[House Hearing, 113 Congress] [From the U.S. Government Publishing Office] FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS FOR 2014 ======================================================================= HEARINGS BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS HOUSE OF REPRESENTATIVES ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION ________ SUBCOMMITTEE ON FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ANDER CRENSHAW, Florida, Chairman JO BONNER, Alabama JOSE E. SERRANO, New York MARIO DIAZ-BALART, Florida MIKE QUIGLEY, Illinois TOM GRAVES, Georgia MARCY KAPTUR, Ohio KEVIN YODER, Kansas ED PASTOR, Arizona STEVE WOMACK, Arkansas JAIME HERRERA BEUTLER, Washington NOTE: Under Committee Rules, Mr. Rogers, as Chairman of the Full Committee, and Mrs. Lowey, as Ranking Minority Member of the Full Committee, are authorized to sit as Members of all Subcommittees. John Martens, Winnie Chang, Kelly Hitchcock, Ariana Sarar, and Amy Cushing, Subcommittee Staff ________ PART 6 Page U.S. Securities and Exchange Commission.......................... 1 U.S. Securities and Exchange Commission.......................... 45 General Services Administration.................................. 127 Small Business Administration.................................... 193 ________ U.S. GOVERNMENT PRINTING OFFICE 82-609 PDF WASHINGTON : 2013 COMMITTEE ON APPROPRIATIONS HAROLD ROGERS, Kentucky, Chairman C. W. BILL YOUNG, Florida \1\ NITA M. LOWEY, New York FRANK R. WOLF, Virginia MARCY KAPTUR, Ohio JACK KINGSTON, Georgia PETER J. VISCLOSKY, Indiana RODNEY P. FRELINGHUYSEN, New Jersey JOSE E. SERRANO, New York TOM LATHAM, Iowa ROSA L. DeLAURO, Connecticut ROBERT B. ADERHOLT, Alabama JAMES P. MORAN, Virginia KAY GRANGER, Texas ED PASTOR, Arizona MICHAEL K. SIMPSON, Idaho DAVID E. PRICE, North Carolina JOHN ABNEY CULBERSON, Texas LUCILLE ROYBAL-ALLARD, California ANDER CRENSHAW, Florida SAM FARR, California JOHN R. CARTER, Texas CHAKA FATTAH, Pennsylvania RODNEY ALEXANDER, Louisiana SANFORD D. BISHOP, Jr., Georgia KEN CALVERT, California BARBARA LEE, California JO BONNER, Alabama ADAM B. SCHIFF, California TOM COLE, Oklahoma MICHAEL M. HONDA, California MARIO DIAZ-BALART, Florida BETTY McCOLLUM, Minnesota CHARLES W. DENT, Pennsylvania TIM RYAN, Ohio TOM GRAVES, Georgia DEBBIE WASSERMAN SCHULTZ, Florida KEVIN YODER, Kansas HENRY CUELLAR, Texas STEVE WOMACK, Arkansas CHELLIE PINGREE, Maine ALAN NUNNELEE, Mississippi MIKE QUIGLEY, Illinois JEFF FORTENBERRY, Nebraska WILLIAM L. OWENS, New York THOMAS J. ROONEY, Florida CHARLES J. FLEISCHMANN, Tennessee JAIME HERRERA BEUTLER, Washington DAVID P. JOYCE, Ohio DAVID G. VALADAO, California ANDY HARRIS, Maryland ---------- 1}}Chairman Emeritus William E. Smith, Clerk and Staff Director (ii) FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS FOR 2014 ---------- Tuesday, March 12, 2013. U.S. SECURITIES AND EXCHANGE COMMISSION WITNESS CARL W. HOECKER, INSPECTOR GENERAL Mr. Crenshaw. The meeting will come to order. Today we are going to hear from Inspector General Carl Hoecker. He and I have known each other from my time as Chair of the Leg Branch Subcommittee when he was the Inspector General for the U.S. Capitol Police. So I am pleased to welcome him back and hope that we will continue our great working relationship. Inspector Hoecker was just appointed about 1 month ago in this new position. So we appreciate you coming up so quickly to testify, having just started your new position. We are anxious to hear what you have planned for your office. This subcommittee has distinct jurisdiction over a diverse group of agencies, and many of those have a profound impact on American lives. The SEC is one of those agencies. It has the unique task of protecting investors, maintaining fair and efficient markets, and encouraging capital formation. This is a tall order. Having an effective Inspector General conducting oversight over an agency as large and as important as the SEC is obviously very critical. Since 2001, Congress has provided the SEC with additional regulatory tools, and we have more than doubled the commission's annual appropriations. And yet the agency missed the Madoff and the Stanford Ponzi schemes; the agency has made expensive mistakes with regard to their leasing authority; and they have made wasteful decisions with regard to their procurement and contracting. And so, Mr. Inspector General, you are our eyes and ears. You are the watchdog of the taxpayers. So it is my expectation that your office is actively looking for improvements and efficiencies within the SEC to make sure that our taxpayers' dollars are being spent efficiently. So we look forward to hearing your testimony, and look forward to hearing the answers to our questions. Before I ask you to proceed, I would like to call on Ranking Member Serrano for any opening statement he might have. Mr. Serrano. Thank you, Mr. Chairman. And I would also like to welcome Mr. Hoecker, the new inspector general for the Securities and Exchange Commission to testify before the subcommittee. I believe this may be your first time testifying before Congress in your new position. So we promise to be gentle and sweet and charming. In recent years, the SEC has received numerous new responsibilities and has received an increased budget from this subcommittee to help deal with those responsibilities. Your office has the important job of making sure that those new resources are being used effectively and efficiently. And that the SEC is properly performing its job of protecting investors and consumers. I know, in the past, the OIG's office has been very responsive to questions from this subcommittee on these sorts of issues. And as we move into the fiscal year 2014 budget cycle, I hope we can continue this productive dialogue. Unfortunately, we cannot go through these hearings without discussing sequestration, which, according to the CBO, will reduce our gross domestic product by six-tenths of a percentage point in this year alone. Moreover, the sequester is going to severely impact the ability of agencies, like the SEC, to perform the basic functions that the American people expect of them. I am very concerned that as a result of sequestration, we are reducing resources for the SEC at the very time we are asking them to take on more work through the continued implementation of Dodd-Frank. Sequestration is being compounded by the proposed continuing resolution for fiscal year 2013, which it appears will not provide additional funding to the SEC. We need to make sure the SEC has sufficient resources to guard our financial markets against fraud and abuse. I am interested in learning more about what your office will be doing to monitor the effects on the SEC and how you will analyze whether your agency has sufficient resources to do the job we have given them. Sequestration issues are also likely to affect the operation of the OIG's office as well. Although you have only been in your new position for a short time, I hope you will be able to detail for us the impact of the sequester on your increasingly large mission as well. So we welcome you and we look forward to your testimony. Thank you, Mr. Chairman. Mr. Crenshaw. Thank you. So, Mr. Hoecker, we would now like to call on you to make an opening statement. If you could limit that to 5 minutes or less, it will give us more time to ask you questions, and we will accept your written statement for the record. Please proceed. Mr. Hoecker. Thank you. Good afternoon, Chairman Crenshaw, Ranking Member Serrano, members of the subcommittee. Today it is my privilege to introduce myself as the newly appointed inspector general for the Securities and Exchange Commission. In my testimony, I am representing the Office of Inspector General, and the views expressed are my own and my office's and do not necessarily reflect the views of the Commission or any Commissioner. Despite the constrained fiscal environment facing our Nation, we feel that the aggregate budget request for the operations of OIG for fiscal year 2014, which is $7.8 million, is justified as we continue to focus on improving agency programs through audits of programs and operations, emboldening staff and integrity, agency integrity by investigating allegations of misconduct. As the SEC strives to ensure confidence in our capital markets, we continue working with the Commission to assist it in its mission to protect investors, maintain fair, orderly, and efficient markets, and facilitate capital formation. I envision that with my experience in investigations and forensic accounting, I will effectively be the eyes and ears of Congress and be a steadfast independent advisor for the commission. I would like to begin my remarks by briefly discussing the role of the OIG and its oversight efforts for the next few years. The OIG is an independent office within the SEC that conducts audits of programs and operations and investigations into misconduct by agency staff, and contractors. Our office, in accordance with the IG Act of 1978, as amended, does not set policy for the SEC nor make substantive determinations regarding the Commission's program functions or budgetary process; rather, our mission is to promote integrity, efficiency, and effectiveness of programs and operations and to report our findings and recommendations to the agency and to Congress. Since my appointment as IG for the SEC last month, the OIG investigative and audit units have continued vigorous oversight over the SEC. The Office of Audits includes six auditors who report to the Assistant IG for Audits. During fiscal year 2012, the OIG issued eight audit reports involving matters critical to the SEC programs, including cost-benefit analyses conducted for six rulemakings pursuant to Dodd-Frank, the SEC's continuity of operations, and record management practices. The reports contained 102 recommendations with which the agency fully concurred. We also saw closures of 155 recommendations from OIG reports issued during and prior to fiscal year 2012. In this current fiscal year, our audit function has issued one audit report, issued five draft reports to SEC management and continues to work on five additional assignments. The SEC Office of Investigations includes six investigators who report to the Assistant IG for Investigations. Notwithstanding the small size of the investigative staff, the Office of Investigations has conducted numerous investigations and inquiries involving violations of statutes, rules, regulations, and other misconduct. In fiscal year 2012, OIG received 535 complaints, and opened 10 investigations, and 45 preliminary inquiries based on those complaints. In the same time period, the OIG concluded 15 investigations and 75 preliminary inquiries, resulting in 5 referrals to the Department of Justice and 11 referrals to agency management for consideration of administrative action. To date, in fiscal year 2013, the OIG has received approximately 220 complaints, has opened 7 investigations, 8 preliminary inquiries, and has concluded three investigations and 20 preliminary inquiries. I believe that the SEC's mission of protecting investors; maintaining fair, orderly and efficient markets; and facilitating capital formations is more important as ever. As our Nation's securities exchanges mature into global for-profit competitors, there is even greater need for sound market regulation. At the same time, the SEC has responsibility to utilize government funds in an efficient and effective manner. And, the OIG intends to remain vigilant to ensure that scarce government resources are utilized wisely and cost effectively, and that instances of fraud, waste, and abuse are eliminated. I appreciate the interest of the subcommittee in the SEC and my office. I believe that the subcommittee's and the Congress' continued involvement with the SEC is helpful to strengthen the accountability and effectiveness of the commission. And this concludes my verbal statement, and I am happy to answer any questions you may have. Thank you. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Crenshaw. Thank you, Mr. Hoecker. Let me start by asking you a little bit about the sequester and the impact that it has. I think everybody knows that we have been struggling here in Congress along with the executive branch to try to get a handle on some of our debt and some of the deficit. We raised taxes back at the first of this year. We are working on tax reform. We are working on entitlement reform. We have still got a ways to go. One of the good things I think we would all agree on this subcommittee and our full Appropriations Committee is, from 2010 to 2012, we actually reduced discretionary spending. We made some tough choices, and spending went down $95 billion. But here we are in a situation where we have a continuing resolution. I think we all agree on this subcommittee, that is not the best way to run the railroad. It kind of throws out all the work that we put in last year. And we still haven't resolved some of the issues related to the Budget Control Act, finding that extra $1.2 trillion. So here we are with a sequester. Once again, I think most would agree that if you have to cut spending, and not everybody agrees that you do, but I think regardless of how you feel about it, we would all say across- the-board cuts are really not the best way to do it. They ought to be targeted. They ought to be smart. We ought to look at priorities: Things that are being wasted, we ought to cut; things that are being done well, we ought to increase. So here we are, and we still don't have a budget yet from the executive branch. But we appreciate you being here to talk about some of the issues that are before us. So, in that regard, I would love to know what--even though you are brand new, and I am sure you are working night and day--what would you say the impact of the sequester has been so far, just on your little corner of the world, as Inspector General? And then maybe if you can make a comment on how you think it has impacted the full SEC. Equally as important, I would love to know what you think about these cuts, as it relates to your part of the world, to the agency. When you have to go through these kind of cuts that are going to amount to about 5 percent, about 8 percent to the Defense Department, does that make you try to conduct your business even more efficiently? Because you have to live with that; we don't know how long it is going to be. Please comment on the impact it might have had on you already, and what do you think the impact will be as you move forward? Mr. Hoecker. Yes, sir. Well, one of the first things I found when I took over the job a month ago is that I needed to get a handle on how sequestration will affect my office. And good or bad, we found that for the OIG, it will not have furloughs this fiscal year, due to the fact that we are down-- we need to hire eight people. So we had some folks leave and things like that. So, from that perspective, there is sufficient salary lag, if you will, that it won't affect my office. The second thing I wanted to find out, at least in terms of if there is going to be any shut down within the SEC or layoffs, furloughs, was to ask the CFO. So I had a visit with the CFO either my second or third week, and he assured me that the sequestration will result in no furloughs or reductions in force at the SEC. In terms of any impact on the program and delivering the regulation, et cetera, sir, I don't have any body of work to support that, and I will have to blame that on my newness in terms of reduction of budget and if there is going to be any negative effect on the program itself, sir. Mr. Crenshaw. Do you think overall it motivates you and your agency to just try to be more efficient? I would think that is the case. Mr. Hoecker. Well, what I always try to do, sir, if Congress sees fit to give me a certain amount of money. And I need to make it work. Mr. Crenshaw. Got you. Mr. Hoecker. Need to deliver the mission. Mr. Crenshaw. I got you. One other quick question. The one concern I hear about the rulemaking process, and again this is more SEC, but as you look at how they make rules, the two big concerns, it seems to me, are, number one, how they use the cost-benefit analysis in their rulemaking. Over time I have heard that that is lacking in some cases. And the other concern that people have about rulemaking that the Commission does, is that they undertake rulemaking not so much that is required by, say, Dodd-Frank or some other statute, but they have taken up nonstatutorily required rulemakings. I think the prior Chairman talked about rules relating to money market funds, and the new Chairman is said to be interested in campaign contributions, things that aren't necessarily a priority from the standpoint of the statute. I just wondered if you had a chance to look at some of these concerns--particularly the cost-benefit analysis. Can you comment on that? Have you taken a look at these? Mr. Hoecker. Yes, sir. I have taken a look at the work that we have done. And about--we have issued two reports on rulemakings, and we are currently underway with another phase, two-phased approach. What this current two-phased approach that is ongoing in audit is that the former chair committed to, there is a guidance memo on including cost-benefit analysis with rulemaking. And she had committed that the agency, the commission would implement that. So we are doing an audit to the extent to find out where they documented that, how it looks and what kind of cost- benefit analysis they have looked at. There are other certain objectives that I can share with you. But that is kind of the big picture that we are looking at right now. Mr. Crenshaw. Thank you very much. Mr. Hoecker. And that we have committed to issue that final report at the end of April. So I will go ahead on record saying end of April. But I will also go on record to say that I want to make sure I am comfortable with it before I release it. So if it is a week late, I will take the wrath, but I want to make sure I am comfortable with the product. Mr. Crenshaw. Great. Thank you very much. Mr. Serrano. Mr. Serrano. Thank you, Mr. Chairman. We know, sir, that your role as IG has certain responsibilities and areas that you cover. But, of course, you recommend to the SEC certain things. And in view of the fact that the SEC has not received what the President has asked for in the last couple of years, that the Senate bill introduced yesterday does not provide any funding above 2012, and sequestration, how confident are you that the SEC can tackle the many challenges that it faces? And, more importantly, in your case, can they fully implement your recommendations? Mr. Hoecker. Well, I would say that they are going to have to make it work, sir. I have only been there for 4 weeks. And I don't have a body of knowledge to analyze the impact of keeping it at the 2012 level. But I would just say they will make it work. The folks that I have met are very committed to the mission. If they requested a certain amount, that is what they felt they needed. I just can't answer the delta and what the effect of the delta would be, sir. Mr. Serrano. Now, we know it is somewhat if not very unfair to ask you after 4 weeks to have a full picture, and you have made that clear, and we understand that. But in those 4 weeks, are there any areas you have seen where the budget of the SEC would be hit hard and would impair them from moving forward with some things that you may know at this point early on? And realize it is not a full analysis, but just something. Mr. Hoecker. I haven't looked at the budget in detail, sir, so I don't know if I could give you an answer on that. Mr. Serrano. All right. And on your particular--the work you have to do, you say you will make it work. Mr. Hoecker. Yes, sir. Mr. Serrano. But certainly making it work and hoping it was different are two different things. We are here as appropriators, not all the time to suggest cutting the budget. I know that sounds strange. We also want to invest every so often. Mr. Hoecker. Yes, sir. Mr. Serrano. So you shouldn't shy away from telling us ``I would like to see this happen in my particular agency.'' And I just want you to keep that in mind. But after 4 weeks, I guess you can't tell us, other than you will make it work what other, how the budget will hurt you in your ability to make your recommendations? Mr. Hoecker. Well, sir, in terms of my budget, I will be coming back for the next budget request with a business analysis. Because from my particular office, I would like to compare the sister and brother financial OIGs, such as the Federal Deposit--FDIC, Treasury, to see if we are the right size or not. My sense is that we are not the right size, that we need to grow. But I am not prepared right now with a business case to ask for logical support for that, sir. Mr. Serrano. Okay. Thank you, Mr. Chairman. I know we have other members who want to ask questions. Mr. Crenshaw. Mr. Womack. Mr. Womack. Thank you, Mr. Chairman. And appreciate the witness' testimony here this afternoon. I want to go back to what the Chairman talked about just a minute ago in the case of rulemaking and particularly as it concerns the Jobs Act. We passed that nearly a year ago. And it required that rules be adopted within a year. And, of course, we know what calendar month we are in now, March of 2013. I recognize you have been on the job a short period of time. But in your brief time, can you elaborate on why it takes the SEC so long to implement rules, rulemaking responsibilities? And if this has come to the attention of the IG in the past, based on your research. Mr. Hoecker. The only issue, sir, that has come to our attention was the economic--economic cost-benefit analysis, which was requested by the House Government Oversight Committee. That was brought to our attention. But in terms of the agency not being able to meet the deadlines, I don't know where to go with that to give you a concrete analysis. But my sense would be that Dodd-Frank significantly changed the mission of the Securities and Exchange Commission. I don't know what that means in their world. But all I know is kind of studying right now with this job, studying for the job interviews when I was talking to the commissioners, and I do know that Dodd-Frank changed the mission somewhat in terms of adding rulemakings. And to the extent that these rulemakings and the level of effort that that is going to take, I just can't answer that, sir. Mr. Womack. I think mainly what I am looking for is maybe some speculation and opinion, qualified or unqualified, based on your short amount of time as to, is it a resource problem? Is it a, for lack of a better term, a denial problem, that we are in denial that this is something that we have to perform on a certain time scale? And I suppose I would be remiss if I didn't characterize my question in the same framed context I would about the delay on getting the President's budget. Is it okay for the Federal bureaucracy to ignore the desires of Congress and miss important deadlines or timelines that we have established through our--through enacted law? Mr. Hoecker. I think it is important that if Congress gives somebody a deadline, that they meet it. But I also realize when you change an organization, when you change an entity, it is not easy to change, particularly if you are the size of the SEC. So I would--my opinion, which I will qualify as new-guy opinion, sir--that it would be a mixture of the appropriations level combined with changing the agency. Because I always say, when you change an agency, it is like steering a battleship. So it has to happen gradually, not that it has to, but it happens gradually. We all want it sooner. But I think the nature of change within a large organization, that is what we see. Mr. Womack. Would it be your testimony that based on your initial observation that it would not be a resource problem necessarily? Mr. Hoecker. I don't know what it would be, sir, because I don't have a body of knowledge to support that. And I would not want to kind of walk on that plank, if you will. But my sense is, I guess it would be a sense, it would be a mixture of a change, changing an agency's mission significantly, and funding it appropriately. Mr. Womack. Finally, there has been a lot of talk about our potential vulnerability to cyber. And I want to just kind of throw you out on the table for you to comment about. Obviously, if our country, which is attacked every day thousands and thousands of times for various purposes, various reasons, are we pretty confident--not confident, concerned about our vulnerability from purely the SEC's standpoint on potential cyber--cyber warfare? Mr. Hoecker. I think we should be concerned overall, I mean, all government for the cyber warfare. I don't think we--I think the defense is just--it takes a lot of resources, it takes a lot of skill. So I don't think anybody's out of the woods in terms of not being a target threat of a cyber threat. Mr. Womack. Mr. Chairman, I will yield back my time. Mr. Crenshaw. Mr. Quigley. Mr. Quigley. Thank you, Mr. Chairman. Good afternoon. Mr. Hoecker. Good afternoon, sir. Mr. Quigley. I think the SEC as an agency, like most knows, it can do better. But if we are talking about the size of agency compared to the task at hand, I think it is at least fair to, as you did, notice that Dodd-Frank changes and adds responsibilities that are pretty significant and pretty important. But I also think it is fair, if we are talking about large budgets and bureaucracies, to remember who they are regulating. This is a--their budgets dwarf anything--a more fair question is can the agency possibly keep up with those companies that they are asked to oversee. Particularly with sometimes the amnesia of why we needed Dodd-Frank, what tipped off the near collapse of our financial system, in your mind? Mr. Hoecker. Well, I do think in general, the industry is way ahead of government in terms of IT. And so if you take the IT and if you look at even high-frequency trading or things like that, where there are nanoseconds of difference, there is a catch-up for government agencies to worry about. And I think traditionally we have--we have lagged behind. Mr. Quigley. In your mind, how is the SEC doing now in their attempts to catch up on the technology side? I mean, granted, they are not going to get a big budget as they think they need or perhaps need. So can they catch up on the technology side or come closer? Mr. Hoecker. I think they can come closer. I think they have some work to do. I don't have specifics in terms of they need to do X, Y, and Z. But I am sure that there are some improvements they can make and should make. And as we factor in our audit planning for next year, I am sure that we can look at some of that stuff. Mr. Quigley. And in looking at the politics of cost-benefit analysis, I am sure as you oversee what the SEC tries to do, you recognize that some of these costs and the type of analysis are really hard to capture. And some of the benefits equally difficult to capture. I mean, how much does a rule which helps protect the public's trust in the investment system have a value? I mean, how much more does it in your mind--is it at least a difficult task to at least recognize that the public's trust matters? And I am not sure how you quantify an element like that. Mr. Hoecker. I am not sure how you quantify that either. But I know that the SEC has economics folks and continues to try to hire folks in that capacity. But I think the rulemaking is that you have to--you have to try and then you have to at least explain why you couldn't. And it has to be pretty clear, and to the extent that where that explanation appears is a question. Mr. Quigley. And I appreciate your attempts when you analyze those cost-benefit analysis, to take that thought into consideration. Thank you. And I yield back, Mr. Chairman. Mr. Crenshaw. Mr. Graves. Mr. Graves. Thank you, Mr. Chairman. I wanted to ask a second about the process. You have submitted a budget request to, I guess, the House and I assume the Senate. Is there a timeline for which you follow to do that and all agencies, and what would that be? Mr. Hoecker. Well, the way that works with Inspector Generals, since the 2008 Inspector General Enhancement Act or Improvement Act, I believe, is we submit our budgets to the agencies. But I say they are kind of firewalled. Because we send that to--I don't know if we really send it to the House and Senate. But there is a way that they are not supposed to touch our budgets. And that goes in with the regular budget process itself. So we don't have a different timeline as an Inspector General's Office than the agencies. So we fall in line with the agencies. Mr. Graves. What is the timeline for the agencies to submit theirs? Mr. Hoecker. Well, typically, we--I believe it is in January, provide that to the agency. And then the agency has a certain timeline to submit that to OMB. And I don't know what the SEC has. Mr. Graves. But they submitted theirs on time, I assume. Mr. Hoecker. I have to assume, but I don't know for sure sir. Mr. Graves. When they submit it, they are submitting it to OMB, which, in essence, is to the administration for the preparation of their budget request. Mr. Hoecker. Yes, sir. Mr. Graves. So it is probably fair to say that OMB or the administration has all the agencies' budget requests in place and they have just themselves chosen not to compile that and deliver that to the House and Senate in a timely fashion. Mr. Hoecker. I am not sure how that works. But OMB assembles all the agencies' budgets and puts it all together. But I am not sure who didn't send it or who didn't compile it. Mr. Graves. Okay. Understand. I have just another question. In your written statement, you referenced ``The Misuse of Government Resources.'' A report that had come out recently. And it was in reference to about a million dollars of wasteful spending on computers and software without any oversight or planning of the use. In that, you know, certainly that is something we are interested in, is something such as that. What was the result of that? And--or maybe, first, in your--in the report why was there all of a sudden a surge in spending that was wasteful and the equipment was never used and there was no planning for it? Mr. Hoecker. I don't have those details before me right now. I know the case you are talking about. We did an investigation. I know that the SEC management took--took pretty quick action. I don't know what action that is because I have been briefed at a high level. If you want it, my staff can get back to you or I can get back to you on that issue. Mr. Graves. To your knowledge, was anybody terminated or held responsible for the misuse? Mr. Hoecker. I don't have any knowledge of that right now. Mr. Graves. Was that something you could find out for us? Mr. Hoecker. Absolutely. Absolutely. I have just been told that two individuals have resigned as a result of that. Mr. Graves. Two individuals resigned. Mr. Hoecker. But I will follow up more completely with you. Mr. Graves. As, you know, the inspector general, in the future, do you feel that that is sufficient penalty or recourse that two individuals resigned as a result of a million dollars of taxpayer dollars being misused? Mr. Hoecker. As inspector general, when I do an investigation that involves misconduct on an individual, I am a factfinder. And my reports either state that it appears that this person violated this regulation or this law, but we don't--we don't recommend what discipline to take. In other words, this means termination, this means a letter of reprimand, because that is outside the factfinder, and that would be going outside of the independence issue for an inspector general to do that, in my mind. But the agency has to take appropriate action. And as there are a number of things they look at when they get a report such as ours, they look at the Douglas factors, they look at past records, and they look at similar actions that they have taken. So that is--that is totally the agency's call. Mr. Graves. Okay. Thank you. Thank you, Mr. Chairman. Mr. Crenshaw. Mr. Diaz-Balart. Mr. Diaz-Balart. Thank you very much, Mr. Chairman. How are you, sir? By the way, good staff work there on that issue. The report, which is called, ``OIG's Follow-Up Review of Cost-Benefit Analyses in Selected SEC Dodd-Frank Act Rulemakings,'' I understand it is not a catchy title, but that is exactly what it was. Mr. Hoecker. Yes, sir. Mr. Diaz-Balart. It states that the SEC is not providing, frankly, a full picture of whether the benefits of a regulatory action are likely to justify its cost and discovering which regulatory alternatives would be more effective. Now, we do know that many SEC rules have been challenged successfully, frankly, in court due to poor analysis by the SEC in its rulemaking process. There are a few examples of those, including, for example, the proxy access rule. Three quick questions for you, if I may. By the way, it also states in that report that the SEC rarely factors in internal costs to the agency during its rulemaking process, which obviously, it would seem to me, is an important factor that they are leaving out. Three questions. Since that report was published, do you know if the SEC has made any efforts to change their cost-benefit analysis? You know, what are they doing to improve their rulemaking process? Mr. Hoecker. Yes, sir. I believe that that report, which is No. 499, that was done--when the SEC first committed to do cost-benefit analysis, there was a shorter memo by the General Counsel's Office, not the current general counsel, but the previous. And that was, like, 2 or 3 pages. When the IG's office did this review, the one with the long title that you said, and I will just call it 499 because that is the report number. Mr. Diaz-Balart. That is actually catchier. Mr. Hoecker. Yes, sir. They looked at that as the standard. So that was the criteria that they used when they did the review. And as a result of that, the General Counsel's Office issued this March 2012 cost-benefit analysis guidance. And on that guidance, the March 2012 guidance, that is what we are doing the phase 1 and phase 2 work on currently, sir. Mr. Diaz-Balart. Great. Great. Do you expect or how effective do you expect that the SEC's examination process--I don't know if you are aware of this proposed Municipal Advisor Rule. Mr. Hoecker. I am sorry, the what, sir? Mr. Diaz-Balart. Municipal Advisor Rule. Let me just throw out a couple questions, and I figure that you might not be--so here is the issue. This rule, which I am concerned whether they are listening to the relevant industries that they are dealing with--this is in general--are they listening to the relevant-- you know, the industries that they are about to regulate, they are regulating, and to the public during their rulemaking process? That is one question. That would be my second question. And also, how effective is their examination process for--in this new process, which I guess I can speak to your staff as well about. But are they listening to this very large number of new registrants that are expected under the very broad scope of this proposed Municipal Advisor Rule? And I can get your staff more detail. But I just want to see if there are, in fact, if they changing their way a little bit. Are they speaking to folks? Are they listening to folks? And how effectively are they doing it? Or are they just kind of going through the motions? Mr. Hoecker. I don't have a body of knowledge to support any answer to that. I do know they have public hearings. I don't know if we have looked at the effectiveness of those. But what I would like to do is to see if we can somehow get back to you on it and have my staff provide a written answer to those questions, to the best we can, sir. [Clerk's note.