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+[House Hearing, 117 Congress] +[From the U.S. Government Publishing Office] + + + THE 2021 GAO HIGH-RISK LIST: + BLUEPRINT FOR A SAFER, STRONGER, + MORE EFFECTIVE AMERICA + +======================================================================= + + HEARING + + BEFORE THE + + COMMITTEE ON + OVERSIGHT AND REFORM + HOUSE OF REPRESENTATIVES + + ONE HUNDRED SEVENTEENTH CONGRESS + + FIRST SESSION + + __________ + + MARCH 2, 2021 + + __________ + + Serial No. 117-6 + + __________ + + Printed for the use of the Committee on Oversight and Reform + +[GRAPHIC NOT AVAILABLE IN TIFF FORMAT] + + + Available on: govinfo.gov, + oversight.house.gov or + docs.house.gov + + __________ + + + U.S. GOVERNMENT PUBLISHING OFFICE +43-756 PDF WASHINGTON : 2021 + +-------------------------------------------------------------------------------------- + + + COMMITTEE ON OVERSIGHT AND REFORM + + CAROLYN B. MALONEY, New York, Chairwoman + +Eleanor Holmes Norton, District of James Comer, Kentucky, Ranking + Columbia Minority Member +Stephen F. Lynch, Massachusetts Jim Jordan, Ohio +Jim Cooper, Tennessee Paul A. Gosar, Arizona +Gerald E. Connolly, Virginia Virginia Foxx, North Carolina +Raja Krishnamoorthi, Illinois Jody B. Hice, Georgia +Jamie Raskin, Maryland Glenn Grothman, Wisconsin +Ro Khanna, California Michael Cloud, Texas +Kweisi Mfume, Maryland Bob Gibbs, Ohio +Alexandria Ocasio-Cortez, New York Clay Higgins, Louisiana +Rashida Tlaib, Michigan Ralph Norman, South Carolina +Katie Porter, California Pete Sessions, Texas +Cori Bush, Missouri Fred Keller, Pennsylvania +Danny K. Davis, Illinois Andy Biggs, Arizona +Debbie Wasserman Schultz, Florida Andrew Clyde, Georgia +Peter Welch, Vermont Nancy Mace, South Carolina +Henry C. ``Hank'' Johnson, Jr., Scott Franklin, Florida + Georgia Jake LaTurner, Kansas +John P. Sarbanes, Maryland Pat Fallon, Texas +Jackie Speier, California Yvette Herrell, New Mexico +Robin L. Kelly, Illinois Byron Donalds, Florida +Brenda L. Lawrence, Michigan +Mark DeSaulnier, California +Jimmy Gomez, California +Ayanna Pressley, Massachusetts +Vacancy + + David Rapallo, Staff Director + Emily Burns, Policy Director + Elisa LaNier, Chief Clerk + + Contact Number: 202-225-5051 + + Mark Marin, Minority Staff Director + ------ + + C O N T E N T S + + ---------- + Page +Hearing held on March 2, 2021.................................... 1 + + Witness + + The Honorable Gene L. Dodaro, Comptroller General of the United + States, Government Accountability Office + Oral Statement............................................... 5 + +Opening statements and the prepared statement for the witness are + available in the U.S. House of Representatives Repository at: + docs.house.gov. + + INDEX OF DOCUMENTS + + ---------- + + * Letter, Kansas Congressional Delegation; submitted by Rep. + LaTurner. + + * Report, Kansas Report on Unemployment Claims and Fraud; + submitted by Rep. LaTurner. + + * Letter, IRS Enforcement Letter from 88 Groups to the Biden + Administration and Congress; submitted by Rep. Ocasio-Cortez. + + * ``Who's Afraid of the IRS? Not Facebook,'' article, Pro + Publica; submitted by Rep. Ocasio-Cortez. + + * Questions for the Record: to Mr. Dodaro; submitted by Rep. + LaTurner. + + +Documents entered into the record during this hearing and + Questions for the Record (QFR's) are available at: + docs.house.gov. + + + THE 2021 GAO HIGH-RISK LIST: + BLUEPRINT FOR A SAFER, STRONGER, + MORE EFFECTIVE AMERICA + + ---------- + + + Tuesday, March 2, 2021 + + House of Representatives, + Committee on Oversight and Reform, + Washington, D.C. + The committee met, pursuant to notice, at 10:39 a.m., in +room 2154, Rayburn House Office Building, Hon. Carolyn B. +[chairwoman of the committee] presiding. + Present: Representatives Norton, Lynch, Cooper, Connolly, +Krishnamoorthi, Raskin, Khanna, Ocasio-Cortez, Tlaib, Porter, +Bush, Davis, Welch, Johnson, Speier, Kelly, DeSaulnier, Gomez, +Pressley, Comer, Jordan, Gosar, Foxx, Hice, Grothman, Cloud, +Gibbs, Higgins, Keller, Sessions, Biggs, Donalds, Herrell, +LaTurner, Fallon, Clyde, and Franklin. + Chairwoman Maloney. Welcome, everybody, to today's hybrid +hearing. Pursuant to House Rules, some members will appear in +person, and others will appear remotely via Webex. Since some +members are appearing in person, let me first remind everyone +that pursuant to the latest guidance from the House attending +physician, all individuals attending this hearing in person +must wear a face mask. Members who are not wearing a face mask +will not be recognized. + Let me also make a few reminders for those members +appearing in person. You will only see members and witnesses +appearing remotely on the monitor in front of you when they are +speaking in what is known in Webex as ``active speaker'' or +``stage view.'' A timer is visible in the room directly in +front of you. + For members appearing remotely, I know you are all familiar +with Webex by now, but let me remind everyone of a few points. + First, you will be able to see each other speaking during +the hearing whether they are in person or remote as long as you +have your Webex set to active speaker or stage view. If you +have any questions about this, please contact staff +immediately. + Second, we have a timer that should be visible on your +screen when you are in the active speaker with thumbnail. +Members who wish to pin the timer to their screens should +contact committee staff for assistance. + Third, the House Rules require that we see you. So, please +have your cameras turned on at all times. + Fourth, members appearing remotely who are not recognized +should remain muted to minimize background noise and feedback. + Fifth, I will recognize members verbally, but members +retain the right to seek recognition verbally. In regular +order, members will be recognized in seniority order for +questions. + Last, if you want to be recognized outside of regular +order, you may identify that in several ways. You may use the +chat function to send a request, you may send an email to the +majority staff, or you may unmute your mic to seek recognition. + Obviously, we do not want people talking over each other. +So, my preference is that members use the chat function or +email to facilitate formal verbal recognition. Committee staff +will ensure that I am made aware of the request, and I will +recognize you. + We will begin the hearing in just a moment when they tell +me they are ready to begin the live stream. + [Pause.] + Chairwoman Maloney. The committee will come to order. + Without objection, the chair is authorized to declare a +recess of the committee at any time. + I now recognize myself for an opening statement. + The U.S. Government is one of the most complex and +consequential organizations on Earth. Responsible for serving a +population of more than 330 million people and adding a new +person at a rate of every 52 seconds, the Federal Government +has a mission that is staggering in both breadth and depth. + Every two years, the Government Accountability Office +releases a blueprint for how to better meet this mission. The +GAO High-Risk List identifies the areas of Federal operations +most in need of improvement and transformation, complete with +hundreds of ratings and specific recommendations for how to +achieve progress. This year's report is titled ``Dedicated +Leadership Needed to Address Limited Progress in Most High-Risk +Areas,'' a message that cuts right to the heart of the +challenge we face. + Over the past four years, the objective metrics of the +High-Risk List shows that the Federal Government improved less +and regressed more than before the President took office. Of +the 35 areas that were included on the list, 20 were stagnant, +five regressed, and two new areas were added. The country now +strives to recover from an unprecedented pandemic that has +killed more than 500,000 Americans and reduced the average life +expectancy by one full year, a toll that falls particularly +hard on minority populations. + Fourteen million Americans lost their jobs in the first +three months of the pandemic, more than in two years of the +Great Recession. Ten million are still unemployed, and that +number doesn't even include the millions of Americans who have +given up looking for jobs. + As this silent war rages on in homes and hospitals, another +silent battle is being fought in our IT networks by cyber +attackers intent on stealing our intellectual property and +undermining our national security. The SolarWinds breach that +came to light last December as well as escalating targeted +cyber attacks that have drained millions of dollars from +struggling hospitals are just two examples of the threats that +we know about. + The economic toll of the pandemic also cuts across multiple +high-risk areas, draining, draining our ability to react and +straining our resources and inflicting damage on financial +regulatory systems that remain dangerously fragmented after the +last financial crisis. + Our frontline healthcare and essential workers are +traumatized and exhausted, suffering devastation that will +redefine a generation. They will not forget that the Federal +Government told them they were on their own when the ICUs +filled up and the personal protective equipment was nowhere to +be found. They will not forget the Federal Government put more +lives at risk by contradicting basic scientific facts. They +will not forget that the Federal Government used outdated IT +systems that delayed their economic stimulus checks. + I know our Federal Government is better than that. As one +of our colleagues reminded me a few weeks ago, our Federal +Government put a man on the Moon. So, setting up a functioning +system for distributing pandemic relief payments quickly and +accurately should be entirely attainable. + It is attainable, as are the other recommendations in +today's high-risk report, but it will take dedicated leadership +to get there and not just by one person. No one person can +rebuild the broken roads, prevent the next flood, or stop the +next deadly virus from ravaging our cities and towns. No one +person can remove the lead from the water, cover payroll costs +for pandemic-starved small businesses, or save the 136 +Americans who will die of opioid overdoses today. + No one person can do all these things, but when we all work +together as effectively as possible, we can make progress. That +is the work of Government and the work of today's report. + The committee is honored to welcome Gene Dodaro, the +Comptroller General of the United States and the head of the +Government Accountability Office. The diligent and thorough +work undertaken by Mr. Dodaro and his staff of dedicated +professionals complements the mission of this committee, and we +are grateful for it. + The need for an effective, efficient, functional, and +responsible Federal Government has never been greater. Congress +and the executive branch must work together strategically on +high-risk areas so Federal agencies are in the best position +possible to restore the health, security, and prosperity of the +Nation. + Comptroller General, thank you for being here today, and I +look forward to a wide-ranging discussion. + Before I recognize the ranking member, I want to make one +announcement. Mr. Dodaro is testifying in the Senate this +afternoon at 2:30 p.m., which means we will have to end our +hearing at 1:30 p.m. + With that, I now recognize the distinguished ranking +member, Mr. Comer, for an opening statement. + Mr. Comer. Thank you, Madam Chair, for holding this very +important hybrid, bipartisan hearing. + And thank you, Comptroller General Dodaro, for your +appearance here today. I know you are going to have a very long +day. + Today's hearing is exactly what this committee was designed +to do, explore areas where there are high risks of fraud, +waste, abuse, and mismanagement of Government resources. +Congress needs to know what steps we can take to make the high- +risk programs more efficient and less susceptible to misuse. + Taxpayers expect the Government to work for them, but far +too often, the complexity of the Federal bureaucracy leads to +risks of inefficiencies and mismanaged resources. I am glad the +hearing today will shine a light on Federal programs that are +especially susceptible to such risks, as well as identify +solutions to ensure that the Government is working for the +American people. + GAO's High-Risk List has informed congressional oversight +and decisionmaking since its inception in the 1990's. To be +included on the list, the GAO considers several factors, in +particular whether the area presents a risk of at least $1 +billion loss, involves public health, safety, national +security, economic growth, or citizens' rights. + The 36 separate areas identified in the 2021 High-Risk List +are selected by GAO as having both qualitative and quantitative +risks that present an elevated likelihood of fraud, waste, and +abuse. Once on the list, the program must demonstrate a +commitment to progress in five criteria, which GAO clearly +outlines. + Today's hearing should help us better understand these +recommendations so this committee can use the tools to ensure +these programs are better managed. The GAO estimates the High- +Risk List, combined with targeted congressional oversight, is +responsible for a financial benefit to the Federal Government +of $575 billion over the last 15 years and approximately $225 +billion since its last high-risk update in 2019. That is over +half a trillion dollars saved for the U.S. taxpayers over the +last 15 years. + But there remains serious work to be done in addressing +many of the deficiencies identified on the 2021 High-Risk List. +In fact, I see this report as a blueprint for congressional +action needed to make our Government work more efficiently for +the American people, while managing resources and utilizing our +tax dollars in the way that the law intends. Because despite +progress made in multiple high-risk areas since 2019, the news +is not all good. Only one area met all five criteria for +removal from this year's High-Risk List, while two new areas +were added to the list. Some areas regressed, while others did +not improve in any of the five criteria. + There is still a significant amount of work to be done, and +I have said many times that this committee should be guided by +its mission to root out waste, fraud, and abuse wherever it may +be found. I am glad to see the committee finally addressing +these issues. + Since October, committee Republicans have shined a light on +a $35 million contract to a get out the vote effort in +California that appears to violate Federal law. Meanwhile, the +Election Assistance Commissioner Inspector General has taken no +action. That is exactly why it is important for this committee +to focus on preventing mismanagement and frivolous spending +like we are here today. That is our job on this committee. + I look forward to hearing from our witness today about ways +Congress can enhance its oversight and improve the areas +identified on the High-Risk List to ensure that our Government +works on behalf of the American people. + Again, I thank the chairwoman for holding this important +hearing, and I yield back the balance of my time. + Chairwoman Maloney. Thank you. The gentleman yields back. + I would now like to introduce our witness. Today, we will +hear from the Honorable Gene Dodaro, who is the Comptroller +General of the United States. + The witness will be unmuted so we can swear him in. Please +raise your right hand. + Do you swear or affirm that the testimony you are about to +give is the truth, the whole truth, and nothing but the truth, +so help you God? + [Response.] + Chairwoman Maloney. Let the record show that the witness +answered in the affirmative. + Thank you. Without objection, your written statement will +be part of the record. + With that, Comptroller Dodaro, you are now recognized for +your testimony. + + STATEMENT OF HON. GENE L. DODARO, COMPTROLLER GENERAL OF THE + UNITED STATES, GOVERNMENT ACCOUNTABILITY OFFICE + + Mr. Dodaro. Thank you very much, Chairwoman Maloney, +Ranking Member Comer, members of the committee. I'm very +pleased to have this opportunity to talk about GAO's latest +high-risk update today. + There have been some bright spots and improvement. However, +our overall conclusion is that there has been limited progress +in the majority of the high-risk areas. Twenty, as you +mentioned, Chairwoman Maloney, have remained the same with +their ratings. Five have regressed. + Now on the positive side, seven areas made improvements in +their ratings. One to the point, as Ranking Member Comer +mentioned, of coming off the list. That's the defense support +infrastructure area. They reduced their warehouse, office +space, properties; reduced their leasing costs, as we +recommended; taken action to get intergovernmental agreements +in place to reduce their costs of operating their bases. And so +we feel comfortable. + Now when we take something off the list, that doesn't mean +it's out of sight. So, we keep an eye on the area to make sure +that it is, in fact, fixed. + And now on the other side of the equation, we're adding two +new areas to the High-Risk List. The first is the Federal +Government's efforts to prevent, respond to, and recover from +drug abuse. Unfortunately, from 2002 to 2019, 800,000 Americans +have lost their lives to drug overdose. The latest period from +May 1919 to 1920--May 1920 has the highest recorded number of +deaths already, on a preliminary basis, of 80,000 people. + This area needs greater Federal leadership, attention, +coordination, and a complete national strategy that's executed +properly, monitored, and refined going forward to combat this-- +another public health crisis that we're facing in addition to +the pandemic. + Second, we're adding SBA's Emergency Loan Program. Now +these loan programs have been a tremendous help to small +businesses across the United States during the pandemic, and I +want to emphasize that this designation does not detract from +the good that these programs have done. However, we think, when +you're spending close to $1 trillion, you also need good +accountability and transparency. And by those standards, these +programs have not met that goal. + There is need for greater oversight and management for +program integrity to minimize fraud and to provide better +accountability to the taxpayer. SBA was unable to get an +opinion from its financial auditors this past year because they +couldn't substantiate loan balances and other issues. + Now there are a number of existing high-risk areas that I +want to call your attention to. First is the cybersecurity of +our Nation. I first designated this a high-risk area across the +entire Federal Government in 1997. We added critical +infrastructure protection in 2003. The Federal Government is +still not operating, in my opinion, at a pace commensurate with +the evolving serious threats that are presented in this area. +So, we've put forth a number of recommendations. + Second is the Federal workforce. There are critical skill +gaps. Twenty-two of the high-risk areas are on there in part +because of skill gap in the programs. And the Federal +Government is, in my view, not well postured as it needs to be +to meet 21st century challenges. + This committee is very familiar with the high-risk issues +in the U.S. Postal Service and Census. So, I won't go into +those in much detail. + Limiting the Federal Government's fiscal exposure by +managing climate risk is a very important issue. The Government +is an insurer of flood insurance, crop insurance. It is the +biggest property owner in the United States and land owner. It +needs to limit disaster aid that's now over $1 trillion--or a +half trillion dollars since Katrina took place by building +better resilience in up front. + So, the bottom line here is that only 12 of the high-risk +areas have had leadership met as part of the criteria. So, we +need much greater leadership on the part of the agencies, OMB, +and continued oversight and engagement from the Congress. GAO +is ready to do its part to help. + Thank you very much. I'd be happy to answer questions. + Chairwoman Maloney. Thank you. I recognize myself for five +minutes for questions. + Last Friday, our committee had a hearing on the SolarWinds +breach and received really frightening testimony about how a +suspected Russian state actor infiltrated the networks of at +least nine Federal agencies and over 100 private sector +companies, stealing their intellectual property, their plans, +their research. Definitely a national security risk. + Our attackers wreaked silent, invisible damage on our +internal Federal networks for months undetected and would have +remained undetected for who knows how long if not for the +discovery by the cybersecurity firm FireEye. The vulnerability +of Federal and private sector systems, including critical +infrastructure of the Nation's energy, transportation, +communications, and financial sector, is absolutely staggering. + So, Mr. Dodaro, in the high-risk area of ensuring the +cybersecurity of the Nation, how many of GAO's recommendations +currently stand open to secure cybersecurity? + You need your mic on. + Mr. Dodaro. Since 2010, we've made 3,300 recommendations. +Seven hundred fifty remain open at this point in time. + Chairwoman Maloney. And how many would you describe as +priority recommendations? + Mr. Dodaro. There's about 67 priority recommendations +remaining open. But I would underscore that all 750 can +introduce vulnerabilities if not attended to. + Chairwoman Maloney. This is unbelievably unacceptable. +Which of these recommendations would have been most important +in preventing or responding to the