Federal Fumbles 2015
Federal Fumbles 2015
Federal Fumbles 2015
My fellow taxpayers:
Welcome to the first annual release of the Federal Fumbles report! Our national debt is careening
toward $19 trillion (yes, that is a 19 followed by 12 zeros), and federal regulations are expanding at a
record pace. Meanwhile families struggle to get home loans, and small businesses struggle to make
ends meet. States are constantly handed unfunded mandates and executive fiats that they are forced
to implement with minimal direction and no way to pay for them. I present this report as a
demonstration of ways we can cut back on wasteful federal spending and burdensome regulations to
help families, small businesses, and our economy begin to get out from under the weight of federal
stagnation.
Cited here are not only prime examples of wasteful spending, but also federal departments or
agencies that regulate outside the scope of the federal governments constitutional role. I firmly
believe my staff and I have the obligation to solve the troubles of our nation, not just complain, which
is why for every problem identified, you will also find a recommended solution. There is a way to
eliminate wasteful, ineffective, or duplicative program spending; develop oversight methods to
prevent future waste; and find ways to get us back on track.
Over the years other Members of Congress, including former Senator Tom Coburn, current Senators
Dan Coats, Jeff Flake, John McCain, Rand Paul, Rep. Steve Russell, along with the House Republican
Study Committee, have offered ideas to eliminate wasteful spending. It takes countless months, days,
and hours to go through agency budgets, GAO reports, and Inspectors General reviews to identify,
research, and fact-check government waste. It should not be this difficult to find out how exactly our
government spends money. Federal spending information should not be limited to Members of
Congress and their staffs. So here is one solution: the Taxpayers Right to Know Act.
In January I introduced the Taxpayers Right to Know Act, which creates a central database for the
financial data of every federal program in all federal agencies and departments. Agencies and
departments would be required to develop performance metrics for all of their programs and
provide a yearly report card. This centralized database would provide an accessible source for
everyone to see how our federal government spends money and how effectively that money is used.
You have every right to know how your government spends your money. Sunlight is the solution to
most of our federal waste.
It is important to remember that while wasteful government spending is harmful, overly
burdensome federal regulations are an equal part of the problem facing American families and
businesses. The federal government diligently tracks total tax collections and annual spending levels.
However, it does not officially account for total government-wide regulatory costs. While certain
regulations are important to keep us safe, the current Administration has churned out new
regulations at a pace that exceeds 3,500 per year.
To put that into perspective, last year, the President signed 224 bills into law but published 3,554
final rules. This means that for every law passed by Congress, the federal government created 16 new
rules. These 3,554 regulations impose significant costs on the American economy. The National
Association of Manufacturers calculated the total cost of federal regulations in 2012 to be a
staggering $2.028 trillion (11 percent of the U.S. gross domestic product). If our $2 trillion federal
regulatory cost were a country, it would be the ninth-largest in the world.
The federal government collected $1.234 trillion in individual income taxes in 2013 but cost
individuals and businesses more than $2 trillion in federal regulations. In 2014 the federal
government published 80 major final regulations that were economically significant,or
regulations that will cost more than $100 million a year. And remember, the costs of those
regulations are passed on to you, the consumer.
Here is a fun fact: last year, according to the Competitive Enterprise Institute, families spent $14,974
of their average household income on goods and services to cover the cost of federal regulations. Can
you imagine what your family could do with an additional $14,974 for groceries, gasoline, and
savings? Congress owes it to the American people to carefully scrutinize the regulatory process to
ensure regulations work for the people. We can balance responsible regulations with cost-effective
solutions that work for families. If we do not stop the rising tide of excessive federal regulations, how
will the next generation of leaders start the next great American company or afford basic expenses
for the family?
I am a proud father of two wonderful girls. I believe there are endless possibilities for the young
people of today, as they prepare to be the leaders of tomorrow. My primary mission in the U.S. Senate
is to leave the next generation a nation better off than it is today. That is why I leave my family and
my home in Oklahoma to come to Washington, DC, each week. I want our government to provide its
necessary and essential services and protectionsno more, no less. I do not want the federal
government to burden our society with its overregulation and overwhelming debt.
It is time for all elected officials in the Senate, House of Representatives, and White House to set
priorities, then actually do the work. That is our job. For example, one of our top priorities should be
to balance the budget and keep government out of the daily lives of American citizens. An
unnecessary challenge is that we often cannot find the common ground to even set priorities, much
less decide how to accomplish them. We can all agree that the federal government has a job to do. It
is time for us to pick up the ball, and do the work our constituents sent us here to do.
I hope this book provides practical ideas for my fellow Members of Congress, their staffs, and
individuals throughout government who can play a role to eliminate careless federal spending and
burdensome regulations.
In God We Trust,
James Lankford
United States Senator for Oklahoma
To read more on the Taxpayers Right to Know Act, please click here.
To go further in-depth on the cost and size of federal regulations, please visit:
Federal Register: Public Law Numbers
CRS Report: Counting Regulations: An Overview of Rulemaking, Types of Federal Regulations, and Pages in the Federal
Register
National Association of Manufacturers: The Cost of Federal Regulation to the U.S. Economy, Manufacturing and Small
Business
Competitive Enterprise Institute: Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State
KEY
As you read through this book you will notice each entry starts with a short Quick Stats section that
lists the Conference, Team, Fumble, and How to Recover the Ball. The Conference is either Spending
or Regulation to tell you whether the entry is an example of wasteful or duplicative spending or a
burdensome regulation. The federal agency or department responsible for the problem highlighted is
the Team. The cost of the spending or regulation is the Fumble. How to Recover the Ball is a proposed
solution to either prevent the Fumble from happening again or stop a regulation from burdening
American families and businesses.
ABBREVIATIONS
Agency for International Development
Al Qaeda in the Arabian Peninsula
Army Corps of Engineers
Bureau of Indian Affairs
Bureau of Indian Education
Bureau of Land Management
California Gnatcatcher
Centers for Medicare and Medicaid Services
Compressed Natural Gas
Congressional Budget Office
Crime Victims Fund
Democratic Republic of the Congo
Department of Agriculture
Department of Commerce
Department of Defense
Department of Education
Department of Energy
Department of Health and Human Services
Department of Homeland Security
Department of Housing and Urban Development
Department of Justice
Department of Labor
Department of State
Department of the Interior
Department of Transportation
Department of the Treasury
Department of Veterans Affairs
Environmental Protection Agency
Federal Communications Commission
Federal Highway Administration
Federal Protective Service
Fiscal Year
Fish & Wildlife Service
USAID
AQAP
USACE
BIA
BIE
BLM
CAGN
CMS
CNG
CBO
CVF
DRC
USDA
DOC
DOD
DOEd
DOE
HHS
DHS
HUD
DOJ
DOL
State
DOI
DOT
Treasury
VA
EPA
FCC
FHWA
FPS
FY
FWS
FDA
GSA
GAO
ICE
IG
IRS
ISIL
MIT
NCI
NEA
NIH
NIST
NLRB
NPS
NSF
OMB
RFS
SHIFT
SEC
SSA
SSDI
SIGAR
TFBSO
TAA
UI
WHB
TABLE OF CONTENTS
A $43 Million Gas Station ............................................................................................................................................................................ 9
Silent Shakespeare ...................................................................................................................................................................................... 10
Subsidized Wind .......................................................................................................................................................................................... 11
A Tale of Woe, ICE Style ............................................................................................................................................................................ 12
Federal Student Lunch Standards: The Anti-Popeye .................................................................................................................... 13
Paid Vacation, Federal Style .................................................................................................................................................................... 15
Dishwasher Efficiency Standards ......................................................................................................................................................... 16
Federal Diets .................................................................................................................................................................................................. 17
Safe Havens for Criminals ........................................................................................................................................................................ 18
Got Gnatcatchers? ........................................................................................................................................................................................ 19
CMS Files Secretive Settlement .............................................................................................................................................................. 20
A $4 Million Rebel........................................................................................................................................................................................ 21
Academy Awards Museum Subsidy ..................................................................................................................................................... 22
Russian Cigarettes ....................................................................................................................................................................................... 23
Toy Guns: Regulatory Hotspot ............................................................................................................................................................... 24
The Truth Is Not Cheap ............................................................................................................................................................................. 25