--The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Diaz-Balart. That would be great. And I think my staff, Ryan Canfield, who is here, will probably be able to touch base with them and get them talking. Mr. Hoecker. Okay. Thank you. Mr. Diaz-Balart. Thank you, sir. Thank you, Mr. Chairman. Mr. Crenshaw. Thank you. Mr. Yoder. Mr. Yoder. Thank you, Mr. Chairman. Welcome to the committee, sir. Glad you are here. Wanted to discuss the changes made in the last couple of years regarding Dodd-Frank. It has been mentioned a couple times already in the hearing. I note that the SEC had some of its responsibilities transferred to the Consumer Finance Protection Bureau. I guess I would like you to discuss that a little bit, what that transition has been like. Have we determined whether these changes were good changes on policy grounds, those sorts of things; have we had any sort of determination of whether these things have moved in the right direction? Has the transition worked? And then, I guess, secondly, as these responsibilities are transferred, do we show dollar-for-dollar savings, such that we are not leaving behind duplicative costs in the SEC? If we are transferring responsibilities over, that should be a reduction in expenditures of the SEC, and have those been fully received? Mr. Hoecker. Well, sir, that is a great question, and particularly in terms of your second part, reporting the savings. I don't have any knowledge to answer that question right now. And I would ask that maybe you allow me to get back to you on that. [The information follows:] Upon further review following the March 2, 2013 Appropriations Hearing, my staff was unable to find examples of responsibilities that were transferred from the SEC to the CFPB as a result of the Dodd-Frank Act or otherwise. Accordingly, my office could not identify any associated costs savings or ancillary benefits that may have been incurred by the SEC by a reduction in regulatory responsibility. Mr. Yoder. Okay. That would be great. And certainly, as we go forward in the hearings in the next coming weeks, be a good opportunity to discuss that with the SEC, and we would love to have your background on that first. I appreciate that. I note some conversation about the ability for the SEC to focus on the right priorities. And whether they are able to move the rules forward in an appropriate manner and a timely manner. And I have noted that the SEC is now considering proposing rules about political campaign contributions that were not necessarily mandated by Congress. Are we in a position where our mandated responsibilities are not being met but our responsibilities that the SEC has sort of volunteered to take on are being met in a higher priority? Can you explain how we are dealing with that and whether those responsibilities are being properly, I guess, moved forward on? Mr. Hoecker. I think the larger area on that would be if you have X-amount of rulemakings are you--and those are required under Dodd-Frank, are you working on those, or have you added some other rulemakings? And that, again, sir, has fallen into an area where I just don't have the knowledge yet. What I do know, and the rule that you are speaking of, I think they are considering it right now. I don't know what--exactly what progress, but I think it is more in the proposal stage right now. But I don't know how much effort they have spent in doing that. Mr. Graves. If you could report back on where they are and the political disclosure rule and the determination of the cost of that, how they are proceeding and maybe an analysis of the impetus behind that. This is not a Congressional direction; so what is driving that? What is thrusting that? And how it is affecting their ability to move forward on their mandated rules under Dodd-Frank, which certainly small businesses, the committee economy is waiting on certainty? So any of these things that are outside of that purpose are going to make it more difficult to do what everybody on this committee wants to do, which is get the economy going again and creating jobs. So we need the SEC to, obviously, be a partner in that. And these other items tend to take away from that. Would love to get some background on that as well. Mr. Hoecker. Okay, sir. [The information follows:] Our office does not have an independent body of work or evidence to suggest that the Securities and Exchange Commission (SEC or Commission) has prioritized discretionary rulemakings over Dodd-Frank or JOBS Acts required rulemakings. However, as we continue our audit of the SEC's application of cost-benefit analysis during the SEC's rulemakings continues, we will keep these concerns in mind and report any contrary information we find. Mr. Yoder. Mr. Chairman, I yield back. Mr. Crenshaw. Thank you. I think we will have time if other questions are on people's minds, we will go into a second round of questions. And I will start by asking you, the oversight that you are in charge of, some of your predecessors have focused on the investigation side; some have focused more on the audit side. As I understand it, you have got maybe a third way to look at things, and that is through a kind of evaluation, which seems to make sense as you conduct that oversight. And in that regard, I wanted to ask you about some of the settlements that have taken place and what your plans are. You read from time to time where Federal judges will throw out a settlement that SEC has reached with a defendant. I saw one the Federal judge threw out and he said the settlement was neither fair, nor reasonable, nor adequate, nor in the public interest. I think that the thrust of that theory is that when SEC brings a lawsuit against someone, a bank or whoever, that they think has violated a law, after an investigation, and a settlement is reached, and there is no admission of guilt. Judges have taken a position that, well, if they really haven't found any facts, there is nothing to base the settlement on; then maybe it is not a legitimate settlement. This is going to create a little bit of havoc, I think, in terms of these settlements. I know that SEC has been criticized from time to time for just entering into settlements, never really going to trial. I am sure they would argue if they are against some big corporation, they don't have the time, the energy, and the money to actually pursue a full trial and end up with a judgment, which may or may not be true. But I just wonder, from your standpoint what you think, since I think that is going to be the subject of conversation, even though it is really more of a question in terms of priorities with the new Chairman. But as the inspector general, is that something that you think you would look into just--I guess you would look into the enforcement part of the SEC, just to take a look and see how the settlements are made and whether that is good business or bad business? Is that something you think you might pursue? Mr. Hoecker. Well, sir, the evaluation, to kind of address the first part of it, you are right. There is a third kind of pillar, if you will, in the IG community, that is evaluations. And that is somewhere between audit and investigation. It is usually a shorter duration, a more limited kind of scope or objectives. And I would think, in terms of any kind of metric that enforcement might use, we could do some kind of an evaluation in terms of analyzing what their metric was, how they achieved that. And if the metric deals with settlements, and I am not sure what that would look like, but if there are some trends where settlements are as you describe, then that would come out in that type of an analysis. Mr. Crenshaw. Got you. Thank you. Let me ask you a question about leases which seem to be problematic for the SEC. I think I mentioned in my opening statement that since 2001, we have actually doubled the amount of appropriations the SEC has. And they have had some extra regulatory authority as well. What we all want to make sure is that the money that we appropriate is spent wisely. And when it comes to leasing, the SEC hasn't done all that well. I know they are working through all that. But if you spend your money wisely, you have got more money to spend, obviously, if you don't waste it. But with all this--the lease that took place and then GSA came in all that is getting worked out. But the bottom line is that SEC leased a whole lot of space that they ended up not needing. I think I read there are 500 work stations in that new facility that aren't being used. So is that something that you are going to look into? I don't know what the final answer to that is. But I imagine that it is something that your office would review and probably be better able to tell us if the space is being wasted or if they have got plans to utilize the space. Is that something you have had a chance to look into or planned on looking into? Mr. Hoecker. I do know that the SEC OIG had done a review that kind of exposed that, if you will, and that the SEC is consolidating some things. I believe there is a facility in Alexandria they are moving into headquarters, to fill that space and get that ratio more in to conformity with the GSA requirements of if you have a certain grade of an individual, they would get X amount of square feet as an office. I do know that they are working toward that. As they work toward that and when they feel that they have kind of done what they can, I think that is something that my office could do a follow-up audit and figure out where they are and report out on it, sir. Mr. Crenshaw. That would be great. Mr. Serrano. Mr. Serrano. Thank you, Mr. Chairman. Sir, your testimony provides several examples of investigations that your office has conducted. And in almost all of these examples, the SEC has concurred with all of your recommendations, which is commendable, if not surprising, right, for any agency. It seems you have a very good relationship with the SEC. And I wonder if you could tell us about that relationship and tell us, in fact, if that is necessary. You know, when we think of an inspector general, many people see sort of a watchdog over an agency. So is it important to have--first of all, what is your relationship to them? And is it important whether or not you have a good one? Mr. Hoecker. Well, sir, that--to address that is the previous relationship that they concurred with all of the audits. But I realize your question deals with me and the value that I--that I have on the relationship. I think a positive relationship helps. When I was the IG of the Capitol Police, I had a very positive relationship with the Chief of Police and the Capitol Police Board. I think that just facilitates things. Because when you talk about change management, positive change management, the higher up the executives are involved, then that just helps that whole change. My expectation of the relationship is that I don't ever expect to be invited to anybody's Christmas party as an IG. I just don't, because that is not the purpose of an IG. Not that I wouldn't go to anybody's Christmas party and not that I am soliciting Christmas party invitations, but it doesn't break my heart that people aren't calling me. Just checking up on me, are agency management saying, ``Hey, how you doing?'' I just don't have that expectation as an inspector general. And part of that may be just my upbringing in law enforcement is the same way. But I intend to have a constructive relationship. I intend to meet the commissioners on a regular basis. I intend to meet the office and division directors on a regular basis, just to share what work I can share with them, just to resolve some issues, like recommendations. Because I think we probably all want change. So if I find something in an audit or an investigation, the facts are the facts. I think we pretty much agree on the facts. It is the fix that really is the agency's responsibility. And to the extent that the recommendations could better address a fix to a situation, then that is just-- and then that just makes it easier for the agency and more appropriate for the agency, because it is their responsibility. So not that they would change any of the outcomes of my report. But just in my job in meeting these--meeting the execs are to share with them what I found and to get buy in that this is a problem and it warrants sufficient attention to change. And that is the kind of way I practice being an IG, sir. Mr. Serrano. That certainly makes sense. And if you are short on Christmas parties, Mr. Crenshaw is--and the other guys would probably have a few around the time. We will probably still be in session so you probably can just come to one of our own. As the IG, you have a unique perspective on the agency's readiness for the work of Dodd-Frank. As you know better than most, the additional responsibilities are numerous, but the staff has not been significantly increased to deal with these responsibilities. I know again that you have been there a short time. But what are the consequences in your opinion of flat budgets in this important time of rulemaking? And, by the way, we want to be clear on something--at least I want to be clear on something. There is a big difference, as you know, of opinion in Congress as to what is wasting money and what is investing. So we don't want you to get caught up and having to sound like you are taking sides on that. But then your role is to see that they do what they are supposed to do, and at times, you also have an understanding of what they need to do. So based on that, as we ask them to come up with all of this work, can these flat budgets affect or--once before, you said they will have to make it work. But I want you to go a step further than that. You know, of course, they will have to make it work. But could their life be easier in doing what they have to do? Mr. Hoecker. When I said make it work--you are right. So there are only so many weekends you can work if you have X amount of things to do, whether that be Dodd-Frank or something else, another requirement. Requirements cost money, investments, as you say. And as somebody who runs an office, I will take all the investments I can get, so to speak. In other words, you know, if there are investments to be made then in my office, there are investments to be made in the Commission, then I think we should do it. I just don't think I am in a position to say that they have these, say, 10 items, for example, and they can only do 8 because of the certain level of budget. I just don't have that knowledge, sir. And that is really not something that an IG would do in terms of analyzing a budget that is submitted to OMB. What we would do is we look at, so, slices of the appropriations, slices of the funding to make sure that if, for example, in the leasing, if we don't think they are spending money wisely in a leasing situation or if we think they wasted money on IT, then this is something we would look at and report out on it. Mr. Serrano. I understand that. That is clear to me. But the time may come when, as you look at how they are spending money, and you are looking to make sure there is no waste, you also see shortcomings. And we would hope that whether or not it is the role of the IG, I am sure it can be interpreted as such that you see what is going on later on. Mr. Chairman, I want to make a suggestion, which is probably very unpopular. But it is clear that 4 weeks on the job is not nearly enough time to know all that is going on that one needs to. Yet we know because of Dodd-Frank, because of the Jobs Act, because of all of the issues on both sides of the aisle, the SEC will be an agency under a lot of Congressional scrutiny. So maybe we should establish something where we keep in touch with this particular IG. I am not suggesting another hearing. But as the session goes on, and as this 2-year term goes on, because I think the SEC will be in the forefront of a lot of questions being asked by both sides. Mr. Crenshaw. I think you are exactly right. And I think when we have--hopefully, a budget or even if we don't get a budget from the executive branch, we will probably have a hearing where the new Chairman of the commission will be before us, and we will ask some of those questions. And really appreciate his being here as new on the job. But I think some of the things that we are talking about are things that you are going to be looking at. You have immersed yourself in it already. But you are exactly right. The areas where he is finding that there are inefficiencies, then we want to hear about. And the areas where he thinks the SEC is doing a great job, we certainly want to hear that as well. So I think there will probably be an opportunity, if and when we have a chance to talk to the new Chairman. But certainly we will stay in touch. And, again, we appreciate the fact that just 30 days ago, you were put on the job. I think you have evidenced a really good understanding of what the issues are, particularly as they relate to your role as the overseer. Mr. Serrano. I remember when came to Congress in a special election, I walked in to get my voting card. They said, ``Go vote.'' I said, ``What are we voting on?'' It was the military action on Panama. It is costing a few dollars. I said, ``Oh, that is all?'' Mr. Crenshaw. That is all. Now I call on Mr. Graves. Mr. Graves. Thank you, Mr. Chairman. Well, I would say, I mean, if 30 days in the position, you have done a great job of grasping many of the issues that the panel has put forward today. I have another, and I hope you have a little insight into it. And if you don't, certainly would welcome a followup. But part of Dodd-Frank, and Dodd- Frank has impacted so many areas and so many elements throughout the financial sector. One was addressing streamlining the SEC. And it provided for the fact that a study must be done in which to streamline. And a group was contracted to do that, spent 6 months going through the process, and made many positive recommendations. And it is my understanding that maybe some of the recommendations have been implemented, but, for the most part, many have been ignored, and commonsense things: combining areas of interest and consolidating various departments and such, things like the private sector would do on a regular basis in order to streamline and be more efficient. But the SEC seems to be rebuking the recommendations that the law required that there be some recommendations of streamlining. So what can you do to ensure us, looking ahead, that the IG will be really aggressive in pursuing the full implementation of positive recommendations of efficiency and streamlining here. Mr. Hoecker. Well, sir, I am aware that they did hire a consulting group to make those recommendations, and I believe there was an implementation contract, and they are working some of those implementations. The degree of completion I am not aware of, but this is something that we definitely could consider in terms of a project to follow up on at some point and figure out of all the implementation or of all the recommendations of that first consulting group, what have we done? It is something we could definitely follow up on. [The information follows:] Our office does not have an independent body of work to draw from in order to opine on the issues associated with full implementation of BCG's recommendations. However, we note that the SEC, in its the three status updates in response to the BCG recommendations, represents that a majority of the recommendations been implemented. Mr. Graves. Yes, that would be good to do, because it is my understanding that nearly $5 million was spent on a report and a study, and I consider that a significant sum of money, to put forward a report to create more efficiency within an agency, or a commission in this case, and just to ignore the results, what does that tell our constituents back home? And why would this body go to such effort to put forward the thoughts and the ideas and allocate and appropriate the money to do that if it is just going to be ignored? So I certainly would welcome your follow up, in particular your plans and holding them accountable in the implementation of the streamlining and efficiency report recommendation. Mr. Hoecker. Yes, sir. I know they have done some of the implementations, but I don't know the extent. Like you say, there is probably some more out there that they need to fully implement that they have not. We will be glad to look at them and report out on them, sir. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Graves. Thank you. Mr. Crenshaw. Just a comment on that last question, the consulting group said, I think, for instance, that the SEC doesn't currently have a clearly articulated agency-wide strategy for its regional office presence, just as one of the areas that they need to work on, so I think that is something you all can kind of follow up with. Mr. Diaz-Balart. Mr. Diaz-Balart. No questions. Mr. Crenshaw. Mr. Yoder, do you have any more questions? Mr. Yoder. Just one quick one, Mr. Chairman. Thank you. Just one issue, Mr. Inspector, I wanted to raise that you might look at when conducting your efforts. In your testimony, on page three, you note that the SEC is subject to various statutory requirements to consider a proposed rule's, quote, ``effects on competition and the needs of small entities.'' I am concerned the SEC did not consider small entities when it proposed the conflict minerals disclosure rule and is failing to consider small entities' unique compliance needs now that the rule is final. We have dealt with some small companies in my district that have some real challenges being able to really comply with those rules and a business locally that was contacted, a small business that makes voting machines, surgical drills, and fitness equipment, in my district that was contacted by one of their publicly traded clients who needed disclosure about their use of conflict minerals and they have no idea how they would begin to comply. I brought this up last year with the SEC and I don't think we have gotten to the point where we are adequately resolving what to do about small companies with the burden that is unmeetable. My hope was that we could have some sort of de minimus rule that could be created that would give these companies an opportunity to comply if they meet a certain threshold, and we believe that is within the SEC's jurisdiction to create such a rule. Mr. Hoecker. Okay. Thank you. Mr. Yoder. Thank you, Mr. Chairman. Mr. Crenshaw. I don't haven't any further questions. Mr. Serrano, do you? Mr. Serrano. I don't, and whatever questions we may have, we will submit for the record. Mr. Crenshaw. Mr. Hoecker, just let me thank you again for your testimony, for being here, baptism by fire. We appreciate that. Thank you, Members, and I look forward to our next hearing. This meeting is adjourned. [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Tuesday, May 7, 2013. U.S. SECURITIES AND EXCHANGE COMMISSION WITNESS MARY JO WHITE, CHAIRMAN, U.S. SECURITIES AND EXCHANGE COMMISSION Mr. Crenshaw. Well, it is 2 o'clock so I will ask the hearing to come to order. I just want to make everyone aware that at about 2:10 there will be a vote called, but I think we will have time to get started. So I want to just begin by welcoming our witness, SEC Chairman Mary Jo White. Thank you for being here today and congratulations on your confirmation. The SEC has the unique and critical task of protecting investors, maintaining fair and efficient markets, and encouraging capital formation. These are things that touch the lives of many and have a profound and far-reaching effect on our domestic as well as our global economy. Since 2001, Congress has provided the SEC with additional regulatory tools and has drastically increased the Commission's annual appropriation, and yet the agency has missed major investor frauds like Madoff and Stanford, as well as several embarrassing management lapses such as purchasing unneeded space, destroying investigative documents and repeating material weaknesses in the SEC's own financial statements, just to name a few. So while the SEC has made some progress in addressing these lapses, I believe that some of these problems are symptomatic of the fundamental problems within the SEC's organization and structure, and this committee is not inclined to throw more money at the SEC until these fundamental problems are addressed in a meaningful and comprehensive way. The fiscal year 2014 request proposes another substantial increase of 27 percent the over fiscal year 2012 and a 33 percent increase over the sequester level. Just because the SEC is funded by fees does not excuse the Commission from rigorously managing the funding it has and certainly doesn't discharge this subcommittee from providing serious oversight. So I look forward to hearing how the Commission under new leadership intends to provide investors with confidence in the markets, take strong enforcement actions against individuals committing fraud, help facilitate access to capital for American businesses, and to effectively use and manage the resources provided to you to run your operations. The SEC is facing many challenges, including finishing up the Dodd-Frank and JOBS Act rulemakings, modernizing the technology systems and being thoughtful in tackling these challenges. I think there are a lot of rulemakings still left to be completed, and I hope that you will take a measured and thoughtful attitude toward that. Chairman White, we recognize that you have a very difficult job. We know that you and your staff are working hard and we appreciate your efforts. As the newly installed chair of this agency, you have the opportunity to make meaningful reforms and significantly impact the management and efficacy of the Commission. We appreciate your willingness to take this challenging position, and your experience, both as a prosecutor and in the private sector, should be very useful to you as you work to improve the Commission and the functioning of our securities markets. We look forward to working with you in partnership with you on these challenges, and we look forward to your testimony. Now I would like to recognize Mr. Serrano, the ranking member, for any opening remarks he might make. Mr. Serrano. Thank you, Mr. Chairman. I also join you in welcoming the new chair of the Securities and Exchange Commission, Mary Jo White, before the subcommittee. I must admit publicly that I was pleased when President Obama announced his nomination of Chairman White as the new head of the SEC. The SEC is our cop on the beat for Wall Street, and its enforcement and oversight duties are of the utmost importance in preventing another financial meltdown. I am heartened that we now have a former U.S. Attorney leading the agency because I believe you understand the importance of these core missions and ensuring the safety of our financial markets, preventing abuse of investors and in deterring future misconduct. Unfortunately, we cannot discuss the fiscal year 2014 budget request without talking about the elephant in the room, and I am not referring about my Republican colleague, Congress' failure to come up with a comprehensive solution to sequestration. For the SEC the sequester has resulted in a cut of $108 million in fiscal year 2013. Although the SEC has been able to avoid furloughs and layoffs, those cuts have come at the expense of your core roles, oversight of our financial markets, enforcement against those who engage in wrongdoing and implementation of the mandates that Congress has given to the agency. Based on the Ryan budget passed by the House of Representatives in all likelihood the agency's budget is going to be reduced even further in any legislation proposed by this subcommittee. I hope you can discuss the impact of the cuts that you have already endured as well as your views on further potential cuts to the SEC. I feel confident that we share a similar opinion on this subject that it is an unwise investment choice to reduce funding for an agency that plays a key role in ensuring a fair playing field in our financial markets. Your agency's budget request of $1.674 billion in fiscal year 2014 seeks to invest in efforts that will improve the operation of your agency. Moreover, the budget request will help continue the implementation of Dodd-Frank financial reform and will ensure that the agency has the resources needed to address your expanded oversight role. Your testimony does a pervasive job of laying out the case for the necessity of these increases, and I hope that my colleagues will take this request to heart. Although you have only been on the job a short time, I look forward to getting your thoughts on the SEC's current and future challenges. Once again we welcome you. Mr. Chairman, the elephant comment was about the GOP. There might be some young folks in the audience that didn't get that. Mr. Crenshaw. I didn't get it. Anyway, thank you, Mr. Serrano. I will now recognize Chairman White for an opening statement and let you know your written statement will be included in the record. So, please, the floor is yours. Ms. White. Thank you very much. Chairman Crenshaw, Ranking Member Serrano, and members of the subcommittee, I too look forward to working with all of you as we go forward and thank you for this opportunity to testify in support of the President's fiscal year 2014 budget request for the Securities and Exchange Commission and to discuss how the SEC would effectively use the $1.674 billion requested to support additional staff, technology and training needed to fulfill our mission. First, to acknowledge Public Service Recognition Week, I would like to express my appreciation to all public employees for the work they do every day and particularly to the staff of the SEC. Although I have been at the agency less than a month, I have been struck by their incredible commitment, talent and expertise. Our markets remain the envy of the world in large part because of their work writing effective regulations, ensuring comprehensive disclosure and vigorously enforcing the securities laws. In addition to enforcing those laws, the SEC currently is charged with overseeing 25,000 market participants and reviewing disclosures of over 9,000 reporting companies, a range of responsibilities that has increased considerably with the passage of the Dodd-Frank and JOBS Acts. With the resources provided by Congress in recent years, the SEC has bolstered its examination and enforcement functions, enhanced its technology and made important internal improvements. Much more, however, remains to be accomplished. The SEC's current funding level presents significant challenges as we seek to keep pace with the growing size and complexity of the securities markets. If enacted, our request would permit us to add approximately 676 new positions to improve core operations and implement the agency's new responsibilities. While our funding is fully offset by securities transaction fees and thus will not impact the deficit, we fully understand we must seek to use appropriated funds in the most efficient and effective way possible. More specifically, our budget request would allow us to expand oversight of investment advisers. The number of registered advisers has increased by more than 40 percent over the last decade while their assets under management have more than doubled to over $50 trillion. Yet during fiscal year 2012, the SEC was able to examine only about 8 percent of registered advisers and over 40 percent remain to be examined for the first time. Although we have at the agency employed more risk-based analytics to target advisers selected for review and those advisers examined in fiscal year 2012 represented 20 percent of the assets under management, significant additional coverage is essential. This request would permit us to hire 250 additional examiners to increase the percentage of advisers examined each year. Our request would also permit us to bolster the enforcement program and continue to send a strong message to would-be wrongdoers that misconduct will be swiftly and aggressively punished. We would focus our enforcement hiring on increased expertise in the securities industry, trial attorneys, forensic accountants and staff for the offices of the whistleblower and market intelligence. Our request would also permit 45 additional positions in the Division of Risk Strategy and Financial Innovation, a roughly 45 percent increase in the size of this essential function. These positions would be used primarily for additional economists to perform economic analyses in support of the Commission's rulemaking and other activities, including economists with expertise in analyzing high frequency trading data and market structure practices. The Commission's regulatory responsibilities also have expanded with respect to security-based swap registrants. To avoid bottlenecks and unintended market disruptions, we need additional technical staff to process requests for rule interpretations, registrations, and required approvals or exemptions. New staff will also be needed to supervise registered security-based swap dealers and other market participants. We are also requesting new positions for the Division of Corporation Finance to, among other things, review draft registration statements submitted by emerging growth companies under the JOBS Act and finalize remaining statutory rulemaking mandates. The additional positions also would allow enhanced review of regulations impacting small business capital formation. The SEC's need to invest in technology cannot be overstated. While the SEC is rapidly modernizing our systems, significant investments are needed to properly oversee the markets and entities we regulate. Technology initiatives that would be funded under this request include improvements to our system for receiving tips, our IT security and our IT infrastructure. In addition, we plan to use our statutorily created Reserve Fund to fund large, mission-critical technology projects, including our multiyear effort to overhaul the Edgar System and to construct the enterprise data warehouse which will create a central repository for SEC data and effect significant efficiencies in our ability to fulfill our mission. We are also working to reduce costs wherever possible, and have achieved substantial technology-related cost savings in fiscal year 2012 of approximately $12 million, including some initiatives that focused on more robust IT infrastructure, support contracts and savings in software maintenance contracts. We also seek to increase our training budget to keep pace with the rapidly evolving markets in areas of new responsibility. Effective training is essential to maximizing the efficiency and expertise of our staff. In conclusion, I appreciate your consideration of the President's budget request, and your support for the SEC's mission and its expanded responsibilities. It will allow us to better protect investors and facilitate capital formation, more effectively oversee the markets and entities we regulate and build upon the significant improvements the SEC has made to date. Thank you very much for inviting me to be here. I would be happy to answer your questions. [The statement of Ms. White follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Crenshaw. Well, thank you very much. They have just called a vote, but I think we will have time for the three members here to ask a question. We may take a recess. I think there are just two votes, maybe three. I will call on the members in terms of their seniority if they were here when the meeting started. Otherwise I will call on them when they get here and we will go back and forth from side to side. Let me just start by saying you gave us a lot of requests and if you go back and look, since 2001 I think the SEC's budget has increased like 300 percent. As I mentioned in my opening statement, I think this year you are asking for a 27 percent increase, 33 if you do it over the sequester number, and actually in 2012 there was $100 million more than the year before that. So as you can imagine, most agencies don't get this kind of increase every year, and I know that your budget is funded by fees and it doesn't come out of the general fund of the Treasury but we have to take our oversight role pretty seriously, so we have got to ask the questions. How do you think that the average investor has benefited from these large funding increases and when is enough going to be