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- Chapter 4
-
-
-
-
- Chapter 4
-
- Cutting Back to Basics
-
- ***********************************
- I feel like that person in the old movie who writes
- in lipstick on bathroom mirrors, "Stop me before I kill again."
- However, in my case, the legend should be, "Stop me before I steal
- some more."
-
- Letter from Bruce Bair of Schoenchen, Kansas, to Vice
- President Al Gore, May 24, 1993
- ***********************************
-
- Bruce Bair admitted to "stealing" from the federal
- government--at a rate of about $11 an hour. His job was checking
- the weather in Russell, Kansas, every hour, and reporting to the
- Federal Aviation Administration. The FAA used his information to
- warn planes in the area about bad weather. But Russell isn't a busy
- flight station any more. Bair saw just two landings in more than a
- year during his night shift. Days were only slightly busier. Before
- the advent of automated weather gathering devices, human weather
- watchers at Russell and at other small stations throughout the
- Midwest were vital for aircraft safety. Today, they could be
- replaced with machines. "From my experience with the machine,"
- wrote Bair, "it is very adequate to protect the air space over
- Russell." In fact, Russell has had a machine for some time, but the
- FAA had not yet eliminated the human staff.
-
- Bair concluded his letter to Vice President Gore with these
- words: "I feel there is very little doubt among professionals that
- we are basically useless here." A few months later, he quit. Now he
- says, "I'm no longer stealing from the government."1
-
- Bruce Bair's story tells us much about our federal government:
- its entrenchment in old ways, its reluctance to question
- procedures, and its resistance to change. Its inflexibility has
- preserved scores of obsolete programs. This is not news to most of
- us--obsolescence is part of our stereotype of government.
-
- Why is it so difficult to close unneeded programs? Because
- those who benefit from them fight to keep them alive. While the
- savings from killing a program may be large, they are spread over
- many taxpayers. In contrast, the benefits of keeping the program
- are concentrated in a few hands. So special interests often prevail
- over the general interest.
-
- That's why we can't eliminate unnecessary programs simply by
- making lists. Politicians, task forces, commissions, and newspaper
- articles have been ridiculing wasteful programs for as long as we
- have enjoyed democratic government. But most programs survive
- attack. After a decade of tight budget talk, for example, federal
- budget expert Allen Schick says he can identify just three major
- nondefense programs eliminated since 1980: general revenue sharing,
- urban development action grants, and the fast breeder reactor
- program.2
-
- To shut down programs, therefore, we must change the
- underlying culture of government. As we described in the preceding
- chapters, we will do this by introducing market dynamics, sharing
- savings from cuts with agencies, exposing unnecessary programs to
- the spotlight of annual performance measures, and giving customers
- the power to reject what they do not need. As government begins
- operating under these new rules, we are confident that agencies
- will request the consolidation and elimination of programs.
- Billions of dollars will be returned to taxpayers or passed on to
- customers.
-
- We will begin this process today:
-
- First, we will eliminate programs we do not need--the
- obsolete, the duplicative, and those that serve special, not
- national interests.
-
- Second, we will collect more--through imposing or increasing
- user fees where pricing makes economic sense, and by collecting
- what the government is owed in delinquent debt or fraudulent
- overpayment of benefits.
-
- Third, we will reengineer government activities, making full
- use of computer systems and telecommunications to revolutionize how
- we deliver services.
-
- The actions and recommendations described in this Chapter are
- the first dividend on what we can earn from streamlining
- government. They won't be the last--or even the largest. The
- strategy of the National Performance Review differs from that of
- previous budget cutting efforts. Our recommendations have been
- discussed thoroughly with agency heads to determine which cuts are
- warranted, feasible, and can be done quickly. We are ready to act
- with the full force of the cabinet.
-
-
- Step 1: Eliminate What We Don't Need
-
-
- After World War II, a British commission on modernizing
- government discovered that the civil service was paying a full-time
- worker to light bonfires along the Dover cliffs if a Spanish Armada
- was sighted. The last Spanish Armada had been defeated some years
- before--in 1588, to be precise.
-
- This story may be apocryphal. But not all such stories are. In
- Brooklyn, New York, there is a Federal Tea Room where a federal
- employee sips imported tea to test its quality.3 For one hundred
- years, taxpayers paid for the position. It was not until press
- coverage angered enough members of Congress that things were
- changed: now, tea importers pay to have their tea tested--although
- the taster remains a government employee.
-
- These stories capture an essential truth about governments;
- they rarely abandon anything. Like the FAA that employed Bruce Bair
- to check the weather, federal agencies do many things not because
- they make sense, but because they have always been done that way.
- They become like the furniture: They are simply there.
-
- Other programs are not so much obsolete as duplicative. When
- confronted with new problems, we instinctively create new programs.
- But we seldom eliminate the old programs that have failed us in the
- first place. Still other programs were never needed in the first
- place. They were created to benefit influential industries or
- interest groups. The National Performance Review has targeted
- several programs in each of these categories for immediate
- elimination.
-
- Although we make specific recommendations in the pages that
- follow, we believe the government must tackle the problem
- systematically. The single best method would be to give the
- President greater power to eliminate pork that creeps into federal
- budgets.
-
-
- Action: Give the President greater power to cut items from spending
- bills.4
-
-
- Today, the President's powers to cut spending are
- limited--more limited than most of the nation's fifty governors. He
- can either sign or veto appropriations bills; he can't veto
- individual items--a power most governors have. For the President to
- cut wasteful spending, he needs the power of what is called, in
- Washington, "expedited rescission." Under current law, the
- President can submit proposed rescissions to Congress, which then
- has 45 legislative days to act. If Congress does not act, proposals
- are rejected. The President should have greater authority to reject
- individual items.
-
- Broader rescission powers were envisioned in HR 1578, which
- the House passed in late April 1993. This bill would force Congress
- to vote on the President's proposals to cancel funding, rather than
- let it kill those requests by ignoring them, as under current
- procedures. If enacted, the new procedure would, as President
- Clinton wrote in a letter to House Speaker Thomas S. Foley,
- "provide an effective means for curbing unnecessary or
- inappropriate expenditures without blocking enactment of critical
- appropriations bills."
-
- Eliminate the Obsolete
-
- Not all employees of useless programs act with Bruce Bair's
- forthrightness. But that doesn't mean their offices or programs are
- any more useful. The vast nationwide network of 30,000 federal
- government offices, for example, reflects an era when America was
- a rural country and the word "telecommunications" was not yet in
- the dictionary. While circumstances have changed, the government
- hasn't. As a result, workloads are unevenly distributed--some field
- offices are underworked, others are overworked, some are located
- too far from their customers to serve them well, and few are
- connected to customers through modern communications systems.
-
-
- Action: Within 18 months, the President's Management Council will
- review and submit to Congress a report on closing and consolidating
- federal civilian facilities.5
-
-
- All agencies will develop strategies to cut back or
- consolidate their field office systems in ways that are compatible
- with our principle of better services to customers. The President's
- Management Council will submit the report to Congress within 18
- months showing which offices may be closed, which can be
- consolidated and which can be slimmed. We urge Congress to act
- quickly on this package.
-
- *******************************
-
- This is a precious opportunity to make fundamental change in
- government. I look forward to working together on areas of mutual
- agreement.
-
-
-
- U.S. Rep. William F. Clinger (R. Penn.)
-
- *******************************
-
- We are confident that the savings will be large because
- several agencies are already committed to far-reaching reforms in
- their field office systems. Their efforts will be models for those
- that haven't moved as quickly as they prepare their plans for the
- President's Management Council.
-
-
- Action: The Department of Agriculture will close or consolidate
- 1,200 field offices.6
-
-
- The Department of Agriculture (USDA) operates the most
- elaborate and extensive set of field offices--more than 12,000
- across the country. Under Secretary Mike Espy's leadership, the
- department is planning dramatic reforms. USDA runs 250 programs in
- such vital but diverse areas as farm productivity, nutrition, food
- safety, and conservation. Its focus has shifted dramatically since
- the 1930s, when its present structure evolved: 60 percent of its
- budget now deals with nutrition; less than 30 percent with
- agriculture.
-
- As the basis for reorganization, USDA will concentrate its
- activities on six key functions: commodity programs, rural
- development, nutrition, conservation, food quality, and research.
- This focus will allow it to consolidate from 42 to 30 agencies and
- from 14 to six support staffs, cutting administrative costs by more
- than $200 million over five years.
-
- As part of this process, USDA will consolidate or close about
- 1,200 field offices within the Agricultural Stabilization and
- Conservation Service, the Soil Conservation Service, the Farmers
- Home Administration, the Cooperative Extension System, and the
- Federal Crop Insurance Corporation. Some of these offices now serve
- suburban counties, others have few rural customers left. In 1991,
- the General Accounting Office reported that in Gregg County, Texas,
- the Agricultural Stabilization and Conservation Service office
- served only 15 farmers; in Douglass County, Georgia, two USDA
- programs served a total of 17 farmers.7
-
- Field office closings will be determined by a six-part scoring
- system developed to evaluate each office. Once in place, this
- restructuring will save more than $1.6 billion over five years and
- eliminate the equivalent of 7,500 full time employees. Customers
- will be better served because operations will be combined in
- multi-purpose USDA field service offices.
-
-
- Action: The Department of Housing and Urban Development will
- streamline its regional office system.8
-
-
- The Department of Housing and Urban Development (HUD) has also
- developed a strategy to close offices without cutting customer
- services. Roughly 10,000 of HUD's 13,500 employees work in field
- offices, but their workloads vary: the New York regional office
- monitors 238,000 federal public housing units, the Seattle office
- only 30,000 units. Management restructuring, described in the
- previous chapter, will streamline HUD's field operations.9 Under a
- five-year plan, HUD will eliminate all regional offices, pare down
- its 80-field office system, and cut its field staff by 1,500
- people.