SolarWinds attack? + Mr. Dodaro. There were two in particular. One dealing with +the information technology supply chain. There are best +practices that could be put in place to address that issue. We +warned about it before, but we took an in-depth look. None of +the 23 agencies that we looked at met all the best practice +criteria. So, we made 145 recommendations across Government to +better manage IT supply chain issues, which was a key weakness +exploited during the SolarWinds attack. + Second is to--and I'm pleased that Congress has acted on +this recommendation, which is to place a statutory cyber +coordinator in the White House that can coordinate activities +across Government to support the Department of Homeland +Security, to support OMB, and the agencies in the bridge to +civilian and military components, along with the National +Security Council. So, this is--this is an important area. So +far, that position has not yet been filled, however. + Chairwoman Maloney. Now if your recommendations had been in +place, do you think it would have prevented this cyber attack? + Mr. Dodaro. Well, it certainly would have led to an earlier +discovery of the attack. It's hard to say that, you know, you +can't have zero assurance. But we would have been better +postured to detect the attack ourselves, to take quicker +action, in my opinion. + Chairwoman Maloney. In response to your statement, if you +turn to page 168 of the report, which states--and I quote-- +about the need to coordinate with a cybersecurity professional, +``In light of the elimination of the White House Cybersecurity +Coordinator position in May 2018, it had remained unclear what +official within the executive branch is to ultimately be +responsible for coordinating the execution of the +implementation plan and holding Federal agencies accountable +for the plan's nearly 200 activities moving forward.'' + So, Mr. Dodaro, GAO's assessment that the Trump +administration's decision to eliminate the White House +Cybersecurity Coordinator position, do you believe that that +made the Nation more vulnerable to cyber attack? + Mr. Dodaro. Well, I'm very pleased that the Congress +created the position in statute, and I think having the +position filled will help reduce the Government's +vulnerability, if effectively implemented and the proper +leadership provided across Government. + Chairwoman Maloney. OK, and I think that the report later +discusses the attack and stresses that this national cyber +director needs to be filled. We support that. We passed it +legislatively. It was removed by the White House, and it has to +be put forward, a national cyber strategy needing a national +director focused on all of your recommendations. + I want to really point on something that came out of the +hearing, and that was the need to share information. And I know +that there has been legislation in calling for the sharing of +information between the public and private sector on cyber +attacks. There has been great resistance. Many people don't +want to share that information. They don't want people to know +that they had a breach, but this information has to be shared. + And I want to know what your assessment would be if we +required--we have, what, $1.5 trillion a year in Federal +contracts that go out. That if you receive a Federal contract, +then you must share that information with Government and the +private sector so that we can better address attacks to our +cybersecurity. Would you support that type of legislation +requiring as part of a Federal contract, if you are receiving +Federal money for research and you are breached, then you have +to share that breach with the Federal Government and colleagues +in the private sector to better combat it? + Mr. Dodaro. That type of provision would be very helpful, +Chairwoman Maloney. I appreciate that. + You know, 80 percent of the computing assets in this +country are in private sector hands. So, we can't effectively +combat this issue without sharing between the private sector +and the Government sector. Now there's reluctance to do that +for liability reasons, for business reasons, but we have to do +it in a confidential manner, where we can have and share this +information both from the companies being affected, but also +from the Government standpoint about threats that they're aware +of that they should warn the private sector about because they +have unique resources in Government that the private sector +doesn't have. + But so far, we're not at that point of having enough +fluidity in the sharing of this information to have an +integrated, coordinated effort to protect our Nation. And I'm +hopeful that the Cybersecurity Coordinator can help--once +that's filled, help build trust and build mechanisms to more +effectively share this information. + Chairwoman Maloney. Another thing that came out of that +hearing was how vast the amount of information they could +receive from the nine Federal agencies and some of the most +important businesses in our country, leading businesses and +leading agencies and technology that is vital for the survival +of our country. Yet they got into one system and was able to go +and climb into systems throughout the Government. + And it seems to me we should study how you firewall it. +Maybe the Government should not be connected to a system +connected to the private sector. In the breaches that I have +seen, most of them come in through the private sector and into +Government through a connecting system. And I would like some +research in that area of how we would firewall off defense, +energy, areas that are critical to the infrastructure of our +country. + I want to thank you. I have been on this committee many +years, and one of my favorite hearings is this one, when you +focus on the needs of what we need to do to make our country +stronger and more responsive to the people that we serve. + With that, I now recognize the gentleman from Arizona, Mr. +Gosar. You are now recognized, Mr. Gosar. + Mr. Hice. Madam Chairwoman? Madam Chairwoman? + Chairwoman Maloney. Yes. + Mr. Hice. Are we all going to be able to get nine minutes +of questioning? + Chairwoman Maloney. Yes, you can. Mr. Comer has it or +whoever he designates it to. This is one of the most important +hearings that we have in our committee. It points out what +needs to be done to protect our people and to make our country +stronger, and I am going to be extremely lenient on the +questions because we have the head here to give us direction, +and we need to hear his comments and the questions. + So, I am going to be very liberal on questioning because we +need to get these answers. But I have been told to call on Mr. +Gosar. Is that correct? + Mr. Comer. Yes, yes. + Chairwoman Maloney. And I will allow him eight minutes if +he wants, or whatever. Mr. Gosar, you are now recognized. + Mr. Gosar. Thank you, Chairwoman. + And I totally agree with you. This is one of the most +important hearings that we have in this committee. + We are here to talk about the GAO's 2021 High-Risk List, +which highlights major agency assets that have been either +lost, stolen, damaged, wasted, or underutilized. There are a +lot of programs you can dive into on this report, but there is +something I want to focus on first. + Mr. Dodaro, what if we were to tell you there is a massive +Government program out there that is ripe` with abuse? This +program undercuts Americans seeking work in the STEM field by +allowing businesses to hire foreign workers at a discounted +rate. This programs allows these discounts by ensuring these +foreign workers don't have to contribute to FICA, which is the +Social Security and Medicare taxes. + This program also allows those same individuals the ability +to withdraw from Social Security and Medicare even though they +don't contribute. As I am sure you are aware, this is extremely +problematic since Social Security will be insolvent by 2035 and +Medicare by 2026. Oh, no, I take that back. Now that we have +new actuarials, Medicare is insolvent by 2024. + This program was also not approved by Congress and actually +doesn't have a cap. Currently, no one knows how many +individuals are on this program. Do you know of the program I +am talking about? Because it didn't make it into your report. + Mr. Dodaro. I think you're talking about the--there's a +visa investor program where people can come in and invest? + Mr. Gosar. No. The program is called the Optional Practical +Training Program, also known as the OPT. This program was +created by a rogue Department of Homeland Security in 2008 and +has lasting impacts. Not only is this program reprioritizing +Americans last in regards to Social Security and Medicare, two +programs they have been paying in their whole lives, but also +those graduating in the STEM field. + Imagine being a young person nowadays going to college. +Media, society, and even Members of Congress tell youngsters +the importance of getting a degree in STEM. They go on to say +how there is a massive shortage, so there is a great window for +you to build a great career. + You spend years completing your degree, and then you hit +the job market just to be told that since you are an American, +there are no--they have no interest in hiring you because they +can hire a foreign worker for less with the same credentials, +and then less money is charged them. Is it really a mystery +that the Bureau of Labor Statistics found that for every two +students graduating with a U.S. STEM degree, only one is +employed in STEM? And that 32 percent of computer science +graduates not employed in information technology attributed +their situation to a lack of available jobs. + Mr. Dodaro, I suggest GAO adds this program to its list of +high-risk programs because, in my opinion and in the opinion of +many others, this is a program that needs to be highlighted and +addressed as abusive and ultimately bad for Americans. + Shifting gears slightly, Mr. Dodaro, I am hoping that you +can shed some light on the deficiencies related to the +Pentagon's financial management. As you are aware, Pentagon +bookkeeping is notoriously abysmal. In fact, DOD bookkeeping is +so abysmal that areas within the DOD have been in the high-risk +report since 1995. + These failures are evident and materialize every year when +DOD inevitably fails in its annual audit. On November 16, 2020, +the Pentagon announced for the third straight year, it failed +its financial review. The DOD estimates that it will not be +able to pass an audit before 2027, or 37 years after it was +required to do so by law. + According to your report, the DOD uses their reporting +tools to produce reports for high-level decisionmaking and +reporting based on real-time data contained in its centralized +data base. This tool enables DOD to produce reports on the +status of audit findings and its efforts to address audit +priority areas and material weaknesses. + Your report also goes on to say that ``The data base +information may be inaccurate, unreliable, and incomplete for +management decisionmaking'' and that ``Without complete and +reliable information on DOD's audit remediation efforts, +internal and external stakeholders may not have quality +information to effectively monitor and measure DOD's +progress.'' + Yet every year, Congress fails to hold DOD accountable for +these deficiencies during the appropriations process. We +continue to distribute duties and responsibilities to various +existing positions with less and less authority. While we must +compete with our adversaries, we cannot ignore these +deficiencies. In fact, I would argue that these deficiencies +hinder our efforts to maintain a strategic advantage over our +adversaries. + So, Mr. Dodaro, why is the Pentagon estimating that it will +not be able to pass an audit before 2027? + Mr. Dodaro. One of the reasons, Congressman Gosar, is that +for many years, I'd say almost 20, 25 years, DOD did not have a +very good process in place and take this requirement for a +financial audit very seriously, and Congress waived the +requirement for them for a number of years in order to get +their systems in place, which never happened. + So, the past three or four years have been the best I've +seen, and I've been monitoring this the whole 30-year period, +where DOD is finally serious about having a financial audit +done. They've corrected 25, 26 percent of all the weaknesses +that have been identified. + So, basically, the reason is they got a very late start. +Their systems are antiquated. They need to make sure that they +have more financial management personnel that are qualified and +trained. That's one of the 22 areas on the list because of the +need for closing skill gaps. And they need to fix these +problems and to consolidate and modernize their financial +systems. + My hope is, if this progress is sustained, that they will +get there ultimately because this is the one area in the +Federal Government of the 24 largest departments and agencies +that have never been able to pass the test of an independent +audit, and it's needed. + The other thing I would point out is they're already +beginning to realize millions of dollars of savings as a result +of doing the financial audit by identifying property and +equipment that was not on their books that they can then use +rather than reorder new equipment. So, it's already having very +good benefits, and I think that will help sustain the progress. + But you're right to point it out, and I think I would +encourage Congress to keep monitoring the progress there very +carefully. + Mr. Gosar. Is some of the issues in regards to this audit +sole-sourcing contracts? + Mr. Dodaro. I don't know. I will get you an answer for the +record there. I believe there were competitive--competed. But +I'm not sure and--but I will find out and get an answer to you. + Mr. Gosar. Thank you. Then also in that contract base, is +it of question, the calibration in regard to Davis Bacon wages? + Mr. Dodaro. I don't believe that applies to the financial +audit, no. + Mr. Gosar. But it does to DOD regards to fair and +compensate contracting, does it not? + Mr. Dodaro. Well, it does in regard to construction +projects and other things, but I'm not sure it applies to +professional services. But I'll get you--again, I'll get you a +more definitive answer on that. + Mr. Gosar. OK. One last question. What can we do, as +Congress, in the Fiscal Year 2022 NDAA to accelerate the +timeline for a successful Pentagon-wide audit? What can we do +to put the carrot and the stick so that we actually get that +compliance? + I mean, 25 percent is pretty pathetic. And thank you for at +least getting that. But I mean, we can't fully understand the +ramifications unless we have the full information. So, what can +we do to make your job better? + Mr. Dodaro. I think you can continue to ask DOD for their +plan to modernize their systems to get at the underlying cause +for the problems and to make sure that Congress gives them +funding to bring in all the qualified people that they need in +order to fix these problems. That would--that's the key to +expediting progress. That's how it's happened across the rest +of the Federal Government. + Mr. Gosar. Isn't it the purpose of the Antideficiency Act +to do exactly that, that Congress appropriate their funds for +the specific purpose and that DOD has to spend those funds +accordingly to that purpose? + Mr. Dodaro. Yes. But the Antideficiency Fund makes sure +that the agencies don't spend more than what Congress gave them +to. I mean, so it's basically the Empowerment Control Act is +the one that makes sure that they spend it for the purposes +that the Congress intended it to do. + Now you asked me what Congress could do to help, and I--and +of something that they could place in the NDAA, and I think it +is requirements for them to provide good plans for improving +their systems and to encourage them to have all the qualified +people they need would be good steps for Congress to take. + Mr. Gosar. Thank you. I yield back, Chairwoman. + Chairwoman Maloney. The gentleman yields back. The +gentlewoman from the District of Columbia, Ms. Norton, is +recognized. Ms. Norton? + Ms. Norton. Thank you, Madam Chair. Can you hear me well? + Chairwoman Maloney. Yes, we can. + Ms. Norton. I appreciate this hearing. I believe we have +this hearing annually, and this High-Risk List keeps appearing +before us. + I must tell you, Madam Chair, that before being elected to +Congress, I was a tenured professor of law. I recognize failure +when I see it. So, I would like to discuss changing our +approach in at least some ways. + As I looked at this list and I considered my own +responsibilities and the committees on which I serve, I thought +one way to go with this is to look for win-win opportunities +when it comes to high-risk areas. And so I looked for such +areas where you have the same investment because that is going +to be an issue. Money is always an issue. And the same, time +and resources. + And the reason I am looking at a win-win is because of my +service on the Transportation and Infrastructure Committee, and +we have just gotten a bill in the reconciliation package. And +it is, of course, one of the high-risk areas that I think +presents us with an opportunity for a win-win. + So, my question for Mr. Dodaro is, first as I understand +it, I believe you have just testified in response to a question +from one of my colleagues that 80 percent of the--of this issue +is in private hands. Is that not the case? + Mr. Dodaro. Yes. So, in talking about computing, the +computing assets, yes. + Ms. Norton. So, progress in this area hinges really on +congressional action, the action we take. We in the Congress +takes. Is that correct? + Mr. Dodaro. That's part of the issue, but the executive +branch needs to execute as well and to gain the cooperation of +the private sector, particularly for critical infrastructure +protection. + Ms. Norton. That is where I want to go, to critical +infrastructure protection, because the President, President +Biden, has before us a Build Back Better agenda that would +invest $2 trillion to improve the Nation's infrastructure and +surface transportation system. That is of special interest to +me because of the committee on which I serve. I also know that +the American Society of Civil Engineers reports that 1 out of +every 5 miles of highway pavement in the U.S. is in poor +condition. + So, then I looked at infrastructure itself because of my +interest in that area. That The Build Back Better plan would +electrify various forms of surface transportation. I think we +are already beginning to see electric cars or electric +transportation, surface transportation, here in my own +district, in the District of Columbia. + It would electrify various forms of surface transportation, +and that would include, of course, the kind of surface +transportation that is used every day, like commuter trains and +school buses, transit buses, ferries, passenger vehicles. All +of that is on the horizon, while allocating flexible Federal +investments to enable municipalities to install high-rail +networks and improve existing transit. + So, looking forward, Mr. Dodaro, would infrastructure +improvements create jobs and cut emissions as a prudent +investment to address multiple high-risk areas all at one time? + Mr. Dodaro. I think it's very important that we, as a +country, invest in our infrastructure. The surface +transportation infrastructure area has been on our High-Risk +List for over 13 years. We need to have the type of financing +and support available for improving surface transportation. In +the cyber area, we've made recommendations that there need to +be more investment in the electricity grid and other areas to +build in better resilience to those areas. + So, there's a wide range of needs in the infrastructure +area. It would directly address some of the areas on the High- +Risk List and, I think, you know would be most appropriate. + Ms. Norton. Thank you very much. + And there you have it, Madam Chairman--Madam Chair, a win- +win matter for us to consider, rather than coming back every +year to repeat our failures. + I yield back. + Chairwoman Maloney. I agree. The gentleman from Georgia, +Mr. Hice, is recognized for five minutes. + Mr. Hice. Thank you, Madam Chair. + And thank you, Mr. Dodaro, for being here with us again +today. + Isn't it true that there are several programs that have +been on the list ever since the High-Risk List was implemented +back in 1990, I believe? + Mr. Dodaro. Yes. There are 5 charter members remaining of +the 14 that were on the list at that point. They're some of the +biggest programs in the Government--weapon systems acquisition, +Medicare, for example. + Mr. Hice. Right. And not only are those founding members, +as you say, but we have a lot of other veteran members that +have been on since the late 1990's or early 2000's as well. + Is there any kind of repercussion, such as withholding +certain amounts of funds, money that they can receive or any +other type of repercussion for agencies or agency organizations +that remain on the High-Risk List year after year after year? + Mr. Dodaro. Nothing other than what Congress may impose on +individual areas. For example, the DOD infrastructure support +area we've taken off the list this time, Congress required +regular hearings where they had DOD come up. They had GAO +continue to investigate in it. And Congress stayed on them with +requirements in the National Defense Authorization Act until it +was improved. + So, congressional oversight and actions. In some cases in +the past, there's been funds withheld for modernization efforts +until they develop proper plans and institutions. There's no +sort of generic---- + Mr. Hice. I get that, and you are spot on. There