[Senate Hearing 118-756]
[From the U.S. Government Publishing Office]
S. Hrg. 118-756
NOMINATIONS OF COREY ANNE TELLEZ,
ANDREW G. BIGGS, KATHRYN ROSE LANG,
AND SHARON BETH LEWIS
=======================================================================
HEARING
before the
COMMITTEE ON FINANCE
UNITED STATES SENATE
ONE HUNDRED EIGHTEENTH CONGRESS
SECOND SESSION
on the
NOMINATIONS OF
COREY ANNE TELLEZ, TO BE DEPUTY UNDER SECRETARY/DESIGNATED ASSISTANT
FOR LEGISLATIVE AFFAIRS, DEPARTMENT OF THE TREASURY; ANDREW G. BIGGS,
TO BE A MEMBER OF THE SOCIAL SECURITY ADVISORY BOARD; KATHRYN ROSE
LANG, TO BE A MEMBER OF THE SOCIAL SECURITY ADVISORY BOARD; AND SHARON
BETH LEWIS, TO BE A MEMBER OF THE SOCIAL SECURITY ADVISORY BOARD
__________
JANUARY 31, 2024
__________
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Printed for the use of the Committee on Finance
______
U.S. GOVERNMENT PUBLISHING OFFICE
62-417--PDF WASHINGTON : 2026
COMMITTEE ON FINANCE
RON WYDEN, Oregon, Chairman
DEBBIE STABENOW, Michigan MIKE CRAPO, Idaho
MARIA CANTWELL, Washington CHUCK GRASSLEY, Iowa
ROBERT MENENDEZ, New Jersey JOHN CORNYN, Texas
THOMAS R. CARPER, Delaware JOHN THUNE, South Dakota
BENJAMIN L. CARDIN, Maryland TIM SCOTT, South Carolina
SHERROD BROWN, Ohio BILL CASSIDY, Louisiana
MICHAEL F. BENNET, Colorado JAMES LANKFORD, Oklahoma
ROBERT P. CASEY, Jr., Pennsylvania STEVE DAINES, Montana
MARK R. WARNER, Virginia TODD YOUNG, Indiana
SHELDON WHITEHOUSE, Rhode Island JOHN BARRASSO, Wyoming
MAGGIE HASSAN, New Hampshire RON JOHNSON, Wisconsin
CATHERINE CORTEZ MASTO, Nevada THOM TILLIS, North Carolina
ELIZABETH WARREN, Massachusetts MARSHA BLACKBURN, Tennessee
Joshua Sheinkman, Staff Director
Gregg Richard, Republican Staff Director
(II)
C O N T E N T S
----------
OPENING STATEMENTS
Page
Wyden, Hon. Ron, a U.S. Senator from Oregon, chairman, Committee
on Finance..................................................... 1
Crapo, Hon. Mike, a U.S. Senator from Idaho...................... 3
ADMINISTRATION NOMINEES
Tellez, Corey Anne, nominated to be Deputy Under Secretary/
Designated Assistant for Legislative Affairs, Department of the
Treasury, Washington, DC....................................... 4
Biggs, Andrew G., nominated to be a member of the Social Security
Advisory Board, Social Security Administration, Baltimore, MD.. 6
Lewis, Sharon Beth, nominated to be a member of the Social
Security Advisory Board, Social Security Administration,
Baltimore, MD.................................................. 7
Lang, Kathryn Rose, nominated to be a member of the Social
Security Advisory Board, Social Security Administration,
Baltimore, MD.................................................. 8
ALPHABETICAL LISTING AND APPENDIX MATERIAL
Biggs, Andrew G.:
Testimony.................................................... 6
Prepared statement........................................... 29
Biographical information..................................... 30
Responses to questions from committee members................ 36
Crapo, Hon. Mike:
Opening statement............................................ 3
Prepared statement........................................... 43
Durbin, Hon. Richard J.:
Prepared statement........................................... 43
Lang, Kathryn Rose:
Testimony.................................................... 8
Prepared statement........................................... 44
Biographical information..................................... 45
Responses to questions from committee members................ 53
Lewis, Sharon Beth:
Testimony.................................................... 7
Prepared statement........................................... 58
Biographical information..................................... 59
Responses to questions from committee members................ 65
Tellez, Corey Anne:
Testimony.................................................... 4
Prepared statement........................................... 69
Biographical information..................................... 70
Responses to questions from committee members................ 75
Wyden, Hon. Ron:
Opening statement............................................ 1
Prepared statement........................................... 77
(III)
NOMINATIONS OF COREY ANNE TELLEZ,
TO BE DEPUTY UNDER SECRETARY/
DESIGNATED ASSISTANT FOR
LEGISLATIVE AFFAIRS, DEPARTMENT OF THE
TREASURY; ANDREW G. BIGGS, TO BE A
MEMBER OF THE SOCIAL SECURITY
ADVISORY BOARD; KATHRYN ROSE LANG, TO
BE A MEMBER OF THE SOCIAL SECURITY
ADVISORY BOARD; AND SHARON BETH
LEWIS, TO BE A MEMBER OF THE SOCIAL
SECURITY ADVISORY BOARD
----------
WEDNESDAY, JANUARY 31, 2024
U.S. Senate,
Committee on Finance,
Washington, DC.
The hearing was convened, pursuant to notice, at 10:11
a.m., in Room SD-215, Dirksen Senate Office Building, Hon. Ron
Wyden (chairman of the committee) presiding.
Present: Senators Cardin, Brown, Whitehouse, Cortez Masto,
Warren, Crapo, Cassidy, and Tillis.
Also present: Democratic staff: Sam Conchuratt,
Professional Staff Member; Joshua Sheinkman, Staff Director;
and Tiffany Smith, Deputy Staff Director and Chief Counsel.
Republican staff: Becky Cole, Chief Economist; Andrew
Dell'Orto, Policy Advisor; Kellie McConnell, Health Policy
Director; Gregg Richard, Staff Director; Lara Rosner, Social
Security Policy Advisor; and James Williams, Tax and Economic
Policy Advisor.
OPENING STATEMENT OF HON. RON WYDEN, A U.S. SENATOR FROM
OREGON, CHAIRMAN, COMMITTEE ON FINANCE
The Chairman. The Finance Committee now meets to consider
four nominations: the nominee for Treasury Assistant Secretary
for Legislative Affairs, and three nominees to be members of
the Social Security Advisory Board.
First, Corey Tellez is nominated to be Assistant Secretary
for Legislative Affairs, who coordinates the Treasury
Department's communications with the Congress. This is a
critically important position, not just for the work that this
committee does, but for many others. The person in this role is
key to getting the Congress accurate and timely information
that allows us to make good policy.
She is, in my view, as qualified a nominee as you can get.
She served as a staffer in both the House and the Senate,
including 11 years working with our colleague, Senator Dick
Durbin. Then she joined the Treasury's Office of Legislative
Affairs, the office she is now nominated to lead. I have some
personal endorsements from Senator Durbin that we will share
when we introduce the nominee.
