This invited speech was delivered to the Business Law Section of the Dallas Bar Association. The speech addresses why the new UNT Dallas College of Law is being created and why now. The new UNT Dallas College of Law is anticipated to open in August 2014.

Testimony issued by the Government Accountability Office with an abstract that begins "In fiscal year 2010, 13 federal agencies invested over $3 billion in 209 programs designed to increase knowledge of science, technology, engineering, and mathematics (STEM) fields and attainment of STEM degrees. The number of programs within agencies ranged from 3 to 46, with the Department of Health and Human Services, Department of Energy, and the National Science Foundation administering more than half of the 209 programs. Almost a third of all programs had obligations of $1 million or less, while some had obligations of over $100 million. Beyond programs specifically focused on STEM education, agencies funded other broad efforts that contributed to enhancing STEM education."

Correspondence issued by the Government Accountability Office with an abstract that begins "According to DOD data, over 500,000 passengers used the space-available travel program from fiscal years 2009 through 2011. DOD data show that the five most-used air terminals have limited seats available. Specifically, seats for the three most-traveled destinations from each terminal were near capacity in Fiscal Year 2011. While there were some unused seats for space-available travel, these may be seats on routes with less-desirable destinations or during less-popular travel months. Additionally, DOD officials indicated that existing challenges with usage of the space-available travel program, adherence to DOD's original intent for the program, and air terminal logistics and maintenance would be exacerbated if the number of eligible passengers were to increase."

Correspondence issued by the Government Accountability Office with an abstract that begins "In summary, we found that DOD's fiscal year 2013 corrosion budget report to Congress (1) included some, but not all of the six mandated elements; (2) included a funding request that equals DOD's fiscal year 2013 stated requirements for corrosion activities and projects; and (3) lacked information needed to calculate the potential cost avoidance. First, DOD included three of the six mandated elements, did not include two of the elements, and one of the elements was not applicable this year. For example, DOD included the most recent annual corrosion reports of the military departments, attached in an annex. However, it did not include the funds requested in the budget compared to the funding requirements for the fiscal year covered by the report or the previous fiscal year. Second, DOD officials stated that the fiscal year 2013 budget request and the fiscal year 2013 funding requirements for activities and projects are the same this year--$9.1 million. According to these officials, DOD does not have any fiscal year 2013 unfunded requirements for corrosion activities and projects. Third, we did not calculate the cost avoidance DOD could achieve with its fiscal …

Correspondence issued by the Government Accountability Office with an abstract that begins "Senior military officials recently testified before Congress that current and future adversaries are likely to use "hybrid warfare" tactics, a blending of conventional and irregular approaches across the full spectrum of conflict. In addition, several academic and professional trade publications have commented that future conflict will likely be characterized by a fusion of different forms of warfare rather than a singular approach. The overarching implication of hybrid warfare is that U.S. forces must become more adaptable and flexible in order to defeat adversaries that employ an array of lethal technologies to protracted, population-centric conflicts such as those in Iraq and Afghanistan. Department of Defense (DOD) officials have discussed the need to counter the continuum of threats that U.S. forces could face from nonstate- and state-sponsored adversaries, including computer network and satellite attacks; portable surface-to-air missiles; improvised explosive devices; information and media manipulation; and chemical, biological, radiological, nuclear, and highyield explosive devices. In light of references to "hybrid warfare" by senior military officials and possible implications it could have for DOD's strategic planning, Congress requested we examine: (1) whether DOD has defined hybrid warfare and how hybrid warfare differs …

Testimony issued by the Government Accountability Office with an abstract that begins "The number of drug shortages remains high. Although reports of new drug shortages declined in 2012, the total number of shortages active during a given year—including both new shortages reported and ongoing shortages that began in a prior year—has increased since 2007. Many shortages are of generic sterile injectable drugs. Provider association representatives reported that drug shortages may force providers to ration care or face difficulties finding alternative drugs."

