[Senate Hearing 108-262] [From the U.S. Government Publishing Office] S. Hrg. 108-262 OVERSIGHT OF GAO: WHAT LIES AHEAD FOR CONGRESS' WATCHDOG? ======================================================================= HEARING before the COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE ONE HUNDRED EIGHTH CONGRESS FIRST SESSION __________ SEPTEMBER 16, 2003 __________ Printed for the use of the Committee on Governmental Affairs U.S. GOVERNMENT PRINTING OFFICE 90-235 WASHINGTON : 2004 _______________________________________________________________________ For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800, DC area (202) 512-1800 Fax: (202) 512-2250 Mail: stop SSOP, Washington, DC 20402-0001 COMMITTEE ON GOVERNMENTAL AFFAIRS SUSAN M. COLLINS, Maine, Chairman TED STEVENS, Alaska JOSEPH I. LIEBERMAN, Connecticut GEORGE V. VOINOVICH, Ohio CARL LEVIN, Michigan NORM COLEMAN, Minnesota DANIEL K. AKAKA, Hawaii ARLEN SPECTER, Pennsylvania RICHARD J. DURBIN, Illinois ROBERT F. BENNETT, Utah THOMAS R. CARPER, Delaware PETER G. FITZGERALD, Illinois MARK DAYTON, Minnesota JOHN E. SUNUNU, New Hampshire FRANK LAUTENBERG, New Jersey RICHARD C. SHELBY, Alabama MARK PRYOR, Arkansas Michael D. Bopp, Staff Director and Chief Counsel Bonnie Heald, Professional Staff Member Jennifer A. Hemingway, Professional Staff Member Joyce A. Rechtschaffen, Minority Staff Director and Counsel Lawrence B. Novey, Minority Counsel Amy B. Newhouse, Chief Clerk C O N T E N T S ------ Opening statements: Page Senator Collins.............................................. 1 Senator Voinovich............................................ 8 Senator Pryor................................................ 16 Senator Carper............................................... 17 Senator Lautenberg........................................... 28 Prepared statement: Senator Coleman.............................................. 33 WITNESSES Tuesday, September 16, 2003 Hon. David M. Walker, Comptroller General, U.S. General Accounting Office.............................................. 3 Maurice P. McTigue, Director, Government Accountability Project, Mercatus Center, George Mason University....................... 21 Alphabetical List of Witnesses McTigue, Maurice P.: Testimony.................................................... 21 Prepared Statement........................................... 120 Walker, Hon. David M.: Testimony.................................................... 3 Prepared Statement........................................... 34 Appendix GAO's Employee Advisory Council, prepared statement.............. 127 Post-hearing Questions for the Record submitted to Mr. Walker by Senator Fitzgerald............................................. 139 OVERSIGHT OF GAO: WHAT LIES AHEAD FOR CONGRESS' WATCHDOG? ---------- TUESDAY, SEPTEMBER 16, 2003 U.S. Senate, Committee on Governmental Affairs, Washington, DC. The Committee met, pursuant to notice, at 9:30 a.m., in room SD-342, Dirksen Senate Office Building, Hon. Susan M. Collins, Chairman of the Committee, presiding. Present: Senators Collins, Voinovich, Pryor, Carper, and Lautenberg. OPENING STATEMENT OF CHAIRMAN COLLINS Chairman Collins. The Committee will come to order. Good morning. For more than 80 years, the General Accounting Office has worked with Congress to make Federal agencies and programs more accountable. The GAO works for Congress, but its beneficiaries are the American people, who rightfully expect the Federal Government to spend their tax money carefully. The GAO has played the role of auditor, overseer, investigator, evaluator, and watchdog. Today, we consider the GAO itself by examining its work, the results it has achieved, and the challenges it faces. This morning's hearing on the GAO, the investigative arm of Congress, has two purposes. First, we want to examine the GAO's efforts to support Congress in meeting its constitutional responsibilities to help improve the performance and accountability of the Federal Government. Second, we will discuss legislation pending before this Committee that would provide the Comptroller General, who leads this important agency, with greater flexibility in allocating and enhancing its workforce. When it was first established in 1921, the General Accounting Office provided the services its name suggests. It examined the legality, propriety, and accuracy of government expenditures. GAO clerks checked vouchers and approvals and whether the items purchased were actually received. Over the years, the GAO's mission has expanded far beyond these bookkeeping functions. To better meet its broadened scope of responsibility, in the 1970's, the GAO added physical scientists, social scientists, computer professionals, and experts in fields such as health care, public policy, and information management to its staff of accountants. In 1998, David Walker, who will testify before us today, became the Nation's seventh Comptroller General. Under his leadership, the depth and breadth of the agency's work on behalf of Congress have continued to expand along with the myriad challenges that confront the Federal Government. GAO auditors, investigators, and analysts have helped Congress address broad, challenging areas, such as military transformation, restructured energy markets, private pensions, prescription drugs, homeland security, and postal reform. The Senate Governmental Affairs Committee, along with the House Government Reform Committee, has a uniquely close relationship with the GAO. Last year, for example, nearly one- third of the GAO's projects were completed for these two oversight committees. Currently, this Committee has made 32 work requests of the GAO that are either pending or already underway. We depend on the GAO to help identify waste, fraud, and abuse in government programs. We look to the GAO for recommendations on making Federal programs operate more efficiently and effectively for the American people, whose hard-earned tax dollars support their government. The GAO's expanded role in the Legislative Branch of government also poses many challenges, which Mr. Walker will discuss today, including the agency's human capital needs. The GAO is requesting additional personnel flexibilities in order to assure quality service to the Congress, to continue leading by example in the government, and to attract, retain, motivate, and reward a high-performing workforce. I am pleased to have joined Senator Voinovich in introducing the GAO Human Capital Reform Act of 2003, which would allow the GAO to reward employees based on their knowledge, skills, and performance. This proposal is part of a larger program to strengthen the management systems and capacity of the GAO. I commend the Comptroller General and his human capital team for working collaboratively with GAO employees during the development of the proposed reform. In developing its reforms, the GAO undertook an extensive, phased approach that involved developing a proposal that was vetted broadly both externally and internally, and then it made adjustments based on employee comments and concerns raised during the process. The GAO worked closely with its Employee Advisory Council, which represents a cross-section of the agency, to obtain the feedback necessary as part of a successful process. I want to commend the GAO for taking that approach, which contrasts with the approach that some other departments and agencies have taken. I think that is why GAO's system has been more successful. That kind of collaborative, inclusive approach has worked well. The GAO's past use of management flexibilities and continued efforts to build the infrastructure necessary to responsibly shape its organization should serve as a model for the rest of the Federal Government. The GAO has demonstrated well how to be responsive to the concerns of its employees. As agencies move forward in implementing various human capital reform initiatives they should carefully examine this fine example. Before I turn to our first witness today, I just want to say that I don't know how this Committee would be able to do its work without the invaluable assistance of the GAO. We rely on the GAO in so many areas, and the breadth of expertise that the GAO now brings to Federal projects requested by Congress is truly impressive. I am very pleased to welcome our first witness today, the Hon. David M. Walker, the Comptroller General of the United States. Mr. Walker has been a very valuable contributor to the Committee's work on a variety of issues. I am particularly grateful for his recent assistance with the Committee-passed version of the civilian personnel reform legislation for the Department of Defense. Today, we will benefit from a discussion of GAO's performance as a whole, and we will use this opportunity to build a legislative record on the legislation that Senator Voinovich and I have introduced. So, Mr. Walker, we welcome you and you may proceed with your testimony. TESTIMONY OF HON. DAVID M. WALKER,\1\ COMPTROLLER GENERAL, U.S. GENERAL ACCOUNTING OFFICE Mr. Walker. Thank you, Madam Chairman. It is a pleasure to be here. It has been almost 5 years since I became the seventh Comptroller General of the United States. Much has happened during that 5-year period of time and I look forward to providing an executive overview of what has happened, along with the changes, the challenges, and the opportunities that are before us. --------------------------------------------------------------------------- \1\ The prepared statement of Mr. Walker appears in the Appendix on page 34. --------------------------------------------------------------------------- I also would like to thank you and Senator Voinovich for your sponsorship of the GAO Human Capital Act of 2003. That is a critical piece of legislation and we are hopeful that the Congress can act on it this year. If I can, I would like for my entire statement to be inserted into the record and I will summarize now. Chairman Collins. Without objection. Mr. Walker. Thank you. When I came to GAO 5 years ago, I found an organization with a longstanding reputation, thousands of outstanding and dedicated public servants, and an organization that did many things right. At the same point in time, I found, like many organizations in the public sector, an organization that had not changed very much in a number of decades, who had gone through significant downsizing in the last several years and needed to reposition itself for the future in order to best serve the Congress, the country, and American citizens for the 21st Century. As a result, we embarked on nothing less than a fundamental transformation of the GAO, which has been ongoing now for about 4 years. I think we have accomplished a tremendous amount, but much remains to be done. As you pointed out, Senator Collins, the GAO is very different today than it was in 1921 in so many different ways, although we are still faithful to our responsibility to assure accountability for the American people. I have benefited from the positive efforts of all of my predecessors, six predecessors, but in particular, Elmer Staats and Chuck Bowsher, who made major contributions to the agency over a number of years and I am pleased and proud to have succeeded them and to lead GAO. We are in a situation now where I believe we need to lead by example in helping the Federal Government and the Congress determine how best to position itself for the 21st Century. This includes what the government should do, how the government should be organized, how the government should do business, and in some cases, who should do the government's business. And to do that, I believe very strongly that as the leading performance and accountability organization in the United States and arguably the world, we have a responsibility to lead by example. We have a responsibility to be as good or better than any other entity that we evaluate, audit or investigate. Not only do I think we can and we should, I think it adds to our credibility by doing so. That way, we are practicing what we preach, walking the talk, if you will. Over the last 4 years, we have taken a number of steps and we have adopted what I would call a strategic and balanced scorecard approach to transforming the agency. As you know, any organization has to have a strategic plan. If you don't have a strategic plan, any road is going to get you to an uncertain future. You may go nowhere fast. I found at GAO that in the past, we had a number of individual plans, but we really didn't have a strategic plan. So