The committee is also going to consider the three nominees
for the Social Security Advisory Board. The Board is
responsible for advising the President and the Congress on
Social Security policy. It regularly makes important
recommendations dealing with maintaining the solvency of Social
Security, improving services for beneficiaries, and helping
seniors enjoy a dignified retirement.
For committees like ours that work hard to protect Social
Security, the top-notch bipartisan reports that the Board
produces on a variety of issues are invaluable.
The first nominee to the Board is Kathryn Lang. She
currently serves as director of Federal income security for the
senior group Justice in Aging. She brings a wealth of
experience navigating Social Security's disability
determination process on behalf of elders and people with
disabilities, and advocating for changes to improve Social
Security.
Having started my time in public service as codirector of
the Oregon Gray Panthers, I am just thrilled to have somebody
with this kind of background in legal aid for senior citizens
joining us today. The Senate has had a number of individuals
who have been involved in legal aid over the years, so we
kindly welcome you to the chamber that cares deeply about this
great program.
Next, we have Sharon Lewis, who spent nearly her whole
career fighting on behalf of people with disabilities,
including in my home State of Oregon. She previously served at
the Department of Health and Human Services as the Principal
Deputy Administrator for the Administration for Community
Living. She also served on the House Committee on Education and
Labor under Chairman George Miller, and I had, as a member of
the other body, the chance to serve with Chairman Miller. I
think Senator Crapo also did, and please, when you talk to him,
convey to him our best. He is a wonderful, wonderful guy, and
we were veterans of many cross-country flights back in the day,
as Senator Crapo will remember, when there were not many
nonstops.
Finally, we have Andrew Biggs, senior fellow at the
American Enterprise Institute, who brings a number of
experiences with respect to issues that we will be talking
about on Social Security and retirement policy, previously
serving as Principal Deputy Commissioner of Social Security,
and at the White House during the George W. Bush
administration.
Now, I think colleagues know that I have serious concerns
about his nomination, given his background as one of the
architects for privatization. Just a few weeks ago, he argued
in a Wall Street Journal op-ed that Social Security is not an
earned benefit. That in my view represents a fundamental
misunderstanding of this critically needed program, and what it
was designed to do. Social Security is an earned benefit,
because you do not receive it until you have worked and paid
into it for at least 10 years.
The mission of every Board member is to work toward
gathering bipartisan consensus to strengthen Social Security,
and should he be confirmed, I am concerned that Mr. Biggs will
be simply a megaphone for partisan ideas to deny seniors their
hard-earned benefits.
Leader McConnell put forward Mr. Biggs as the Republican
nominee for the Board, and I am concerned about a preference to
have somebody who has actively worked to dismantle the program,
rather than protecting the promise that Social Security has
represented for generations.
I believe Ms. Tellez, Ms. Lang, and Ms. Lewis are the right
people for these jobs at the right time. I intend to support
their nominations. I urge my colleagues to support them.
Senator Crapo?
[The prepared statement of Chairman Wyden appears in the
appendix.]
OPENING STATEMENT OF HON. MIKE CRAPO,
A U.S. SENATOR FROM IDAHO
Senator Crapo. Thank you, Mr. Chairman, and welcome to our
four nominees. Congratulations on your nominations, and thank
you all for your willingness to serve.
Today we will first hear from Corey Anne Tellez, who is
nominated to serve as Assistant Secretary for Legislative
Affairs at the Treasury Department. This position is
responsible for advising the Treasury Secretary on
congressional relations, helping to formulate policy, and to
shape the Department's direction. Ms. Tellez, given your
experience, you are no doubt aware how important it is for the
executive branch to cooperate and work closely with Congress,
particularly the committees with direct oversight of Treasury.
While I do not expect the Treasury Secretary and members of
Congress to always align on policy, I do expect the Treasury
Secretary and the broader Treasury Department to be transparent
and accountable to all members of this committee. That means
providing accurate, thorough, and timely responses to questions
and letters from members, an area in which there remains much
work to be done, particularly on timeliness. If confirmed, it
is essential that such communication improve at Treasury in
order to facilitate greater policy understanding and to better
represent the American people whom we serve.
Turning to the other three nominees under consideration
today--Mr. Biggs, Ms. Lang, and Ms. Lewis, who have been
nominated to be members of the Social Security Advisory Board--
these are important positions, particularly given the
operational challenges facing the Social Security
Administration and the long-term financing challenges facing
the Social Security system.
Congress established the Social Security Advisory Board to
advise the President, Congress, and the Commissioner of Social
Security on issues related to Social Security, Supplemental
Security Income, and the SSA's service to the public. The Board
is comprised of seven members. Four members are appointed by
Congress, two from each political party, and the remaining
three members are nominated by the President and confirmed by
the Senate. No more than two of the President's nominees may be
from the same political party.
The three Social Security Advisory Board nominees before us
today have strong qualifications, bring different perspectives
and areas of expertise, and will need to move through the
confirmation process together. If confirmed, I expect a
commitment from the nominees to continue the Board's general
practice of operating by consensus and producing reports on a
bipartisan basis.
I look forward to hearing the nominees' testimony and their
responses to questions.
Thank you, Mr. Chairman.
[The prepared statement of Senator Crapo appears in the
appendix.]
The Chairman. I thank my colleague. I am going to introduce
our nominees and have their testimony. We have some procedures,
and I think you all have been advised about that.
Corey Tellez has nearly 2 decades of public service
experience, including 2 years at the Office of Legislative
Affairs that she has been nominated to run. Without objection,
I would like to introduce into the record an introductory
statement from Senator Durbin. Senator Durbin wished to speak
in person on Corey's behalf, but he has a Judiciary Committee
hearing that has prevented him from being here.
He personally asked me to fill in, in his absence, and have
me relate that it is his view that Corey was a very, very good
staffer and is as good a staffer as he has had.
[The prepared statement of Senator Durbin appears in the
appendix beginning on p. 43.]
The Chairman. Andrew Biggs is the first of three nominees
to the Social Security Advisory Board. He is a senior fellow at
the American Enterprise Institute and brings decades of
experience on Social Security and retirement policy.
Kathryn Lang currently serves as director of Federal income
security for the senior group Justice in Aging and has deep
experience navigating Social Security's disability
determination process on behalf of seniors and people with
disabilities.
Finally, we have Sharon Lewis, who has long advocated on
behalf of people with disabilities. Her extensive experience
includes service at the Department of Health and Human
Services.
Thank you all for being with us, and we will go ahead with
you, Ms. Tellez, to start.
STATEMENT OF COREY ANNE TELLEZ, NOMINATED TO BE DEPUTY UNDER
SECRETARY/DESIGNATED ASSISTANT FOR LEGISLATIVE AFFAIRS,
DEPARTMENT OF THE TREASURY, WASHINGTON, DC
Ms. Tellez. Chairman Wyden, Ranking Member Crapo, and
members of the Senate Finance Committee, I appreciate the
opportunity to be considered for the position of Assistant
Secretary for Legislative Affairs for the U.S. Department of
the Treasury.
I want to thank President Biden and Secretary Yellen for
their support. I would also like to thank my family: my mother,
my stepfather, and my sister, who have provided unconditional
love and encouragement; my fiance Mike, who supports me in ways
big and small every day; our daughter, who has brought more joy
to our lives than we could have possibly imagined; and an
amazing group of friends who have encouraged me, counseled me,
and kept me humble.