Correspondence issued by the Government Accountability Office with an abstract that begins "In the wake of the ongoing conflicts in Iraq and Afghanistan, thousands of current and former military servicemembers are undergoing a transition between their military service and their civilian employment. Congress enacted the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) to protect the employment and reemployment rights of federal and nonfederal employees when they leave their employment to perform military or other uniformed service. Among other rights, servicemembers who meet the statutory requirements are entitled to reinstatement to the positions they would have held if they had never left their employment or to positions of like seniority, status, and pay. USERRA applies to a wide range of employers, including federal, state, and local governments as well as private-sector firms. This report focuses on federal executive agencies. Under USERRA, an employee who believes that his or her USERRA rights have been violated may file a claim with the Department of Labor's (DOL) Veterans' Employment and Training Service (VETS), which investigates and attempts to resolve the claim. If DOL's VETS cannot resolve the claim and the servicemember is a federal government employee or applicant to a federal …

Correspondence issued by the Government Accountability Office with an abstract that begins "GAO found that the Navy continued to make progress in the past year toward (1) establishing a knowledge-based program that generally aligned with acquisition best practices and (2) meeting corresponding statutory certification requirements for entering the Department of Defense (DOD) acquisition process in the engineering and manufacturing development phase. The Navy has met or expects to meet requirements relating to assessment of technology readiness, making appropriate trade-offs to achieve affordability and getting approval of requirements, and development of an independent cost estimate. DOD has, however, waived a requirement for competitive prototyping and the Navy plans to defer a system level preliminary design review (PDR) until after the start of development. GAO reviewed DOD’s waiver of competitive prototyping for the VXX program last year and found that it addresses one of the two bases provided in Weapon Systems Acquisition Reform Act of 2009 for such waivers; that is, that the cost to provide competitive prototypes exceeded the expected benefits. In addition, while the Navy’s plan to defer a system level PDR until after the start of system development deviates from acquisition best practices and is a waiver of a …

Correspondence issued by the Government Accountability Office with an abstract that begins "Substance use disorders (SUD), such as alcohol abuse and drug addiction, are serious health conditions that affect many Americans, including a substantial number of veterans. According to the Department of Veterans Affairs (VA), about 420,000 of the over 5 million veterans receiving health care from VA had SUD diagnoses in fiscal year 2009. Both older veterans and veterans of the current military operations in Iraq and Afghanistan are at risk for SUDs, as veterans may use drugs or alcohol to help cope with the effects of stressful events experienced during deployment or with difficulties they encounter in readjusting from wartime military service to civilian life. The identification and treatment of veterans with SUDs is important, as SUDs can have harmful effects on veterans' physical, psychological, and social well-being if left untreated. VA provides SUD services in a range of settings, including inpatient SUD programs that provide acute in-hospital care, which may include detoxification services; residential rehabilitation treatment programs, which provide intensive treatment and rehabilitation services with supported housing; intensive outpatient programs, which provide at least 3 hours of treatment services 3 days per week; and standard outpatient programs, …

Testimony issued by the Government Accountability Office with an abstract that begins "The Institute of Education Sciences (IES) supports high-quality research, according to stakeholders, but lacks certain key procedures needed to fulfill other aspects of its mission. Since its inception, IES has substantially improved the quality of education research. However, stakeholders expressed some concerns about IES's ability to produce timely and relevant research that meets their various needs. For example, IES's efforts to respond quickly to its stakeholders are slowed, in part, because the time IES's products have spent in peer review substantially increased this past year, and IES does not monitor some aspects of these timeframes. In addition, IES does not have a structured process for incorporating stakeholder input into its research agenda, which previous GAO work has shown to be key to sound federal research programs. Lastly, IES's performance measures do not fully reflect its current programs, which is not consistent with GAO's leading practices for performance management. IES officials said, however, that they have begun to develop new performance measures for all of their programs."

Testimony issued by the Government Accountability Office with an abstract that begins "GAO's simulation found that under the current Federal Employees' Compensation Act (FECA) program, the median wage replacement rate--the percentage of take-home pay replaced by FECA--for total-disability beneficiaries was 88 percent for U.S. Postal Service (USPS) beneficiaries and 80 percent for non-USPS beneficiaries in 2010. GAO also found that proposals to set initial FECA benefits at a single compensation rate would reduce these replacement rates by 3 to 4 percentage points under the 70-percent option and 7 to 8 percentage points under the 66-2/3 percent option. Beneficiaries with dependents would receive reduced FECA benefits under both options. The decreases in wage replacement rates were due to the greater proportion of beneficiaries who had a dependent--over 70 percent of both USPS and non-USPS beneficiaries."

Testimony issued by the Government Accountability Office with an abstract that begins "The Inspector General Act of 1978, as amended (IG Act), originally established inspectors general (IG) appointed by the President and confirmed by the Senate in 12 major departments and agencies of the government to conduct and supervise independent audits and investigations; recommend policies to promote economy, efficiency, and effectiveness; and prevent and detect fraud and abuse in their departments' and agencies' programs and operations. Based in part on GAO's findings that the internal audit offices of small federal agencies lacked independence and provided inadequate coverage of important programs, the Congress passed the IG Act Amendments of 1988 to establish IGs in designated federal entities (DFE), which are generally smaller agencies established in various statutes as commissions, boards, authorities, corporations, endowments, foundations, institutions, agencies, and administrations identified by the act. The DFE IGs are appointed by their respective entity heads with duties and responsibilities similar to those of IGs appointed by the President. The Congress used a budget threshold of $100 million to help determine which DFEs should have IGs. However, additional DFEs below this threshold were also included for specific reasons."