we worked with the Congress in a very participative, partnership-oriented fashion to, in the year 2000, issue our first truly strategic plan that has four main goals, a foundation based on our core values, and identifies certain key trends and challenges that face the United States and many other countries to help drive our work. We used that plan to reorganize and streamline GAO. We eliminated a layer of management. We didn't lay off any of those management officials or their support staff. We redeployed them. But we eliminated a layer of management, which makes us more economical, efficient, and effective. We consolidated from 35 teams to 13. We went from 16 field offices to 11. We redeployed resources horizontally and to focus externally with our clients, with our accountability partners, and with other good government organizations. The result of that has been profound and positive results. If you look at the first factor of the balanced scorecard approach, results, our financial benefits, as evidenced by either savings achieved or resources freed up for redeployment to other high priorities, have gone up from $19.7 billion in 1998 to $37.7 billion in 2002. That is an almost doubling. Our return on investment just for financial benefits alone has gone from $58 for every dollar invested in GAO to $88 for every dollar invested in GAO, and this doesn't count a whole range of other accomplishments as a result of adopting our recommendations that can't be measured in dollar terms. These deal with safety, security, and privacy issues, that can't be measured in dollar terms, but they are very important. And obviously, in the testimony, I have a number of other indicators. But results count. At the same point in time, we have tried to do a number of things with regard to our clients. We have had a continuous Congressional outreach effort. We sought feedback, first from this Committee, and then the House Government Reform Committee, on our testimonies and our products that we did for the Committee with very favorable outcome, over 90 percent positive ratings for both products as well as testimonies. We have now expanded that to other committees throughout the Congress. We would like the response rate to be a little bit higher, but the positive results are continuing. And so we are encouraged by that and we are going to try to do what we can to see if we can get the response rate a little bit higher. We have improved our timeliness. We are holding steady on 200-plus testimonies a year for Congress. That is important, because if Congress thinks that our work is important enough for us to testify at a hearing, that is a good sign. It is an interim measure, it is not an outcome, but as you know, Congress through appropriations, oversight, authorization, many times will end up having hearings, and to the extent that our employees or our work is a subject of hearings, it increases the likelihood that we will have positive outcomes down the road. And last but not least, one of the things that we have done to try to help our clients on the other side of the Hill is because of the anthrax events, we actually became the home for the U.S. House of Representatives for about 2 weeks back in 2001 and now we are one of several contingency sites. So we not only have to concern ourselves with the safety and security of our own employees and also those who we lease space to, namely the headquarters of the Army Corps of Engineers in our headquarters building, but we also have to be concerned with the potential safety and security of our clients in the event of a contingency. With regard to agencies, we have tried to employ a constructive approach with agencies, not just to point out what is wrong, but to acknowledge what is right, to benchmark them on progress, and to benchmark them against other agencies. I think this is a more constructive way to approach our role and we have had very positive results as a result of it. Last but certainly not least with regard to what we have done so far is our people. People, by far, are our most important asset. We are only as good as our people. We have arguably the most diverse, as to skills and knowledge, professional workforce of any entity, even in the private sector. And as I said previously, I am pleased and proud to lead them. We make people a top priority at GAO and we have led the way, I believe, in human capital reforms, both administratively and legislatively. That is part of what the bill is about today, is the next installment, which would be the third installment on our human capital reforms legislatively. But we also partner very much with our Employee Advisory Council and our employees to try to make a great agency even better. For example, every year, we ask our employees to fill out a confidential electronic survey asking them how we are doing, where we are making progress, and what is important to you. This past couple of months, we got the results back from the most recent survey. We had an 89 percent response rate on a voluntary survey, which is phenomenal. Two-thirds of GAO's employees wrote me a personal and confidential note, anywhere from two lines to two-and-a-half pages. I read every one of them during the first weekend that I had the information. Our positive results went up in 72 out of 83 areas. We are ahead of the Federal Government in 9 out of 11 areas and we are ahead of the private sector in all four benchmark areas. So we are making great progress, but we can always be better and we will continue to strive to do that. I know the Employee Advisory Council has a statement that they have prepared for the record and I appreciate your willingness to be able to insert it into the record at the appropriate time.\1\ --------------------------------------------------------------------------- \1\ The prepared statement of the GAO's Employee Advisory Council appears in the Appendix on page 127. --------------------------------------------------------------------------- Let me last say that as noted within the last 2 weeks, one of the areas where we have also made tremendous progress is information technology. Specifically, within the last 2 weeks, GAO was recognized as one of the top 100 CIO organizations in the United States, and that includes the private sector. So we are making real progress on leading by example, serving the Congress and serving the country. Now, what about challenges? There are several challenges which I will hit the highlights on. Details are in my testimony. Our challenges include continuing our transformation, and continuing to build on our positive results and to make sure that they are sustainable. Some of our special challenges include unfunded mandates. We are concerned about unfunded mandates. Many times, when you are successful, Congress wants you to do more. It is fine if Congress asks us to do certain reports as a part of the legislative process. That is fine. But when Congress wants to expand the scope of our authority and get us in new lines of business, we think it is important that somehow there will be funding for it. Otherwise, we are diluting our ability to do our primary mission. Second, sometimes Congress will end up passing pay raises without fully funding the pay raises. That is very difficult when 80 percent of your costs are people costs. You can eat that maybe in 1 year, but you cannot eat that on a recurring basis without adverse outcomes. Supply and demand imbalances--when you are doing a good job, you get requests for more work. That is good news. The bad news is, you have a certain amount of resources. We have supply and demand imbalances that we manage very carefully. Some of them are particularly acute in areas like health care, which means that sometimes we are going to have to end up going back to leadership of the committees as well as overall to try to relook at what is in the in basket and see if we can reprioritize. Obviously, we are having to place more and more attention on committee and subcommittee requests and less on individual member requests because of that supply and demand imbalance. Access to records--while we had one highly publicized problem within the last couple of years, we have not had a proliferation of records access problems and, therefore, do not need any legislation at this point in time. We are hopeful that we will not have problems in the future. The Deputy Comptroller General position has never been filled since the law was enacted in 1980. The current process just doesn't work, and I would respectfully request that the time has come to reconsider that process and hopefully follow a process similar to what other supreme audit institutions around the world do, and that is to allow the Comptroller General, in consultation with certain parties on the Hill, to make that appointment or make a recommendation for that appointment. I think we need to do something because the current process just doesn't work. Performance and accountability community coordination--we are only part of a broader portfolio, the Inspector Generals, for example. This is the 25th anniversary of the IG Act. I think there is a need over the next year or so to look at what is working, what is not, how can we achieve economies, improve efficiency and effectiveness in that community, as well. Our bid protest volume is also continuing to increase. And last but not least, we are being asked to do more and more work for the Legislative Branch on the Legislative Branch. By that, I mean where we are being asked to do work on the Capitol Police, the Capitol Visitors Center, the Architect of the Capitol, the Government Printing Office, and a variety of other entities. Obviously, we are happy to help our client, and yet these engagements do create certain challenges that have to continually be assessed. Finally, S. 1522, the GAO Human Capital Reform Act of 2003. Again, thanks to both you, Senator Collins, and you, Senator Voinovich, for your sponsorship of this legislation. We believe that this is both a reasoned and reasonable proposal. We believe that it will make GAO a more effective place and a better place to work. We believe it will help us to continue to lead by example in this critically important area. We believe that we followed a model process and we believe that we have got a proposal that deserves your support and this Committee's support and hopefully the Congress' support this year. As I look forward, in closing, there are three areas that I, along with my colleagues at GAO, would like to help the Congress on in the next 10 years. First, help the Congress address our large and growing fiscal imbalance. The numbers just don't add up. Tough choices are going to be required. We are not going to grow our way out of this problem. I have a speech at the National Press Club tomorrow and I will talk more about this issue then. Second, helping to transform what the government does and how the government does business is critically important for the 21st Century. Right now, a vast majority of government is an amalgamation of programs, policies, functions, and activities over decades and the base has not been reviewed thoroughly for its relevancy in the 21st Century. The base is not OK and the base is unsustainable going forward, especially if the Congress wants flexibility to meet new demands that is placed on it. And last, to continue efforts to make GAO the Federal employer of choice and the gold standard for a world class professional services organization that just happens to be in the public sector. With that, thank you for your time. I appreciate the opportunity. I would be happy to answer any questions that you may have. Chairman Collins. Thank you very much, Mr. Walker. Before I turn to my questions, I would like to call on Senator Voinovich for any opening comments that he might have. As you are well aware, he is the Senate's expert on human capital issues, and he is the primary sponsor of S. 1522, which I was very pleased to join him in introducing. Senator Voinovich. OPENING STATEMENT OF SENATOR VOINOVICH Senator Voinovich. Thank you, Madam Chairman. Comptroller General Walker, it is always a pleasure to see you and receive your testimony. I apologize, Madam Chairman, for not being here until now. I had a little plane problem. I want to thank you, Mr. Walker, for being a pace-setter on Federal strategic human capital management and for serving on my human capital working group. I appreciate your balanced review of the administration's proposed human capital performance fund and