Government can be inefficient and redundant
“Federal government employees promote duplication, inefficiency. They squander our tax dollars.” -- an accusation levelled at me directly, in-person, December 2024
What Do I Think
Like many, I once accepted this myth without question simply because I had no other evidence . That was 20 years ago. Since then, I’ve navigated four federal agencies, four types of employment, four cities, and eight different laws. This journey has given me a deeper appreciation on what is, undeniably, a complex issue. To unpack it properly, this blog post will be a bit longer than usual—so grab a coffee and settle in!
Here’s the bottom line: Yes, for many reasons, the federal bureaucracy is inefficient. Most of these inefficiencies are similar to those you’d find in the administration of a small town, a large city, a state, or even a major private organization.
I believe what sets the federal government apart is the added complexity of two key clauses in the U.S. Constitution: the “Power of the Purse” and the “Take Care Clause.” These principles not only define the government’s structure but also deeply influence how it operates—and why I think it is inefficient and redundant when compared to the private sector.
Disclaimer: the views expressed in this post are solely my own, published under my first amendment rights, and do not necessarily reflect the views of the United States Government or any of its federal agencies.
I am focusing on only one part of a very complex fragmentation-overlap-duplication problem, which is summarized in a Government Accountability Office (GAO) report:
What is Power of the Purse?
Article I, Section 9 of the U.S. Constitution states: “No money shall be drawn from the Treasury, but in consequence of appropriations made by law.” Basically, only Congress can raise (collect), create (print), or decide how the government spends money.
Government programs, broadly speaking, include funding initiatives like Social Security or disaster relief grants, managing facilities such as national parks or military bases, building and maintaining infrastructure like highways or weather stations, and issuing permits. But in each case, Congress must first authorize or establish a program through legislation, and then allocate funding regularly, usually on an annual basis.
For example, in 1976, Congress enacted the Magnuson-Stevens Fishery Management Act (Fishery Act). They amended it in 1996 to include a disaster relief program for the fishing industry, which continues to be funded annually through appropriations bills. Over the past 30 years, this program has distributed $1.4 billion in relief.
Is the program inefficient? Probably. Are there problems with it? Certainly. In fact, in 2024, the Congressional Research Service released a 39-page report detailing issues with the program and offering recommendations for improvement. However, only Congress can initiate substantive changes—or defund it altogether. That's the power of the purse.
What is the Take Care Clause?
Can a Federal Employee Start or Stop a Program?
No. Federal employees in departments and agencies can only spend money on programs that are both authorized and funded by Congress. They must follow the stated intent of Congress.
Can the Executive Modify a Program?
Yes—but only within certain limits established by law. The boundaries of this discretion are often defined through litigation. For example, in the 2024 Loper Bright Supreme Court decision, the Court significantly restricted an agency’s ability to interpret a Fishery Management law. Similarly, in 2023, the Supreme Court struck down a proposed student loan forgiveness program, arguing that the Department of Education had overstepped the authority that Congress had granted.
The Court ruled that the Secretary of Education’s changes to existing loan provisions were far from minor adjustments, stating: “The Secretary’s new ‘modifications’ of these provisions were not ‘moderate’ or ‘minor.’ Instead, they created a novel and fundamentally different loan forgiveness program.”
To emphasize its point, the Court made an analogy to the French Revolution, remarking: “The Secretary’s plan has ‘modified’ the cited provisions only in the same sense that ‘the French Revolution “modified” the status of the French nobility’—it has abolished them and supplanted them with a new regime entirely.”
In my opinion, one source of redundancy the complexity of the legislative process. All federal laws are codified in the 80,000+ page U.S. Code. A law passed in 1790s may still be valid today if Congress does not explicitly repeal it and a President may use it. Each new law adds more pages. For instance, one proposed December 2024 Continuing Resolution bill alone was 1,500 pages.
The legislative process creates the following inefficiency factors:
1. Unintentional Overlap. Different laws passed at different times. For example, Congress may fund one Department to provide fishery disaster assistance while another Department provides general disaster assistance. After a disaster, an entity like a seafood processing company or a marine port might be eligible to seek assistance from both programs.
The Earmark Factor
Congress has its own discretionary funding mechanism that compounds duplication: Congressional Directed Spending, commonly referred to as earmarks. These are pots of money allocated for specific projects that benefit a particular constituency.
A November 2024 Government Accountability Office (GAO) report revealed that in Fiscal Year 2024 alone, Congress allocated $14.6 billion for 8,098 earmarked projects. Returning to our seafood processor and marine port example, this creates a third federal funding option for them.
The Executive’s Hands Are Tied
Due to the Power of the Purse and Take Care Clause, federal agencies must administer programs as directed by Congress. Even initiatives to reduce redundancy or reform inefficiencies often require legislative action. The Project 2025 report recognizes the executive's inability to unilaterally end earmarks, stating:
“Accomplishing this, however, will require action by Members of Congress who repeatedly vote to fund grants for political reasons.”