At a young age, I was fascinated by the stories of people
who shaped our country and communities. Before I knew that
public policy could be a profession, I was drawn to the ideas
of creating laws to improve the community in which I grew up.
My sister and I were raised in the south suburbs of Chicago
by a single mother who sacrificed tirelessly to ensure my
sister and I had what we needed. She taught us by example to
always act with honesty and integrity in our personal and
professional lives. Helping to create and implement policies to
improve the lives of working families like ours has motivated
me every day.
After law school, I moved to Washington, DC to see the work
of Congress firsthand, and like many congressional staffers, I
started as an unpaid intern working a second job to make ends
meet. Over the next 5 years, I had the opportunity to work for
three House members, Congressman Cuellar from Texas,
Congresswoman McCarthy from New York, and Congresswoman
Halverson from Illinois.
I thank these members for trusting me to serve their
constituents and for teaching me how the legislative and
executive branches work together in practice to best serve the
American people. Whether I was working with constituents on
grant applications or managing a team advancing legislation, I
experienced the importance of this partnership and valued the
close collaboration with Democratic and Republican
administrations on issues big and small.
In 2011, I joined Senator Durbin's office, where I served
for nearly 11 years as his Economic Legislative Assistant,
Legislative Director, and finally as his Deputy Chief of Staff.
I was proud to work on behalf of constituents in Illinois,
where most of my family resides today, and which I still
consider home.
I will always be grateful for Senator Durbin and his
incredible team, who embody what it means to dedicate your life
to helping others. During my time in the Senate, I spent many
long hours, late nights, and weekends working with others to
find common ground, often on challenging issues under very
short deadlines.
Having grown up in a large family with diverse views, I
understand the importance of respectful debate and discussion.
Relying on the values instilled in me by my family, I developed
relationships with staff on both sides of the aisle, who like
me were motivated to help improve people's lives, even if we
had different ideas about how best to do so.
When I joined the Treasury Office of Legislative Affairs in
2022, I brought with me lessons learned over a 16-year career
on Capitol Hill. Just to name a few: the value of
bipartisanship, the willingness to compromise, and the
importance of an open line of communication between Congress
and the executive branch.
During my time at Treasury, I have been accessible and
responsive to members of Congress and their staff. If
confirmed, I look forward to working to be a partner with you
and your colleagues across Congress.
Finally, I want to thank your staff. I understand that it
is their hard work that makes a hearing like this possible, and
I appreciate the professionalism that they have shown to me. I
look forward to continuing this engagement, if I am privileged
enough to be confirmed.
Thank you, and I look forward to taking your questions.
[The prepared statement of Ms. Tellez appears in the
appendix.]
The Chairman. Thank you.
Mr. Biggs?
STATEMENT OF ANDREW G. BIGGS, NOMINATED TO BE A MEMBER OF THE
SOCIAL SECURITY ADVISORY BOARD, SOCIAL SECURITY ADMINISTRATION,
BALTIMORE, MD
Mr. Biggs. Chairman Wyden, I bring you greetings from
Klamath Falls, and, Ranking Member Crapo, members of the
committee, thank you for the opportunity to appear before you
today. I am honored that President Biden has nominated me for
the Social Security Advisory Board, and I am grateful to
Minority Leader McConnell for his support. I wish to thank both
the majority and minority staff for their help in preparing for
this hearing.
The Social Security Advisory Board's mission to advise
policymakers is particularly important today. The SSA faces
significant administrative challenges, such as methods for
reducing improper payments. Likewise, the Social Security
program as a whole faces an actuarial deficit over the next 75
years, and its combined trust funds are projected to be
exhausted in 2034.
It is not the Board's mission to promote solutions to
either administrative or solvency challenges. Rather, the Board
seeks to facilitate a process by which both agency officials
and elected policymakers can make informed choices on behalf of
the public.
I believe I am well positioned to contribute to the Board's
work. I served in the Social Security Administration from 2003
through 2008, rising from Associate Commissioner of Retirement
Policy, to Deputy Commissioner for Policy, to the Principal
Deputy Commissioner of Social Security, the second ranking
official in the agency. I also served as Secretary to the
Social Security Board of Trustees.
In addition, of course, I have a long history of working on
Social Security policy, including in my current position as a
senior fellow at the American Enterprise Institute. I have
published widely on Social Security and retirement issues,
ranging from articles in peer-reviewed journals that have
received hundreds of academic citations, to op-eds designed for
policymakers and the general public.
I hold a bachelor's degree from the Queen's University of
Belfast in Northern Ireland, master's degrees from Cambridge
University and the University of London, and a Ph.D. from the
London School of Economics.
It is important that the Advisory Board work in a
collaborative and bipartisan way, with no political agenda or
ulterior motives. I believe the Board currently operates in
that fashion, and I have the experience to continue that work.
Since 2016, I have served as a member of the Financial
Oversight and Management Board for Puerto Rico, which oversees
the island's bankruptcy. While the Oversight Board has always
been composed of a mix of Democratic and Republican appointees,
of the hundreds of difficult decisions made by the Puerto Rico
Oversight Board, only a very small number were not decided by
consensus.
While Social Security is itself a highly contentious issue,
I have myself maintained strong and friendly relationships even
with analysts holding views opposed to my own.
Thank you again, Mr. Chairman, Ranking Member Crapo, and
members of the committee, for the privilege of appearing before
you today. I will be pleased to respond to your questions and
look forward to earning your support today and in the future.
[The prepared statement of Mr. Biggs appears in the
appendix.]
The Chairman. Very good.
Ms. Lewis?
STATEMENT OF SHARON BETH LEWIS, NOMINATED TO BE A MEMBER OF THE
SOCIAL SECURITY ADVISORY BOARD, SOCIAL SECURITY ADMINISTRATION,
BALTIMORE, MD
Ms. Lewis. Chairman Wyden, Ranking Member Crapo, and
members of the committee, thank you for the opportunity to
speak to you today, and for your consideration of my
nomination. I am honored to have been nominated by the
President for this important role as a member of the Social
Security Advisory Board.
I appreciate the opportunity to join my two colleagues, Ms.
Lang and Mr. Biggs, to sit before you and answer your
questions. If we are all confirmed, I look forward to joining a
board with a full complement of seven members, to share ideas,
to listen to multiple views, and to work together to identify
and communicate recommendations for the Social Security
Administration.
I also want to thank my family, especially my parents, my
brother and my sister, and my three amazing daughters--Jazmin,
Zoe, and Maraena--for their love, support, encouragement, and
patience, without which I would not be here.
Zoe asked me to tell you ``hello'' from Oregon, noting her
disappointment in not being able to join me in DC this week,
but also pride in her job responsibilities that kept her at
home. Zoe is one of the very small proportion of Supplemental
Security Income recipients with intellectual disabilities who
also work in competitive, integrated employment.
I am also grateful to acknowledge Jazmin, who has been
incredibly supportive of my efforts, and to thank Maraena, my
youngest daughter, for taking time to come and support me here
today.
I believe I have a unique combination of personal and
professional experience that will inform my work on the Board.
