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entitled 'Lawrence Berkeley National Laboratory: Further Improvements 
Needed to Strengthen Controls Over the Purchase Card Program' which was 
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August 5, 2004:

Congressional Requesters:

Subject: Lawrence Berkeley National Laboratory: Further Improvements 
Needed to Strengthen Controls Over the Purchase Card Program:

The Lawrence Berkeley National Laboratory (Lawrence Berkeley) located 
in Berkeley, California, is a government-owned, contractor-operated 
Department of Energy (DOE) national laboratory. The University of 
California manages the lab under a cost-reimbursable contract with DOE. 
The university is paid a management fee to operate the lab and is 
reimbursed for all allowable costs charged to the contract.

During the fall of 2002, the Federal Bureau of Investigation began 
investigating two Los Alamos National Laboratory employees for alleged 
misuse of lab credit cards. Other allegations of theft and misuse of 
government funds at Los Alamos soon followed. In light of the problems 
identified at Los Alamos, you asked us to review selected procurement 
and property management practices at two NNSA[Footnote 1] and two DOE 
contractor labs, including Lawrence Berkeley.[Footnote 2]

This report summarizes the information provided during our June 14, 
2004 briefing to your staff on these issues as they relate to Lawrence 
Berkeley. The enclosed briefing slides highlight the results of our 
work and the information provided.[Footnote 3] Specifically, we 
reviewed Lawrence Berkeley's purchase card program and property 
management practices to determine whether (1) internal controls over 
the lab's purchase card (Pcard) program provided reasonable assurance 
that improper purchases would not occur or would be detected in the 
normal course of business, (2) purchase card expenditures made under 
the contract properly complied with lab policies and other applicable 
requirements and were reasonable in nature and amount and thus were 
allowable costs payable to the contractor under the contract, and (3) 
property controls over selected asset acquisitions provided reasonable 
assurance that accountable assets would be properly recorded and 
tracked.[Footnote 4] Our review covered selected transactions that 
occurred during fiscal year 2002 and the first half of fiscal year 2003 
(October 1, 2001, through March 31, 2003), which were the most current 
data available when we requested the data for our review. This report 
also includes seven recommendations for action--six related to actions 
needed to be taken by Lawrence Berkeley and one related to action 
needed to be taken by the DOE contracting officer for Lawrence 
Berkeley.

Results in Brief:

Internal control weaknesses in Lawrence Berkeley's Pcard program 
increased the lab's risk of improper purchases. These included 
weaknesses in supervisory review and approval of transactions, 
documentation, and segregation of duties. Specifically, of the 
nonstatistical selection of 144 transactions obtained through data 
mining[Footnote 5] for fiscal years 2002 and the first half of fiscal 
year 2003, we found that cardholder monthly statements for 35 (24 
percent) were not signed by approving officials in a timely manner or 
were not signed at all. For example, two statements were signed only 
after they were selected for our review--more than 2 years after the 
two purchases were made. We also found that 31 (22 percent) of the 144 
nonstatistically selected transactions we reviewed, totaling $38,680, 
lacked sufficient documentation such as an invoice, credit card 
receipt, or other sales documentation necessary to validate the dollar 
amount, quantity, and nature of the items purchased. This was due in 
part to the fact that monthly approvers were not required to verify 
purchases listed in the cardholder statement against supporting 
documents. This weakness in the review and approval function combined 
with the insufficient documentation of transactions created an 
environment where improper Pcard purchases could occur with little risk 
of detection. Further, two key personnel responsible for overseeing the 
lab's Pcard program were also cardholders, creating a lack of 
independence between their cardholder role and their Pcard 
administration role.

These control weaknesses likely contributed to the approximately 
$326,396 in improper, wasteful, and questionable purchases we 
identified during our review.[Footnote 6] While relatively small 
compared to the approximately $24 million in purchase card activity 
that occurred during the review period, it demonstrates vulnerabilities 
from weak controls that could be exploited to a greater extent. 
Specifically, we found improper purchases consisting of:

* Twenty-one improper split purchases--that is, groups of two or more 
similar transactions that were split to circumvent single purchase 
limits--consisting of 60 transactions totaling $160,011.

* Thirty-two restricted items purchased totaling $47,139 that did not 
have documented pre-approval as required.

* One purchase charged by a cardholder's monthly approver against the 
cardholder's account while the cardholder was out on disability leave.

We also considered 23 transactions totaling $10,911 as wasteful because 
they were excessive in cost when compared to other alternatives and/or 
were of questionable need, such as $985 for three Bose noise-canceling 
headsets and $403 for an air purifier from The Sharper Image. We 
considered 51 transactions totaling $116,894 as questionable because 
they had insufficient documentation that would enable us or the lab to 
determine what was purchased and whether the purchases were proper and 
reasonable. Because we only tested a small portion of the transactions 
we identified that appeared to have a higher risk of fraud, waste, or 
abuse, there may be other improper, wasteful, and questionable 
purchases in the remaining untested transactions.