the Defense Department's national security personnel system, as well as your forthrightness about the Federal budget situation. We are hopeful that your comments and our legislation will make its way into the Conference Committee that is being held on the defense authorization bill. Mr. McTigue, thank you for being here, as well. I am grateful for the excellent analysis you and your colleagues at the Mercatus Center provide on Federal performance and accountability issues. Both of you have assisted in my efforts to reform the Federal workforce during my 5 years in the Senate and I look forward to making some other changes as we finish the year. Madam Chairman, as you know, I have a keen interest in the management of Federal agencies, and during my 5 years in the Senate, GAO really has played an integral role in providing comprehensive analyses and thoughtful recommendations on reforming the Federal Government's strategic human capital management, an issue that I have made a centerpiece of my efforts, as you mentioned, as Chairman of the Oversight of Government Management Subcommittee. I would say that, Comptroller General Walker, we have made some real progress. I remember being in my office 2 or 3 years ago when you indicated that reform was going to be very difficult. It is amazing when I think about how much change has occurred so far, and hopefully more will occur before the end of this year. In addition to receiving the benefit of GAO's excellent research on personnel and management issues, the Federal Government has in its own midst an examplar of excellent management practices. In the first 5 years of his 15-year term as Comptroller General, Mr. Walker has begun an important cultural transformation of his agency. Assisted in part by Congress' enactment of special personnel flexibilities in GAO in 1980 and in 2000, Mr. Walker is in the process again of restructuring GAO's workforce in order to maintain its mission both now and in the coming years. That makes GAO noteworthy not only for recommending to other agencies how to improve their management, but for setting an example for those agencies through its own practices. In other words, GAO is a best practices organization. It is difficult to go out and tell other people what to do if you are not doing them in your own shop. On July 31, I was pleased to introduced S. 1522, the GAO Human Capital Reform Act of 2003. This legislation, which was developed by GAO, I believe will further enhance those personnel authorities. Madam Chairman, I hope that we will be able to report out the bill at the Committee's next business meeting in October. I am pleased to note that the House Civil Service Subcommittee already has reported out a companion bill. Madam Chairman, Mr. Walker has often observed that for too long, Federal employees have been seen as ``costs to be cut rather than assets to be valued.'' I mentioned that yesterday when I spoke with a group of representatives from labor unions in the Federal Government. He has done a good job in changing that perception at GAO. I think, frankly, that perception has been changed during the last couple of years, from beating up on Federal employees to valuing them and you have been a great leader in that area. I thank you for your testimony, and Madam Chairman, thank you for giving me a chance to make this opening statement. Chairman Collins. Thank you, Senator Voinovich. Mr. Walker, in your testimony, you gave some impressive statistics on the return on investment. I believe you said for each dollar that GAO receives that there is a return of $88, and that is up from $58, which is very impressive. Could you quantify for the Committee how much money the GAO has saved the Federal Government through its recommendations being implemented during the past 4 years, and could you also tell us, since there are undoubtedly some skeptics out there, how GAO goes about estimating the savings? Mr. Walker. It would be around $100 billion or a little bit more, but let me clarify for the interest of full and fair disclosure. The financial benefits are a combination of two things. They are either outright savings, or they are resources that are freed up that Congress decides to redeploy to other priorities, which we don't control. Obviously, the Congress has the prerogative to do that. But we believe that it is a better utilization of taxpayer resources and, therefore, appropriate for us to count as a financial benefit, because if that had not occurred, then they may have spent both, if you will. The way that we go about it is we have a very disciplined process where the teams who want to claim these financial benefits have to be able to document what was the recommendation that we made and was it adopted by the department or agency or the Congress, can we demonstrate that we are the primary or a major reason why this change occurred as a result of our work, and then an estimation of what the financial benefits were as a result of adopting that recommendation, whether it is a one-time savings, whether it is a multi-year savings. If it is, we don't consider forever. We just consider several years and come back to a discounted present value. For this year, for anything that involves $500 million or more, our Inspector General independently reviews the estimated savings and either signs off or doesn't sign off, and if the Inspector General doesn't sign off, we don't count it. And if she does sign off, then we do count it. We also are going to be undergoing a peer review that is going to be led by the Auditor General of Canada. It will involve a consortium of other countries within a couple of years and we expect that they will probably take a look at this, as well. We are also trying to get our external auditors to take a look at our financial benefits. We have had a clean opinion, no material control weaknesses, no compliance problems with our financial management reporting for years. We are trying to get our external auditors to be willing to express an opinion on our performance statistics. That is something CPAs haven't done and I am trying to, frankly, get the profession to modernize itself and to lead by example in that area, as well, and I am hopeful that we will be able to get them to assume that responsibility. But right now, it is not in accordance with professional standards, so we need to update professional standards to make them more relevant for the 21st Century, as well. Chairman Collins. And as you know, the need for an independent outside evaluation is an issue Mr. McTigue has raised. Do you agree that it would be helpful? Mr. Walker. I agree, and we are very much on the case. We would like for our external auditors to do it. Again, it is going to take a change in professional standards for that to happen and we are also trying to explore whether or not as part of the peer review something might be able to be done. That is where our peers, other supreme audit institutions, are going to take a look at us. Chairman Collins. When the GAO makes recommendations to agencies, whether they would result in cost savings or simply better operation and more effective delivery of services, what percentage of those recommendations are adopted by agencies. Are agencies generally receptive to the recommendations, or is there a push-back and resistance? Mr. Walker. Well, first, that is an indicator. That is something that we follow, what percentage of our recommendations are adopted. For 2002, 79 percent of the recommendations that we made 4 years prior had been adopted by 2002. Now, some were adopted immediately. Some are adopted 1 year to 4 years later. We use 4 years because we believe that if you don't adopt it within 4 years, you are probably not going to adopt it. So 79 percent, which we think is very high. And then from that 79 percent, what were the financial benefits, the non-financial benefits which occurred, which we report, as well. As you know, they are not required to adopt our recommendations, but as a result of our constructive engagement approach, where we are trying to work with them on a much more constructive basis to make government work better for everybody, we have actually seen the percentage go up. Specifically, we have also seen the percentage of our recommendations implemented go up. This year, I think it may go up a little bit from what it was last year. Chairman Collins. That is encouraging to hear, as well. Could you give us some examples of major recommendations the GAO has made that have resulted in either significant cost savings or in significant program improvements? Mr. Walker. Well, we have made a number of recommendations in the area of acquisition practices and contract management as to how the government goes about engaging those types of activities that have resulted in significant dollar savings. We have also made--been involved in past base closure and realignment commissions and related activities to try to rationalize the excess infrastructure that the Federal Government has, which, by the way, is not just DOD, it is also the Postal Service, it is also VA, it is also a variety of other departments and agencies who are built on infrastructures and organizational systems for the 1950's rather than the 21st Century, in many cases. There is a whole list in our performance and accountability report, which is on our website, which is www.gao.gov. Chairman Collins. I am going to ask you one more question before I turn to my colleague, and then we will do a second round, and you led me into it nicely. The GAO, as you well know, issues a high-risk list of programs or activities in the Federal Government that are particularly vulnerable to mismanagement or not reaching their goals to limit waste, fraud, and abuse. One of the disturbing aspects of that list is while there are additions to it, such as the real property issue that you have just mentioned, there are also programs that have been on the list for over a decade--I think since the list was first formulated. Medicare, DOD contracting are examples of that. What can we do? This Committee really wants to play a role in ensuring that programs don't appear year after year on the high-risk list with no progress being made to remove them from the list by identifying management weaknesses and correcting them. I am going to try to follow up. We are working very closely with the GAO on the real property management issue, and we are going to have a hearing on it shortly. Mr. Walker. Sure. Chairman Collins. But what can we do so that we don't repeat this cycle, of seemingly making little or no progress? Mr. Walker. Well, several things. First, on Medicare, just to touch on that for a second, that is another area where there were significant financial benefits because we have done a lot of work with improper payments, and improper payments have come down from about $23 billion a year to about $13 billion a year, still unacceptable, but that is a $10 billion difference every year. We still need to make more progress. With regard to the items that remain on the list, there are a variety of things that I think Congress has to consider doing. First, hold agencies accountable as part of the oversight process. Second, consider as part of the appropriations process whether and to what extent they should be given incremental resources to solve a problem or resources should be pulled back when they are not making progress in certain areas. Let me give you an example of DOD, and I think it is a good case study. In my view, DOD is No. 1 in the world in fighting and winning armed conflicts. There is nobody even close. We are the gold standard. So they are an A-plus on fighting and winning armed conflicts. DOD is, however, a D on economy, efficiency, transparency, and accountability. They have 8 of 25 high-risk areas, and they probably would have had them for decades before we had the high-risk list. They haven't made much progress. I think there are several reasons that they haven't made much progress, one of which is they are in the line of business of fighting and winning armed conflicts, and as long as they do well there, there is not a whole lot of time and attention focused on the other and they still get what resources they want. I think the other reason is, is that if we look at leadership in the Executive Branch, we are talking about the need for cultural transformation. We are talking about changing how the government does business. Authoritative literature will tell you that is a 7-plus-year effort to do that and to make it stick, and