed LSC's 
administrative policy and procedure manual and consolidated operating 
budget guidance, documented budget execution requirements, and tested 
contracts for proper approval. For each of our objectives, we compared 
the information obtained with federal best practices in internal 
control in GAO's Standards for Internal Control in the Federal 
Government.[Footnote 49] We conducted our work in Washington, D.C.; 
Indianapolis, Indiana; and Philadelphia, Pennsylvania, from March 2009 
to May 2010 in accordance with generally accepted government auditing 
standards. Those standards require that we plan and perform the audit 
to obtain sufficient appropriate evidence to provide a reasonable 
basis for our findings and conclusions. We believe the evidence 
obtained provided a reasonable basis for our audit findings and 
conclusions. 

[End of section] 

Appendix II: Prior GAO Reports Recommendation Status: 

Our August 2007[Footnote 50] report recommendations to improve and 
modernize the governance processes and structure of LSC, along with 
our views on the status of LSC's efforts to implement these 
recommendations (as of March 2010), are summarized in table 2. LSC 
data, which we obtained and analyzed as part of our follow-up work 
conducted between May 2009 and March 2010, showed that the board had 
fully implemented five of the eight recommendations, and had taken 
some action on the remaining three recommendations. 

Table 2: Status of August 2007 GAO Report Recommendations on 
Governance Practices to LSC Board of Directors: 

Recommendation: Establish an audit committee function to provide 
oversight to LSC's financial reporting and audit processes, either 
through creating separate audit committee or by rewriting the charter 
of the board's finance committee; 
Status: Implemented. 

Recommendation: Establish charters for the Board of Directors and all 
existing committees and any newly developed committees to clearly 
establish committees' purposes, duties, and responsibilities; 
Status: Implemented. 

Recommendation: Establish a shorter time frame (e.g., 60 days) for 
issuing LSC's audited financial statements; 
Status: Implemented. 

Recommendation: Establish and implement a comprehensive orientation 
program for new board members to include key topics such as fiduciary 
duties, tax law requirements, and interpretation of the financial 
statements; 
Status: Partially implemented[A]. 

Recommendation: Develop a plan for providing a regular training 
program for board members that includes providing updates or changes 
in LSC's operating environment and relevant governance and 
accountability practices; 
Status: Implemented. 

Recommendation: Establish a compensation committee function to oversee 
compensation matters involving LSC officers and overall compensation 
structure either through creating a separate compensation committee or 
by rewriting the charter of the board's annual performance review 
committee; 
Status: Implemented. 

Recommendation: Implement a periodic self-assessment of the board's, 
the committees', and each individual member's performance for purposes 
of evaluating whether improvements can be made to the board's 
structure and processes; 
Status: Partially implemented. 

Recommendation: Develop and implement procedures to periodically 
evaluate key management processes, including, at a minimum, processes 
for risk assessment and mitigation, internal control, and financial 
reporting; 
Status: Partially implemented. 

Source: GAO analysis of LSC data. 

[A] LSC has established a policy and materials for a comprehensive 
orientation; however, we need to evaluate whether the implementation 
of the orientation program is operating as intended. 

[End of table] 

Our August 2007 report recommendations to improve and modernize key 
management processes at LSC, along with the status of LSC's efforts to 
implement those recommendations (as of March 2010), are summarized in 
table 3. 

Table 3: Status of August 2007 GAO Report Recommendations on 
Management Practices to LSC Management: 

Recommendation: Conduct and document a risk assessment and implement a 
corresponding risk management program that is part of a comprehensive 
evaluation of internal control; 
Status: Implemented. 

Recommendation: With the board's oversight, evaluate and document 
relevant requirements of the Sarbanes-Oxley Act of 2002 and practices 
of the New York Stock Exchange and American Bar Association that are 
used to establish a comprehensive code of conduct, including ethics 
and conflict-of-interest policies and procedures for employees and 
officers of the corporation; 
Status: Implemented. 

Recommendation: Establish a comprehensive and effective continuity of 
operations plan (COOP) program, including conducting a simulation to 
test the established program; 
Status: Implemented. 

Recommendation: Conduct an evaluation to determine whether standards 
issued by the Government Accounting Standards Board (GASB) should be 
adopted as a financial reporting standard for LSC's annual financial 
statements; 
Status: Implemented. 

Source: GAO analysis of LSC data. 