My professional background includes serving in the U.S.
Department of Health and Human Services as the Commissioner of
the Administration on Intellectual and Developmental
Disabilities, the Principal Deputy Administrator for the
Administration for Community Living, and the Secretary's Senior
Advisor on Disability Policy.
While at HHS, I worked collaboratively with teams from the
Social Security Administration, the Department of Labor, and
the Centers for Medicare and Medicaid Services, to support
improved employment outcomes and economic opportunity for
people with disabilities.
Prior to joining HHS, I also served as the Senior
Disability Policy Advisor for the U.S. House Committee on
Education and Labor, and as a Joseph P. Kennedy Public Policy
Fellow for the Senate Subcommittee on Children and Families
within the Senate HELP Committee.
Since leaving full-time government service 8 years ago, I
have been employed with a health-care consulting firm, Health
Management Associates. As a consultant, I primarily work with
State Medicaid agencies and with other stakeholders to improve
policies and programs for people with disabilities and older
adults, as well as their families. Additionally, I continue to
volunteer with several nonprofit disability-focused
organizations.
Regarding my personal experience, as mom to a young adult
with significant disabilities, as family to several retired
older adults, and through my engagement with many people in the
disability community over the past 25 years, I know firsthand
both the opportunities and challenges for those who depend upon
the important benefits administered by Social Security.
I think understanding and respecting the experiences of
both the beneficiaries who receive services and the staff who
deliver those services is central to the Social Security
Advisory Board's work. Hearing from these individuals and
infusing their insights into policy deliberations and
recommendations reminds us why it is so important to improve
and sustain Social Security programs.
It is our obligation to thoughtfully consider the
experiences of everyday Americans, alongside our efforts to
analyze and consider data, research, and the perspectives of
government officials, policy experts, economists, and social
scientists. I also believe strongly in compromise and pursuing
consensus.
Should I be fortunate enough to be confirmed, I will serve
in a collaborative and bipartisan manner. I will work
cooperatively with my fellow Board members in developing our
advice and guidance to the administration.
Thank you again, Mr. Chairman, Ranking Member Crapo, and
members of the committee, for the privilege of appearing today.
I look forward to responding to your questions.
[The prepared statement of Ms. Lewis appears in the
appendix.]
The Chairman. Ms. Lewis, thank you.
Ms. Lang?
STATEMENT OF KATHRYN ROSE LANG, NOMINATED TO BE A MEMBER OF THE
SOCIAL SECURITY ADVISORY BOARD, SOCIAL SECURITY ADMINISTRATION,
BALTIMORE, MD
Ms. Lang. Chairman Wyden, Ranking Member Crapo, and
Senators of the Senate Finance Committee, it is a great honor
to appear before you today as a nominee to be a member of the
Social Security Advisory Board. I want to thank President Biden
for nominating me for this position. I greatly appreciate this
committee for holding this hearing on my nomination, and the
nominations of Mr. Biggs and Ms. Lewis today.
In my 25 years as an attorney, I have been an advocate for
low-income older adults and people with disabilities in a
variety of settings, with a focus on public benefits. Over the
past decade, I have become a nationally recognized expert on
the benefit programs of the Social Security Administration, in
particular the Supplemental Security Income, or SSI, program
and Social Security benefits for low-income older adults.
Over 7 million older adults live in poverty in the United
States today. As director of Federal Income Security at Justice
in Aging, I am part of the team working to ensure that older
adults in this country have access to the resources they need.
We train advocates and keep them informed of the most current
rules and policies at the Social Security Administration, to
ensure that all who qualify can access the benefits they need.
We provide materials, trainings, and other information to help
advocates navigate the complex rules and restrictions with
their clients and stay informed about changes to or systemic
problems with SSA benefit programs.
I have had the opportunity to present to the Social
Security Advisory Board in the past on some of my areas of
expertise, including the representative payee program and
streamlining the administration of SSI benefits. I also have
very extensive knowledge about other areas involving SSA
benefits, such as post-eligibility issues like overpayments and
the SSI in-kind support and maintenance rules. I look forward
to this opportunity for public service as a member of the
Social Security Advisory Board.
Before I conclude, I would like to take this opportunity to
thank my husband David Glenn, who is here with me today; our
daughter; my parents Frank and Pauline Lang; and members of my
extended family, for all of their support over the years.
Again, I appreciate this committee for holding this hearing
today, and I would be pleased to answer any questions that you
may have for me.
[The prepared statement of Ms. Lang appears in the
appendix.]
The Chairman. Thank you, Ms. Lang.
Okay. We now have some obligatory matters we have to go
through with each of you. First, is there anything that you are
aware of in your background that might present a conflict of
interest with the duties of the office to which you have been
nominated? We will just go right down the line. Ms. Tellez?
Ms. Tellez. No.
Mr. Biggs. No.
Ms. Lewis. No.
Ms. Lang. No.
The Chairman. Second, do you know of any reason, personal
or otherwise, that would in any way prevent you from fully and
honorably discharging the responsibilities of the office to
which you have been nominated?
Ms. Tellez. No.
Mr. Biggs. No.
Ms. Lewis. No.
Ms. Lang. No.
The Chairman. Third, do you agree, without reservation, to
respond to any reasonable summons to appear and testify before
any duly constituted committee of the Congress if you are
confirmed?
Ms. Tellez. Yes.
Mr. Biggs. Yes.
Ms. Lewis. Yes.
Ms. Lang. Yes.
The Chairman. Finally, do you commit to provide a prompt
response in writing to any questions addressed to you by any
Senator of this committee?
Ms. Tellez. Yes.
Mr. Biggs. Yes.
Ms. Lewis. Yes.
Ms. Lang. Yes.
The Chairman. We appreciate the responses of all of the
nominees.
So, Ms. Tellez, let's start with you. And as you can tell,
we really value this bipartisan effort here on the committee.
It has produced very substantial wins on a whole host of
issues, and part of it is getting timely and accurate answers
from Treasury.
It is just the coin of the realm to do our jobs. If you are
confirmed, how do you plan to work effectively with both sides
of the aisle?
Ms. Tellez. Thank you, Senator, for the question, and thank
you once again for having me here today.
As I mentioned in my opening statement, I spent 16 years on
the Hill working across the aisle to advance legislation on
behalf of my boss. So I understand how important those
relationships are, and how important it is to work in a
bipartisan fashion to find common ground. I brought that
perspective and that background with me when I joined the
Office of Legislative Affairs nearly 2 years ago, and have done
my best to work with members and staff regardless of political
affiliation to be responsive, with timely answers from
Treasury. And I would bring that same perspective with me if I
was privileged to be confirmed, and would hope to lead the
office in ensuring that Treasury provides timely and accurate
responses to members and staff of this committee and beyond.
The Chairman. So, in something resembling English around
here, would it be fair to say that not only are you saying you
will do it if confirmed, but you have a track record of trying
to be bipartisan, working with both sides?
Ms. Tellez. Absolutely, sir. I have done my best over a
nearly 18-year career to work with members and staff on both
sides of the aisle to find common ground, and I have done my
best over the last 2 years to do the same.
The Chairman. Thank you.