Additionally, new initiatives and earmarked funds make for more compelling social media and campaign messaging, giving elected officials tangible evidence of progress to showcase to voters.
Is this all theory? What are some examples?
- The Tennessee River, a vital 600+ mile tributary of the Ohio River, is a classic example of how federal agencies are given overlapping responsibilities. Multiple agencies—including the U.S. Army Corps of Engineers, Tennessee Valley Authority, U.S. Fish & Wildlife Service, National Park Service, Department of Agriculture, and Federal Highway Administration—engage with the river in various ways, such as managing infrastructure, issuing permits, and conducting conservation efforts.
So, who is responsible for the river's water quality? In practice, everyone. Shared responsibility inevitably leads to duplication in monitoring and addressing water quality, as each agency has its own mandate, funding, and approach to solving problems.
- This complexity isn’t unique to domestic matters. Consider an overseas example highlighted in a 2012 Department of State report. Embassy Nairobi, the largest U.S. embassy in Africa, hosted more than 1,300 personnel across 19 federal agencies.
Each U.S. agency in Kenya operated with Congressional authorization to carry out specific missions. For instance, three U.S. agencies might support the Kenyan judiciary, each from a different angle: one focused on governance, another addressing trade barriers, and a third tackling counterterrorism. Distinct authorizations and funding streams could result in overlapping efforts, such as sponsoring three separate training programs for the same court within the same month.
These examples, though simplified, illustrate how differing statutes, agencies, and objectives can converge, creating inefficiencies even with well-intentioned goals.
OK. But isn’t all this in the background? How does it affect the public?
Let’s walk through one scenario in more detail: a small, rural community in America struggles to attract private commercial companies to improve its internet connectivity. So, where can this community turn for help? At minimum, a dozen different programs could provide grants for broadband infrastructure:
U.S. Department of Commerce, National Telecommunications and Information Administration’ (NTIA) Broadband Equity Access and Deployment Program, the Economic Development Administration’s Economic Adjustment Assistance Program, or the Public Works Program.
U.S. Department of Agriculture (USDA) ReConnect Loan and Grant Program, Rural Utilities Service’s Rural eConnectivity Program, or the Community Connect Grant Program
Federal Communications Commission (FCC) Universal Support Fund or the Rural Digital Opportunity Fund.
Federal Emergency Management Agency (FEMA) Building Resilient Infrastructure and Communities program
Appalachian Regional Commission’s Connect Humanity’s Appalachia Digital Accelerator
U.S. Forest Service (USFS) Secure Schools Program
Housing and Urban Development (HUD) Community Development Block Grants
Each agency has a specific mandate, funding source, and set of criteria for grants. However, these overlapping opportunities can lead to duplicated efforts or confusion. For example, the same community might apply for broadband funding from both the USDA and the NTIA with different applications and different deadlines.
While the lawmakers’ intentions are noble, this scenario highlights the inherent redundancy in federal programs, where Congress mandates multiple agencies to address the same issue through different mechanisms.
To their credit, savvy communities, companies, and individuals have figured out how to tap into these grant programs in order to achieve their goals. See for example, this press release from a company in Alaska: US Broadband Infrastructure Grants: Building Out a More Connected Alaskan Community.
And if all else fails, if they miss a deadline or can’t write a winning proposal, they can lobby their elected official(s) for an earmark. The 2024 GAO report on earmarks has a public dataset of all 8,000 projects. I found 16 that provided broadband, totaling $21 million. This would be over and above the grant programs listed above.
Why Should You Care:
References:
Fishery Disaster Assistance, August 30, 2024. Congressional Research Services, RL34209. https://crsreports.congress.gov/product/pdf/RL/RL34209
Tracking the Funds: Specific Fiscal Year 2024 Provisions for Federal Agencies, Government Accountability Office, GAO-25-107549, Nov 21, 2024 https://www.gao.gov/products/gao-25-107549
Inspection of US Embassy Nairobi, Kenya, 2012. State Department, Office of Inspector General. https://www.stateoig.gov/uploads/report/report_pdf_file/isp-i-12-38a_1.pdf
2024 Annual Report: Additional Opportunities to Reduce Fragmentation, Overlap, and Duplication and Achieve Billions of Dollars in Financial Benefits, Government Accountability Office, GAO-24-106915, May 15, 2024
Supreme Court strikes down Biden student-loan forgiveness program, June 2023. https://www.scotusblog.com/2023/06/supreme-court-strikes-down-biden-student-loan-forgiveness-program/
Merry and (Loper) Bright: Where the Impact of the Supreme Court’s Decision Stands This Holiday Season, JDSupra, December 19, 2024. https://www.jdsupra.com/legalnews/merry-and-loper-bright-where-the-impact-8197928/
- Biden v. Nebraska, 600 U.S. ___ (2023) https://www.supremecourt.gov/opinions/22pdf/22-506_nmip.pdf.
- Strengthening the system means putting power over the purse where it belongs, March 2021. https://thefulcrum.us/governance-legislation/power-of-the-purse-2651132771
Thanks for the article and explaining it in an understandable way.
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