is no +question the role of Government oversight. But I am wondering +from a legislative perspective to ensure--if there is +ramifications? Everyone works off incentives. Our free markets +work off incentives, and where there are incentives to improve, +people tend to improve. But if there are no incentives to do +so, then people, organizations--in this case, organizational +groups stay on the High-Risk List year after year after year. + Would there be wisdom in having some sort of incentive +program or ramifications for these agencies to get off the +list? + Mr. Dodaro. Whatever incentives could be craft--crafted +would be helpful. + Mr. Hice. OK. + Mr. Dodaro. But in crafting of them, they'd have to be +careful because some of them provide essential services to +people, and you wouldn't want to interfere with Medicare +payments, you know, for people in need of healthcare---- + Mr. Hice. Sure. + Mr. Dodaro [Continuing]. Inappropriately. But there--so +you'd have to tailor the incentives, and you know, it'd be +better if there were positive incentives, but if there are +incentives that--or the things you want to put in as penalty +type of things, that has to be carefully crafted. + Mr. Hice. Right. And that is a point well taken. + But at the end of the day, I mean, don't we have to ask +ourselves what is the effectiveness of having a High-Risk List +if there is no incentive for agencies to get off it? I mean, +what are we ultimately accomplishing? Just it is almost like +this has become the norm for certain agencies just to be on +there every year. + Mr. Dodaro. Well, as pointed out earlier, in the last 15 +years, the financial benefits have been over $575 billion. So, +we've saved--you know, there's been a lot of progress in saving +some of them money. + Mr. Hice. For those agencies that have responded. + Mr. Dodaro. Well, even--even some that are on the list. I +mean, some of the biggest savings, for example, have come in +the weapon systems area, where they've reduced the cost growth. + Mr. Hice. Right. + Mr. Dodaro. And in the Medicaid program by making some of +the demonstration projects now budget--they're supposed to be +budget neutral, budget neutral or not. So, that's been $10 +billion. + So, a lot of the financial benefits come from programs that +are still on the list that are making incremental progress. +They don't come from---- + Mr. Hice. OK, I get you. But we still have a long ways to +go, obviously, when looking at all this? + Mr. Dodaro. Oh, no, clearly. Yes. + Mr. Hice. I am going to try to stay within my five minutes. +So, let me just ask you this one other question that has really +been on my mind. Is there any relationship between IT +modernization and these agencies that stay on the High-Risk +List? In other words, those that year after year after year are +on this list, are they also primarily the ones who are failing +to modernize their IT? + Mr. Dodaro. There are clearly cases of that. It's not +universal. One primary case would be the Veterans +Administration, both in healthcare, acquisition management, and +other areas. The DOD financial management area, we just talked +about. So, there clearly is an interrelationship between a lack +of ability to modernize. There's a relationship in the high- +risk areas. These legacy systems are a millstone around the +neck of the Federal Government from a security standpoint. + Mr. Hice. Right. + Mr. Dodaro. And many of them are 40, 50 years old, and they +were never developed with security concerns in place. So, +there's interrelationship between IT and the cyber areas. + Mr. Hice. That may be one area we could look. + Mr. Dodaro. That's definitely a fruitful area to pursue, +Congressman. + Mr. Hice. OK. All right. Thank you very much. + I yield back. + Chairwoman Maloney. The gentleman yields back. The +gentleman from Massachusetts, Mr. Lynch, is recognized. Mr. +Lynch? + Mr. Lynch. Thank you, Madam Chair and to the ranking +member. + Welcome back, Gene. Good to see you. Thank you for your +great work and for the work of your team. + As the chair has said, this hearing is one of the most +valuable I think for Congress to focus on this High-Risk List, +and you have really been very helpful in getting us to focus +when we have got so many issues that are out there that need to +be addressed. + Now DOD in 2020 was slated to spend about $1.8 trillion in +taxpayer money to acquire about 106 different weapon systems. +And what really concerned me deeply is that the level of +vulnerability we have, because these weapon systems are so, so +complex, and we could talk about, you know, our satellite +system, the hypersonic weapon systems, the F-35, you know, the +Aegis Destroyer systems. All of it is heavily dependent on +software, on cybersecurity in order to optimize the value to +the warfighter. + So, what I am concerned about, and this is especially +relevant after the SolarWinds hack, you mentioned in your +report--and I will quote from the Director of Operational Test +and Evaluation. He said that nearly every warfighting and +business capability is now software-defined. Simply put, the +systems, whether it is the missile system or ships or the F-35, +all of that is dependent and doesn't work if the software +doesn't work. And we are likely to upgrade a system by +installing new software than by replacing hardware. + However, in your report--and I am thankful for it--your +most recent high-risk report, the Director also reported that +the Department ``lacked testing personnel with deep +cybersecurity expertise.'' The Director also stated that, +``Without substantial improvements to cybersecurity test and +evaluation, especially in the workforce, DOD risks lowering the +overall force readiness and lethality'' of our weapon systems. + So, can you talk about that aspect of your report? Because +I think, look, the costs are completely out of control, and the +schedules, we are falling years and years behind on some of +these complex systems. And even the asymmetry of the threat +environment out there, you know, a handful of good hackers can +keep thousands of our people on the defensive end busy just +trying to protect against that small group. So, if you could +talk about that aspect of your report, I would appreciate it. + Thank you. + Mr. Dodaro. Yes. A few years ago, we started looking at the +focus the DOD had on cybersecurity and developing new weapon +systems, and they really weren't focused on it very well. When +they did look into it, it showed extraordinary vulnerabilities. +And so we became concerned. So, we've looked more at it. We +made some recommendations, and they're gradually improving. + But they're not to the point of where they need to be in +the development of new weapon systems going forward. So, we're +watching that very carefully. It's very concerning, and this is +true of many critical functions. Not only the DOD, but in the +private sector and elsewhere, because most things now, our +industrial control systems, everything is software dependent or +connected to the Internet that would have problems. So, this is +problems that we see as well in the GPS systems. + Mr. Lynch. Is this a pipeline problem where we are not +developing the personnel to do this work, or is it the private +sector is siphoning away all the good talent with better +salaries and things like that so that from a personnel +standpoint we are having a difficult time competing? + Mr. Dodaro. Yes. Well, there's definitely that element to +it, and I'll ask Nick Marinos, our cybersecurity expert who +looked at the workforce issues. But I think you have multiple +facets of it. You definitely don't have enough people to +provide services to both the private sector and the Government. +So, we need to increase the pipeline. There's no question about +that. + Mr. Lynch. Yes. + Mr. Dodaro. And a number of universities now are starting +to have cybersecurity programs. University of Maryland has one. +I've met with the professors there. We were actually in the +classrooms giving case examples in how you could--and we're +pulling people in from the Government. So, and I work with +Virginia Tech and some other places. + So, we've got to increase the pipeline. We'll never be +competitive in the Government for services from the private +sector in this arena. So, we use contractors a lot, which is +fine, and we're going to have to use contractors to help. But +the Government has got to have an ability to oversee the +contractors effectively and to have the patience and the +discipline necessary to make sure that these areas are attended +to before they rush into production. + That's the biggest problem we've seen is where they want-- +the technology is not mature enough, including cybersecurity, +but other parts of maturity in the technology before we want to +rush it into production. So, that's an area where, you know, +congressional intention is important, but we have to increase +the size of the workforce in the United States. And whatever +can be done in that area I think is terribly important. + Mr. Lynch. Well, I thank you for your service and your +assistance in this matter. + And Madam Chair, I yield back. Thank you. + Chairwoman Maloney. The gentleman yields back. The +gentleman from Ohio, Mr. Gibbs? You are now recognized, Mr. +Gibbs. + Mr. Gibbs. Thank you, Madam Chair. + And thank you for being here today. + Let us talk a little about the Post Office. The Postal +Service has lost $87 billion over the past 14 fiscal years, +including $9.2 billion in Fiscal Year 2020. Is that correct? + Mr. Dodaro. That sounds about right. + Mr. Gibbs. And they expect to lose about $9.7 billion in +Fiscal Year 2021. Given the serious financial disaster looming +at the Postal Service--and also their service has, you know, +just gone to pot--wouldn't you agree that congressional action +is urgently needed to bring reform and that mere half measures +and band-aids would be unacceptable? + Mr. Dodaro. Absolutely. I have testimoneys dating back +several years that have Congress needs to urgently act on the +Postal Service. So, I'd certainly believe it now. I've believed +it for a while. + Mr. Gibbs. If Congress addresses the prefunding of Medicare +integration, would that be enough to permanently fix the Postal +Service financial situation, or would it just make the balance +sheet look better at the time? + Mr. Dodaro. It would--it wouldn't fix the underlying +business model problem, no. It would help alleviate some of the +current fiscal stress, but not fix the fundamental---- + Mr. Gibbs. So, we also have to implement operational and +structural reforms? + Mr. Dodaro. Yes. Yes, you need structural reforms. + Mr. Gibbs. Does your agency suggest any structural reforms +or---- + Mr. Dodaro. Yes. Yes. + Mr. Gibbs. Can you specify? + Mr. Dodaro. Well, we think--I mean, the fundamental issue +here is you have a business model that's completely broken. +It's been disrupted by technology, and that's been accelerated +by the pandemic. And it accelerated during the global financial +crisis where first-class mail is dropping, which is where they +had a competitive advantage, you know? They were basically a +monopoly from that standpoint. + And the Congress has expected them to operate like a +business, but the model is broken. So, there has to be a +determination here because nobody wants to give up some of the +services that the Postal Service is providing--six-day +delivery, universal coverage, rural area coverage, and other +areas. And our recommendation, there needs to be an agreement +within the Congress about what services do you really want, and +does the model where you have a Postal Service that's supposed +to operate like a private sector really the model that you +want? Or do you want something like that, but there's a-- +there's a commitment by the Congress to provide additional +funding there, too, to have a floor of service required. + So, you need to figure out what services you want to +provide, how you want to pay for them, and then structure a +governance structure and an organization that fits that on a +sustainable basis going forward. + Mr. Gibbs. Last week, Postmaster General DeJoy testified, +and of course, he is working on reforms. And one thing I +questioned--I was concerned about is in their reforms and their +projections going out I think it was 10 years, they are +projecting more volume. And what would you think, are they +going to actually have more volume? + Obviously, the economy grows and everything else, but we +are seeing what is happening in the private sector, the Amazons +of the world. Do you think it is prudent for them to base their +projections on a significantly increased volume that they will +be handling, or is that something they should not be doing? + Mr. Dodaro. Yes. Well, I haven't--we haven't looked at +their projections lately. I'd be happy to do so. But I mean, my +offhand reaction to that is that you don't want to be overly +optimistic because in the package area, they have competition. +And the competition has been moving out, and they rely on the +post office particularly in rural areas, where it's not cost +effective. But where it's cost effective, those companies are +moving in that area and are having services--Amazon and +others--delivering their own packages and things. + Mr. Gibbs. I totally agree with you. There is competition +in the packages. That is obvious. But I would also argue that +the competition might even be even greater in the first-class +postage because of the use of online, Internet. I told him last +week that I refuse to mail a check in the mail anymore because +I don't have confidence in the system. + And so I think they are going to have more first class is, +you know---- + Mr. Dodaro. Well, I think you're going to--you have a +generation now, as the generations age, they're not using mail. +I mean, even my children don't even check their mail that +often, you know, because they're using text and they're using +other things. + Mr. Gibbs. I certainly agree, and I made that point. I'm a +baby boomer, and I look at the millennials and the Generation +Zs. If I am doing this as a baby boomer trying to not use the +mail because I don't have confidence anymore, that is why my +argument about their increased volume and everything else, I +think that they are maybe singing in the wind. + But anyways, appreciate your comments. Thank you. + Mr. Dodaro. Sure. + Mr. Gibbs. I yield back. + Chairwoman Maloney. The gentleman yields back. The +gentleman from Tennessee, Mr. Cooper, is recognized. Mr. +Cooper, you are now recognized. + Mr. Cooper. Thank you, Madam Chair. + Congratulations, Gene, on another superb biennial report. + I would like to focus my comments on how we can help you +humanize that report because, unfortunately, with over 300 +pages, when so much of it is mind-bogglingly complex, the media +and our constituents back home will miss the fact that your +report really is a feast for those of us who hate waste, fraud, +and abuse. + So, I want to offer three suggestions as ways we might be +able to keep this report in the news longer and help the news +focus more on the details. Because a detail in your report is +still oftentimes a multibillion dollar, if not a trillion +dollar, matter. + No. 1, I would like to suggest that as great as your report +is, it is almost too much to swallow all at once. When you were +talking about $6.6 trillion in annual outlays from the +Government, that is to say even a small corner of the report +can be an incredibly large and important area. I don't know if +there is a way that maybe we could parcel this out over some +time period so that we have weekly scandal that we could look +into or weekly waste, fraud, and abuse thing that we could +attack. + No. 2, I noticed in your report that you really don't even +look at anything smaller than $1 billion in money at risk. And +that is entirely appropriate for your report, but it seems to +me that we might be able to farm out some of these areas that +are smaller than $1 billion but still very much worth pursuing +so that we could get, I don't know, maybe agency IGs to be held +responsible for the items under $1 billion. Because for the +folks back home, cutting things off at anything smaller than $1 +billion as essentially budget dust, that is hard to explain +back home. + My third point is this, and one of the previous questioners +was getting at it. As good as congressional oversight can be, +and I am glad that the DOD infrastructure has made some +improvements, I was heartened to see, for example, that the +U.S. Army in the National Capital Region in the last 10 years +has reduced its leasing requirements from 3.9 million square +feet to only 1 million square feet. That is saving us like half +a Pentagon just right there, and that is just because we +tightened up a little bit of the management for one of the +military services. + But I am worried that we need some sort of mechanism like +maybe freezing the budget of an agency that doesn't respond to +your request. Because when you mentioned the five charter +members that have been on your report since the beginning, that +is pretty embarrassing that we haven't been able to graduate +those charter members into reformed entities that have taken to +heart your recommendations and like the Pentagon should have +done, what, 20, 30 years ago, actually pass an audit. + So, these are just three areas I think where we can work +more effectively together so that we can make your report even +more effective than it already is because the savings you have +already achieved are monumental and wonderful, but there is so +much more that we can do together. So, I just would like your +comments on my three comments. + Thanks. + Mr. Dodaro. Yes. First, with regard to the focus of the +report being broad, we only do this once every two years. And +what's been done in the past that I found effective is a series +of hearings that then delve into individual areas in more depth +over a period of time. Because what we're trying to do when we +do this at the beginning of each new Congress is to help set +the oversight agenda for the Congress for the entire two-year +period. + And so, you know, that's still possible to take each of +these areas and have more hearings on them. Other committees +have these hearings, the authorizing committees, the +appropriation committees as well. This committee could pick a +subset of issues, focus on them in more in-depth work. I've got +plenty of experts in GAO who can come and testify, get down to +the real nitty-gritty details in those areas. + Second, on the billion dollar cut, that's just for the +high-risk areas. We look at a lot of programs and activities +that are below $1 billion in GAO and issue regular reports on +that. We issue 600 or more reports every year on all facets of +the Government. + Also, it can be less than $1 billion if it has public +health and safety risk or national security risk or other +areas. And so the dollar threshold is only one of very many +factors that we consider in designating them in the other +areas. + The last area that you mentioned I think is important, but +that's really a policy followed by the Congress, and I think it +has to be tailored to each individual area that's on the list +to make sure that the incentives work in a proper way, and we +don't actually cause people to game the systems, and not fix +the problem, get around the penalties or incentives that are in +place. That's been the case in the past, and I think the best +thing--what I'm going to try to do, Congressman Cooper--and I +appreciate your comments on the report--is I regularly meet +with the heads of the agencies once they're confirmed to try to +get them to focus on these areas. + Where I've been successful in that regard, and OMB has been +engaged. Really, OMB hasn't been engaged over the past few +years in this area because some of these require resource +investments to fix as well as other areas. Where OMB is engaged +and the Congress is engaged on a continual basis, those are the +ingredients for success and things can come off the list. + And one of the reasons some of these areas are on the list, +like Medicare, is the entitlement programs are on basically +automatic pilot unless there is a change in the requirements. +They don't go through--a lot of these programs don't go through +the annual appropriation process. So, there could be other ways +of getting at some of these programs. + So, I'd be happy to work with the Congress on implementing +all of your suggestions, more focused attention on individual +areas, crafting incentives to try to provide positive +improvement at a quicker pace over time, focusing in on smaller +areas that may not have the dollars but have, you know, an +outsized impact on the public and their health and safety. + Mr. Cooper. Thanks, Gene. + Madam Chair, I yield back. Thanks. + Chairwoman Maloney. The gentleman yields back. The +gentlewoman from North Carolina, Mrs. Foxx, is recognized for +five minutes or as much time as she may consume. + Ms. Foxx. Thank you, Madam Chairman, and thank you very +much for having this hearing. + And Mr. Dodaro, we really appreciate you. And I want to +followup on one comment that our colleague Mr. Cooper brought +up, and that is I think it is troubling to me and to the +American people that we don't put groups on the High-Risk List +until the exposure for loss is at least $1 billion. You know, +that is a big number for us, but I am glad to hear what you had +to say about we all know--I think most of us know that you are +looking at things that have exposure to less than that when you +are asked to do that. + And I certainly appreciate the work that you have done on +looking at programs that come under the jurisdiction of the +Education and Labor Committee, and you