enough? When do you expect that you can stop asking for these dramatically large increases every year? You touched on some of the things that you are doing to be more efficient. Please talk about that. Ms. White. Well, let me say first that we appreciate very much the funding support that we have gotten at the SEC over the years and seek that support again through this request. I guess one of the things that I have been most struck by since I became chair of the SEC, I should have known this well from the outside, but certainly you know it better from the inside once you are there, is just how vast and difficult and complex the responsibilities are of the SEC in terms of protecting investors, facilitating capital formation, and really safeguarding the integrity of our markets. Those markets are also changing as we speak every day, and we need to keep up with that complexity and that speed with the work that we do. So we are cognizant of these budgetary times, we are cognizant of our mission. We have had additional responsibilities added to that mission which was already a vast one. So, we have tried to be as targeted as we can in these requests that we have made so it is a responsible request and we can do our job. Certainly I feel extremely strongly about being a faithful and strong steward for those moneys on behalf of the taxpayers. I think the agency has also certainly prior to my arrival made significant improvements to become more efficient and effective. I think others have testified before about a number of the restructurings in the enforcement and examination functions for example, and I think those have really yielded very good dividends. I expect to see more of that. I think those are extremely important functions for the SEC. So it is our responsibility that we have to cover and discharge. It is also our responsibility to spend that money wisely and very effectively, and I am certainly committed to discharging that responsibility. Mr. Crenshaw. Thank you very much, and we look forward to your bringing a fresh approach as you go about your job. Mr. Serrano. Mr. Serrano. Thank you, Mr. Chairman. You came in the middle of an uncertain budget year between continuing resolution and sequestration. You have had quite a challenge to say the least. What impact have you seen from this uncertainty and from sequestration? Ms. White. I think what I have seen is a number of things not being able to be done that again I think are critical for the agency to do to fulfill its mission. Certainly our agency, and I am sure others as well, have anticipated the possibility of the sequestration. I think our folks have done an excellent job in planning for that so that we don't expect furloughs, but we certainly have had to defer hiring for some of our new functions, including oversight of OTC derivatives. We have had to suspend and will have to suspend certain of the critical IT initiatives that would help our examination and enforcement functions. And so it is quite an impediment to the agency. But I am glad to say that we are obviously trying to safeguard as much as we can for our core mission, but it is very much felt. Mr. Crenshaw. Mr. Graves has a question and then let's see where we are. Mr. Graves. Mr. Graves. Thank you, Mr. Chairman. Chairman White, I guess congratulations and welcome to your new post. I had a quick question in relation to portfolio margining. In your presentation you spoke a lot about enforcement and I think we all recognize that is a very, very important role that you have there, but as well in your statement you talk about maintaining fair, orderly and efficient markets. So as it relates to portfolio margining, and Dodd-Frank contained a provision that addressed this, and while there is a lot controversy with that piece of legislation, a lot I don't agree with, there are certain components that may be beneficial, and this was one of those, one of the few beneficial provisions, for exchanges that I guess where the portfolio margining would help with exchanges and with customers alike. It is my understanding progress has been made recently with regard to permitting the holding of swaps, security-based swaps, in the same account, thus allowing customers to more efficiently use their capital. Can you provide us with an update on the rulemaking activities with the SEC for this issue? Ms. White. I think I can, at least to the extent of my knowledge. Obviously a major objective of Dodd-Frank is to promote the clearing of OTC derivatives such as credit default swaps and others. ICE Clear Credit has agreed to clear such transactions, which is a very, very good thing. The SEC has issued an order providing relief in terms of some of the margin requirements looking towards permitting the portfolio margining that is essential and certainly beneficial to the dealers and the customers. Essentially, some of those requirements became effective before all of the information was provided to the SEC in order to be able to approve the portfolio margining methodologies. So the SEC, I think in March of this year, actually issued letters to I think seven of the broker dealers to give them stopgap relief. There was some resistance to what the stopgap relief was, I think, in terms of higher margin requirements for the dealers. I could go into the rationale for that. But I think more importantly the bottom line is that since then the SEC has been very productive, I think, with constructive discussions with the dealers and with ICE to try to work out what would be an acceptable solution there. Mr. Graves. So you all are still working on that? Ms. White. Yes, we are. Mr. Graves. Okay, thank you. Mr. Crenshaw. Mr. Serrano. Mr. Serrano. Let me just ask you as a follow-up to that first question I asked, what are the long-term ramifications from your perspective on reducing oversight because of budget constraints? One of the big concerns that we have in all agencies is that the oversight that will be carried out or not carried out, and the IRS is collecting taxes and going after people who don't pay their taxes. In your case it is the oversight that we all need now more than ever. What do you think is the long-term effect? Ms. White. Of the oversight of the budget process? Mr. Serrano. Yes. Ms. White. If I understood your question. Look, I think, and I know there was a discussion before of self-funding for the SEC. It is deficit neutral funding. That doesn't change the oversight responsibilities of this subcommittee. It doesn't change the responsibilities of the SEC to effectively use those funds. I would hope that---- Mr. Serrano. No, I am referring to the SEC's oversight of people who may be---- Ms. White. I am sorry, I misunderstood your question. Mr. Serrano. I apologize. Ms. White. Clearly we need the resources to be able to do that, and we have gotten a number of new responsibilities. I think I cited we have 25,000 entities now that we oversee and we have more coming under the Dodd-Frank legislation in particular. So it is essential that we get the funding to be able to do that or we simply won't be able to perform our job. Mr. Serrano. Very briefly, Mr. Chairman, and this is in the record and can be seen, when I was chairman of this committee one of the surprises was having people from the SEC coming and basically tell us we don't need any more money. We have enough money. We later found out that what that meant was we have no intention of oversight and many can say that what happened on Wall Street happened in part because we weren't checking. And I don't mean the committee was not checking, the SEC was not checking. Mr. Crenshaw. Got you. Let me ask you one quick question, and then I think there are 334 people that haven't voted yet so I think we are in good shape. Let me ask you, we are talking about rulemaking. The Inspector General has criticized the Commission in terms of the cost-benefit analysis, especially in those Dodd-Frank rulemakings. And you understand that these rules have a pretty big impact on the business world and that is important particularly when we have got a struggling economy. I notice in your budget request you are planning on hiring some more economists and I would think that is a critical group for you to hire. So let me ask you about that. Is this a pretty big priority of the Commission, to have some more economists? What role are they going to play in the rulemaking process and are they going to be more active than they were in the past? It seems to me this is going to be a big step forward. Ms. White. I think there is no question that economic analysis, including cost-benefit analysis, is essential to our rulemaking function, and you rightly identify our economists as those that are intimately involved in that. The agency in March of last year actually issued guidance to enhance its economic analysis of its rulemaking. We have actually gotten some positive comments about the progress in that area, both I think from the Chamber and also in a recent GAO report, more recent than the IG report that you cite, although the agency was quite responsive to all of the recommendations. I think it is essential going forward. There is a significant 45 percent increase adding 45 economists to our risk analysis section. We get them involved earlier in the process to judge the economic impact of a rule, whether there should be a rule, what the alternatives should be, and whether there should be one at all, as I mentioned. It is absolutely critical. I think the agency is totally committed to the robust economic analysis of its rulemaking and I think it has enhanced itself over time in that analysis. Mr. Crenshaw. That is encouraging. I want to be sure, and I am sure you are aware, of how important that is in terms of the folks that you regulate. Now, some of those suggestions by the Inspector General, I guess you don't agree with everything, but some of the criticisms they had of you trying to implement those---- Ms. White. I am not sure precisely which ones we are speaking of, but I know that the agency was responsive to a number of recommendations by the IG with respect to enhancing economic analysis. I think they have been responsive to recommendations coming from a number of corridors doing that. Certainly I would be responsive to recommendations that obviously I agreed with, but nevertheless it is a priority that our economic analysis continue to be robust, and if need be, enhanced as we go forward. Mr. Crenshaw. Great. Well, I think, Mr. Graves, do you want to ask a question? The clock has run out, but we are pretty fast. So we will go over there. I know some of the other members probably were going to wait until after votes to come, so it may be 15 or 20 minutes, but with your great understanding, I am going to recess the committee for a short period of time. Thank you. [Recess.] Mr. Crenshaw. I will call the meeting back to order. Again, thank you for your patience. I think some members may be straggling in from time to time. Let me just finish up one of the things that you and I were talking about, the rulemaking process and the economic impact and the cost-benefit analysis. One thought I had, I don't know if this is something you all do, kind of a look back at the rules and regulations that from time to time once a rule is promulgated that maybe after a year or two that you kind of review that rule, see if it accomplished what you wanted to accomplish, see if it cost what you thought it might cost. Is that something you all have thought about or would that be a good idea? I know everything has changed, as you say, and you got to look to the future, but would it be helpful to look back and see, make sure there aren't any unintended consequences, make sure that things are working out the way you had them planned? Ms. White. With respect to that, I think that we rely on a very robust post-comment period as well from the parties affected by the rules. It is not a formal notice and comment after you adopt the rule. Certainly you want to remain on top of the markets and the impacts of your rules. But I think primarily we rely on the input that we get from our own monitoring of the rules as well as comments we get from those affected. But I think there was actually a GAO study in 2007 that suggested that actually prescribing a formal look back might not be as efficient as actually sort of receiving input from those affected every day. So we certainly are cognizant of that, but at least to my knowledge there is not a formal program to do that. But we certainly do monitor our rules and we are in constant dialogue with those we regulate. Mr. Crenshaw. I think that makes sense. I wasn't suggesting that some sort of official procedure take place, but it sounds to me like you are doing just that, when you promulgate the rules, and as you informally look back and see if they need a change or if they are working well. So I think that is good. Let me call on Mr. Serrano. Mr. Quigley wasn't here and he just got here. Why don't we do that, even though Mr. Serrano was here first. Mr. Quigley. Let Mr. Serrano go first. Mr. Crenshaw. Mr. Quigley insists that Mr. Serrano go first. Mr. Serrano. I have never been so loved. So the big issue that we always continue to discuss in Congress or at least among ourselves is, you know, can what happened in 2008 happen again and what role can the SEC play in making sure that it doesn't happen. And we come back to the point of can you do that without getting all the staff positions you need? We know that we are in a budget cutting situation and some folks think you cut right across the board, but all agencies, of course, are important, but this is the one that has to keep an eye on making sure that that which caused such a huge problem in our economy doesn't happen again. What can you tell us about that? Ms. White. Well, there is no question that obviously none of us want anything like that to happen again. I think I can say this as the relative newcomer as chair to the SEC, that there is also no question that the SEC is absolutely critical to seeing that it doesn't happen again, critical to our markets in general. And I also think we were given over 90 rulemakings under the Dodd-Frank Act designed to prevent that, frankly, by greater regulation. So it is critical that the SEC be able to carry out those rules as well as those under the JOBS Act. Without the resources, it makes it very, very difficult. Then even once adopted, those rules have to be implemented, enforced, monitored. And we have new regulated entities, registered entities coming on board all the time that are really quite resource intensive. One of the effects of sequestration is that we are not as able to do as much as we would like to do to build for those new entities that we oversee, and it is critical that we be able to do so. Mr. Serrano. Briefly how many rules are we talking about and how many are in place or ready to go? Ms. White. The SEC under Dodd-Frank has adopted, or proposed about 80 percent of the rules under Dodd-Frank, but that doesn't mean all are adopted. So there are a lot that remain to be done, including the Volcker rule that there has been a lot of discussion about. Under the JOBS Acts those rulemakings remain to be done. And one of my highest immediate priorities, as I said at my confirmation hearing, is to get those congressionally mandated rules done as promptly as I can and as well as I can. Mr. Serrano. Thank you. Mr. Crenshaw. Mr. Bonner. Mr. Bonner. Thank you, Mr. Chairman. Madam Chair, I apologize for being late, so if I go into two questions that have already been covered you are happy to refer me to the record and I will be happy to go there and not ask you to repeat yourself. The first one deals, and I know you have only been in your current position for a couple months, so thank you for your public service and your career of public service. But the first goes to the Stanford victims. And like many victims of Congress I have some in my district that I have met with and felt their frustration, felt their loss, felt their hopelessness that they were not being adequately looked after by their Federal Government they have paid taxes to all these years. The SEC, as you know, recently launched a lawsuit against SIPC in the Federal District Court which it had pursued on behalf of the Stanford victims. They allege that the SEC, or at least the ones I have talked with in Alabama, failed to properly make their argument and specifically that they improperly agreed to SIPC's incorrect stipulations of a particular set of facts. The Stanford victims that I have met with over the years agree to SIPC's incorrect stipulations--I am sorry, they argue that the SEC had agreed to SIPC's stipulations, contrary to the fact that for many Stanford victims these stipulations were simply not accurate. So the constituents I have, in particular Craig and Cynthia Nelson of Magnolia Springs, Alabama, which I would love to have you come down and visit, it is a beautiful little community, they are concerned that with the SEC agreeing to stipulations that they were not supposed to have agreed to on behalf of the victims, that it jeopardizes their ability going forward to recover funds. I know the SEC has appealed the District Court's ruling, so technically it is still up in the courts. But if you had an opportunity to visit with my constituents or others from wherever of the 50 States and territories, as Mr. Serrano likes to remind us, if you were sitting down with them, what would you say in terms of the SEC's handling of this to date? Ms. White. Well, first I would obviously express, as I am sure you and many others have, the deep regret that they have suffered the loss that they have suffered. I mean, this is obviously a huge Ponzi scheme with pervasive illegal conduct that harmed many, many people. I think with respect to the SIPC issues and the lawsuit, my understanding of that is, and I have looked into it factually, at least to some degree, is that I think for the first time actually in the SEC's history, and this was really in pursuit of trying to redress the harms that were done to your constituents and other investors, the SEC instituted an action to require the initiation of a SIPC liquidation. That is the lawsuit that the SEC lost in the District Court, as I understand it, on a legal theory that I think was essentially unrelated to the factual stipulations that you are referring to. Certainly, as I understand those, either unrelated to the legal theory or consistent with the legal theory, the SEC's legal theory being that even though your constituents may have invested in let's call it the Stanford bank rather than the broker-dealer, that in effect the broker-dealer that is covered by SIPC constructively had their moneys too, which would mean that they would be covered by the SIPC Act. So that is something that we obviously disagree with the District Court's decision in that. The SEC really did and has and will continue to pursue that very, very aggressively. But I think from what I know of the litigation, that is how it came to rest where it came to rest, and now it is on appeal and the SEC is obviously pursuing that vigorously. Mr. Bonner. Shifting gears, thank you. The organizational structure of the SEC has been a longstanding problem, certainly long before you arrived in your current position, with more than 20 different divisions and offices all reporting directly to the chair. In the 2010 report, the Boston Consulting Group identified a need for a significant reorganization as one of four priorities, and it is my understanding that the SEC has submitted to Congress three of four reports on implementation of the BCG recommendations as required, yet to date the only reorganization the SEC has undertaken has involved an administrative support of offices, as I understand it. So two observations and a question. One of the major issues identified by the Boston Consulting Group report was a lack of a formal structure to resolve disputes between major SEC offices. Can you tell us what actions you will take as the SEC chair to address the silo problem that exists under the current SEC structure? And secondly, as the new chair will you act on the recommendations of the Boston Consulting Group and undertake a comprehensive reorganization of the operating divisions of the SEC? I will say at the outset, being from Alabama as well as the State of Florida where the chairman is from, the distinguished chairman, the SEC in our part of the world is the Southeastern Conference. So I know the difference between the two when I ask the question. Ms. White. Actually, I asked for that job but no one would give it to me. But let me just say that I think the fourth of those, which is the final of those reports, I think was just submitted to Congress from the SEC. My understanding is that there were essentially 20 sets of recommendations for new initiatives, including some of the restructuring recommendations that were made by the Boston Consulting Group, and 16 of those 20 have actually resulted in an implementation plan and the other four are continuing to be worked on. My further understanding is that in terms of some of the restructuring suggestions actually before the Boston Consulting Group was retained, the Enforcement and Examination Divisions of the SEC underwent significant restructuring, I think to very good ends. I have been there one day less than a month, I guess, but it will be something I will be looking at across divisions. And also responsive to the recommendations, each of the other major divisions has a managing executive now too, which I think has been a real management enhancement. That grew out of the Boston Consulting Group review as well. The SEC has moved on to what I call the support operations of the organization. One recommendation, for example, from the Boston Consulting Group was to merge the executive director of the SEC with the COO's office. That has been done, I think to a very good end and very good efficiencies. I will be looking across the agency obviously for further enhancements and improvements, but I think the SEC has made significant progress based on those recommendations and their own initiatives. In terms of siloed information, that is obviously something that you need to deal with in any organization because you will not function effectively with the silos. I think my management style is to break down silos anyway. I think my predecessors achieved a lot of progress in that arena as well, and certainly I bring everyone together to do that and hopefully will walk the walk and talk the talk as well. So I look forward to doing it. Mr. Bonner. Thank you, Mr. Chairman. Mr. Crenshaw. Thank you. Mr. Quigley. Mr. Quigley. Thank you, Mr. Chairman. Madam Chairman. Last year as you know we passed a couple measures that required companies that file with the SEC to disclose information about their dealings with Iran. The first question is do you have the resources to make sure that there is compliance with that requirement, those requirements? Ms. White. Again, one of the divisions where we are seeking I think 25 additional positions is the Division of Corporation Finance, which actually is the division charged with the review of public companies' filings. The Iran requirement became effective, as I recall it, in February of this year in terms of filings made, and I think we have received now, if I have my number right, 242 such filings to date, and I think that is really up-to-date. Somebody gave me the number I think yesterday or today. The Division of Corporation Finance selectively reviews filings, including those with Iran disclosure. We also require that those making those disclosures give notice on EDGAR that they have made such a disclosure, which helps one not to lose it in the bulk of the disclosures that are made. We then give immediate notice to Congress, the President, Treasury and the State Department so that they can pursue that. So it is an area in which we certainly are carrying out our functions. It is obviously a relatively new set of disclosures that we are reviewing for the last few months, but it is very important that we do so. Mr. Quigley. Let me know if I am mistaken here, but I have had people address concerns that the Chinese energy firms, two of them, have failed to meet the specific requirement about these level of disclosures that they have with the government of Iran. Is that your understanding and where are we at with that issue? Ms. White. I would be happy to get back to you on the specific instances that you mentioned. Clearly as a process matter what should happen if there is deficient disclosure is the usual comment back and forth between Corporation Finance and those companies should be occurring. But I am happy to get back to you on the specifics of that. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Quigley. I would appreciate it. And last, the SEC recently filed charges against my home State, the State of Illinois. The quote was that Illinois misled municipal bond investors about the State's approach to funding its pension obligations. Now, for those of us in Illinois, pension troubles are no surprise. There is nothing new. It continues to be a major issue. But can you elaborate to any extent on how Illinois was able to mislead investors? Obviously this is an ongoing situation, but would setting disclosure standards for municipal issuers help avoid this kind of issue in a more generic sense? Ms. White. The answer is it is a priority of the SEC to deal with the disclosures in municipal financing. Mr. Quigley. Illinois is not alone. Ms. White. Illinois is not alone. I believe this is the case, this is our third major action of this kind and it remains a priority, so they are definitely not alone. Obviously we are talking about enforcement actions. The SEC has also made recommendations in a report to Congress about, among other things, enhanced disclosures. We don't have powers over those disclosures as we sit here now except through the broker- dealers who actually do the financings themselves. But it clearly remains an issue. Mr. Quigley. We didn't set standards I would assume you would think, right? I know you don't have the powers, but someone needs to set these. Ms. White. No, I think you certainly want that disclosure to be more robust than it has been and we certainly see those issues, and not just in your home State but in others with respect to underfunded pension plans and other issues frankly as well. It is a market that needs real attention. Mr. Quigley. I appreciate that and I appreciate your getting back to us as you suggested and following up on the issues dealing with the disclosures of ties to Iran. Ms. White. Happy to do that. Mr. Quigley. Thanks for your service. Mr. Crenshaw. Thank you. Mr. Womack. Mr. Womack. Thank you, Mr. Chairman, and congratulations, Madam Chairwoman, and I wish you the very best in this position. As you know, the JOBS Act was signed by the President in April of 2012 and it provided language in there that provided a year for the implementation of regulations, and it has been a little more than a year. Can you fill me in on where we are in that process? I know you are new to the job here, but where are we in the process? Ms. White. Again, what I can say is, and I said it at my confirmation hearing and I think I mentioned a little bit earlier, but my top priority, I mean I guess I identified three immediate top priorities, is to get the Congressionally mandated rulemaking done, and that is Dodd-Frank but it is also JOBS Act. I am spending a great deal of my personal time in driving those rulemakings. I can't give you a specific timetable. They are under active discussion with the staff and the Commissioners. But I am absolutely committed to getting them done as promptly as possible. Mr. Womack. Even though you can't give a specific timetable, can you give us a season maybe? Ms. White. That might not tell you anything I guess if I gave you a season. All I can say is that we are actively engaged in that process. Mr. Womack. This year? Ms. White. As we speak. Mr. Womack. Will it be this year? Ms. White. I certainly hope so. Mr. Womack. Okay. Among other things, the JOBS Act had some shareholder registration and deregulation, or deregistration thresholds for bank and holding companies. Unfortunately, it did not explicitly extend those new thresholds to the savings and loan holding companies, even though Congress did not intend to treat them differently. And by the way, there has been legislation filed, in fact it was in Financial Services today, it got a voice vote, but my understanding is that the SEC has the authority to extend the new thresholds to the savings and loan holding companies. Why at this point has the Commission chosen not to do that? Is that something that you are tracking? Ms. White. I am tracking that, and my understanding is that it is still under discussion and consideration whether we can do that by rulemaking. But that is something I am focused on and will remain focused on. I am very aware of that issue and indeed have been in discussions as early as this week on it. Mr. Womack. Well, just thinking out loud, if there was a positive opinion registered about do you have the authority to extend that threshold, would it be your intent to extend it? Ms. White. Again, my understanding is, and, again, I don't want to get ahead of the internal discussions or my legal advisers at the SEC, but I think---- Mr. Womack. Hypothetically. Ms. White. But I think the sense is that this was an oversight that should be corrected. Mr. Womack. And we agree with that. That is all the question I have, Mr. Chairman. Thank you. Mr. Crenshaw. Thank you. Ms. Kaptur. Ms. Kaptur. Thank you, Mr. Chairman, and welcome, Ms. White. I am really glad to have you here today and wish you well in your new duties. I have two questions. The first is kind of to provide some perspective. In order to prevent major financial calamities in the future, retrospectively going back to the 1980s and 1990s, can you unwind the market shifts in housing investment instruments that caused the financial crisis and why the SEC failed to capture their risky nature early on? Kind of looking back. And what do you know now that you didn't know then? What could you be looking for? What footprints were out there that for some reason was not caused by an agency that spends $1.5 billion a year? Ms. White. Well, I think it goes beyond the SEC. I think we are trying to appreciate more what folks missed and didn't understand, and we are trying to regulate better to prevent that from repeating itself in the future. I think the SEC is predominantly a disclosure agency, and so one of the things you want to be sure of is that investments tied to the real estate market, securitizations and the like, have the full range of disclosures. That is something that indeed we are mandated under Dodd-Frank to attend to and we have attended to under Dodd-Frank so the disclosures are out there for people to see. I think the theory of our regulation at the SEC is that good full disclosure to investors can prevent a lot of harm that occurs otherwise. Ms. Kaptur. But could you for those of us who don't spend our time in the financial markets extending risk beyond what would be prudent, what really happened? Ms. White. I am not sure I or anyone can quite answer that. In terms of the housing market? Ms. Kaptur. Yes. I mean you had a loan, it turned into a bond, and then the bond into a security that was sold internationally in tranches. How did that, from a historical standpoint, who started that and how did it flower inside our financial system without apparently all these regulatory agencies understanding the full nature of how very risky that was? How was that possible? Ms. White. Well, I think, again, commissions, committees and others, experts have spent a lot of time gathering a lot of information specifically with that retrospective kind of look and come out with actually differing conclusions to some degree. So I wouldn't profess to have that degree of knowledge on this to respond to your question. But I would say that I think the downturn in the housing market has occurred. I think it did occur to the surprise of many. Why did that happen? If there had been better disclosure, better attention paid to that, would we have caught it earlier? Certainly those are among the conclusions that others have reached. Why were there securitizations? Again I think from the SEC's perspective, we are a capital markets regulator. Investors make their choices in different investment products. Our job, and it is a big job, is to make sure that the disclosure that they are given with respect to those investments are full and fair so that they can make informed decisions. Ms. Kaptur. Are you saying that the collateralized debt obligations, for example, had no disclosure? The problem was that it wasn't disclosed at some point? Ms. White. I think there have been many examples including I think in the enforcement arena where the disclosures were not adequate, no question about it. The SEC has brought quite a number of quite important cases with respect to structured products, the deficiencies, and the disclosure that accompanied them. Ms. Kaptur. Well, don't you think it is awfully important to totally understand where the system failed in order to fix it? Ms. White. I think there is no question about that. Ms. Kaptur. How could the government of the United States have missed this? Ms. White. Well, you know, again, that is a broad question. I know it is intended to be a broad question. It is something that I think--it is a multi-factored, very complicated picture. I don't think it is a simple one. And as I say, many committees and commissions, have spent a lot of time, a lot of investigative efforts doing that retrospective look. Plainly what we are doing going forward is designed as a government, as a U.S. government, to prevent that kind of crisis from occurring again, and to prevent the kind of systemic risk that could be introduced into the system. That is something that everybody, not just the SEC, but all the regulators are very much focused on. Ms. Kaptur. Are there not certain types of derivatives, for example, where disclosure will not be required? They were exempted under Dodd-Frank? Ms. White. Well, I think what Dodd-Frank has essentially done is, among other things, mandated rulemaking to regulate the over-the-counter derivatives market. It was not regulated before essentially. Ms. Kaptur. But there are some exemptions, are there not? Ms. White. There are. Ms. Kaptur. Yes, and what might those be? Ms. White. Well, there are different exemptions depending upon what arenas we are talking about. There are various exemptions, for example, from the Volcker Rule in terms of proprietary trading. I don't want to--there are certain exemptions with respect to hedging activities for customers, which is certainly needed to occur or the market making exemption. There are exemptions--what you don't want to do when you regulate and respond to a crisis is to over regulate beyond what you are intending to do so that you actually cause harm you are not intending to cause. So it is a massive effort. It is a massive effort that has been assigned to the regulators to sort out with statutory prescriptions, but as smartly as we can, exemptions included. Ms. Kaptur. Mr. Chairman, I know my time is up, but it seems to me incumbent upon all the regulatory agencies and this White House to understand in sheer utter detail where the train started going off the track in the late eighties and early nineties. By the mid-nineties we were already positioned for a major catastrophe forward and the instruments that were created were not detected. It seems to me that there needs to be a postmortem here by important regulators like yourself. And to the extent you could provide to the record, maybe talking with some of your colleagues now responsible for regulation, let us know looking back retrospectively where those instruments were created, what year, by which institutions, that ultimately led to very high risk behavior and instruments that the regulators missed and when