Am' TODAY HIncg77,resing clouds; Hig: 6,Low: 59. TOMORROW Mostly cloudy; High: 80, Low: 61. A6iryrnlai A century of editorial freedom WILY& Derrick Alexander out for the season. See SPORTS Page 10. Vol. C 146 Ann Arbor, Michigan - Thursday, September 12, 1991 Copyright0991* The Michigan Daily Research *costs come under fire nationwide by Bethany Robertson Daily Administration Reporter A federal audit accusing the University of incorrectly charging the government for more than $300,000 in research-related costs is only one of many reports that has resulted. from ongoing investiga- tions into university billing processes nationwide. Public attention was piqued last March when a government report accused Stanford University of *charging taxpayers for more than $150 million in excess costs over the past 10 years through a program known as indirect cost recovery. The complicated process, while not illegal if used correctly, is com- ing under fire for recent abuses. Universities nationwide charge the federal government for costs in- cidental to research projects, such as ,libraries, utilities, and groundskeep- ing. These costs are incurred during the process of research, but are not linked to any specific projects. Universities negotiate individual rates of recovery with government agencies such as the Department of Health and Human Services and the Defense Department every few years. The University had a rate of 59 percent for the past three years *and a 57 percent rate this year. In comparison, Stanford's rate was originally 78 percent. Translated into dollars, these figures means that for every dollar Stanford spent on specific research projects, an additional 78 cents was charged to the federal government. The problem with the system, as first discovered in Stanford's case, is that guidelines determining which *expenses are defined as indirect costs are unclear, and extraneous charges often go unnoticed. Stanford was charged with billing items such as a 72-foot yacht. After the Stanford incident was uncovered, audits were conducted at See COSTS, Page 2 'U' denies charges of misspent gov't funds by Henry Goldblatt Daily Administration Reporter Four University administrators disputed charges yesterday that the University misspent $7.9 million of government granted research funds. Executive Director for Univer- sity Relations Walter Harrison opened the press conference at the Michigan Union by calling such al- legations "absolutely untrue." Although the audit was not scheduled to be formally released for another few weeks, a draft was leaked to the press Tuesday night in Washington, D.C. The University had received the draft in late August and was still in the process of responding, Harrison said. The funds in question are related to the University's indirect cost re- covery rate. For each dollar a uni- versity spends on research, the Fed- eral Government reimburses it a fixed percentage of the money to cover costs that are indirectly asso- ciated with the project, such as building upkeep. The rate is negoti- ated between a university and either the Department of Health and Hu- man Services (HHS) or the Depart- ment of Defense. The University's rate is cur- rently 57 percent. The indirect cost recovery rate is then divided up into two categories - space related costs and adminis- trative costs. Part of the adminis- trative costs are General Adminis- trative and General Expense. HHS - the agency that oversees the University's use of government- granted research funds - has scru- tinized $7.9 million of the General Administrative and General Ex- pense's fund from 1989. Throughout last fall and this past winter, the University and HHS negotiated the University's indirect cost recovery rate for the next three years based on figures from fiscal year 1989. It was during this process that government nego- tiators first raised questions. The government claimed at that time that $5.9 million spent in 1989 on the University's News and In- formation Services, teaching and re- search personnel, and other expenses was inappropriate. However, during the negotia- tions, the University agreed not to include the $5.9 million in deter- mining the new rate, Harrison said. He said that it therefore is no longer an issue. But when HHS came to campus this spring to conduct an audit of fiscal year 1989, organization repre- sentatives found an additional $2 million in general administrative and general expense costs that they believe were improperly billed. The $5.9 million, when added to this $2 million, accounts for the total $7.9 million that the University is ac- cused of misspending. According to the audit, the $2 million covered the University's billing of some entertainment ex- penses, including a $4,329 trip to the Rose Bowl for the University's di- rector of communications and his wife and gifts for an ABC-TV per- sonality. Moreover, auditors ques- tioned an advertising spot during the Rose Bowl that University ad- ministrators bought to promote the University during half time. The Federal Government reim- burses the University for 15 percent See CHARGES, Page 2 Farris Womack, vice president and chief financial officer, William Kelly, vice president for research, Walter Harrison, executive director for University relations, and Richard Kennedy, vice president for government relations field questions about the audit of the University during yesterday's press conference in the Michigan Union. Thomas says he will keep open mind on abortion WASHINGTON (AP) - Supreme Court nominee Clarence Thomas said yesterday he was "very very pained" by the thought of back-alley abortions and insisted he would have an open mind as a justice about keeping medically safe abortion legal. However, he declined under per- sistent questioning to say whether he believed the Constitution pro- tected a woman's right to end her pregnancy. On the second day of his Senate Judiciary Committee confirmation hearings, Thomas was immediately confronted on the issue by Sen. Howard Metzenbaum (D-Ohio). Metzenbaum pressed for his view and Thomas refused to