Taxpayer-Funded Media Ethics in India ............................................................................................................................................ 26
Caution: Read Before Eating! .................................................................................................................................................................. 27
Llamagate........................................................................................................................................................................................................ 28
Stand-by For Delivery (Maybe) ............................................................................................................................................................. 29
More Money, Fewer Results .................................................................................................................................................................... 30
And While We Are at It .......................................................................................................................................................................... 31
Getting Dressed, Jetsons Style ................................................................................................................................................................. 32
No Rocks for Wars ....................................................................................................................................................................................... 33
Big Billboards, Bigger Regulations ....................................................................................................................................................... 34
Pony Pals: Wild Horses of the Wild West .......................................................................................................................................... 35
Which Came First, the Chicken or the Egg? ...................................................................................................................................... 37
Casinos Could Hit Jackpot from Taxpayer-Funded Research.................................................................................................... 38
Leatherneck Leftovers ............................................................................................................................................................................... 39
$30,000 for a Beetle? (Not the Volkswagen Kind) ......................................................................................................................... 40
Promises Not Kept....................................................................................................................................................................................... 41
All Lit Up! ........................................................................................................................................................................................................ 44
Federal Bike Trails ...................................................................................................................................................................................... 45
Funding for Phantom Fuels .................................................................................................................................................................... 46
Law vs. Executive Orders ......................................................................................................................................................................... 47
Got a Permit for That?................................................................................................................................................................................ 48
USAID: Blame the Afghans, Not Us ....................................................................................................................................................... 49
VA: Return on Solar Investment in just 38.59 Years! ................................................................................................................... 50
Doctor Uncle Sam ........................................................................................................................................................................................ 51
Lifeline Phone Program ............................................................................................................................................................................ 52
Subsidized Sport Stadiums ...................................................................................................................................................................... 53
Unfunded Mandates to Cities, Tribes, States, and Private Businesses................................................................................... 54
International Marine Turtles of Mystery ........................................................................................................................................... 55
One of these Entitlements is Not Like the Other............................................................................................................................. 56
EPA Power Grab: Final Waters of the United States Rule ....................................................................................................... 57
Organizing around the World: Unions for All .................................................................................................................................. 59
Going Green, Moroccan Style .................................................................................................................................................................. 60
To Advertise or Not to Advertise? That is the Question. ............................................................................................................. 61
Solar Beer........................................................................................................................................................................................................ 62
CONFERENCE: Spending
TEAM: Department of Defense
FUMBLE: $42,718,739 gas station in Afghanistan
HOW TO RECOVER THE BALL: Require DOD to submit reports on all completed facility
construction at the one-, three- and five-year marks to certify the facilitys use compared to
the original construction justification
RECOVERY
SILENT SHAKESPEARE
QUICK STATS
X
X
O
O
CONFERENCE: Spending
TEAM: National Endowment for the Arts
FUMBLE: Tens of thousands of dollars
HOW TO RECOVER THE BALL: Require a thorough disclosure and transparency process for federal
grants to ensure funding focuses on items of national interest
Photo: Shutterstock
RECOVERY
10
SUBSIDIZED WIND
QUICK STATS
X
X
O
O
CONFERENCE: Spending
TEAM: Internal Revenue Service
FUMBLE: $6 billion
HOW TO RECOVER THE BALL: End the temporary tax incentive after 23 years
generation capacity has grown more than 3,000
percent nationwide since it was first put into
law.16 As an example, wind now contributes
almost 15 percent of the State of Oklahomas
net power generation.17 Thirty-eight states
have renewable energy portfolio standards,
including wind, that are either mandatory or
voluntary,18 and some have financial incentives
at the state level as well.
Wind efficiency is up dramatically. This quality
energy resource is now fully viable and useful.
Every time the credit is extended another year,
taxpayers pony up more than $6 billion over ten
years for an industry that is already
profitable.19 With trillions in federal debt, this
taxpayer money should be used to pay for
highways, national defense, or deficit
reduction.
Photo: Shutterstock
RECOVERY
11
CONFERENCE: Spending
TEAM: Immigration and Customs Enforcement
FUMBLE: $6 million to repair a building that remains unsafe
HOW TO RECOVER THE BALL: ICE should conduct a cost-benefit analysis and a feasibility
study before renovating an existing building, where the cost could exceed $1 million
RECOVERY
12
CONFERENCE: Regulation
TEAM: Department of Agriculture
FUMBLE: Feds prevent schools from adequately feeding students
HOW TO RECOVER THE BALL: Include grain requirements amendment in FY 2016 funding
bills and reject centralized meal planning for every school in America
Photo: Twitter
RECOVERY
14
CONFERENCE: Spending
TEAM: Government-wide
FUMBLE: Paying employees on administrative leave for months or even years at a time
HOW TO RECOVER THE BALL: Create a clear process to handle employees on administrative
leave; create faster processes for hearings
Photo: Shutterstock
RECOVERY
Congress should support a clear process for
agencies to handle employees who are accused
of misconduct or who have been placed on
administrative leave for any other reason. If
someone receives a paycheck, he or she needs
to actually show up for work.
15
CONFERENCE: Regulation
TEAM: Department of Energy
FUMBLE: Allow only 3.1 gallons of water to wash a load of dishes
HOW TO RECOVER THE BALL: Work with industry and the public before drawing up final
regulations
RECOVERY
16
FEDERAL DIETS
QUICK STATS
X
X
O
O
CONFERENCE: Spending
TEAM: National Institutes of Health
FUMBLE: $2,658,929 weight-loss program for truck drivers
RECOVERY: Congress should develop clearer expectations for areas of research for NIH
RECOVERY
17
RECOVERY
18
GOT GNATCATCHERS?
QUICK STATS
X
X
O
O
CONFERENCE: Spending
TEAM: Department of Defense
FUMBLE: $283,500 gnatcatcher survey
HOW TO RECOVER THE BALL: Congress should establish a policy that all grants issued by
the Department of Defense must support national security
Photo: Shutterstock
RECOVERY
Congress should work with DOD to ensure
there are no federal restrictions to the
Department remaining completely focused on
keeping the homeland safe. DOD should not feel
obligated to fulfill the mission of other federal
agencies. It has a tough enough job already.
19
CONFERENCE: Regulation
TEAM: Centers for Medicare and Medicaid Services
FUMBLE: $1.3 Billion
HOW TO RECOVER THE BALL: Congress should work with CMS to solve the backlog issues
that result in a $1.3 billion settlement
RECOVERY
Congress should immediately investigate how
CMS got to this point, why major changes were
not made, and how a more than $1 billion
settlement
could
be
made
without
congressional approval. This cannot happen
again. American families cannot afford it, and
good healthcare providers should not have to
endure it.
20
A $4 MILLION REBEL
QUICK STATS
X
X
O
O
CONFERENCE: Spending
TEAM: Department of Defense
FUMBLE: $250 million to train 60 Syrian rebels
HOW TO RECOVER THE BALL: Require DOD to continually evaluate programs and move
more quickly to eliminate programs that do not meet expectations
RECOVERY
21
CONFERENCE: Spending
TEAM: National Endowment for the Arts
FUMBLE: $25,000 for a grant to fund the Oscars museum
HOW TO RECOVER THE BALL: Increased oversight of the award-making process
Photo: Shutterstock/MidoSemsem
RECOVERY
22
RUSSIAN CIGARETTES
QUICK STATS
X
X
O
O
CONFERENCE: Spending
TEAM: National Institutes of Health
FUMBLE: $48,500 to study the history of tobacco use in Russia
HOW TO RECOVER THE BALL: Utilize resources to provide greater public health outcomes
RECOVERY
Recently NIH made major medical advances in
Ebola research, gene therapy to treat
hemophilia, blood tests for early detection of
Alzheimers. Four men even regained muscle
control from paralysis after spinal stimulation
therapy.57 These advances truly make a
difference and help families across the nation.
Instead of funding the publication of niche
history books, Congress should push NIH to
continue to concentrate its resources on more
transformative research to provide public
health breakthroughs for the American people.
Leave the study of Russian cigarettes to the
Russians.