Correspondence issued by the Government Accountability Office with an abstract that begins "Press accounts in 2009 indicated that some federal agencies had issued directives to their staff discouraging them from choosing certain locations for conferences. This was because of the perception by some that the locations were resort areas and would not be the best use of taxpayers' money. Noting that government travel for meetings, conferences, and seminars is an important source of economic activity for many communities throughout the United States, Congress asked us to review agencies' policies for selecting conference locations, in view of these concerns."

Testimony issued by the Government Accountability Office with an abstract that begins "The termination of the six defined benefit plans the Delphi Corporation (Delphi) sponsored, and the provision of benefit protections to some Delphi employees but not others, culminated from a complex series of events involving Delphi, the General Motors Corporation (GM), various unions, the U.S. Department of the Treasury (Treasury), and the Pension Benefit Guaranty Corporation (PBGC). When Delphi spun off from GM in 1999, three unions secured an agreement that GM would provide a retirement benefit supplement (referred to as "top-ups") for their members should their pension plans be frozen or terminated and they were to suffer a resulting loss in pension benefits. These three unions were: (1) the International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America (UAW); (2) the International Union of Electronic, Electrical, Salaried, Machine and Furniture Workers, AFL-CIO (IUE); and (3) the United Steelworkers of America (USWA). No other Delphi employees had a similar agreement to receive a top-up, including salaried workers and hourly workers belonging to other unions. Over the course of events that unfolded over the next decade, the agreements with these three unions ultimately were preserved through the resolution …

Correspondence issued by the Government Accountability Office with an abstract that begins "PCORI received an unqualified audit opinion on its 2011 and 2010 financial statements. In its audit of PCORI’s financial statements, the IPA found that the financial statements were presented fairly, in all material respects, and there was no reportable noncompliance with selected provisions of laws and regulations the IPA tested as part of its audit. However, the IPA identified a deficiency in PCORI’s internal control over financial reporting related to PCORI reporting on its receipt of appropriated funds. The IPA determined the deficiency to be significant enough to constitute a material weakness. We found no instances in which the IPA did not comply, in all material respects, with U.S. generally accepted auditing standards and generally accepted government auditing standards in the conduct of the financial statement audit. In e-mailed comments from PCORI’s Director of Finance, PCORI stated that the identified deficiency in financial reporting related to appropriations received resulted from uncertainty over differences between the federal government’s and PCORI’s fiscal years and cited action taken to adjust its records to correct the deficiency."

Testimony issued by the Government Accountability Office with an abstract that begins "In its October 2010 report, GAO noted that oil shale development presents the following opportunities for the United States:"

Correspondence issued by the Government Accountability Office with an abstract that begins "The federal Pre-Existing Condition Insurance Plan (PCIP) was created in 2010 to provide access to insurance for individuals previously unable to acquire coverage due to pre-existing conditions. Eligibility is limited to those who have been uninsured for at least 6 months prior to application, thus focusing the program on those who have been locked out of the private insurance market. The Patient Protection and Affordable Care Act (PPACA), enacted in March 2010, required the establishment of the PCIP program. The program will provide coverage through the end of 2013, at which point enrollees will be guaranteed access to plans offered in the private market. States were given the option to run their own PCIP with federal funding or allow the Department of Health and Human Services (HHS) to run the program in their state. Early estimates by the Congressional Budget Office (CBO) suggested that the program could cover an average of 200,000 individuals per year with the $5 billion appropriated in PPACA, but that demand would likely be greater. In July 2011, we reported on various aspects of the implementation of the PCIP program, including initial enrollment and …

Correspondence issued by the Government Accountability Office with an abstract that begins "Prescription drug spending in 2009 totaled approximately $250 billion, of which $78 billion--or about 31 percent--was spent by the federal government. Prescription drug spending by the federal government, patients, and third-party payers, including employers, is driven by many factors, including the prices paid for drugs. In 2007 we reported on trends in retail prices--known as usual and customary (U&C) prices--for prescription drugs. We found that the average U&C price for the commonly used brand-name prescription drugs we reviewed increased about 6 percent per year from January 2000 through January 2007. Some media reports have suggested that prescription drug prices may have increased more during the debate leading up to passage of the Patient Protection and Affordable Care Act (PPACA) in March 2010 compared to other recent years. We were requested to examine recent trends in drug prices for brand-name and generic pharmaceuticals. In this report, we (1) examine U&C price trends for commonly used prescription drugs from 2006 through the first quarter of 2010, the latest available data at the time of our analysis, and compare these trends to those of other medical consumer goods and services, and …

