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1 Unprecedented Accountability and Transparency of Recovery Act Funds— Wave of the Future? Toronto, Ontario Chapter Professional Development Day October 20, 2010 Jeff Hart, CGFM, CFE AGA Past National President
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0 Unprecedented Accountability and Transparency of Recovery Act Funds Wave of the Future? Toronto, Ontario Chapter Professional Development Day October.

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Page 1: 0 Unprecedented Accountability and Transparency of Recovery Act Funds Wave of the Future? Toronto, Ontario Chapter Professional Development Day October.

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Unprecedented Accountability and Transparency of

Recovery Act Funds—Wave of the Future?

Toronto, Ontario ChapterProfessional Development Day

October 20, 2010

Jeff Hart, CGFM, CFE

AGA Past National President

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AGENDA• Overview of American Recovery and

Reinvestment Act (ARRA) and Impact on EPA Operations

• Job Creation/Saving

• Environmental Results

• Some Questions &

Key Points To Take Away

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Some Questions For Today

How has this unprecedented level of accountability and transparency raised the bar for all US-EPA programs?  Has it also raised the bar for all government programs?  Has it raised the bar in Canada?  Might it raise the bar around the world?

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The American Recovery and Reinvestment Act (ARRA)

President Obama signed the $787 Billion

American Recovery and Reinvestment Act (ARRA, or Recovery Act) of 2009 into law on February 17, 2009 in Denver, CO

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The Recovery Act’s 3 Goals

Create new jobs and save existing jobsSpur economic activity and invest in long-term growth, andFoster unprecedented levels of accountability and transparency in government spending.

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ARRA Funding - $787 Billion

Tax Cuts

$288

Grants,

Contracts and

Loans

$275

Entitlements

$224

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Where is The $787 Billion Going?

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$275 Billion for Federal Contracts, Grants and Loans

300 different programs spanning dozens of Federal Agencies

EPA$7.22 Billion for 6 programs

$20 Million -- Inspector General

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EPA’s ARRA Funding $7.22 Billion

CWSRF-$4B

DWSRF-$2B

SF-$600M

DERA-$300M

LUST-$200M

BF-$100M

OIG-$20M

CWSRFDWSRF

SF

DERALUSTBF

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Region 8 ARRA Funding$384 Million

$371M in Grants and Contracts

$3.5M in ARRA Management and Oversight Funding

$9.5M in set-asides for R8 TribesThis funding is managed out of HQ

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Current ProgressQ3 2010 Quarterly Report

15,764 jobs created or retained (36,092 to date)

935 in Region 8

57 % CWSRF funds spent74% in Region 8

62% DWSRF funds spent 74% in Region 8

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Current ProgressQ3 2010 Quarterly Report

51 Superfund sites

initiated construction

9 in Region 8

8,500 diesel engines retrofitted, replaced or retired--reduced the lifetime emissions of carbon dioxide by 230,000 tons and particulate matter by 1,100 tons

268 in Region 8

649 LUST site assessments begun

55 in Region 8

263 Brownfields site assessments initiated

10 initiated in Q2 2010 in Region 8

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Colorado’s “Top 10” Categories of  $1.588 Billion ARRA FundsState Fiscal Stabilization Fund $760,242,539

IDEA Part B Grants to States $148,730,571

MEDICAL ASSISTANCE PROGRAM $140,911,583

Title I Grants to Local Educational Agencies

$110,905,813

Weatherization Assistance for Low-Income Persons (A)

$79,531,213

State Energy Program (A) $49,222,000

Section 8 Housing Assistance Payments Program Special Allocations

$35,545,846

EPA Drinking Water SRF $34,352,000

EPA Clean Water SRF $31,347,700

Tax Credit Assistance Program $27,349,670

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Gene L. Dodaro , Acting Comptroller General , U.S. Government Accountability Office

“Experience tells us that the risk of fraud and abuse grows when billions of dollars are going out quickly, eligibility requirements are being established or changed, and new programs are being created.”