that happened. It just wasn't spontaneous combustion. It was actual actions by individual institutions and very high risk behavior that was undetected inside our system and has resulted in the largest transfer of wealth in American history from Main Street to Wall Street and the loss of a majority of equity, for example, in the African American community of this country. It is a shift of wealth that is extraordinary, and I think it would be important for the SEC staff and for the Commission itself to understand where the train started going off the track back in the early nineties, late eighties--early nineties. I thank you very much for your appearance today. Thank you, Mr. Chairman. [The information follows:] For information, please refer to the insert titled ``Questions for the Record From Congresswoman Kaptur''. Mr. Crenshaw. Thank you. Mr. Yoder. Mr. Yoder. Thank you, Mr. Chairman. Chairman, thank you for being here today and congratulations on your new appointment. We look forward to working with you. The SEC recently proposed a 650-page rule on the cross border application of the Dodd-Frank law to security based swaps. First of all I want to commend you, Chairman White, for issuing a proposed rule in accordance with the Administrative Procedures Act which governs the way in which administrative and independent agencies may propose and establish regulations and mandates cost-benefit analysis and notice and comment from regulated industries. As you may know, the CFTC has taken a different route. It also has regulatory responsibilities for cross border swaps. However, instead of engaging in a formal rulemaking process under the Administrative Procedures Act, CFTC Chairman Gensler has chosen to issue interpretive guidance without the approval of commissioners. That has resulted in some challenges for those folks that deal in those industries. And we have had major G-20 regulators from around the world commenting that the guidance from the CFTC is flawed and will cause major economic challenges in relations in terms of regulation between these countries. I guess first of all why did the SEC choose a rulemaking procedure as opposed to a guidance as the CFTC has chosen and what benefits does that offer? Ms. White. I think I would say in response to that that the ordinary course for the SEC is to engage in notice and comment rulemaking. Obviously we can give certain guidance from time to time and proceed differently. These are extraordinarily complex regulations. The market is uniquely global. The complexities really are quite extraordinary. We were pleased to put out, actually unanimously last week, a very robust rule we think that is out again for public comment. We have gotten pre-proposal comments as well. We have been engaged in very active dialogue with the CFTC. We have studied the comments they got on their interpretive guidance. We have been in discussions with many other commenters and we will be now that the rule is actually proposed, including our foreign regulators. We really need to get this right. Obviously we are trying to prevent the risk to the U.S. from this marketplace, but to do it wisely and in full consultation and as smartly as we possibly can. It is not easy to do. We obviously will listen to all views now that the rule is out, but we were quite pleased to put it out last week. Mr. Yoder. Well, I appreciate that, and I certainly appreciate the collaborative approach of building consensus that has occurred at the SEC, and I am very concerned about the CFTC's language, as are certainly foreign regulators. I guess what can the SEC do to work with the CFTC to ensure that there is some consistency between these things? Certainly there are unique areas of regulation and that is why we have both the CFTC and the SEC involved in their own separate processes. But as you can imagine the complexities that exist already in this area of financial regulation and to have two agencies who may have separate regulations, some of which at the CFTC may make it impossible for foreign regulators to have a role because of the constraints put in place, I guess how can you and the SEC play a role in ensuring that both procedures are done in a way in which, since you are regulating many of the same folks, can be consistent in their application? Ms. White. Our mandate is to coordinate and consult with the CFTC. I think everybody recognizes that it would be optimal if there was consistency. The markets are somewhat different. There could be some differences. I would say with respect to the interpretive guidance that the CFTC has put out as well as some of what they have said in some of their no action exemption measures, there are a lot of consistencies between the SEC and the CFTC. But it is very important to continue this dialogue because it is a uniquely global market with regulators around the world who are in this space and very focused on it. So we are going to continue in dialogue with the CFTC and with our foreign counterparts to try to do as best we can to be consistent and put out the best possible rules on this, carry out the statutory objective, but also to take cognizance of how global and complex this market is. Mr. Yoder. Thank you for that. I have a question on a different topic, if I might, Mr. Chairman, if I have a couple minutes. The Fourth Amendment to the Constitution speaks to the right of people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures. There is legislation being introduced in the House and the Senate related to the privacy rights of individuals related to their email. There have been some agencies that have opined that individuals do not have an expectation of privacy when it comes to their email correspondence. I happen to strongly disagree and believe that Americans expect that their email is not being read by the Federal Government. We have instances where this is happening without the knowledge and without any sort of approval process from the Judiciary. It is essentially self- executing powers by Federal agencies. There is a bill in the Senate, there are bills being introduced in the House related to this. And I guess first of all, do you think this is an appropriate power that these agencies hold, yours included, that allows these departments to read individuals' emails without any sort of oversight by the Judiciary? No check on that power. And if you think about any other situation in your home or your personal papers, the Fourth Amendment protects those rights, that without a warrant or without proper oversight that we have a reason to expect our own privacy. Do you think that is appropriate and would you support legislation to restrict those powers in a way that still keeps the investigatory tools of the SEC but respects the privacy rights of email for the individual? Ms. White. Well, there is no question that privacy interests are extremely important. I mean, I think we have actually weighed in with a letter. I believe we are talking about the same piece of legislation. The SEC, among other agencies, will in its enforcement function in particular subpoena emails from individuals and also subpoena them historically from Internet service providers. I think the current legislation, we have a worry from our enforcement perspective, sweeps too broadly there with regard to Internet service providers, because it can result in our not being able to issue those subpoenas. You could have a system that requires a search warrant for those. I think that some have advocated that. We obviously don't have the search warrant powers in the SEC. The Justice Department has that, where if you got a warrant you would have to go before a judge before you could do that. But I think we have to be very careful that we aren't really gutting the enforcement powers. I think we have to be very sensitive about the privacy interests, but I do worry about aspects of that legislation. Mr. Yoder. Do you think the current powers the SEC holds are appropriate given the Fourth Amendment right to protection and right of privacy without unnecessary searches by the Federal Government? Ms. White. I do. Mr. Yoder. Okay. Well, we are going to have a debate about that in Congress, and many of us disagree, and we think that Americans do expect that they have a right to privacy in their email, and the idea that the IRS or the SEC or any Federal agency would be reading their emails without due cause or without any sort of oversight from the Judiciary that we use for every other portion of our lives, whether it be our person, our effects, our papers, our housing, that somehow email would not have the same expectation of privacy is a real issue for a lot of Americans. I think it is something that Congress is going to debate. We would love to have a partnership in ensuring that we have a way to continue to have proper investigatory powers, but the status quo is completely unacceptable to many Americans and I think it is going to be something that Congress is going to have to address. Ms. White. I appreciate those comments completely and I will make sure we are not ships passing in the night. What I am really referring to is the Enforcement Division subpoenaing of emails, not reading them realtime. So I take your point. Mr. Yoder. Thank you, Mr. Chairman. Mr. Crenshaw. Thank you. I think we will have time if people have another question, but I would like to ask you one final question and that is about money market funds. The SEC regulates them. I think most people know those to be among the safest investments. You put a dollar in and you are supposed to be able to get a dollar back, so it is a great short-term investment. As you know, in 2008 during the meltdown it wasn't the case. They called it breaking the buck. When you put a dollar in and there was a run on those money market funds, then there was a time you only got back 97 cents. As I understand there is nearly $3 trillion in money market funds. I know it is something you all are thinking about proposing some rules for, and any time when people start talking about rules there is concern that somehow they could have a negative impact, such as increase the borrowing costs, or change the nature of the instrument. Can you just comment very briefly on what your view of that is? Is that something you take into consideration as you try to safeguard these financial instruments? And also, are there any other short-term vehicles that you know of that would be alternatives? Because these are used, as you know, by individuals, by businesses, by States, and municipalities. Please talk a little bit about your view of reform of the money market funds. Ms. White. First, I agree that they are very important products, both to investors and those companies who engage in short-term borrowing. And you cite the incident in 2008 obviously the cause of great concern and runs on the funds so- to-speak. The concern is the systemic risk and also that retail investors may be late to the party in redeeming, and so you need to sort that out and deal with those phenomena. And the SEC in 2010 actually did engage in rulemaking which I think did increase the resiliency of the money market funds. We are engaged in further discussions about further reform, and I am expecting the staff to make recommendations to the Commission in the near future. But as we do that, talking about economic analysis, we have gotten from our economists at the end of last year an excellent study that was in response to three of our commissioners' questions that was directed to impact kinds of questions, what may have caused the runs on the funds, et cetera, and what the effect of various reforms might be. So that is a very important study in our analysis. And also as we engage in this discussion and further reform, we want to do what we can not to harm the product as well. Mr. Crenshaw. Thank you. I think that is important. As you know, when the government came in to insure those, nobody lost any money and we are through that difficult time. But I think that is an important short-term investment vehicle that so many people use and it is important to our economy. Thank you for that. Mr. Serrano. Mr. Serrano. Thank you, Mr. Chairman. Chairman White, I think the SEC has been more vigorous than ever in pursuing wrongdoing. However, I am concerned about the various reports regarding the SEC's settlement policies with those accused of unlawful activities. In some cases the SEC has obtained settlements with individuals in which they do not have to deny or admit guilt even though these same individuals have pled guilty to criminal charges elsewhere. Do you think the SEC is doing enough to obtain admissions of guilt in settlement agreements and do you think the SEC can obtain enough deterrence value from a verdict in which an entity doesn't admit any wrongdoing? And part of the question will be if you had all of the funding that you needed, could you then devote to trying to get convictions, if you will, or admissions of guilt, or is this just a policy that says that this may be one of the few places where people don't ever have to admit they did anything wrong? Ms. White. I have several responses to that. I guess first, the no admit-no deny settlement protocol has been used not only by the SEC but a number of agencies. This is on the civil side. Obviously the SEC doesn't have criminal powers for many, many years, and I think to very good end in many cases, where you essentially get nearly all and perhaps all, sometimes more of the relief than you would get after you litigated and you have no litigation risk whatsoever. You get that money to the investors very quickly. The SEC has actually changed its policy in cases where there is a parallel criminal matter, where the Department of Justice, for example, will get admissions as part of their resolutions with institutions. The SEC also at least generally will get those admissions as well. So having said that, among the many things that I am reviewing as the new chair is that policy and protocol. I understand the desire for accountability not only by institutions but individuals, but I will also say that the SEC's settlements, whether they are administrative or they are judicial, lay out a very detailed statement of facts so there is no real question about what the conduct was. But I take your point, and among the things I am reviewing with the Enforcement Division is that policy. Mr. Serrano. Well, that is good to hear, because, you know, one of the comments, and again I mentioned to you some of the comments that we make amongst ourselves when we are on the House floor before a vote or doing a vote or whatever, in the elevator, is that 2008 was such a dramatic thing that happened in our country, such a fiscal tragedy, if you will, fiscal crime in many cases, and yet the feeling from most Americans are that no one paid a price for that, other than the investors and the economy and the American people, that no one went to jail for that. So how confident are you that we as a body and you as an agency can convince the American people that folks are not going to get away with something, at least get away with it again? Ms. White. Well, first, I think it is absolutely essential for not only the SEC's enforcement function but any prosecutor, any enforcement function, to have credibility with the American people, that when there is wrongdoing there will be detection, there will be aggressive pursuit and investigation, and there will be punishment and accountability. I would say that I think the SEC doesn't, of course, have the criminal power, so it doesn't have the ability to put anybody in jail. But I would say that I believe that the SEC's record in financial crisis cases is really quite impressive. Essentially they brought cases I think against 157 individuals or entities. They got either disgorgement or other penalties, $2.6 billion, most of which goes to investors. Sixty-six I think of the individuals that they charged were CEOs, CFOs or other senior executives. I think 70 percent, if I am recalling it correctly, of the financial crisis cases against individuals were brought as litigated cases. So that is not a situation where that began as a no admit-no deny situation. And I don't want to imply that I don't think, even after our review of various policies--I think there is a significant role for no admit-no deny settlements in every civil agency, because it saves resources, you do not incur the litigation risk, and you get lots of money to investigators a lot quicker. But nevertheless I will be reviewing the scope of that. Mr. Serrano. Well, we appreciate that. Mr. Chairman, I will have a couple more questions for the record. But let me just thank you for your service in general to our country and specifically now in this position. And your challenge, which I am sure you know, is partly due to your success in your other positions that you have held, so many people have sighed a sigh of relief knowing that someone now is going to be really scrutinizing the situation. And that is the challenge we have as a Congress and the challenge you have personally. But we know you are up to the job and we congratulate you again. Ms. White. Thank you very much. Mr. Crenshaw. Ms. Kaptur, do you have another question? Ms. Kaptur. Yes. I wanted to continue and ask, for most of my adult life people got mortgages as loans and generally the local bank held it or sold it off into the secondary market. But at what point did that loan, to your knowledge, did it become a mortgage backed security? The name of your regulatory body is the Securities and Exchange Commission, so I take it that your agency would be particularly knowledgeable about when the instrument turned from a loan to a mortgage backed security. Am I correct in my understanding? Ms. White. I am sure the agency is very knowledgeable about that. I believe that the securitizations such as you are referring to I think began, that product I think began to be used in the 1980s, I believe. Ms. Kaptur. Yes. I would be very interested for the record, unless you unwind why your ship crashed you are likely to do it again. So I am very interested in how that occurred and how it eluded the regulators within the SEC in terms of its riskiness. I am wondering what happened. And many institutions then having those loans put into some other place and retaining no ownership at all in that loan, what happened and which institutions. Would your commission have the ability to identify through its records which financial institutions first brought those deals forward? Ms. White. I don't know which institutions. I think there are public reports that talk about this. I don't think the fact that securitizations were occurring was unknown to the marketplace. Once it developed in the 1980s, I mean, the market was an active one and I think not an unknown market. I think again what I had said earlier is I think reflected certainly in our enforcement cases is what was the disclosure about those securitization products. Ms. Kaptur. Yes. And there are institutions, I understand one of them is in Illinois, that actually pivoted off of auto securitization into home mortgage securitization, and back about, oh, the early 1990s I think had the largest fine in American history placed on it by the Office of Comptroller of the Currency. I am remembering back about $450 million, it was the largest ever placed on an institution at that point in American history. So something went wrong there. What is of interest to me is knowing that, how was it that that process was allowed to move forward and not carefully regulated by the SEC, since they were securities? What was missing in the law or your regulatory authority? How did that instrument elude regulation? Are you able to tell me that by going back through your legal staff? Ms. White. We can certainly provide further information for the record in response. But, again, I think we are talking about, as we are speaking now anyway, about disclosures about these securities. Ms. Kaptur. Correct. Ms. White. But we can certainly try to elaborate on that for you. Ms. Kaptur. And I am trying to understand what was it about that moment that created this force inside the financial system that went unregulated? I mean, it is truly extraordinary. So I don't remember anything like it in my adult lifetime. So I am really interested in how you as a commission viewed that moment in history, the people who were in place, because I think we can learn something from it. And how it avoided regulation, how it went undetected by the SEC for all those years. You weren't the only place, but you do have the title Securities and Exchange Commission. So I am wondering was it the definition in the law that was flawed, was it some mysterious financial instrument that eluded regulation? What happened back then? Could you go back and ask your staff to take a look at that and tell us what occurred back then that allowed for this securitization and the various instruments that were used? I think one was called an RBS, it was a security. I don't know if collateralized debt obligations came under your purview or whether that was over at the CFTC. I am not sure. But something happened with these very high risk instruments that went undetected. What was the pattern of that instrument inside your commission? Was it even seen? You know, I am thinking back, you know, what happened there? Was it our fault as a Congress that something was exempted from the law? I am wondering if you could provide enlightenment by going back to that period in time and see why those types of securities involved in the mortgage crisis were not regulated by the SEC. I am looking backward now, not forward. I am trying to understand what happened. Do you have the ability to do that? Ms. White. I think what I should probably do is let me see if I can give you a further response after I go back and speak with the staff on this. Again, let me do that. [The information follows:] For information, please refer to the insert titled ``Questions for the Record from Congresswoman Kaptur''. Ms. Kaptur. Thank you very much. Then my second question and my last question for the record, looking forward, if you look at the cases that have come from the SEC now that have yielded some compensation back to individuals who have been harmed or regions that have been harmed, could you suggest which of those might have been the most effective in moving dollars back to individuals and communities that have been harmed? What were the causes of action that were the most, to date, the most effective in getting justice to harmed individuals and communities? Ms. White. I think the financial crisis cases that I just mentioned in terms of the numbers of dollars, the high volume of dollars, I mentioned $2.6 billion that the SEC has achieved through those financial crisis cases either by way of disgorgement or penalties, most of which goes back to investors, I think those cases have been very successful. I think by definition you want every harmed investor to get as much compensation as possible. Obviously we have been talking about scarce resources, but I think those cases actually delivered a lot of money back to harmed investors very successfully. Ms. Kaptur. Is your commission aware or could you provide for the record any communities across this country where, for example, a city, county government, a school district, had pension funds or investments that were impaired by certain financial companies that gave them faulty advice or fraudulent advice and therefore those funds lost money, impacting those communities. To your knowledge have there been any such investigations by your commission or any communities that have been found that experienced that type of loss and has that been litigated? Ms. White. Certainly people across this country in all communities can suffer losses at the hands of a securities fraud, and certainly the SEC has brought cases that have pursued those and pursued those in many cases to achieving a fund for investors in various communities. But I can try to respond further for the record. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Ms. Kaptur. All right, I thank you. Thank you, Mr. Chairman. Mr. Crenshaw. Thank you. Chairman White, thank you so much. You have a very impressive background as a prosecutor and in the private sector, and I am sure that that background and experience is going to be useful to you as you undertake this new challenge, and we look forward to working with you to do what we can to make this a better place. Ms. White. Thank you very much. Mr. Crenshaw. Thank you for being here today. This meeting is adjourned. [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Tuesday, March 19, 2013. GENERAL SERVICES ADMINISTRATION WITNESS DANIEL M. TANGHERLINI, ACTING ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION Mr. Crenshaw. Good morning, everyone. The hearing will come to order. Welcome to the Subcommittee members and to our witness, Acting Administrator Dan Tangherlini of the General Services Administration. Welcome to all of you and thank you for your public service, and that of your staff. Last year, as you know, GSA made headlines, but for all the wrong reasons. Lavish spending on conferences, food, and entertainment; employees accepting gifts from inappropriate sources; excessive spending on relocation expenses, travel for virtual employees, and employee award programs; and most troubling, non-compliance with federal procurement law. Now, GSA is supposed to be the federal government's procurement expert, but disregard for procurement laws, regulations, and policies is what got GSA into trouble. I am committed to preventing this kind of outrageous behavior from taking root again at GSA, and I know that you all are, too. So you are here today because you are committed to expelling waste and extravagance from the GSA, and making GSA more efficient and more accountable. This Committee appreciates your commitment, but I believe Congress needs to continue to closely oversee your activities to ensure that the funds entrusted to the GSA are spent appropriately. In order for our bill to move through the appropriations progress, we will need to convince our colleagues on both sides of the aisle that GSA has changed. And for years, this Subcommittee has been pushing GSA to make better use of its existing portfolio of buildings. And to that end, we included a square foot limitation on GSA's inventory of leased and owned space in our 2013 House bill. And I was heartened to learn that the administration is now working on how to implement that freeze through the federal government's real estate footprint. The next step is to reduce the footprint. Staffing levels at the federal agencies are falling, and, with that, so are their office space requirements. In combination with disposing of surplus properties, a reduction in GSA's real estate portfolio is within reach. We are not here to discuss the 2014 budget because we do not have it yet, you do not have it yet, and we hope to have it soon. But I am hopeful that initiatives like the freezing of the footprint are incorporated into the President's budget. And that way, we can begin to reduce the Federal Buildings Fund's expenses. I hope together with our staff that we can work closely to unlock the potential for hundreds of millions of dollars of savings each year, through improved property management and procurement. If we can, then we can restore the American public's trust in your agency. Once again, welcome. I appreciate your service and I look forward to hearing your testimony. Now I would like to turn to my friend and colleague, Ranking Member Serrano, for any remarks he might have. Mr. Serrano. Thank you, Mr. Chairman. I would like to join you in welcoming acting GSA administrator, Dan Tangherlini, before the Subcommittee. The General Services Administration plays an important role in the federal government, both as a landlord and as a procurement hub. I will be interested in hearing how the sequester and the related budget uncertainty are affecting you, both directly and indirectly, through your role as a supplier for other agencies. With this central role as a supplier, the GSA has an opportunity to do a lot of good for the federal government by improving efficiency and helping agencies to bring down their cost. Unfortunately, the agency's mission has been obscured over the past year by various controversies. Entering in their wake, you obviously faced a large challenge. I look forward to hearing how things are going at the agency now that you have had some time to get your feet under you and understand what the agency needs to improve. I know that on the property management side you are currently dealing with costs related to excess rental properties. Although you must deal with the impact of the sequester, I am interested in learning what steps you are taking to consolidate agencies into federally-owned space. With a still recovering economy, it would seem like a good time to invest in new buildings that would save us money in the long run. The GSA plays a major role in ensuring that our government is operating efficiently. That role is even more important as sequestration continues. I am concerned about whether, with the sequester, you have sufficient resources to do that job. I look forward to your testimony on this and other issues, and I thank you for appearing before us today. Thank you, Mr. Chairman. Mr. Crenshaw. Thank you, Mr. Serrano. I would like to now recognize Acting Administrator Tangherlini. If you could keep your remarks to about five minutes or less, we will have more time for questions, and your written statement will be made a part of the record. Please. Mr. Tangherlini. Yes, sir. Thank you very much, and good morning, Chairman Crenshaw and Ranking Member Serrano, and members of the Committee. Thank you for allowing me to appear before you today. And at a time when budgets are tightening across the government, the work of GSA is more important than ever before. I was appointed by President Obama almost a year ago as the Acting Administrator of GSA, in the wake of some very well- publicized mistakes at the agency. For my first day on the job, I worked with the women and men of GSA to ensure that such a breach of trust would never happen again. One of my first tasks was to start a top-to-bottom review of the entire agency that examined every aspect of how GSA operates and what reforms could be implemented to help us better accomplish our mission. This review gathered comprehensive feedback from employees at every level of GSA, as well as the businesses and federal agencies who work with us. As a result of what we have learned, I have implemented a number of common sense reforms to save taxpayer dollars, increase accountability, and make GSA a more efficient organization. This past fiscal year, we reduced our spending on travel, IT devices, and printing, to end the year 43 percent lower than our fiscal year 2010 baseline for those items. In travel alone, we saved $28 million by revising our internal travel and conference policies. Last year, we reduced bonuses throughout GSA by 64 percent. In addition to all this, we created more than $5 million in savings directly from employee suggestions through something we call ``The Great Ideas Hunt.'' These are significant savings. But if we are going to provide our partner agencies with the services they need, it is important that we ensure our own agency is operating as efficiently and effectively as possible. The top-to-bottom review has shown a widespread duplication of support services throughout the agency. In response, we are consolidating several of those administrative functions to strengthen and support GSA. Consolidating administrative activities enables us to align and streamline the way we provide services, such as IT, HR, and Finance. This will increase transparency and accountability throughout the agency. It will also improve the quality of these services for our own employees. If we can provide the most effective and efficient services possible in our own operation, then we will be able to fulfill our mission of delivering the best value in real estate, acquisition, and technology services to the government and the American people. I thank the Committee for their cooperation and suggestions in development of this consolidation effort. Our job is to get the most out of every dollar so that our federal partners can focus on their own missions. GSA has the expertise and the ability to deliver significant savings for our partner agencies. Through the buying power of the federal government, we are able to negotiate leases that, on average, are more than 11 percent below market rates. This has created an annual savings of $30 million across our lease portfolio in realized cost avoidance. We also work aggressively to ensure that the facilities we own are being used to the maximum extent. Nationally, GSA's vacancy rate is 3.1 percent, far below the private sector average of 17.4 percent. In fact, if our vacancy rate was as high as the average in the private sector, it would cost the taxpayers an additional $1 billion in this year alone. In addition to helping customer agencies save on space, GSA's strategic sourcing initiatives create significant savings by getting agencies to collectively commit to purchasing certain commodities at the best value. By buying once and buying well, strategic sourcing has saved the American public more than $300 million since 2010. GSA has also been able to negotiate prices for our office supplies that are 13 percent below what we have previously paid. This has already saved more than $127 million. At the same time, we realized these significant savings; we also need to ensure that we directed expenditure towards small businesses. Seventy-six percent of the dollars spent in that office supplies strategic source initiative went to small businesses. GSA is committed to the continued evaluation of our own processes so that we can find innovate ways to provide greater value to the American people. But our work is far from done and I am confident that, with your support, we will continue to find common sense reforms within GSA. I thank the Committee for the opportunity to testify today and I look forward to answering your questions. [The information follows] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] SEQUESTRATION Mr. Crenshaw. Well, thank you very much. Let me start the questions by picking up on what Mr. Serrano said in his opening statement, this whole issue of sequestration. You know, you are not really impacted, other than a few small policy offices. You are not really impacted in the sense that your clients pay you, they have experienced a cut, and if we cut you, then that would be a double cut. So you are in a sequester-free zone. And it almost makes your obligation even stronger to make sure that, as you work with people that are experiencing these cuts, to be as efficient as you can. And I just wonder, you know, we all agree here that we would rather be able to have targeted cuts and say this is something working, and we, maybe, add additional revenue; and here is a program that is not working and we might eliminate it. But we are living with a sequester. And I wonder, from your standpoint, as you deal with these agencies that are going through these cuts, what are they saying to you? Are they kind of clamoring to have lower rents, or whatever you are providing for them? And can you give us an idea they are being impacted as it relates to what you do? And then also, do you help them in ways that they might, when they look at these cuts, and they have to be more efficient, and they have to find places where they can spend less, are there ideas that you have in your exchanges with them? Could you touch on those two things? Mr. Tangherlini. I think that is a fantastic question, and I appreciate the thoughtful approach to it because, yes, GSA does not have much in the way of direct impact on the organization because so little of our resources are directly appropriated. Most of our funds come through rental payments to the Federal Buildings Fund or through industrial funding