We are going to move quickly, because we have a lot of
ground that we want to cover. For the Social Security nominees,
we have taken special interest--Senator Crapo and I and the
good Senator from Nevada--in this whole overpayment issue.
This is really, in my view, a four-alarm fire with respect
to what we have to do there. So my concern is that we pay the
right people the right amount at the right time. And back in
the days when I ran the legal aid program for the elderly, this
was a modest issue. Now it has mushroomed in terms of the
concerns the members are hearing from constituents, and Senator
Crapo and I are going to be working together on this issue with
new Commissioner O'Malley.
So tell us--we will just go right down the line for the
three Social Security nominees. You have all had experience
with the programs. You have differing views. I would be
interested--we can just start with you, Mr. Biggs, and go right
down the line. What should Social Security be prioritizing to
reduce and prevent overpayments, and what might the Board be
involved in doing? Mr. Biggs?
Mr. Biggs. Sure. Thanks for the question. I would start by
saying that particularly with SSI, where the majority of
overpayments take place, the Social Security Administration
faces an extremely difficult job. They are required by law to
adjust benefits to the beneficiary monthly, based on both
income and assets.
From an administrative standpoint, that is an extremely
difficult job to do. At the same time, they need to come into
the 21st century in terms of how they do it, of accessing more
administrative data, more electronic data.
At this point, they are still inputting a lot of this data
by hand, which is not simply slow and costly but can involve
inputting errors, which create over- or underpayments. They
need to use more bank account data to track assets. I think
they need to work more closely with State agencies for workers'
compensation, unemployment; work more closely with the Internal
Revenue Service for real-time earnings data where available.
I will be honest. I will say, I do not understand why the
progress of the agency has been so slow on this. Computers,
anything
technology-related at SSA, is difficult. But obviously this is
something that has to move more quickly to modernize the whole
way this is structured.
The Chairman. Ms. Lewis?
Ms. Lewis. Thank you for the question. As a parent, I have
personal experience with this and can affirm how terrifying
those letters are when an SSI recipient receives a letter
saying they have received an overpayment, because my daughter
does work on a seasonal basis, and it is impossible
administratively for the Social Security Administration to keep
up with the lag that occurs when her income varies over the
course of the year.
So I think it is very important for us to look at how to
reduce the administrative complexity for both the Social
Security Administration and for beneficiaries, and
understanding opportunities to make recommendations so that
both the participants and the staff at the Social Security
Administration can make this program work as intended.
The Chairman. Good.
Ms. Lang?
Ms. Lang. Thank you for the question, Senator. This is an
area that I mentioned in my opening statement as an area where
I am very concerned. And I have been working with the Social
Security Administration to provide recommendations to them for
areas where I believe the agency can take action now, where
they do not need to wait for members of Congress, but where
they do have the ability, within their current statutory
authority, to take steps to address this current crisis, as you
mentioned, both with reducing or preventing overpayments before
they happen, but then when they do happen, improving their
waiver policies and their recoupment policies.
The Chairman. Okay.
I am just going to ask one question of you, Mr. Biggs, with
respect to this Wall Street Journal op-ed, which I indicated is
very troubling to me. I think we all understand, particularly
in this very challenging political climate, finding a consensus
on tough issues is no piece of cake. I mean, it is hard work
and very, very difficult.
But you have to get everybody to agree on the same set of
facts. If you do not have that, it is pretty hard to go to the
next kind of effort. When you said, ``Social Security benefits
are not earned,'' I said that was a stunning judgment about a
program that I have worked closely with for decades now--I am
going back to those senior citizen days.
I mean, seniors work their entire career and pay into
Social Security with every paycheck. And I just remember,
coming up in this field, everything said Social Security
``earned benefits.'' So how are you going to go about reaching
consensus on the future of Social Security if there cannot be
even an agreement on basic facts about the program?
Mr. Biggs. Well, like any author would have to know in
these circumstances, I will say the author does not write the
headline for an op-ed, which in that case I did not. The point
I made in that piece----
The Chairman. So, are you not in agreement with that
anymore? Are Social Security benefits earned? All of us have
had, once or twice, a headline in a news article that we did
not necessarily agree with.
My friend from Nevada is looking at me, because we all--
Senator Crapo--we all have seen headlines. So, if you are
saying you have changed your position----
Mr. Biggs. No. I am saying--if I might respond.
The Chairman. Okay; please, please.
Mr. Biggs. What the article said--it cited Congressional
Budget Office data showing that on average, even for people
retiring today or in the near future, they are promised Social
Security benefits, I believe, 27 percent higher than the taxes
they paid over their lifetime, plus interest on those taxes.
So the question is not whether Social Security benefits are
earned in this sense--I mean, we are both familiar with how the
Social Security benefit formula works. The issue I was raising
there was that Social Security benefits have not been paid for,
and this gets to questions of intergenerational fairness. And I
understand if you say you have earned your benefits; therefore,
that puts a moral claim that your benefits should never be
changed.
At the same time, it should matter whether we as a
generation have fully paid for our benefits. The point I made
in that article--and I think if you read it, it is fairly
clear--is whether we earned our benefits in this broader sense,
we have not paid for them.
That should influence how we think about the burdens we
place on future generations to pay for benefits that we may
have earned, but we did not pay for.
The Chairman. So what is troubling to me is you have
basically turned the debate about the generosity of Social
Security and the 20 million people or so that stay out of
poverty with this program--you are turning that into a
discussion about whether benefits have been earned. I do not
share that view. I think you start with the proposition that
they are earned.
I gave you a chance to change your mind, and I appreciate
your stating your views so we now all understand them this
morning.
Senator Crapo?
Senator Crapo. Well, thank you, Mr. Chairman. And before I
go to Ms. Tellez, Mr. Biggs, do you want to respond to that?
Mr. Biggs. I would think if anybody, based on that
discussion, has any doubts about my views, I highly encourage
you to read the op-ed and not rely on the headline or a
characterization of the article. I would simply say that.
Senator Crapo. It seems to me--I have not read your op-ed.
I am going to go read it. But it seems to me that the question
of whether--remember, when Social Security started, we had X
number of workers for Y number of benefits, and that has kind
of inverted.
It seems to me the question here simply is, is it fiscally
sound, and if not, how do we make it fiscally sound? Is that
not the issue you were discussing?
Mr. Biggs. Sure. It is thinking about how we consider
changes to Social Security going forward. If somebody has fully
earned and fully paid for their benefit, that is not just a
financial thing. There is sort of a moral claim that is made
there, that it would simply be unfair to take benefits away
from somebody if they had in fact fully paid for them.
And in the article, I am very clear you should not--for a
low-
income person, regardless of whether they have fully paid for
their benefits or not--you should not take those benefits away.
But you have higher-income Americans who are being promised
benefits well in excess of what they have paid for. Should they
have a moral claim to tell our kids and grandkids that they
therefore have to finance it, that they therefore have to pay
higher taxes to finance benefits that I may be promised, but
did not pay for?
The question is not whether Social Security benefits are
earned; the question is whether Social Security benefits have
been paid for. And I just think you would really need to read
the piece to understand it. But the idea that I'm simply saying
that Social Security is not an earned benefit, that it is
simply a welfare benefit, that is just simply a
mischaracterization of the argument I made there.