– GAO’s Role in Helping to Ensure Accountability and Transparency, March 9, 2009

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A key objective of ARRA is to minimize fraud, waste, and abuse

– Even a 5% error rate places $40 billion of total program funding potentially at risk for fraud, waste and abuse

– The federal government expects States to embed anti-fraud, waste and abuse efforts into ongoing oversight of programs

– Existing systems and controls may not be capable of addressing increased expectations

– The public has zero tolerance for fraud, waste and abuse

– Additional funding for audits, law enforcement and inspector general oversight

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OMB’s Recovery Act Guidance Stresses Accountability

o Funds awarded in a prompt, fair, reasonable manner

o Recipients and uses of funds transparent

o Funds used for authorized purposes and instances of fraud, waste, error, and abuse mitigated

o Unnecessary delays and cost overruns avoided

Achieve programmatic goals

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Section 1512 Reporting : Data Elements

Data elements to be collected were published in Federal Register 4/1/09

Requires one report per award

There are five sections:

1. General Section:

– One report for each award that includes project period and awarding Federal agency

2. Section 1: Project & Activity - Cash Received & Disbursements

3. Section 2: Project & Activity - Outputs & Outcomes

– Status of Work Completed

– Jobs Created or Retained

4. Section 3: Subrecipient Information

– Cash Disbursed by Recipient

– Date of subaward and grant period

5. Section 4: Aggregate Awards - Total awards <$25,000

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Certification and Maintenance of Effort

CertificationCertification elevated to the Governor, Mayor or other State officials

Upfront certification prior to spending

– Infrastructure investment has been reviewed

– Full responsibility is accepted as to the appropriate use of the taxpayers’ funds

Maintenance of EffortFederal funds cannot be used to supplant local funding

Must be used for additive projects, not applied to cut-backs

Governments will need to document current level of effort

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Recovery Accountability and Transparency Act Board

coordinate and conduct oversight

quarterly reports

recommendations

may send Flash reports to the President and Congress problems that require immediate attention

established and maintains a user friendly website, Recovery.gov, to foster . accountability and transparency

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Recovery Accountability and Transparency Act Board

The Honorable Earl E. Devaney, Chairman

The Honorable Phyllis K. Fong, Inspector General Department of Agriculture

The Honorable Todd J. Zinser, Inspector General Department of Commerce

The Honorable Gregory H. Friedman, Inspector General Department of Energy

The Honorable Daniel Levinson, Inspector General Department of Health and Human Services

The Honorable Richard L. Skinner, Inspector General Department of Homeland Security

The Honorable Glenn A. Fine, Inspector General Department of Justice

The Honorable Calvin L. Scovel, Inspector General Department of Transportation

The Honorable Eric M. Thorson, Inspector General Department of Treasury

The Honorable J. Russell George, Treasury Inspector General for Tax Administration

Mary Mitchelson, Acting Inspector General Department of Education

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Recovery.gov WebsiteDetailed data on contracts and grants

Progress reports on spending and accomplishments

Links to grant, loan, contract opportunities

Map-based view of where the spending is going

Subscription content to be informed with targeted changes

Ability for access to bulk data for individual analysis

Reports from GAO, IG, CEA

Vignettes on results/accomplishments

Responses addressing public feedback

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EPA Oversight

Assistant Administrator---”Senior Accountable Official”--lead and coordinate all agency activities related to stimulus fundingSteering Committee--senior managers monitor stimulus project planning and implementation meets weeklyInspector General--$20 million for oversight Public can track EPA's distribution of stimulus cash on the agency's Web site

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Development of the Stewardship Plan

Required broad participation

Plan addresses following areas: Grants management

Interagency Agreements

Contracts management and procurement issues

Payroll and human capital

Budget Execution

Performance reporting

Financial reporting

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DRAFT RECOVERY ACT STEWARDSHIP PLAN

EXECUTIVE SUMMARY

May 5, 2009

 

The Recovery Act Steering Committee established an Agency-wide Internal Controls Workgroup that was charged with creating the Recovery Act Stewardship Plan.

Subcommittees are made up of Program Office, administrative, and Regional representatives with an OIG advisor.