formula money that comes out of people making expenditures through the Federal Acquisition Service into the Acquisition Services Fund; if you think about it, since we are downstream from those cuts, that has a long-term impact, one that we are very concerned about, and looking at it, very closely, for the organization. More importantly though, to your point, really, it challenges us to recognize that our role, the whole reason why we were set up as an organization, was frankly to leverage the scale of the federal government; to drive down the costs of basic, common administrative services and operations. And so shortly after I got over to GSA, I started visiting my colleagues over at other agencies, meeting with deputy secretaries and secretaries, and saying, ``What could we do to help you save money?'' And I was always cordially received, but I have to say, I am pretty enthusiastically received right now. And we are trying to find specific actionable projects around rent consolidation, around common acquisition; the strategic sourcing initiative that has been led by OMB, in particular, has received an awful lot of interagency support. So I think, really, this is the time for GSA to show its value. This is the time for GSA to demonstrate its worth and to really make amends for things that happened leading up to my being here. I think this is really an important time for GSA to show what we can provide agencies in the way of savings and solutions. Mr. Crenshaw. Thank you very much. Mr. Serrano. TOP-TO-BOTTOM REVIEW Mr. Serrano. Thank you, Mr. Chairman. Mr. Administrator, you have been at GSA for almost a year now and you have undertaken a complete examination of the agency in that time. I appreciate the opportunity to ask you about the top-to-bottom review that you instituted at GSA, and I want to start just generally. What has been the biggest surprise to you in getting to know this agency? Mr. Tangherlini. Well, I have to say the biggest surprise has been a pleasant surprise. And that is how many high- quality, committed, dedicated public servants there are at the organization. What I found is that some of the folks who are most enraged and upset about, you know, the events of last Spring, the revelations of last Spring, were the people who worked at GSA who had committed decades of their lives; they committed their public service careers to making this organization better, every day. I also found, though, that there are opportunities where GSA could take a little bit of its own medicine; where we could cooperate and collaborate more; where we could share and rely on each other more; where we could leverage our own scale as an organization; where we could do things once and well within GSA, and get a better, more efficient GSA. That is what led us to bring before this Committee a description of what we are calling CXO, and that means CIO, CFO, Chief People Officer, consolidation activities, so that we could get much more efficient as an organization and do a better job of serving our agency partners. But we have just started down that road. I think that the key outcome of the top-to-bottom review is that any good organization never stops reviewing itself from top to bottom. Mr. Serrano. And speaking of organizations, you have had experience with many different agencies. What did you find at GSA, when you did find deficiencies? Are these unique to GSA? Have you seem them elsewhere? And, in asking that, how is GSA different than other agencies you have dealt with? Mr. Tangherlini. Well, I have never worked at anything quite like GSA. You know, the mandate that GSA has is so substantial, and the size of the impact the organization has on the government is bigger than anything I have specifically led before. But there are a lot of common problems across these organizations. Having transparency and visibility into good information so that you can make solid managerial decisions is a deficiency I have found in many of the jobs that I have worked on. What I can say is unique and special about GSA is the role we play in supporting every other agency's mission. And it is a very important role; it is easy to forget, it is kind of like the plumbing in a house. It is not the kind of thing you think about until it is broken. And no one gets excited about it when it is broken; no one is happy to pay to plumber's bill. So we have to figure out a way that we can more effectively, and efficiently, and reliably provide those services; provide good, solid information to decision makers such as yourselves; give good feedback within the organization to our agency partners. And I think, in general, just do a better job of trying to be more transparent and more clear about places where we can make continuous improvement. Mr. Serrano. You know, when those issues came up regarding travel, and conferences, and so on, it opened up the door for some folks, some of my colleagues, who are not crazy about GSA to begin with. And you cannot blame them, in a way. It was a pretty bad situation. So there has been so much criticism of GSA. Now I want to ask you a different question: What can we be doing to help you? Besides giving you more dollars, which is always a difficult thing around here these days. But what can we be doing to help you as you undertake not only the full study, but you are charged with the responsibility now of turning this agency around from the perception that it was failing in so many ways. Mr. Tangherlini. I really appreciate your asking that question, because I think we need a collaborative partnership focused on the same outcomes, and I frankly think a well- running GSA is not a partisan issue. This is the basic operations of government. This is the basic underlying administrative services that support these vital missions of working to cure cancer, and protecting our border, and supporting air traffic control; those core basic things that the government does. So I think engaging in an ongoing dialogue, understanding what our limitations are, understanding, perhaps, some of the complexities that we face; working to recognize the value of high-quality, efficient service delivery on the facilities side, as well as on the acquisition services side; helping us make the appropriate information technology investments so that we can support agencies in operating more efficiently; giving them more transparency into their spending so that they can operate more efficiently; I think that is the kind of partnership that we could continually work on developing. Mr. Serrano. So, Chairman, before I yield my time, just something that you have been a part of and other members of the Committee, this Subcommittee, more than any other place in Congress, has been very active in reminding all federal agencies that besides the 50 states, we have territories. And I personally take a big interest in that, as you'll see me tonight rooting for one of the territories in the World Baseball Classic. But we hope that sometime down the line you can tell us, without, you know, bogging you down with a report, on what is the work the GSA does in the territories, how it responds, and, in general, to remember that while they may not be states, they are still American citizens and should be treated equally. Mr. Tangherlini. I appreciate that. As you can see from my bio, I was the city administrator and deputy mayor here in Washington, District of Columbia; not exactly a territory. Mr. Serrano. Close. Mr. Tangherlini. But in that experience, gained some sensitivity to the unique nature of the ``non-state'' parts of the United States. Mr. Serrano. Thank you so much. Thank you, Mr. Chairman. Mr. Crenshaw. Thank you, Mr. Serrano. Mr. Bonner. FEDERAL COURTHOUSES Mr. Bonner. Thank you, Mr. Chairman. I am going to admit upfront I am going to be parochial with my questions, and I told the Acting Administrator upfront of my concern. We have been trying to get a new federal courthouse in Mobile, Alabama for 18 years. And 18 years ago, I had a lot more hair than I have got. I was in my 30s and not my 50s. And with the pressure on the budgets and the pressure on all agencies to cut back, I told the Acting Administrator in private, if we are going to have a total freeze, we are not going to have any construction, or any renovations, or any new starts anywhere in the country or its territories. I would never ask that you put a project in my district on the starting block. That would be hypocritical of me. But once we started and got down the path on this journey, 10 years ago, GSA actually came up with the recommendation that we needed a new courthouse. We needed it because the old courthouse has a leaky roof; well, you can repair that. We have got mold and mildew, and it has got a lot of problems, as GSA has noted. Under the leadership of the chairman at the time, Mr. Serrano, we elevated the concerns to the point that when we got to the starting point, when we made it on the GSA list, not our list, but the GSA list to be eligible, we would be teed up and ready to go. Had this thing called a stimulus bill back in 2009; they were looking for shovel-ready projects. This was a shovel-ready project. And, again, thanks to the leadership of the former chairman, current ranking member, we were able to put a downpayment on some $50 million into the funding of this. Fast forward, here we are in Mobile, as I understand, it is currently number one in line. Now, again, if we are not going to do any construction anywhere in the country, then I can certainly accept that. So my question to you, Mr. Tangherlini, is, is Mobile still in the number one spot in terms of federal courthouses that are on the list to be constructed? Mr. Tangherlini. The simple answer is that from the list prepared by the Administrative Office of the Courts, the Mobile courthouse is still the number one courthouse for a replacement investment. Mr. Bonner. Okay. With that response, recent developments lead me to be concerned that there may be an effort to reconsider this. A review was ordered. The initial feasibility study was, as I understand it, shelved; a new feasibility study has been ordered. So my question is two-pronged on that. To your knowledge, and if you cannot answer this today, if you could look into it and respond back to us, are the judges in Mobile being involved at every step in terms of this new feasibility study? And is their input being sought in terms of, if we are downsizing space of the building, you would think you would be able to get the building closer to the money we currently have or close to it. So are the local judges being involved in this new phase of this, and could you tell us where they are? Mr. Tangherlini. No, I appreciate that. It is my understanding that the judges are involved in every phase, that we do involve the local judiciary in these discussions. There is a broader set of standards that Administrative Office of the Courts have developed. They actually have developed now a five- year plan, which is, as you know, over the last 18 years, quite substantial progress in the way we manage, administer, rank, prioritize these courthouses. At the same time, through a lot of pressure, financial pressure on the organization, pressure from this body as well, Administrative Office of the Courts have been looking at how you shrink the space needs. Ideas like courtroom sharing have come into the fore since you probably started this journey. So I know there are ongoing discussions about that, trying to figure out how to move this project forward, understand what the resource needs are, but do it in a way that reflects the needs and the interests of the local judiciary. It is a lot to weigh in balance there. Mr. Bonner. Well, courtroom sharing is one thing. Sharing an elevator for the judges and the people who have been accused of serious crimes is, from a safety standpoint, this building is so obsolete. So can you tell us, and Mr. Chairman, I am going to submit most of these questions to the record. But I would like to know, from your perspective, Mr. Tangherlini, how will OMB's ``Freeze the Footprint'' initiative impact the current status, the feasibility study and the status of the Mobile courthouse, if any? Mr. Tangherlini. It is a great question. I am afraid I do not have a clear answer for you. But I can talk a little bit about the Freeze the Footprint program in general. The idea is to look across agency assets and try to freeze, and frankly, also decrease the square footage across agencies; in this case, we would look at the entirety of the judiciary. And so at the same time we are asking questions about the investment; in Mobile, for instance, we are looking at, say, the replacement of the L.A. courthouse which will shrink from 800,000 square feet to 500,000 square feet. So net-net, we are going to try to arrive at a freeze, and, frankly, our own goal is to try to also find ways to help agencies drive it down, because every dollar spent on space is one dollar less spent on program or return to the taxpayers. Mr. Bonner. I would say that, as I understand it, I might be mistaken, but as part of the review of the need in Mobile, one of the factors was that the Marshal Service was going to need less space, the U.S. Attorney's office moved out, they moved to a commercial space because the current building was not adequate for them. I do not know whether we know with certainty whether they would consider moving back in the new building once it is constructed if that were an option for them. I know I am in a commercial building because, again, there was not space in the federal building in Mobile. So, again, Mr. Chairman, I apologize to take up time with the Committee on something that is important to me, but I guess the final point I want to make is, is that, in a bipartisan way, Chairman Serrano, Chairwoman Emerson, now Chairman Crenshaw, we have limited ourselves in terms of our ability to have input in some of the decisions that the executive branch makes. That is a discussion for another day. But I think when a building makes it up to the top of the list, and there has been previous expression of intent by Congress to support the list, and not politicize it, but to support it, I just hope that we can make sure that those opportunities continue to go down that path. Thank you, Mr. Chairman. Mr. Crenshaw. Thank you, Mr. Bonner. Mr. Serrano has a comment he would like to make. Mr. Serrano. Just to say for the record what the gentleman has said is totally correct. This has been, was, is, in my opinion, I hope, a top priority for this Subcommittee. And as ranking member, I still support the project that this Committee supported with great strength and with dollars at that time. And we do not know what has happened, but everything the gentleman has said is correct, and I just wanted the record to show that. Thank you, Mr. Chairman. Mr. Crenshaw. Thank you, and thank you, Mr. Bonner. Now I will turn to Mr. Yoder. FEDERAL REAL PROPERTY PROFILE Mr. Yoder. Thank you, Mr. Chairman. Mr. Acting Director, thanks for coming today, and I appreciate your testimony. One of the things we are endeavoring to do is we look to try to balance the federal budget, get our books balanced here, find smart ways to reduce spending, and I think that is hopefully the goal of every member on this Committee, is to find ways to run all of our agencies and federal government the most efficiently and effectively to save tax dollars for the hard- working Americans that pay them. And so I wanted to discuss a little bit about the property that the federal government owns, and specifically how we determine what property we own, where it is located, how the public has access to that. And I thought you might speak about that a little bit, and I had a few questions for you. First of all, is the GSA real property profile available to the American people? Is there a website, for example, we can go to and look for property the federal government owns? Does the GSA have the real property profile in a geographical information system, GIS? Is there a map I can click on, look for government land and buildings? So how is that information accessible to the public? And then second of all, not only how we account for it, how it is accessible, but do we keep statistics on things that the federal government owns? Specifically, how many parking garages does the federal government own? How many golf courses does the federal government own? How many hotels does the federal government own? How many grocery stores does the federal government own? I think bringing that information to light would help the country have a dialogue about where we can reduce some of our property containment in a way that might save taxpayer dollars. Mr. Tangherlini. Now I think your points are excellent, and I think that is key to managing the organization better. Any good business is always looking at what its assets are and how it can maximize the best outcomes of them. I think you have to understand, in a way, the relationship of GSA to federal property. We actually only own, or control, or manage about 10 percent of the entire federal government's federal property assets. We assist the OMB in developing the Federal Real Property Profile, but that data is entered entirely by other agencies, and so agencies have to maintain and update that data. We have made big strides in transparency in that data internally, just beginning the ability to share it among agencies and getting visibility into it within a GSA. But to your point, I think there is still a lot of work that we can do. And I commit to working with this Committee and with other agencies in OMB to try to find ways to give people more understanding and better window into what the real property assets of the federal government are. I think it is for that reason why the Administration has put forward--and we have seen other proposals, both in the House and the Senate-- for something along the lines of a civilian BRAC process by which you would really dive into the issue and ask ourselves: Where are those properties that are not getting the highest and best utilization? And how do we get them back into the economy? And, frankly, realize the results and the benefits. Mr. Yoder. Is there another agency that maintains the records of the real property that the federal government owns? Mr. Tangherlini. So, each agency has their own real property management system. Mr. Yoder. But there's not one agency that would maintain all of the records on behalf of taxpayers and on behalf of the federal government. Mr. Tangherlini. Not all of the records. What happens is each of the agencies need to upload information around a certain number of specific elements into something called the Federal Real Property Profile. Mr. Yoder. That occurs right now? Mr. Tangherlini. That occurs right now. That system is maintained by GSA and overseen by a project run by OMB. Mr. Yoder. Okay, so GSA does have the information about every piece of property, and every building and entity that all the federal agencies own, because they are all required to upload that to you. Mr. Tangherlini. We maintain the Federal Real Property Profile which has those elements, a certain number of elements, an agreed-on set of elements among the agencies, and then it is up to the agencies to ensure that they upload it. Mr. Yoder. So there is no policing to determine whether agencies are uploading it? Do we have an idea of how much compliance is being done? How much of the property that the federal government owns does GSA have logged into that database? Mr. Tangherlini. Well, so, we only know what is logged into it, so we do not know what is not logged into it. And that is the problem. That is the delta you are looking for. The GAO has recently conducted a study that commented on the quality and the accuracy of the data. There are issues about the way we describe elements that could allow for the quality, the accuracy of the data to be degraded. So we are working very closely across the agencies to try to improve the quality as a demonstration of trying to get to the best possible quality. Within GSA, we did statistical sampling of properties within Region 4, the properties we controlled. And we found that we were within 97 percent accuracy. Mr. Yoder. But that is your own 10 percent that GSA owns. Mr. Tangherlini. That is our own 10 percent. Mr. Yoder. So we really do not know how many properties the federal government owns. There is no one who can answer that question. GSA could not say that they had an accurate sample because they are dependent upon federal agencies to upload that information. I mean, so, I think you could say with some accuracy we do not actually have an understanding of the total amount of federal property that we own. We could not say with accuracy specifically how many parking garages we own, how many hotels we own, how many grocery stores we own. We just do not have that information. Mr. Tangherlini. Well I think, I think the question is what level of accuracy. Mr. Yoder. Do we not have that information in an accurate format? Mr. Tangherlini. Well, I think we have it in a format that has a level of accuracy. The question is, how accurate is it? And that varies agency by agency. Mr. Yoder. How accurate is it? Mr. Tangherlini. Well, that, again, it varies agency by agency. I know that the GSA data is reasonably accurate as evidenced by our work done in Region 4. We are going to keep working on Region 4, and, in fact, we are going to work with a couple of other agencies to test their data as well. Some of it, as we have discovered, has to do with the way the elements are defined. An entire military base, this is a generalization, may be described as one asset. And you could have a facility on that asset that is of very low quality. You take a picture of that and you say, ``Look, if the base is viewed as good, how can this thing with a roof caved in be considered good?'' And so what we have to do is get a clearer statement of what those data element definitions are, make sure that the agencies adhere to those definitions, and then go back and check and police the data. Mr. Yoder. I just think you would agree, it seems like we cannot say with accuracy how many properties we own and we also do not know the level of accuracy of what we do own. So it is not that we know we are not completely accurate; we do not even know what level of accuracy we have. That is a real problem when it comes to managing the assets of the federal government and ensuring that we are properly spending resources. If you do not know what you have, how do you know how to effectively manage your resources and to make sure that taxpayers are not wasting dollars. I mean, the first step is knowing what we own, correct? Mr. Tangherlini. And I think it is a concern we share. And that is why we have been so committed to working on these issues, that is why we have proposed the Freeze the Footprint. In order to freeze it, people have to have a better understand of how big the footprint is. That is why we have been committed to focusing on improving the quality FRPP data, as well as this idea of pushing forward ideas that we have seen. You know, proposals in both branches of Congress, both houses of Congress, that are based on the same theme of saying, ``Look, we need to move forward on getting assets off the books that we do not need.'' Mr. Yoder. Certainly as we go forward in this process, efforts by the GSA that you are describing need to continue. I think we certainly need to improve those. And we need to work to fully understand where these assets are and to get our accuracy up to a level. I mean, 97 percent is GSA. We do not know what the accuracy is of the other agencies. And I think that is a real concern. And I think the American people would love to be able to not only know what they own, but be able to go onto a database, and be able to go online and find it. And I think it would be astonishing to a lot of taxpayers that we do not have the ability to do that. And, Mr. Chairman, with that, I yield back. Mr. Crenshaw. Thank you. Mr. Quigley. Mr. Quigley. Thank you, Mr. Chairman. To my colleague's point, I think maybe Mr. Chaffetz had been speaking to him because Mr. Chaffetz and I have introduced legislation that would require the GSA to maintain a public database listing all federal properties, excluding certain properties in the Department of Defense for security reasons. But it raises an excellent point on all this. The bill also empowers the GSA to provide agencies with technical expertise to help them dispose of unneeded property, and creates a pilot program where GSA and OMB will identify and dispose of 15 high-value properties. So we are working along those lines, but certainly appreciate your support. Mr. Tangherlini. In preparation for the hearing, I read your bill. Mr. Quigley. Now there is three that have. Mr. Tangherlini. Yes, okay. I think there are a lot of elements in it that have consistency with the Administration's proposal, and, obviously, we would like to work closely with you and the Committee to find ways to address the concerns that have been raised, frankly by both sides of the aisle. GREEN BUILDINGS Mr. Quigley. Sure. In terms of LEED-certified buildings, by retrofit or by new construction, certainly, is that not a new idea that has been lauded by for-profits, not-for-profits, people in government and outside. Most recently, National Academy of Sciences reaffirmed the value of the Department of Defense using LEED to certify green buildings for taxpayer savings. I learned a long time ago that I was not going to convince a lot of folks to do things like this just for the environmental aspects of it. But given our nation's water shortage, given our nation's desire to reduce pollution, but also to reduce dependence on foreign oil, energy conservation makes a lot of sense. And, of course, there is the financial savings from being efficient. Your views on where GSA is and where it needs to go on LEED certified. Mr. Tangherlini. I think having third-party certification of the work that agencies are doing to improve efficiency is a great way of making sure that you are actually getting the results that you are paying for. And so we have used LEED certification as a way of providing that third-party certification of the work we are doing. We have a notice of proposed rulemakings out right now for comment that is asking the community to consider the possibility of two other certification programs. And our testable hypothesis, if you will, is that an agency should focus around one set of certification so that they can compare their buildings from an apples-to-apples perspective. But, you know, underlying that is an affirmation of what you were saying, that having good, strong certification, making sure you can test those outcomes, that they are repeatable, that you have clear standards, is helpful in making sure that you are getting the kind of outcomes from the investment that you are guaranteeing the return on that investment. Mr. Quigley. But the public's benefit, where are you at? As we build new buildings, are they LEED certified? Mr. Tangherlini. Yes, they are. Mr. Quigley. And as we retrofit, even the buildings we are sitting in? Mr. Tangherlini. Depending on the level of retrofit, we are either moving towards some form of LEED-certification, and GSA has used out LEED as our certifying entity. But more importantly, we are running efforts like a program we call Shave Energy, in which we are constantly going through buildings and asking on a continuous basis, are there ways we can reduce the energy costs? So while we have seen an increase in energy costs over the last 10 years or so of about 32 percent, our costs for providing energy, heating, cooling, lighting of our buildings have only gone up 18 percent. That gap is a direct result of those energy efficiency savings and investments. Mr. Quigley. And I was going to ask you, to what extent do you document the cost savings and energy savings as you do this? Mr. Tangherlini. Again, it depends on the nature of investment. We document all the savings by collecting all the electric bills and comparing them from year to year. So we have a bottom-line documentation. But in the case of large-scale investments, we have a program we call ``The Green Proving Ground,'' which actually provides scientific analysis, using clear scientific method to evaluate the relative performance of one investment over the other. And then use that to make going- forward decisions on the type of equipment, approaches, designs that we'll use going forward. Mr. Quigley. Very good. Thank you Mr. Chairman. I yield back. Mr. Crenshaw. Thank you. Mr. Graves. CONFERENCES Mr. Graves. Thank you, Mr. Chairman. I would venture to say, Mr. Administrator, that a few years ago many people probably did not know much about GSA. And it reached the headlines, though, of newspapers all across the country, and, really, the lips of so many folks. Just asking the question: How could there be so much abuse within the federal government, within an agency that is actually there to promote responsible management of assets? And, as you know, I am speaking of the conference that took place in 2010 that was not revealed until last year, I suppose. A lot of talk, a lot of promises of reforms and review, and, in fact, even you referenced it, I know, in your statement. You used the phrase here that, ``There would have been dozens of meetings with employees and senior agency officials to examine the underlying root causes that led to that conference.'' I mean, what can you do to reassure us that something like that will not happen again? What has taken place? What process in place? What accountability measures, not only have you, as an agency, done, but would recommend to others as well? Mr. Tangherlini. Well, I think there have been a lot of changes across the federal government as a result of the revelations at the Western Regions Conference. So it makes me a little less popular when I go see other agencies because a number of clear steps have been taken, such as the review of any conferences over $500,000 have to be approved by the agency head. Deputy secretaries are now approving any kind of conference, certain levels of travel. It depends on the agency. So we have taken those steps within GSA. But we also recognize that we have kind of a higher bar and a higher order of tasks in order to win back people's trust. So we have taken some additional steps, some of those in coordination with this Committee. One of things I think that led to the ability for those abuses to happen was a lack of transparency of spending down to the local level. So money was able to be spent and no one was able to monitor it at the headquarters level. We had a chief financial officer in name only. They were not actually in charge of all the finances for the agency. That was one of the steps we took immediately, was consolidating all the CFO activities under a single chief financial officer, so that person would be accountable; so they would have clear interests, desire, and enthusiasm for going and finding out how resources were being spent, and making sure that we had a good solid CFO, the type you would have in any business, whose job it is to ask, ``Is that the best way to spend a dollar? Are we going to get the marginal benefit out of that marginal expenditure?'' At the same time, we also looked, as a result of that, asking ourselves where else do we see redundancy within the organization, lack of transparency, and lack of accountability? It is my view that we found that within the chief information officer's office. We had a CIO also in name only. She was not in charge of the over $700 million we spend every year on investing in IT. We had a chief people officer, or human capital person, who was in charge of only one level of approval, and, as a result, two or three other levels had built underneath him. So one of the lessons we learned was we need to have clearer accountability, we need to have clearer sets of permissions. We need to have stronger transparency and visibility into the way resources were spent. And we need to have stronger accountability. Those are things that we, in some cases, took immediate steps to implement; other cases, we are working towards implementation. Some of those processes are hard. That play is underway right now. But I look forward to coming back to the Committee and talking about the progress, maybe problems we have identified, and maybe using that as a way to demonstrate to other agencies how they, too, can benefit from our experience. Mr. Graves. Is there a conference planned for this year? Mr. Tangherlini. There are not many conferences planned at all. In fact, just yesterday, we cancelled two additional conferences. Conferences, frankly, have value; we ran those conferences last year. Look, we cancelled 39 conferences over the course of last year. We reduced spending in travel around conferences by over $10 million. There were a number of conferences, though: The Expo Conference, the Fed Forum, and the Smart Pay Conference, which were entirely about training. Now, I was doubtful. I went down to Expo myself and I said, I have got to take a look at this. I want to see a lot of busy people. If there is a camera crew here, I want have them see people who working hard, who are learning, who are interacting. You know, we had hundreds of businesses come. Those businesses invested about $6,000 or $7,000 each to come. So they clearly made a business judgment that there was value there. So I was very careful about not getting in the way of that. And I came away impressed. I came away impressed by the fact there were hours and hours of procurement training, procurement law training; making sure that the people who are committing federal dollars are doing it with the latest knowledge, the latest rules, and the latest techniques. That training was provided to the vendors, too, so that they knew how to relate with the federal government. But this year, you know, simply because of pressure on budgets through sequestration, concern about travel, we just were not having people sign up for the conferences. It started with Expo, which was just before sequestration. And it was clear that we were not going to get enough people down there to make it worthwhile for us to go and have it, and spend the money to do it, or for vendors, frankly, to come. And it then followed up with Fed Forum, which is primarily about fleet management and other asset management. And now Smart Pay, which is really about training on how to better manage the federal credit card programs. I am worried though, that we are going to lose a year of training. So we are working very hard to make sure that training is available via the Web or other means, so that people still get the benefit of it. Mr. Graves. The reports say that as a result of that conference, I mean, reports of scandal, reports of abuse, that 46 individuals were suspended, warned, or reprimanded; 11 terminated. And the 300 who attended received a letter from GSA saying that was not a smart idea. Is that sufficient? Do you think that all those responsible were taken into account in the proper manner, or is there still more that we can expect? Mr. Tangherlini. I think the folks that were directly related to that activity, or we thought had responsibility for that activity that happened, you know, we did take aggressive action against them. Is it possible that there were folks we missed, or there are other people? That is possible. But I tell you, I do consistently meet with the Inspector General. I work very hard to build a strong relationship and partnership with the Inspector General; not one of separation, and now maintaining his independence, but we want to know. If they feel that there is more that we can do managerially, we are going to do everything we can to respond to that. At the same time, we also want to make clear that our expectations about the way our organization will behave, the expectation of our employees, about what they will do on government time, has completely changed. Now, I will tell you that most of the GSA associates I meet with are very happy with those