23
CONFERENCE: Regulation
TEAM: National Institute of Standards and Technology and Customs and Border Protection
FUMBLE: Duplicative toy gun regulations
HOW TO RECOVER THE BALL: Congress should transfer the oversight to one agency for
enforcement; OMB should eliminate regulatory duplication
GAO report found an interesting loophole in the
regulatory structure of the toy gun industry,
confirmed by the regulating agency itself: NIST
staff also noted that because there are few, if
any, domestic manufacturers of toy and
imitation firearms and because most are
imported, NIST regulations on the markings for
toy and imitation firearms are enforced almost
entirely by Customs and Border Protection
(CBP). GAO also noted the possibility for
inefficiency, stating that because the
regulation of toy and imitation firearms falls
outside the scope of NISTs primary mission
and functions and because NIST has no physical
presence at ports of entry, NIST staff stated the
regulation and oversight of toy and imitation
firearm markings may better be administered
by another federal agency.59
Photo: Shutterstock
RECOVERY
24
CONFERENCE: Spending
TEAM: Department of State
FUMBLE: $545,000 for truth-telling consultants
RECOVERY: Departments should be more selective in the types of training grants they offer;
activities that can be handled internally should be handled internally
RECOVERY
Congress
should
use
its
oversight
responsibilities to guide federal agencies (not
contractors) to handle training or other
internal matters that could be undertaken by
staff already on the federal payroll. Another
idea is to tell all State Department staff to just
honor any moms advice, When in doubt, tell
the truth.
Photo: Shutterstock
25
TAXPAYER-FUNDED MEDIA
ETHICS IN INDIA
QUICK STATS
X
X
O
O
CONFERENCE: Spending
TEAM: Department of State
FUMBLE: $25,000 for media ethics training in India
HOW TO RECOVER THE BALL: Suspend the grant program
RECOVERY
26
Photo: Shutterstock
RECOVERY
Trust Americans to pick the food they like and
want. Drop the entire labeling requirement. If
all of the menu labeling cannot be eliminated, at
least consider Rep. Cathy McMorris Rodgerss
(WA) Common Sense Nutrition Disclosure Act
of 2015, which will provide flexibilities to
restaurants to include either the number of
calories contained in a whole menu item or the
number of servings and calories per serving.
Additionally the Act would allow nutritional
information to be provided on an Internet
menu for food establishments where the
majority of orders are delivery or takeout.68
27
LLAMAGATE
QUICK STATS
X
X
O
O
CONFERENCE: Regulation
TEAM: Department of Agriculture
FUMBLE: Inflexible regulations threaten therapy llamas and common sense
HOW TO RECOVER THE BALL: The federal government should stop engaging in permitting
processes that are the responsibilities of state and local officials
The owners repeatedly called USDA to try to
follow up on the matter but were informed the
agency only responds to written inquiries.
Eventually the owners stopped showcasing
their llamas to avoid the risk of facing fines. As
a result, Ms. Freund said, They [USDA] just
totally destroyed everything I had planned for
my retirement.70 Citizens who reach out to
their government for help should receive that
help and not a cold shoulder.
RECOVERY
28
RECOVERY
Any foreign aid should accomplish a goal of
increased American security. Americans do not
want our money wasted. Going forward,
Congress should work with DOD to ensure that
when supplies are purchased to aid another
country, there is a vetted plan to deliver them
in a timely manner and that delivery actually
occurs. This plan should include what to do
with the supplies, if they become undeliverable.
American families, many of whom struggle to
afford their own basic needs, should not have to
foot the bill for unused supplies intended for
other countries.
29
CONFERENCE: Spending
TEAM: Department of Health and Human Services
FUMBLE: $4 billion
RECOVERY: No funds for failed state exchanges; repeal Obamacare
RECOVERY
Unimpressed by this display of spending
malfeasance and mismanagement, Congress
declined to offer further funds for state
exchanges. The entire system continues to
drive up healthcare costs and healthcare
complexities. It is time to stop wasting
Americans money on a failed policy.
30
CONFERENCE: Spending
TEAM: Centers for Medicare and Medicaid Services
FUMBLE: $30,000 per year, per fake enrollee
HOW TO RECOVER THE BALL: Cooperation with congressional investigators, corrective
guidance and regulations, and/or legislation
RECOVERY
31
CONFERENCE: Spending
TEAM: National Science Foundation
FUMBLE: $1.2 million for a robotic dresser
HOW TO RECOVER THE BALL: Require a thorough disclosure and transparency process for
federal grants to ensure funding focuses on items of national interest
RECOVERY
32
CONFERENCE: Regulation
TEAM: Securities and Exchange Commission
FUMBLE: $3 to 4 billion cost in the first year for mineral tracking
HOW TO RECOVER THE BALL: Congress should re-address conflict minerals
RECOVERY
33
CONFERENCE: Regulation
TEAM: Department of Transportation
FUMBLE: Broad highway regulations threaten Times Square billboards
HOW TO RECOVER THE BALL: Regulators need to calculate the unintended consequences of
their regulations prior to implementation
RECOVERY
34
CONFERENCE: Spending
TEAM: Bureau of Land Management
FUMBLE: $67.9 million for wild horse management
HOW TO RECOVER THE BALL: Transfer the management and care of the wild horse and
burro populations to private entities
these wild animals protected status and
mandated BLM and the Forest Service to
manage, protect, and control WHBs on public
lands.94
To comply with the law, BLM must conduct an
annual census of WHBs roaming the 179 Herd
Management Areas in the Westa vast area of
26.9 million acres. BLM must also determine
the number of animals the managed areas can
reasonably sustain. In March 2015 for example,
an estimated 58,150 WHBs roamed ranges able
to tolerate just 26,715. Every year the
population of animals exceeds what the land
can handle, and some of the surplus WHBs are
rounded up and removed to off-range pastures
and corrals, such as the holding facility in Pauls
Valley, OK. Once in these facilities, the animals
are available for sale or adoption, but the
number of willing adopters of wild horses falls
short of the number of horses in excess.
Animals that are passed up for adoption three
times are transferred to long-term, off-range
contract facilities, 20 of which are in Oklahoma.
RECOVERY
Of course Americans believe in protecting all of
Gods creatures, but people come first. The U.S.
should stop paying to care for and feed wild
animals and allow humane, private-sector
solutions to manage the WHB population.
Or alternatively give every American child a
free pony on his or her 8th birthday (feed and
saddle not included).
36
CONFERENCE: Spending
TEAM: National Science Foundation
FUMBLE: $406,419 for a political polarization grant
HOW TO RECOVER THE BALL: Redirect political science funds toward studies of higher
economic and national security merit
RECOVERY
NSF reports that it is only able to fund a fraction
of the 50,000 research proposals it receives
every year.101 NSF undertakes
brilliant
research that benefits all American families.
Congress should make sure taxpayer dollars
are directed toward transformative research.
Leave existential political persuasion questions
to the talking heads.
37
CONFERENCE: Spending
TEAM: National Science Foundation
FUMBLE: $50,000 for random casino numbers
HOW TO RECOVER THE BALL: Congress should work with NSF to ensure grants are not
provided to advance research that private industries can complete
RECOVERY
38
LEATHERNECK LEFTOVERS
QUICK STATS
X
X
O
O
CONFERENCE: Spending
TEAM: Department of Defense
FUMBLE: $36 million for an empty command center
HOW TO RECOVER THE BALL: Require DOD to submit reports on all completed facility
construction at the one-, three-, and five-year marks to certify the facilitys use compared to
the original construction justification
RECOVERY
39
CONFERENCE: Spending
TEAM: Fish and Wildlife Service
FUMBLE: $30,000 for American Burying Beetle credits
HOW TO RECOVER THE BALL: Remove the American Burying Beetle from the endangered species list
to avoid unnecessary spending on efforts to protect their habitat
RECOVERY
40
CONFERENCE: Spending
TEAM: Department of the Interior
FUMBLE: Failure to adequately meet trust responsibilities to Indians
RECOVERY: Through in-depth consultation with Tribes and American Indians, Congress should
ensure federal trust responsibilities are met
Education
BIE within DOI has an FY 2015 budget of
$810.531 million.108 BIE is responsible for the
funding of 183 elementary and secondary
schools, 54 of which are directly operated by
BIE.109 BIE also operates two post-secondary
institutions. All of the schools are on or near
Tribal reservations. To be clear: BIE does focus
almost exclusively on students who are not in a
public school system. The only exception is the
Johnson OMalley program, which provides
funding for Indian students in public schools.110
41
42
For more information on federal funding for tribes and American Indians, please visit:
DOI: FY2016 Federal Funding for Programs Serving tribes and Native American Communities
DOI: Budget Justifications and Performance Information Fiscal Year 2016 Indian Affairs
HUD: Congressional Justifications FY2016
Department of Education: Indian Education Fiscal Year 2016 Budget Request
DOL: FY2016 Budget in Brief
DOJ: FY2016 DOJ Request State, Local, and Tribal Law Enforcement Assistance
DOT: FHWA FY2016 Budget
For more information, please visit:
GAO Report: Indian Affairs: Bureau of Indian Education Needs to Improve Oversight of School Spending
GAO Testimony: Further Actions on GAO Recommendations Needed to Address Systemic Management Challenges with
Indian Education
GAO Testimony: Further Actions on GAO Recommendations Needed to Address Systemic Management Challenges with
Indian Education
GAO Report: Indian Energy Development: Poor Management by BIA Has Hindered Energy Development on Indian Lands
The New York Times: Higher Crime, Fewer Charges on Indian Land
43
CONFERENCE: Spending
TEAM: National Park Service
FUMBLE: $65,473 to demonstrate what happens to bugs when the lights go out
HOW TO RECOVER THE BALL: Direct NPS to be more responsible with spending; only
request grant funding when national interests will be advanced
RECOVERY
Congress needs to clearly direct NPS, and all
federal agencies for that matter, to be more
responsible with federal spending and only
spend when the national interest is advanced.