The Stewardship Plan is based on the five GAO Internal Control Standards: Control Environment, Risk Assessment, Control Activities, Information and Communication, and Monitoring. Risk mitigation strategies from the OMB 02/18/2009 and 04/03/2009 Recovery Act Guidance documents and the OIG’s “Initial Plan for Oversight of Recovery Act Funds” were addressed. Additionally, OIG Open Audit Issues, OEI’s Management Action Plan, other agencies’ best practices (DOJ, USPS, Commerce, DOI, and NSF), and the Agency’s Katrina Stewardship Plan were all considered during the development of the Recovery Act Stewardship Plan.

 

 

 

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OIG Focus

IG focus on OMB accountability objectives

Evaluate the process for awarding funds

Review the quality of data systems

Assess performance

IG will conduct:

Performance audits

Financial audits

Investigations of fraud, waste, and abuse

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Types of OIG Reviews

Forensic Audits

Performance Audits

Program Evaluations

Investigations

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Forensic Auditsof Recipients and Subrecipients

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Identifying Candidates

Unusual Patterns of Drawdowns

Prior Report Findings

Hotlines

Recovery Accountability and Transparency

Board Referrals

Prior Issues with Recipient or Subrecipient

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What Does the OIG Review?

Construction Site

Progress/Materials

Individuals Working

Buy American Requirements

Davis Bacon Requirements

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What Is OIG Reviewing?

Loan-Recipient Office

Procurement

Financial Systems

Project Oversight

Recipient Reporting

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On-Going Performance AuditsCompetition for DERA Grants

Contractor Performance Evaluations

EPA and State Oversight of Clean Water SRF Projects

Implementation of Recovery Act Stewardship Plan for Superfund Remedial Program Contracts

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On-Going Performance Audits

Resources for Recovery Act Oversight

Use of Interagency Agreements

Financial Reporting of ARRA

Effectiveness of EPA Data Quality Review Process

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GAO Findings to DateMay 26, 2010--Clean Water Projects Are Underway, but Procedures May Not Be in Place to Ensure Adequate Oversight

Dec. 10, 2009—One Quarter of Recovery Act Funds Administered by States and Localities Has Been Paid Out

Nov. 19, 2009--Recipient Reports: Good Initial Efforts to Ensure Accurate Reporting but Significant Data Quality Issues Need Addressing

Sept. 23, 2009--Need for Recovery Act Accountability and Reporting Challenges to Be Fully Addressed

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GAO Findings to DateMay 26, 2010--Clean Water Projects Are Underway, but Procedures May Not Be in Place to Ensure Adequate Oversight

June 22, 2010--EPA Submitted Accurate and Timely Recovery Act Financial Reports

September 27, 2010-- EPA Effectively Reviewed Recovery Act Recipient Data but Opportunities for Improvement Exist --Identified errors in 3 percent of recipient entries. EPA did not identify any of these errors as significant.

Several OIG site inspections revealed nothing that would require action.

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GAO Findings to DateMay 26, 2010--Clean Water Projects Are Underway, but Procedures May Not Be in Place to Ensure Adequate Oversight

Dec. 10, 2009—One Quarter of Recovery Act Funds Administered by States and Localities Has Been Paid Out

Nov. 19, 2009--Recipient Reports: Good Initial Efforts to Ensure Accurate Reporting but Significant Data Quality Issues Need Addressing

Sept. 23, 2009--Need for Recovery Act Accountability and Reporting Challenges to Be Fully Addressed

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Region 8 ARRA Monthly ReportSept. 2010 Outlay Rate and Jobs Reported

*Full Jobs Created number unavailable for Eureka IAG

Program(A) Amount

Awarded

(B) Total Outlays (thru

6/30/10)

(B/A) Cumulative

%

National Average

% Outlays

Reported Jobs (for

FY10 Q3)**

Drinking Water SRF $134,452,000 $99,708,207 74% 62% 357

Clean Water SRF $126,354,000 $93,932,258 74% 57% 363

604b $1,303,000 $761,574 58%

N/A (included in

CWSRF) 5

Superfund $64,150,180 $32,960,256 51% 56% 140

DERA $17,770,597 $12,551,798 71% 43% 45

LUST $9,773,000 $4,286,841 44% 38% 19

Brownfields $5,429,900 $2,009,292 37% 26% 6

Totals $359,232,677 $246,210,226 69% 57% 935

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R8 Outlays Compared to AwardsCumulative through the end of May 2010

Amounts in millions

$0

$20

$40

$60

$80

$100

$120

$140

DWSRF CWSRF SF DERA LUST BF 604b

Awarded

Outlays

74% 74%

51%

71%

44% 37% 58%

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Regional AccomplishmentsCumulative through FY10 Q3 (6/31)

Nearly $312M in CW and DW SRF projects have started construction.1 Superfund project achieved design completion. 1 Brownfields property has been cleaned up. 1,000 diesel engines have been retrofitted, replaced or retired.