changes. Mr. Graves. Well, Mr. Chairman, I know my time is out. I want to thank you for taking an aggressive approach to this. It is something that is very important to us as a Committee, and I know that your agency was embarrassed by it, and it was an abuse of taxpayer dollars, so we thank you for your aggressive and serious approach to it. Mr. Tangherlini. I appreciate it. Mr. Crenshaw. I just saw on the news that the Post Office had a conference. According to the news account, it spent $2.2 million having their conference. And if you are losing $16 billion a year, it all adds up somewhere, so maybe they learned a lesson, or maybe they did not. But we do appreciate what you have been doing. Ms. Herrera Beutler. GREEN BUILDINGS Ms. Herrera Beutler. Thank you, Mr. Chairman. And I actually wanted to follow up a little bit on the LEED certification. I am from the West. In the West, we have lots of trees. I was looking at your bio. You spent time in Pennsylvania. But mostly, it seems that the life cycle of a tree is something that is very foreign to people here in D.C. It is a very green process, and can be harnessed and utilized. And some of my concern is that with the adoption of some of the LEED standards, we actually are disadvantaging or choosing not to utilize the carbon sequestration that takes place when we use our forest products. And specifically, I had a couple questions. GSA released an addendum that expanded the original study on green buildings on the rating system. That was released last year to include several other systems that had not previously been included in the analysis. Why were those systems that incorporate energy savings and science-based life- cycle assessments, such as the International Green Construction Code, left out of the addendum? Mr. Tangherlini. I am not sure about the specifics, but I think the important point is that we recognize that there is more than one standard now. And what we are doing is working very closely with other agencies, working very closely with the National Science Foundation to try to come up with a set of standards, then, that we would offer agencies to use so that we would begin to give people choice. Now, we are out with a notice of proposed rulemaking, so if people think we have missed something, people think that there is a better approach to this, we actually not only welcome the comments, we are requesting people provide us comments so that we can get this right. Ms. Herrera Beutler. Well, I am going to guess that some of the folks who contacted me probably have put in comment, and if my office has not, we will as well. One of the systems the GSA is claiming as a consensus standard, which is required under the Energy Independence Act of 2007, your agency acknowledges is not a consensus standard. Even though you put it out for comment, how can you justify this to make sure that the process that you are following respects the spirit and the letter of the law? Mr. Tangherlini. Well, you know, any action we would take would have to reflect both the spirit and the letter of the law. So I think we would want to make sure, again, I do not know the specific issue related to that one standard, but I will follow up with you, I will learn more about it, and try to get back to you with an explanation on how we have a disagreement about why that would qualify and, in some view, maybe should not. [The information follows:] OMB Circular A-119 (1998) establishes policies on Federal use of voluntary consensus standards, based on the National Technology Transfer and Advancement Act. These policies define ``voluntary consensus standards bodies'' as ``domestic or international organizations which plan, develop, establish, or coordinate voluntary consensus standards using agreed-upon procedures. . .'' They also are defined by the attributes of openness, balance of interest, due process, an appeals process and consensus. The NTTAA directs that federal agencies use voluntary consensus standards to carry out their missions; however, the use of other technical standards to meet government needs is not prohibited. The Green Building Certification System Review completed for GSA in March 2012 concluded that the U.S. Green Building Council's Leadership in Energy and Environmental Design (USGBC LEED) system was developed as a voluntary consensus standard, based on criteria developed to address the attributes outlined above. ANSI publishes the Essential Requirements: Due process requirements for American National Standards. This document sets forth the requirements for developing standards which carry the designation of American National Standards. The process for standards developing organizations to demonstrate conformity of individual standards with ANSI's requirements has two parts. The first is demonstrating that the processes used by standards developers meet ANSI's requirements. The second is demonstrating that individual standards have been developed in accordance with these processes. Only standards that have gone through the second step can be designated as American National Standards. Although, USGBC has demonstrated that its processes meet ANSI's requirements, at the present time, individual USGBC standards have not been designated as American National Standards. Ms. Herrera Beutler. Well, we can follow up with the specific standard that I am thinking of, but I think, overall, some of our concern, you know, I even heard when you were talking about the third-party system. Another aspect of that is making sure there is not the capture of the third-party system. Mr. Tangherlini. I completely agree. Ms. Herrera Beutler. And I think that is where some of us in the West, and some of our producers and our small forest landowners are feeling like there is a group here that maybe needs to come out and tour some of the forests that we have and understand the morbidity of trees and what a benefit they can be in this process. And I would like to follow up with your staff and get some specifics on this because this is a huge issue for the Northwest region. Mr. Tangherlini. And I think we are closer than farther apart in the sense that what we are trying to do is create some options within the standard-setting process, recognizing that there is value to standards. Ms. Herrera Beutler. Well, and in that I would say in the Northwest, we pride ourselves on being very eco-friendly. Mr. Tangherlini. Right. Ms. Herrera Beutler. So we manage some of these standards in Washington State, so it seems to me that they should be manageable and there should be some cooperation with the federal standards. Mr. Tangherlini. Okay. Ms. Herrera Beutler. Thank you. Thank you, Mr. Chairman. Mr. Crenshaw. Thank you. Turn to Mr. Womack. GREEN BUILDINGS Mr. Womack. I thank the Chairman. I thank the Acting Administrator for his testimony. I want to pick up on where Jamie was on the standard issue because as I understand the voluntary consensus mandate, it basically says that exceptions to voluntary consensus should be made only when there is a clear violation of applicable law, or whether the standard is impractical to apply. Now, that is kind of the spirit behind the issue. So my understanding is that Green Globes is the only commercial green standard that has been approved by the American National Standards Institute. But yet almost everything is exclusively LEED. So help me through this process. That is not a violation of applicable law; it is not impractical. And we know that Green Globes is a much more affordable standard with which to judge. So help me with this. I am struggling with the mentality that GSA is using in this process. Mr. Tangherlini. Well, no, I think actually we are trying to create the kind of environment that you are discussing in which people can make choices about the standards that apply and diversify the choices from ones we have right now. And that is the whole point of the rulemaking, to say, ``Look, we want to diversify the options that agencies have.'' We think that there is value in having these standards and judging your investments against those standards so that we have some way of calibrating whether the investment returns what we hope it will return. And, as an appropriator, I know you are very interested in that. And we are also saying that it is important that agencies, when they adopt a standard, they maintain some consistency so you can compare it from year to year. But right now what we do not have is that kind of broader set of standards that people can choose from. Now, it is the specifics of Green Globes versus LEED versus others; that is part of what we are trying to get out through the comment period, trying to understand whether we have picked the right ones, is this the right approach, how do we move forward? The fact is, we are having a conversation at least around the right stuff. And that is, how do we get better data into evaluating the investments that the government makes? Now there are questions about whether you are using the right tools or not. But I tell you, that is progress over the way much of our investment happens. And so I think that if we can find some accommodation, if we can get some benefit from these comments, hopefully we will come up with a system that takes us a little closer to a better outcome. Mr. Womack. But you have been on the job for several months, and I am not asking whether there is universal agreement on the other standards. I am asking for your opinion. Have we gone, have we, I hate to say the word wasted taxpayers' money, but in your opinion, as the Acting Administrator, have we violated some of the spirit of the voluntary consensus by being specific with LEED, in your opinion? Mr. Tangherlini. Well, no. I think that is why we have proposed saying, ``Let's provide the possibility for agencies to consider alternatives.'' Mr. Womack. Reclaiming my time. I am just specifically asking you, as the Acting Administrator, something is driving the rulemaking process, and I understand that, but can you defend the LEED certification process versus, say, Green Globes, which is arguably more affordable. We are talking about the expense of taxpayers' dollars here. Mr. Tangherlini. Sure. Mr. Womack. And it is just like the discussion that transpired about conferences: Some conferences are better than other conferences. But I am just asking in this particular case, we have been specific with LEED, have we missed some opportunities to save the taxpayers money? I realize we are looking at it in the future, but in the past, have we? Mr. Tangherlini. Well, that is the point, it was not available in the past, and so I think we have realized tremendous value through using some certification process. I mean, clearly, maybe there is benefit to using one versus another; that is a possibility. But if you are using one versus none, that also could have wasted taxpayer money. So I know in the one instance where I worked with the certification process, using the LEED certification process, to help us get the main Treasury building LEED gold-certified, that we saved money for the Treasury Department. Now the relative cost of LEED versus something else, since it was not an option, I cannot really answer the question. I do know, though, by taking the steps to get that certification and understand how we spent money on energy, what kind of investments we needed to make to reduce our energy intensity, approach different ways to cleaning the building and operating the building, we saved the taxpayers money. So it really depends on what you are looking at and what was available to the people when they were making those decisions. That is why we are trying to provide more competition, more opportunity, but we want to make sure we do it within both the spirit and the letter of the law. CLOUD BROKER Mr. Womack. I look forward to the conversation in the future on this subject. I have got one more question, and that is, I am holding a letter that I sent to your agency on February 12 to you, and asked for a 30-day response on cloud broker activities. And so, specifically, am I going to get a response to this letter, and can you update this Subcommittee on the request for information, and are you moving forward of the concept on cloud brokerage? Mr. Tangherlini. No, I appreciate that, and I apologize that we have not yet responded to your letter. You will get a response; I will ensure that. The whole point behind issuing a request for information was to get at the very questions that you were asking in your letter: Is there value here? Do we believe that having people help agencies make the transition to the cloud can save agencies money? There is concern about does that limit competition, does it create another level of expense within agency contracting? To answer that set of critical questions that you have, the best answer is, ``Look, the agencies will get to choose what the right path is to conversion to the cloud.'' Some agencies might be a little more mature, they might have better skill sets, they might have better understanding of their systems, and so going straight to a cloud solution works for them. In other cases, having a cloud broker solution, someone who could walk them through that process, might have value as well. But we are still in the RFI phase, which means we are asking for information. We have not done a request for proposals. There is no contract vehicle yet. So I think we are still at the preliminary phase so we can ask and answer the tough questions like the ones you have posed to us. Mr. Womack. Well, as you know, this Committee and the full Committee is always concerned about cost and the layers of bureaucracy that add to the cost. And I know the estimate was a $20 billion cost of transition to cloud services. And I suppose one of my concerns would be just that layer of bureaucracy and the extreme cost, and maybe the limited interaction that agencies would have with cloud services. And so that is what drives my letter, and it is what drives my concerns on the issue. Mr. Tangherlini. Thank you. Mr. Womack. I appreciate your time. I yield back. Mr. Crenshaw. Thank you. And on that issue of timeliness, you know, everybody is pretty busy. And sometimes we get frustrated when responses to our questions are, you know, 30 days or 60 days old. And so we do not expect you to drop everything every time you get asked a question, but I think we would really appreciate it if we could have timely responses, perhaps no more than two or three weeks. Could we agree to work together on that? Because I will have some questions, I know other members will have questions that they will submit for the record. Mr. Tangherlini. And I think if we can have a mutual agreement that we will answer the ones we can when we can. Sometimes the questions are very hard to answer. And in some cases, we do not have the data, we have to find it. So if we could have a continuous dialogue around that, and agree, you know, to get the answers when we get the answers. Mr. Crenshaw. Well, I mean, you could just let us know if it is going to be a while, or if you want to give a briefing, then we can have a meeting. We are ready to do all that. Mr. Tangherlini. No, I appreciate it. BUILDING EXCHANGES Mr. Crenshaw. We have time for another round of questions. I have one big question that I wanted to ask you about. I have been reading about some of the high-profile property exchanges that you are talking about. I think that there is one out in California, two here in the District. And the one that I have kind of looked at is the FBI building. And so I would applaud you all for trying to utilize the assets we have rather than just asking for more money. But if you are talking about exchange in a big building like the FBI, in downtown Washington, D.C., that is a pretty big deal. Probably multi- year, multi-billion-dollar, multi-party, pretty complicated transaction. So a couple of questions about that. One, is that something that you all have the in-house capability to assess and deal with? I do not know if you have accomplished any big, high- profile exchanges in the past five or 10 years. Two, is there a need to have any kind of House or Senate approval or prospectus that we would see? And three, how do you assess the value of something like that? Do you do that in-house, or do you have outside consultants? Talk about that because that, I think, if you are moving forward on that, that is a pretty interesting deal, and it is a big deal, and I think it will be high visibility. So I would like to hear how you plan on handling that. Mr. Tangherlini. No, I think those are all reasonable concerns, and we were pretty sure you would have them. But we want to also recognize the interest we have seen from this body, from this Committee, in making sure that we are leveraging our assets and getting the full value of them. We recognize the constraint that the entire United States government is under, this Committee being like my agency, a part of that broader issue of constraint. At the same time, we have exigent, important, and pressing needs to deliver critical services to the American people such as the protection that the Federal Bureau of Investigation affords us. And they are operating in a building in which we are literally throwing good money after bad at this point. We have reached the end of the useful lifecycle of the building. The building was designed for an agency that served a different purpose in a vastly different time. We have talked to consultants about the quality of the building, how you would renovate the building. We have engaged experts in looking at the structure of the building, the renovation, the ability to renovate the building. GAO has kind of come behind our tracks to make sure that we have used the right assumptions. The FBI has also engaged engineering folks to look at the facility and understand their needs. For the valuation of the building; we have used appraisers, we have used third-party commercial appraisers. It is kind of hard to appraise the value of something like the FBI building. There are not a lot of ``comps'', as they say in that business. So we have tried to get a sense of what the commercial value is through, for example, the square-foot value of sales in the area. I tell you, we had some very skilled people within the organization who are focusing on it. We are trying to get the right group of people together who we will not be shy in making sure we retain the best expertise to get the best possible value, because I fully expect to be before this body at some point, and in several points, I would imagine, in this process, explaining how we are maximizing the return of the investment that you made in building that facility to begin with. We think that there are a couple of steps on the authorizing side. We have a Senate authorization; the House is looking at one as well as a possibility. Whether that is necessary or not, I frankly do not think that is particularly relevant. It is very useful to have a sense of what the Transportation and Infrastructure Committee's interests are in the same way we got a sense from Environment and Public Works. And then the question will be whether we generate enough resources out of the transfer of the building, if that is the approach we take. We have not even settled if that is necessarily the best way to do it. Do we get enough out of it to move the project down? Do we have to come and seek additional resources for you? So those all have question marks next to them. We have not answered them yet. But I think our imperative was to get off the dime, frankly, and move forward and query the marketplace, see what was out there, see what interest there was. I am happy to report there is an awful lot of interest, 35 different responses to our request for information. We have learned a lot. But then we have to go through a process of trying to distill that and come up with what we think the right approach is, and then work with this Committee, among others, to make you aware, and get your input and suggestions as well. Mr. Crenshaw. Well, thank you. I do not quarrel at all with, you know, this kind of concept because we talked about all the property that we know that we own or we do not own. And I know there is an effort to sell some of the surplus property. But I think if you can exchange a valuable piece of property like that and have a new facility out somewhere that is more secure, and you know, just a better place for people to go to work, and it does not cost any money, shoot, that is what we ought to be doing more often. And so I just want to be sure that as you undertake that, that we do that in an appropriate way because it is, it is a pretty complex transaction. Just selling a piece of property is tough enough, but to actually do exchange, it could be very beneficial to the taxpayers if it is done right. So I appreciate the work that you are doing as you get started, and please keep us abreast of that, if there are things we can do to help. Much rather have you go exchange a piece of property and have a brand new building somewhere than come ask us for some more money to build a building somewhere. So thank you for that. Mr. Serrano. BUILDING CONSTRUCTION Mr. Serrano. Thank you, Mr. Chairman. Mr. Administrator, let me talk to you about the impact of the continuing resolutions, the CR, on your agencies. As you well know, it looks like GSA is going to be held at 2012 levels. What is the impact of those decisions, particularly on federal buildings, current projects, and construction jobs? And, in addition, I want to ask you very briefly also, something you dealt with in the past and that is the St. Elizabeth's project. How is that going and how does this impact it? Mr. Tangherlini. Well, no, I think that is a great set of questions and it is one that we are very concerned about because if you think about it, the 2013 levels really built off the 2012 levels, which are, frankly, a CR off the 2011 levels. I think the last time we had an appropriation was 2010, and so we have to guess, we have to work off of those assumptions that were baked in several years ago about agencies rent expectations, about need for maintenance, and, frankly, the last several levels of funding for the organization have really been low in terms of making reinvestments back in the properties that we own, so we just have not had as strong a repair and alteration program. [The information follows:] In Fiscal Year 2012, GSA received its appropriations through the Consolidated Appropriations Act of 2012, as opposed to being funded from a continuing resolution based on FY 2011 funding. We have really had no construction program, other than the Recovery Act program which came in in 2009, and so I think that is a concern that we have. We look to what the business benchmarks are, and the business benchmarks in real estate say you should invest between 2 and 4 percent in your facilities of the fair market replacement value of those buildings, and we have not been, for the last several years, we have not been investing that amount of money. We do know, also, from business benchmarks that $1 of maintenance and repair obviates the need of $4 to $5 of capital replacement. And so while we are figuring out ways to keep, you know, the buildings at some level of operational quality right now, what is going to happen three, four, five years down the road is that that lack of investment is going to come back in the form of really dramatic concerns and maybe emergent or exigent concerns: boilers that stop working, roofs that fail. And so this is much like, on a very grand scale, what it is like to be a homeowner, and the fact that you need to continually make investments in your home, recognizing that if you do not, you are going to have very expensive, episodic, you know, step-function costs that you are going to have to come up with ways to pay for it. On the St. E's project, we have enough resources to get us through opening up the Coast Guard component, but then we fall short on the subsequent phases of that project, and as a result, we are not able to consolidate the dozens of leases that the Department of Homeland Security has around the National Capitol region. We have the Homeland Security suboptimally spread out across the National Capital region. It is costing them money in terms of lease costs, but it is also costing them money in terms of efficiency, the ability to collaborate, and maybe the ability, at some level, to be as effective an agency because they have not been able to fully come together in one headquarters location. Mr. Serrano. I mean, that project has been around so long, and do you see something happening? Mr. Tangherlini. Well, I have to say that the fiscal year 13 CR level does not really give us much in the way of resources to move the ball forward. We are trying ideas, such as the Federal Triangle South idea, which is an exchange of several buildings down south of Independence Avenue. One of the buildings involves Department of Homeland Security. Perhaps if we could gain some value out of that exchange, there would be something else we could do to help the Department of Homeland Security, but right now, I just do not see a financing solution for the completion of St. E's. CLOUD COMPUTING Mr. Serrano. Let me ask you a question very briefly about an IT issue. I remember a hearing here where then Chairwoman Emerson and I spent a long time talking about the cloud, so we will bring the cloud back for a second. And your agency is a major participant in cloud computing and setting the example for other agencies. We have talked a lot about the cloud with our other agencies, and there are varying levels of comfort with the security of the information sent to the cloud. How has your experience been and how comfortable are you that the information you have shared is absolutely protected? Mr. Tangherlini. Well, I think from a cloud computing standpoint, we, too, are very concerned about information security. I will tell you that they found the fact that we had access to our data through the cloud incredibly valuable during the events of Hurricane Sandy. We had employees who could not get to their federal offices but were able to log into their email, were able to log into our systems because those systems were resident in the cloud. They were not locked into a proprietary kind of network, or system, or structure. Because we are also very interested in helping agencies make that shift, and protecting the security and safety of data, we have a program that we have launched in coordination with the White House called FedRAMP, which allows us to get certification of systems upfront so agencies do not have to go through the arduous process of certifying each individual cloud investment or system that they use. Mr. Serrano. Right. One last question on that. We understand that you are responsible for certifying cloud computing software to ease use by other agencies, but that you have had to delay the approval process. What problems are you encountering and how will this affect the federal government's ability to transition to the cloud? Mr. Tangherlini. Well, you are actually speaking about the FedRAMP program. Some of it is that we have just had a huge amount of response of interest of people being certifiers, so getting through that process of certifying the certifiers has been a little more arduous than we assumed. Mr. Serrano. So it was not a problem, as such. Mr. Tangherlini. Well, it is a high-class problem at some level but that having been said, we also want to make sure that once certified, we have people that actually are up to the task, can do the work. So I think that, you know, we have got to be thoughtful and we have got to be careful. When we are dealing with something like IT security, you want to make sure you try to hit your deadlines, but you do not want to make the deadlines controlling. You want to make sure that the real controlling outcome that you are going for is IT security. Mr. Serrano. All right. Thank you, Mr. Chairman. Mr. Crenshaw. Mr. Quigley, do you have any other questions? Mr. Quigley. No, Mr. Chairman, thank you. Mr. Crenshaw. Mr. Serrano, any more questions? Oh, I did not even see you sitting there. All of your friends left. Ms. Herrera Beutler. All the boys left, Mr. Chairman. Mr. Crenshaw. All the boys left. Well, thank you, and I would certainly like you to have a chance to ask any questions you might have. REAL PROPERTY DISPOSAL Ms. Herrera Beutler. I just wanted to kind of comment and follow-up on what you were saying, and I was kind of trying to assess just where your perspective is at, and I was encouraged when you were talking about the FBI building. The bill that you referenced from the T and I Committee, I was on T and I last year, was basically creating the Citizen Commission that said any time you are going to buy a property, that you sell a property, or that you consolidate. You know, it is a kind of a commonsense measure. You know, I am curious as to how much property is the last, you know, three, four years, since the recession have you downsized in terms of co-location, consolidation, selling? How much are you actually selling? I know times are tough; you know, you were responding to Mr. Serrano's question about the CR, the levels that we have been at the last couple of years. I would submit for your consideration, I do not know of a corporation, or a small business, or a family in the last four, five, six years who has not made the same kind of tough decisions. You talked about being a homeowner. People sell things. They get rid of cable. They moved the CEO from a back headquarters into a room with everybody else. I mean, these are real-world examples, and so, yes, you are having to do more with less, but I guess I would argue that now is the time to be innovative and creative with these. And I guess I would like to hear you speak to that a little bit. Mr. Tangherlini. No, I really appreciate that opportunity, and I think that was what I was trying to get at with the opening statement that I frankly think that GSA has, frankly, never been more valuable in our history than right now. Why? Because GSA is really about leveraging the scale and the scope of the federal government to trying buy things once and well, to drive down costs, and to find those places where we have common administrative expenses and try to get some benefit of the scale of them. I can tell you in some very clear, high- profile examples, I think it was just two weeks ago, for $19.5 million, we sold what we call the Georgetown Heating Plant--a big empty building that was redundant to another steam facility we had--that had been sitting empty for 20 years. We got that out into the marketplace. We had an auction. It was exciting, the bidding; it was eBay on a grand scale. And we had it sold for $19.5 million. And the important thing about that is now that is a building that is going to be returned to the economy. There are going to be jobs created rebuilding that building; there are going to be jobs created working for whatever happens in that building. And then there is going to be taxes paid on a building, a building that did not pay taxes before. Look, we are really interested in finding those opportunities; we are committed to pushing forward on them. We have proposed an exchange for services on the 312 Spring Street Courthouse in Los Angeles, California, the idea being to ask someone if they could take this beautiful, historic building that needs pretty substantial seismic retrofit and trade it for a smaller, efficient office space that we could use to reduce rent cost for federal employees. We have asked the marketplace if anyone would help us with the Dyer Courthouse in Miami, Florida. We have put out a request for information for something we are calling Federal Triangle South. It is six properties including the Cotton Annex Building, the abandoned Cotton Annex Building; it has been empty since 1986. And asking our private sector partners, is there some more efficient way we can house federal employees in the Department of Energy building, which is one of the least effective buildings of federal office buildings we have, which is an ironic thing. I am not going to comment further other than to say we want to help them get a more energy-efficient headquarters building that allows their people to work in a more efficient, high-quality workspace that reflects the work that they do today rather than the work the building was built for in 1970. And then free up, I think it is, three times the usable, developable space that is available there that is unrealized. We are working very closely with the National Capital Planning Commission in the city to try to find ways to do that. We are looking across the country to find opportunities like that. GSA headquarters itself is going to consolidate two leases into the GSA headquarters. We added a little extra space to headquarters, but what we have really done is reduce dramatically the amount of space that employees have. I am sure you saw that article recently in the paper about the CEO of the Energy Concern who was moved out of a big corner office into his own cubicle. I am glad to say that I am a cubicle companion with that CEO. I looked; his was a little bigger than mine, actually. But the point is to do our work efficiently and effectively, we need to demonstrate efficiency. And GSA is going to lead, and we are going to do whatever we can to help our agency partners who are also committed to those outcomes, get those results as well. I look forward to a partnership with this Committee to help us find, maybe in some cases, those resources we need to make investments. In our 2013 request, we had a request for consolidation money that would allow agencies to make the necessary investments. Sometimes, you know, you have to take down walls or buy new furniture to go from the office to the cubicle. Ms. Herrera Beutler. On that front, would you be the folks that we would talk to about maybe encouraging the EPA and the IRS to use one television, in-house televisions, and 24-hour satellite studio versus that each having one across the street from each other? Mr. Tangherlini. Well, I think GSA could maybe play a stronger role in helping agencies build that kind of collaboration and cooperation. And I think, at a fundamental level, when I go and I talk to those agency leaders, they are dying for solutions like that. They are looking for answers like that. And so we have got to challenge ourselves to be a bit more aggressive and a bit more effective in identifying those solutions, and bringing them back to the agencies, and trying to find ways that they can realize those outcomes, too. Because as I said earlier, every dollar spent on space you do not need is a dollar that could have been put back into program or returned to the taxpayer. And agencies are feeling that right now. Ms. Herrera Beutler. Thank you. Yield back. REAL PROPERTY DISPOSAL Mr. Crenshaw. Well, thank you. And just on that note, I know that there is a plan, I think, to sell property every year, I think maybe up to 100 properties, and most of them are smaller. But the one that she talked about or you just mentioned, the big one, $19 million, that kind of high profile, I guess the kind of question is, is why was that sitting there for, I do not know, 15 or 20 years? And are there other properties sitting around? Is that something that you all decided to do just recently, or is that something you have always thought about doing, just never gotten around to do it? Because there has got to be a lot, I think something like 9,600 properties, that there is a plan to dispose of those from time to time. I know, I think our bill had a $100 billion from consolidation that we never got around to passing. So talk about that, about what are your plans? If you had the $100 million that we had put in our spending bill, how would you use that? A lot of little deals, one great big deal, and how is disposal work coming? Mr. Tangherlini. I think we would go with the little deals over the big deals. But what we would like to do is find those with the highest return on investment. Now, there was some