Senator Crapo. I appreciate that. I wanted you to clarify
that.
Since we are on the Social Security issue right now, I just
have one question for each of you to answer. Because of some of
this controversy, we have been pulled into a discussion about
how Social Security should be managed. But that is not your
job, is it? I would like each one of you, if you were
confirmed, to tell me, if confirmed, do you commit to
maintaining the Board's bipartisan consensus-based approach to
decision-making? Mr. Biggs?
Mr. Biggs. I absolutely commit to doing that.
Senator Crapo. Ms. Lewis?
Ms. Lewis. Thank you. I absolutely commit to it as well.
Senator Crapo. Ms. Lang?
Ms. Lang. Thank you for the question, Senator. I do commit
to maintaining that practice.
Senator Crapo. All right; thank you.
I also have some questions for you, Ms. Tellez. First of
all, as I indicated in my opening remarks, I have concerns with
the Treasury Department's responsiveness.
Throughout this administration, Treasury has consistently
provided late responses to correspondence on tax, economics,
and finance policy issues, correspondence that is essential for
Congress to carry out its oversight authority.
Just last year, it took Secretary Yellen around 7 months to
respond to questions for the record after a Finance Committee
hearing on Treasury's budget. It took the IRS Commissioner
almost 8 months to respond to questions after a Finance hearing
on the IRS's budget and their filing season. The lack of basic
responsiveness--by the way, these are just two examples. There
are multiple examples of how--there is correspondence we are
still waiting for answers on.
The lack of basic responsiveness from the administration is
unacceptable, and frankly it is highly troubling given the
amount of funding provided in the so-called Inflation Reduction
Act. A simple ``yes'' or ``no'' question, and then I have
another one where you can elaborate.
If confirmed, will you commit to being transparent and
responsive to me and my staff in correspondence requests and
briefings?
Ms. Tellez. Yes.
Senator Crapo. Thank you.
And now, this is maybe an unfair question, so you can
decline to answer it if you want to. But then I would like to
let you just respond in general to the issues that I have
raised. The question is, do you find the time of 7 or 8 months
delay to a response acceptable?
Ms. Tellez. Thank you, Senator, for the question, and thank
you for raising your concerns with me. I deeply respect the
role that Congress plays related to policymaking and oversight
responsibilities, and I understand how important it is to
receive timely, accurate responses from the administration and
the Treasury Department.
So, I commit to work with you and your staff to do our best
to respond in a timely manner with accurate information.
Senator Crapo. All right.
One last question. In the case of different interpretations
between Congress and the Treasury with respect to tax law
changes, what steps will you take to ensure that all voices are
heard and that the administration's preference on regulatory
guidance does not overstep congressional intent?
Ms. Tellez. Thank you, Senator. I think the role of
Assistant Secretary for Legislative Affairs is to ensure that
voices in Congress and stakeholders are heard by the
Department, elevated respectfully within the Department as
decisions are being made, and I would commit to work with you
and your staff to ensure that happens.
Senator Crapo. Thank you.
The Chairman. I would say to my friend, I went, I think, 7
minutes or something. Would you like to go and finish up, or--
--
Senator Crapo. No, I am good.
The Chairman. You're in good shape? Okay.
Our colleague from Nevada.
Senator Cortez Masto. Thank you, Mr. Chairman. Thank you to
the ranking member.
I am curious--because this is going to be a dynamic for the
Board--Ms. Lewis or Ms. Lang, do you care to respond to what
Mr. Biggs said about earned benefits at all or any of the
comments that he made, and his position? I do not want to put
you on the spot right now, but I'm just curious, because this
is what the dynamic will be. I would like to see it play out in
front of me.
Ms. Lang. Thank you, Senator, for asking us. I will just
say that I am very familiar with Mr. Biggs's work and his
position, and I look forward to being on the Board and engaging
with his perspective and the perspectives of the other members
as well.
I do not think that any one person gets to drive the agenda
of the Board. I think we have to work together collaboratively.
Senator Cortez Masto. I appreciate that; thank you.
Ms. Lewis?
Ms. Lewis. And thank you for the question. I also believe
that we need to work toward consensus, and that the role of the
Board is to be a place where we can try to find common ground
in our work, regardless of our political backgrounds. And I
look forward to working with Mr. Biggs and having conversation
and debate to come to good recommendations.
Senator Cortez Masto. Thank you.
Mr. Biggs, thank you for your clarification. I do look
forward to reviewing that article. I appreciate that.
Ms. Tellez, welcome as well. I appreciate the work that you
have done already. I look forward to further working with the
Treasury. We have been great partners on the Inflation
Reduction Act and so many other areas.
I actually plan to send a comment letter to Treasury soon
on the proposed rule on the 45X tax credit and some issues
concerning critical minerals. So I look forward to further
collaboration, and I hope that is the case. I also hope that
from what I just heard from the ranking member, Treasury is
responsive to all of our colleagues, not just some of them. So
I appreciate that. Thank you. I do not have much time, so I am
not going to ask you any questions.
I do want to jump to SSI, because I do appreciate the
background and the work that you have done. In my family, I
also have somebody on SSI. Let me just tell you, the challenges
for somebody with disabilities are just too much.
The time lag, every other issue, is a challenge, and I
cannot figure out why. And so maybe, let me just start, Ms.
Lewis, with you. It seems to me there has to be more than just
the issue of modernization and technology. What recommendations
would you have, or what would you bring with you from your
experience on how we should address this issue?
Ms. Lewis. Thank you very much for the question. I think
that SSI is a program that the Congress needs to be taking a
hard look at in terms of asset limits, the opportunities to
manage the program. When an individual can find themselves in
an awkward position of an overpayment because their savings
account hits $2,001, I think that speaks for itself. And those
are challenges that I look forward to researching and analyzing
as a member of the Social Security Advisory Board, so that we
can put forward recommendations on how the Congress might
address those concerns.
Senator Cortez Masto. I look forward to those
recommendations as well.
Ms. Lang, similarly, and also approach it from--I am
curious, because you have been before us providing
recommendations. How would you then turn it around and do the
outreach to stakeholders as well, getting more people and more
input in as well?
Ms. Lang. Yes. The SSI program is just so complicated
because it is rules upon rules, as you know. There are just so
many complications. There is a rule, and then there is an
exception to that rule, and then there are four exceptions to
the exception, and it just becomes too, too burdensome to
administer for the agency.
So I think there is definitely a role for the Advisory
Board to make recommendations about ways it can be streamlined,
and how some of those complications can be reduced or
eliminated.
Senator Cortez Masto. Thank you. Thank you all for your
willingness even to serve. I appreciate it, and welcome to all
of your family members. Thank you everyone.
Thank you, Mr. Chairman.
The Chairman. I thank my colleague.
Again, a long-time advocate of Social Security and our
subcommittee point person, Senator Brown.
Senator Brown. Thank you, Mr. Chairman, and, Senator Cortez
Masto, thank you for bringing up a really important issue.
Mr. Biggs, I will start with you. I am concerned about your
record on Social Security, as you know, which is the bedrock of
our middle class, that people earn and pay into their whole
lives.