yet the typical leader in the Executive Branch stays 2 to 3 years. You can't transform an organization, you can't deal with the kind of issues that have to be dealt with in a 2- to 3-year period of time no matter how good you are. It just doesn't work. And so as a result, one of the things that we have thrown out is the idea that for selected departments and agencies who face major challenges--not everybody, and DOD is clearly one-- the concept of exploring the possibility of a chief management officer or a chief operating officer, a level two official whose job is to focus on these key management issues--strategic planning, organizational alignment, financial management, IT, human capital strategy, knowledge management, change management. This person would have a term appointment, ideally for five to 7 years, with a performance contract, who would end up focusing on these issues that just frankly don't get focused on. Now, I know under the current administration, we have the President's Management Council, which is comprised primarily of the deputies. But the problem is the deputies already have full-time jobs. Many of them have backgrounds and interests in the area that I am talking about, but most don't. But the fact is, even if they do, they don't have the time to be able to do what needs to be done. So I think that is a modest proposal. If you do that, I think you could then look at CFOs, CIOs, and some other positions. You might make this job a PAS and you may not have to have PASs on the others. I mean, you could actually streamline and simplify the process and expedite getting some good people in some of these other jobs. That is one example. Chairman Collins. Thank you very much. I know that I said we would do two rounds of questions for Mr. Walker, but now that we have been joined by two additional colleagues, we will do 10 minutes on this round and then go to our next witness. Senator Voinovich. Senator Voinovich. Thank you. I have been impressed with your comments about the fiscal crisis that is looming for us. I recall that when I became Governor, I said that gone are the days when public officials will be judged by how much they spend on a problem. The new realities dictate that public officials must work harder and be smarter and do more with less. It seems to me that with the budget problems that we have, we really need to do a comprehensive budget review, what I would refer to as an operations improvement task force in the Federal Government to look at the areas where we have the most opportunity to reduce spending. I would be interested, do you believe that the place to start on that would be to knock off those high-risk areas that the Chairman has spoken about? Mr. Walker. Well, I think you have to recognize that the high-risk areas represent an opportunity for improving economy, efficiency, and effectiveness. They are not just fraud, waste, abuse, and mismanagement. I mean, we have really made a concerted effort since 2001 to make that list more strategic. It includes a number of transformational challenges, like human capital, the Postal Service, disability programs, etc. I think if you look at the high-risk list, there is a lot of opportunity for savings---- Senator Voinovich. In other words, is the high-risk list-- if you looked at the Federal Government, that list was reflective of what you think would result in the most savings for the Federal Government and improvement in efficiency? Mr. Walker. I would say that they represent an opportunity for significant savings and significant improvement. But one of the things that I am also asking GAO executives to do, which is new, is that our high-risk list is based to a great extent on work we have already done. One of the things that I am asking GAO executives to do is that given our fiscal challenge, and based upon their experience, expertise, and institutional memory, we are going to have some internal brainstorming sessions on areas that we may not have done work on yet but we believe represent opportunities that we want to bring to the Congress for exploration and consideration. This is more proactive than historically GAO has done. We need to do this in conjunction with the Congress. We don't want to do this on our own. But I think the time has come to do it. Senator Voinovich. I do, too. I think if you had a comprehensive list of things--if you surveyed the whole operation of the Federal Government, broke it down and prioritizing the areas where we would get the biggest return for the time that we would spend, that would be very helpful to us as we move through the next several years. I am a little bit concerned about the one statement that you made in terms of the Defense Department and we have talked about this before, saying that the only way that we can handle the high-risk list would be to have a chief operating officer who would have continuing responsibilities. It would seem to me that once people come on board at the Defense Department, you would have one group that would be concentrating on doing the war thing and then the other would be just strictly working on the management and dotting the ``i''s and crossing the ``t''s and following up on some of the recommendations that you folks have made. Obviously, they have been on there a long time, and so you are basically saying that under the current structure, it is not going to happen without something like what you are suggesting? Mr. Walker. I don't think that the chief operating officer or chief management official, or call it whatever you want, is a panacea, but I think it is a significant missing link, and in the absence of having that, I think it is not likely that you are going to be successful. I think you need to do other things, too, and some of which the Department of Defense, Secretary Rumsfeld and his people are trying to focus on now. I am an ex officio member of the Defense Department Transformation Advisory Board to the Secretary. I use that as a way to make sure they are aware of all the good work that GAO is doing, and I am pleased to say that they have liked a lot of our work and have made a number of recommendations to the Secretary to move on some of them. I also understand they are going to make a recommendation to Secretary Rumsfeld around this chief management officer/chief operating officer concept soon, and hopefully he will view that favorably, but it would take legislation to make it happen. Senator Voinovich. I am sure that this Committee would be interested in that. I would also like your thoughts on other things that we can do. We talked a couple of years ago about better oversight by Congress. One of the areas that was discussed, Madam Chairman and Senator Carper, was the area of the Appropriations Committee and the fact that they have the power of the purse. I believe they should be more involved in looking at what is going on in those agencies because all they do is come in and ask them for money. I just wonder how much real oversight is occurring while they are looking at the appropriations to these various areas. It seems to me that perhaps if we could come up with some kind of a process where the authorizing committees would work with the Appropriations Committees to talk about some real significant problems that we have in some of these agencies and really come together and say, we have a problem here, we have to get it taken care of, and use both the authorizing and the appropriations processes to really put the pressure on and get some action on these things that have been laying around for the last 5 or 10 years. Mr. Walker. Senator, I think you have put your finger on a very important issue. The old saying, money talks. And in this town, for years and years and years, it was ``get the money, spend the money.'' The fact is, I think there is a tremendous opportunity and a tremendous need for a partnering arrangement between the authorizing committees and the appropriators to focus on those areas of opportunity, because in the end, if there aren't consequences, if people aren't making progress and there's not consequences, then why should they pay attention? At the same point in time, sometimes to solve a problem, you need an investment. It may be a one-time investment, but that is something that has to be pointed out, as well. Senator Voinovich. Well, it is something and I think that we are really going to have to spend some more time on it if we are going to get any kind of action. I think a lot of people show up and we talk with them and importune them to do things and they walk out and say, well, they had their hearing and they just go back to doing what they have been doing before. I also think in the military area that we should recall Dwight Eisenhower's admonitions about the military-industrial complex. We have people leaving the Defense Department and going to the private sector. There is just a little club that is there. Even, I think, some of the members of the Appropriations Committee in that area have been around a long time and they know all the same people and they don't want to rock the boat or do anything to make anybody unhappy. I think it is long overdue that we really look at that area, particularly because of the money that we are putting in today for the defense establishment. Mr. Walker, in regard to your budget, how much has your budget increased in the last couple of years? I should know that, but I don't. Mr. Walker. Well, this year, do we have that number right off, how much the budget has gone up? While we are looking for that real quick, I can tell you that what we are asking for, which, I think, is another example of leading by example, for 2004, we are asking for a 2 to 3 percent increase. Now, in fairness, in the interest of full and fair disclosure, our budget went down by $100 to $110 million the 5 years before I came. In the 5 years since I have been here, our budget has gone up about $100 million, and part of that is to be able to reinvest in our people, to deal with pentup technology, safety, and security issues. But now we are in a situation where I think we have dealt with the most acute needs and what we are doing now is trying to tighten our belt, recognizing that we have got a situation where the Congress faces a growing deficit. We are holding the line on what we are asking for on future increases. We are having business cases, to the extent that we need something other than basic inflation and the mandates that Congress tells us that we have to comply with. And I just hope that the Congress will consider the results that they are getting from us and the return on investment when they are making resource allocations and decisions in the future so they don't take an across-the-board approach, which obviously is not the best way to do it. Senator Voinovich. And the budget is adequate, and you have the manpower to respond? Every time we turn around, there is another request. In fact, this is a little provincial, but I was shocked at the report that you folks came out with on medical malpractice. Frankly, I thought the conclusions were off the wall. I don't know if anybody reviews those before they are released. Do you do that? Mr. Walker. The Medicare--are you talking about the objective---- Senator Voinovich. I am talking about the crisis that I have in my State with people dropping out of the medical profession because of the high cost---- Mr. Walker. Medical malpractice? Senator Voinovich. Medical malpractice. Mr. Walker. Well, first, I think it is important to put it in context, Senator. I understand your frustration. The fact of the matter is, medical malpractice is a problem. There is no question that it is a problem. Is it the only problem? Absolutely not. Is it the same degree of problem on a State-by- State basis? No. And so I think what our report is trying to say is, yes, medical malpractice is a problem, but it is not the only problem and the degree or the acuteness of that problem varies significantly depending upon what State you go to. In some States, it is not a big problem. In other States, it is a big problem. Senator Voinovich. Do you have a team that reviews those reports before they hit the street? Mr. Walker. The way that we deal with it, Senator, is that we do it on a risk-based approach. Depending upon the complexity and the controversy of the work, among other things, we have different levels of review within the agency and different entities within the agency involved. The other thing that we do, as you probably know, is that we also have