25,000 tons of CO2-equivalent emissions have been avoided.

32 LUST assessments and 15 cleanups have been completed.

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Selected 2010 Brownfields Accomplishments

City of Missoula, MT$25,000 -- asbestos abatement at former freight depotNow a community nutrition center + 17 low-income homesProvides fresh local food for neighborhood with household income level $7,000 below medianhouseholds receiving public assistance is twice as high as the city overall

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Selected 2010 DERA Accomplishments

Sioux Falls, SD School DistrictReplacing 10 buses, new lower-emission models + installing 20 pre-heaters

New engines + idle reduction + fuel conservation programsHighest honor possible--Gold Level “Green Fleet Certification”

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ARRA Success – Diesel Emissions Reduction Act (DERA), Decker, Montana

State of MT in partnership with Decker Coal Company

$700k to repower 4 high emissions oversized coal-hauling dump truck engines

Old engines used Ultra Low-Sulfur Diesel fuel but still emitted high levels of particulate matter and toxics

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Jobs, Health, + 76% Return on Investment 9.29 mechanical and

administrative jobs created or retained in environmental justice community

$532k in health care cost savings associated with

premature mortalitychronic & acute bronchitisrespiratory symptomsasthma exacerbationnonfatal heart attackshospital admissionsemergency room visitswork loss days, and minor restricted activity days

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Exceeded Original Pollution Reduction Goals by 114%

Actual Results Projected Results

Lifetime (tons) Annual (tons) Annual (tons)

N0x 2,136.86 118.71 24.8

PM 148.08 8.23 3

HC 78.66 4.40 3.3

CO 196.33 10.91 21.7

CO2 9,478.29 526.57 303.6

Total 12,038.22 668.82 356.40

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Implications to EPA

ARRA significantly increased EPA’s Budget and Increases Risk of Error/Mistakes

With limited time to obligate funds and high priority from the Administration to spend funds quickly/accurately/well, stewardship of funds takes on a “higher profile”

Unprecedented transparency to public – EPA records/results open to increased scrutiny

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Some Themes From PSMW-Halifax (June 2010)—Same in U.S.

Difficult Economy

Structural Deficits

Unsustainable

“Back to Balance”

Cut Services/Costs

Increased Public Pressure to Reduce Costs Yet Maintain/Increase Services

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Implications of Increased Transparency & Accountability

Increased Scrutiny

Increased Risk & Decreased Tolerance for Mistakes & “Mismanagement”

Increased Demand for Improved Management/Results

Increased Demand for Quality Data/Info

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Open Government Directive

December 2009, Office of Management and Budget

publish government information online,

improve information quality,

create and institutionalize an open government culture, and

create an enabling policy framework for open government.

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High Note! Implications/Opportunities for Us

FM’s Role More Important Than Ever

Increased Attention on:Data/Info for Decision-making

Internal/Management Controls

ID & Mitigating Risks (financial & program)

Measuring/Improving Program Results

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Recovery.gov opening book on open government

“Agencies at all levels of government must view this as not just a passing management phenomenon, but as a way to rethink how government communicates with the public.

…the new accountability and transparency movement will likely increase public expectations for real-time spending information.

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October 17, 2010-- Jeffrey C. Steinhoff, executive director of KPMG Government Institute and managing director of KPMG LLP

“…government managers will be on the hot seat like never before.

Is government turning a new page in accountability, transparency and intergovernmental relations?

It will be up to everyone to find new ways to meet the goals of open government and satisfy a public that is more insistent than ever on knowing what it is getting for its tax dollars.”

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Questions?

Jeff Hart

[email protected]

303-907-4664