This committee has been terrific understanding pensions, as
Chair Wyden has understood, and restoring people's lost
pensions. My concern is the role you played in President Bush's
effort to divert payroll tax contributions from the trust funds
to a private savings account.
In other words, you advocated privatizing Social Security--
you and your allies back off that sometimes, saying you are
not, but you have been--to let Wall Street gamble with people's
guaranteed retirement security, which most of us on this
committee find abominable.
That was just a few years before the 2000 crash. If workers
had followed your plan back then, we all know what would have
happened to a generation of Americans' Social Security. So many
Americans would have lost most of their savings. My first
question is, do you think Social Security should be privatized?
Mr. Biggs. No, I do not.
Senator Brown. Okay. To be clear, my concerns with your
views on Social Security are not just about the past. These are
your present-day views. Just last month, you wrote in The Wall
Street Journal, ``Social Security is not earned.'' You have
also written before about raising the Social Security
retirement age. Do you think Congress should raise the Social
Security retirement age?
Mr. Biggs. I have not proposed raising the Social Security
retirement age. I am aware of an article where it cited some
comments I made in a congressional hearing, where I said it was
not an unreasonable idea. Over the past 12 years, I have put
forward three different written frameworks for how I would
reform Social Security. None of them included an increase in
the Social Security retirement age.
Senator Brown. You have also said all options should be on
the table, and that includes, I assume, raising the retirement
age and privatizing Social Security, when you say all options
should be on the table?
Mr. Biggs. I do not believe I said all options should be on
the table. I think Congress should keep all options on the
table if you wish to have a bipartisan agreement. I have not
argued for raising the Social Security retirement age. I do not
believe I have written anything in favor of private accounts
since the Bush experience in 2005. So that was 18 years ago.
Senator Brown. I have watched you, and I have watched your
allies in administrations over the years, when you have power,
make suggestions to The Wall Street Journal and conservative
publications, the Heritage Foundation, all those allies.
Your allies seem to clearly--they do not like Social
Security. They do not really need Social Security. I mean, most
of the people who take these positions of privatization, of
raising the retirement age, you could live the rest of your
lives--however long you live after retirement, if you ever
retire--you could live in enough comfort that you do not really
need that $2,000 or $3,000 or $4,000 a month.
And I think back to, you know, who is making these sorts of
admonitions to us? Who is saying that Social Security, all
options are on the table, privatization is okay, all that? It
is people who wear suits all day and sit at a desk, people like
you, people like me, who say ``raise the retirement age.''
I do not want to lecture you. But maybe if you spent more
time talking about people who work at the McDonald's drive-
through or people who are steelworkers or people who are on
their feet all day, by the time they're 45 or 50 or 55, their
bodies are pretty worn out.
Yours, I mean if your health is generally good, your body
is not worn out by doing the kind of work you do, the kind of
work I do. But people who work hard--I mean, the building
trades start work at 18 or 20, a pipefitter or a construction
worker of some kind. You know, they pay into retirement. They
can retire at 55 because their bodies wear out.
I have watched, I have looked at police officers who are
50, and you know, their bodies have worn out. They have
physical jobs with challenges all day long, yet they are--you
know, Social Security matters to them. If you think about
raising the retirement age, as you have advocated and others
have advocated and we have raised the retirement age--it is
that much longer those people have to wait.
And they are not--they typically do not live as long past
65, as people who work like you do and I do. It is just--I
guess my request and admonition is, spend a little more time
with servers in this society.
I will close with one story, Mr. Chairman. I was at an AFL-
CIO dinner in Cincinnati a few years ago, and there was a group
of middle-aged women sitting in front of the room, and I went
up and sat at their table, and I said, ``What brings you
here?''
One of the women said, ``We just negotiated our first union
contract. I represent 1,200 custodial workers.'' I said, ``What
does that mean, your first union contract?'' ``It means,'' she
said, ``I am 51, and it is the first time in my life where I
will have been paid a 1-week vacation.''
People like that. I mean, they are cleaning our offices
every day, and we expect them to work to 65 or 67. So often
they do not have retirement. So often they do not have
vacation. So often they do not have health care, and it is why
people hate Washington. They do not see us paying enough
attention to people who work with their hands, people on their
feet all day, people who struggle with the daily mess of life,
and we simply do not, as a culture, reward them for it.
Thank you, Mr. Chairman.
Mr. Biggs. If I might, Senator. I am fortunate enough to
live in a rural area, so I am outside of Washington, DC. My
friends include people who are plumbers, electricians, and
people who work in construction. I have a family friend whom I
help with their SSI. So I completely understand what you are
saying.
What I have argued for on Social Security--I have not
advocated a raise in the retirement age. I have argued for
increasing minimum benefits, which would raise benefits for
about the bottom third of retirees and would take the elderly
poverty rate from the current rate of 7 percent or so to 0
percent.
So, I think it is important to understand what I am. For
better or worse, I have a very long, written record of
advocating things, and so it is important to understand what I
have advocated for and what I have not advocated for.
Senator Brown. Okay; thank you.
The Chairman. I thank my colleague, Senator Brown, and I
think there is a certain irony here. You know, Senator Brown
has made this very important point that people have a chance to
work and be independent--one of the challenges we have been
dealing with, with respect to disabled folks. And it is Senator
Brown, Senator Cassidy, and myself who have all put a lot of
time into it.
So I think there is a certain irony here that as we move
toward the end of this hearing, I think Senator Cassidy will be
the last to ask questions. We have, again, this kind of
bipartisan alliance that I am particularly appreciative of,
that Senator Brown and Senator Cassidy have been leading. I am
kind of one of their wingmen or something, I guess you would
say, to support it, because I think it is an important cause.
Senator Cassidy?
Senator Cassidy. Thank you. And I would say the position
that you would be holding would be a policy position, at least
a policy advisory position. And, Mr. Biggs, I am sorry I was
out for a bit of it, so you may have already discussed this.
But we all know that there is a looming insolvency of the trust
fund.
At that point, under current law, benefits will be cut by
24 percent across the board. You will be in a position of
policy. You have criticized other proposals, and you have
mentioned in your writings of the past, that you have to cut
benefits--at least as you approach it--you have to cut benefits
or raise taxes. Which of those would you recommend?
Mr. Biggs. The Social Security Advisory Board, to my
knowledge, has never made recommendations----
Senator Cassidy. But if you had to--I think it is
important, because the whole point here is, we want people with
expertise. We want people with expertise who actually can weigh
in and perhaps echo a good proposal or poo-poo a bad one.
Mr. Biggs. Okay. I just want to be extremely clear here
though, that in the role as a member of the Social Security
Advisory Board, these are not the sorts of questions the
Advisory Board would ever address.
Senator Cassidy. Oh, I thought they discussed policy. No?
Mr. Biggs. If you look back at what the Advisory Board has
done----
Senator Cassidy. But I am just going to tell you
straightforwardly, that they discuss policy. So would you cut
benefits or would you raise taxes? If you were the czar for the
day, what would you do?