all have done a great +job on that. So, I really appreciate what the GAO does. I think +we all have to remember that we are talking about hard-working +taxpayer dollars all the time, and I appreciate it. + A new addition to the High-Risk List this year is national +efforts to prevent, respond to, and recover from drug abuse. +Over the past few years, Congress has authorized billions of +funding through legislation such as Comprehensive Addiction and +Recovery Act, CARA, and SUPPORT for Patients and Communities +Act. Would you say that the billions in resources provided +these and related legislation is vulnerable to waste, fraud, +and abuse? + Mr. Dodaro. I'd have to go back and take a look at that. +But which legislation again, Congresswoman? + Ms. Foxx. CARA Act and SUPPORT for Patients and Communities +Act. We have some real concerns on this, and I wonder if you +looked at how--has GAO looked at where the billions of funding +Congress has passed to fight the opioid crisis has actually +been spent? Has anyone asked about that? + Mr. Dodaro. Yes, let me ask Ms. Clowers. She's on the line. +Nikki, do you--are you familiar with these programs? + Ms. Clowers. I am. And Representative, we are actually--we +have ongoing work right now looking at the uses of the opioid +funding. As you noted, billions have been allocated, and we are +in the process of studying how those moneys have been used. + Ms. Foxx. Yes, and I think in particular because this money +has been put out in grants to the states and local government, +we need to expect and demand accountability, like have there +been fewer overdoses? Are more lives being saved? + So, I think too often we never get accountability for these +funds, and the emphasis, it seems to me, should always be +there. However, what we are hearing is increasing rates of drug +overdoses in the 12-month period ending May 2020. So, we have +no way of knowing, as far as I know, again what the impact has +been on these grants and maybe what the impact has been from +COVID. + I think there needs to be some emphasis there, too. So, I +hope you all will be looking at that. + Mr. Dodaro. We will. We will. Go ahead Nikki. + Ms. Clowers. Yes, ma'am. I am sorry. Yes, ma'am. It is a +really good point, both in terms of the grants to the state and +local governments, but also it is across the Federal +Government, too. There is about a dozen Federal agencies that +are involved. And so finding--having that transparency and +visibility is important, and we will bring that to you because, +as you said, the overdose deaths have increased by May 2020. +But then also projections in terms of the impact on COVID that +deaths have increased, overdose deaths have increased to about +83,000 during the period of last year, which is very +concerning. + Ms. Foxx. And I think, to go back to what you said earlier, +Mr. Dodaro, that we need to have some feedback from you all on +what needs to be done to tighten up these programs a little +bit. + I have one more question. As we all know, the Post Office +is repeatedly on GAO's High-Risk List. The Postal Service is +not making required payments to fund the postal retiree health +and pension benefits, and we had a hearing last week with the +Postmaster General. So, what congressional action do you +believe is necessary to address this issue? It is very timely +that you are here to be able to talk about that in conjunction +with the hearing last week. + Mr. Dodaro. Yes. Well, I think, in the short term, the +Postal Service needs some, you know fiscal help and release. +And I know there's been discussions about not requiring pre- +funding anymore. My only caution there is if Congress decides +to go that way that according to our calculations, the fund +would only be enough for the next 10 years to pay for the +retiree healthcare costs, and then there would be a payment of +our estimate is $7 billion a year that our Postal Service would +have to come up with to pay on you go basis. + So, there may be a compromise between not paying at all and +paying a more modest amount into the fund so you don't have all +of a sudden, you know, a $7 billion bill hits you on a year +down the road. So, we don't want to kick the can down the road +and have it explode in our face later, and I think so there'd +be caution on that front. + I know there's some discussion about using Medicare program +that has some options, but there are problems with the +Medicare. The Medicare hospital trust fund is estimated by +2024, which isn't that far away, to only have 83 cents to pay +on the dollar. So, we're shifting part of the problem there, +where we already have a problem. + So, that would help create some room for the Postal +Service, but they need fundamental reform, as I mentioned +earlier in my comments to the gentleman, Congressman from Ohio. +And I think Congress needs to come to grips with that. They're +not--you can't deal with this with just giving them temporary +relief and hoping that it's going to go away. It's not going to +go away. There needs to be more fundamental reform, and you got +to figure out what the Federal Government wants to contribute +over time and the model because I'm not sure they could be +self-sustaining over a long period of time. + Ms. Foxx. Right. + Mr. Dodaro. I know they're trying to, and I wish them well. +But the dynamics are not in their favor long term. + Ms. Foxx. Well, when we were in the midst of talking about +these pension reforms, I asked staff to check with me. Only 22 +percent of the people in the private sector in this country are +covered by pensions. It just seems very unfair to me to ask the +taxpayers, who have no pensions themselves, to be paying for +the pensions of other people who are working for the Government +or in a quasi-government agency. + Thank you, Madam Chairman. I appreciate it very much. I +yield back. + Chairwoman Maloney. I thank the gentlelady for her +question, and I ask a point of personal clarification. + On the Medicare integration portion, it is my understanding +that the postal people paid into it. They paid into it, and +they aren't claiming it. And Congress has said they can't claim +it. Certain people can't claim it. + What we were talking about is just allowing the postal +workers to have the same benefit that every person has, that if +you pay into Medicare, you are entitled to get your payment +out. Right now, in our research, the Postal Service had paid +$35 billion into the Medicare program that their workers were +not pulling out because they had paid it. So, maybe a study on +that that clarifies exactly how much have they paid in, and why +are they not allowed to get Medicare like anyone else in the +country who pays into it. + I now call upon Mr. Connolly. You are now recognized for +five minutes. + Mr. Connolly. Thank you, Madam Chairwoman. + And welcome, Mr. Dodaro. It is great to see you again. And +I do think that this piece of work by GAO is maybe one of the +most critical pieces of work Congress gets on a routine basis. +It is an illuminating document. It is a guidepost to what we +need to be doing in Congress, frankly, to make Government work +better and certainly, I think, a flashing red light for many +executive agency heads to understand that they have got +problems they have got to deal with. And so thank you. + I would just note, the gentlelady from North Carolina just +talked about the unfairness of some pensions being helped by +tax dollars. I don't think anyone is talking about the postal +pension program or the healthcare benefits being bailed out by +tax dollars. I mean, these are dollars paid into those programs +by hard-working postal workers. And we came up in 2006 with +this onerous prepayment requirement--again, with postal +workers' money, not somebody else's money--that has +unnecessarily burdened the Postal Service with a debt overhang +that is unique to it. And since Congress created that problem, +we need to fix it, and that is what we are trying to do with +postal reform. + Mr. Dodaro, could you talk a little bit about one of the +high-risk items you identified a number of years ago that we +picked up on and did act on in passing FITARA, which you +endorsed and followed through on oversight with twice a year +hearings--we are now about to schedule the 12th such hearing-- +was IT modernization of the Federal Government, a lot of legacy +systems, lack of investment, and so forth. + Where are we on that as a high-risk item today? + Mr. Dodaro. Well, the passage of FITARA by the Congress and +the continued focus of the FITARA scorecards and the attention +of, Congressman Connolly, you and other members of this +committee have helped make progress. It saved billions of +dollars in data center consolidations. It's also drawn a +spotlight on the software inventory issue, which is now taken +out of the scorecard process because so much progress has been +made in that area. + However, there is remaining work to be done. The many +agency CIOs still don't have the full range of responsibilities +that are needed to make them a key player at the table, +oversight over the IT budgets, sway in some of the decisions +that are made. That's still a problem area that needs attention +in that area. + There is still not fast enough pace on modernization of the +legacy systems. The Technology Modernization Fund was thought +to be had more funds in it that could help in that regard, and +that hasn't--that hasn't been necessarily forthcoming in terms +of that expectation. + So, you really need to reform those legacy systems faster +for security purposes, for service purposes, and a wide range +of other areas. + Mr. Connolly. So, if I can interrupt you--if I can +interrupt you, Mr. Dodaro, on that point. And that is why the +new President recommended $10 billion, $9 billion of which +would go to the Technology Modernization Fund precisely to +serve as sort of seed capital and the catalyst to retire those +legacy systems, some of which are 40 and 50 years old and +getting pretty creaky. Is that correct? + Mr. Dodaro. That's my understanding. I'd ask Nick Marinos, +our IT specialist to comment on that. Nick? + Mr. Marinos. Yes that's correct, Congressman Connolly. So, +ultimately, the benefit of having the Tech Modernization Fund +gain some additional appropriations would be to give it wider +reach. So, at the moment, there's only about a dozen projects +that have been approved. But the benefit of TMF would +ultimately be to give the Director of OMB the ability to more +rapidly associate where there are areas that need the funding +and then agencies to also go through a much faster approval +process versus what would normally take probably a couple years +for procurement within their agencies to actually work. + Mr. Connolly. And Nick and Mr. Dodaro, just to show the +direct correlation with COVID-19 relief funding, clearly IT +plays an integral role in delivering the benefits we are voting +for. Is that not correct? + For example, we asked the SBA back in the spring to +increase its lending 30-fold in one month. So, we went from a +$20 billion a year loan portfolio for SBA for small businesses +for a year, $20 billion, to $600 billion in one month. And its +IT system, eTrans, could not handle the volume, the demand, and +the program changes for eligibility and review that Congress +mandated in the Federal law. + We saw a similar pattern in the 60 different IT systems at +IRS that got overwhelmed with family payments, child support +payments, as well as doing its job with respect to tax returns. +And of course, at the state level, it has been a nightmare, +frankly, because of IT systems being old and legacy laden in +terms of unemployment insurance benefits. + But could you comment just a little bit about that, how the +pandemic, how TMF is so necessary as part of the COVID-19 +response because we have seen the creakiness and the fractures +in IT systems that are directly related to the missions for +which we need them, we depend on? + Mr. Dodaro. No, that's absolutely right. I mean, basically, +there was serious strain on those systems to just conduct +normal operations. And what we did was we layered on top of +that, you know, trillions of dollars to be spent in a quick +period of time, and therefore, it took already-stressed systems +to the breaking point, to the brink. + And so you need some help and relief in those areas. And +the state unemployment systems are 40 years old in some cases. + Mr. Connolly. Yes, yes. + Mr. Dodaro. And this is the first time as a country we've +had unemployment across so many sectors at the same time. Not +even during the global financial crisis did we have as many +sectors of the economy affected as we've had with the pandemic. +And so that's a classic glaring example. SBA is another example +where they've been unable to provide the services that are +needed in a short period of time. + The Technology Modernization Fund, as Nick alluded to, +provides a faster vehicle for getting systems in place than +going through the regular process. That was one of its virtues. +And so those things can help, particularly in a pandemic. + You know, we have the tendency to think . You know, if you +just--we just throw money at something, it's going to solve it. +But in order to do it efficiently and effectively, you need IT, +and you need the people skills in order to do it properly with +proper accountability and transparency and efficiency. + Mr. Connolly. Well, I know you are going to the Senate +today, and I hope you will take that message to our colleagues +in the Senate, who thought that the TMF, the Technology +Management Fund, was unrelated to COVID and at one point zeroed +it out, to the horror of the chairwoman and myself and my +ranking member Mr. Hice and I think Mr. Comer as well. + So, thank you for that testimony, and thank you, Madam +Chairwoman, for the indulgence. + Chairwoman Maloney. Thank you. The gentleman yields back. +The gentleman from Texas, Mr. Cloud, is recognized. Mr. Cloud? + Mr. Cloud. Thank you, Madam Chairwoman. + Thank you, Mr. Dodaro, for being here. + As has been said a number of times, I can't think of a more +important committee hearing for us to have. I look forward to +this each time, and appreciate you coming here and presenting +the findings of your report and thank the chairwoman's latitude +in giving us room to really address this. + You know, I would say the one thing I wish is that we have +more of these, and that believe your report came out Friday, or +at least that is when our offices--they were distributed to our +offices, and so it would be wonderful to have even more time to +dig into these issues and get down to the details of it. +Because as you mentioned a number of times, congressional +action is so important, and we want to make sure we get that +right and get the details right. And so I appreciate you being +here. + You know, Last time when you met here, I think we were $22 +trillion in debt. We are just about--I checked out the U.S. +debt clock this morning--about to hit $28 trillion, and that is +before the $1.9 trillion bill that is working its way through +Congress right now. + And it has also been mentioned when you talk back home +about to even begin to make the list, you have to be potential +wasting $1 billion. It has been said years ago I think that you +spend millions and millions, soon it adds up to real money. We +are to the point where it is you spend billions and billions, +sooner or later it adds up to real money. But that is where we +are. + I would note, is debt or interest considered in your +report? + Mr. Dodaro. Yes, I have a special report that I issue every +year on the fiscal health of the Federal Government. That will +be coming out in the next month or so. And you know, I +basically said in that report that our Government is on a long- +term unsustainable fiscal path. + I've called for reforms to how we set the debt ceiling, +which really doesn't control the debt, and it causes problems +when it's not raised in time. Because all the debt ceiling does +is authorize Treasury to borrow the money to pay for the bills +Congress has already appropriated and the President signed into +law. And there can be disruptions in the Treasury market and +increasing cost. + But we need to do everything as a country now to deal with +the COVID-19 healthcare crisis and to deal with our economy and +get it back in a robust manner. But as soon as that happens, +we've got to quickly turn our attention to having a plan, which +I've called for now for four straight years, to deal with our +long-term problems. + There are problems. Our Highway Trust Fund is insolvent +this year. Congress has been supporting it with other funds. +It's not self-sustaining, the way it was initially intended. +There's a gap there of about $195 billion over the next few +years. + I mentioned Medicare. By 2024, only have 83 cents to pay on +the dollar for the hospital trust fund. And Social Security by +2031 will only have enough money to pay 75 cents on the dollar. + Mr. Cloud. It seems to me, you know, this being a report on +waste, fraud, and abuse, and the potential thereof, that every +dollar we spend on interest is wasted. It doesn't go into any +sort of programs, and of course, interest is about to outpace +military spending even, and that is totally crowding out any +sort of discretionary funds that we have. + Do you know how many Federal programs exist? This is a-- +this is a number I have been trying to get for a long--do we +have a hard number? + Mr. Dodaro. No. There is not a hard number, and I've been-- +-- + Mr. Cloud. Are agencies---- + Mr. Dodaro [Continuing]. Recommending this for years. +Actually, Congress passed a law that required OMB to develop an +inventory of programs. + Mr. Cloud. Right. + Mr. Dodaro. That law is now about 10 years old, and we +still don't have an inventory of Federal programs. Now there's +a Taxpayers Right-To-Know Act that passed recently---- + Mr. Cloud. Right. + Mr. Dodaro [Continuing]. That would require them to do +this. We've given them some advice on how it could be done. +They've tried it before, but it hasn't worked. They let each +agency come up with their own list. And so we need a program +inventory. + Mr. Cloud. And our office has presented legislation that +would implement a Federal sunset commission, for example, that +would review these. But the first step is counting and figuring +out how many programs and agencies we have for review. + Mr. Dodaro. Right. + Mr. Cloud. And it seems like that it is a difficult---- + Mr. Dodaro. We've done that in some areas, but it takes a +lot of work. And as soon as you have it, it's outdated. + Mr. Cloud. Yes. I want us to talk a little bit more on +something that Mr. Hice talked about earlier, and that is just +the general how do we incentivize performance? For example, in +business, you have built-in incentive for efficiency and +performance and getting those metrics and advancing those +metrics. In a bureaucracy, it seems like everything is against +that. + You know, everything--there is no incentive and, actually, +a disincentive for, if you know if you do something efficiently +your budget gets cut, and if you do something poorly, then we +come back to Congress and say we need more money to do it. And +then just there has been sometimes, unfortunately, a sense in a +bureaucracy that the administration, whichever administration +it is, is temporary, the bureaucracy is permanent. We will just +kind of wait this out, live this out. + How do we shift that? What are some recommendations you +would have for us in being able to deal with nonperformance and +be able to return, whatever your view, right or left, on the +issue of just being able to return value to the taxpayer? + Mr. Dodaro. Yes, right now, the incentives are reversed. +When a program is created in the Federal Government, you have +to take extraordinary measures to stop that program from +continued funding. There's an assumption that it should be +continued funding. + And so if GAO comes up with an idea or the IGs or somebody +else, the onus is on us to say you shouldn't fund it at that +level. The onus ought to be on the agencies to say that the +program is effective, we've evaluated it, it's meeting its +objective, and here's when we're done. + Most of these programs, not only do we not know the number, +we don't know whether they're effective or not because they've +never done program evaluation. Now Congress passed legislation +recently to go to evidence-based decisionmaking about programs. +And so it's very important that these program evaluations be +done to see if they're operating effectively. + So, Congress needs to change the--flip the script and +require a clear record of positive performance to continue +funding at the same level and not assuming that it will +continue. + Mr. Cloud. Sounds like a good case for a sunset commission +to me, among other--I have a whole slew of other questions on +specifics of the different programs, but thank you for the +indulgence on the time. And hopefully, we will be able to have +more hearings on the specifics of this list going forward to +address these. + Thank you so much, Madam Chair. + Mr. Dodaro. Thank you. + Chairwoman Maloney. Well, all questions can be put into the +record to get answered later, too. + Mr. Cloud. Right. Well, I will do that, but the discussion +now. + Chairwoman Maloney. The gentleman from Maryland, Mr. +Raskin, is recognized for five minutes. Mr. Raskin? + Mr. Raskin. Thank you, Madam Chair, and thank you for this +excellent hearing. + I want to talk about climate change, which is not only a +civilizational emergency, but it is also a fiscal catastrophe. +America has incurred $1.24 trillion in economic damages since +2005 through various climate disasters and calamities. We have +seen