stakeholders either within the government and sometimes outside the Federal Government--it could be State and local government, it could be other professions or whatever-- have an opportunity to comment if they are significant stakeholders before we finalize our report, and we consider their input and make adjustments as appropriate before we finalize our report. So we have a very thorough process and it is rare that we have any controversies associated with our report. But sometimes we do, especially on issues like health care. Senator Voinovich. My time is up. Chairman Collins. Thank you. Senator Pryor. OPENING STATEMENT OF SENATOR PRYOR Senator Pryor. Thank you, Madam Chairman. I just have a couple of lines of questions here very quickly. One is, as I understand it, the GAO requested feedback on its proposal relating to human capital on its internal website. I was curious about what kind of feedback you received from the employees. Mr. Walker. With regard to our human capital proposal, there was two phases of the human capital proposal. The first phase was an initial straw proposal where we went out, and I had not even had an opportunity to explain it yet, and we got feedback at that point in time and then we got subsequent feedback through various mechanisms. Initially, I would say that most of the proposals were not controversial. There was one proposal that was very controversial and that was the proposal to decouple our annual pay increases from the automatic adjustments in the Executive Branch. That was by far the most controversial proposal. After putting out the straw proposal, there were a number of supplemental outreach efforts, listening sessions, talking to the Employee Advisory Council, the managing directors. I went out to a number of field offices, a variety of different mechanisms was used. Also, employees had the opportunity to make comments, either confidentially or associating their name, directly to me and to other parties, including the Employee Advisory Council. Based on that, we made a number of changes, clarifications, and commitments, such that, in my view, the only area where there is any degree of controversy still is the decoupling of pay. I believe I have gone about as far as I can go to deal with employee concerns, to the extent that they exist there, and still maintain the concept of we want to have a somewhat more pay-for-performance-oriented system. And so I believe that what we are asking for is reasoned and reasonable and I believe it will make GAO a better place. Senator Pryor. And the other question I had is somewhere I have read that you want to establish an executive exchange program with the private sector, which I actually kind of like that concept, but the question I have is, how do you do that and make sure that you are protecting yourself against conflicts of interest? How do you set that up? Mr. Walker. A very important point. First, let me clarify what we are asking for. We are asking for the authority to be able to have up to 30 people come into GAO at any given point in time and/or up to 30 people to go out of GAO at any given point in time for knowledge exchange, best practices, etc. Candidly, I expect that this is going to be more people coming into GAO than people going out of GAO for a variety of reasons. For example, supply and demand. Senator Pryor. Do you think those would be government people coming into GAO or private sector---- Mr. Walker. It could be private sector or government people, if you will. We are very concerned with the conflict of interest issue. You raise an excellent point. That is particularly acute in the Executive Branch, because in the Executive Branch, they have responsibility for policy making and for enforcement. They are on the front line of actually making government decisions. In our case, we are doing audits, investigations, and evaluations. We are not the ones making the final call. We are the ones gathering facts and doing analysis. We are very sensitive to that and we will make sure that the assignments that they have are such that they would not present a real or perceived conflict of interest. Senator Pryor. That is all I have, Madam Chairman. Thank you. Chairman Collins. Thank you, Senator. Senator Carper. OPENING STATEMENT OF SENATOR CARPER Senator Carper. Thanks, Madam Chairman. General, how are you doing? Mr. Walker. It is good to see you again, Senator. Senator Carper. It is nice to see you, as well. Thanks for joining us today and thank you for your leadership and your stewardship. You talked a little bit about an Employee Advisory Council. Describe that council to me--who is on it, how do they get appointed, how long do they serve, that kind of thing. Mr. Walker. Well, it has evolved. The way that it is right now, it is a 23-member group. It is comprised of people from different levels of the organization, different occupations, and different locations. It is entirely democratically elected now. Depending upon the nature of the group, they could--for example, if it is an association dealing with Asian Americans, or African Americans where they have an association, then they will end up electing their representative. If it is a level, for example, supervisory personnel or senior analysts, if you will, then they will run an election to elect one or more representatives to represent them. So it is a fully democratically-elected body that is representative of the diverse workforce that we have. That body meets with the Executive Committee, which is myself, Gene Dodaro, Chief Operating Officer, Sallyanne Harper, Chief Mission Support Officer, and Tony Gamboa, our General Council--the four of us make up the Executive Committee--and others at least once a quarter to talk about issues of mutual concern and how to make GAO a better place. They set the agenda. We may add to it. We don't take items off though. But I think it is one of the reasons why we have been able to make real progress, is having this mechanism where we are partnering with our employees, partnering for progress. Senator Carper. Just describe for me, if you will, the evolution. How long have you been head of GAO now? Mr. Walker. It will be 5 years effective November 8, I think. Senator Carper. Just describe for us, if you will, the evolution of the relationship and the interchange between the leadership that you represent and the council. Mr. Walker. Well, when I first came in, we didn't have a collective council. We had individual councils. Specifically, we had councils representing various interest groups and we didn't really have a collective council. I looked at it and I said, we need to maximize progress for all rather than for segments. We don't have a union at GAO, but I believe very strongly that we need to have our employees as key players to help us figure out what we are doing well and how we need to make additional progress. And so we started out with a concept of let us create an Employee Advisory Council that has representatives from these previous councils that were more interest group councils and then let us make it more diverse and more representative. I initially appointed representatives for groups that didn't have representation. And then, believing in democracy and working with the council, we agreed to make this a fully democratically-elected body over time, and we did. About a year ago, we ran elections for the slots that I used to appoint and now it is a fully democratically-elected body. So it has been a mechanism that is in place now for several years. It is a very important mechanism because I talk to them at the same time as we talk to the managing directors, which includes the senior executives that lead the 13 teams. We are talking to them basically at the same time on important issues and give their input great weight. Senator Carper. I don't believe the council or representatives of the council are going to be testifying today. Mr. Walker. They have a statement for the record.\1\ --------------------------------------------------------------------------- \1\ The prepared statement of the GAO's Employee Advisory Council appears in the Appendix on page 127. --------------------------------------------------------------------------- Chairman Collins. They have submitted testimony, which will be included in the record. Senator Carper. Good. I have not seen their statement. If they were here, what might we hear from them? Mr. Walker. Well, they were at the House hearing and I would commend that statement to you. I think what they would say is basically what their statement says, is that with regard to what we are asking for, that our employees don't have a concern about a vast majority of the provisions, that the only area where there is still some concern is our proposal decoupling from the Executive Branch with regard to automatic pay adjustments. At the same point in time, they acknowledge that the process was a good process, that we have made changes, clarifications, and commitments to try to deal with employee concerns. They acknowledge that we need to continue to modernize our human capital practices, and they acknowledge that there is mixed opinions about changing our name. They don't take a position one way or the other on that. My view is, is that we haven't had a tremendous problem in the past, but you don't know who you miss because of your name. If you are trying to hire lawyers, if you are trying to hire Ph.D. economists, if you are trying to hire people who aren't accountants, you don't know who you miss. What I do know is our name is very confusing to the public. They think we are in the accounting business, and less than 15 percent of what we do has anything to do with accounting or traditional financial management. And so it is a problem. Senator Carper. As I understand it, what you are trying to do is put in place a pay-for-performance system, but one that does not undercut the ability of your employees to meet the rising cost of living. How do you do that? Have I mischaracterized that? Mr. Walker. Here is what we are trying to do. This is very, very important. First, unlike most Federal agencies, GAO has had a pay-for-performance system since about 1989. And so what we are trying to do here is to make it somewhat more pay-for- performance oriented. Specifically, what we are looking to do is that while we have our own personnel system and we have broadbanding and pay for performance, we are still subject to the annual across-the- board increase that applies to the Executive Branch, even though we are not in the Executive Branch under the current system, which means your best performer and your worst performer, even those individuals who are not performing at a satisfactory level, are guaranteed by law that across-the-board increase, irrespective of their skills, knowledge, performance, and irrespective of where they live. What we want to be able to do is to say that for the 97- plus percent of our employees who are performing at an acceptable level or better, that we will protect them against inflation at a minimum; that we will consider differences in competitive compensation by locality, but based upon surveys that are more reflective of our workforce rather than how it is currently done; and that with regard to anything else, that the increases will be based on performance. And so what we are doing, basically, is taking what otherwise--there was a 4.1 percent pay increase last year that applied to everybody. Basically, what we would be saying is if you are not performing at a satisfactory level--that is less than 5 percent of our workforce--you are not guaranteed that. But if you are, then you will get inflation, consideration for differences by locality, and something on top of that for your performance, but that will vary based upon what your performance is. Senator Carper. I think you have indicated that GAO's responsibilities continue to expand. I know I asked you and your agency to do a variety of things, and I am sure other Senators do, as well. My understanding is that you are attempting to meet the requests that are made of GAO without adding to the number of employees that you have. Just talk a little bit about how you manage to balance all that. Mr. Walker. That is an excellent question. Here is what we do. We have a much more disciplined and transparent process with regard to what the rights of our clients are, what our responsibilities are to our clients, and what our engagement acceptance practices are. Basically, the priorities that we have are if it is a