[End of table] 

Our December 2007[Footnote 51] report recommendations to improve LSC's 
internal control and oversight of grantees, along with our views on 
the status of LSC's efforts to implement those recommendations (as of 
March 2010), are summarized in table 4. 

Table 4: Status of December 2007 GAO Report Recommendations on Grants 
Management to LSC Management and Board: 

Recommendation: Develop and implement policies and procedures for 
information sharing among the OIG, OCE, and OPP and coordination of 
OCE and OPP site visits; 
To: Management; 
Status: Implemented. 

Recommendation: Perform follow up on each of the improper or 
potentially improper uses of grant funds that GAO identified in the 
LSC Improved Internal Controls Needed in Grants Management and 
Oversight report (GAO-08-37); 
To: Management; 
Status: Implemented. 

Recommendation: Implement an approach for selecting grantees for 
internal control and compliance reviews that is founded on risk-based 
criteria, uses information and results from oversight and audit 
activities, and is consistently applied; 
To: Management; 
Status: Partially implemented. 

Recommendation: Implement procedures to improve the effectiveness of 
the current LSC fiscal compliance reviews by revising LSC current 
guidelines to provide: 
* a direct link to the results of OPP reviews and OIG and Independent 
Public Accountant (IPA) audit findings; 
* guidance for performing follow-up on responses from grantee 
interviews, and; 
* examples of fiscal and internal control review procedures that may 
be appropriate based on individual risk factors and circumstances at 
grantees; 
To: Management; 
Status: Partially implemented. 

Recommendation: Develop and implement policies that clearly delineate 
organizational roles and responsibilities for grantee oversight and 
monitoring, including grantee internal controls and compliance; 
To: Board; 
Status: Partially implemented. 

Source: GAO analysis based on LSC data. 

[End of table] 

[End of section] 

Appendix III: Comments from Legal Services Corporation: 

Legal Services Corporation: 
America's Partner For Equal Justice: 
3333 K Street, NW, 3rd Floor: 
Washington, DC 20007-3522: 
Phone 202.295.1500: 
Fax 202.337.6797: 
[hyperlink, http://www.lsc.gov] 

President: Victor M. Fortuno: 

Board of Directors: 
John G. Levi, Chicago, IL, Chairman: 
Martha Minow, Cambridge, MA, Vice Chair: 
Sharon L. Browne, Sacramento, CA: 
Jonann C. Chiles, Little Rock, AR: 
Thomas A. Fuentes, Lake Forest, CA: 	
Robert J. Grey, Jr., Richmond, VA: 	
Charles N. W. Keckler, Arlington, VA: 
Victor B. Maddox, Louisville, KY: 
Thomas R. Meites, Chicago, IL: 
Laurie Mikva, Evanston, IL: 
Hon. Sarah M. Singleton, Santa Fe, NM: 

May 28, 2010: 

Susan Ragland, Director: 
Financial Management and Assurance: 
U.S. Government Accountability Office: 
411 G Street, N.W. 
Washington, D.C. 20542: 

Dear Ms. Ragland: 

Thank you for giving the Legal Services Corporation ("LSC" or 
"Corporation") the opportunity to respond to the GAO Draft Report 
entitled Improvements Needed in Controls Over Grant Awards and Grant 
Program Effectiveness, GA0-10-540. Previous GAO reports have led to 
improvements at LSC and we are confident that will be the case once 
again We offer the following comments in response to the 17 
recommendations in the Draft Report. 

As noted in the Draft Report, LSC operates as an independent 501(c)(3) 
nonprofit corporation that is funded by Congress. The Corporation 
distributes those annual appropriations to 136 independent nonprofit 
legal services programs across the nation and they provide civil legal 
assistance and information to low-income Americans who qualify for 
assistance. These local legal services providers are critical to the 
well-being of the nation, especially as demand for legal services 
increases during economic downturns. Currently, 54 million Americans — 
one-sixth of the population — qualify for LSC-funded civil legal 
assistance. 

Congress has directed by law that grants from LSC's basic field line be
allocated to provide "an equal figure per individual in poverty for 
all geographic areas, as determined on the basis of the most recent 
decennial census."[Footnote 52] The private nonprofit legal services 
programs funded by LSC operate independently from LSC and are governed 
by local boards of directors that set priorities for addressing the 
urgent civil legal needs of their communities. The Corporation's staff 
provides oversight over these LSC grantees, conducting compliance 
reviews to ensure appropriations are spent in accordance with law and 
regulation, and offers advice on how to improve performance and 
quality representation. The LSC Office of Inspector General oversees 
the annual financial statement audits of the grantees, conducts 
independent and objective performance and financial audits of LSC's 
programs and functions, and conducts investigations into possible 
fraud, waste, abuse, and noncompliance. 