say how he would vote on challenges to the 1973 Supreme Court deci- sion legalizing abortion. To answer that question "would undermine my ability to sit in an impartial way on such an important case," he said. "I have no reason or agenda to prejudge the issue ... or a predilec- tion to rule one way or another on the issue of abortion," he added. Thomas, who would be only the second Black justice on the Supreme Court, was also asked why he had criticized decisions by the Court upholding affirmative action programs to remedy discrimination. Sen. Arlen Specter, (R-Pa.), ex- pressed concern about whether Thomas would respect the intent of Congress while interpreting civil rights laws that have long been regarded as requiring affirma- tive action hiring. Thomas said he would follow the intentions of lawmakers and added that his criticisms of Congress and of Supreme Court de- cisions were made when he chaired the Equal Employment Opportu- nity Commission. "I advocated as an advocate, and now I will rule as a judge," Thomas said. Thomas recalled that during the era when abortions were barred by law "you heard the hushed whis- pers about illegal abortions and the individuals who performed them in a less-than-safe environment." "If a women is subjected to an environment like that, on a per- sonal level, certainly, I am very, very pained by that," Thomas said. "I think any of us would be. I wouldn't want to see people sub- jected to torture of that nature." Sen. Patrick Leahy, (D-Vt.), ex- pressed surprise at Thomas' insis- tence that he had no opinion on the landmark 1973 abortion decision even though he had cited the case in several speeches and articles. "I can't believe that all of this was done in a vacuum, in the ab- sence of any clear consideration of Roe vs. Wade," Leahy told Thomas. Sen. Dennis DeConcini, (D- Ariz.), said he thought Thomas "handled the privacy questions very well" without taking a stand on abortion. "I don't see how you could ask him to do anything more." Israel releases prisoners, breaks NABATIYEH, Lebanon (AP) - Hopes grew yesterday for the re- lease of Western hostages in Lebanon after Israel freed 51 Lebanese prisoners and handed over the remains of nine guerrillas in ex- change for word that one of its sol- diers was dead. The Israeli move was seen as a crucial break in the hostage stale- mate, heightening prospects for a broad swap including the rest of Is- rael's dead and missing soldiers, more Arab detainees and the 11 missing Westerners. U.N. Secretary-General Javier Perez de Cuellar was "very encour- aged" by the day's developments, his spokesperson Francois Giuliani said. "He will now redouble his ef- forts to find a solution to the prob- lems of all hostages, detainees and missing persons," Giuliani said. Perez de Cuellar met yesterday with Iranian officials in Tehran, but iostage s his spokesperson gave no details about the talks. In Washington, the Bush admin- istration welcomed the latest moves. "We are very hopeful that this has ramifications that are help- ful to the hostage situation," said White House spokesperson Marlin Fitzwater. Sheik Mohammed Hussein Fad- lallah, spiritual mentor to Hezbol- lah, which is believed to be an um- brella for the pro-Iranian hostage- holding factions, said the releases and repatriations "creates an atmo- sphere conducive to positive re- sults." Fadlallah, who spoke to re- porters in Beirut, said he expected movement on the hostage issue as a result, but did not predict any timetable. Israel's chief hostage negotiator, Uri Lubrani, also expressed opti- mism about prospects for an overall settlement in the wake of yester- Ialemate day's "positive omen." "We all hope this is the begin- ning of a process which will end with the solution, once and for all, of the tragic problem of our POWs and MIAs and of the Western hostages," he told reporters at a news conference in Tel Aviv. The missing Westerners include five Americans, three Britons, two Germans and an Italian. The longest held is American Terry Anderson, chief Middle East correspondent for The Associated Press, who was kid- napped March 16, 1985. Israel said in a military commu- nique yesterday it had received "irrefutable evidence" that soldier Rahamim Alsheikh was dead. Alsheikh had been missing since 1986. With Alsheikh's confirmed death, six Israeli soldiers are still missing. See HOSTAGES, Page 3 Ah... Memories LSA Senior Bridget Fitzpatrick browses the selection of class rings being offered outside Michigan Book and Supply by Bob Petran, a representative from Jostens. City task force will consider jail sentences for noise violators by Ken Walker and David Rheingold Daily City Reporters , A City Council task force, orga- nized to address noise disturbances from loud parties, discussed a sys- tem of graduated fines for repeat of- fenders - possibly including a jail sentence - vesterdav in the Fire Under the current law, individu- als found to be in violation of the code are punishable by a fine of not more than $500. According to a draft resolution prepared by the City Attorney's office, criminal misdemeanors would receive: Upon first offense, a fine of MA ton V andar /inr in tn 10 $ in that a jail sentence was unreasonable except in cases of third-time offend- ers, and then only if the disturbance is brought as a criminal complaint. "The issue of sending (fraternity officers) to jail because they're cre- ating some noise ... that doesn't sound really right in my mind," said Tnterfraternitv Council (IFC) co- good neighbors," Foster said. Councilmember Kirk Dodge (R- 2nd Ward), also a task force mem- ber, agreed with Foster. "I just think there should not be a jail term option on the first or second offenses, but there should be a jail term on the third offense," he said. and the University administration, and representatives from the IFC and the Panhellenic Association. The City Council established the task force June 14 in response to a. sudden increase in the number of community complaints about noise from fraternity houses, Grady said. Foster qsid the T Tniversitv Greek i