-
-
- Action: The Department of Energy will consolidate and redirect the
- mission of its laboratories, production, and testing facilities to
- meet post-Cold War national priorities.10
-
-
- For the first time in 50 years, the United States is not
- engaged in producing or testing nuclear weapons. Significant
- reductions in funding for these programs are already
- underway--$1.25 billion in fiscal year 1994 alone. Yet, the
- Department of Energy's weapons laboratories and production plants
- represent an irreplaceable investment in world-class research and
- development, intellectual, and computing capabilities, carefully
- cultivated over five decades. As the department redirects its
- facilities, the challenge is to eliminate unnecessary activities,
- while shifting appropriate resources to meet non-defense
- objectives.
-
- Under Secretary of Energy Hazel O'Leary's leadership, DOE will
- review its labs, weapons production facilities, and testing sites
- in the context of its mission--and will recommend the phased
- consolidation or closure of obsolete or redundant facilities. The
- secretary will also identify facilities that other government
- agencies may find useful, encourage laboratory managers to bid on
- contracts with other agencies, and increase cooperation with the
- private sector.
-
-
- Action: The U.S. Army Corps of Engineers will reduce the number of
- regional offices.11
-
-
- The U.S. Army Corps of Engineers, too, has a plan: it will cut
- its divisional offices from 11 to 6. It cannot, however, close
- district offices because Congress prevented such actions by law--an
- example of costly congressional micro-managing. The Corps has
- carried out the nation's largest civil works projects. But its role
- is changing: Fewer large projects, more complex environmental
- projects.
-
-
-
- Action: The Small Business Administration will reduce the number of
- field offices and consolidate services.12
-
-
-
- The Small Business Administration is developing criteria for
- consolidating field offices based on the customer load. It has
- already demonstrated in pilot programs how to cut local office
- staff by providing routine loan servicing for several local SBA
- offices and by adopting automated procedures for processing
- applications for the agency's many different loan programs.
-
-
- Action: The U.S. Agency for International Development will reduce
- the number of its overseas missions.13
-
-
- With the dramatic changes in U.S. foreign policy, agencies
- with overseas operations are rethinking their responsibilities. J.
- Brian Atwood, administrator for the U.S. Agency for International
- Development (AID), believes the number of countries in which his
- agency operates missions can be cut from 105 to perhaps 50. Cuts
- will be made in the number of missions in developed countries so
- that the agency's efforts can focus on those nations that can't
- absorb or manage assistance or on truly underdeveloped countries.
-
-
- Action: The United States Information Agency will cut the number of
- libraries and reference centers it pays for overseas.14
-
-
- Savings are also possible in overseas facilities maintained by
- the United States Information Agency. USIA maintains libraries and
- other facilities in many developed countries, as well as in
- emerging countries. While facilities in the latter are often
- crowded, those in developed countries attract few customers: In
- Canada, for example, a USIA library attracted only 568 walk-in
- visitors in a year. Eliminating some of these facilities or turning
- them over to their host countries could save an estimated $51.5
- million through 1999.15
-
- **********************************
-
-
- We'll challenge the basic assumptions of every program, asking
- does it work, does it provide quality service, does it encourage
- innovation and reward hard work. If the answer is no, or it there's
- a better way to do it or if there's something that the federal
- government is doing, it should simply stop doing, we'll try to make
- the changes needed."
-
-
- President Bill Clinton
-
- Announcement of initiative to streamline government March 3, 1993
-
- ********************************
-
-
- Action: The Department of State will reduce by 11 the number of
- Marine Guard detachments it employs.16
-
-
- By consolidating the storage of top secret documents in
- overseas missions, the Department of State can reduce the need for
- Marine Guard detachments. The Bureau of Diplomatic Security has
- identified 11 posts where the Marine Security Guard program could
- be eliminated simply by moving documents to other places.
-
-
- Action: Pass legislation to allow the sale of the Alaska Power
- Administration.17
-
-
- The federal government once played a crucial role in
- financing, developing and operating the Alaska Power Administration
- (APA). No longer. APA was created to encourage economic development
- in Alaska by making low-cost hydro-power available to industry and
- to residential customers. The project has succeeded and can now be
- turned over to local ownership.
-
- The federal government retains four other Power Marketing
- Administrations (PMAs) which own hydropower facilities and sell the
- power they generate to public, private, and cooperative utilities
- at cost. These PMAs serve customers spread throughout many states,
- so the facilities cannot easily be sold to a local entity. APA, on
- the other hand, is unique: Its facilities and customers are located
- in a single state. Various public agencies have already urged the
- federal government to sell the APA facilities. APA signed purchase
- agreements to do so before 1993.
-
- The sale is supported by state and local officials, Alaska's
- congressional delegation, the Energy Department, the Office of
- Management and Budget and the House Appropriations Committee. But
- Congress has yet to pass the necessary authorizing legislation. We
- urge it to do so. The sale would bring $52.5 million into the U.S.
- Treasury and save millions more in yearly operating costs.
-
-
- Action: Terminate federal grant funding for Federal Aviation
- Administration higher education programs.18
-
-
- Success has rendered two FAA federal subsidies obsolete. They
- have met the objectives for which they were established and can now
- be terminated. For example, in 1982, the Federal Aviation
- Administration (FAA) launched a program to improve the development
- and teaching of aviation curricula at universities and other
- post-secondary schools. The goal was to produce graduates better
- prepared for jobs in the industry.
-
- So far, the FAA has spent about $4 million on consultants to
- upgrade schools' programs and another $100 million was
- appropriated--most at Congress' insistence not at FAA's request--to
- be given out in grants so that the schools could buy better
- facilities and equipment. Many schools now offer high quality
- aviation training programs without support from the FAA. Since $45
- million of the appropriation remains unspent, stopping the program
- now can save this money.
-
- Another program we no longer need is the Collegiate Training
- Initiative for Air Traffic Controllers. It was set up to determine
- whether other institutions could offer the same quality training
- for controllers as the FAA Academy does. If they could, it would
- save the government the $20,000 it costs to train each new
- controller at the academy. The answer is clearly yes. Five schools
- participating in the program are producing well-qualified
- controllers, although only two are receiving government subsidies.
- It is now time to phase out these remaining subsidies.
-
-
-
- Action: Close the Uniformed Services University of the Health
- Sciences.19
-
-
- The Department of Defense once faced shortages of medical
- personnel, particularly of physicians. So, in 1972, Congress
- created the Uniformed Services University of the Health Sciences
- (USUHS). Today, USUHS provides less than 10 percent of the
- services' physicians at a cost much higher than other programs:
- USUHS physicians cost the federal government $562,000 each, while
- subsidies under the Health Professionals Scholarship Program cost
- only $111,000 per physician. Closing the facility and relying on
- the scholarship program and volunteers would save DOD $300 million
- over five years.
-
-
- Action: Suspend the acquisition of new federal office space.20
-
-
- Over the next 5 years, the federal government is slated to spend
- more than $800 million a year acquiring new federal office space
- and courthouses. Under current conditions, however, those
- acquisitions don't make sense.
-
- The federal workforce is being reduced, the Resolution Trust
- Corporation is disposing of real estate once held by failed savings
- and loans at 10 to 50 cents on the dollar, commercial office
- vacancy rates are running in the 10 to 25 percent range, and U.S.
- military bases are being closed. All of these factors suggest that
- the government has many potential sources for office space without
- buying any more buildings.
-
- The GSA administrator will place an immediate hold on GSA's
- acquisition--through construction, purchase, or lease--of net new
- office space. The administrator will begin aggressive negotiations
- for existing and new leases to further reduce costs. And GSA will
- reevaluate and reduce the costs of new courthouse construction.
- These actions should save at least $2 billion over the next 5
- years.
-
-
- Eliminate Duplication
-
-
- Government programs accumulate like coral reefs--the slow and
- unplanned accretion of tens of thousands of ideas, legislative
- actions, and administrative initiatives. But, as a participant at
- the Vice President's HUD meeting told us, "There isn't always a
- rational basis for the way we are set up in this organization. Over
- the years, branches have developed; they have been taken over by
- divisions; and we don't look at the organization as a whole." Now
- we must clear our way through these reefs.
-
-
- The National Performance Review has looked at government as a
- whole. We have identified many areas of duplication. What follow
- are recommendations for the first round of cuts and consolidations.
-
-
- Action: Eliminate the President's Intelligence Oversight Board.21
-
-
- No branch of government--including the Executive Office of the
- President--is free of duplication. We will begin the streamlining
- process in the EOP, where there are two groups intended to oversee
- intelligence--tripping over each other and allowing some issues to
- fall through jurisdictional cracks. The President, by directive,
- should terminate the President's Intelligence Oversight Board and
- assign its functions to a standing committee of the President's
- Foreign Intelligence Advisory Board.
-
-
- Action: Consolidate training programs for unemployed people.22
-
-
- Government's response to changing circumstance often creates
- duplication. As the economy has evolved, for example, we have
- created at least four major programs to help laid-off workers: the
- Economic Dislocation and Worker Adjustment Assistance Act (EDWAA),
- which spends $517 million annually for those who lose their jobs
- through plant closings or major layoffs; the Trade Adjustment
- Assistance program (TAA), which distributes $170 million through
- State Employment Security Agencies for those who lose jobs due to
- increased imports; the Defense Conversion Adjustment program, which
- dispenses $150 million for those unemployed because of defense
- cuts; and a program that allocates $50 million for those unemployed
- due to the enforcement of new clean air standards. Even more
- programs are in the pipeline.
-
- But multiple programs aimed at common goals don't work well.
- Administrative overhead is doubled and services suffer. Because
- each training program is intended to help people rendered jobless
- for different reasons, people seeking work must wait for help until
- the government determines which program they are eligible for. The
- process is slow. The General Accounting Office estimates that less
- than one-tenth of TAA-eligible workers receive any benefits within
- 15 weeks of losing their jobs, for example.23
-
- The unemployed care less about why they lost their jobs than
- about enrolling in training programs or finding other jobs. Labor
- Secretary Robert Reich is proposing legislative changes to
- consolidate programs for workers who lose their jobs, regardless of
- the cause. His bill would also allow more funds to be used before
- workers lose their jobs. In Chapter 1, we recommend the
- consolidation of 20 education, employment, and training programs.