With this background, LSC management's comments in response to the 17 
recommendations of the Draft Report are as follows. 

Recommendation — Grant Application Processing and Award: 

1. Develop and implement procedures to provide a complete record of 
all data used, discussions held, and decisions made on grant 
applications. 

Response: LSC accepts this recommendation and will designate 
additional fields in LSC Grants as "required" fields to further ensure 
complete and consistent application reviews; document in LSC Grants 
the data and reports that reviewers use in the application evaluation 
and funding recommendation process, and document OPP management's 
funding recommendations in LSC Grants. 

2. Develop and implement procedures to carry out and document 
management's review and approval of the grant evaluation and award 
decisions. 

Response: LSC accepts this recommendation. LSC will document the 
results of the LSC Vice President for Programs and Compliance funding 
recommendations, as well as the President's review of those 
recommendations and resulting decisions. 

3. Conduct and document a risk-based assessment of the adequacy of 
internal control of the grant evaluation and award and monitoring 
process from the point that the request for proposal is created to 
award, and grantee selection. 

Response: LSC accepts this recommendation. The Corporation implemented 
its system of competitive grant awards in April 1996 and since then 
has made major improvements to the process, including, in 2009, the 
implementation of LSC Grants, an online grants system. 

Because 95 percent of LSC's annual appropriation is awarded through 
LSC Grants, LSC agrees that it is appropriate to undertake an internal 
control assessment, consistent with those provisions of the Standards 
for Internal Control in the Federal Government applicable to LSC. To 
ensure the most comprehensive review, LSC will engage an outside 
expert to develop and perform a full evaluation and assessment of the 
competitive grants process. This will include conducting a risk-based 
assessment of the internal control of the grant evaluation, award, and 
monitoring process; recommendations of additional internal control 
options; recommendations of options for maximizing information 
reporting capabilities; and a report on internal controls and options 
implemented. 

4. Conduct and document a cost benefit assessment of improving the 
effectiveness of application controls in LSC Grants such that the 
system's data information capabilities could be utilized to a greater 
extent in the grantee application evaluation and decision-making 
process. 

Response: LSC agrees with the goal of improving the effectiveness of 
application controls in LSC Grants. Many additional application 
controls were instituted in Fall 2009, and others are planned for 
Spring 2010. LSC will conduct annual reviews of the performance of LSC 
Grants and incorporate any needed improvements. The Corporation has 
already determined that these application controls are desirable 
additions to the grants process. These ongoing improvements are 
already in progress and will continue. LSC submits that we have 
already implemented this recommendation. 

Recommendation — Grantee Oversight Activities: 

5. Develop and implement procedures to ensure grantee site visit 
selection risk criteria are consistently used and to provide for 
summarizing results by grantee. 

Response: LSC accepts this recommendation. We note that both the OCE 
and OPP Office Procedures Manuals outline the various risk factors 
that are considered in selecting grantees for on-site reviews. The 
application of those risk factors has now been formalized and will be 
included in the next revision of the manuals. Consideration of risk 
factors will be documented for each grantee on an annual basis. 

6. Establish and implement procedures to monitor OCE grantee site 
visit report completion against a reasonable time frame (as such 120 
days in accord with the OCE Procedures Manual goal). 

Response: LSC accepts this recommendation. While we note that an 
internal system is already used by OCE to monitor report due dates and 
completion, a more formal system for tracking and reporting the status 
of each report is being developed pursuant to a recent request from 
LSC's Board of Directors. 

Depending on the reporting format established in response to the Board 
of Directors' request, additional or modified tracking methods may be 
developed and implemented. Additionally, to address several issues 
related to report timeframes, OCE proposes to develop and implement a 
new timeline for report writing. 

7. Execute a study to determine an appropriate standard timeframe for 
OLA opinions to be developed and issued. Develop and implement 
procedures to monitor completion of OLA opinions related to OCE site 
visits against the target timeframe for issuing opinions. 