Before requesting such a large grant, the NPS
should utilize common-sense knowledge and
perform a cost-benefit analysis of the necessity
for such spending. It seems the more
appropriate place to start would be to
determine whether additional lighting is
necessary and, if not, how that will impact
future national park attendance by families, not
insects.
Photo: Shutterstock
44
RECOVERY
45
CONFERENCE: Spending
TEAM: Internal Revenue Service
FUMBLE: Billions of dollars in tax credits for non-existent biofuels
HOW TO RECOVER THE BALL: Eliminate the incentive for a fuel the market cannot provide
RECOVERY
46
CONFERENCE: Regulation
TEAM: Government-wide
FUMBLE: Accountability by Executive Order, not by law
HOW TO RECOVER THE BALL: Enhance agency accountability by codifying Executive Orders
12866 and 13563
RECOVERY
47
CONFERENCE: Regulation
TEAM: Army Corps of Engineers and other agencies
FUMBLE: Duplicative, costly federal permits
HOW TO RECOVER THE BALL: Pass the Federal Permitting Improvement Act
RECOVERY
48
CONFERENCE: Spending
TEAM: Agency for International Development
FUMBLE: $7.7 million for an industrial park
HOW TO RECOVER THE BALL: Require federal agencies to monitor spending projects to
ensure they have the desired effect
Photo: SIGAR
RECOVERY
It is reasonable for hard-working American
taxpayers to expect their government to
properly spend money. Congress must do
better to exercise its oversight responsibilities
to ensure that USAID and all federal agencies
utilize tax dollars responsibly. Congress should
require USAID to put in place reasonable
guideposts to measure the success of all
spending projects. This would include
monitoring
support
and
economic
development grants to ensure that the funds
have had the desired effect.
49
CONFERENCE: Spending
TEAM: Department of Veterans Affairs
FUMBLE: $8 million VA solar boondoggle
HOW TO RECOVER THE BALL: For spending on infrastructure projects, the return on
investment should be less than ten years
The VA facility in Little Rock, AR, moved neverused solar panels to new heightson top of a
parking structure. In April 2015 only two years
after completion and at a cost of $8 million149
from a federal government grant, the hostpial
tore down its never-used solar panels. The
1,400 inactive solar panels were taken down to
make room for a new parking garage that was
approved after the solar panels were
installed.150
RECOVERY
50
CONFERENCE: Spending
TEAM: Department of Defense
FUMBLE: $25 million
HOW TO RECOVER THE BALL: DODs medical research should focus on injuries or illnesses
directly related to defense activities
RECOVERY
51
CONFERENCE: Spending
TEAM: Federal Communications Commission
FUMBLE: Failure to ensure program requirements meet population and geographic realities
HOW TO RECOVER THE BALL: Implement stricter requirements and oversight for subsidy
qualifications
RECOVERY
The Commission should clearly define Tribal
membership and designated underserved
areas. Individuals who seek the Tribal subsidy
should
provide
proof
of
Tribal
citizenship/membership or residency in
designated underserved areas within Tribal
boundaries. The additional aid should be
reserved for the truly underserved
52
RECOVERY
53
CONFERENCE: Regulation
TEAM: Government-wide
FUMBLE: Burdensome mandates on governments and private entities
HOW TO RECOVER THE BALL: Create a more transparent process for congressional consideration of
legislation and agency rulemaking through the passage of the Unfunded Mandates Information and
Transparency Act
RECOVERY
The Unfunded Mandates Information and
Transparency Act of 2015, introduced earlier this
year by Senator Deb Fischer (NE) in the U.S. Senate
and Rep. Virginia Foxx (NC) in the House, seeks to
build on previous legislation to hold the federal
government accountable for the mandates it
imposes.168 Congress should quickly pass this bill
to protect American families from the higher costs
and taxes as states, counties, cities, Tribes, and
businesses enforce the unfunded mandates.
54
INTERNATIONAL MARINE
TURTLES OF MYSTERY
QUICK STATS
X
X
O
O
CONFERENCE: Spending
TEAM: Environmental Protection Agency
FUMBLE: $59 million spent over four years on international conservation
HOW TO RECOVER THE BALL: Leverage private efforts, where they exist, on conservation,
instead of investing taxpayer dollars
RECOVERY
Responsible
species
conservation
and
stewardship of the land is an admirable and
accomplishable goal. However, the fund
received nearly $89 million from private
partners from 2008-2012.171 Congress should
stop funding this international conservation
program, which is more than capable of raising
funds on its own. An admirable goal does not
make it a national interest. With an almost $19
trillion national debt, this program cannot be
justified.
55
CONFERENCE: Spending
TEAM: Social Security Administration
FUMBLE: $5.7 billion
HOW TO RECOVER THE BALL: Pass H.R. 918, the Social Security Disability Insurance and
Unemployment Benefits Double Dip Elimination Act of 2015
RECOVERY
56
Photo: Shutterstock
RECOVERY
58
CONFERENCE: Spending
TEAM: U.S. Agency for International Development
FUMBLE: $37.5 million
RECOVERY: USAID should support programs that advance national interests
RECOVERY
59
CONFERENCE: Spending
TEAM: Department of State
FUMBLE: $250,000 to Moroccan biodiversity
HOW TO RECOVER THE BALL: Establish legislative restrictions to the types of grants federal
agencies can fund so appropriations benefit the American interest
RECOVERY
60
CONFERENCE: Regulation
TEAM: Federal Communications Commission
FUMBLE: Not treating all public television stations the same
HOW TO RECOVER THE BALL: FCC should provide equal treatment to all stations
RECOVERY
61
SOLAR BEER
QUICK STATS
X
X
O
O
CONFERENCE: Spending
TEAM: Department of Agriculture
FUMBLE: $35,000
HOW TO RECOVER THE BALL: Rural Energy Program grants should assist agriculturerelated projects, not breweries
RECOVERY
While federally supported beer production may
sound reasonable to a few, it is simply not in the
national interest. Congress needs to work with
the USDA to ensure it remains focused on
agriculture.
62
REGULATORY OVERTIME
QUICK STATS
X
X
O
O
CONFERENCE: Regulation
TEAM: Department of Labor
FUMBLE: $1.3 billion per year in lost productivity
HOW TO RECOVER THE BALL: No funds should be issued to implement the regulation
RECOVERY
While the rule is not yet finalized, in upcoming
appropriations bill Congress could still act to
withhold funds for implementation, which
would have the effect of preventing the
enforcement of the rule. Revoking funds will
protect employees and employers from the
adverse effects of the proposal.