language differences we had about the bill, about whether GAO should evaluate the, you know, return on investment analysis, but that is the kind of thing we can discuss and work on. I will say that, at one level, one concern we have about fixing a maximum amount of square footage under the management of GSA costs us the opportunity, maybe, to bring some of the other agency space under GSA so that we can use some of our authorities to better utilize it. So that is something else we can talk about. But I will tell you this idea of pushing properties out more aggressively, for example the case of the Georgetown Heating Plant. It is a good example that we have to recognize that it is not always that easy to just do it. It seems as simple as putting a house on the market, but any effort that the government undertakes has a huge environmental impact process we have to go through. We have to do a screening to make sure that no other agency wants, or needs, or uses that facility. In the case of the heating plant, we had to make very, very clear that by taking that heating plant capacity offline, we were not jeopardizing the ability to actually heat and cool the federal office buildings. In some cases, there were investments necessary to sever that plant from connections. So we have to recognize that there is a whole spectrum of complexity in moving some of these properties to disposal. And so working closely with this Committee, I think that we can explore ways that we can make that easier. I think that was the nature of the Administration's proposal around a civilian BRAC, was trying to find ways to streamline that process a bit. But I also think that, you know, looking at agency space, their needs, lease expirations, and asking ourselves, are there targeted investments we can make now to help agencies consolidate space, is the kind of conversation that I think would bear a lot of fruit between GSA, this Committee, and other agencies. Mr. Crenshaw. Yeah, I think in these difficult times everybody is part of the belt-tightening, and we appreciate your willingness to be part of that. Mr. Serrano, you have any final thoughts? Mr. Serrano. I really want to thank you for your service, for your work, for the study you've undertaken. At the expense of a bad pun, as we want you to move into the cloud, we want you to remove the other cloud that was hovering over the agency. And it has been a difficult time, and it opened the doors for a lot of attacks. And we have to be honest that so many of the attacks had a base for people to be able to make them. And your mission is a difficult one, but you have the support of this Committee, and I know you have the support of the Chairman. I do not speak for him, but we understand, we both understand the need for your agency to do its job well because then it affects all of us. And so good luck, congratulations, and just whatever you need from us, just let us know. Except for dollars; he is very tight on dollars. Mr. Crenshaw. Well, I think we are all working, you know, under some difficult economic times. But I think there is a positive side of that, that makes us all look at ways to do things more effectively, more efficiently. Government always needs money. But right now we need something more, I mean, in terms of discipline and all those kinds of things. So we thank you for what you are doing to try to help restore the reputation that GSA, it got muddied a little bit. I think credibility is important, and I appreciate what you are trying to do. And anything we can do to help you do your job in a more efficient way, we are ready to help. So with that, the hearing will be adjourned. [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Wednesday, April 10, 2013. SMALL BUSINESS ADMINISTRATION WITNESS PEGGY GUSTAFSON, INSPECTOR GENERAL, SMALL BUSINESS ADMINISTRATION Mr. Crenshaw. Well, welcome, Mr. Serrano, and welcome you all. Good morning. We will call this meeting to order. Today it is April 10th, Wednesday. And today we finally received the president's 2014 budget request. It was due on February the 4th, but it is better late than never. Those of us on this committee are ready to move forward and keep doing our work. Mr. Serrano. It is a work in progress. Mr. Crenshaw. That is right. So today we have with us Peggy Gustafson. She is the Inspector General for the Small Business Administration. She has been there since 2009; has a budget of $16.3 million in fiscal year 2012. The SBA Office of Inspector General has a significant job in conducting oversight of the SBA's diverse portfolio of programs, ensuring that the taxpayers in the small business interest are protected and served well. The SBA plays a critical role in maintaining and strengthening our nation's economy, assisting small businesses, providing small businesses with access to capital, opportunities to compete for government contracts, and other technical assistance. Additionally, the SBA helps businesses and homeowners affected by disasters get back on their feet through the Disaster Loan Program. And this year, SBA was appropriated $800 million to provide relief and recovery to small businesses, homeowners, and renters affected by Hurricane Sandy. This is a massive effort that needs strong oversight. And while the SBA's programs are vital to getting our economy back on track, the agency has to confront significant challenges in executing its mission. Fraud continues to be a problem, affecting all of SBA programs. Default rates within the business loan program remain high, costing the government and taxpayers millions of dollars. Excessive improper payments, weaknesses in procurement procedures, and poor lender oversight are all issues that the SBA must address. The Office of Inspector General was created to promote economy, efficiency and effectiveness in SBA programs and operations and to deter and detect waste and abuse. So your job is an important one. We look forward to hearing your testimony and like now to recognize the ranking member of the Subcommittee for any opening statement he might make. Mr. Serrano. Thank you, Mr. Chairman. I would also like to join you in welcoming the Inspector General of Small Business Administration to the hearing today. The SBA, as the chairman said, plays a vital role in all of our districts, helping businesses to get started, to expand, and to serve and employ our constituents. And your office plays an important role in making sure that the assistance is provided as effectively with as little waste as possible. I will be interested in hearing whether you are starting to see an increased level of fraud and what challenges you are facing, trying to address these problems while coping with funding at last year's level. In addition, I look forward to hearing about both how the sequester will affect your ability to fulfill your responsibilities and how the impact of the sequester on the agency as a whole will affect your work. Lastly, I am interested in hearing your observations about the SBA's role in helping New Yorkers recover from Hurricane Sandy. Now I cannot emphasize enough that that has been, as you well know, something that we New Yorkers thought would never happen in our part of the world, and the devastation has been massive. And you play a vital role, the SBA does. And we would like to know what you know, what you see, and what adjustments have to be made, if any. Thank you so much. Thank you, Mr. Chairman. Mr. Crenshaw. Thank you. And now Ms. Gustafson, we will turn to you. And if you will make some opening remarks in the five-minute range, and we will submit your written testimony for the record. So please proceed. Ms. Gustafson. Thank you very much. And thank you, Chairman Crenshaw and Ranking Member Serrano, for asking me to come testify before your Subcommittee today. I am extremely proud to be here and represent the dedicated men and women of the Office of Inspector General in the SBA. As you know, my office is an independent office within the agency. We conduct and supervise audits, inspections, and investigations related to SBA programs and supporting operations. Our job is to detect and prevent waste, fraud, and abuse and promote economy efficiency and effectiveness in the administration management of all the programs of the Small Business Administration. I believe that our investigations and report recommendations are having a very positive impact on the integrity of SBA programs, and that the results are very measurable. During fiscal year 2012, my office issued 22 reports containing 126 recommendations for improving SBA operations, reducing fraud and unnecessary losses, and recovering funds. In addition, The Office of Inspector General criminal investigations led to 59 indictments and 59 convictions of subjects who had defrauded the government. In all, the efforts of my office resulted in more than $90 million in office-wide dollar accomplishments during fiscal year 2012. Our fiscal year 2012 operating budget was $17.3 million, which included a $1 million transfer from the Disaster Fund, specifically for our work in the disaster area, so that the total office-wide dollar accomplishments represented more than fivefold return on investment to the taxpayers through the Office of Inspector General. Now, though, these figures confirm that our work is focused on the areas of high risk, I am concerned about the continued financial and operational risks that exist within the agency. For example, in the loan programs, the 7A and 504 loan programs, the maximum allowable guarantee for loan has grown from $2 million per loan to $5 million; for manufacturers in the 504 loan program it is $5.5 million, which, of course, has the effect of expanding the potential exposure of the taxpayer, should these loans eventually default. So this exposure, combined with a swollen portfolio and the limited agency oversight, does increase the possibility of future losses. SBA's payments of guarantees on defaulted loans had evidenced an increase from the baseline of 2007, when $1 billion was paid in guarantees on defaulted loans to $5 billion in 2010, $3.4 billion in 2011, and $2.6 billion in 2012. Now, it is noticeable and noted that these figures are going the right direction. But, again, we are concerned, especially given the larger loan amounts that are now allowable under the programs. The SBA contracting programs continue to be subject to fraud and weak federal oversight, and the shortcomings in the agency's IT systems might hinder SBA's ability to effectively manage the programs. I do appreciate the opportunity to discuss how we have proposed to address the noted and persistent risk this fiscal year, though the budget is not out quite yet. So in the president's fiscal 2013 budget, the president had requested a $3.1 million increase in our budget, and we had received a mark in the House of $18.267 million, including the disaster transfer. And in the Senate, the mark was matched at the president's request of $20.4 million. And, of course, we ended up operating under a CR, which we will do for the remainder of the year. But I am poised to use additional resources, should I ever get them, to effectively target early defaulted loans, fraud, and lender negligence, and to increase the capacity of our existing investigative personnel. I will speed it up. Mr. Crenshaw. No, no, take your time. Ms. Gustafson. Thank you. I do talk fast. The additional resources that we have requested in the budget justifications, including the budget justifications in the past, included resources to establish a dedicated early defaulted loan review group to identify problem loans, to enhance my investigative capacity, and to enhance the operations of the Office of Inspector General hotline. When lender negligence is found, the early defaulted loan review group would recommend non-payment of the guarantee or recovery if the guarantee is already paid; would help target the most offending lenders to obtain corrective actions; and I think, perhaps most importantly, identify trends for operational improvement by SBA if there are weaknesses in the actual process. This group would help identify those trends and fix it before the loans go out. When suspected fraud is identified, the loans will be investigated. Over the past decade, we have obtained convictions and guilty pleas on numerous cases involving loan agent fraud and SBA-guaranteed loans, totaling excesses $358 million. The Office of Inspector General handles an average of 250 criminal and civil fraud investigations per year, and annually obtains multiple indictments and convictions of recoveries in the area of tens of millions of dollars. However, resource constraints do sometime preclude us from initiating or continuing a number of investigations. For example, over the last three years, the OIG has administratively closed 171 allegations with potential losses estimated at over $136 million, which may have met prosecutorial thresholds but could not be further investigated due to a lack of resources. Also, over the last three years, the office has proactively identified over 574 suspect loans with values estimated at over $503 million that contained characteristics typical of problem loans. But, again, due to the limited resources, these loans could not be further reviewed to identify lender deficiencies or indications of fraud. Additional investigative support personnel would enhance the existing investigative capacity and allow more effective utilization of existing investigative resources in a cost- effective manner. For example, we estimate payroll costs for an investigative analyst to be only 67.5 percent to that of a criminal investigator, an actual 1811 investigator. With the support of the Subcommittee, we could increase both the effectiveness and the efficiency of these investigations. Regarding our hotline operation, during fiscal year 2012, the hotline received 535 complaints, which were processed by one professional staff member. Additional staff resources are required to adequately analyze incoming complaints for possible referral for investigation or other resolution. This is especially crucial because this is often the only time the public has contact with my office. If you think you know of waste, fraud, or abuse, what you do is you call the hotline. Or if you think you are a whistleblower that is being retaliated against, that is the hotline. And so it is very difficult to have an effective hotline with one person. Now, I have two; I have actually dedicated resources within my constraints to have two, but it is difficult. And given the fact that we work for the public, that becomes problematic, or at least it could be a lot better. In short, much work has been done, but much work remains to be done. Additional resources would undoubtedly net a significant return on investment to the taxpayer and a better SBA. So I thank you very much for the opportunity to speak with you, and I look forward to your questions. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Crenshaw. Well, thank you very much. Sounds to me like you stay pretty busy. And I guess, you know, what comes to mind when I hear you talk about all that, I wish there was some way that we did not need you as much as we need you. With all the loans that are going out, I mean, when you see all the inefficiencies and outright fraud and corruption, is there anything that you see that could be done on the front end? Why do you think that it is so widespread? Is it just the nature of the beast making loans like this, or the third-party folks that are administering the loans? What are your thoughts on reducing your work and doing a better job on the front end of making sure all this stuff does not happen? Ms. Gustafson. Well, I think that is a difficult question to this extent: Where there is money, there is always going to be fraud. I am sure that everybody knows that and everybody says that. And so, you know, I think there will always, obviously, be a need for somebody watching the money, be it here, or in Agriculture, or in any department where there is money going out the door. There is going to be somebody out there figuring out a way to take some wrongfully. So I do not know that it is really possible to do that. I do think, you know, SBA, for an agency of its size, there is a tremendous amount of money at risk in SBA because of the nature of it, because of the guaranteed portions of the loans. The SBA loan portfolio is over $100 billion right now. The small business contracts, you know, to the extent that SBA has a role, certainly in the 8(a), the HUBZone, that is almost $100 billion as well. So it is a tremendous amount of money, and on a good day, I am about 100 people. So what I try to do, and I think that the thing that needs to be done is, again, try to proactively, and through my work, identify the risks and see where the process can be tightened. I truly think what all you can do is be forever watchful, make sure that you are notifying the agency and Congress of the things that really need to be fixed to help close these loopholes. You know, every time you close a loophole, they will find another one, so you just have to be vigilant. I really think that that is the best thing that you can do. Mr. Crenshaw. You mentioned the lack of resources impacts everybody. We are going through this sequestration, the sequester. We do not know yet what is in the president's request, but we do know that the resolution that the House passed on their budget side and the budget resolution in the Senate, and we anticipate that the sequester kind of stays there, which means it is probably going to be hard to see a lot of increases. Tell us how it has impacted you. You mentioned you have got one person doing all that. How does it impact not only you, but do you think the SBA as well, and what are you doing to try to deal with that? Because some agencies say, ``Well, to some extent it forces us to try to be more efficient.'' And, you know, there is only so much you could do. But talk about that: (a), how it affects you, and then (b), what you are doing to try to just deal with it. Ms. Gustafson. Right. Well, as far as my office and the sequester, one important thing to note, and this is very typical of all IG offices, the vast majority of my money, 84 percent of the money that I receive, goes to people. It is salary and expenses. I do not have programs. I do not have stuff. So when you break down my money, 84 percent is just to keep the people that I have there. Ten percent goes to the financial statement audit, which is a statutorily mandated audit, which is especially important, I think, in the context of SBA because of the amount of money. We have to do it anyway, but, again, because of the credit risks and stuff, that is an important audit. That is about 10 percent of my budget. And 6 percent is everything else, which includes any time my investigators need to travel to Springfield, Missouri, things like that. I mean, that is what it goes to. Training, and when I am talking about training, I mean my auditors need a certain number of CPEs every year, and my investigators need mandated training every year. And that is it. And so when things like the sequester hit, had I not lost people through attrition or had I filled those jobs, I would be undergoing furloughs right now. I could not avoid it. We have not filled positions as they have come open, and so right now I am down five positions, which, in my office, is pretty substantial, especially because the work that we do takes a lot of time. Audits work in teams, investigators, you know, work in teams. And so when you lose a person, you are really affecting even the efficiency of the people who are there. But I have made that decision so that I did not have to furlough people, which I think is the most unattractive solution. I mean, I would really hate to do that. What I still may end up doing, given the resources and salary and expenses, I do have some money that I was given under the Recovery Act, that, of course, can only be used when I am looking at recovery, which is fair. And I have also been given money under the Hurricane Sandy supplemental. And, of course, normally what you do, and what we have done and will do in Sandy, is you bring on people specifically to work on Sandy. And I will do that. But I may also have to move some of my resources to that, again, in order to avoid furloughs, which Sandy needs to be looked at, so that is fine. But if I am moving people from my credit programs, for example, then there is a loan audit that is not going on. So it is going to be very problematic for me, but it is the best possible solution, I think. As far as the agency, you know, I know that the agency has announced they do not have to do, as it stands right now, they did not have to furlough anybody. Widespread furloughs in the agency would be of a concern to me because they are pretty small as they are. I mean, if they start having less people doing the oversight that they do, I would be very concerned about that. So going forward, I do not know what October 2013 holds, but if they start having to furlough, it would be a concern to me about their ability to monitor their programs as well. Mr. Crenshaw. You mentioned Sandy. I was going to ask you about the $5 million that you received to deal with that; how do you go about utilizing those dollars and how do you strike a balance? You have got a hurricane, you have got people in need, time is of essence. How do you balance the desire to get the money to people as quick as you can, but, on the other hand, make sure that you are doing the right processes and avoid some of the things that we are talking about? Ms. Gustafson. Well, you know, the way that we approach disasters the size of Sandy, the way that we are looking, and I am looking at Sandy, this is the biggest test for SBA since Katrina. And there were certainly many, many well-documented issues and problems with how things that happened during Katrina, and even as it relates to SBA and the deliverables that they were doing. And so one of the things that we will be doing with Sandy is seeing how that worked. I mean, this is really the first test of a wide-scale, multi-billion-dollar disaster. And so we will be going in. And for us, in all honesty, there is not a rush for us to get money out the door, you know, not being the agency. Really, for us, it is to be much more thoughtful and to come in with the plan that we have. And, really, what we do necessarily follows what the agency does anyway. And so I think we do not suffer from some of the same pressures the agency does. This will be like we did with Katrina. What I anticipate is the first work that we will be doing, we will be doing audit work because the agency is now undergoing the process. They have approved the loans. The money is going to start going out the door. The money goes out later than the loans are approved. And we will be following that with our audits. And then the criminal investigations, which will come, because it is a lot of money, that always follows. You know, that does not happen until later, when the loans start defaulting, or we start hearing the reports of the person in Ohio getting the money, claiming that they had a house in New Jersey. It is going to happen. I do not want to sound like it is too much of a good thing, but we do benefit a little bit in that we do not feel that pressure. And I would not want to do that because I want the money to be used very smartly. You know, I am very grateful. I do not know how we would have overseen $2 billion as it stands today without that money. But even that, if it is anything like Katrina, and we just wrapped up Katrina, we ended up having two closed cases. We ran out of time and we ran out of money because there is a lot going on. And you run into statute of limitations problems as well. I anticipate Sandy being the same way. Mr. Crenshaw. Well, thank you very much. Mr. Serrano. Mr. Serrano. Thank you, Mr. Chairman. Mr. Chairman, we are winding down the hearing season. And I just wanted to take this opportunity, on behalf of the folks on this side, to thank you for your style of conducting the hearings and your treatment of us. This sounds like a lovefest here, right? But you are a gentleman and a good guy, and we appreciate that. I certainly do. Mr. Crenshaw. Well, there is more work to be done. Mr. Serrano. I know. So before it gets heated, I wanted to say something nice. Mr. Crenshaw. Your timing is exquisite. I was just getting ready to, no. Mr. Serrano. Inspector General, we might as well start with the elephant in the room, and I am not referring to my Republican colleagues: sequestration. And that is, with the effect, what do you know fully the effects so far to be on the SBA, and perhaps, just as important, you know, what is the impact in terms of how it affects small businesses and the community at large. And as people have to adjust to this time we are living in now, some agencies seem to be able to tell us right away how it affects their ability to deliver services. What can you tell us about SBA in that sense? Ms. Gustafson. Ranking Member Serrano, at the risk of sounding like I do not know what I am doing, there is very little I can tell you. Mr. Serrano. Oh, around here, that is not a strange thing. Ms. Gustafson. There is very little I can tell you. Mr. Serrano. I do it all the time in two languages. Ms. Gustafson. My perspective comes just from what the agency has said, and I will tell you what I feel, and I think I look at it from a slightly different perspective as, you know, I understand the agencies, which I certainly saw the letter that they sent, saying if there is a reduction in subsidy, less loans will be made. That makes sense. If you do not have subsidies to support loans, you cannot make those loans. So that makes sense to me. I certainly have not gone beyond that to see if there has been a net effect of less loans being made; have not looked at it. Since we are auditors, we would have to actually do an audit to do that. The other thing that the agency has said is if there are less federal government contracts being let, less small businesses will be getting those contracts. Again, that seems absolutely logical, and I would absolutely anticipate that to be the case. In general, I think a lot of times small businesses get contracts not just because the government, out of the goodness of their heart, wants to give small businesses contracts, but because you have that goal. You have that goal of 23 percent, and the agencies take that goal very, very seriously. And so I think it is logical to think that if the goal is now a smaller pot, they are still going to aim for that 23 percent. And 23 percent now represents a different number. It did represent this before sequestration, and now it represents this. And I think that is what the agencies are going to be aiming for because they do not meet that goal as it is. So they still are going to aim for the goal and probably not meet it. So, again, that makes sense. Again, what I was most concerned with and what I remain concerned with is if, in the end, there has to be furloughs, depending on where those furloughs are, that is going to concern me because I think they conduct limited oversight themselves to the extent that they can, and so if they are having less people there, it is going to affect their ability to do that. And they are the first line of defense before we are, so that is going to be a problem. I would think it would cause delays. I think it would cause all those things, should it happen. My understanding, from what Administrator Mills has said, is so far it has not. Mr. Serrano. So if I was to ask you as an added question what part of the budget is the most vulnerable, in your opinion, I guess it would be the ability to provide the service to meet the goals of 23 percent or other goals that the agency has to meet. Ms. Gustafson. Actually, I do not know that I could say what is most vulnerable. I think, in general, I certainly think for my office, I am way smaller than I need to be if I were to ever get a handle. For example, to your opening statement, and Chairman to yours, whether fraud is increasing or not, we are so busy, I do not know if it is increasing or not because we are constantly having to turn stuff away, you know what I mean. I do not know that you ever get to know the universe of fraud, but I know that I know that we have more than we can handle. I think the agency operates a little bit in that same way, which is to say they are as small as they can possibly be without losing effectiveness. I mean, I am sure that there are things that can happen internally. Obviously, there are not things that can be changed, but, again, there is a tremendous amount of money at risk through the programs of the SBA, and so reductions in size would concern me. Mr. Serrano. On your point of having to turn things away, I am not understanding that. Does that mean that you have to decide what alleged fraud is more important or bigger than another alleged fraud, or just determining whether it is fraud or not, or both? I am afraid that your statement makes it sound like some folks could get away with something, and that is a concern, obviously. Ms. Gustafson. That is what I am saying. I am saying that we, at times, have to, I think I have somewhere around the area of 40 investigators, 40 criminal investigators, maybe a couple more than that, and there are times every day they have to make a decision, can I open this case or not? Do I have the resources to open this case, or am I completely full? And that happens all the time. And to your point, the other point happens as well. Again, as I mentioned in my opening statement, we have, for several years, had what we called an early fraud detection working group because there are certain characteristics of a loan that we know to be indicative of fraud. It is a fraud indicator, one of it being whether it defaults very early. Loans that default very early, more likely than other loans, there may have been some fraud in there. Very often, we will do an analysis and say, ``Here are the loans that meet enough characteristics it concerns us.'' More often than not, that is all we can do. We will let the agency know which loans they are, but we cannot do anything further. And I have to say I am sure I am not the only law enforcement agency that does that, but absolutely, it happens. Mr. Serrano. Well, we thank you. I had more questions, obviously, but we will wait for the second round. Thank you. And when I said something about the Republicans, I noticed that they got very sad. Mr. Crenshaw. They are very engrossed with the president's budget that just got released this morning, so they are, you know, they are preoccupied. Mr. Graves. Mr. Graves. Thank you, Mr. Chairman. Good morning, Inspector General. Just a couple of questions, really in relation to veterans returning and some of the programs that are available to them, and I am sure you are familiar with some. Are there any interdepartmental areas in which they are rating or ranking or scoring the effectiveness of the availability of loans or opportunities for veterans returning from conflict to civilian life and helping them start small businesses? I know there has been some effort from the Small Business Administration. Ms. Gustafson. I think there has been some effort. I am not intimately familiar. It is a very small part, you know, it is a very small number of people, given the size of the agency. I do know that they have a specific office. I do not know to the extent that they have tried to do ratings or rankings. I do think they try very much to get the word out and be advocates and things like that, but I do not know that there has been a judge of effectiveness or success. Mr. Graves. So is it just a small part of the SBA's budget that is dedicated to the veterans program? Ms. Gustafson. That is right. And, of course, there is the service-disabled veteran owned contracting set-aside program as well, which, needless to say, Veterans' Affairs certainly has a role in, too. Mr. Graves. Okay, do you know what percentage that is of the budget that is dedicated to veterans? Ms. Gustafson. Sorry, I do not. Mr. Graves. Okay. And then on the pilot program, the Operation Boots to Business. Are you familiar with that? Ms. Gustafson. Very slightly. Not much. Mr. Graves. Okay, okay, because we would like to learn a little bit more about that, and I guess in doing some of the research, it seems like it is very difficult to navigate the websites, a little bit, to discover what is available for veterans, and, particularly, we think that if it is hard for us and our staff in our offices then maybe it is hard for those in our districts as well. So we are trying to get a better understanding of what is available and what is successful. And the Boots to Business program, I know you are not real familiar with it, but we would be interested to know if you think it is being successful as a pilot program. Is it something that should be permanent in the future? And would the department support legislation that potentially did that as well? So maybe you all could get back with us on that. Ms. Gustafson. Absolutely, Representative Graves. I am happy to get back with that, and we will even contact you and make sure that I have everything that you need. Thank you for asking. Mr. Graves. And then if I could just ask one other, Mr. Chairman. I was listening a little bit about the discussion about the cuts, the sequestration cuts, and some things come to mind, and, on an average, do you know, in the department, how many vacation days an average employee takes a year? Ms. Gustafson. No, I really do not look at that. I do not know. Mr. Graves. So it would be more than five? Ms. Gustafson. Oh, I could not even begin to speak to the agency. I mean, I know they are all career employees, so they get a certain number of days. I know that we have not had a complaint about it, but does not mean it does not happen. Mr. Graves. Right. So to help me, how many vacation days do you get a year? Ms. Gustafson. Well, I do not get any. As a presidential appointee, actually, I do not get any. Mr. Graves. You do not get any. Okay. But a non-appointee? Ms. Gustafson. It depends on level of service. I am actually not in the career. I am not a career. But I know it depends on years of service, and it increases depending on years of service. I would assume, this is a big assumption because their Human Capital Office is a work in progress, but I would assume that that is something that is probably available in a quick spreadsheet or something for you that, again, I would be happy to ask. Okay. I have received a note from the field. If you have been a government employee for less than three years, you get four hours per pay period; three to 15 years, six hours per pay period; and 15 years, eight hours per pay period. And I do know there are limits on how much you can carry over. Mr. Graves. Pretty quick notes there, yeah. Ms. Gustafson. I have career people behind me, they know. I just do not know. Mr. Graves. And with that, there are sick days, I guess, as well. Ms. Gustafson. Right, right. Mr. Graves. And so I would be curious what your definition of furlough is because we hear furlough referred to quite a bit, and it is, you know, a negative connotation. Ms. Gustafson. My definition of furlough is that you are taking a day where you do not get any pay. Mr. Graves. Right. Ms. Gustafson. A furlough, where, with notice, you know that for every pay period, for example, there is one day that you are not working and not getting paid for. That is my definition of furlough. Mr. Graves. And in your description of the impact of furloughs, it was more of, they would not be able to provide as many services or loans to those who are seeking them. But then I tried to correlate that with, well, employees take days off for vacation, or they take them off for a sick day, and it does not seem to slow the process down. So I do not see where you draw the connection that a furlough day, while I do agree with you that it is a day without pay that someone is not working, I do not know how