Response: LSC accepts this recommendation. The Office of Legal Affairs 
("OLA") has been developing and will shortly be implementing a new 
Opinions Protocol which will set forth the procedures and processes to 
be followed in the development and issuance of both Advisory and 
Internal Opinions. (Advisory Opinions provide interpretive guidance to 
staff, grantees and the public on the application of the LSC statutes 
and regulations, while Internal Opinions provide traditional formal 
legal advice to the Corporation's management.) As part of this effort, 
OLA will be implementing appropriate timeframes for response to 
requests for opinions. 

8. Develop and implement procedures to provide a centralized tracking 
system for LSC's recommendations to grantee identified during grantee 
site visits and the status of grantees' corrective actions.
Response: LSC accepts the goal of this recommendation and will work 
with the GAO on how best to address the objective. 

Recommendation — Performance Management: 

9. Develop and implement procedures to link performance measures (1) 
to specific offices and their core functions and activities and (2) to 
LSC 's strategic goals and objectives. 

Response: LSC accepts this recommendation. As stated in LSC Strategic 
Directions 2006-2010, LSC's current measures are linked to LSC's 
strategic goals. Beginning on page 15 of the Strategic Directions 
document, the performance measures are grouped under the specific goal 
for which they are intended as a measure of progress. LSC recognizes 
that its performance measures need improvement and has been working to 
develop better measures and better data. The new LSC Board of 
Directors will be developing a new strategic plan for the Corporation, 
and it is fully expected that the new plan will link performance 
measures to LSC's strategic goals and objectives. However, as 
strategic plans and their related performance measures are not 
intended to state and measure the routine activities of each office, 
the revised LSC strategic plan may not include measures for each 
function and activity of each individual office. 

10. Develop and implement procedures for periodically assessing 
performance measures to ensure they are up-to-date. 

Response: LSC accepts this recommendation and will include provisions 
for periodically assessing performance measures in the new strategic 
plan. 

Recommendation — Staffing Needs Assessment: 

11 Develop and implement procedures to provide for assessing all LSC 
component staffing needs in relation to LSC's strategic and strategic 
human capital plans. 

Response: LSC accepts this recommendation and will develop and 
implement procedures for assessing staffing needs in advance of the 
budget planning process for the FY 2012 appropriations request. 

12. Develop and implement a mechanism to ensure that all LSC staff 
receive annual performance assessments. 

Response: LSC accepts this recommendation. 

Recommendation — Budget Controls: 

13. Develop and implement a process to monitor contract approvals to 
ensure that all proposed contracts are properly approved before award. 

Response: The issue was noted in LSC's annual financial audit 
delivered in January of 2009 and in an Office of Inspector General 
audit report in July 2009, and LSC implemented new Administrative 
Manual procedures in October 2009 to better monitor contract approvals 
and ensure that funds are available and all contracts receive 
appropriate approvals prior to issuance. This policy and practice was 
in place prior to GAO's completing their fieldwork for this report, 
and a review of LSC's practices since October 1, 2009 will show that 
the procedures are being followed and all contracts are now being 
properly approved. LSC submits that we have already implemented this 
recommendation. 

14. Develop and implement procedures for contracts at or above 
established policy thresholds, to ensure the LSC President provides 
written approval in accordance with policy before contact award. 

Response: This issue is the same as in recommendation number 13 above. 
See response to item number 13. 

15. Develop and implement procedures to ensure budget funds are 
available for all contract proposals before contracts are awarded. 

Response: This issue is the same as in recommendation number 13 above. 
See response to item number 13. 

Recommendation — Internal Control Environment: 

16. Develop and implement procedures for providing and periodically 
updating training for LSC management and staff on applicable internal 
controls necessary to effectively carry out LSC's grant award and 
grantee performance oversight responsibilities. 

Response: LSC accepts this recommendation. LSC's oversight offices — 
OPP, OCE and Office of Information Management (01M) — currently 
participate in quarterly joint staff meetings for the purposes of 
training and oversight updates. Management will annually review staff 
needs for specific training and provide such training to ensure 
ongoing staff development in understanding applicable internal 
controls, consistent with oversight responsibilities. 

17. Establish a mechanism to monitor progress in taking corrective 
actions to address recommendations related to improving LSC grants 
award, evaluation, and monitoring. 

Response: LSC accepts this recommendation and will establish a formal 
process to monitor and track actions taken by LSC in response to 
recommendations from the LSC Office of Inspector General and GAO. This 
written procedure will include the person/office responsible for 
maintaining the tracking system and include quarterly reporting on the 
status of any remediation efforts to the Board of Directors. 