- We urge Congress to support both initiatives.
-
-
-
- Action: Consolidate the Veterans' Employment and Training Service
- and the Food Stamp Training Program into the Employment and
- Training Administration.24
-
-
- Several training programs offer similar services through the same
- offices--sometimes even using the same employees--but requiring
- separate management and reporting systems. We can cut bureaucracy
- and paperwork while improving services to the customer by merging
- these programs.
-
- Consider the case of the Veterans' Employment and Training
- Service (VETS) in the Department of Labor (DOL). Another operation
- in DOL, the Employment and Training Administration (ETA), funds
- local Employment Services, which, in turn, house staff dedicated to
- providing veterans with advice on training programs. But these
- staff are legally prohibited from serving non-veterans. So, if a
- local office is crowded with non-veterans, these specialists cannot
- help out--even if they have no veterans to serve. Moving VETS into
- the ETA will generate much greater efficiency in the use of staff,
- leading to shorter lines and better service.
-
- We also recommend moving the Food Stamp Training Program into
- the ETA. Most training under the program is already performed under
- contract by ETA staff, by the Employment Service, or by local
- education institutions. Overall, ETA can offer poor people a much
- more comprehensive range of job-search and training services than
- can the Food Stamp Training Program.
-
-
- Action: Reduce the number of Department of Education programs from
- 230 to 189.25
-
-
- The nation's concern with education has led to an explosion of
- programs at all levels of government. The Education Department now
- funds 230 programs, many of which overlap. Since many are grants to
- state and local governments, we face duplication in
- triplicate--multiple administrative systems at all levels of
- government.
-
- Of these 230 programs, 160 will award money through 245
- different national competitions this year. The cumbersome
- administrative systems divert money from activities more central to
- the department's mission. These programs should be reduced in
- number and their procedures streamlined.
-
- The department has begun reforming and streamlining programs,
- particularly those under the Elementary and Secondary Education
- Act. This will make it easier for schools to get the money without
- jumping through so many bureaucratic hoops. We propose to eliminate
- and consolidate more programs that have served their original
- purpose or would be more appropriately funded through non-federal
- sources. The savings, as much as $515 million over 6 years, can be
- better used for other departmental priorities. For example:
-
- ╖ The department administers two programs--the National
- Academy of Space, Science, and Technology program and the National
- Science Scholars program--that give scholarships to post-secondary
- math, science, and engineering students. These two should be
- combined.
-
- ╖ State Student Incentives Grants were created to encourage
- states to develop needs-based student aid programs. Since all
- states now have their own programs, the federal program is no
- longer needed.
-
- ╖ The Research Libraries' program funds research libraries to
- build their collections. University endowments could and should
- support these efforts, without federal subsidy.
-
-
-
- Action: Eliminate the Food Safety and Inspection Service as a
- separate agency by consolidating all food safety responsibilities
- under the Food and Drug Administration.26
-
-
- Sometimes duplication among federal programs can make us
- ill--even kill us. Take the way we inspect food for contamination.
- Several agencies are involved, each operating under separate
- legislation, with different standards, and with staff trained in
- different procedures. In 1992, the Food and Drug Administration
- (FDA)--part of the Department of Health and Human Services--devoted
- about 255 staff years to inspecting 53,000 food stores, while the
- Food Safety and Inspection Service (FSIS)--part of the Department
- of Agriculture--devoted 9,000 staff years to inspecting 6,100 food
- processing plants.
-
- But this duplication doesn't mean that we cover all sources of
- contamination thoroughly. Meat and poultry products must be
- inspected daily, while shellfish, which have the same risk of
- causing food borne illness, are not required by law to be federally
- inspected. Too many items fall through the bureaucratic cracks. Not
- only that, enforcement powers vary among the different agencies. If
- the FDA finds unsanitary plant conditions or contaminated products,
- compliance is usually voluntary because the agency lacks FSIS's
- powers to close plants or seize or detain suspect or known
- contaminated products. And if one agency refers a problem to
- another, follow up is at best slow and at worst ignored.27
-
- With no fewer than 21 agencies engaged in research on food
- safety, often duplicating each other's efforts, we aren't
- progressing fast enough in understanding and overcoming
- life-threatening illness. As recent and fatal outbreaks of
- food-borne illness attest, multiple agencies aren't adequately
- protecting Americans.
-
- Under our recommended streamlining, the FDA would handle all
- food safety regulations and inspection, spanning the work of the
- many different agencies now involved. The new FDA would have the
- power to require all food processing plants to identify the danger
- points in their processes on which safety inspections would focus.
- Where and how inspections are carried out, not the number or
- frequency of inspections, determines the efficiency of the system.
-
- The FDA would also develop rigorous, scientifically based
- systems for conducting inspections. Today, we rely, primarily, on
- inspection by touch, sight, and smell. Modern technology allows
- more reliable methods. We should employ the full power of modern
- technology to detect the presence of microbes, giving Americans the
- best possible protection. Wherever possible, reporting should be
- automated so that high-risk foods and high-risk food processors can
- be found quickly. Enforcement powers should be uniform for all
- types of foods, with incentives built in to reward businesses with
- strong safety records.
-
-
- Action: Consolidate non-military international broadcasting.28
-
-
- The U.S. government funds several overseas broadcasting
- services--including those operated by the United States Information
- Agency's Bureau of Broadcasting, which accounts for one-third of
- the agency's $1.2 billion budget, and services such as Radio Free
- Europe and Radio Liberty, which have budgets totalling $220 million
- a year. All non-military international broadcasting services should
- be consolidated under the USIA. Part of this was propsed in the
- President's budget request for fiscal year 1994.
-
-
- Action: Create a single civilian polar satellite system.29
-
-
- Collecting temperature, moisture, and other weather and
- environmental information from polar satellites is a vital task,
- both for weather forecasting and for global climate studies. But we
- have two different systems, one run by the Department of Defense
- and the other by the National Oceanic and Atmospheric
- Administration. On top of this, the National Aeronautics and Space
- Administration is planning a third. Over the next ten years these
- three systems will cost taxpayers about $6 billion. Congress should
- enact legislation requiring these agencies to consolidate their
- efforts into a single system, saving as much as $1.3 billion over
- the same period.
-
-
- Action: Transfer the functions of the Railroad Retirement Benefits
- Board to other agencies.30
-
-
-
- The government can operate with fewer pension management
- systems. In 1934, Congress set up the Railroad Retirement Board to
- protect railroad workers in the face of financial problems, to
- allow workers to transfer among railroads, and to encourage early
- retirement to create jobs for the millions of younger workers. In
- those days, the huge national public pension system, Social
- Security, was not yet in place; neither were the state-federal
- unemployment insurance systems nor Medicare.
-
- Today, it makes no sense for a separate agency to administer
- benefits for a single industry. Social Security Administration can
- administer social security benefits for railroad workers as it
- administers them for everyone else; unemployment insurance systems
- can serve unemployed railroad workers as well as it serves other
- unemployed people; and the Health Care Financing Administration can
- incorporate railroad workers' health care benefits into the
- Medicare system.31
-
-
- Action: Transfer law enforcement functions of the Drug Enforcement
- Administration and the Bureau of Alcohol, Tobacco, and Firearms to
- the Federal Bureau of Investigation.32
-
-
- More than 140 federal agencies are responsible for enforcing
- 4,100 federal criminal laws. Most federal crimes involve violations
- of several laws and fall under the jurisdiction of several
- agencies; a drug case may involve violations of financial,
- firearms, immigration and customs laws, as well as drug statutes.
- Unfortunately, too many cooks spoil the broth. Agencies squabble
- over turf, fail to cooperate, or delay matters while attempting to
- agree on common policies.
-
- The first step in consolidating law enforcement efforts will
- be major structural changes to integrate drug enforcement efforts
- of the DEA and FBI. This will create savings in administrative and
- support functions such as laboratories, legal services, training
- facilities, and administration. Most important, the federal
- government will get a much more powerful weapon in its fight
- against crime.
-
- When this has been successfully accomplished, we will move
- toward combining the enforcement functions of the Bureau of
- Alcohol, Tobacco and Firearms (BATF) into the FBI and merge BATF's
- regulatory and revenue functions into the IRS. BATF was originally
- created as a revenue collection agency but, as the war on drugs
- escalated, it was drafted into the law enforcement business. We
- believe that war would be waged most successfully under the
- auspices of a single federal agency.
-
- Eliminate Special Interest Privileges
-
- Some programs were never needed. They exist only because
- powerful special interest groups succeeded in pushing them through
- Congress. Claiming to pursue national objectives, Congress, at
- times, funds programs that guarantee profits to specific industries
- by restricting imports, raising prices, or paying direct and
- unnecessary subsidies.
-
- Special interest groups come in all shapes and sizes and their
- privileges are as diverse. Producers of crops, residents of certain
- areas, and holders of some occupations have all succeeded in
- persuading Congress that their needs are special and their claim on
- special treatment is deserving.
-
-
- Action: Eliminate federal support payments for wool and mohair.33
-
-
- During World War II and the Korean conflict, the U.S. was
- forced to import about half the wool needed for military uniforms.
- To cut dependence on foreign suppliers, Congress in 1954 passed the
- National Wool Act, providing direct payments to American wool
- producers. The more wool a producer sold, the greater the
- government subsidy. In 1960, the Pentagon removed wool from its
- list of strategic materials. But the Wool Act remained in effect--a
- tribute to adept lobbying.
-
- Between 1994 and 1999, wool subsidies will cost an estimated
- $923 million. About half the payments will go to ranchers who raise
- Angora goats for mohair--a product that is 80 percent exported. So
- American taxpayers will subsidize the price of mohair sweaters
- overseas! In some years, subsidies provide more income than sales.
- The 1990 mohair checks, for example, totalled $3.87 for every
- dollar's worth of mohair sold.