Lawrence Berkeley did not ensure assets were accounted for and tracked 
properly and in a timely manner. For example, our data mining tests 
showed 303 assets totaling $3.5 million were assigned to persons who no 
longer worked at the lab. The majority of these assets were 
subsequently reassigned in April 2004, shortly before we conducted a 
physical observation of assets. In addition, 28 assets totaling 
$363,759 had been transferred from the Lawrence Livermore National 
Laboratory to Lawrence Berkeley in August 2003. However, Lawrence 
Berkeley did not enter these assets into the property database until we 
brought them to their attention in April 2004. All of the 100 assets 
selected for physical observation were either found or the lab provided 
documentation that the asset had been transferred or retired. However, 
we found several inaccuracies between the physical assets and the 
information recorded in the property database, including inaccurate 
serial numbers, incorrect property custodians, and inaccurate location 
information. These types of inaccuracies make the assets more 
susceptible to undetected loss or theft.

Subsequent to our review period, the lab made a number of policy and 
procedural changes that, if properly implemented, should help improve 
internal controls over its Pcard program and accountability for 
property. This included the implementation of a new Pcard program that 
significantly changed the lab's Pcard process. However, additional 
improvements are needed to further reduce the risk of improper and 
wasteful purchases.

Recommendations for Executive Action:

In order to address the issues identified in our review, we recommend 
that the Secretary of Energy direct the Director of the Lawrence 
Berkeley National Laboratory to take the following six actions:

* To strengthen internal controls over the purchase card program and 
reduce the lab's vulnerability to improper, wasteful, and questionable 
purchases, we recommend the following:

* Cancel purchase card accounts for cardholders who also perform 
oversight functions over the purchase card program to help ensure 
appropriate independence and separation of duties between these 
functions.

* Establish policies and procedures requiring that purchasers maintain a 
copy of the detailed sales receipt, invoice, or other independent 
support showing the description, quantity, and price of individual 
items purchased.

* Require approving officials to review (1) sales receipts, invoices, 
or other independent support showing the description, quantity, and 
price of individual items purchased and (2) restricted items approvals 
before approving purchases to ensure such items were obtained and 
documented where applicable.

* Implement tools, such as data mining, for the Pcard program or other 
review staff to use in reviewing cardholder purchases for improper 
purchases. These tools should be used to systematically monitor for 
split purchases, unusual vendors, and other potentially improper or 
wasteful purchases, and to monitor timeliness of reconciliations and 
supervisory approvals.

* To help improve Lawrence Berkeley's controls over the purchasing, 
recording, and safeguarding of assets, we recommend the following:

* Establish a policy requiring property management to provide a report 
of all missing assets detected during physical inventories to Lawrence 
Berkeley Security. 

* Establish a process to test the accuracy of key information recorded 
in the property management system, including the serial number, 
assigned custodian, location, and bar-code number.

We also recommend that the Secretary of Energy direct the DOE 
contracting officer for the lab to review the improper, wasteful, and 
questionable items we identified to determine whether any of these 
purchases should be repaid to DOE.

Agency Comments:

Lab and local DOE officials agreed with all of the recommendations 
except for the recommendations to (1) require sales documentation such 
as a receipt or invoice and (2) require approving officials to review 
sales documentation and restricted item approvals before approving 
purchases. They indicated that the new Pcard program has the data to 
support item price, quantity, and description via the requisition, 
monthly cardholder statement, and receiving data.

While the new system as described by lab officials may have improved 
the segregation of duties which is an important part of a good system 
of internal control, it does not substitute for independent, detailed 
supporting documentation of the description, quantity, and cost of 
items purchased in all cases. Without such detail, a reviewer would not 
be able to determine if the original order amounts were correct or 
whether additional items were purchased under that order. Consequently, 
sufficient, independent evidence for the individual items purchased and 
corresponding supervisory review of such evidence is necessary to help 
reduce the risk of improper purchases.

The lab also provided technical and clarifying comments, which we 
incorporated as appropriate.