Again, the Legal Services Corporation appreciates the opportunity to 
comment on the Draft Report prior to its publication. Please feel free 
to contact me if you have any questions. 

Sincerely yours, 

Signed by: 	 

Victor M. Fortuno:
President: 

cc: 
LSC Board of Directors: 
LSC Inspector General: 

[End of section] 

Appendix IV: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

Susan Ragland, (202) 512-9095 or raglands@gao.gov: 

Acknowledgments: 

In addition to the contact named above, Kimberley A. McGatlin, 
Assistant Director; Lisa Crye; Patrick Frey; Cole Haase; Bernice M. 
Lemaire; Mitch Owings; Melanie Swift; and Carrie Wehrly made key 
contributions to this report. F. Abe Dymond, Lauren S. Fassler, and 
Justin Fisher provided technical assistance. 

[End of section] 

Footnotes: 

[1] In fiscal year 2010, LSC's annual appropriation was $420 million, 
an increase of about 7.7 percent over its fiscal year 2009 
appropriation. See Commerce, Justice, Science, and Related Agencies 
Appropriations Act, 2010, Pub. L. No. 111-117, div. B, 123 Stat. 3034, 
3113, 3148 (Dec. 16, 2009). 

[2] As used in this report, the term grant encompasses all of the 
agreements LSC uses to distribute federal funding to providers of 
civil legal assistance to low-income persons, and the term grantee 
refers to those who enter into such agreements. LSC sometimes uses 
contracts to distribute financial assistance. See LSC Act, 42 U.S.C. 
§§ 2996a(6), 2996e(a)(1)(A). 

[3] See Legal Services Corporation Act of 1974, Pub. L. No. 93-355, 88 
Stat. 378 (July 25, 1974), codified, as amended, at 42 U.S.C. §§ 
2996 - 2996l (LSC Act), and implementing regulations, codified, as 
amended, at 45 C.F.R. chapter 16. 

[4] GAO, Legal Services Corporation: Governance and Accountability 
Practices Need to Be Modernized and Strengthened, [hyperlink, 
http://www.gao.gov/products/GAO-07-993] (Washington, D.C.: Aug. 15, 
2007); and Legal Services Corporation: Improved Internal Controls 
Needed in Grants Management and Oversight, [hyperlink, 
http://www.gao.gov/products/GAO-08-37] (Washington, D.C.: Dec. 28, 
2007). 

[5] The recommendations status presented in our prior testimony, Legal 
Services Corporation: Some Progress Made in Addressing Governance and 
Accountability Weaknesses, but Challenges Remain, [hyperlink, 
http://www.gao.gov/products/GAO-10-194T] (Washington, D.C.: Oct. 27, 
2009), has been updated as of April 2010. 

[6] [hyperlink, http://www.gao.gov/products/GAO-08-37]. 

[7] LSC, Office of Inspector General, Response to LSC Management 
Referral of Grantee Program Issues Identified in the GAO Draft Report 
(Washington, D.C.: Mar. 31, 2009). 

[8] Overseeing grantees, as used in this report, refers to activities 
such as monitoring grantee program performance and grantee compliance. 

[9] GAO, Human Capital: Key Principles for Effective Strategic 
Workforce Planning, [hyperlink, http://www.gao.gov/products/GAO-04-39] 
(Washington, D.C.: Dec. 11, 2003). 

[10] GAO, Standards for Internal Control in the Federal Government, 
[hyperlink, http://www.gao.gov/products/GAO/AIMD-00-21.3.1] 
(Washington, D.C.: Nov. 1999). Because LSC is not a federal agency, it 
is not required to follow these standards; however, adopting these 
standards would help LSC implement a strong internal control 
environment and effective control activities and monitoring in order 
to ensure that LSC achieves its objectives and accomplishes its 
mission. 

[11] These responsibilities are referred to as grant awards and 
monitoring of program performance in this report. 

[12] These responsibilities are referred to as grantee compliance 
throughout this report. 

[13] According to the OCE Procedures Manual, the Grantee Audit Follow- 
Up process establishes a system for LSC to ensure that (1) findings 
and recommendations, which relate to grantee operations and are 
addressed to grantee management, are effectively resolved, and (2) 
corrective action is completed and reported in a timely manner. This 
is accomplished under the authority of the LSC Act; Inspector General 
Act of 1978, as amended; and administrative provisions that have been 
included in LSC's annual appropriations since fiscal year 1996. 