-
- Today, about half the beneficiaries receive only $44 a year
- each. But the top one percent of sheep raisers capture a quarter of
- the money--nearly $100,000 each. The national interest does not
- require this program. It provides an unnecessary subsidy for the
- wealthy.
-
-
- Action: Eliminate federal price supports for honey.34
-
-
- World War II also brought us federal subsidies for honey
- production. During the war, honey was declared essential because
- the military used bees' wax to wrap ammunition, and citizens
- replaced rationed sugar with honey. When honey prices dropped after
- the war, the federal government began subsidizing honey production.
-
- The program was intended to be temporary--to last until there
- were enough honeybees available for pollination. But more than 40
- years later, every bee keeper in the U.S. is eligible for federal
- loans. In 1992, the federal government paid 7 cents a pound more to
- borrow money than it charged bee keepers. Taxpayers paid the
- difference. If it were to scrap the program, Congress would save
- taxpayers $15 million over the next six years.
-
-
- Action: Rescind all unobligated contract authority and
- appropriations for existing highway demonstration projects.35
-
-
- The practice of directing federal highway funds toward
- spending on specific demonstration projects--and away from regular
- state-level allocations--is increasing. This is not, for several
- reasons, a good trend.
-
- In 1991, the General Accounting Office (GAO) examined the
- contributions of demonstration projects--which range from paving a
- gravel road to building a multi-lane highway--to the nation's
- overall highway needs. Looking specifically at the $1.3 billion
- authorized to fund 152 projects under the 1987 Surface
- Transportation and Uniform Relocation and Assistance Act, GAO found
- that "most of the projects...did not respond to states' and
- regions' most critical federal-aid needs." Indeed, in more than
- half the cases, the projects weren't even included in regional and
- state plan--typically because officials believed the projects would
- provide only limited benefits. GAO also discovered that 10
- projects--worth $31 million in demonstration funds--were for local
- roads not even entitled to receive federal highway funding. In
- other words, many highway demonstration projects are little more
- than federal pork.
-
- Perhaps even worse, there's no guarantee that all these
- highway demonstration projects, once started, will ever be
- finished. GAO noted that project completion costs will greatly
- exceed authorized federal and state contributions, and that state
- officials are uncertain where they will find more funding. Further,
- only 36 percent of the project funds GAO reviewed had even been
- obligated by the beginning of fiscal year 1991, even though they
- were authorized in 1987. Some projects with no activity since 1987
- may never use their funds. Finally, no federal provisions allow
- for canceling or redirecting funds, nor can states redirect
- demonstration funds to other transportation projects.36
-
- We urge Congress to rescind all unobligated authority and
- appropriations for highway demonstration projects. Some of the
- savings would go to the taxpayers. We recommend that all highway
- projects be forced to compete for any remaining savings through the
- normal allocation and planning processes set up in more recent
- legislation.
-
-
- Action: Cut Essential Air Service subsidies.37
-
-
- Sometimes, to push through controversial changes, Congress
- grants affected groups special privileges. This was the case when
- airlines were deregulated in 1978. Because people living in small
- towns feared the loss of air service, Congress created the
- Essential Air Service program. The program guaranteed continue
- services for a decade--with federal subsidies if necessary. The
- purpose was to allow these communities to learn to live in a
- deregulated environment. But the program didn't end in 1988 as
- scheduled. Quite the opposite. Congress extended it for another ten
- years and its budget has grown- -from $30.6 million in 1988 to
- $38.6 million in 1993.
-
- The program is unneeded: 25 subsidized communities are less
- than 75 miles from hub airports. It is also costly: nine locations,
- receiving $3 million in subsidies in 1992, carried five or fewer
- passengers a day--one community, only 60 miles from a hub airport,
- received subsidies averaging $433 per passenger.
-
- Opposition to the program is rising. The Transportation
- Department's Inspector General has concluded that the program's
- costs outweigh its benefits. And after many years of resistance, a
- Congressional subcommittee agreed this year that the program lacks
- merit-based criteria. It's time to prune these subsidies. We
- recommend eliminating subsidies to locations in the 48 contiguous
- states within 70 miles of a hub airport; limiting subsidies to no
- more than $200 a passenger, and giving the Transportation
- Department authority to establish more restrictive criteria over
- time. This would save $13 million a year.
-
-
- Step 2: Collecting More
-
-
- Given the size of the federal deficit, government must find
- better, more efficient, and more effective ways to pay for its
- activities. In Chapter 2, we showed how government could become
- more businesslike. In this section, we propose three ways to
- increase federal revenues: introducing or increasing market-based
- user fees, collecting what is due the government in delinquent
- loans and in accidental or fraudulent overpayment of benefits, and
- refinancing debt at lower interest rates.
-
- Some people take advantage of government's largesse. They
- default on loans, or they double claim for health insurance
- benefits. Government has made it far too easy for people to get
- away with such actions. As a result, honest people are subsidizing
- their less scrupulous neighbors. Their actions raise the costs of
- federal programs, divert money from where it was intended, and
- discredit our system of governance. Here are the first steps we
- will take to end these practices.
-
-
- Raising User Fees
-
-
-
- Congress and federal agencies have shied away from charging
- for federal services. But government surely produces many goods and
- services for which consumers could, and should, pay." User fees can
- serve exactly the same function as prices do--providing federal
- managers with invaluable information about their customers. If
- customers like the services they are paying for--if they find the
- experience of visiting a particular national park enjoyable, for
- example--revenues will increase. If the agency can keep some of its
- additional revenues, it will be able to pay the increased operating
- costs associated with its rising number of customers. It will, as
- a result, learn to care about satisfying those customers.
-
- Paying for the services you receive also is an issue of
- fairness. Why should taxpayers subsidize concessionaires or
- visitors to National Parks, or pay the cost of determining whether
- a business should dump sludge into the nation's waterways? Many
- services government provides because they are in the national
- interest or because we do not expect people to pay for them. But
- the customers of some government activities could and should pay.
- Many agencies, including the Food and Drug Administration, The
- Patent and Trademark Office, the National Technical Information
- Service, and the Securities and Exchange Commission already charge
- their customers fees. In some cases, these fees cover the full cost
- of operations. Taxpayers are not called upon to pay for the
- services that others receive. But, most agencies aren't allowed to
- keep the fees--the revenues are sent to the Treasury. Under these
- circumstances, agencies have no incentive to increase fees if
- market conditions merit it.
-
- Where fees are allowed, Congress often limits them--removing
- any discretion from local managers. The National Park Service, for
- example, cannot charge more than $5 per car or $3 a visitor at many
- parks. At busy Yellowstone, Grand Teton, and the Grand Canyon, fees
- are limited to $10 a vehicle and $5 a visitor. Ending subsidies to
- concessionaires and moderately increasing fees would let the
- National Park Service invest more in its crumbling infrastructure,
- and spend more to protect America's priceless natural heritage.
-
- Two-thirds of all the National Park Services facilities charge
- no admission fee at all. Yet the Park Service suffers from a
- multi-billion dollar backlog in infrastructure repair and
- rehabilitation projects for the National Park System. One-third of
- NPS primary paved roads are in poor or failing condition; a tenth
- of employee housing is obsolete or deteriorated; and 4,700 planned
- natural and cultural resource projects are on the waiting list for
- funding. Meanwhile, demands on the parks are rising sharply as the
- number of visitors--both American and foreign--grows each year.38
-
-
- Action: Allow all agencies greater freedom in setting fees for
- services and in how the revenues from these fees may be used.39
-
-
- Even with a modest increase in fees, a family of four will pay
- less to spend a week in Yellowstone National Park than they would
- to see a first-run movie. The National Park Service should be
- allowed to keep 50 percent of revenues from fees to pay for vital
- services and projects.
-
- The natural fear is that federal facilities are monopolies
- and, unless their pricing policies were regulated, they would
- become price-gauging profiteers. The concern is appropriate, but
- the policies it has led to are not. We would not recommend that
- national parks or documents repositories, for example, become
- federal profit centers--but they could, certainly, cover a larger
- part of their costs. They cannot charge exorbitant prices--after
- all, parks are in competition with each other, and with many
- privately owned recreation areas. The market will control the
- revenues they can realistically collect.
-
- Pricing policy is an important management tool, and we
- recommend that Congress place it in the hands of many more federal
- managers. The National Performance Review recommends increasing the
- use of user fees for many activities. For example:
-
- ╖ The FDA must ensure that 1.5 million food products imported each
- year meet the same safety and labeling standards as domestic
- products. It also certifies the safety of exported foods.
- Taxpayers, not manufacturers, pay for these inspections. User fees
- could save taxpayers as much as $1.4 billion over 5 years.40 The
- agency should also have the power to collect fees for conducting
- inspections and reviews, processing petitions and applications,
- analyzing samples and issuing device reports for food, drugs,
- devices, and radiological products.
-
- ╖ The Department of Veterans Affairs runs a program to guarantee
- home loans for veterans. It lets them borrow at lower costs and
- make smaller down payments than would be possible without
- assistance, because the guarantee protects lenders in the event of
- foreclosure by reducing their potential loss. The department
- collects fees for this service, yet they are set very low. A modest
- increase in fees costing an extra $6 per month, for example, would
- still provide homebuyers with better-than-market terms. Yet it
- would generate an additional $811.4 million over 6 years.41
-
- ╖ Under the Clean Water Act, the Army Corps of Engineers issues
- permits for discharges of dredged or filled materials into rivers,
- lakes and streams. The Corps has processed 15,000 applications at
- a total cost of $86 million. Yet it has charged only token fees for
- its services, collecting only $400,000 annually. This amounts to a
- $12 million annual subsidy for commercial customers, according to
- Defense Department estimates. Higher fees would help not only
- taxpayers but Corps customers, because additional revenues could
- pay for faster processing of applications.42
-
- ╖ The Small Business Administration should have the power to
- establish user fees for the services they provide through the
- nationwide Small Business Development Center (SBDC) program. SBDC
- customers like the services they get, so the revenues from fees
- will enable the centers to expand successful programs.