Scope and Methodology:

To determine if Lawrence Berkeley's internal controls over its Pcard 
program provided reasonable assurance that improper purchases would not 
occur or would be detected in the normal course of business, we 
reviewed Lawrence Berkeley's contract with DOE and applicable 
provisions of the DOE Acquisition Regulation (DEAR) and the Federal 
Acquisition Regulation (FAR), performed walkthroughs of key processes, 
interviewed lab and DOE management and staff, and compared the results 
to the lab's policies and GAO's Standards for Internal Control in the 
Federal Government.[Footnote 7] These standards provide the overall 
framework for establishing and maintaining internal control and for 
identifying and addressing major performance and management challenges 
and areas at greatest risk of fraud, waste, abuse, and mismanagement 
and are based on internal control guidance for the private 
sector.[Footnote 8]

To determine whether Pcard expenditures complied with lab policies and 
other applicable requirements and were reasonable in nature and amount, 
we performed data mining on fiscal year 2002 and the first half of 
fiscal year 2003 Pcard transactions to identify indicators of potential 
noncompliance with policies and procedures and to identify purchases 
that appeared to be from unusual vendors, purchases made on weekends, 
during the holidays, or at fiscal-year end, and purchases of sensitive 
assets. Based on the results, we (1) identified 62 potential split 
purchases and tested all of them to determine whether they were in fact 
split purchases and (2) tested a nonstatistical selection of 144 
transactions for evidence of supervisory review and approval, adequacy 
of supporting documentation, and reasonableness of the purchases.

To determine if property controls over selected asset acquisitions 
provided reasonable assurance that accountable assets would be properly 
recorded and tracked, we performed walkthroughs to observe property 
controls, reviewed property management policies and procedures, tested 
accountable property items selected in the nonstatistical selection to 
determine whether these assets had been entered into the lab's property 
system prior to our review, performed data mining on the property 
database to identify possible database errors or inaccuracies such as 
property assigned to terminated employees and multiple property items 
with the same serial number, and performed a physical observation of 
selected assets to determine whether they could be properly accounted 
for.

We requested oral comments on a draft of the enclosed briefing slides 
from the Secretary of Energy or his designee and have included any 
comments as appropriate in the letter and enclosed slides. While we 
identified some improper, wasteful, and questionable purchases, our 
work was not designed to determine the full extent of such purchases. 
We conducted our work on all four labs from March 2003 through May 2004 
in accordance with generally accepted government auditing standards.

This report is available at no charge on our home page at http://
www.gao.gov. If you have any questions about this report, please 
contact me at (202) 512-9508 or Doreen Eng, Assistant Director, at 
(206) 287-4858. You may also reach us by e-mail at calboml@gao.gov or 
engd@gao.gov. Additional contributors to this assignment were Stephanie 
Chen, Barbara House, Kelly Lehr, Gail Luna, Lien To, and LaDonna 
Towler.

Signed by: 

Linda M. Calbom:

Director, Financial Management and Assurance:

Enclosure:

List of Requesters:

The Honorable Sherwood Boehlert, Chairman:
The Honorable Bart Gordon, Ranking Minority Member:
Committee on Science:
House of Representatives:

The Honorable Joe Barton, Chairman:
Committee on Energy and Commerce:
House of Representatives:

The Honorable Jerry Costello:
The Honorable James Greenwood:
The Honorable Billy Tauzin:
House of Representatives:

Enclosure:

[See PDF for images]

[End of slide presentation]

FOOTNOTES

[1] The National Nuclear Security Administration (NNSA) was created in 
fiscal year 2000 as a separately organized agency within DOE. As part 
of its national security mission, NNSA has responsibility for the 
institutional stewardship of three national security laboratories.

[2] The four labs we reviewed were DOE's Lawrence Berkeley National 
Laboratory and Pacific Northwest National Laboratory, and NNSA's 
Lawrence Livermore National Laboratory and Sandia National 
Laboratories.

[3] Separate briefings were provided for each of the labs reviewed, 
which we also summarized in separate letters. 

[4] Throughout this document, references to purchases and transactions 
refer to those made by the contractor employees of the lab that are 
charged to the DOE contract. Although the lab's purchase cards are 
issued by the contractor, purchases charged to the DOE contract are 
ultimately reimbursed and thus paid for by the federal government. 
Similarly, property purchased that is charged to DOE becomes government 
property.

[5] Data mining applies a search process to a data set, analyzing for 
trends, relationships, and interesting associations. For instance, it 
can be used to efficiently query transaction data for characteristics 
that may indicate potentially improper activity.

[6] This is the net total after adjusting for transactions totaling 
$8,559 that were in multiple categories. Five transactions totaling 
$7,852 were both improper because the cardholders failed to obtain 
required pre-approvals for restricted items, and wasteful because they 
were excessive in cost. In addition, $707 in sales tax that we 
considered wasteful is included in the transaction amounts of other 
transactions we considered improper, wasteful, or questionable.

[7] U.S. General Accounting Office, Standards for Internal Control in 
the Federal Government, GAO/AIMD-00-21.3.1 (Washington, D.C.: November 
1999). 

[8] Internal Control--Integrated Framework, Committee of Sponsoring 
Organizations of the Treadway Commission (COSO).