63
CONFERENCE: Spending
TEAM: Department of Transportation
FUMBLE: $263 million to fund the Essential Air Service
HOW TO RECOVER THE BALL: Eliminate the program
RECOVERY
64
CONFERENCE: Spending
TEAM: Federal Protective Service
FUMBLE: $2.5 million mismanagement of vehicle fleet
HOW TO RECOVER THE BALL: Institute greater oversight and cost reductions for the federal
vehicle fleet
RECOVERY
Administrative and legislative efforts are
necessary to address ballooning vehicle
expenditures. One potential solution would be
the enactment of S. 427, the Drive Less Act
introduced by Senator Jeanne Shaheen (NH).
The bill seeks to reduce the federal fleet by 20
percent and save the taxpayers $5.6 billion over
ten years.215 This is an important area for
Congress to pick up the ball. Hard-working
American families pay their taxes each year so
their government can properly serve them and
not buy vehicles by the truck load.
65
CROSS-CULTURAL RAISINS
QUICK STATS
X
X
O
O
CONFERENCE: Spending
TEAM: Department of Agriculture
FUMBLE: $200 million annually
HOW TO RECOVER THE BALL: Eliminate the Market Access Program
Photo: Shutterstock
RECOVERY
Federal subsidies for advertising costs total
more than $38 million. The federal policy of
artificially limiting supply to boost prices is
contradictory public policy that costs American
families more at the grocery store and on their
taxes. The federal policy to support artificially
elevated raisin prices was eliminated by the
Supreme Court. It is now time for Congress to
take the next step and remove federal support
for private marketing endeavors for select
industries and companies by ending the MAP.
67
CONFERENCE: Spending
TEAM: Internal Revenue Service
FUMBLE: $76 million for a two-year extension of a coal production tax credit
HOW TO RECOVER THE BALL: Sunset the production tax credit and eliminate unnecessary
regulatory burdens to economic development in Indian coal country
RECOVERY
Finding sustainable ways to grow the economy
is critical for the next generation, especially in
Indian Country in light of its historically high
unemployment rate. Congress should work
with Tribes to either allow them to develop
their own regulatory process or at least ensure
federal regulations enforced in Indian Country
are no more stringent than in surrounding
areas. This will allow increased energy
production and more employment in Tribal
areas and also save some of the tax money paid
by hard-working American families.
68
CONFERENCE: Spending
TEAM: National Park Service
FUMBLE: $5,000 documentary on Master Fiddler Roger Howell
HOW TO RECOVER THE BALL: Increase oversight of the grant process
about Madison County Master Fiddler Roger
Howell.227
The grant was funded through the Blue Ridge
National Heritage Area, part of the NPS National
Heritage Partnership Programs. In 2003
Congress designated the Blue Ridge National
Heritage area in recognition of the unique
character, culture, and natural beauty of the
Blue Ridge Mountains and foothills in Western
North Carolina. This legislation also formed a
non-profit to oversee the federal funding,
develop partnerships in the region, fundraise,
and implement projects.228
RECOVERY
A $5,000 grant, which is $500 greater than the
monthly income of the average American
family, does not compare to the billions of
dollars of frivolous spending by the federal
government each year.229 However, it is not the
federal governments job to increase local
tourism. With all due respect to Mr. Howell and
his accomplishments, a documentary about a
North Carolina fiddler does not benefit the U.S.
national interest or the American public. There
are surely interested people in North Carolina
or fans of Mr. Howell who could have financed
the documentary instead.
69
DRUG DEALS
QUICK STATS
X
X
O
O
CONFERENCE: Spending
TEAM: Departments of Defense & Veterans Affairs
FUMBLE: $100 million annual drug deal for VA and DOD
HOW TO RECOVER THE BALL: Congress should align the structure, statutory parameters,
and regulatory guidance across the VA and DOD prescription-buying programs to increase
buying power and reduce costs
RECOVERY
70
CONFERENCE: Spending
TEAM: Department of Housing and Urban Development
FUMBLE: $104.4 million in 2015
HOW TO RECOVER THE BALL: HUD should help local housing authorities relocate overincome tenants
RECOVERY
Public housing is designed to be a temporary
place for individuals who need help. When
individuals and families remain in taxpayerfunded housing after they get back on their feet,
they prevent those in need from receiving help
and take advantage of their fellow citizens. HUD
should clarify the steps local housing
authorities need to take to relocate overincome families. HUD recently walked back its
initial objections to the IGs findings, but HUD
can still do more to prevent waste and
mismanagement. Rep. David Jolly (FL)
indicated HUD should provide local authorities
with guidance, or Congress should change the
1998 Quality Housing and Work Responsibility
Act to help over-income tenants move out of
public housing to make the space available for
Americans who truly need the benefit.235 This is
a good first step, and Congress should
immediately consider it to help solve this
problem.
71
CONFERENCE: Spending
TEAM: Departments of State and Health and Human Services
FUMBLE: $2+ billion for 28 patients
HOW TO RECOVER THE BALL: Return excess emergency spending
RECOVERY
Rather than aimless and reactionary, American
foreign aid needs to be strategic and solutionsoriented. While there is some irony in telling
Congress to not move too quickly, the knee-jerk
response to every crisis causes overreaction.
Since the crisis itself has diminished, the money
should be returned to the U.S. Treasury since it
is no longer needed for its intended purpose.
Ebola emergency funds were all borrowed
funds. Americans should always be there to
help those in need, but the federal government
should not waste money.
72
CONFERENCE: Spending
TEAM: Agency for International Development
FUMBLE: $335 Million of wasted power
HOW TO RECOVER THE BALL: Before beginning an infrastructure project, agencies should
conduct a feasibility study and ensure the project can be used for its intended purpose
Photo: SIGAR
RECOVERY
74
CONFERENCE: Spending
TEAM: National Science Foundation
FUMBLE: $149,000
HOW TO RECOVER THE BALL: Raise the standard for meritorious grant proposals and steer
more political science funds toward transformative grants
RECOVERY
75
CONFERENCE: Spending
TEAM: Congress
FUMBLE: Using funding for crime victims as a budget gimmick
HOW TO RECOVER THE BALL: Do not take money out of the CVF to pay for other areas of the
federal budget
RECOVERY
Congress should stop trying to trick the
American people through dishonest budgetary
practices. The CVF should be used to support
victims of crime without being raided annually
to cover spending somewhere else.
76
CONFERENCE: Spending
TEAM: National Science Foundation
FUMBLE: $374,087 senior adult dating study
HOW TO RECOVER THE BALL: Require a thorough disclosure and transparency process for
federal grants to ensure funding focuses on items of national interest
research, which predominantly centers
around the actions of senior adults, will cost
taxpayers nearly $375,000.255
The study began in the summer of 2015, and
completion is estimated for late spring of 2018.
That is three years of playing date-doctor with
the unclear objective of obtaining a more
comprehensive understanding of relationship
maintenance efforts.256
RECOVERY
Photo: Shutterstock
77
CONFERENCE: Regulation
TEAM: All agencies
FUMBLE: Outdated guidance documents from federal agencies
HOW TO RECOVER THE BALL: Conduct regular guidance spring cleanings
In 2015 GAO found that 11 of the 25 subagencies it reviewed did not regularly evaluate
whether issued guidance was effective and
accurate. In one example DOLs Office of
Federal Contract Compliance Programs
conducted a two-year review of its existing
guidance directives. After reviewing guidance
documents in 2012 and 2013, officials
discovered more than 85 percent of the offices
guidance documents were unnecessary or
outdated.257 While this effort is commendable,
it begs the question: how many other agencies
have outdated or conflicting guidance on their
websites?
RECOVERY
Federal agencies must do a better job to ensure
their guidance documents are up-to-date and
easy to find and meet the needs of regulated
parties. On November 17, 2015, the Senate
passed two joint resolutions of disapproval
with bipartisan support that would prevent the
EPA from enforcing the CPP.258 By conducting
guidance spring cleanings like the Office of
Federal Contract Compliance Programs, federal
agencies can avoid confusion and make it easier
for small businesses and other affected entities
to comply with federal mandates.259
78
CONFERENCE: Regulation
TEAM: Environmental Protection Agency
FUMBLE: $8.4 billion regulation to re-engineer the U.S. energy policy
HOW TO RECOVER THE BALL: Revoke this rule and develop all-of-the-above energy policies
to support American jobs
RECOVERY
79
CONFERENCE: Spending
TEAM: Department of State
FUMBLE: $5.75 million
RECOVERY: U.S. spending abroad should advance American national interests
RECOVERY
80
CONFERENCE: Spending
TEAM: Amtrak
FUMBLE: Millions of dollars to subsidize Amtraks food and beverage service
HOW TO RECOVER THE BALL: Assess the source of financial losses and revise the food and
beverage service model to meet the needs of Amtraks customers
service not be provided at a loss,275 the
company has yet to adjust the service level on
these routes to meet rider demands. Amtrak
also continues to staff at regular levels during
seasons when ridership is traditionally low.