-
-
- Action: Increase revenues by refinancing debt or raising federal
- hydropower rates to cover full operating costs.43
-
-
- The Power Marketing Administrations (PMAs), such as Alaska
- Power, were mandated in 1944 to sell their power at low rates to
- help promote development in sparsely populated areas. Rates are
- still low today; in fact, the PMAs sell power to their public,
- private and cooperative utility customers at below market rates.
- Thus, the low electricity rates enjoyed by customers in some areas
- are subsidized by American taxpayers in others. Taxpayers subsidize
- PMA utility customers through low-interest loans. The interest
- rates most PMAs pay the government are artifically low. As the
- interest on the Treasury's long-term debt climbed in the 1960s,
- 1970s, and 1980s, the differential between those rates and rates on
- PMA loans created federal subsidies for these projects.
-
- The Energy Department will take immediate steps to increase
- revenues from hydropower operations. The department will set a new
- rate policy for specified PMAs to seek recovery of full operating
- costs. As an alternative, the Energy Department may attempt to
- restructure the financing of the Bonneville Power Administration's
- debt, allowing Bonneville to issue bonds at market rates and repay
- its low-interest Treasury loans. The department will attempt to
- achieve such a refinancing with minimal effects on the near-term
- rates paid by its customers by seeking favorable bond interest
- rates and lengthening terms of repayment.
-
-
- Collecting Debt
-
-
- At the end of last year the federal government was owed $241
- billion by former students, small businesses, farmers, companies
- developing alternative energy sources-- even foreign companies and
- governments. This makes the federal government the nation's largest
- lender. Of this total, a shocking $47 billion--20 percent of the
- total--was delinquent.44
-
- To some extent, the federal government's unpaid debts reflect
- the fact that some of its loan programs operate more like grant
- programs. They are designed to meet national policy goals such as
- increasing the number of physicians in rural areas and supporting
- democratic governments overseas. But in other cases agencies have
- done a poor job in collecting what they are owed. After all,
- agencies are rarely held accountable for unpaid loans. All too
- frequently, neither are delinquent borrowers.
-
- If agencies were to put a higher priority on pursuing
- delinquent debt and if Congress were to grant them greater
- flexibility in their debt collection operations, the federal
- government could collect more of what it is owed. The Office of
- Management and Budget will work with each agency to develop debt
- collecting strategies that employ the following expanded powers.
-
-
- Action: Give agencies the flexibility to use some of the money they
- collect from delinquent debts to pay for further debt collection
- efforts, and to keep a portion of the increased collections.45
-
-
- Small investments in debt collecting can yield high returns.
- In 1989, the GAO discovered that the Veterans Administration had
- not recovered $223 million in health payments from third parties,
- such as insurers. Congress then changed the rules, allowing the VA
- to keep a portion of recovered third-party payments for
- administrative costs. With this incentive, the VA increased its
- recovery effort. The result: a four-fold increase in collections
- since 1989.
-
- The VA, now called the Department of Veterans Affairs, wants
- to go even further by expanding its cost recovery efforts into its
- loan programs and establishing cost-sharing, performance
- incentives. Local hospitals, for example, might be allowed to keep
- some of the revenues they generate to buy new medical equipment.
- Overall, VA believes it could pull in another $500 million through
- 1999.
-
- Opportunities like this occur throughout the federal
- government. The Education Department, for example, wants to use the
- additional repayments it would collect to pay for further
- collections of Higher Education Act debts. Budget offices tend to
- oppose the idea of sharing new earnings with the agency in
- question, because they want 100 percent of the earnings to meet
- deficit reduction targets. But unless the agencies have incentives
- to generate the earnings, they rarely produce them in the first
- place.
-
- The solution is twofold. First, Congress should allow agencies
- to use some of the money they now collect from delinquent debts to
- pay for further debt collection efforts. Second, it should increase
- the incentives agencies have to pursue debt collections, by letting
- them use a small portion of their increased collections to invest
- in improving their overall operations.
-
-
- Action: Eliminate restrictions that prevent federal agencies from
- using private collection agencies to collect debt.46
-
-
- In addition to sharing in their earnings, agencies would
- benefit from being able to use private debt collectors, as the
- Department of Education has done. While we know how cost-effective
- private collection agencies are, many agencies--including the
- Farmers Home Administration, Social Security, the IRS, and the
- Customs Service--are statutorily prohibited from using private
- agencies for the job, even on a contingency-fee basis. Congress
- should lift those restrictions.
-
-
- Action: Authorize the Department of Justice to retain up to one
- percent of amounts collected through civil debt collections to
- cover costs.47
-
-
- When borrowers default on their federal loans, the first step
- is for the lending agency to try to collect--or, if permissible, to
- use a private debt collection agency. If these measures fail,
- agencies refer claims to the Department of Justice. While the
- Department handles the larger claims itself, it refers those under
- $500,000--which constitute 90 percent of all claims--to local U.S.
- attorneys' offices. In overworked U.S. Attorney's offices, debt
- collection is often a low priority.
-
- To encourage the Department of Justice to collect debts,
- Congress should allow the department to retain 1 percent of
- everything it collects through litigating civil debt cases under
- $500,000. These retained funds should be used for paying staff
- working on debt collection, for paying case-related costs, and for
- paying for training and other investments to improve local debt
- collection programs.
-
-
- Action: The Royalty Management Program will increase the royalty
- payments it collects by developing new computer programs to analyze
- and cross-verify data.48
-
-
- The federal government collects royalty payments from mining
- companies recovering minerals from federal land. The Interior
- Department's Minerals Management Service (MMS), the agency charged
- with the job, collects $4.7 billion annually. But its auditing
- system is limited and focuses heavily on the companies paying the
- largest royalties--so smaller companies don't always pay their
- share. The Department of the Interior will increase its
- collections--by as much as $28 million over five years--by
- developing better accounting and auditing systems. To make sure MMS
- can collect its dues, the Interior Department will ask Congress for
- permission to assess penalties on substantial underpayments and to
- impose fees on a broader range of administrative costs.
-
-
- Action: HUD should offer incentive contracts to private companies
- to help federally subsidized home owners refinance their mortgages
- at lower rates.49
-
-
- HUD has succeeded in extending the dream of home ownership to
- many people. But the program does not take advantage of lower
- interest rates because the assisted owners do not have enough
- incentive to go through the work and bother of refinancing.
-
- We recommend that HUD offer incentive contracts to private
- companies to let them share a percentage of the savings to the
- government of refinancing the mortgages. They could work with the
- home owners to arrange refinancing, doing the necessary leg work
- and make cost effective payments to home owners to induce them to
- refinance. Projected savings from this program could exceed $210
- million over five years. Yet program beneficiaries would continue
- to receive exactly the same benefits.
-
-
- Eliminating Fraud
-
-
- While many think government steals from people, the reverse is
- also true: People steal from government. And, unlike private
- companies, some government agencies aren't very good at finding and
- prosecuting thieves. Moreover, the bureaucracy does too little to
- deter dishonest people.
-
-
- Action: Make it a felony to knowingly lie on an application for
- benefits under the federal Employees' Compensation Act and amend
- Federal law so individuals convicted of fraud are ineligible for
- continued benefits.50
-
-
- The federal government manages many programs that provide
- benefits to people injured or taken sick. Not all the recipients
- are legitimate. When agencies discover fraud, however, they are
- often hamstrung in their ability to terminate benefits--so they
- keep paying fraudulent claims. For example, under the Federal
- Employees' Compensation Act (FECA), the Office of Workers'
- Compensation Programs cannot terminate benefits even after finding
- that someone made false statements about a disability or an
- illness.
-
- In one case, a former federal employee collected almost
- $200,000 in benefits under the FECA disability program while
- working. When a witness told the government about the fraud, the
- employee hired someone to kill him. The employee was convicted of
- falsifying his application for FECA benefits, but the government
- could not cut off his compensation on the basis of his original
- false statements alone.51
-
-
- Action: Improve processes for removing people who are no longer
- disabled from disability insurance rolls.52
-
-
- The Social Security Administration serves more than 10 million
- people through two disability programs, Disability Insurance and
- Supplemental Security Income. But the General Accounting Office has
- estimated that 30,000 of these recipients are no longer eligible.
- Overpayments from the trust funds to ineligible people are
- projected to reach $1.4 billion by 1997.53 The Social Security
- Administration faces a dual problem: overpayment to unlawful
- claimants and lengthy delays in providing benefits to legitimate
- claimants. Using present management practices, the agency lacks the
- staff to review its rapidly escalating caseload. The backlog of
- 700,000 pending claims is taking priority over reviewing
- continuing cases.
-
- The agency is working to create a single disability claims
- processing system, but it needs greater budget flexibility to
- invest in hardware and software and to redeploy staff to meet
- growing demands.54
-
-
- Action:Create a clearinghouse for the reporting and disclosure of
- death data.55
-
-
- Obviously, no federal agency should continue paying benefits after
- recipients have died. But stopping payments is not easy because
- sharing death information among different levels of government is
- restricted and not always reliable. The Social Security
- Administration regularly obtains death information from states
- under agreements with each of them (except Virginia). But most
- agreements restrict SSA's disclosure of death data, so the
- information the SSA collects cannot always be shared with those
- running other federally- and state-administered benefits programs.
- The result is millions of dollars in overpayments. For Americans
- living overseas, the problem is even worse. SSA gives benefit
- checks to overseas embassies to deliver. The State Department
- claims that SSA must check that the recipients are still alive; SSA
- says that it's the State Department's job.
-
- We need not serve customers who are no longer alive. Congress
- should amend the Social Security Act to allow SSA to share death
- information with other programs.56
-
-
-
- Step 3: Investing in Greater Productivity
-
-
- One of the greatest obstacles to innovation in government is
- the absence of investment capital. The appropriations for most
- federal agencies last only one year: anything left over at the end
- of the year disappears. So it's difficult for organizations to
- scrape together enough money to make even small investments in
- training, technology, new work processes, or program innovations.