mandate by law, including something that is in the Committee report, we consider that top priority because the Congress as a whole has spoken. We monitor potential mandates a lot closer because sometimes there are mandates that may not represent a good use of your resources and the taxpayers' resources and so we will try to intervene before they become law. But if they become law, they are our top priority. We are also required, in accordance with current law, to do work for committees. Therefore, if we get a request from a committee chair or a subcommittee chair, we are bound to do it. As a matter of policy, and in accordance with our wanting to be professional, objective, and nonpartisan in nature, we accord the same priority to ranking minority member requests, even though as a matter of law they don't have the same legal standing. And so as a matter of policy, we give them the same priority. We give them the same rights. The next level would be individual member requests, which, candidly, we are not doing a whole lot of individual member requests. We tell members that they need to go to a chair or ranking member for two reasons. One, we have a supply and demand imbalance. And two, in order for our work to be able to benefit the Congress, the country and the taxpayers, realistically, you are probably going to have to have it go through a committee or subcommittee. And so what we are trying to do is to have more chair and ranking member requests. We are also trying to encourage bipartisan requests. They have gone up. We can't require that, but they have gone up, as well. And so we have a much more disciplined and transparent process and we are getting a lot more results out of the same level of employees. But that can only go so far. Senator Carper. And that is only so far as my time goes, too. It has expired. Thanks very much. Mr. Walker. Thank you, Senator. Chairman Collins. Thank you, Senator Carper. Mr. Walker, I want to thank you on behalf of the Committee for your testimony this morning, but also for your first-rate leadership of the GAO. Under your leadership, the GAO has continued to make great strides in the work that it does. It is very important work, particularly to this Committee and to the American taxpayers. So I thank you for your excellent leadership and look forward to continuing to work with you. Mr. Walker. Thanks, and if I could just say for the record, I am pleased and proud to lead this agency. We have a great executive committee and executive team and a lot of very bright and dedicated public servants. We look forward to working with this Committee and others in the future. Thank you very much. Chairman Collins. Thank you. Our next witness this morning is the Hon. Maurice McTigue, the Director of the Government Accountability Project at George Mason University's Mercatus Center. As a former cabinet minister and member of Parliament in New Zealand, Mr. McTigue has a unique perspective on issues relating to government management, and more specifically, results-oriented government. From 1984 to 1994, Mr. McTigue led an ambitious and successful effort to restructure New Zealand's public sector. In his current position, Mr. McTigue conducts annual evaluations of how Federal agencies are performing. He reviews their performance plans and reports required under the Government Performance and Results Act. For the last 2 years, the Comptroller General has asked Mr. McTigue to conduct a similar evaluation of GAO's performance reports, and that will be the subject of his testimony today. Mr. McTigue, we very much appreciate your appearing today, and I look forward to hearing your statement. Please proceed. TESTIMONY OF MAURICE P. McTIGUE,\1\ DIRECTOR, GOVERNMENT ACCOUNTABILITY PROJECT, MERCATUS CENTER, GEORGE MASON UNIVERSITY Mr. McTigue. Thank you, Madam Chairman and Senator Voinovich. I am honored to have been asked to present myself before you today and to give to you some of the knowledge that I have acquired in the 6 years that I have been here in the United States at George Mason University's Mercatus Center, working with your government, and in particular the experience that I have had in working with GAO. --------------------------------------------------------------------------- \1\ The prepared statement of Mr. McTigue appears in the Appendix on page 120. --------------------------------------------------------------------------- Madam Chairman, when we talk about GAO, we have to recognize that we are talking about the best of the best. It is my considered opinion that GAO is certainly the premier organization in government. Also, I think that in David Walker, you have an extraordinary leader who stands head and shoulders above most in the public sector. However, when you are looking at the best of the best, it doesn't mean that there is no room left for improvement, and I certainly think that there are areas in which GAO can continue to show improvement on the role that it has played in the past. First, I want to really look at the perception of GAO. What is its role? Many people might look at it as the research arm of Congress, and that would be true. They might look at it as the government's auditor, and that would be true. They might look at it as the government's accountability office, and that also would be true. But of all things, I think that the most important contribution that GAO makes is that it maintains the public confidence in the institutions of government. Any erosion of public confidence in the institutions of government is detrimental to all of us. How does it do that, because GAO does not actually have any power to instruct organizations to do things? It doesn't have any power to compel people to do things. It just has the power of influence, and that power of influence is directly proportional to its reputation. So for GAO, continuously enhancing its reputation is a high priority. In enhancing its reputation, I think that there are important values that are involved. The first of those is the quality of the work that it does. If it doesn't meet a very high standard, then its reputation is damaged, and it seems to be able to continually excel itself in improving on the quality of its work. It is the integrity with which it does that work. It is the fairness with which it does its work. It is also the perception of fairness by those who are examined and the public at large. It is the fearlessness with which it approaches its job, because it must not be put off from examining something that might be controversial or difficult because it fears consequences for itself. And it is the reliability with which it produces its information. One of the areas of reform that occurred in my country while I was in government was a reform of the equivalent of the GAO, which we called the Auditor General's Office. We rewrote its law between 1984 and 1994. We made it very independent so that it is answerable only to the Parliament, it is not able to be compelled by any particular party or the government to do anything. The Auditor General makes his or her own decisions as they think appropriate. It still does much of the investigative research for the government and it still does two-thirds of the auditing for government, but not all of it, and that is a deliberate policy so that there is a chance to compare what private sector auditing produces as opposed to what is produced by the Auditor General's Office. It also has the liberty to examine issues of its own volition, because the auditor general perceives them as risks or failures. It might be why certain social problems have not responded to the investment that the government has made in those social problems, or, indeed, the programs used have not produced results. This is my view in an area of inquiry that is going to become increasingly more important for GAO as the U.S. Government moves to results accountability. I want to touch on that a little bit more in a moment or two, but there are two other things that I think are important and that I see as challenges for GAO. The first of those is the world post-September 11. Given GAO's role in maintaining public trust in the institutions of government and given the necessity for the U.S. Government to take unto itself additional powers that in many ways compete with or infringe on the rights of individuals, being able to maintain public trust in how those powers are used may be an important part of protecting trust in the institutions of government. Looking at how the Immigration Service uses its extended powers, looking at how the FBI uses its extended powers, and accepting that some of this inquiry may have to be done in confidence, GAO could indeed examine the use of those extended powers, assure itself that the use of the powers was appropriate, and then give such an assurance to the public without having to disclose things that might be damaging to our security. This is a different world. GAO has to have both the resources and the time to be able to examine these powers or a dangerous erosion of confidence could occur. While thinking of that expanded role for GAO, it raises another issue, and that is the changing world of government. GAO, like all other government organizations, is going to have to manage its human capital, to produce the capability necessary to accomplish its mission. I think that your move to give to GAO more flexibility in how it manages its human capital is a good move. I think that GAO should use that opportunity to set itself up as a role model for the rest of government setting up a template that can be copied by other government organizations. I want to make a comment here about the concept of human capital. Many people think about human capital in the way in which they have thought about human resources in the past. In my view, that is incorrect. Human capital encompasses two concepts. The first of those concepts is the concept of being a good employer. Do we do all of the things that we should for our staff? Everybody knows the principles of being a good employer and should be able to practice them. The new and more important concept is that human capital is really a reflection of the capability of the organization. Do the people, the skills, and the talents necessary to do the job exist? How do we manage that capability? How do we assess what capability we need in the future? How to develop policies that will bridge the gap from the organizations capability now and the capability needs of the future? For example, the expanded role that GAO will have to play in examining how enhanced security measures are utilized inside the American Government may well require capabilities they don't have today. The Congress should be cognizant of that and should allow them both the latitude and the resources to be able to accomplish that task. Another area of challenge, in my view, is the world of results managed government. A few moments ago, Senator Voinovich asked David Walker about the challenges on the fiscal side of government and how they might actually be addressed. In my review, results-based management of government is one of the best ways of addressing that. Having been a member of Parliament and having sat where you sit from time to time, Madam Chairman, one of the challenges we faced was that we were very badly served with the information necessary to make good decisions about allocating scarce resources. We didn't know what was being achieved in public benefit trends by different activities. Minus that knowledge and often minus the knowledge also of what it cost to do that, we couldn't make very good decisions. As that capability improved and we were to compare these activities results against those activities results, it became possible to strategically move funding into those activities that worked better. Consequentially it became possible to enhance public benefit with considerably less in resources. In my view, the U.S. Government is in the early evolutionary stages of this process at the moment. You will not see the full benefits of this change until about the 2005 or 2006 fiscal year. It will take that long to get the full results-based information necessary to be able to compare activities and reallocate resources accordingly. GAO will play a significant role in determining the validity of measures used by agencies. If I can just, as an example, Madam Chairman, use something that David Walker mentioned in his testimony and you questioned him on, and that was the recoveries of $37 billion made by GAO last year. It