that impacts the work delivery if vacation does not impact work delivery or sick days do not. Ms. Gustafson. I think not being at work impacts work delivery. I think that if you are going to furlough somebody they are probably going to be at work even less, do you know what I mean? I mean, you know, I guess that I would anticipate this as an add; you know, I think that employees would take their vacation and they will take their sick, and there will be one day where they are not paid. So I guess it was just as if more people were taking sick or they were taking more sick or vacation days, I just envision less people at work. So, and, you know, assuming everybody is working when they are at work, and the longer it goes, I would assume that there is going to be some impact on it. Mr. Graves. But the longer an employee is with the agency, the more days that they are granted to take off, so the logic would lead me to believe, that if you are having difficulty delivering services, then why do you encourage more people to take more days off the longer you serve, but taking one off to save the republic is a different question. Ms. Gustafson. Right, well, you know, I guess I just think that if one day every two weeks the SBA is closed, I think that is going to have an impact on timing, on efficiency; I think that that is going to happen. Mr. Graves. Not closed; it is going to be rolling furloughs. Ms. Gustafson. Right. Mr. Graves. The state of Georgia has been through a tremendous amount of furloughs over the last several years; teachers have been furloughed 10, 11, 12 days, but voluntarily saying, you know what? I am willing to do that for the state because, one, I know it is important; number two, I know that I get to keep my job, but I am being a part of the solution. But here on the federal government level, it just does not seem to be as accepting. Mr. Chairman, I think my time has been expired. Thank you. Ms. Gustafson. Thank you. Mr. Crenshaw. All I know is when you read how you determine holidays or days off, you have got to get an accountant to figure out the pay period times, the hour times, whatever. Ms. Gustafson. I know, they know it. Believe me, I think the employees know, Chairman, I just do not. Mr. Crenshaw. I think you just muddled it so he would not understand, but you did a good job. Mr. Yoder. Mr. Yoder. Thank you, Mr. Chairman, Mr. Serrano. Peggy, thanks for being here today. You did not turn me off there, Mr. Serrano, did you? I noted that you had worked for Senator McCaskill; as a Kansan, we appreciate having Missouri nearby, but it does not make you a Missouri Tiger fan, though, does it? Ms. Gustafson. I lived in Columbia for eight years, so, yes. Mr. Yoder. Did you catch the cold there of being a Missouri Tiger fan? Ms. Gustafson. Well, I noted you were from Kansas. Mr. Yoder. Okay, so we will just agree to disagree on that. I noted your testimony in some specific areas, and one of the issues that you raised is the exposure that has been discussed already a little bit today, the exposure that the SBA has with loan guarantees; that is a big part of what the SBA does. Do you have thoughts on what the right balance is? I know you noted that there is a statutory change in 2010 that increased the size of the loans that SBA should be able to guarantee, and that creates additional exposure. Do you have thoughts on what that right balance is between exposure to taxpayers and providing assistance maybe that the private sector lending is not able to support? How necessary is that? Should it grow? Should it shrink? What is that sweet spot? Ms. Gustafson. I tend to leave the policy questions of whether it needs to be $2 million and whether it needs to be $5 million to the policymakers, which I am most certainly am not, so I do not. Really, the nature of my work and my focus is always, are we, and as SBA, doing the best job given the fact that there will be more exposure, given that the fact that these are bigger loans. And if a $5 million loan defaults, it is a couple million dollars more than a $2 million, and that is just more money for the taxpayers. And so, really, my focus is just, is the oversight of this lending as strong as it needs to be to protect the taxpayers, whether it be $2 million, whether it be $50,000 express loan, which, often, they default pretty often, too, so that is really what my focus is, so I do not have an opinion on a sweet spot. Mr. Yoder. And you discuss in your testimony that we need to strengthen oversight, that the standards need to be modified; can you discuss, on those suggestions, things that we might be able to implement in terms of policies, that when we have the SBA before us, we might suggest on what we are doing with our budget changes that we could specifically could make? I mean, certainly, we can raise these suggestions you have made as concerns. Are there thoughts in terms of what Congress could do to tighten up? I know, again, it is back to a policy question. Ms. Gustafson. Right. Mr. Yoder. But based upon your findings, what could fix some of those problems on our end? Ms. Gustafson. I very much appreciate your question because I think the best reference for you, and something that I am happy to talk about right now, would be our management challenges report which comes out once a year because there are several challenges that have existed a long time that deal with lender oversight and talk about some things, that it is not even a policy change; often, the best thing that you could do for me is just ask them about it because they do listen to me but they do not have to listen to me, and they do not have to do what I think they should. But they listen to you, and kind of have to do what you think they should do, so there are certain things, I mean, they have gotten better at lender oversight. What I have personally seen in my three years there is they are taking a more risk-based approach to their lender oversight, which I think is key. I mean, I think they need to be smart about how they are choosing to look at the lenders and what they are doing. You know, I think it just makes for better oversight, and I think that the lenders appreciate that more, too. I mean, rather than just doing a one-size-fits-all, we are going to do a quick annual review of everybody and do a check- the-box, what I have seen through the Office of Credit Risk Management, OCRM, as they have new head since I have been there, a man named Brent Ciurlino, I should not say that name, they will probably treat him badly now, but is they are being smarter where do we need to focus when we are doing our lender oversight, and I think that that is really important and it needs to be appreciated that they are doing that. They brought Mr. Ciurlino on; I think that was a big step. I think the agency needs to be encouraged to give OCRM all the support that it wants and needs because I think that they are heading in the right direction as far as lender oversight. We have some concerns about the improper payments in 7(a) program. There is some concerns about their quality assurance reviews that we are still working through; again, that is part of the management challenges. I think that it would be helpful to talk to them about that, because, again, I think that they are getting there but I think it would be helpful to hear about that. Mr. Yoder. And just finally, Mr. Chairman, certainly, I think in our debates in Washington, D.C., we focus a lot on the economy, job creation, unemployment. We know from reams of data that the majority of the jobs that are going to be created in a post-recession environment, almost 100 percent of the jobs are going to come from small businesses, new companies, start-ups, innovators, entrepreneurs, those types of folks in our country. And so as you review the SBA, and giving it, hopefully, the most extensive review that it gets in this process, are there ways that we can make the SBA, again, another policy question, more effective at reaching more of these start-up companies in particular, helping new companies get off the ground? And certainly the SBA plays a role; but, I mean, how many companies is the SBA touching? Would it be important to increase it as such, is the SBA a value in that process and how could they increase their value to taxpayers? My guess is that most of our small businesses do not have a lot of interaction with the SBA to get it off the ground. We know that new corporate formations is at a 20-year low in this country, and so I think a lot of us are concerned with, okay, we are not starting new small businesses at the same rate we need to. They are not growing, folks are not taking risks, they are not expanding, and so we talk about what we can do here in Washington, and as it relates to this, you know, SBA, what a perfect place to address those concerns. Ms. Gustafson. I do think, kind of as you intimated, that is a much better question for the administrator in that it is a policy question, but I do have a couple thoughts on that. One is, it does seem to me from what they have stated that SBA consider that to be one of their very important jobs. Now, one of the things that has been noted in a couple reports, specifically in the GAO reports, is, I think there is some question about, kind of, the counseling centers. One of the main ways that citizens do have contact with SBA or other government agencies are through several, several different types of counseling centers located throughout the country. SCORE, which is the retired executives, there are women's counseling centers, there are veterans counseling centers. And one of the questions that I think might be helpful to have the SBA think through, and is something that has been raised in these GAO reports, is whether those centers are duplicative, whether, perhaps, some of these resources might be better used if there is a consolidation of them. Commerce has some of these centers. Agriculture has some of these centers. SBA has some of these centers. I am not saying absolutely they need to be eliminated or gut down to one, but I think there are questions there about efficiencies in that, such that I think if the agencies, and, again, the GAO duplicative report, the first one that they issued, which was at least a year ago pursuant to statute, talked about these centers. It raises, I think, a lot of good questions, especially in these times that I think should be thought through about whether the federal government is doing this as smartly as they need to, because it has become, just like in many times in the lending programs, because there are lending programs in several different agencies, it is a patchwork, just kind of in the nature of the government. And maybe it is time to take a look at that and see if there can be more bang for the buck by kind of combing through that and doing it the most efficient way possible. Mr. Yoder. Great. And thank you, Inspector. Thank you, Mr. Chairman. Mr. Crenshaw. Thank you. Ms. Herrera Beutler. Ms. Herrera Beutler. Thank you. And I am not sure I am going to have the right name of this program. So this might be a follow up conversation, but it is something I am very interested in. In recent weeks I have had some small mills in my area contact me, timber mills, regarding a program through the SBA where it is incentivizing timber sales. And what they are expressing to me is some real challenges, that the SBA is not, and I am trying to get details on it, but not fulfilling, basically, I do not know if it is the letter of the law or the spirit of the law with regard to the set-aside. Are you familiar with it? Ms. Gustafson. I am not but, you know, we can go back, and we can get more information. Ms. Herrera Beutler. I would very much like to. Ms. Gustafson. I can make sure that the agency knows that they are asking us, and they will know, and we can get you some answers. Ms. Herrera Beutler. That would be great. I will get you all the specific information. I was just hoping you would know. It is like my memory, I am going two months back in my calendar going, okay, I had the title of this program, and I do not remember it. But I believe it is the only, within SBA, I believe it is the only program that deals with timber sales for small mills. Ms. Gustafson. Sure. Ms. Herrera Beutler. So I do not think there are a lot of them. Ms. Gustafson. Right, one would think. But, yeah, but we can definitely look at it. And I am sure, in the big scheme of SBA, it is small enough such that we may not have looked at it, but it does not mean that we cannot get you answers. We can do that. Ms. Herrera Beutler. That would be great. That is what we would like to follow up on. So that is it. Ms. Gustafson. All right. Ms. Herrera Beutler. Thank you, Mr. Chairman. Mr. Yoder. Thank you. Mr. Quigley. Mr. Quigley. Thank you, Mr. Chairman. Morning. Ms. Gustafson. Good morning. Mr. Quigley. Earlier in your testimony you talked about your staff having to make decisions about whether or not to pursue a case. What number of people are we roughly talking about? Ms. Gustafson. On that I was talking about my criminal investigators. Mr. Quigley. Right. Ms. Gustafson. Right. And I think that I am at, I should know that off the top of my head, I am either at 40 or 42. About 40, 40. And I am about 100, as far as my professional staff, I am almost evenly divided. I have more criminal investigators than auditors right now, but we are talking about 40. Mr. Quigley. So when you talk to them or their supervisors, this choice you talk about them having to make. Do you talk in general about how to set that criteria, I mean, besides a judgment call? Is it likelihood of winning? The amount in question? Who the victim is? How egregious this is? I mean, what are the criteria, or do you let them decide that for themselves? Ms. Gustafson. They are not on their own just deciding for themselves. First off, I will tell you that we are talking about a universe of cases. I can even limit this conversation to likelihood to win. You know, we are talking about cases where we think that there is a potential to win. Very often that decision is made certainly with supervisors, but also, quite frankly, my criminal investigators work very closely with their U.S. attorneys and their assistant U.S. attorneys wherever the crime is located because, often, one of the factors has to be will the prosecutor, at least to go criminal, will the prosecutor take this case. Or if they are not going to take this case, they also say, will the civil attorney take this case. Mr. Quigley. Prosecutors like to win their cases. Ms. Gustafson. And they like to win big cases. So it is never, you know, it is not a function of us bringing cases that they are not going to win, it is a function of bringing cases that they are going to win big. We have a loan case made by one of my agents in D.C. that involves $100 million loss to the SBA, $100 million. We have a case, again, involving contracting, and bribery, and kickbacks involving, I think it was, a $1.2 billion contract and they were trying to steer an almost $780 million contract, and there were, we proved, at least $20 million in kickbacks. Not every case I have is a $20 million or $100 million case, but they are big, they are really big. Mr. Quigley. But we do not want to give people the impression in this country that if you steal $10,000 or $20,000, no one is going to come get you. So how do we avoid that perception? How do you at least go after enough of them to scare people to think that, well, the decimal point is in the wrong spot for them to come after me. Ms. Gustafson. Well, one of the things that I am actually most proud of my office recently is we have had some really big victories, and when I say big victories, I mean to the community who is caring about this stuff on just those type of cases. So, for example, you know, we have the HUBZone program which involves contracts which tend to be smaller and which involve cases that tend to be more complex. And I will tell you that I think, historically, sometimes those cases are hard to get accepted because a prosecutor also likes a case that is easy to win because it saves them time. And the HUBZone program is very complicated. There are all these, you know, you have to have so many people that live in the HUBZone. And you have to attempt to maintain that residency and all of that. But we had a very big victory in Kentucky in a HUBZone case that resulted in a multi-million-dollar judgment. Now, I will tell you that when we get those type of cases, we just had somebody plead guilty to a case where he had not even gotten a contract, but he had lied to get into the 8(a) program. Now, those cases, I think, have a very chilling affect because I think the people who matter are paying attention to those cases. And so I have been very heartened because it seems like there is definitely an appetite for those cases on the part of many of the prosecutors. They often tend to be U.S. attorneys because they are federal cases. It is federal statutes. But I think that especially in the contracting arena, which has been traditionally harder to do because you have a contract where the government is getting what they were supposed to get. And so sometimes prosecutors used to be, well, you know, okay, so maybe he should not have gotten the contract, but at least you got your widgets. I am seeing a turn in that, and I am seeing that there is an appetite for those cases, which is great, because, personally, as a former prosecutor, I think they have tremendous jury appeal because that really upsets citizens who are playing by the rules, you know. And I think we have had some really good victories. And, like I said, I think that the people paying attention to that, the loan cases, the contract cases, they are being noticed. So I do think that that message is getting out. Mr. Quigley. I think there is some inside sports involved to the point you made that people who work in this field follow that stuff. Ms. Gustafson. Right. Mr. Quigley. But I am curious if there is another way to let people out there who would play games with this. I mean, how do you publicize these cases? I mean, how does it get out to the general public? Ms. Gustafson. Well, very often, DOJ takes the lead on that, which is fine, which is fair. They are the attorneys. So they do get out. But I do think, and, again, it might be insider baseball, but I do note that on all the papers that we all in this room tend to read, the GovExecs, those things, The Federal Times, things like that, The Fed Page on the Washington Post, again, that is insider baseball, but these cases will get noticed in that. A lot of times in the lending community, some of my biggest cases, the one in Baltimore and then also I have a very large case in Missouri, actually involves, like, a community, I mean, people who kind of know one another, and it just kind of gets out. This was in Springfield, Missouri. Mr. Quigley. And I appreciate that. I guess my final point would be, and we talked to the administrator, perhaps, but you could encourage this as well, through the application process reminding people of what prosecution can mean to them would help as well. Ms. Gustafson. And to your point, and I appreciate you making that point, one of the conversations that I have actually been having is, is I think that the SBA website is a tremendous place to put that kind of notice. And I think you are right. I think you could reach a lot of people that way. I think some of these cases that I am talking to you about now that I guess I would call smaller, and, to be fair, maybe that is not giving them enough credit, I think that there are ways to publicize that, and that will reach a lot of people. So I appreciate your thoughts on that. And I would say that mentioning that to an administrator would only help as we go forward because they certainly do those portals that the public often visits. You know, we have a presence on the web, but we are way on the bottom on this side. That is where they put us. Mr. Quigley. Well, I appreciate that, and I thank you for your service. Ms. Gustafson. Thank you. Mr. Quigley. Thank you, Mr. Chairman. Mr. Crenshaw. Thank you, Mr. Quigley. We have got time for a couple more questions. And one thing that keeps bothering me is to hear you talk about is that there is an awful lot of money involved, and so it is almost like we just assume there is going to be a lot of fraud, a lot of corruption. And then, of course, you got to come in at the end and try to catch everybody. But if we got $100 billion out, part of those loans are made by outside kind of third-party lenders. And Mr. Yoder talked a little bit about it. Somehow we got to do a better job of having oversight on these lenders. Maybe it is a point well taken that we ought to talk to the SBA and say, ``How do you decide who is going to oversee these loans?'' Then the other part is you got these improper payments. And once again, it is just like you assume we got $800 million that is going to go for hurricane relief, and we just sit here and assume a lot of that is going to get wasted. People in Ohio are going to ask for money. And somehow, again, that is not your problem. That is a policy decision that SBA has got to do a better job of. But maybe you get to see that; you see it up close, you tell them they are making improper payments. I think I read somewhere they said, ``Well, we are not making any improper payments.'' You said, ``Well, you made like 1,100 improper payments.'' Ms. Gustafson. Right. Mr. Crenshaw. I think in the 7(a) it is like 20 percent; Disaster it is 17 or 18 percent. Ms. Gustafson. Right. Mr. Crenshaw. So from your perspective, and when we talk to them, we are going to encourage them to do a better job, but in your view, is that just lack of oversight, or is it outright fraud, or is it a combination of both? I mean, how are we going to solve the problem so that you do not have to clean up such a big mess every time? Ms. Gustafson. I think that there are a couple of things. I do think that historically, and I am going back truly historically, SBA really viewed itself solely as an advocacy organization. I mean, I really think that they took very seriously and fairly, that their job was to make sure that the money was going out the door and serving the public because that is why they were there. I think that their focus on oversight is often very, very, very secondary to that. And I think the fact that they view themselves as an advocacy organization kind of cuts against them seeing themselves as an oversight organization because sometimes they get worried, well, we do not want lenders to leave the program. And, of course, you do not want good lenders to leave the program. I would argue maybe not so much if there are bad lenders, it would not be the end of the world if they left the program. So I do think that they need to constantly let it be known that they do have a role in oversight. And you are right, the fact that the lending authority is now delegated caused a sea change. It is vastly different from what it was when SBA was created, and they were all direct loans. Again, as I said earlier, I personally, and again, I have three years there, have seen them spend more time and talk a lot more about their role in oversight, and their role both in lending oversight and in contracting oversight which is a key first step, because the message has to come from the top, especially one that had not been the message before. Mr. Crenshaw. It sounds like it is almost like they view it as a grant program. That is a point well taken. We want to help everybody. We want to get the money out. Ms. Gustafson. Right. Mr. Crenshaw. And somebody said, ``Wait a minute. I think they are supposed to pay this back.'' And so now we are kind of focusing on making a good loan that has a chance of being repaid. Ms. Gustafson. Right. Right. And to be fair, obviously, you know, I would hate to come out of this thinking that I thought that lenders were doing a bad job. I mean, I think the lenders take their job very seriously, and I mean, they are banks. I mean, they take their responsibilities very seriously, and they do not want to make bad loans. And so I do not want to imply that all heck is breaking loose because, you know, they have guarantees. I mean, I certainly would not go that far. But I think that you are right. I do think the focus on improper payments is one that I, personally, have had very animated disagreements with the administrator on this because I do not know if they take it as seriously as they should. You know, I was actually on the Hill when the Improper Payments Act, I worked with people on this and Homeland Security, and so I know how important it is. And, you know, I do not think it is enough to say, well, the loan is getting repaid, so it is going to be okay. Or, you know, they did the best they could. I do not think that that is what the Improper Payments Act means. And I struggle with them. I struggle sometimes because I do not think the agency necessarily always sees it that way. Now, I think the agency will tell you that they are making progress, and, you know, the Improper Payments Recovery Act is just a couple years old. And our annual review has shown that they are getting better in their processes. But, you know, I have unfortunately also seen when I first came, kind of, they were here on 7(a), and I was here. We kind of came closer together. Well, I should not do it that way. They moved closer to me. As we went through, their rate actually came much closer to mine. And the next year I found myself in the exact same position, where I was up here and they were down there, and that was frustrating for me. You know, I think there is, you know, a fear of the improper payments rate such that, you know, that they are disagreeing with me. And, I mean, I think my rates are right. And you are right; my last 7(a) rate was still substantially higher than theirs. We did not go behind theirs. And so I think that focusing on that and emphasizing that that is something that is very important would be extraordinarily helpful. Mr. Crenshaw. I think that would be a thing that we could help as we talk to those folks. Ms. Gustafson. Yeah. Mr. Crenshaw. And just in terms of recovery. Ms. Gustafson. Right. Mr. Crenshaw. I understand that they do not seem to have that as a priority. You make a bad loan; it does not get paid back. I think what I hear you saying is sometimes you are charged with finding the things that go wrong. Ms. Gustafson. Right. Mr. Crenshaw. And what might look like fraud, it might look like administrative lack of oversight, somehow we need to encourage the agency to just do a better job. It would just save us all a whole lot of money, the taxpayers, the government, everybody else, if they did a better job. Actually, then we would not have to give you as much money to go out and catch all the bad guys. Ms. Gustafson. It certainly costs less to stop the money going out the door than to go back and get it. But to your point, our last Improper Payments Review noted that one of the things in the Act that they have not yet shown is they are supposed to do a cost benefit analysis about whether recovery audits would be feasible and worth the time. And that had not been done by the time of our Improper Payments Review. I think they said it would be done by the time they released their annual financial report to the president, I think it was. But I would strongly encourage you to, when they do make that decision, ask them how they decided. Because if I were a betting girl, I would bet they are going to say it is not worth it. Mr. Crenshaw. Well, we appreciate that. Mr. Serrano. Mr. Serrano. Thank you. You know at the expense of sounding like I am going to praise you all day, that was masterful how you went around, around, around, to come to your important point of, therefore, we can give you less money in the future. Mr. Crenshaw. It just happened. Mr. Serrano. That is good work. Somehow I would have come up with a different. You need to grow. We call it investment. Ms. Gustafson. Fivefold return. Mr. Serrano. Yeah. You know, you are so right, Mr. Chairman, for so many years. And I have been doing this for a long time now. There are a lot of people out there who actually think that SBA is strictly a grants program, that somehow there is no repayment involved. And when we tell them there is, they go, ``Really?'' And we say, yes. It is like the rest of us, so, but, you are right. Some things we have to work on. You know, one of the things that we learn when a tragedy hits home is what other people go through. Once Congress dealt with the Katrina issue, to many of us, unfortunately, that was out of sight, out of mind, it is over. Ms. Gustafson. Right. Mr. Serrano. And now that we are dealing with the affects of Hurricane Sandy in New York, we know that these are things that will last for a long, long time. The September 11 attacks these many years later are still very much a health issue, a business issue, an emotional issue in New York, a security issue in New York. So what have you learned, in your opinion? What has the SBA learned from dealing with Hurricane Katrina that they can now apply to dealing with Hurricane Sandy? Because as this continues to be an issue, of course, there is, you know, everything, from, ``When are the loans coming? When are the dollars coming?'' It is always a matter of, you know, the red tape, and paperwork, and so on. There are other related issues that have to deal with mold removals and the whole thing. But what do you think we learned from Katrina that we can apply to Sandy and to further situations, because, unfortunately, you know, it is not made up by the media, this weather situation seems to be getting rougher and rougher all the time. Ms. Gustafson. Well, I think, you know, I would like to kind of defer my answer. I will know better how well they learned when we get in there and do some audits to see how well they did compared to Katrina, you know, some of the lessons learned. I do think one of the key lessons from Katrina, certainly both for the IGs and for the agencies is, you know, it is almost fantasizing to me, one of the most interesting things about a natural disaster is how many different federal agencies have a crucial role in that disaster and how disparate those agencies are, up to and including the SBA. I mean, I would think the average homeowner does not think, if my home is destroyed by a hurricane, the Small Business Administration is where I am going to get the loan. I mean, the word ``business'' is in there. I mean, who thinks that that is where you get the loan to rebuild your house? So, I think one of the key lessons for Katrina is going to be if the coordination has worked better as far as how the federal government responds to a disaster. And again, and I am not talking about the bottles of water and stuff like that, but I am talking about the aid to the victims. And I think that we certainly saw some big issues with that. We saw a lot of duplication of benefits because FEMA gives money, SBA loans money, and HUD, later, through Community Development Block grants in the states gives money again. And sometimes the money is for the same thing, and, you know, there is supposed to be a certain priority for the money, and, quite frankly, the way the system works is to the extent that you can pay it back, the government wants that money back. I mean, priority is supposed to be given to the loans. But what we saw in Katrina that is concerning to me, especially in these economic times, is a lot of times through the Block Grants that came later, they were used to pay off the loans, so that the government was paying itself back, and then the people got grants for that purpose. And our audit in that, I forget how many hundreds of millions of dollars that we found that we thought were duplication of benefits, and it was because HUD comes in later, and there can be confusion over who is supposed to do the priorities and in what order, and what that money is supposed to be used for. Homeland Security has a key role in prioritizing it, but one of the difficulties is, to be fair, they are also focused on their mission. I mean, HUD has a very specific mission; FEMA has a very specific mission on dealing with the victims; SBA has their own mission. I think sometimes that gets lost, and, for me, especially because of the money issue, that is going to be something that is key for us to see if that has improved because I think that could be significant money. Mr. Serrano. Right. Well, I know that you will stay on top of it, and in the process to make sure that this happens and the money flows. I have one last question, and it is, in your testimony you highlight several areas where the SBA made improvements based on your recommendations. You know, Inspector Generals are seen sometimes as, you know, being in the way. What is, in general, your relationship to the SBA, and then if it is not perfect, you know, what needs to improve, in your opinion? Ms. Gustafson. If it is perfect, I am probably being too nice, to be fair. I mean, I think that that is true. Mr. Crenshaw. By the way, after they get the transcript of this hearing---- Ms. Gustafson. I do not know if they are here right now, so I guess it depends---- Mr. Serrano. You mean this is a public meeting? Ms. Gustafson. You know, I spent eight years in an auditor's office before I came to D.C., and we were always viewed as the enemy, and we were always viewed as, ``You only come here and tell us what we are doing wrong,'' which was our job; ``Why can't you ever tell us what we are doing right?'' Well, that is your job, do it right. But, you know, I do think that it is important, and what I have strived to do is to have a respectful relationship with the agency. And I think, you know, I do want to be fair on that. Improvements have been made. On improper payments, they have made improvements in the reporting. The quality assurance, for example, in the 7(a) program on improper payments is a concern, but in the management challenges, we made clear that at least they have one; I mean, it truly is progress, I am not trying to belittle that. I mean, they are making progress, and I tried to make those points to the extent that I can without all of the sudden having a 600-page report to tell them everything they did right in the last six months. So I think in that way it is a good relationship. I think in other ways it is a typical relationship; you know, they hate to see us coming. I mean, you know, that is every agency, they just hate to see the IG coming. But it is working. I was heartened in the management challenges that we had, I think, six go up, six made progress. And I think that that is very good, and I think that that was more progress than historically often happens. And so I think that that is good, and I hope that that message comes out, if not here in the transcript, at least in the report. Mr. Serrano. Right, sounds something like Congress' relationship with the media. We have been waiting for that one story that says that we have done a great session and did everything right. Yeah, I am not going to hold my breath. Anyway, thank you so much for your service. Thank you for your work. Please, please keep an eye on the whole Sandy thing. Ms. Gustafson. Yes, yes. Mr. Serrano. Like I said, it is something we did not know existed, and we saw it upfront, and it is very sad. Ms. Gustafson. Right. Mr. Serrano. And I think we need a lot of help. Thank you so much. Mr. Crenshaw. Does anybody else have any questions? Well, once again, we thank you for spending the morning with us, appreciate the work that you are doing very, very much. Ms. Gustafson. Thank you. Thank you very much. Thank you, Chairman. Mr. Crenshaw. Thank you. This meeting is adjourned. [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] W I T N E S S E S ---------- Page Gustafson, Peggy................................................. 193 Hoecker, C. W.................................................... 1 Tangherlini, D. M................................................ 127 White, M. J...................................................... 45