- We have recommended that agencies be allowed to keep half of any
- savings they can generate. In addition, we propose a source of
- innovation funds from which they can borrow. When managers and
- their employees are allowed to borrow for long-term investments,
- they have a real incentive to implement creative new ideas.
-
- The IRS and Interior Department already have innovation
- funds.57 Treasury and Justice operate working capital funds that
- finance specific innovations, such as modernizing information
- technology and computer systems. And the Commerce Department has a
- Pioneer Fund that gives employees cash grants (rather than loans)
- of up to $50,000 to finance quality and productivity improvements.
- The money can be used for supplies, equipment, or expert services.
- Some funds have financed projects related to advanced technology,
- such as the development of public information on CD-ROMs.
-
- State and local governments use this approach quite often.
- Many cities have long had some form of innovation fund. In Florida,
- Governor Lawton Chiles cut departmental budgets by five percent
- across the board, then gave half back to agencies that developed
- plans to invest in higher productivity and effectiveness.
-
- *******************************
-
- The Productivity Bank: Paying Big Interest in Philadelphia
-
- Mayor Ed Rendell says it's not hard to change incentives so that
- public employees save money.
-
- "We tell a department, 'You go out there and do good work,' "
- Rendell told the National Performance Review's Reinventing
- Government Summit in his city. "'You produce more revenue. You cut
- waste. And we'll let you keep some of the savings of the increased
- revenue.'"
-
- Traditionally, the mayor said, "every nickel that they would
- have saved would have gone right back to the general fund-- They
- would have gotten a pat on the back, but nothing else." Now, city
- employees save because their departments can keep some of the
- savings for projects to help them perform better.
-
- When the Department of License and Inspection beefed up
- collection and enforcement efforts and generated $2.8 million more
- than expected in 1992, Rendell said, the city let the department
- keep $1 million of the savings to hire more inspectors and, in
- turn, exceed the $2.8 million in 1993.
-
- The city also opened a Productivity Bank, from which
- departments can borrow for investment-type projects--that is,
- capital equipment--to produce either savings or enough revenues to
- repay the loan in five years. To ensure that departments don't
- apply frivolously, the city subtracts loan payments from annual
- departmental budgets. Successes already abound. The Public Property
- Department repaid a $350,000 loan to buy energy efficient lamps in
- one year--after saving $700,000 in energy costs.
-
-
- ********************************
-
- At the federal level, one important use for such funds would
- be technology investments. These are often considered too expensive
- for agencies' operating budgets, even though they save money in the
- future. The Agency for International Development, for instance,
- needs a centralized information management system to coordinate its
- central office with its international field offices. Because its
- information systems lack essential data and are not coordinated,
- they provide inconsistent, inaccurate, and incomplete reporting
- that managers frequently do not trust. Agencies such as AID should
- have authority to create innovation funds for capital investment
- loans to reduce future operating costs.
-
-
- Action: Allow all agencies and departments to create innovation
- funds.58
-
-
- Congress should authorize a two tier system of innovation
- funds: small loan funds within agencies; larger funds at the
- departmental level. These would be capitalized through retained
- savings from operational appropriations. For the new system to work
- well, Congress should allow all new and existing innovation funds
- to invest in joint projects with other agency funds, with state or
- local governments, or with industry.
-
- If managed according to market principles, innovation funds
- would produce measurable improvements in agency efficiency and
- significant taxpayers savings. Strict repayment schedules, with
- interest, would discourage careless borrowing.
-
-
- Action: The government should ensure that there is no budget bias
- against long-term investments.59
-
-
- Part of straightening out the govern--ment's books will
- involve adopting some financial distinctions that business uses.
- Federal bookkeeping rules discourage government investments in
- productive fixed assets, like computer systems. Right now, we count
- a $5 million investment to purchase a Local Area Network computer
- system in exactly the same way as we count $5 million spent on
- staff salaries. American businesses do it differently. Business
- depreciates fixed assets over time: If the $5 million computer
- system has a useful life of five years, then its $5 million
- acquisition costs will be spread out over five years. Poor choices
- of capital investment and the acquisition methods are currently
- costing the taxpayer millions of dollars each year.
-
- Listen to Eleanor Travers, the director of Pathology and
- Laboratory Medicine for the Veterans--Hospital Administration. She
- told the National Performance Review meeting at the Department of
- Veterans Affairs in August 1993:
-
- "Procurement of equipment is held up because capital
- dollars to purchase equipment are frozen. And you asked what
- dumb rules there were we could change. Allow our hospital
- directors and our top managers to use operating dollars when
- they find it's necessary to do leasing rather than purchasing
- . . . Please help us loosen up the capital fund so that we
- don't have to go to Congress and wait two and a half years for
- this line item to change."
-
- The budget should recognize the special nature and long-term
- benefits of investments in fixed assets through a separate capital
- budget, operating budget, and cash budget. The separate capital
- budget will explicitly show expenditures on fixed assets, and will
- help to steer our scarce resources toward the most economical means
- of acquisition of the most needed assets. The cash budget reflects
- the effect of both the capital and the operating budget on the
- economy. Therefore, the discipline of the cash outlay caps in the
- Budget Enforcement Act must be maintained.
-
-
- Step 4: --Reengineering Programs to Cut Costs
-
-
- In the past turbulent decade, many companies have been forced
- to recognize that they weren't organized in the right way to do
- what they were doing. Their organization structure reflected
- history, not current needs. Reform wasn't easy--too many people had
- vested interests in preserving their particular part of the
- organization. As a result, most attempts at reorganization were
- reduced to shifting things among different boxes on organizational
- charts. Businesses found that the only way to break the mold was to
- reengineer--to forget how they were organized, decide what they
- needed to do, and design the best structure to do it. An obvious
- insight? Perhaps. But the best ideas are always the ones that seem
- obvious--after their discovery.
-
- **********************************
- We are determined to move from an industrial age government to
- information age government, from a government pre-occupied with
- sustaining itself to a government clearly focused on serving the
- people.
-
-
-
- Vice President Al Gore
-
- May 24, 1993
-
- ***********************************
-
- We will reengineer the work of government agencies in two
- ways. First, we will expand the use of new technologies. With
- computers and telecommunications, we need not do things as we have
- in the past. We can design a customer-driven electronic government
- that operates in ways that, 10 years ago, the most visionary
- planner could not have imagined.
-
- Second, we will speed up the adoption of new ways to improve
- federal operations. Most of this work will be done by the federal
- agencies themselves. An outside performance review could never
- learn enough about internal agency work processes to redesign them
- intelligently. But we can begin to redesign several broad
- government-wide processes: The way we design programs, develop
- regulations, and resolve disputes.
-
-
- Electronic Government
-
-
- The history of the closing decade of this century is being
- written on computer. You wouldn't know it if you worked for many
- federal agencies, however. While private businesses have spent the
- past two decades either getting rich by developing new computer
- technologies or frantically trying to keep up with them, government
- is still doing things our parents--perhaps even our
- grandparents--would recognize.
-
- Offshoots of the unexpected and fertile marriage between
- computers and telephones have changed just about everything we
- do--how we work, where we work, the design of the workplace, and
- the skills we need to continue working.
-
- Organizations don't need as many people collecting information
- because computers can do much of it automatically. They don't need
- as many people processing that information because clever software
- programs can give managers what they need at the press of a button.
-
- Factories don't need to stockpile large inventories because
- smart machines on the assembly lines order components from equally
- smart machines working for suppliers. Yet government agencies stand
- guard over warehouses of unused office furniture. Retailers ship
- the right size of clothing to customers as soon as they receive a
- telephone order and a credit card number. Yet we can't pay our
- taxes that way.
-
- Computer companies give technical advice for our computers and
- software over the telephone 24 hours a day by fax, modem, or voice.
- Yet, the Social Security Administration can't do the same.
-
- Failure to adapt to the information age threatens many aspects
- of government. Take the State Department, a globe-spanning
- organization dependent on fast and accurate communications. Its
- equipment is so old-fashioned that the Office of Management and
- Budget says "worldwide systems could suffer from significant
- downtime and even failure."60 According to OMB, its systems are so
- obsolete and incompatible that employees often have to re-enter
- data several times. These problems jeopardize our ability to meet
- our foreign policy objectives.
-
- Or think about the way our government sends out checks. For 15
- years, electronic funds transfers have been widely used. They cost
- only 6 cents per transfer, compared with 36 cents per check. Yet
- each year, Treasury's Financial Management Service still disburses
- some 100 million more checks than electronic funds transfers.
-
- We still pay about one federal employee in six by check and
- reimburse about half of travel expenses by check. Only one-half of
- Social Security payments--which account for 60 percent of all
- federal payments--are made electronically, making SSA the world's
- largest issuer of checks. Only 48 percent of the Veterans Affairs
- Department's payments are made electronically. Fewer than one in
- five Supplemental Security Income payments and one in ten tax
- refunds are transferred electronically.61 We have only begun to
- think about combining electronic funds transfers for welfare, food
- stamps, subsidies for training programs, and many other government
- activities.
-
- Private financial transactions have become a lot easier in the
- past decade: bank cash machines are open 24 hours a day, credit
- cards let us avoid carrying cash, and we can buy goods over the
- telephone. This saves many of us a lot of time and money. It could
- save the Government a lot of time and money, too. Consider the
- paper chase involved in running the welfare system. The Food Stamp
- Program, alone, involves billions of bits of paper that absorb
- thousands of administrative staff years. More than 3 billion food
- stamps will be printed this year and distributed to more than 10
- million households. Each month, 210,000 authorized food retailers
- receive these coupons in exchange for food. These retailers carry
- stacks of coupons to 10,000 participating financial institutions,
- which then exchange them with Federal Reserve Banks for currency.
- The Federal Reserve Banks count the coupons--although they already
- have been counted more than a dozen times--and destroy them. The
- administrative cost of this system--shared equally by federal and
- state governments--is almost $400 million a year.