Moreover, food and beverage staff are required
to report to work one to five hours before
departure time despite staff not needing that
amount of time to perform required duties
prior to leaving. All of this suggests that Amtrak
does not fully understand its staffing needs,
which leads to taxpayers unnecessarily picking
up the tab for riders meals.
Photo: Twitter
RECOVERY
This train will continue down a track plagued
by fiscal woes as long as subsidies prevent
accountability for losses. In government
reducing losses from $105.2 million to $72
million is unfortunately a step in the right
direction. In business it is a step toward
bankruptcy. Congress should work with
Amtrak to require it to operate like a business.
Business owners around the nation know that
if they lose enough money, they will go out of
business. Amtrak has unfortunately relied on
federal funding so long that it has not moved
quickly enough to correct its operations.
Americans do not subsidize the food served on
planes and should not subsidize the food on
trains.
81
TAXPAYER-FUNDED
PROPAGANDA MACHINES
QUICK STATS
X
X
O
O
CONFERENCE: Spending
TEAM: Department of State
FUMBLE: $5 million Twitter account
HOW TO RECOVER THE BALL: Require metrics for CSCC initiatives
project tweets to dissuade would-be terrorists
from joining the jihadi movement.
Is a $5 million taxpayer-subsidized Twitter
account with no way to measure success a good
investment for U.S. taxpayers? It is reasonable
for American taxpayers, who fund this
expensive social media project, to expect there
to be metrics on what the mission is, how to
define success, and who the target audience is.
It is not unreasonable for State to tweet the
facts about global terrorism or to work to get
the truth out about the murderous thugs of ISIL.
There are millions of reasons to turn away
from terrorism, but should it really cost
millions of dollars to tweet about them?
Photo: Screen shot of Twitter
RECOVERY
Congress should require better metrics, or
simply metrics at all, for CSCCs initiatives. This
project could be beneficial, but it is up to CSCC
to prove it. Tax dollars from hard-working
American families should be doled out with a
reasonable expectation for how the funds will
be used. American families put thought and
planning into how they spend money. Congress
should ensure
federal agencies and
departments do the same.
82
CONFERENCE: Spending
TEAM: Social Security Administration
FUMBLE: Failure to maintain accurate death records means billions in fraud
HOW TO RECOVER THE BALL: Pass legislation that requires agencies to ensure all numberholder data is accurate and regularly updated
RECOVERY
84
CONFERENCE: Spending
TEAM: Government-wide
FUMBLE: End-of-year spending binge
HOW TO RECOVER THE BALL: Pass timely appropriations bills and test rollover authority
through a pilot program
RECOVERY
86
THE HYDROLOGY OF
HYDRAULIC FRACTURING
QUICK STATS
X
X
O
O
CONFERENCE: Regulatory/Spending
TEAM: Environmental Protection Agency
FUMBLE: $29.1 million to duplicate existing research on hydraulic fracturing
HOW TO RECOVER THE BALL: Examine existing research prior to undertaking new research
to prevent duplication
RECOVERY
87
CONFERENCE: Spending
TEAM: Internal Revenue Service
FUMBLE: Failing to adequately check tax returns
HOW TO RECOVER THE BALL: Collect college enrollment data in a timely fashion that
correlates with tax refunds
RECOVERY
88
CONFERENCE: Spending
TEAM: Internal Revenue Service
FUMBLE: $17.7 billion in improper tax credits
HOW TO RECOVER THE BALL: Clarify existing EITC requirements and update the processing
system
RECOVERY
Congress should explore options to clarify and
simplify the qualifications for claiming a
child. Additionally Congress should consider
89
GAO: Paid Tax Return Preparers: In a Limited Study, Preparers Made Significant Errors
90
CONFERENCE: Regulation
TEAM: Internal Revenue Service
FUMBLE: $30 billion in regulatory compliance costs
HOW TO RECOVER THE BALL: Pass the Forty Hours is Full Time Act of 2015
RECOVERY
91
SOLAR BURN
QUICK STATS
X
X
O
O
CONFERENCE: Spending
TEAM: Department of Energy
FUMBLE: $5 billion in solar subsidies
HOW TO RECOVER THE BALL: Eliminate subsidies that interfere with market choice for
winning and losing technologies
mix. As recently as 2014 solar energy only
approached one percent of total American
electricity generation.308
Hopefully solar power will one day be a
significant contributor to Americas base
power, but it still remains a small supplemental
energy source. In 1979, President Jimmy Carter
called for the creation of a solar bank to
achieve his goal of 20 percent of American
energy coming from solar power by the year
2000.309 More than three decades later, the
federal government still creates incentives and
subsidies for solar power. With multiple failed
solar companies across the nation, it is
important to distinguish when jobs are
created using federal subsidies and when
they are created by market demand and
efficiency.
Photo: Shutterstock
RECOVERY
92
CONFERENCE: Spending
TEAM: Federal Emergency Management Agency
FUMBLE: $247 million+ in underutilized technology system
HOW TO RECOVER THE BALL: Exercise congressional oversight to ensure FEMA fully
implements funding and their internal procedures to improve efficiency
Americans are sadly too familiar with weatherrelated tragedies. In neighborhoods all across
the nation, tornadoes, floods, or earthquakes
have destroyed homes and priceless
belongings. In many cases shortly after
humanitarian support arrives, so does FEMA
with a check to help cover the cost of the
damage. For those in immediate need, it is quite
a reliefuntil several months later when they
receive letters requesting the money be
returned because FEMA realized those
individuals did not qualify for funds in the first
place.
RECOVERY
93
NUCLEAR WASTE
QUICK STATS
X
X
O
O
CONFERENCE: Spending
TEAM: Department of Energy
FUMBLE: Poor contract oversight leading to billions of dollars in cost overruns
HOW TO RECOVER THE BALL: Require the DOE to assess what causes projects to run
significantly over time and over budget to prevent future runaway spending
RECOVERY
When American families start projects, like
remodeling their homes they likely start by
ensuring their plans fit within their budget. If
part of the project starts to cost too much and
goes over budget, the family will likely
reconsider the project or stop. Congress should
help DOE undertake a similar review of its
projects to find why cost estimates and
timelines have been so badly forecast. Going
forward DOE should also ensure it fully
analyzes projects to accurately predict costs
and times for completion.
94
ADVISING ADVISORS
QUICK STATS
X
X
O
O
CONFERENCE: Regulation
TEAM: Department of Labor
FUMBLE: $2.4 - $5.7 billion over ten years317
HOW TO RECOVER THE BALL: Withdraw the rule; work with Congress to address changes, if
needed
RECOVERY
95
CONFERENCE: Spending
TEAM: National Science Foundation
FUMBLE: $50,000 snail card game
HOW TO RECOVER THE BALL: Withdraw the rule; work with Congress to address changes, if
needed
RECOVERY
96
RECOVERY
Congress
should
work
with
the
Administration to tighten the foreign affairs
exemption to ensure that necessary leeway
remains when making foreign policy decisions
and that rules that change decades of U.S.
policy are created with public input. The
President cannot just create a new policy that
allows him to make any change in any
regulation as long as he says it is for foreign
affairs.
97
CONFERENCE: Spending
TEAM: Internal Revenue Service
FUMBLE: $40 million
HOW TO RECOVER THE BALL: Eliminate the national historic tax credit
to restore this magnificent building to even
well beyond its original grandeur.331
The
taxpayer-funded
partnership
to
subisidize the development of old buildings is
made possible by the National Historic Tax
Credit. The credit allows an investor to claim
20 percent of rehabilitation costs for certified
historic structures (or structures in historic
districts) and ten percent of rehabilitation
costs for buildings built prior to 1936.332 The
tax credit has repeatedly been used to offset
the massive price tags for megaprojectslike
Bostons Fenway Park ($40 million) and a
resort on Millionaires Row in Miami, FL ($60
million)that do not need the help of the
American people 333
Photo: Shutterstock
RECOVERY
The National Historic Tax Credit is
duplicative, untargeted, costly, and distortive.