Correspondence issued by the Government Accountability Office with an abstract that begins "DOD is estimating and publishing approximate costs for selected types of internally and externally required reports, but in some cases its approach is not fully consistent with relevant cost estimating best practices and cost accounting standards. Specifically, DOD entities have been directed to use the cost estimating tool to capture marginal costs of activities associated with completing a report or study that would not have been performed otherwise. These costs consist of certain manpower costs (such as the prorated salaries of military and civilian personnel based on the time they spent) and nonlabor costs (such as contract services, travel, or printing). In comparing DOD’s approach to (1) GAO’s Cost Estimating and Assessment Guide—which states that high-quality, reliable cost estimates should be comprehensive, well documented, and accurate—and (2) relevant accounting standards, we found the following."

Testimony issued by the Government Accountability Office with an abstract that begins "In July 2012, GAO reported that the Department of Justice's (DOJ) more than 200 grant programs overlapped across 10 key justice areas, and that this overlap contributed to the risk of unnecessarily duplicative grant awards for the same or similar purposes. GAO has recommended, among other steps, that DOJ conduct an assessment to better understand the extent of grant program overlap and determine if consolidation is possible. DOJ has begun taking related actions, but it is too early to assess their impact."

A statement of record issued by the Government Accountability Office with an abstract that begins "Based on GAO's 2003 report, it was found that the district court case weights approved in 1993 to be a reasonably accurate measure of the average time demands a specific number and mix of cases filed in a district court could be expected to place on the district judges in that court. The methodology used to develop the weights used a valid sampling procedure, developed weights based on actual case-related time recorded by judges from case filings to disposition, and included a measure (standard errors) of the statistical confidence in the final weight for each weighted case type. Without such a measure, it is not possible to objectively assess the accuracy of the final case weights."

Testimony issued by the Government Accountability Office with an abstract that begins "Three long-standing major impediments prevented GAO from expressing an opinion on the U.S. government's 2012 accrual-based consolidated financial statements: (1) serious financial management problems at the Department of Defense (DOD), (2) the federal government's inability to adequately account for and reconcile intragovernmental activity and balances between federal entities, and (3) the federal government's ineffective process for preparing the consolidated financial statements. Also, GAO was prevented from expressing opinions on the 2012 social insurance-related statements because of significant uncertainties primarily related to the achievement of projected reductions in Medicare cost growth reflected in the statements."

Correspondence issued by the Government Accountability Office with an abstract that begins "In summary, the six agencies we reviewed made very little use of the NDAA waiver authority in fiscal years 2010 and 2011. The Department of Treasury made the most, although still very little, use of the waiver authority in both fiscal years--167 waivers in fiscal year 2010 and 214 waivers in fiscal year 2011. Agency officials told us that their agencies used a combination of NDAA and other waiver authorities already in place when hiring retired workers. For example, during our review we found that the NRC used the waiver authority provided to it in the Energy Policy Act of 2005, and used the NDAA authority to rehire an annuitant for purposes not available in the Energy Policy Act. None of the agencies reported that they exceeded the threshold imposed by the NDAA, 1 percent of their full-time employees, thus they were not required to prepare succession plans, as would have been required under the act."

Correspondence issued by the Government Accountability Office with an abstract that begins "The Amphibious Combat Vehicle (ACV) effort has not yet reached Milestone A—the decision point in DOD’s acquisition process that generally authorizes assessment of potential technologies for an eventual acquisition program. At this point, Marine Corps officials are weighing the cost and technological feasibility of their required capabilities. In November 2011, the Marines Corps began an Analysis of Alternatives (AOA)—a key first step in the acquisition process intended to assess alternative weapon system solutions for addressing a validated need—to identify an affordable alternative to the canceled Expeditionary Fighting Vehicle. Following completion of that study in mid-2012, the Marine Corps Commandant directed the program to perform a second study to assess the feasibility and affordability of a variant capable of higher water speed. This second analysis has been completed, but no formal decisions have been made regarding whether to commence an acquisition program or what path it will take, if initiated. Program officials suggest that development of a high water speed technology may prove unaffordable at this time."