-
- We will support Agriculture's commitment to the goal of
- issuing food stamps electronically by 1996. Electronic benefits
- transfer could eliminate the paper chase, improve services to
- customers, and reduce fraud. At the same time, it could be used to
- authorize Medicaid payments, distribute welfare payments, infant
- nutrition support, state general assistance, and housing
- assistance. It could eliminate billions of checks, coupons, and all
- the other paperwork, record keeping and eligibility forms that
- clutter the welfare system.
-
- Why has business moved faster than government into the
- electronic marketplace? In the first place, government is a
- monopoly. Public organizations don't go out of business if they
- don't have the latest and smartest machines or the best approach to
- managing resources. In the second, employees who do want to
- modernize management have their hands tied with red tape--detailed
- budgets and cumbersome procurement procedures-- that deter
- investment. Finally, there is a natural inclination, familiar to
- private and public managers alike, to do things as they've always
- been done.
-
- What can we do to help our federal bureaucracy catch up?
-
-
-
- Action: Support the rapid development of a nationwide system to
- deliver government benefits electronically.62
-
-
- OMB has already begun the process. The electronic benefits
- transfer steering committee, which OMB oversees, will develop an
- implementation plan for electronic benefits transfer by March 1994.
-
- The system is workable with today's technology. For cash
- programs such as federal retirement, social security, unemployment
- insurance, or AFDC, benefits would be electronically deposited
- directly into recipient bank accounts electronically. If people
- didn't have bank accounts, these could be created once the
- individual enrolled in a program. For "non-cash" programs such as
- food stamps, participants would have accounts through which they
- could make purchases at approved food stores--analogous to credit
- cards with credit limits. Stores would debit accounts as eligible
- items were purchased. The entire system could operate on or be
- compatible with the existing commercial infrastructure through
- which private funds are transferred electronically.
-
- Agencies have begun experiments with electronic benefits
- transfers. Welfare checks, food stamps, and state-collected child
- support, for example, are distributed electronically in Maryland.
- There are test sites in Iowa, Minnesota, New Mexico, Ohio,
- Pennsylvania, Texas, and Wyoming. We know that a joint
- federal-state effort to transfer welfare benefits electronically
- works--and works well. The system is strongly supported by
- recipients, the state welfare agencies, food retailers, banks, and
- participating commercial networks. We also know that direct federal
- delivery of funds by electronics is cost-effective. We can't yet
- project with certainty what the savings might be, but preliminary
- estimates suggest $1 billion over five years once electronic
- benefits transfer of food stamps is fully implemented.
-
- In the future, the concept of electronic government can go
- beyond transferring money and other benefits by issuing plastic,
- "smart" benefit cards. With a computer chip in the card,
- participants could receive public assistance benefits, enroll in
- training programs, receive veterans services, or pay for day care.
- The card would contain information about participants' financial
- positions and would separately track their benefit accounts--thus
- minimizing fraud. Electronic government will be fairer, more
- secure, more responsive to the customer, and more efficient than
- our present paper based systems.
-
- Barriers still stand in the way. Agencies will have to work
- together to develop a comprehensive nationwide strategy for
- implementation; it will do no good for each agency to develop its
- own process. We will need to strengthen the partnership between
- state and federal governments in developing and operating the
- system. We will have to eliminate some regulations that would
- prevent this radical change in how government operates. And the
- National Institute of Standards and Technology will have to issue
- final standards and protocols for electronic signatures to
- facilitate electronic funds transfers and the electronic approval
- of budget and financial documents.
-
-
- Action: Federal agencies will expand their use of electronic
- government.63
-
-
- Opportunities abound for cutting operating costs by using
- telecommunications technologies. The National Performance Review
- has identified several projects that would improve government's
- productivity and reduce the burden of reporting on individuals and
- businesses.
-
- The IRS is introducing an efficient computer system,
- automating tax returns, and creating a wholly new work environment
- for its 115,000 full-time personnel. The agency currently operates
- a computer system put together in the 1960s--not the tool our
- principal revenue collector should be using. To make the new system
- work, the agency will need to figure out how to train its staff to
- operate in a reengineered agency. We will support the agency's
- investments in new hardware and training, as discussed in
- Chapter 3.
-
- The IRS will also manage the creation of an integrated
- electronic system for financial filing, reporting, and tax payment
- by 1996. The system will serve federal, state, and local taxpayers.
- It will allow the electronic filing of tax returns by individuals
- and companies, the electronic reporting of wages and withholding
- information, and other data required by all levels of government.
- In addition, the inter-agency Wage Reporting Simplification Project
- (WRSP) will be in place quickly--allowing businesses to file
- information once to serve many different purposes. The savings from
- fully implementing this program over the life of the system have
- been projected at $1.7 billion for government agencies and $13.5
- billion for private employers. Individuals will be able to file
- federal and state income taxes simultaneously through an Electronic
- Data Interchange, with their privacy protected and fraud prevented
- through digital signature standards. Electronic filing alone will
- save the IRS and state agencies from having to mail out the
- equivalent of 75 boxcars of forms.
-
- Working together, the Labor Department and IRS will develop an
- automated system all employers can use to file electronically the
- pension plan forms employers required by the Employee Retirement
- Income Security Act.64 At present, it costs the Internal Revenue
- Service more than $10 million a year to enter all these forms into
- its data base.
-
- The Labor Department will develop computer programs to
- determine quickly the appropriate wages on federal service
- contracts.65 Currently, all federal agencies contracting for
- services--from cleaning services to building management--must apply
- to the department for a determination of appropriate wages. The
- process is supposed to ensure that federal contracts don't
- undermine local prevailing wages. The process takes an average of
- 57 days and, with a growing number of service contracts, more and
- more are subject to delays.
-
- We will continue investing in the Social Security
- Administration's massive project to create a single nationwide
- disability processing system.66 This will require considerable
- investments in new telecommunications and computer systems as well
- as in staff retraining. It will also mean that the SSA will have to
- work cooperatively with state-run disability determination offices,
- set performance standards, and take over those that don't meet
- standards. Many of the system's worst processing bottlenecks are in
- the state offices that approve individual claims.
-
- *******************************
-
- Money for Numbers
-
- The National Technical Information Service runs a large and
- complex information collection and marketing operation. It is the
- nation's largest clearinghouse for scientific and technical
- information. Yet it covers the costs of its operations without
- receiving a penny in federal appropriations. Its customers pay --
- and their numbers are growing every year.
-
- NTIS's archives contain about 2 million documents (from
- research reports to patents), more than 2,000 data files on tape,
- diskette, or CD-ROM, and 3,000 software programs. This resource is
- growing at the rate of about 70,000 items each year. NTIS's press
- releases, on-line services, and CD-ROMs serve 70,000 customers,
- three-quarters of whom are from business and industry.
-
- In 1991, NTIS collected $30.7 million in revenues -- 77
- percent from its clearinghouse activities, the rest from other
- government agencies that reimburse NTIS for patent licensing
- services, and from billing other agencies for producing and
- distributing documents. NTIS is required by law to be
- self-sufficient.
-
- Some of these investments will require Congressional
- appropriations. But some can be financed through the innovation
- funds, described above, and some will become possible to pay for as
- soon as rigid budget regulations are relaxed.
-
-
-
- Action: Federal agencies will develop and market data bases to
- business.67
-
-
- Federal agencies must treat the data they compile and process
- as potentially valuable resources. Congress alerted the bureaucracy
- to the value of information in 1991 by passing the American
- Technology Preeminence Act. The act required federal agencies to
- transfer to the National Technical Information Service copies of
- federally funded research. At NTIS, the information is organized
- and made available to research scientists in academia and in
- industry. NTIS has developed an aggressive marketing strategy and
- pricing policy that have greatly increased its revenues.
-
- The Census Bureau has pioneered the use of computer technology
- such as CD-ROM technology to make federal data available. By 1992,
- the Bureau sold census data to 380,000 customers on tape or disc
- directly, and served another 1.1 million customers indirectly.
-
- Unfortunately, some federal agencies lag behind private data
- retailers in the services they offer their customers. People buying
- Census data must order it through paper order forms or by telephone
- during business hours--only 9 hours a day, 5 days a week. If
- private software companies offer 24-hour a day technical support,
- so should the Census Bureau.
-
- Other agencies will begin to exploit the potential of the
- information they collect. The Commerce Department, for example,
- will develop a manufacturing technology data bank that brings
- together information residing in the National Institute of
- Standards and Technology, the Defense Department, federal research
- laboratories, and other organizations. Commerce will also use its
- climate data as the basis for developing a National Environmental
- Data Index. Good data will be vital in solving the problems
- associated with global climate changes. The U.S. must be a leader
- in developing these information resources.
-
-
- Action: In partnership with state and local governments and private
- companies, we will create a National Spatial Data Infrastructure.68
-
-
- Dozens of agencies collect spatial data--for example,
- geophysical, environmental, land use, and transportation data. They
- spend $1 to 3 billion a year on these efforts. The administration
- will develop a National Spatial Data Infrastructure, (NSDI) to
- integrate all of these data sources into a single digital resource
- accessible to anyone with a personal computer. This resource will
- help land developers and conservationists, transportation planners
- and those concerned with mineral resources, and farmers and city
- water departments.
-
- Because of the value of the data, it will be possible to
- attract private sector funding for its collection, processing, and
- distribution. The Federal Geographic Data Committee, which operates
- under the auspices of OMB, plans to raise enough non-federal
- funding to pay for at least 50 percent of the project's cost. It
- will set the standards for data collection and processing by all
- agencies to ensure that NSDI can be developed as economically as
- possible.