millions of acres of forest in California lost to +wildfire, record drought across the country, record flooding +across the country, especially in coastal cities, a dramatic +rise in sea level, millions of climate refugees from around the +world, record velocity hurricanes, and so on. + You call, Mr. Mihm, for a National Climate Strategic Plan. +You call for prioritizing national climate resiliency projects, +and you also call for a new pilot program for community climate +migration. I wonder if you would explain to us what that means? + Mr. Dodaro. Yes, I'm going to ask Mr. Gaffigan, who's our +expert in that area, to respond to that question, Congressman. + Mr. Raskin. Sure. + Mr. Dodaro. Mark? + Mr. Gaffigan. Thank you, Congressman. Thank you, +Congressman Raskin, for the question. + Yes. When we talk about the migration program, there are +communities throughout the country that are particularly +vulnerable to climate change. Communities in Alaska, we did a +recent report, looked at communities in Alaska. Maryland, the +Eastern Shore and your home state, as well as other parts of +the country. And there is a need to prioritize the help that we +can provide these communities and not leave them alone as they +address these challenges. + Mr. Raskin. In 2015, the GAO recommended that the Federal +Government come up with a plan to provide information to state, +local, county decisionmakers, as well as private sector +decisionmakers, to educate people about the dangers of climate +change and also to promote climate resiliency. I am wondering +whether that happened, why we need it, and also whether you +think that such cooperation and information sharing between the +Federal level and state and county and local level would better +prepare us for things like the Texas power grid disaster that +we saw last month because of extreme weather in Texas that +disrupted the lives of millions of people? + Mr. Dodaro. Yes, let me just say, Mark, and I'll turn it +over to you. Congress passed an important bill that began to +move in this direction back in the 2018 Disaster Reform +Recovery Act that required the agency, FEMA, to create a grant +program with funding for disasters to allow resilience, to be +building in resilience up front. + For years, the Federal Government standard when there was a +disaster is build back the same as it was before, not better. +And this would help agencies--or state and local levels and +others to build more resilience in up front. It's been proven +that, you know, a dollar spent up there can save $9, $10 later +on by building resilience in up front. + Mr. Raskin. OK. And so that is really my question now, when +you are calling for prioritizing national government resiliency +projects, coordination between the Federal level and the state +and local level for community climate migration and so on, I +mean, would all of that help us to prepare for things like the +catastrophe that just took place in Texas where---- + Mr. Dodaro. Yes, yes. + Mr. Raskin [Continuing]. People's lives were disrupted? + Mr. Dodaro. Yes, absolutely. Absolutely. Mark, you want to +explain a little bit better? + Mr. Gaffigan. Sure. I mean the, the information, you asked +about information, Congressman Raskin, and that has been some +worked on since 2015, but we have been kind of disappointed +that there hasn't been this national strategy that could pull +together that kind of information. We have done some work on +building resilience that sort of points to three areas the +Federal Government can help. + One is providing incentives. The other is information, but +also integration. Because not only does this need to be a whole +of government approach and all levels of government, including +tribes, but it also needs to be a whole society situation where +we address this, bringing in---- + Mr. Raskin. Yes, let me pursue that for one second, Mr. +Gaffigan, because I think that the COVID-19 crisis, I hope if +it has taught us nothing else, it is that an invisible and +silent threat can shut down the country and can traumatize and +kill lots of our people. Climate change is in the same +category, isn't it? And don't we need to mobilize the whole +society to confront this danger? + Mr. Dodaro. Absolutely, yes. Yes. + Mr. Raskin. And my time is up. So, I will yield back. + Mr. Dodaro. I would just say, Congressman, in closing that +we put that on our list in 2013. We think it's important to +deal with this to limit the fiscal exposure of the Federal +Government, and the Government--Federal Government can provide +leadership, but just like on the drug misuse area, you need to +have national leadership, but you've got to have all segments +of the society involved to help. + You know, building codes and structures are set at the +local level. So, if you don't have them involved, the Federal +Government is going to be limited in what it's going to be able +to do. + Mr. Raskin. Thank you very much. I yield back, Madam Chair. + Chairwoman Maloney. The gentleman yields back. The +gentleman from Louisiana, Mr. Higgins, is now recognized. Mr. +Higgins? + Mr. Higgins. Thank you, Madam Chairwoman. I thank you, +ma'am and Ranking Member Comer, for holding today's hearing +regarding the GAO High-Risk List for 2021. Ensuring oversight +of Federal programs and American treasure should be a priority +mission of this committee. Transparency and supervision of +these programs, while time-consuming, is crucial. + Over the last 15 years, oversight of the High-Risk List has +saved over $575 billion. While large programs are created with +trillion dollar budgets, this has increased exposure, shall we +say, to bad actors, Government malfeasance, and unforeseen +consequences. This is almost predictable when we are dealing +with this much money. So, so this is an incredibly important +function, and our oversight should be 100 percent bipartisan. +And I am sensing that now. + And I would like to thank my friend Representative Raskin +for bringing up climate change, and I invite him to Louisiana, +where we have a very old saying that if you don't like the +weather in Louisiana, stick around because it will change. +Perhaps my constitutionalist friend can visit, and we will have +an interesting townhall in my district regarding---- + Mr. Raskin. I am going to take you up on that, Mr. Higgins. +I would love to join you. Love to. + Mr. Higgins. Yes, sir. Always the gentleman you are, good +sir. + Madam Chairwoman, critical programs such as the Census, +Postal Service, cybersecurity, the SBA programs, PPP and EIDL, +they should remain the focus for the GAO and Members of +Congress and this committee. But I would like to focus my time +and give our Comptroller General an opportunity to respond to +some questions I have regarding specifically cybersecurity as +it relates to Government contracts and national security. + So, Comptroller General, thank you for being here, and I +would like you to give us your insight regarding what GAO is +doing, at what level does vetting take place and your own +inspections dive deep into cybersecurity-contracted entities +that deal with protecting us against intellectual property +theft, malware, and cyber espionage? + And I give you a lengthy time to respond here, sir, because +it is very important. I would like to know. The committee would +like to know. America's interest is certainly much more heavily +focused now on cybersecurity, as we should be. So, give us the +GAO perspective there, please, sir. Intellectual property +theft, malware, and cyber espionage. + Mr. Dodaro. Yes. Well, we raised this issue recently on +intellectual property, most recently with the pandemic in terms +of protecting information regarding vaccines development and +distribution. We had pointed out a lot of problems at HHS, at +CDC, the National Institutes of Health and others, and urged +them to correct the problems that they have in place to protect +the intellectual property around that area. + The Government has a responsibility for all its contractors +to make sure that they have proper safeguards in place in order +to make sure that the business they're doing with the +Government and access to the Government systems are protected. +DOD has just started a computer or cyber maturity model +accreditation to make sure the contractor systems are up to +speed. That's in its incipient stages. It needs to be developed +further. + I'd ask our expert in the cyber area, Nick Marinos, to add, +Congressman, because you're asking a very good question, and +it's very important. Nick? + Mr. Marinos. Yes, Congressman Higgins, I think you raise a +really important point. The reliance that the Federal +Government has on contractors to process Government information +is the only way that we get business done in many ways. And so +it requires Federal agencies to realize that that is their +responsibility, that they have to have the capabilities in- +house to be able to confirm that those contractors and also +vendors--so it could be the software that is being utilized-- +that they have ways to verify the cybersecurity of those +products and services. + And unfortunately, as this committee last Friday showed +through its hearing on SolarWinds, you know, our--we are behind +the eight ball on this, and we continue to be, which is why +cybersecurity has remained on the High-Risk List for over 20 +years now. The benefits to having some kind of a certification +process are quite significant because it would allow agencies +to have a level playing field, kind of understand, you know, +which contractors have sort of been vetted to sort of clear +those security requirements. + But on the other side, this is also a workforce issue. +Government agencies not only need to have cyber expertise +within their security operations center and within their +technical capabilities, but also within their procurement +offices. We need to have oversight of those contractors come +from individuals that are both savvy in understanding how to +administer contracts and also how to ensure that the +contractors are adhering to things like security requirements +as well. + Mr. Dodaro. But we're going to be taking, Congressman, a +closer look at this area because the concern I have is that the +agencies haven't been able to fix the systems properly that +they have responsibility for, let alone oversee the +contractors. So, I think you got a potential double +vulnerability here that needs to be more deeply investigated. + Mr. Higgins. Thank you, sir. I very much appreciate your +very thorough response. + And Madam Chair, I look forward to further discussions on +this issue, and I yield. Thank you, Madam. + Chairwoman Maloney. The gentleman yields back. The +gentlelady from California, Ms. Speier, is recognized. + Ms. Speier. Thank you, Madam Chair. + I concur with all of my colleagues that this is one of the +most important hearings we have every two years. + Mr. Dodaro, once again, you are a jewel to the Federal +service, and I thank you for the almost a generation that you +have been at GAO. + I would like to start off by suggesting something. I want +to associate myself in particular with members on both sides of +the aisle, but also specifically the gentleman, my good friend +from the state of Tennessee, Mr. Cooper. I think that there are +ways of highlighting your work that would be very effective, +and I would like to make one recommendation, Madam Chair. + There is always low-hanging fruit, and it may not be over +$1 billion. What if we were to create--and Mr. Dodaro, this is +where you would come in--a bushel of low-hanging fruit. And I +just looked it up, and a bushel is 32 quarts. So, if we +identified 32 programs or fixes that we should make, that could +be real money, and I would like to recommend that, Madam Chair, +as something that we could do. + As we talk about the SBA, in your report you made reference +to the fact that there is not a review of loans that are under +$2 million. Do you think that number should be lowered and we +should demand that Treasury look at smaller loans? + Mr. Dodaro. Yes, I think there should be. Not each +individual loan. What Treasury said is that they want to look +at every loan over $2 million. Our view was that SBA needed to +have some plan on a sampling basis or some risk analysis to go +in and look at the other loans as well, not each and every one +of them. + And they do have a plan to look at loans under $150,000, +which is many of the loans are at that level, before they give +forgiveness for the loan. And so, but we've just gotten their +plan. We haven't looked at it yet. But it's based upon a risk +analysis and then a sampling of the loans, from what I +understand. + Dan Garcia-Diaz here is our expert in that area. Dan, do +you have a comment on that, please? I think you're on mute, +Dan. Your mic is not working? OK, I'll speak on behalf of Mr. +Garcia-Diaz. And so, you know, we're going to be---- + Ms. Speier. I think his microphone is working now. + Mr. Garcia-Diaz. My mic is working now, yes. + Mr. Dodaro. OK, go ahead. + Mr. Garcia-Diaz. Yes. So, there is now plans for both +automated reviews and manual reviews of the different--at +different loan levels, and so we are assessing those plans +right now. But as the Comptroller General pointed out, we don't +expect a full review of all the loans, but rather to devise a +process for selecting loans and particularly flagging loans +that may have some questionable characteristics that might +further warrant review by SBA. + Mr. Dodaro. Yes, I think it's important as far as---- + Ms. Speier. Could I ask a followup question? Has the SBA +detailed a clear plan on how to recover funds deemed were +fraudulently obtained? + Mr. Dodaro. Not that we've seen yet. And, I don't believe +so. But my concern here is that this program has been very +poorly managed, and we just recently got their oversight that +we called for last June. Now I can understand in March, you +know, getting the money out quickly, but you needed to have an +oversight plan in place soon thereafter. + And one of--there's been a lot of fraud in this area, both +the PPP program and the Economic Injury Disaster Loan program. +And one of the reasons I think it's important to look at loans +that are all sizes is that a lot of people committing fraud +purposely stay at a low level and try to, you know, just hit +several different times to stay under the radar screen. And you +have instances of people creating fake businesses that don't +even exist that are getting the money. + And so there have been over 140 different indictments so +far. About 40-some people have already pleaded guilty. There +are hundreds of investigations still ongoing. So, there needs +to be some money. + Now they did recover, from what I understand, about $450 +million in the Economic Injury Disaster Loan program. So, the +IGs and the Justice Department are working together in this +area as well. So, we're going to be looking at it more +carefully once we get their plans and can evaluate. + Ms. Speier. Well, as they are starting to ask for +forgiveness, it is really important that we identify the fraud. +So, I hope that is part of your effort. And my understanding is +only about a third of the companies that were in the Fortune +500 list or had the ability to receive capital elsewhere +actually returned the money. So, two-thirds of them did not. + It would be helpful to me in particular, and probably to +other members of the committee, if we identified those two- +thirds of the companies that did not and create some kind of +shaming around it. I know my time has expired, but I think this +is so ripe for our continuing review this year, Madam Chair, +that we do that. + I just want to ask two final questions. You pointed out +that--do you agree that gutting the Naval Audit Service and +having less oversight of these critical programs would be +moving in the wrong direction? It is my understanding that they +have actually reduced the number of persons serving in that +capacity. + Mr. Dodaro. I'm not familiar with that situation, but I'd +be happy to take a look at it. I have been concerned about some +of the Inspector General functions across Government having +their independence undermined in a number of cases, and I'll be +happy to look into that situation and give you my assessment of +it. + Ms. Speier. Comptroller General, I would agree with you. In +fact, I think many of the Inspector Generals associated with +the military services do not have the skills at all to provide +that function. We saw that most recently at Fort Hood, where +the force IG went down and said everything was great. And then +an independent committee was sent down, and it did a serious +review and found that there was gross dereliction of duty. + So, I would encourage you to help us define how we should +maybe change Inspector Generals into civilians within each of +the services because I don't think they are necessarily serving +the American people and may be just protecting the various +services. + And finally, let me just ask you, if you haven't, to look +at the contracts for housing at bases around the country and, +in fact, around the world. I think these contracts go on for +decades. There is not accountability. + At recent visits to military bases, I have found serious +problems with lead, asbestos, mold in many of these housing +settings where our servicemembers and their families are +living, and it is the equivalent of tenement living, and I +think it is shameful. So, I hope that you will take some time +to look at that. + Madam Chair, thank you for the accommodation. I yield back. + Chairwoman Maloney. The gentlelady yields back. The +gentleman from Pennsylvania, Mr. Keller, you are now +recognized. + Mr. Keller. Thank you, Madam Chair. + This is an important hearing for us to understand which +programs and agencies need reform to improve their +effectiveness and reduce waste, fraud, and abuse in the best +interest of the American taxpayer. Pennsylvania's 12th +congressional District is home to two Federal prisons, USP +Lewisburg and FCC Allenwood, both of which have been negatively +impacted by the Bureau of Prisons inmate transfer policies and +lack of transparency with the American people. + We saw this firsthand with the BOP when they refused to +halt transfers and movement of the roughly 150,000 inmates it +is charged with securing during the early stages of COVID-19, +putting corrections officers and inmates at risk of infection +and causing further community spread. We owe it to our +outstanding corrections officers, the inmates they secure, and +the surrounding communities to work with the BOP to improve its +operations. + Mr. Dodaro, in the last five years, the GAO has made 19 +recommendations related to the BOP, of which 16 have yet to be +addressed. The recommendations are largely centered on +rectifying the BOP's failure to manage its staff appropriately +and improve mental health, their failure to plan for new inmate +wellness programs that reduce recidivism, and failure to +monitor and evaluate programs which have led to wasting +taxpayer dollars. Can you say more about your ongoing and +planned work related to the prison system? + Mr. Dodaro. Yes. As you point out rightly, we've been +concerned about this. We've made a number of recommendations. +My team just recently met with the head of the Bureau of +Prisons service, and he announced he's going to create a task +force within BOP to look at the high-risk issues that we're +identifying and to begin to address the root causes of the +problem. So, I was very pleased with his initial response to +our designation that we are considering putting it on the High- +Risk List. + Our work now is focused on the FIRST STEP Act, where +Congress required a number of reforms to be put in place, and +we want to see if those reforms are being implemented properly, +and that will be the critical determinant as to whether we +officially add them to the High-Risk List or not. + Mr. Keller. So, you don't know whether or not they will be +added to the list in the upcoming two years? But I guess it +would be dependent on their performance? + Mr. Dodaro. Yes, yes. + Mr. Keller. OK. + Mr. Dodaro. And we designate, Congressman, people onto the +list out of the two-year cycle. So, if we finish our work and +we think that they should be added, we'll add them out of +cycle. + Mr. Keller. Just for the benefit of the people that might +be watching today's hearing, can you explain a little bit about +what the High-Risk List is and how an agency or a program gets +added to it? + Mr. Dodaro. Sure. The High-Risk List was created in 1990 as +a result of some fraud, waste, and abuse issues that had +surfaced at the HUD, the Housing and Urban Development +Department. There were some procurement scandals at DOD at that +time. And Congress came to the GAO, and they said, well, can't +you identify what these risks are before they get to be crisis +proportion? + And so we developed a list to identify areas in need of +fraud, waste, abuse, and mismanagement, and we started with 14 +areas. Over time, we've also added areas of--areas that are in +need of broad-based transformation. In other words, there's +been circumstances that have changed that they need to make a +transformation and to develop. + For a good example is on oversight of medical products +where most of our drugs now or ingredients in the drugs are +made by foreign manufacturers, and FDA was set up for domestic +production. So, that's an area of needed transformation, and so +that helped the Congress spur that area. + We consider a number of factors, whether it has +implications for public health, safety, the economy, national +security, and whether there's a lot of taxpayer dollars at +risk. Those are the factors to get on the list. + Then to get off, you have to show leadership commitment. +You have to have the capacity, an action plan, monitor your +efforts, and actually demonstrate some success in lowering the +risk or fixing the problem to get off. + Mr. Keller. OK. Thank you. I appreciate that. We owe it to +our outstanding corrections officers, the inmates they secure, +and the surrounding communities to work on the BOP to improve +their operations. + And based upon what you laid out there as far as the risk +to taxpayers and all the items, in view of what has happened +since this Congress began, the $1.9 trillion, only 9 percent of +which is going to actually public health safety. The other 91 +percent is going to Speaker Pelosi's payoffs, one of them being +a subway in Silicon Valley for $140 million and also $12 +billion going to foreign governments rather than helping the +American people. + In addition to that, we are talking about H.R. 1, which is +going to take taxpayer dollars and use them to fund elections +so that more people, more American people will be watching more +election commercials and so forth at election time. Do you have +any plans on putting Congress on that list to see what reforms +could be done? + Mr. Dodaro. There are limits to our authority. + Mr. Keller. That is unfortunate. + Mr. DeSaulnier.