can be said, that is a fine achievement. It is an increase of $11 billion over the year before. However, those recoveries were able to be made because there was some inappropriate practice, malfeasance, misallocation, or misappropriation of monies or resources inside government. Success should be measured in terms of whether that number comes down as a result of GAO's actions. The public benefit would then go where Congress intended. Over time it should become more difficult for GAO to be able to find those monies. This would then become a measure of the outcome. The complained-of behavior is gradually being eliminated. In exactly the same way when looking at the recommendations made by GAO the fact that they are accepted by agencies is an important interim measure, but the final measure is, did they cure the complained-of behavior. Achieving the cure is what we need to know if we are going to focus on outcomes. To me, GAO playing a role in examining government organizations and determining what result was achieved would be a major contribution towards good government here in the United States. That is the conclusion of my comments, Madam Chairman, I would like to ask that my written statement be included in the record. Thank you. Chairman Collins. It will be entered in full, without objection. Mr. McTigue, thank you very much for your testimony and also the very important work you are doing in this area, not only with the GAO but also with other agencies in evaluating their performance reports. We looked long and hard to try to find an expert who could comment on the GAO. The GAO comments on everybody else, and we thought it would only be fair to have an outside group. I suggested to my staff that they contact your organization, the Accountability Project. I was delighted to learn that you had, indeed, done work in this area, and I give David Walker credit for asking you to do this work, as well. We heard today the Comptroller General's discussion of how the GAO prioritizes the requests it receives from Congress. As a committee chair, needless to say, I like the priority the GAO gives to requests that come from committee chairmen and their ranking members. But I understand you have a slightly different perspective on how the requests should be prioritized. I would invite you to share that with us today. Mr. McTigue. Madam Chairman, if I was sitting in your chair, I would feel exactly the same way that you do. [Laughter.] And certainly, I think that the bulk of what GAO does is going to continue to be the work that it does for Congress. But Congress itself may well have to start to think about the prioritization of that work so that low-value work from Congress isn't setting aside some other things that GAO might be looking at that would be very much more valuable. I think the visionary role that GAO plays is very important in identifying risks to the American Government, doing work on those risks, and then starting to publicize that activity or lead that debate. I would pose the question that if David Walker had not spent so much time on commenting on the crisis in human capital in the Federal Government, would it have got the attention that it has received to date and would the American Government be taking action on it? And I think the answer is probably no, or it might have been postponed 2 or 3 years into the future. I think the work that he is leading now in taking a long- term look at the fiscal crisis so that there are more options available to government before the crisis becomes incurable is work that is extremely valuable. Congress does need to weigh the value of these tasks against the requests that Congress is making and accepting some prioritization. The reassurance of the American people about the trustworthiness of institutions of government is incredibly important, particularly at a time of crisis of security accompanied by some erosion of civil liberties. The guarantee that new powers are used with the greatest propriety is very important. To me GAO has the reputation and credibility to give those assurances. So what I am really saying is that in allocating to GAO tasks, I think Congress has to be cognizant of the fact that there is a limited resource, there are other activities that are carried out by GAO that are very important for the quality of government. Congress should not crowd those activities out with requests that are of a lower priority. I think David Walker's suggestion that from time to time members are going to have to work through committees rather than making individual requests is a good one. I think that making collective requests rather than partisan requests is a good one. Chairman Collins. Thank you. The other issue I want to have you comment on is the GAO's high-risk list. I have found this list to be useful in directing our attention to problem areas in the Federal Government, but I am troubled by the fact that programs stay on the list year after year after year. How could the GAO change its assessment of the high-risk list to make it more useful to Congress and to Federal agencies? Mr. McTigue. In my view there are a variety of approaches that could be given consideration. Madam Chairman, there are activities in government that are inherently high risk and might need to be included all the time. For example, in the field of taxation, the collection of revenue is always something that is subject to attack by clever lawyers and accountants who want to find legal ways for their clients to minimize their taxes. So a risk exists that there will be continuing erosion to the tax base and there needs to be protective measures taken to deal with that. That might mean that tax collection is something that inherently remains on a high-risk list. Other activities currently on the high-risk list may be making significant progress towards getting off the high-risk list. It would be good to know that significant progress is being made. It is of concern that some risks are there for 12 or 13 years. These are things that should be readily manageable, like contract management, acquisitions. There is plenty of experience around the United States on how you do those things well. The fact that it takes 12 or 13 years to eliminate these risks is unacceptable. Perhaps GAO has to be more aggressive in detailing the unacceptable nature of these failures. GAO may need to say to Congress, there needs to be legislative action to eliminate this problem. Chairman Collins. Thank you. Senator Voinovich. Senator Voinovich. It is interesting that that last question you asked was one that I had on my list. [Laughter.] From your experience in government, and based on my comments to General Walker about getting the Appropriations Committee involved in coming up with some kind of strategy where they really could lean on some of these agencies to get done what needs to be done. What would your reaction be if this Committee was going to pick out a couple of areas, get letters off to the heads of those agencies, let them know that we are dead serious about something being done, drag them in here, and then let them know that every 2 months, we are going to drag them back in here until we start to see some kind of action taken as a result of that and maybe highlight some of these issues to the point where they will feel they have to do it because they are being pressured. The point around here is you don't know the number of letters I have sent to some of these agencies, and it takes them 5 months to get something back to me. They just ignore them. They just figure it is going to go away. If you don't stay on them over and over and over again, you don't get any action from them. What is your reaction to that? Mr. McTigue. I don't really have an opinion, sir, about the recalcitrance of agencies in answering your questions, but what I do have some views about is one of the areas in which you might move that would help to relieve some of these problems. I think that you have already ``put in train'' by passing in 1993 the Government Performance and Results Act something that is having a quiet revolution throughout the Federal Government but which you at Congress level have not yet become the beneficiaries of. Gradually, you will get information that tells you that a variety of different activities are addressing the same outcome, but they have a huge range of success rates in addressing that outcome and they have very different costs. What would happen if you were to invest in the most successful of those activities and to either give the others the chance to perform at that level or to lose their funding? That would make a big difference. I think that Congress will be doing business in this manner by the 2005 or 2006 fiscal year. Regarding Congress itself, it would be worthwhile to study the reforms of legislatures around the world. Many have dealt with the disconnect between the processes of policy decisionmaking, authorizing and oversight, and the appropriation process. Many legislatures have reformed their operations by using their committee structure as fact finding opportunities to inform the appropriation process. Direct recommendations coming from those committees require that appropriators take note. Certainly, the New Zealand legislature made reforms of that nature. Those reforms made the work of the Parliament much more meaningful. For Congress, there are issues that need to be addressed so that appropriators take note of the work that goes on in your other committees. Otherwise, if they don't, why do you do oversight and why do you do authorization work? Senator Voinovich. This has been raised by some of the appropriators. I know I have talked to Senator Stevens about this on a couple of occasions. The spirit is willing but the flesh is weak. We just have so many other things that we are doing, we just never get to it and I am afraid that the people who are supposed to do it know it. [Laughter.] That is the problem. In your written testimony, you said Congress should ensure that the GAO has the freedom and the flexibility to be a role model in human capital management. Could you comment on how the flexibilities contained in S. 1522, the GAO Human Capital Reform Act, could assist GAO in further improving its workforce management as an example for other Federal agencies? Mr. McTigue. Senator, while you were out of the room, I made some comments, some of which I will need to repeat now. Senator Voinovich. I apologize. Mr. McTigue. What GAO has to deal with is developing different capabilities as it addresses some of its tasks. Those capabilities are going to require different skills, some of which it will have internally, but some of which it may have to go out into the marketplace and buy. It needs to be able to buy those skills because its credibility is very important to its main task, which is reassuring the American people that they can trust the institutions of government, particularly as they examine the utilization of the new powers required to maintain the security of the homeland and whether they are being used appropriately. GAO needs to become a 21st Century employer, recognizing that we as individuals, will approach work in a very different way. We will move frequently in our jobs. We will work from different locations. GAO has to have the flexibility to be able to acquire talent, to let talent go and to bring it back again if necessary. Being able to reward the performance of high achievers, is going to be an essential part of employing in the 21st Century if you are to keep your high performers working for you. Senator Voinovich. Thank you. Chairman Collins. Thank you, Senator. Senator Lautenberg. Senator Lautenberg. Thank you very much, Madam Chairman, Senator Voinovich. It is always a pleasure to work with my colleagues here, even when they are wrong sometimes. [Laughter.] But it is a pleasure to be here and to welcome you, Mr. McTigue. Madam Chairman, do I have just a couple of minutes for an introductory statement? Chairman Collins. Certainly. We are expecting a vote very shortly, so you are going to be the last, but please, go ahead. OPENING STATEMENT OF SENATOR LAUTENBERG Senator Lautenberg. I do thank you for holding this hearing on this very important department of government. Usually, we see Comptroller General Walker here to testify about government policy or another Federal agency, but today we are here to discuss the management and performance of his Department, GAO. And by all accounts, GAO is a model agency. In 2002, their programmatic and