-
-
- Action: The Internal Revenue Service will develop a system that
- lets people pay taxes by credit card.69
-
-
- The Customs Service lets people pay duties on imported goods
- by credit card. Americans should have the same convenient way to
- pay taxes. It will save time and cut the IRS's collection costs.70
- There is one hitch: Those who pay by credit card could avoid paying
- back taxes simply by filing for personal bankruptcy. This escape
- mechanism can't be employed today because back taxes are, under
- bankruptcy law, a "non-dischargeable" debt--that is, they are a
- debt that remains even after someone becomes insolvent. Therefore,
- the use of credit cards for tax payments should be delayed until
- Congress has amended the bankruptcy statute to prevent taxes paid
- by credit card from becoming a dischargeable debt. Our goal is to
- increase customer convenience, not to open up another loophole
- through which people can dodge paying delinquent taxes.
-
-
- Reengineering to Use Cost-Cutting Tools
-
-
- Our reinvented government will be able to cut further costs by
- using new ways to carry out traditional duties. To begin with we
- will have to get a lot smarter about how we design government
- programs. The President's Management Council will play a lead role
- in helping government learn from its past failures and successes to
- design better programs. In addition new approaches to
- regulation--such as negotiated rule making-- can reduce conflict
- and produce better results. Finally, alternative techniques for
- resolving disputes can avoid many of the costs of traditional
- litigation.
-
-
- Action: The President's Management Council will help agencies
- design and redesign better programs.70
-
-
- As taxpayers and customers we have been, time and time again,
- victims of the thoughtless expansion of government. When new
- programs were introduced or old ones retargeted, little thought was
- given to what economists blandly label "second order effects"--the
- unintended and unwanted consequences of actions. These unintended
- consequences are the collateral damage responsible for so much of
- the waste documented in this report. When we placed limits on crop
- deficiency payments, we didn't realize how easy it would be to
- establish eligible shell-corporations. When we added new
- procurement standards, we didn't anticipate the difficulties caused
- by centralized decision making. When we tried to target training
- programs on dislocated workers, we didn't anticipate the
- bureaucratic hassles involved in establishing eligibility.
-
- But the fact that we did not anticipate consequences does not
- mean that we could not have done so. Many different programs have
- been tried--by federal agencies, by state and local agencies, and
- by governments overseas. We have built up what lawyers would call
- "case law": lots of useful precedents about what works and what
- doesn't. The trouble is that, unlike case law, these precedents
- aren't easy to find. Congressional staff or agency employees
- designing new programs have no systematic way to find out what has
- been tried before and how well it has worked. The result? Endless
- reinvention of third rate or failed programs.
-
- In 1981, for example, the chairman of the House Banking
- Committee asked the Congressional Budget Office if it knew of any
- studies evaluating government loans as an effective policy tool.
- CBO did not. Yet the federal government had lent hundreds of
- billions of dollars--and it continues to do so today. The price we
- pay for this ignorance is a mountain of delinquent debt and a raft
- of discredited government initiatives. Too many policies and
- programs are built on equally feeble foundations.
-
- In 1988, Congress recognized this dilemma and provided for the
- establishment of a National Commission on Executive Organization,
- patterned after the first Hoover Commission. Its charter would have
- included a requirement to "establish criteria for use by the
- President and Congress in evaluating proposals for government
- corporations and government-sponsored enterprises and subsequently
- overseeing their performance."71 The new commission could have been
- activated by directive. It was not.
-
- To begin our attack on ignorance, the President should direct
- the President's Management Council to make program design a formal
- discipline throughout the federal government. The PMC will
- commission the preparation and publication of a program design
- handbook and establish pilot efforts within agencies to strengthen
- their ability to design programs. These pilot programs will help
- senior management design new programs, evaluate current programs,
- and create models for many different types of programs (research
- contracts, loan programs, tax preferences, and insurance programs
- to name just a few.)
-
- Since many programs originate in Congress, the Legislative
- branch should also work to improve staff capacity. We urge the
- Offices of the Legislative Counsel, the Congressional Research
- Service, and the General Accounting Office to fill this role. As
- both the legislative and executive branches elevate the discipline
- of program design, we will get better programs and less contentious
- relations between the two branches of government.
-
- But we need more than good programs. We need better rules and
- more efficient rulemaking. Federal agencies administer tens of
- thousands of laws, rules, and regulations--and the number is
- growing quickly. For better or worse, government's rulemaking, even
- more than its appropriations, shapes our lives.
-
- Costs, for the most part, are offset by benefits. Our system
- of laws and rules is the foundation for our economic success. It
- defines and protects personal and property rights and provides the
- framework for the orderly conduct of social and business affairs.
-
- But some aspects of rulemaking don't work well. As rules
- extend into increasingly complex areas of our environment,
- workplace safety, health, and social rights, their
- consequences--both deliberate and unintended--also grow. As this
- happens, we introduce more and more safeguards into the rulemaking
- process. The result is not always what we want. Hearings, reviews,
- revisions, more reviews, more hearings, and even more reviews are
- cumbersome, costly, and time consuming. For example, because the
- Department of Health and Human Services has been slow to issue
- regulations on such vital areas as the allocation of funds for the
- elderly and for children, states have had to introduce their own
- regulations without the benefit of federal guidance. Some of these
- state regulations have later been overturned after federal
- regulations were eventually issued, leaving states financially
- liable.
-
- New rules and regulations can also generate costly
- litigation--a bonanza for lawyers. Agencies writing the rules to
- implement environmental laws, according to one expert, often find
- "too frequently that their proceedings become a battleground for
- interest groups and other affected parties--in effect little more
- than the first round of the expected litigation."72
-
- There are better ways to make rules. A small group of federal
- agencies has pioneered a process called negotiated rulemaking. In
- 1990, Congress recognized and encouraged the process with passage
- of the Negotiated Rulemaking Act. We believe negotiated
- rulemaking--colloquially referred to as "reg neg"--is a process
- every rulemaking agency should use more frequently.73
-
-
- Action: Agencies will make greater use of negotiated rule making.74
-
-
- The "reg neg" process brings together representatives of the
- agencies and affected groups before draft regulations are issued
- and before all sides have formally declared war. The group meets
- with a mediator or "facilitator." The negotiators reach consensus
- on the regulation by evaluating their own priorities and making
- trade-offs. The negotiating process allows informal give and take
- that can never happen in court or in a public hearing. If agreement
- is reached, the agency can publish the proposed rule, accompanied
- by a discussion of the issues raised during negotiations. Even if
- both sides are too far apart to reach consensus, agency staff learn
- a lot during the process that helps them improve the regulations.
- When the parties do reach consensus, regulations are issued faster
- and costly litigation is avoided.
-
- When EPA applied reg neg techniques to the issue of emission
- standards for wood burning stoves, it was able to put standards
- into effect two years faster, and with much better factual input,
- than it could have without negotiations. Manufacturers of stoves,
- in turn, were able to begin retooling to meet standards without
- another two years of uncertainty.
-
-
- Action: Agencies will expand their use of alternative dispute
- resolution techniques.75
-
-
- Federal agencies also need better and cheaper ways to resolve
- disputes. Enforcing thousands of difficult and sometimes
- controversial rules--however carefully they are designed--leads to
- disagreements. State and local governments, businesses, and
- citizens challenge Washington's right to regulate certain issues,
- or they challenge the the enforcement of specific regulations.
-
- Solving these disputes can be expensive. It involves
- high-priced lawyers, it clogs the courts, and it delays action.
- Each year, 24,000 litigation matters reach the 530 full-time
- attorneys and 220 support staffers employed by the Labor Department
- alone. It often takes years to resolve these disputes, postponing
- the implementation of important programs and preventing a lot of
- people from doing what they are paid to do.
-
- In some cases, litigation is important: it interprets the law,
- sets important precedents, and serves as a deterrent to future
- wrongdoing. But in many cases, no one really wins-- and the
- taxpayer loses. It is often cheaper to resolve conflicts through
- new techniques known collectively as Alternative Dispute Resolution
- (ADR).
-
- Alternative Dispute Resolution (ADR) includes mediation (a
- neutral third party helps the disputants negotiate), early neutral
- evaluation (a neutral, often expert, person evaluates the merits of
- both sides), factfinding (a neutral expert resolves disputes that
- arise over matters of fact, not interpretation), settlement judges
- (a mediator settles disputes coming before tribunals), mini-trials
- (a structured settlement process), and arbitration (an arbitrator
- issues a decision on the dispute).
-
- Overcrowded courts are already encouraging private litigants
- to use ADR. Private contracts often specify the use of ADR to
- resolve disagreements among signatories. In 1990, Congress passed
- the Alternative Dispute Resolution Act, authorizing every federal
- agency to develop its own ADR policy. Some have, but some have
- dragged their feet.
-
- Those that have used ADR have saved time and money and avoided
- generating ill will. The Labor Department started a pilot program
- last year for OSHA and Wage and Hour cases and found it much
- quicker and cheaper. The Federal Deposit Insurance Corporation
- saved more than $400,000 with a single, small pilot program. The
- Farmers' Home Administration has used ADR on foreclosure cases--not
- only saving money but actually avoiding foreclosure on several
- families. This type of innovation should spread faster and further
- across the federal government.
-
-
-
- Conclusion
-
-
- If we follow these steps, we will move much closer to a
- government that costs less and works better for all of us. It will
- be leaner, more effective, fairer, and more up-to-date. It will be
- a government worth what we pay for it.
-
- We do not deny that many groups will oppose the actions we
- propose to take. We all want to see cuts made, but we want them
- elsewhere. Eliminating or cutting programs hurts. But it hurts
- less, at least in the long run, than the practice of government as
- usual. Writing about Britain's monarchy in the eighteenth century,
- Samuel Pepys once observed that it was difficult for the king to
- spend a million pounds and get his money's worth. Fawning
- courtiers, belligerent Lords and hundreds of other claimants each
- demanded their share. The same is true today. The money spigot in
- Washington is much easier to turn on than to turn off--and too
- little of the funds that gush from it irrigate where water is
- scarce. That is why we have not simply offered a list of cuts in
- this report. Instead, we have offered a new process--a process of
- incentives that will imbue government with a new accountability to
- customers and a new respect for the public's money.
-
-
-
-
-
-
-
-
-