[Presiding.] The gentleman's time has +expired. I will now recognize the gentlelady from Illinois for +five minutes. Ms. Kelly? + Ms. Kelly. Thank the Chair. + Mr. Dodaro, I would like to thank you for all the work your +agency is doing to evaluate our response to the coronavirus +pandemic. This vital work is helping policymakers at all levels +of government understand the challenges we face and inform our +efforts to address them. + In that vein, I would like to ask you about a topic that +many of my Democratic colleagues and I have noted must play a +critical role in informing our pandemic response data. I am not +talking about the scientific data that support the +implementation of public health measures, like mask wearing and +social distancing, but also the data that helps us to +understand the people and places hardest hit by COVID-19. + Your report today references an earlier GAO report from +January 2021, which notes that data collection by state and +local entities, as well as HHS, is ``critical to inform a +robust national response.'' Can you briefly explain why good +data is so vital to Federal, state, and local decisionmaking? + Mr. Dodaro. Well, first, this pandemic has laid bare some +of the frailties of our highly decentralized public health +system and the need for better data in order to respond to the +public health outbreaks. + First, you need to find out, you know, there wasn't clear +and complete data on testing. So, you need to know how many +people were being tested and where. Where there were outbreaks. +So, how to target assistance to those outbreaks. The +disproportionate effect that it was having on people of color +and what exactly was happening in those areas. + I'll ask Ms. Clowers to elaborate a little bit further, but +this is an area where we've quickly noted--and this is a real +concern going forward. We need to invest in more public health +surveillance, operations, in order to be efficient and +effective about our responses. Nikki? + Ms. Clowers. Yes, sir. Congresswoman, as the Comptroller +was saying, the system is fragmented, and so the data is +collected by different actors at the Federal level, as well as +state and local. And because of that, they are often using +different definitions of the data. + So, even when there are efforts to collect data from +different sources, you roll it up, it is incomplete, it is +inconsistent because we haven't used the same standards. And so +we have made recommendations to the Government to address this. +Because to your point, it is critical that we have better data +so we can spot problems and take the corrective action needed. +Without the data, we can't make those mid-course corrections. + And to the point the Comptroller General made as well, +COVID has laid bare the disparities in health outcomes that we +are seeing. And again, we need better data on that. For +example, right now, in terms of vaccine, vaccines rates, about +50 percent of all of that data is missing race and ethnicity +information. We need better data on that so we can better +target populations to make sure that they are having the right +access to care and to the vaccines. + Ms. Kelly. Your report also notes the need for HHS to have +strong, clear coordination with states, territorial, and tribal +governments and the public as we work to distribute and +administer the vaccines. You reference the agencies' +responsibility for managing a national evidence-based campaign +to increase awareness of the safety and efficacy of the +vaccines, particularly in communities with low vaccination +rates. Why is this initiative so important, and what can HHS do +to make sure it is as successful as possible? + Mr. Dodaro. Nikki, please? + Ms. Clowers. Yes. A critical piece is involving the state +and local officials. They play a key role in any type of the +public health measures that we are taking, but also, +importantly, the vaccination efforts. And that is why we +recommended in September 2020 that the Federal Government +needed to develop a distribution strategy which included +outlining the communication with and obtaining input from state +and local governments and ensuring that populations are +reached. + You know, it is the local governments that understand their +communities, their citizens, and can help ensure that we reach +those populations in getting the vaccine out, getting the word +out about the vaccine and the benefits of having--of taking the +vaccine. + Ms. Kelly. It does seem like a more comprehensive data +collection would aid our efforts to understand systemic racial +disparities in the United States and actually advance reforms +to achieve health equity. + With that, thank you so much to the witnesses and your +patience, and I yield back. + Mr. DeSaulnier. I now recognize the gentleman from Arizona, +Congressman Biggs. + Mr. Biggs. Thank you very much, Mr. Chairman. + This is at least the third hearing I have participated in +since coming to Congress related to the GAO's High-Risk List, +and each year, I see many of the same agencies and programs in +the report. For example, I served on the House Science, Space, +and Technology Committee my first two terms. So, I am very +familiar with the Environmental Protection Agency's Integrated +Risk Information System, or IRIS, which receives very brief +mention on pages 31 and 32 of the report. + The IRIS program was meant to be a clearinghouse of sorts +within EPA for consolidating data and reporting on chemical +toxicity. The problem, though, is that many of the program +offices within EPA, for example, the Office of Chemical Safety +and Pollution Prevention and the Office of Water, have already +been doing their own research and integrating their findings +with other departments. So, in other words, IRIS is an +unnecessarily duplicative super-structure. + When I chaired the SST Environment Subcommittee, I +advocated for eliminating IRIS and returning more work to the +EPA program offices. For those who are curious, I have also +introduced a bill to achieve this result, H.R. 62, the +Improving Science in Chemical Assessments Act. + Going back to the IRIS references in the GAO's High-Risk +List, the report accurately identifies a major problem with +IRIS stating that the program did not issue a completed +chemical assessment between August 2018 and December 2020. The +report then goes on to suggest that the failure of IRIS was +rooted in larger faults with EPA because the agency did not +indicate, and I am quoting here, ``did not indicate how it was +monitoring its assessment nomination process to ensure it was +generating quality information about chemical assessment +needs.'' + Further, the report suggests EPA ``lacked implementation +steps and resource information in its strategic plan and +metrics to determine progress in the IRIS program.'' + Maybe if EPA were better at monitoring its assessment +protocols, we would have a better IRIS. That is possible, I +suppose. But again, I posed a much simpler and more cost- +effective solution of eliminating IRIS altogether, and that +speaks to a larger issue I have with the GAO High-Risk List. + It doesn't seem to offer many recommendations to fully +eliminate some problematic programs, even though that course +may, indeed, be the best option in some cases. Or maybe, quite +frankly, in many cases. + Mr. Dodaro, is there a reluctance on your agency's part to +make recommendations for the full elimination of consistently +problematic programs, such as the IRIS program? + Mr. Dodaro. Not if we have the evidence necessary to +support that. We've not looked at the IRIS program in the +context of what you're mentioning, and let me ask Mr. Gaffigan +if he has a view on that matter. + Mr. Gaffigan. Yes, thank you for your question, Congressman +Biggs. + You know, there are many ways the assessments can be done. +The current process, as it is set up, allows for a nomination +process, it did at one point, and for these assessments to be +done. Our main point is the assessments aren't being done. And +whether it is done in the program offices or at IRIS, there is +a need to commit the resources to it. + And so, you know, that is an option going forward. The +bottom line now is the assessments are not getting done. +Whether it is done by an IRIS program or another alternative, +as you suggest, those are all viable ways to do it. It is just +not getting done right now. + Mr. Biggs. Thank you. I appreciate the answer to the +question. And rather than droning on further about the IRIS +program and its need, I would suggest that as we look forward, +we might--I would appreciate recommendations such as in the +IRIS program, which has been so problematic and so duplicative, +maybe--maybe viewing it from your perspective of whether that +program should actually be eliminated or go forward. + And so I would ask for that request. And then I would just +say that the IRIS program has been bugging me, actually, as you +can tell, for about four years now because it is duplicative. I +think it needs to go away. I think we can accomplish this more +efficiently. And if resources need to be redrawn there, we can +do that. + And I appreciate your comments, Mr. Dodaro and also Mr. +Gaffigan. And with that, Mr. Chairman, I will yield back. + Mr. DeSaulnier. Thank you, Congressman. I now recognize the +gentlelady from Michigan, Ms. Tlaib, for five minutes. + Ms. Tlaib. Thank you so much. + I think it is important to say to my colleagues across the +aisle, you know, the problem isn't IRIS. The problem is +Republican refusal to believe in science and take climate +change seriously. It is no coincidence that the EPA failed to +do its job under the Trump administration. + As you all know, I represent a zip code that is the most +polluted zip code in the state of Michigan. So, climate change +is here, and its impacts are becoming more and more devastating +with each passing year. + So, we must stop weighing whether or not we will act on +climate change by how much money it will cost our Government +and big corporations and start measuring the substantial +expense of this country's inaction on climate change on +communities across the country, especially our black, brown, +and low-income communities. + And we must also focus on detrimental health impacts +resulting from our reliance on fossil fuels. The child with +asthma who is forced to miss school because their house is +surrounded by corporate polluters, and this is a real fact that +happens in my community. A third of a class will raise their +hand and say they have asthma. + The family who has uprooted everything because of constant +flooding. That is happening in my community in the Dearborn +Heights neighborhood. Or the neighborhood block that has been +completely devastated by respiratory diseases and cancer +because of dirty air. + So, Mr. Dodaro, the Environmental Protection Agency's +Integrated Risk Information, the IRIS system is supposed to +assess the health hazard of chemicals in the environment to +inform all of us so that we can make much more informed +decisions on our environment policies and regulations to keep +our communities safe. However, the GAO report states that, and +I quote, ``EPA's agency-wide strategic plan for fiscal years +2018 through 2022 does not mention the IRIS program at all.'' + So, I am wondering, and furthermore, I know the report also +notes the astonishing fact that the IRIS program had not +completed a single, not one, chemical risk assessment between +August 2018 and December 2020. So, Mr. Dodaro, is it fair to +say that these assessments can literally be life or death for +communities like mine because they identify chemicals and +pollutants that pose potential fatal adverse health effects? + Mr. Dodaro. Yes. Basically, the Government can't take +informed action without a thorough assessment, now whether it +comes from IRIS or somewhere else. But I would note, we rated +the EPA area as an area that regressed because they were +proposing, the administration had been proposing to cut the +IRIS budget, but Congress kept reinstating---- + Ms. Tlaib. By 34 percent. Isn't that correct? + Mr. Dodaro. That's correct. But Congress reinstated the +funding, and so that's the reason we didn't rate them down in +leadership. What we rated down is monitoring and an execution +area. + Mark, do you have any other thoughts you want to mention? + Mr. Gaffigan. No, I think that is true. And again, we would +just like to see the assessments done because they are +important to everyone's health. And you know, how we do that, +that can be discussed, and there are good options. + The other thing I would mention, Congresswoman Tlaib, is +the issue of environmental justice. We did a report in 2019 +that pointed out the interagency working group. There are 16 +agencies working on environmental justice issues, and many of +them had done some individual plans, but we found that the +plans were not updated. There was a lack of performance +measures around the issue of environmental justice affecting +particularly communities of color, and that is a huge need +going forward. + Ms. Tlaib. Yes. I really would urge my colleagues, and this +is sincere, come visit my district. I have given a number of +tours, what I call the ``toxic tour.'' Come breathe the air. +You can smell it in the neighborhoods I represent. Meet your +fellow Americans that don't have access to running water in the +richest country on Earth. + Come and tell us to the face of, again, your fellow +Americans and that they are trying to raise their children that +it is too costly to protect the climate, that it is too costly +to address climate or environmental toxins and to really combat +corporate greed that is so interconnected to a lot of these +decisions that were made by the Trump administration, including +missing deadlines and so forth. + Because that is exactly what our Government says again and +again and again to residents like mine through these failures +is that it is OK that they aren't breathing clean air. It is OK +that their lives are shortened because we are doing nothing on +these issues. + So, I really thank all of you for your report. I know there +was a number of things I wanted to ask in regards to missing +deadlines and some of the lack of prioritizing these issues, +but again, I really appreciate and appreciate the chairwoman's +intention in making this a critical issue to address. So, I +really appreciate that. + Thank you, and I yield. + Mr. DeSaulnier. Thank you. And the chair now recognizes the +gentleman from Kansas, Mr. LaTurner, for five minutes. + Mr. LaTurner. Thank you, Mr. Chairman. I want to thank you +for holding this important hearing to help the committee to +really focus on its primary mission to investigate, locate, and +root out all fraud, waste, and abuse from the Federal +Government, an enormous task already, with expected F.Y. 2021 +budget outlays nearly $6 trillion, but one that has been +greatly complicated over the past 12 months with soon to be $2 +trillion in new spending for COVID-related and mostly unrelated +spending. + I want to applaud the Comptroller General for his 300-page +report detailing just how much Congress is failing in this +central mission of making sure that every hard-earned taxpayer +dollar is being spent in a responsible and worthwhile manner. +But this is far from a partisan issue. Both sides have failed +in cleaning up this mess. We know that during the past 15 years +alone, this effort by GAO has saved nearly $575 billion, +including $225 billion just these past two years. + I am afraid to even consider what percentage of the total +Federal budget is lost to waste, fraud, and abuse. I can only +imagine. Now, more than ever, with new programs created by the +CARES Act, including the roughly $350 billion Provider Relief +Fund and the nearly $750 billion Paycheck Protection Program, +it is critical that Congress and in particular this committee +work together to ensure these new moneys are going to people +who have legally demonstrated they are qualified to receive the +funding. + But that is not all. I especially want to touch upon the +growing unemployment claims fraud scandal that has impacted our +Nation and, frankly, robbed my home state of Kansas. Last year, +Congress authorized the expenditure of hundreds of billions of +dollars for both the Federal pandemic unemployment compensation +program and the pandemic unemployment assistance program for +self-employed workers. + This dramatic increase in funding has overwhelmed state +systems, including Kansas, that were wholly unprepared and +failed to respond to the wave of fraudulent claims after +several red flags were present and obvious. In Kansas, we lost +an estimated $600 million in false claims, according to a +legislative post audit report released last month. That is 24 +percent of claims. This is money we are all likely to never get +back. Nationwide, the U.S. Department of Labor believes the +figure is roughly $63 billion during this last year. + Madam Chairwoman, I would like to submit the Kansas state +audit report and a Kansas delegation letter to Governor Kelly +for the record. + Mr. DeSaulnier. Without objection. + Mr. LaTurner. Thank you. + While I understand these are state-run programs, it +involves billions of Federal taxpayer dollars with language +requiring certain integrity measures that are put in place. So, +I would appreciate your perspective on this subject. + It is my understanding that the GAO threshold to make the +High-Risk List is $1 billion. Help me understand why the +various Federal pandemic unemployment system programs, with an +estimated fraud level of $63 billion for 2020, didn't make your +list. + Mr. Dodaro. Well, we considered that, and they're going to +continue to look at that issue. We haven't had a chance to look +in depth at it at this point in time, but we will consider it +as we move forward. + Mr. LaTurner. Could you talk about the process of +consideration and what facts you are bringing to bear in making +that decision? + Mr. Dodaro. Yes. Well, we have work underway looking at the +system, at what needs to be done in order to fix it. In a lot +of cases, one of the factors that we consider in putting +something on the High-Risk List is that GAO has some +recommendations for how to address that issue. Now given that +most of these unemployment systems are state by state +determined in terms of the criteria for looking at them and +also the factors, so there could be different reasons in each +state. So, we're going to have to look very carefully at this +and decide whether we have, after we looked at it carefully, +have appropriate recommendations to make so that we could point +to what needs to be done that gets the agencies off the High- +Risk List. + It's not enough to just say there's a big problem, but we +have to have something that we bring to bear in order to say +how it should be fixed. And in this case, the fixes are state- +centric, and so we need to really inform ourselves on how to go +about this. We typically don't have--make recommendations to +individual states to fix their systems. + Mr. LaTurner. Could you give me--my time is running out. +Could you give me a timeframe, and are you willing to come back +to this committee and report any findings? A timeframe for the +decision? + Mr. Dodaro. Yes. Well, I'd have to get back to you on the +timeframe. I'm not sure exactly where that work stands right +now, but we'd be happy to come back and talk about it, though. +I'll provide a timeframe for the record. + Mr. LaTurner. Thank you for your time, and thank you, Mr. +Chairman. + Mr. DeSaulnier. I thank the gentleman. And I will recognize +myself at this time. Just want to add my congratulations to a +job well done, as every year, to you and your staff. Really +terrific work. + On the comments from my friend across the aisle from Texas, +we would like to work with you and him on the issues of +incentivizing good performance and performance-based budgeting. +When I was on the executive board of the National Conference of +state Legislatures, we did a lot of work with your colleagues, +or they did, to try to get those best practices. And I will say +that very successful program here in my district years ago when +I was a county supervisor, we were actually able to target at- +risk kids by Census track over time. + But the funding and the incentives were given us by +foundations, and it put us in a position to save quite a bit of +money now 20, 25 years later to look at what we did and really +become a national model. So, I would love to work with you on +that. Incentivizing good performance and reinvesting those cost +savings are of great interest to me. + Specifically, I would like to talk to you about your report +on the Office of National Drug Control Policy. We know opioids, +and this committee has done a lot of work in this area, and +thank the chairwoman for bringing Purdue Pharma and the +Sacklers here for a memorable hearing just recently. But the +costs of drug abuse in this country, $600 billion, according to +NIH, and treatment is--helps us $12, for every $1 spent saves +us $12. + So, Mr. Dodaro, you recognized this before the pandemic, +but you held off the release of your recommendations, as I +understand it. Can you talk a little bit about that and the +context, as your staff has said, in this terrific book that I +just finished, ``Diseases of Despair,'' about the continued +increase in diseases of despair--suicide, alcoholism, and drug +abuse--and not just the human suffering, but the cost to state, +local government. + So, COVID has made a very difficult problem worse. Could +you talk a little bit about that and then maybe specific +comments about the previous administration, in my view, really +poor performance, and the metrics we need to improve the +National Drug Control Office? + Mr. Dodaro. Yes. First, we did designate our intention to +add it formally to the High-Risk List in March 2020, but we did +not withhold our recommendations. I mean, we made specific +recommendations at that point about what needed to be done to +make the strategy, the national strategy meet all the statutory +requirements. We felt it was appropriate to not distract from +the efforts to focus on the pandemic at that point in time. So, +we didn't withhold the recommendations, just the formal +designation to add it to the High-Risk List. + The pandemic, you know, complicated. We did realize, even +back last March, that the pandemic was likely going to +exacerbate some of the underlying problems that lead to drug +abuse in the first place, which are unemployment, isolation, +depression, and other things that were happening potentially to +people who were vulnerable to those type of issues during the +pandemic or a lockdown period of time. And indeed, some of the +early data that's available from CDC show an increase in the +March, April, May timeframe that I referred to earlier, during +the--the preliminary data on the amount of COVID deaths due to +overdoses. Not COVID deaths, due to--deaths due to overdoses at +that point in time. + Now some of the things that need to be done that are +missing is the law calls for a five-year resource plan for each +area that's required. That hasn't been done yet, and these +problems are not going to get solved looking at it only a year- +by-year basis. You need to have a long-term plan. + The treatment area, there's only--there's 30 percent of the +counties in the United States that don't have access to +substance abuse disorder treatment for people so that there's a +huge problem there as well. There needs to be more +coordination. We pointed out where some of the agencies are +pursuing plans, but it's not clear how their plans contribute +to the national strategy, and there needs to be more evaluation +of what's working and what's not working and more engagement +and coordination with the private sector, state and local +governments, healthcare providers, law enforcement, and others +because this is a multifaceted problem. + Mr. DeSaulnier. I really appreciate it and look forward to +continuing the conversation. I do want to mention legislation +that was passed last session that was spearheaded by our former +chair Elijah Cummings to help facilitate with the coordination. +I hope we can work on that, make that successful with this +administration. + Thanks again so much. + I would now like to recognize the gentleman from Wisconsin, +Mr. Grothman, for five minutes. + Mr. Grothman. Yes, I would like to talk about the drug +abuse programs myself again. I wish it was true that you could +spend $1 and save $12. I always wonder if those studies are +right on point, you know, that you can spend $1 and save $12. + But in any event, over time, seems to me we have spent more +and more money on drug abuse, at least it seems to me that we +brag about the amount we are spending. Nevertheless, we still +are around 80,000 lives lost a year, which is really tragic. +And I would think, given all the money we are plowing into +this, that we would begin to make some progress. + We all have--or at least I have reasons why I think we are +not doing a very good job here. But given that we keep throwing +more dollars at it, are there any programs in the drug abuse +field that we feel have failed and have eliminated or cut back +on? Given that we hit records every year in the number of +people who die, or at least recently we do, I would assume some +of these programs are failing. + Mr. Dodaro. Well, one of the areas we point out is a lack +of evaluations in some of these programs. Let me ask Ms. +Clowers, who's director of our healthcare area, if she wants to +add anything. + Ms. Clowers. I would add two points. In terms of the ONDCP +strategy that has been put out, this is an area where we have +pointed out the strategy needs to be improved, that they do +need performance measures for efforts that are ongoing so we +can assess whether programs are making progress or making a +difference. + The second point I would mention is that we do have ongoing +work looking at the different grants that are being provided to +states to help combat the opioid epidemic, and we will be +looking to examine what we are getting with those funds. + Mr. Grothman. Yes, I mean, it frustrates me because this is +an issue that I care deeply about. And of course, because +everybody cares for it, you keep voting for more and more. But +when you--and I assume there is a lot more money being spent +today than, say, six or seven years ago, but it seems the +number of people who die just keeps going up. And part of it +could be the COVID, but in any event, when you plow this much +money into a program or programs with a promise that we are +going to fight this overdose stuff and it keeps going up, is +anybody ever weeding out the bad programs so we have money left +for the good program? And you are telling me that doesn't +happen? + Mr. Dodaro. Not as rigorously as it should. That's one of +the reasons we elevated it to the High-Risk List is to make +sure that there is more focus on this and there is more +evaluation of these programs, so we can tell what works and +what doesn't work and make adjustments to those. + Mr. Grothman. Yes. And as far as you know, there are no +programs that categorically are wiped out for being no good, or +when we send out the grants, we are not going to send it to +these programs. It is just kind of up, up, up all the time? + Mr. Dodaro. Well, I'll go back and take a look at that and +see if there's anything that we've done along those lines, and +I'll provide an answer for the record. + Mr. Grothman. Yes. We have had several programs on the +High-Risk List since the 1990's, which is concerning. You know, +when we identify a problem, you would like to think in 30 +years, we would begin to address it. + One of those are improper payments to Medicare, and that +can be wildly expensive, of course, because doctor bills are +wildly expensive. But it is still on the program 30 years +later. Can you tell us why it is apparently not addressed or +not addressed enough to keep it off the list? + Mr. Dodaro. Actually, the improper payments are coming down +in the Medicare area. So, I've been pleased that there's been +some progress in that area. + It's also on the list because of the restructuring and the +move from paying people for the quantity of services to get the +quality of healthcare in there as well. So, there are some +reforms that need to be made. We've made some recommendations +to the Congress to give authority for recovery auditors to look +at things prepayment. We've also suggested that CMS more use +prior authorization before they make payments and to expand-- +they've done this for pilot programs that have been successful. +Where they've saved money, prevented improper payments, and +it's not affected the ability of people to get services, that +they expand that more often. + Actually, the bigger problem now is Medicaid improper +payment. Medicaid improper payments for last year over $85 +billion, compared to $42 billion in Medicare. So, Medicare is +coming down. It can come down further with implementation of +our recommendations. Medicare is dramatically increasing-- +Medicaid, rather, excuse me. + Mr. Grothman. They are similar programs. Why is Medicaid +such a bigger problem than Medicare? + Mr. Dodaro. Well, you have a lot of different state +programs and rules. Each state has their own different Medicaid +program. Medicare, you have more uniformity across the program, +and it's run by the Federal Government versus a partnership +with the individual state programs. We've expanded Medicaid +quite a bit in the Affordable Care Act and also with the recent +pandemic. And so the programs are changing quite a bit. + One of the reasons it's going up so fast now is that some +of the states aren't doing enough to enroll providers and make +sure that the providers that are enrolling are eligible to +provide services under the program. So, and the managed care +portion of Medicaid, which started out as a small program, is +now about half of the spending, and there is still not enough +scrutiny, in my opinion, over the managed care portion of +Medicaid. + Mr. Grothman. Thank you. + Chairwoman Maloney. [Presiding.] Thank you. The gentlelady +from California is recognized. Representative Porter? + Ms. Porter. Thank you very much, Madam Chair. + Mr. Dodaro, is it correct that the Federal Government fails +to collect taxes that it is owed to the tune of about $400 +billion a year? + Mr. Dodaro. That's correct. That's the gross amount. The +IRS is--go ahead, please. + Ms. Porter. That is the gross amount. And we call this-- +this is often referred to as the ``tax gap,'' but it seems to +me it is really more like a canyon in terms of the amount of +money. So, this is one of the charts from your report, and it +shows the gap right here between the blue, which is what is +owed, and the green, which is what is collected. And we collect +about 11 percent of what--of this missing amount. + So, what your report shows is that of the $458 billion that +is this tax gap, after the IRS engages in enforcement, they +only collect this blue portion, and all of this red portion-- +and that is a lot of zeroes there--$406 billion goes +uncollected. Based on the GAO studies over the years, has this +amount, this tax gap, gotten smaller? Are we tackling this +problem year after year and working on it? + Mr. Dodaro. We're not as successful as a government at IRS +that I'd like to see. The problem is not getting better. It's +stayed actually about the same over the period of time. There +are some recommendations---- + Ms. Porter. So, on average, every year, we fail to collect +$406 billion? + Mr. Dodaro. Well, they think they'll collect some. The net +tax gap or what they definitely don't think they collect is +$381 billion, but you're--it's in the ballpark. So, yes, that's +true--that's true. + Ms. Porter. For a person like me, $381 billion, $400 +billion, it is all just a lot of zeroes that is not being paid. +I have a question for you. In your GAO high-risk report, you +say that this is relating to staffing problems. So, has IRS +been increasing its staffing so that we can collect what we are +owed as taxpayers? + Mr. Dodaro. Staffing has only been going recently up. It's +been declining over time, and I think they're not back up to +the 2010 levels yet. Let me ask Mr. Mihm to give you an +example. But the problem is not just staffing. There are some +other things that could be done. Chris? + Ms. Porter. What are those other things? + Mr. Dodaro. I think Congress should regulate, authorize IRS +to regulate the paid tax preparers, No. 1. Some of the studies +that we've looked at using their data, in some cases taxpayers' +accuracy is more accurate than people that use paid tax +preparers, particularly in the earned income tax credit area. + Second, there ought to be more information returns prepared +so that the IRS could match data. For example, for real estate, +people that fix up their real eState property, to report that, +as well as businesses, corporations that have services. They +can report that data. The IRS could cross-check it to the +providers to see what they're reporting. + Ms. Porter. So, Mr. Dodaro---- + Mr. Dodaro. There's also--yes. + Ms. Porter [Continuing]. I just have a sort of basic +question. Who benefits from failing to collect taxes that are +owed? + Mr. Dodaro. Only the people that owe them that are not +paying them. + Ms. Porter. So tax cheats, tax underpayers, delinquents, +that is who is benefiting. Who is being hurt by this failure to +collect between $381 billion and $406 billion on average a +year? Who is being hurt? + Mr. Dodaro. Well, the Americans are getting hurt. The +people that are---- + Ms. Porter. Americans are getting hurt. + Mr. Dodaro. The people that are paying their taxes and the +other people that aren't paying taxes because they're too +young, but we're borrowing money to pay for things that they're +going to have to pay for in their generations ahead. So, +everybody is getting hurt by it. + Ms. Porter. OK. So, everybody is getting hurt at the +expense of tax cheats or tax frauds who are getting helped. + Mr. Dodaro, what is the GAO's motto? + Mr. Dodaro. Our motto? + Ms. Porter. Mm-hmm. + Mr. Dodaro. Accountability, integrity, and reliability is +our core values. + Ms. Porter. OK. On your recent reports, you have this +slogan, ``A century of nonpartisan fact-based work.'' Does this +ring a bell? + Mr. Dodaro. It does. This is our 100---- + Ms. Porter. A century of nonpartisan fact-based work. I +wish that Congress could have that as its motto for even one +day, much less a century. Does the GAO sell T-shirts with that +motto, ``A century of nonpartisan fact-based work,'' because I +would totally buy one of these T-shirts. I would buy them for +all my family and give the money to the IRS to enforce against +collecting taxes from people who are cheating the rest of us. + With that, I yield back. + Chairwoman Maloney. The gentlewoman yields back. I now +recognize the gentlewoman from New Mexico, Ms. Herrell. + Ms. Herrell. Thank you, Madam Chair. + And thank you so much, Mr. Dodaro, for being here. It is +incredible, and I kind of want to echo what my colleague have +said. It is just almost too much for one committee hearing +because there is so much information. So, I just appreciate all +of your comments, and if I am redundant, I apologize. I ran to +vote. + But something one of my colleagues was saying earlier, +there are so many programs, and you had mentioned earlier that +it is sometimes hard to know exactly how many there are. But +are there programs that have been funded or happening for years +and years where maybe we need to take, think about maybe a +different approach? Think about things outside the box? + Maybe like Einstein says if you keep doing the same thing +over and over and you still get the same results, perhaps it is +time to change your thought process. And I am wondering, are +there things that you see that maybe Congress could be doing +very differently to help either have more accountability or +more success so that we don't see this number of programs on +this High-Risk List? Does that make sense? + Mr. Dodaro. Yes, yes. Yes, well, we have, as I mentioned, +just in the tax area, recommendations for Congress to act, to +give IRS the authority to do this. We have a number of +recommendations for Congress to act on that we think can be +helpful in helping resolve these areas. + I mentioned that we talked about the Postal Service before. +There is actually 14 of the high-risk areas that the solution +to solving that involves congressional action. Surface +transportation, Postal Service, for example. So, we've +highlight where Congress needs to act that could act on those +areas. + Now with regard to the programs I mentioned earlier, I +think Congress ought to insist on having program evaluations +that demonstrate the success of the program before continuing +to fund it often at increased levels. So that, I think, would +be a game changer that I think would get the attention of a +number of advocates of those programs to really do, you know, +investigations and evaluations. + Ms. Herrell. And I agree with that. And just looking at it +from the lens of our constituents, it is different. They are +not in the halls of Congress. They don't hear the conversations +and even understand always some of the dialog that is taking +place. + And so I can--just to kind of simple it down, I can tell +you what they will ask me in my district. It will be things +such as how are we sending money to foreign countries or maybe +for aid or for different programs, sometimes to not even +countries that are our allies, when we can see that we have +possible trouble heading our way with the Highway Trust Fund, +like you mentioned, or Social Security or Medicaid, you know, +or even updating the computer systems in the IRS. + And I am just asking is this solely resting on the +shoulders of Congress to do a better job in allocations, or is +this something that these departmental programs can come +forward with where we can work collectively? But do you see +where I am going with this? People don't understand how we are +sending so much money overseas in some cases, but yet not +taking care of, say, our infrastructure, the IT, and other +things that really have a direct impact on some of these +programs. + Mr. Dodaro. Well, you have two dimensions here. You have +the President, on behalf of the administration, recommending +funding for these programs. But the ultimate decision lies with +Congress as to whether they're going to fund the programs or +not. + Ms. Herrell. Right. + Mr. Dodaro. That's not, you know, a prerogative of my +organization. Our job is to advise the Congress and so that +they can make informed decisions. But those ultimate decisions +about the policy priorities of the Government rest in Congress' +hands. + Ms. Herrell. Right. And I am just going to shift gears just +a little bit because I come from a border state, and just can +you discuss the work of GAO as it relates to drug trafficking +across our border and areas of improvement your agency found +the Government needs to make to intercept drugs and improve +border security? Because I know that has just been issue we +have been seeing for decades, but just your thoughts on that. + Mr. Dodaro. Oh, yes. We've done a lot of work in that area +and have recommendations. I'd be happy to provide those for the +record. + Ms. Herrell. Great, great. Because it just--what concerns +me is, obviously, we have this crisis, the drug overdose, all +over the country. And certainly, we see it in New Mexico, and +we understand that a lot of drugs, illicit drugs are coming +through those southern borders, and other ports everywhere. But +I am thinking that opening the borders might compound this if +it feels like we are starting to see some improvement on that. + But I can see that Congress has a lot of work to do, and +again, I really appreciate your comments today. + And Madam Chair, I wish we had more---- + Mr. Dodaro. I think the issue there, we need to focus on +the border and the interdiction of drugs. But we really need to +work on bringing the demand down. As long as there is demand +for the product, the product is going to find its way here. + Ms. Herrell. Right. + Mr. Dodaro. And that's something that we've never been +successful on in the Government as long as I've been here, and +I've been here a long time. And that's one of the reasons I +decided to try elevate it to the High-Risk List to get some +greater attention on the education and prevention front of this +thing as well as the interdiction and, of course, treatment +programs, but we haven't quite found the magic formula to +balance the dimensions to make any progress in this area. + Ms. Herrell. Right. That makes sense, and it does. And I +appreciate those comments. + And Madam Chair, thank you for the additional time, and we +have our work to do for sure. So, thank you, Madam Chair. + Chairwoman Maloney. Thank you. The gentlelady yields back. +The gentleman from Georgia, Mr. Johnson, is now recognized. Mr. +Johnson? + Mr. Johnson. Thank you, Madam Chair. + And Mr. Dodaro, thank you for being here today, and I agree +fully with you, and I would go further to say that the war on +drugs has been an abysmal failure in this country. But I want +to ask you about the FDA. The coronavirus pandemic has put +immense pressure on all facets of our healthcare system, +including the U.S. Food and Drug Administration, which has been +working, by the way, nonstop to facilitate the approval of +COVID vaccines and drug therapies. This work has been further +complicated by drug shortages and inept leadership from the +previous administration. + Drug shortages are not only a serious threat to Americans' +health and safety, they are also incredibly expensive. In 2019, +a survey found that drug shortages cost hospitals $360 million +annually in labor costs alone. Of the 6,000 healthcare +facilities surveyed, more than half faced at least 20 shortages +during the six-month study. + Today's report highlights the important role the FDA plays +in addressing drug shortages and why their role is particularly +important during a global pandemic. Has