The credit also costs about $1 billion per year
in lost revenue.338 Eliminating the tax break
would not prevent states and localities from
implementing, maintaining, or expanding
99
CONFERENCE: Spending
TEAM: National Park Service
FUMBLE: $287,000 annually to support the Route 66 Preservation Program
HOW TO RECOVER THE BALL: Eliminate the Route 66 Preservation Program
restoration of restaurants, motels, gas stations
and neon signs, as well as for planning,
research, and educational initiatives.342 While
this program represents a drop in the bucket
compared to the massive shortfalls cited above,
it does highlight Congresss inability to learn
lessons many parents work to teach their
children: the difference between wants and
needs.
In 1999 the Route 66 Preservation Program
began as a temporary, ten-year grant program
to help jumpstart preservation efforts on Route
66. Since 2001, more than 100 grants have been
issued for projects along the iconic Route 66
corridor. Federal backing of the program was
originally scheduled to terminate in 2009 and
transition to a non-federal entity. However, in
2008 the once-temporary program was
extended for an additional 10 years, protecting
it and its low-priority spending through 2019.
Photo: Shutterstock
RECOVERY
101
CONFERENCE: Regulation
TEAM: Securities and Exchange Commission
FUMBLE: $315 Million to enact the Pay Ratio Disclosure rule
HOW TO RECOVER THE BALL: Pass regulatory reform legislation that eliminates
unnecessary burdens from the backs of Americas businesses
RECOVERY
102
CONFERENCE: Spending
TEAM: Internal Revenue Service
FUMBLE: More than $5 billion in fraudulent refunds
HOW TO RECOVER THE BALL: Implement accelerated W-2s and identity verification processes
RECOVERY
103
RECOVERY
104
CONFERENCE: Regulation
TEAM: Department of Housing and Urban Development
FUMBLE: Federal planning for local communities
HOW TO RECOVER THE BALL: Allow families to decide where to raise their children
RECOVERY
105
CO-OP COLLAPSE
QUICK STATS
X
X
O
O
CONFERENCE: Spending
TEAM: Department of Health and Human Services
FUMBLE: $2.4 billion for Obamacare Co-Ops
HOW TO RECOVER THE BALL: Recover lost dollars; no more funds for failed co-op programs
RECOVERY
106
CONFERENCE: Spending
TEAM: Department of Justice
FUMBLE: Duplicative bulletproof vest programs
HOW TO RECOVER THE BALL: Streamline federal programs to reduce overhead and
administrative costs to the programs, allowing more federal funds to be used for bulletproof
vests instead of bureaucracy
RECOVERY
107
CONFERENCE: Spending
TEAM: National Park Service
FUMBLE: Mismanaging current assets and spending millions acquiring more
HOW TO RECOVER THE BALL: Addressing current maintenance backlog with LWCF funds
RECOVERY
109
CONFERENCE: Spending
TEAM: Government-wide
FUMBLE: $1.67 billion to manage 77,700 unused or under-utilized properties
HOW TO RECOVER THE BALL: Streamline disposal processes and improve accuracy and
accessibility of federal real property database
selling property is hindered by statutory
disposal requirements, the cost of preparing
properties for disposal, conflicts with
stakeholders, and a lack of accurate data.379
Federal real property management has been on
GAOs high-risk list since 2003.380
The process for disposing of properties is also
further complicated by the McKinney-Vento
Homeless Assistance Act, which requires
agencies to submit a list of excess properties to
HUD for a review of whether properties are
suitable for use as homeless assistance facilities
before they can be sold. A GAO investigation
found that many private or non-profit agencies
will not use federal properties because they are
not practical as homeless assistance centers,
but the requirement remains.381 One glaring
example of this problem is that DOI is required
to report to HUD on numerous small, remotely
located properties in national parks that it
decided to eliminate, even if the properties are
not accessible by road and only seasonably
accessible by water.382 Overall, only 122
properties of the 40,000 screened have been
transferred for homeless assistance in the
programs 26-year history, with only 81 of
these properties currently in use for homeless
assistance.383 It takes years of work to sell even
one federal property in this painful process.
Photo: Shutterstock
RECOVERY
111
CONFERENCE: Regulation
TEAM: National Labor Relations Board
FUMBLE: Lost jobs; stunted economy; devastated small businesses
HOW TO RECOVER THE BALL: Pass the Protecting Local Business Opportunity Act, and rein in
the NLRB with greater oversight
Enter NLRB.
NLRB recently expanded the definition of joint
employer through a rule that says any indirect
and unexercised control also warrants
classification as a joint employer. That means that
all franchise employeeswhether local or
nationalwill be treated not as employees of the
local small business but of the corporate entity. As
a result, many more businesses will face a litany
of obligations and liabilities they did not expect or
want. In the words of dissenters of the decision,
the new and improved arbitrary definition has
the potential to subject countless entities to
unprecedented new joint-bargaining obligations
that most do not even know they have, to
potential liability for unfair labor practices and
breaches of collective bargaining agreements,
and to economic protest activity, including what
have heretofore been unlawful secondary strikes,
boycotts and picketing.385
RECOVERY
112
CONFERENCE: Spending
TEAM: Department of Agriculture
FUMBLE: $100 million in renewable energy research
HOW TO RECOVER THE BALL: Congress should stop forcing Americans to buy more of a product
they do not want
RECOVERY
Do
American
families,
farmers,
and
manufacturing industries really want more
options at the gas pump? Americans are already
offered environmentally friendly vehicle and
fuel options. Developing the infrastructure to
utilize and maintain those fuel options will cost
billions of dollars.
The RFS has been a regulatory disaster with
missed deadlines, increased fuel costs, and
confused consumers. Most vehicles on
Americas roads will void their warrenty if they
use more than E10 gasoline for fuel. But that has
not stopped EPA from trying to force them to
use it. Environmental groups have now rejected
increasing ethanol use because of the massive
water requirements and increased ozone
production. Congress should stop federal
mandates on fuel options and allow the market
to move low-cost energy to consumers. In many
regions of the U.S., ethanol is very affordable; in
some regions it is not affordable. The federal
government must stop forcing taxpayers to
subside ethanol everywhere.
113
RECOVERY
115
RECOVERY
Here is a new idea: EPA and FDA should work
together. All federal agencies should coordinate
inspections to save taxpayer money and relieve
our countrys laboratories of the burden of
additional, unnecessary inspections. American
scientists are best able to produce chemicals
that are safe for families when they do not have
to waste time and resources going through
duplicative federal inspections. If agencies
cannot accomplish this on their own, Congress
should design a process that easily allows
agencies to share information and ensure
activities do not directly overlap with the
actions of another agency.
116
CONFERENCE: Spending
TEAM: Congress
FUMBLE: Creating fake savings in federal spending
HOW TO RECOVER THE BALL: Congress should end the use of budget gimmicks
RECOVERY
117
CONFERENCE: Regulation
TEAM:Multiple agencies
FUMBLE: $895 billion by 2025
HOW TO RECOVER THE BALL: The Financial Regulatory Improvement Act
RECOVERY
118
CONFERENCE: Regulation
TEAM: Social Security Administration
FUMBLE: $1.2 Million
HOW TO RECOVER THE BALL: SSA should inspect what they expect
RECOVERY
119
MOTOR MANDATES
QUICK STATS
X
X
O
O
CONFERENCE: Regulation
TEAM: Environmental Protection Agency
FUMBLE: Requirement to blend biofuels into the gasoline supply
HOW TO RECOVER THE BALL: Eliminate regulations that drive up gasoline prices and risk
destroying car engines
RECOVERY
The original intent of the RFS was admirable: to
support American energy independence and
protect the environment. Now, ten years later,
foreign oil constitutes the lowest percentage of
total American oil consumption since 1985
because of new American energy discoveries.411 It
is time to do away with a mandate that fails to
meet its goals while imposing higher consumer
costs for families. Corn ethanol in small quantities
is an acceptable fuel, but why artificially increase
American use when it solves nothing?