[14] A case is defined as the provision of permissible legal 
assistance to an eligible client who has a legal problem, or set of 
closely related legal problems, and is accepted by a grantee for 
assistance in accordance with the requirements of the LSC Act, 
regulations, and other applicable law. 

[15] During the course of a grant, LSC can question, disallow, and 
recover the costs of an activity that violated regulations or laws, 
pursuant to the process set forth in LSC's implementing regulations on 
cost standards and procedures, which are codified at 45 C.F.R. part 
1630. 

[16] In addition, LSC grantees may directly contact OLA for advisory 
opinions or for legal information on the application of LSC laws and 
regulatory authorities. OLA internal opinions are often on topics that 
could be or are subject to litigation. OLA's external opinions provide 
the public with interpretations of LSC's requirements that apply to 
LSC grantees. External opinions may be requested by a grantee or LSC 
office as the result of a site visit where interpretation of an LSC 
regulation is required. At any time, LSC management or the General 
Counsel (GC) may determine that an opinion is not warranted or 
appropriate. 

[17] [hyperlink, http://www.gao.gov/products/GAO/AIMD-00-21.3.1]. 

[18] A service area is the geographical area that is to be serviced by 
the grantee. 

[19] Beginning in 1996, the administrative provisions included each 
year in the acts making appropriations to LSC have required that 
grants be awarded through a system of competition and that LSC 
management issue regulations to implement this requirement. See 
Department of State and Related Agencies Appropriations Act, 1996, 
Pub. L. No. 104-134, tit. IV, § 503, 110 Stat. 1321, 1321-52 (Apr. 26, 
1996); see also implementing regulations in 45 C.F.R. part 1634. 

[20] [hyperlink, http://www.gao.gov/products/GAO/AIMD-00-21.3.1]. 

[21] The 95 percent confidence interval is between 97 percent and 100 
percent. 

[22] Although nine of the competitive grants application evaluations 
in our sample contained a manager's name in the grant application 
management review and sign off space, LSC's Director of OPP stated 
this information had been entered in error and not by a manager. 

[23] We also found two instances where the initial application 
evaluation incorrectly identified the projected expenses in one 
section of the application as not matching the projected expenses in 
another section, when in fact they did match. 

[24] [hyperlink, http://www.gao.gov/products/GAO/AIMD-00-21.3.1]. 

[25] The 95 percent confidence interval for this estimate is from 7 
percent to 21 percent. 

[26] The 95 percent confidence interval for this estimate is from 7 
percent to 28 percent. 

[27] The 95 percent confidence interval for this estimate is from 19 
percent to 36 percent. 

[28] The 95 percent confidence interval for this estimate is from 14 
percent to 44 percent. 

[29] WilthumSmith and Brown, Letter of Deficiencies LSC Corporation, 
(Silver Spring, MD: Jan. 6, 2009). 

[30] OCE corrective actions are based on regulatory and statutory 
compliance requirements. These actions are to be addressed by the 
grantee and enforced by LSC. OCE recommendations are suggested 
effective practices, but they are not required by regulatory or 
statutory authorities. These recommendations are not enforced by LSC 
and the grantee is not required to take any actions with respect to 
these items. They represent suggestions or actions that in OCE staff 
experience, could help the grantee with topics addressed in the report 
or address potential issues to avoid future compliance errors. OPP 
recommendations are effective practices and based on the guidelines of 
the LSC Performance Criteria and the American Bar Association 
Standards. These recommendations are intended to support the high 
quality delivery of legal services and are not generally based on 
regulatory or statutory requirements. 

[31] [hyperlink, http://www.gao.gov/products/GAO/AIMD-00-21.3.1]. 

[32] [hyperlink, http://www.gao.gov/products/GAO-08-37] p. 21. 

[33] Risk factors include: date of last visit by OCE/OPP; significant 
program or compliance issues; complaints filed or pending against the 
program; results of financial statements reviews; issues identified by 
OIG, including audit follow-up referral information provided to OCE or 
other information from the OIG that is referred to management for 
follow-up; issues identified by OCE/OPP as part of OPP's competitive 
grant evaluation process; issues identified by OCE/OPP as part of the 
grantee's required reporting to LSC; issues identified through 
grantees' contacts with LSC personnel; and issues which have been 
identified by other entities that make funds available, such as the 
Department of Veterans Affairs. 