the problem, sir, of +drug shortages been more severe or become more severe because +of the COVID-19 pandemic? + Mr. Dodaro. I want to ask Nikki Clowers, the head of our +healthcare team, to answer that question. Nikki? + Ms. Clowers. Yes, I think what the pandemic has done is +shown the vulnerabilities that we have in our drug supply +chain. As many--as you probably know, most of our generic drugs +are manufactured overseas. And so whenever there is a crisis or +other disruption in the supply chain, that can affect the +availability of drugs and lead to drug shortages. + We have made recommendations to FDA to help them better +manage drug shortages. It is certainly not only an FDA +responsibility. It is a shared responsibility, and the private +sector is involved. But we think there is more that FDA could +do in terms of using data and trying to forecast where there is +different drug shortages. + We also recently made---- + Mr. Johnson. OK. Well, let me stop you right there and move +on. + In 2019, the FDA's drug shortages task force put out a +report to mitigate--on how to mitigate drug strategies. How +useful were those recommendations in confronting the drug +shortage challenges posed by the pandemic under the previous +administration? + Ms. Clowers. They were useful in that providing steps that +both FDA could take as well as the private sector in terms of +risk management and better contracting. + Mr. Johnson. Was the FDA able to take those steps that were +recommended under the previous---- + Ms. Clowers. They are taking---- + Mr. Johnson [Continuing]. Under the previous +administration? + Ms. Clowers. They are in the process of implementing those +recommendations, and I can report back to you as we get more +information about the status. + Mr. Johnson. OK. Well, I know that you don't want to +comment about the previous administration. But the FDA was not +equipped to predict drug shortages caused by former President +Trump, who incessantly tweeted unproven assertions that certain +drugs were effective in treating COVID-19. Trump threatened the +health of hundreds of millions by spreading false information +about treatments for COVID-19 and creating mass demand for +drugs that patients with lupus or rheumatoid arthritis relied +upon. + And his assertions led to widespread shortages of those +medications across the country, and he didn't stop there, +though. He went further, contacting the FDA and bullying the +Administrator into issuing an emergency order allowing the use +of those drugs to treat COVID-19, when, in fact, there was no +evidence that those drugs were efficacious. These drugs were +more than just ineffective, they could have potentially caused +dangerous side effects depending on the patient. + Mr. Dodaro, do you think or do you believe--or let me ask +you this. How did Trump's actions constitute a direct public +health threat? + Mr. Dodaro. Well, I mean--there--you know, I mean, my +belief is in science, and I think that the scientists should +speak out on these issues and that there needs to be +authoritative scientific underpinning of decisions we've heard. + Mr. Johnson. And let me ask you this question. In your +opinion, do actions taken by the FDA Administrator, pursuant to +President Trump's order, merit further investigation. + Mr. Dodaro. We are actually looking at the political +influence on FDA and CDC, and we'll be reporting our results to +the Congress. + Mr. Johnson. Thank you, and I yield back. Thank you, Madam +Chair. + Chairwoman Maloney. The gentleman yields back. The +gentlelady from the great state of New York, Ms. Ocasio-Cortez, +is now recognized. + Ms. Ocasio-Cortez. Thank you very much, Chairwoman Maloney. + And thank you, Mr. Dodaro, for coming in front of us today +and offering your expertise in some of these issues, emerging +issues that we should be keeping an eye out for. + Now you are the Comptroller General of the United States. +Correct? + Mr. Dodaro. That's correct. + Ms. Ocasio-Cortez. And you know, for some of my +constituents in community watching at home, that means, among +your many other responsibilities, you kind of keep an eye on +the books for the United States. Would that be fair to say in a +broader sense? + Mr. Dodaro. Yes. Books and programs, all Federal activity. + Ms. Ocasio-Cortez. Wonderful. Thank you. + So, before I begin, Madam Chairwoman, I would like to ask +for unanimous consent to submit a Pro Publica article on +Facebook on enforcing tax law and a letter from 88 national +organizations urging President Biden and Congress to invest in +fair enforcement of the tax law to the record. + Chairwoman Maloney. Without objection. + Ms. Ocasio-Cortez. Thank you. Thank you very much. + So, Mr. Dodaro, let us talk about taxes. If I was the CEO +presently of a large international corporation that was founded +here in the United States and wanted to manipulate my taxes and +park the profits somewhere else, do you think I would be able +to get away with that in our current system? + Mr. Dodaro. Well, there's a lot of potential loopholes in +the current system that can be exploited. + Ms. Ocasio-Cortez. Thank you. And you know, actually, +according to this Pro Publica article, it seems that some +records have been unearthed, and Sheryl Sandberg wrote in +April, an April 2008 email that ``My experience is that by not +having a European center and running everything through the +U.S., it is costly in terms of taxes.'' + And Facebook's head of tax actually replied to Sandberg in +these records that the company needed to find a ``low-tax +jurisdiction to park profits.'' And it found that jurisdiction +in Ireland, where its tax rate is near zero. + Now why would Facebook, do you think, want to do that? + Mr. Dodaro. Well, there's different tax advantages. I'm +going to have--Mr. Mihm is our expert in the tax area. I'm +going to ask him to help comment. + Ms. Ocasio-Cortez. Sure, of course. + Mr. Dodaro. Because we've looked at some offshoring kind of +issues. Chris? + Mr. Mihm. Thank you, sir. And yes, ma'am. We have looked at +offshoring and, as you are suggesting, that there are various +tax advantages to where major corporations claim that their +businesses are taking place. And they are fully aware of those +tax advantages, and they use those to their advantage to +minimize the amount of taxes that they have to pay. + So, that is an important consideration in business +decisions. Yes, ma'am. + Ms. Ocasio-Cortez. Thank you so much, and I appreciate that +answer. You know, and I would actually kind of contest this +term ``tax advantage,'' because it may be an advantage to an +individual corporation, but we currently have an enormous tax +gap in the United States. Would you say that that is correct, +Mr. Dodaro? + Mr. Dodaro. That's correct. + Ms. Ocasio-Cortez. And so weakened tax enforcement actually +rigs this economy against workers. It seems as though we are +starting to see a pattern where the IRS is starting to go a +little bit more after lower-income people that target the EITC, +and this is kind of referenced due to the lack of resources +that the IRS currently has. Would that be fair to say? + Mr. Dodaro. Well, the amount of enforcement efforts and +auditing of the tax returns has been going down as a +percentage. I'm not sure what the current mix is. + Ms. Ocasio-Cortez. Yes, and so it seems like companies like +Facebook have kept billions of dollars in tax breaks through +tactics like offshore tax evasion. But working families are +struggling to pay rent, put food on the table, and stay alive. +And in fact, we are constantly told that we cannot afford +tuition-free public colleges, expansion of healthcare in the +United States because we can't afford it. + The official estimates peg the national tax gap at $381 +billion per year, but the former Commissioner Charles Rossotti +estimates that it is now closer to $600 billion. + Mr. Dodaro, does any other item on the GAO's High-Risk List +come anywhere close to having a $600 billion impact on the +Federal budget? + Mr. Dodaro. Not any one single item alone. + Ms. Ocasio-Cortez. So, this seems to be one of the largest +areas of having a negative impact on our Federal budget. It is +tax evasion and other sorts of---- + Mr. Dodaro. Yes. Yes, there are two others that have +potential large areas. One is healthcare, improper payments in +healthcare, which are over $100 billion a year. And the defense +weapon systems, where there is a portfolio of $1.8 trillion. + Ms. Ocasio-Cortez. All right. Thank you very much. +Appreciate it. + Mr. Dodaro. Madam Chair, Madam Chair, would it be possible +for me to have five minutes before we continue? + Chairwoman Maloney. Certainly. We will recess for five +minutes. + [Recess.] + Chairwoman Maloney. We're now in session. The gentleman +from Texas, Mr. Fallon, is recognized for five minutes. + Mr. Fallon. Madam Chair, thank you very much. + Comptroller General Dodaro, thank you for taking the time. +It has been a fascinating committee hearing. And thank you for +the important work that you are doing and the service you are +providing to our country and our taxpayers. + I have got a couple of questions. Medicare has been on the +High-Risk List for over 30 years, and I am not surprised +because when I was in the Texas legislature, it was one of the +things that I learned about was the fraud that we saw just at +our level in the state and in Texas. And it was, according to +our Inspector General, in the hundreds of millions of dollars +provable and potentially and probably in the low billions. + And again, that is just Texas. So, I shudder to think what +the actual costs are when you look at 50 states. + So, my first question is, do you share my concern about the +massive potential and actual fraud that could exist within the +Medicaid program, Medicare program and the process? And if you +do, do you have any idea of possibly a ballpark figure of what +that realistic potential fraud could be across the country? + Mr. Dodaro. Yes. Well, I share your concern about it +clearly, both for Medicare and Medicaid, all right, in those +two areas. I do not have a figure for you. It's hard to +calculate. There are figures on improper payments that are +made. These are payments that should not have been made or made +in the wrong amounts. + Now they would include--Now any fraud would be an improper +payment by definition, but not all improper payments are fraud +because you have to prove an intent and criminality. Last year, +the amount of improper payments in Medicare and Medicaid +combined were over $100 billion, all right? But again, that's +not all fraud, but it's indicative of an issue. + And I believe that the amount of improper payments +estimated for Medicaid is an underestimate. The numbers are +big. + Mr. Fallon. I would also like to share with the committee +and the other members that when I asked our Inspector General a +very innocent question, what I thought which was, when someone +is audited, in this case, Medicaid, what percentage of those +physicians or the offices that are giving the medical care had +their billing lowered the next month? And it was 100 percent, +all of them, which is alarming, obviously, for clear reasons. + But the Medicare program has been on the list, as I +mentioned earlier, year after year for three decades. What +suggestions, if any, would you have today that we could +implement to finally hold the Medicare program accountable and, +as a result, of course, reduce this massive taxpayer theft and +reform Medicare and Medicaid so that they can actually earn +their way off the list? + Mr. Dodaro. Well, there's a couple of things. One is we +think they should expand the prior authorization. They tested +prior authorizations. This provides greater assurance that you +are spending the money for a legitimate purpose to a legitimate +provider for a legitimate medical reason before you spend the +money. You don't have to worry about trying to get it back +later. + It's been proven in pilot projects, but it hasn't been +expanded because it will save money and it won't affect the +services' timeliness or the services to the individual if done +properly. + Second, it's been shown that recovery auditors who actually +audit some of these things after the fact can audit prepayment +in some of these areas. That will reduce that issue as well. +So, those are two recommendations off the bat. + The other reason Medicare is on the High-Risk List is that +it's undergoing a transformation right now to sort of pay +people for not quantity of services, but the quality of +services, and that transformation is underway and not anywhere +near complete. But let me ask Ms. Clowers if she has any other +recommendations. She's our healthcare head. + Mr. Fallon. Yes, thank you. Thank you. + Mr. Dodaro. Nikki? + Ms. Clowers. Yes. One more recommendation in the Medicare +area would be for CMS to do more work on their risk adjustment +scores. That is when we see coding differences between fee-for- +service, for example, versus then the payments that are made +under managed care or the Medicare Advantage. We want to make +sure that those coding differences are taken into account so we +are not overpaying for the services provided. We have a +recommendation in that area. + And then on the Medicaid front, the Comptroller General has +also mentioned this a little bit earlier. But in the managed +care area, there is not a sufficient medical review of the +payments and services that are made, and we think that area +needs a great deal of attention as the care that is being +provided through managed care now accounts for almost half of +all Medicaid spending. + Mr. Fallon. Thank you, Madam Chair. Thank you, Madam Chair. +I yield back. + Chairwoman Maloney. The gentleman yields back. The +gentlelady from Missouri, Ms. Bush, is recognized for five +minutes. Ms. Bush, you are now recognized. + Ms. Bush. Thank you, Madam Chair. + St. Louis and I thank you for convening this hearing today, +and thank you to Mr. Dodaro for being here. + I will ask today for the thousands of people who urgently +need a voice in this room, the environmental violence of the +Departments of Energy and Defense has emblazoned my community +with extremely hazardous radioactive waste. Nothing could fully +capture what it was like for people to find out that their-- +that nearly everyone from their high school was sick with rare +cancers or dead. That is real life for people along Coldwater +Creek in St. Louis. + The Department of Energy knew that Coldwater Creek was +dangerously contaminated in the 1960's. Mr. Dodaro, based on +what you know about DOE environmental liabilities, would you +guess that the creek is cleaned up today? + Mr. Dodaro. Well, there hasn't been as much progress as I +think there needs to be made, and the cost to the Government to +clean up keeps going up, despite spending billions of dollars, +because they don't really have a risk-based approach to +addressing those issues. + Ms. Bush. OK well yes. You are right. Yes, it is certainly +not. + The CDC has estimated that as many as 350,000 people in +North County, my community, have been exposed to radioactive +waste. The creek runs through the Florissant area and several +other towns in my district. We are not talking about a distant +problem. I am in the room, actually. I lived by this creek, and +the basement of my townhouse would flood with potentially +radioactive water all the time. My son's room was in that +basement. + Mr. Dodaro, based on what you know about these two +departments, would you take over the lease at that townhouse, +or would you take your kids to the nearby playground? + Mr. Dodaro. Based on the circumstances that you're +explaining, I don't think so. + Ms. Bush. Well, and I am a nurse. I would never let you do +it. One day, I opened my door, and there were butterflies, +dozens, lying on the ground with their wings opened, like +nothing I had ever seen. I realized something must be very, +very wrong, but we had no idea what was happening. + Most people still don't know what is happening even right +now. The Army Corps of Engineers is slowly conducting a cleanup +in St. Louis under the FUSRAP program. They have estimated that +some black and brown communities won't be cleaned up for 20 +years. + Eyewitness accounts state that the Corps and contractors +like those mentioned in the report have been seen picking +random houses on a street to test soil without even notifying +neighbors who are growing gardens. There are still no signs, no +signs at the creek warning people of the dangers. + Mr. Dodaro, would you say that the DOE has enough money to +post some type of warning signs along the creek that is giving +people rare cancers or at least what we believe to be causing +it? + Mr. Dodaro. I'll ask--I'll ask Mr. Gaffigan to answer +further, but DOE has one of the largest budgets in the +Government. So, I would think they could afford a sign, but +Mark? + Mr. Gaffigan. I would only add the reason we put this on +the list is because we think this is just the tip of the +iceberg. We think there are a lot more places like Coldwater +Creek around the country that need to be identified, and we +need to figure out to what degree we are going to clean them +up. + Ms. Bush. Thank you. Thank you. + The Department of Energy is a ``responsible party'' for +Coldwater Creek. We have heard that the DOE set aside the +maximum amount of money, but then deemed it was not all needed. +My constituents and I, we want to know where does the +supposedly unneeded money go? Mr. Dodaro? + Mr. Dodaro. I'm going to ask Mr. Gaffigan on that one. + Ms. Bush. OK. + Mr. Gaffigan. Well, we have been critical that DOE has not +taken a risk-based approach to this, you know, identifying all +the sites throughout the country and treating it in sort of a +risk-based approach. And the fact that communities are feeling +left out is not a good sign. + Ms. Bush. No, it is not. Thank you. + I have one final question. Mr. Dodaro, if you were me, +representing hundreds of thousands of people with potential or +confirmed toxic exposure, what would you do to massively +expedite DOE? + Mr. Dodaro. I mean, I think Congress is empowered to get +answers from DOE about what their plans are and what they're +intended to do. So, if I was a Member of Congress, I'd insist +that they provide answers to the questions to satisfy you about +what their plans are and what the timeframes are for +implementing those plans. + Ms. Bush. Thank you, Mr. Dodaro. I will be following up +with further questions, a lot of questions. + And I yield back. + Chairwoman Maloney. The gentlelady yields back. And the +gentleman from Kentucky, Mr. Comer, is now recognized. + Mr. Comer. Thank you, Madam Chair. + And Mr. Dodaro, thank you for your time. I know you have to +leave, and you have been with us all day and a press conference +before that. I just wanted to ask a real brief question. + Has the COVID-19 pandemic led to an increase in drug abuse, +and that is what contributed to the addition of a new area on +the GAO list and that area being the national efforts to +prevent, respond to, and recover from drug misuse? + Mr. Dodaro. I want to be clear on this. We were going to +add that area before the pandemic, and we announced our +intention to do that March 2020. So, it wasn't a result of the +pandemic that we added the drug misuse area, but the pandemic +has complicated that issue. + Mr. Comer. Isn't it true the number of drug overdoses has +increased during the pandemic from March to May of--March 2019 +to May 2020? + Mr. Dodaro. That's true. That's true. + Mr. Comer. Or March 2020 to May 2021, yes? + Mr. Dodaro. Yes, right. Right. But if you look at it, we +have a chart in our report, Congressman, that shows the rate of +drug increases were going sort of like this. It was, you know, +on a trajectory. It dropped slightly in 2018, but it bounced +back in 2019 to go increase again. + So, it was on a very disturbing trend pattern before the +pandemic, and it's apparently likely to get worse once all the +final data is in going forward. + Mr. Comer. So, what do you think the Federal Government's +response needs to be to this spike in drug abuse? + Mr. Dodaro. Well, I think we need to double down on our +efforts. We need to have a comprehensive national strategy. We +need to engage--there are 12 different agencies in the Federal +Government that are considered part of this implementation +effort. We need to engage the states, localities, and the +private sector in this area because it affects businesses. It +affects all parts of our economy. + So, we need to really make a concerted effort over time +with the proper resources and investment in order to arrest +this disturbing trend. + Mr. Comer. Well, I would add to that, in my opinion, that I +believe taking steps to reopen the economy and getting people +back to work certainly would seem to help the situation as +well. + But thank you again for being here. I know we have extended +this meeting beyond the time that we set forth, but I do +appreciate your service. + And Madam Chair, I yield back. + Chairwoman Maloney. The gentleman yields back. And in +closing, I want to thank the Comptroller for his testimony, his +service, his report, his press conference earlier today, and I +know he is testifying shortly before the Senate on the report +also. + I also want to commend my colleagues for participating in +this important conversation, and without objection, all members +have five legislative days within which to submit additional +written questions for the witness--to the chair, which will be +forwarded to the witness for his response. I ask our witnesses +to please respond as promptly as you are able to. + And this hearing is adjourned. + [Whereupon, at 1:51 p.m., the committee was adjourned.] + + [all] +