120
WHY COMMUNICATION
MATTERS
QUICK STATS
X
X
O
O
CONFERENCE: Regulation
TEAM: All federal departments
FUMBLE: Agencies often fail to consult with public prior to issuance of regulations
HOW TO RECOVER THE BALL: Implement the Early Participation in Regulations Act.
Photo: Shutterstock
In general current law only requires notices of
proposed rulemaking, which insufficiently
capture the beginning of the rulemaking
process because agency staff frequently have
121
RECOVERY
122
OUT-OF-CONTROL OZONE
QUICK STATS
X CONFERENCE: Regulation
X TEAM: Environmental Protection Agency
O FUMBLE: Costly changes to the National Ambient Air Quality Standards for ground-level
ozone prior to full implementation of the previous standard
O HOW TO RECOVER THE BALL: Allow sufficient time to meet existing standards before
considering making them more stringent
In October 2015 EPA finalized a rule to lower
the National Ambient Air Quality Standards
(NAAQS) for ground-level ozone (the primary
component of smog) from the current 75 parts
per billion (ppb) standard to 70 ppb. This
seemingly small change comes with a high cost.
A conservative estimate provided by EPA
calculated the cost at $1.4 billion annually for
all states except California.414
Under current law EPA is required to reevaluate the ozone standard every five years,
and update it as appropriate. This timeline is
simply not long enough for areas to achieve
attainment and to truly assess whether the
existing standard is sufficient before EPA must
once again revisit the rule. Congress should
develop a better, long-term approach that will
provide stability for states and businesses. Until
that time Congress should stop EPA from
lowering the NAAQS standards to a level most
communities cannot attain.
RECOVERY
123
CONFERENCE: Regulation
TEAM: Office of Personnel Management
FUMBLE: Loss of personal data of 22 million federal employees
HOW TO RECOVER THE BALL: Protect passwords and increase cybersecurity
RECOVERY
125
TOUCHDOWN!
The purpose of this book is to highlight the work needed to make the federal government more
fiscally responsible and less burdensome on the American people. It is not intended to collect dust on
a shelf, sit in somenes email to wait for later, or just receive honorable mention in the history books.
It is truly a guide for next yearto guide us while we work through the federal budget, to encourage
federal oversight, and to remind those of us who work in the federal government that we must be
responsible servants of the people.
This book is also a way for the American people to judge their elected officials and their government.
We identified 100 problems. Over the next year, our charge is to find solutions to these problems and
prevent them from happening againto turn these fumbles into touchdowns, or examples of the
government getting the job done right. Next years edition of Federal Fumbles will have a list of these
touchdowns so American taxpayers can see the improvements made in their government.
Fortunately there are already a few examples from the last year or so where we found solutions to
waste and duplication in the federal government. Here are some examples:
Duplication has long been a problem in the federal government. Between 2011 and 2014,
GAO highlighted 1,100 duplicative federal programs that cost billions each year. These
reports have helped Congress and the Administration eliminate some duplicative programs
and save more than $10 billion. More work needs to be done.422
DOD has already made advancements in consolidating some medical services with the
creation of the Defense Health Agency in 2013. GAO had previously recommended DOD
realign medical services to remove duplication and unify the command structure. DOD
estimated at the time that the reforms would save $46.5 million a year. Way to go, DOD.423
One area of reform in which DOJ has found success is spending on conferences. In 2010 DOJ
spent around $92 million on 1,740 conferences or events. After DOJs IG recommended
reforms to bring these numbers down, in 2014 DOJ spent less than $20 million on 445
events. These numbers can always be lower, but DOJ has made progress. Well done.424
126
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283 Westwood, Sarah. Federal bureaucracies go on end-of-year spending sprees to avoid budget cuts. Washington
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284 Sinclair, Dean W. Changing the Culture of Wasteful Spending in the Federal Workforce, Testimony Before the
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285 Memorandum Report 15-12 Area Development Grant Applications and Approvals. Office of Inspector General of
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287 Tiemann, Mary and Adam Vann. Hydraulic Fracturing and Safe Drinking Water Act Regulatory Issues.
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288 Tiemann, Mary and Adam Vann. Hydraulic Fracturing and Safe Drinking Water Act Regulatory Issues.
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289 Office of Research and Development. Assessment of the Potential Impacts of Hydraulic Fracturing for Oil and Gas
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290 Billions of Dollars in Potentially Erroneous Education Credits Continue to be Claimed for Ineligible Students and
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291 Billions of Dollars in Potentially Erroneous Education Credits Continue to be Claimed for Ineligible Students and
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292 Billions of Dollars in Potentially Erroneous Education Credits Continue to be Claimed for Ineligible Students and
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293 Billions of Dollars in Potentially Erroneous Education Credits Continue to be Claimed for Ineligible Students and
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294 Billions of Dollars in Potentially Erroneous Education Credits Continue to be Claimed for Ineligible Students and
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295 Billions of Dollars in Potentially Erroneous Education Credits Continue to be Claimed for Ineligible Students and
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302 Holtz-Eakin, Douglas. How the Affordable Care Act and the Employer Mandate Impacts Employers: An Overview.
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305 Direct Federal Financial Interventions and Subsidies in Energy in Fiscal Year 2013. Energy Information
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306 Solar Market Insight Report 2013 Year in Review. Solar Energy Industry Association. March 2014.
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307 According to the solar trade association, Solar Energy Industry Association, one megawatt of solar energy can
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309 Solar Energy Remarks Announcing Administration Proposals. President Jimmy Carter. 20 June 1979.
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310 "LSCMS Logistics Supply Chain Management System." Federal Emergency Management Administration. 10 Nov.
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311 FEMAs Logistics Supply Chain Management System May Not be Effective During a Catastrophic Disaster.
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312 FEMAs Logistics Supply Chain Management System May Not be Effective During a Catastrophic Disaster.
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314 Holt, Mark and Mary Beth Nikitin. Mixed-Oxide Fuel Fabrication Plant and Plutonium Disposition: Management
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315 Mihm, J. Christopher. High-Risk Series: An Update. Government Accountability Office. February 2015. 218.
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317 Fiduciary Investment Advice. Department of Labor Employee Benefits Security Administration. 14 April 2015. 8.
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319 Bradford, Hazel. DOL moving forward on new fiduciary standard, Pensions & Investments. 24 August 2015.
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323 Small Business Innovation Research. Institute of Education Sciences. <http://ies.ed.gov/sbir/>
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329 Groundbreaking for Trump International Hotel, Washington, D.C. Press Release. 23 July 2014.
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332 Tax Incentives for Preserving Historic Properties. National Park Service. <http://www.nps.gov/tps/taxincentives.htm>.
333 Turner, Greg. Fenway Swings for $40M with Historic Designation. McClatchy-Tribune Business News. 8 Mar. 2012.
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356 Affirmatively Furthering Fair Housing. Federal Register. 16 July 2015. <http://www.gpo.gov/fdsys/pkg/FR2015-07-16/pdf/2015-17032.pdf>.
357 Housing Discrimination. Department of Housing and Human Development.
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358 Voters Say No to Government Role in Neighborhood Diversity, Rasmussen Reports. 25 June 2015.
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359 Affirmatively Furthering Fair Housing. Federal Register. 16 July 2015. <http://www.gpo.gov/fdsys/pkg/FR2015-07-16/pdf/2015-17032.pdf>.
360 H.R.1995 - Local Zoning and Property Rights Protection Act of 2015. Representative Paul Gosar. Introduced 23
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361 Levinson, Daniel. Actual enrollment and profitability was lower than projections made by the Consumer Operated
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363 Obamacare into 2016 showing more signs of failure. Senate Republican Policy Committee. 20 Oct. 2015.
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364 Goldstein, Amy. More than half of ACA co-ops now out of insurance marketplaces, The Washington Post. 3
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365 Fultonberg, Lorne. Oklahoma Obamacare premiums see 35 percent hike, KFOR. 29 Oct. 2015.
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371 National Park Service Fiscal Year 2016 Budget Justification. Department of the Interior, 2015. LASA-17.
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379 Hatch, Garrett. Disposal of Unneeded Federal Buildings: Legislative Proposals in the 112th Congress.
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380 Wise, David. Federal Buildings Fund: Improved Transparency and Long-Term Plan Needed to Clarify Capital
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385 Browning-Ferris Industries of California, Inc., d/b/a BFI Newby Island Recyclery, and FPR-II, LLC, d/b/a
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