[34] The LSC Act requires LSC to establish guidelines to insure that 
its grantees determine client financial eligibility based on the 
client's income, liquid assets, and other factors related to the 
client's financial inability to afford legal assistance. 42 U.S.C. § 
2996f(a)(2)(B). In implementing regulations, LSC requires its grantees 
to adopt simple client intake forms and procedures to determine an 
applicant's financial eligibility based on a "reasonable inquiry 
regarding sources of the applicant's income, income prospects and 
assets." 45 C.F.R. § 1611.7. By not asking an applicant about his or 
her prospective income during client intake, a grantee increases its 
risk of providing legal assistance to an ineligible client. 

[35] Thompson, Cobb, Bazilio and Associates, PC, Letter of 
Deficiencies LSC Corporation, (Washington, D.C.: Jan. 13, 2010). 

[36] The delays were primarily due to OLA staff workload, lengthy 
periods of discussion at the request of LSC's executive team as 
directed by the Opinions Protocol of 2005, and management directives 
to temporarily cease work on Private Attorney Involvement (PAI) 
allocation (pending work of the LSC PAI Advisory Committee, a working 
group consisting of OPP and OCE staff). 

[37] OPP site reviews result in findings and recommendations, and OCE 
site reviews result in recommendations and corrective actions, which 
together are intended to improve grantee program quality and to bring 
the grantee into compliance. 

[38] [hyperlink, http://www.gao.gov/products/GAO/AIMD-00-21.3.1]. 

[39] GAO, Executive Guide: Effectively Implementing the Government 
Performance and Results Act, [hyperlink, 
http://www.gao.gov/products/GAO/GGD-96-118] (Washington, D.C.: June 
1996). 

[40] [hyperlink, http://www.gao.gov/products/GAO/AIMD-00-21.3.1]. 

[41] GAO, Human Capital Key Principles for Effective Strategic 
Workforce Planning, [hyperlink, http://www.gao.gov/products/GAO-04-39] 
(Washington, D.C.: Dec. 11, 2003). 

[42] According to the LSC Administrative Manual (February 2005), the 
LSC Vice Presidents, CAO, and office directors are responsible for 
ensuring that expenditures for procurement of goods and contracts for 
services are within their budgetary limitations and each office should 
maintain a log or open file of purchase orders that are prepared for 
their respective offices. 

[43] All five of these contracts were with different hotels at which 
employees stayed for board meetings or the annual LSC conference. 

[44] The two contracts dealt with updating the LSC Grants system and 
updating information security software that helps safeguard network IT 
functions at LSC. 

[45] [hyperlink, http://www.gao.gov/products/GAO-07-993]. 

[46] [hyperlink, http://www.gao.gov/products/GAO-08-37]. 

[47] Overseeing grantees refers to activities such as monitoring 
grantee program performance and grantee compliance. 

[48] GAO, Human Capital: Key Principles for Effective Strategic 
Workforce Planning, [hyperlink, http://www.gao.gov/products/GAO-04-39] 
(Washington, D.C.: Dec. 11, 2003). 

[49] GAO, Standards for Internal Control in the Federal Government, 
[hyperlink, http://www.gao.gov/products/GAO/AIMD-00-21.3.1] 
(Washington, D.C.: November 1999). Because LSC is not a federal 
agency, it is not required to follow these standards; however, 
adopting these standards would help LSC implement a strong internal 
control environment and effective control activities and monitoring in 
order to ensure that LSC achieves its objectives and accomplishes its 
mission. 

[50] GAO, Legal Services Corporation: Governance and Accountability 
Practices Need to Be Modernized and Strengthened, [hyperlink, 
http://www.gao.gov/products/GAO-07-993] (Washington, D.C.: Aug. 15, 
2007). 

[51] GAO, Legal Services Corporation: Improved Internal Controls 
Needed in Grants Management and Oversight, [hyperlink, 
http://www.gao.gov/products/GAO-08-37] (Washington, D.C.: Dec. 28, 
2007). 

[52] Public Law 104-134, 110 Stat. 1321, (1996); carried forward in 
subsequent appropriations including LSC's current appropriations, Pub. 
L. 111-117, 123 Stat. 3035 (2009). 

[End of section] 

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