policy recommendations have helped Congress and the Executive Branch to achieve nearly $38 billion in financial benefit. That is a return of 88 cents on each dollar invested in GAO, and that is a pretty good return. I come out of the corporate world and I know a good one when I see one and that is good. We can only hope that other government investments, such as an administration's tax cuts for people who don't need it, and I had a good run in some years of business. Frankly, I like investing where I get a good return, and investing, in my view, in government, where we have the ability to do things that no one else has for our society, sounds like a good idea to me. I think I do a lot better for my children and my grandchildren and over the years ahead if we continue to build our internal strength even as we protect our security from external attempts to disrupt it. The value of GAO should not only be measured in dollars. Waste, fraud, abuse don't just cost money. They erode the public's confidence in government. That confidence, that faith, is something too precious to calculate. The fact is that GAO, Comptroller General Walker and his 3,200 employees help Congress meet responsibilities to the American people by improving the accountability, efficiency, and the overall performance of the Federal Government. One particular matter does concern me, and I think it is regrettable that we don't have administration cooperation with GAO's investigation of the White House's secretive energy task force. And if the stories are true, it is regrettable that the administration supporters here in Congress have threatened GAO's funding because of the investigation. Congress needs to stick up for GAO. They are an arm or a tool for us, a resource for us to really understand what is taking place, even when the agency has some unpleasant truths to tell us. We shouldn't stand idly by while people who might be discomforted by what GAO might try to cow it into submission. So I just have a question, because we are seeing changes that are contemplated, and Mr. McTigue, I wanted to get your response. According to GAO's performance and accountability report for fiscal year 2002, GAO conducted its first voluntary early retirement of 52 employees. They also implemented new performance appraisals, revised pay, promotion and rewards system. And now they are working on implementing a broadband pay-for-performance system for administrative professionals and support staff. I understand that GAO also wanted to eliminate locality pay. I mentioned the fact that I had some experience in the corporate world, and the company that I helped found is a company today that has more than 40,000 employees, and when I left to come to the Senate, we had 16,000, not a small company, but it also shows you what happens when progress comes with new leadership. [Laughter.] But the fact is, I had a lot of experience in the kind of bonuses and natural expense increases that we had to be concerned with. We couldn't, in our earliest days in business--my company is called ADP--we could transfer people willy-nilly and just say, hey, you are going to--I don't want to name the cities, but those that are less desirable, let us say, than San Francisco or Washington, D.C., or Portland, Maine, of course, and they would go. But as time went on and people assessed the value of family life in a different way, they would say to me, ``Yes, Frank, I would like to go, but I am going to need something more than just a transfer to take care of my family needs, etc.,'' and I approved of that. I approve it when we have tension-filled jobs like those in the control towers, to take someone from a quiet area with not too many flights each day, put them into the New York region, Chicago region, Los Angeles and say, OK, you are going to go to work there. Yes, expenses are higher, but it is service for your country. That is not good enough. So all of that is a preface to what I want to ask you. Mr. McTigue, did you assess the morale within GAO in contemplation and in expectation of these changes that might be made? Mr. McTigue. The answer, Senator, to your question is, no, we didn't do a specific assessment of morale. I could comment, though, from my observations because we work closely with GAO in a wide range of areas. GAO has some of the most capable people that you have in the civil service in the United States. They also are people who have skills that are in very high demand in the private sector and there is no indication that there is a significant exodus from GAO. Modern human capital management, sir, I think is going through some major evolutions, and a wise manager today is going to recognize that the ability of his organization to function successfully is going to be directly attributable to the skills and talents of the people who work for him or her and being able to keep those people is going to be one of the most essential tasks that you would carry out as a manager. Acting in a way that is contrary to the best interests of people means that you are going to lose them, because we are talking about people who will not have difficulty finding other jobs. They are people who are already in high demand. They have high quality skills where there is plenty of demand for them. So you don't have the liberty to be able to say, I can make these decisions without there being a consequence. There will be a consequence. And at GAO, we did not see a high exodus rate. So in my view, GAO have people who find the work rewarding, they find the management acceptable, and they find the rewards acceptable. Otherwise, there would be a significant exodus. Morale is not something that GAO can be complacent about, though, because the expectations of the workforce will change over time and management has to be astute enough to be able to meet those changed expectations as they develop. Senator Lautenberg. I would ask you this. I am sure that the people who do their work there really like working for the U.S. Government, as I see in staff personnel all around, whether it is Committee personnel or my own staff personnel, and having worked in the private sector for as long as I did and being able to make a comparison about the dedication to service is quite striking, and that is that people will work for the government for less money, for less often recognition, but because there is an inner satisfaction that is drawn from doing the right thing. However, if you want to transfer somebody, no matter how much they love their job, is it fair to say, OK, you are going to go into this high-cost area and that is where you are going to be located and carry out this responsibility. Do you think that would have any effect on one's view of the transfer that might occur for a family who is trying to get by, educate their children? There isn't anybody--there are few in government that are paid excessive amounts of money, and it would be terribly political for me to suggest otherwise, but the fact--I am teasing, obviously. But people have to live and they have to be able to be paid on a relative basis so that they can sustain themselves and their families. And even though they can go get jobs in the private sector, it does mean some kind of a disruption. It does mean some kind of a risk. It does necessitate change of some significance. Mr. McTigue. Unless I knew the specific circumstances, sir, I don't think I can give you a definitive answer, but I can give you this answer, and that is that if you are thinking as a manager about transferring somebody to somewhere else, particularly if it is a more expensive place to live, it is a more densely populated city, the presumption is that there is probably a promotion, as well. And unless you compel the person to move, then it seems to me that it is going to be a matter of choice by you, the manager, to ask them to move and they, the employee, to decide to move. If they decide to turn it down, then I presume that they have to accept the consequences for that. It would mean that perhaps they don't get the increase in pay that might have gone with the move and perhaps it may also impact their ability to be able to achieve promotion in the organization. But as long as you are not constrained in terms of the choices that you make and you are able to make those choices open and freely, then I think that that is something that between the employer and the employee they are going to have to work out and it may be different decisions for each employee. Senator Lautenberg. We don't have the liberty of saying, in my view, that a lateral transfer, which is graded based on the civil service system, at the same level of pay, is automatically the province of the manager. There are other conditions that dictate what happens, and I think when you try to put someone in a high-cost area, much higher costs than they have, and if they are family-bound, that is a tough decision and I, frankly, am very wary of those proposals to limit that. Thank you very much, and thank you, Madam Chairman. Chairman Collins. Thank you, Senator. We do have a vote in progress, so I am going to thank Mr. McTigue for his testimony. We may have a few questions for the record that we may submit for either you or Mr. Walker. The record for this hearing will remain open for 15 days for the submission of any additional materials. But I want to thank both of our witnesses this morning. I think this was a very useful oversight and legislative hearing on the General Accounting Office, and I thank you both for your participation. After the vote, we will resume with the second hearing of the day. It will be a new hearing on the nomination of Suzanne Mencer to be the Director of the Office for Domestic Preparedness for the Department of Homeland Security. This hearing is now adjourned. [Whereupon, at 11:16 a.m., the Committee was adjourned.] A P P E N D I X ---------- PREPARED STATEMENT OF SENATOR COLEMAN Thank you Chairman Collins for holding this hearing. At the outset, Mr. Walker, I want to take a brief moment and commend you for your teams that are working closely with my staff on two oversight matters. The GAO team headed by Gene Aloise is assisting in the Permanent Subcommittee on Investigations' continued review of the Federal Government's response to nuclear terrorism, particularly the deployment of radiation portal monitors by the Bureau of Customs and Border Protection, Second Line of Defense and the Department of Energy. The GAO team headed by Rich Stana is assisting us in our assessment of the Container Security Initiative and the targeting techniques employed by Customs at our nation's ports and borders. In addition, Marjorie Kanof's team has already produced one investigation concerning SARS and is currently working on another looking at infectious disease surveillance. You are well served by these three individuals and their teams. Please ensure that they have the resources and cooperation to continue their vital work with us. As the members of this committee know, in order for Congress to do its job, it needs to be adequately informed on the issues before it. Of course we rely on our staffs for a great deal of advice, but on more complex issues the role of specialists is crucial. The General Accounting Office, along with the Congressional Research Service and the Congressional Budget Office play a vital role in helping us fulfill our Constitutional duties. GAO is especially important to this committee and the Permanent Subcommittee on Investigations, which I chair, since we are responsible for overseeing government itself. GAO has already undergone significant structural transformation in order to adapt to changes in finance, technology, society, and politics. It has had to develop expertise in new skills while struggling to replace an aging workforce. It has had to adapt to the creation of independent inspector generals who are tasked with performing many of the type of investigations it traditionally handled. Yet it retains a vital role in keeping us informed. Like any tool, GAO's ultimate value depends on how well it is maintained and used. I commend both the Chairman and Sen. Voinovich for introducing S. 1522, the ``GAO Human Capital Reform Act of 2003.'' It is my understanding that this legislation reflects extensive external and internal research on GAO's part, including consultation with both its Employee Advisory Council and the Office of Personnel Management. I intend to cosponsor it and look forward to voting for its passage. [GRAPHICS NOT AVAIALBLE IN TIFF FORMAT] -