Mr. Biggs. What I have argued for is gradually, over time,
transitioning to a benefit structure that is more focused on
maintaining and protecting against poverty in old age for the
lowest income retirees, and reducing the growth--which,
relative to current law benefits does mean cutting benefits,
particularly at the high end and to a more limited degree at
the middle.
Senator Cassidy. Now of course the issue, as we know, is
that Social Security cannot tell the difference between the ICU
nurse who has been working at the tax max from the billionaire.
It just cannot. And so the ICU nurse who has worked for 20
years at the tax max may wonder why her benefits are being
reduced. We imagine, as President Biden does all the time, that
it is only those making over $400,000 a year.
But really, inflation-adjusted, it is $160,000 a year. So
would you reduce the benefits for that person making $160,000 a
year? Is that who you--knowing that is how Social Security
defines it, is that how you also define it?
Mr. Biggs. Sure. Somebody who earns the tax max, which is
currently about $168,000 for their full career, would retire
with a benefit somewhere north of $45,000 per year. For a
couple, that comes to $90,000 a year in Social Security
benefits. I think that is more than is--that is something like
four times the elderly poverty threshold. I think that is more
than sufficient.
Senator Cassidy. So, if that couple lives in San Francisco,
for example, they would say that $90,000 does not take them
very far in San Francisco.
Mr. Biggs. Sure.
Senator Cassidy. But I gather from your benefit--because
you are very critical of mine, which is trying to avoid that.
But that assumes that there is an alternative. But I guess
under your plan, the couple making $90,000 in a high-cost area
would just have to move?
Mr. Biggs. Well, Social Security does not distinguish
between the cost of living between different parts of the
country, and for better or worse, that is the design of the
program. But my own point of view is that Social Security is
intended--principally is a social insurance program to protect
against poverty in old age.
I do think paying a couple a benefit of over four times the
elderly poverty threshold before they have touched a penny of
their own savings is probably more than is necessary.
Senator Cassidy. But the elderly poverty ratio is pretty
low. I mean, if you look at what poverty is, the poverty
threshold is low, and so I do not know if we can look at that
poverty threshold and say, ``Oh my gosh, if you are doing
better than that, you are doing pretty well.''
I am just struck, because it is easy to get out there and
throw stones at people, but then when you get to the kind of
brass tacks, where do people live and how are they going to
live, it is lot harder. You are going to be in that role. It
will not be, you know----
Mr. Biggs. I do want to be very clear. I mean, the Social
Security Advisory Board does not look at these sorts of
questions.
Senator Cassidy. Oh, I thought it did policy.
Mr. Biggs. It does not. It does not look at those sorts of
questions you raised.
Senator Cassidy. I saw that it was all kind of policy. It
included policy, that when Moynihan came up with it--I am
seeing some heads nodding in the back--that it was supposed to
be doing policy.
The Chairman. The Board makes recommendations with respect
to the program, but they do not make formal policy. So----
Senator Cassidy. They do not make the policy, but they make
recommendations?
The Chairman. Correct; that is correct.
Senator Cassidy. Right.
The Chairman. Yes, they make recommendations.
Senator Cassidy. And that is where I was going with that.
The Chairman. Right.
Senator Cassidy. Because really, we've got to come up with
a way to do this.
Now, just to put a point on it, obviously I have spoken
about my big idea, which you called a capital gains tax. I am a
little bit curious about that. If the goal is that we want to
hold harmless those who are less well-off, and there is a
marginal decline in rate of return theoretically for those
because of our big idea, which I will not elaborate but would
love to otherwise--and I have spoken to different members of
this committee, and they know about it.
That would disproportionately affect, to the degree that
that marginal effect would occur, those who are better off. But
it would leave that nurse, who is at the tax max for 20 years,
basically unscathed except insofar if she is in a 401(k) or
something.
I say that not expecting your comment, because you have
made these comments in the past. But I think it is important
for the position of people advising on policy to move beyond
the facile answer that sounds so great when you disassociate it
from someone's life, and try and connect it with where someone
lives.
Ivory towers are easy places to reside, and politics is
tough, because we do run into these people, and we do have to
accommodate for them. I say that for any of you. As you are
advising on policy, move beyond the theoretical and the comfort
of a sinecure--no offense--and to where someone lives who
otherwise has nothing else to live on.
With that, I yield.
The Chairman. I thank my colleague, and Senator Tillis is
next.
Senator Tillis. Thank you, Mr. Chair. I did not think I was
going to be able to make it here, but I watched the exchange
with Senator Brown, and he inspired me to come down here. I
also saw that Senator Cassidy was next, and I wanted to be on
what I consider to be his wing for a very, very important
discussion that we are having here, that people talk past at
every chance they get, and that is getting Social Security on a
sound footing.
I decided to work at a convenience store that was literally
right next door to my house in 1972. I was 12 years old. I had
to apply for a work permit. I got a work permit and made my
first payment into Social Security at the age of 12 in 1972,
$33, and I have made payments every year since.
I think that we--I get, Mr. Biggs, what you said about how
you do not propose policy, no more than the Fed will propose
policy. They implement policy; they react to it. But I would
like to get just an indication from you all. Ms. Tellez, you
get a pass. I intend to support your nomination. I like the
fact that people in the South pronounce my name like yours,
Tellez.
But in fact, I hope that I get to support all of your
nominations. It is going to be largely dependent upon whether
or not we have bipartisan support for the slate. But I would
like to get your understanding.
I had a very interesting discussion with a very, very smart
Senator on the Senate floor about the future of Social
Security. I for one think that we could be headed for a crisis,
based on the current course and speed if we do not make reforms
over the next 10 years.
Now this very smart person--this was on the Senate floor--
he said, ``Tom, you all always say that, and when we have a
crisis, we write a check.'' Well, that may have been possible
in the past, but now that we're at a point of $34 trillion in
debt, there is nothing to draw on. There is no overdraft
protection.
If we run into solvency problems with Social Security in
its current structure, it will come in the form of betraying a
promise that we made to people who are on it, and people who
are close to getting on it. I am making a statement here. I
want you all to tell me whether you kind of agree with it, or
you disagree and everything's pink skies and flowers, in the
time that I have left.
But we are not talking about--Senator Cassidy has done an
extraordinary job of getting Republicans and Democrats together
in private meetings, to talk about what we need to do here. We
are not talking about Senator Brown's tradespeople who are 55
years old and suddenly changing their eligibility date. We are
not talking about their 35-year-old son or daughter who may be
pursuing the same thing. What we are talking about is, over
time, changing eligibility because of the reality that we are
living longer and we are healthier, and we have fewer problems
than we have had in the past.
And if we do not start aligning our policy with the reality
of demographics and indexing properly, we are not going to be
able to write the check. Now in the remaining 1\1/2\ minutes,
tell me I am wrong, everything is happy, and we need to do
nothing with respect to means testing at the high end to
potentially reduce the benefit for people who really do not
need it, for lifting people out of poverty and making damn sure
the promise we are making today is fundamentally there for the
next two generations behind those who are already on it.
And we will start with you, Mr. Biggs.
Mr. Biggs. In the year 2034 when the trust fund is
projected to run out, sort of the cash deficit on an annual
basis for Social Security will be somewhere around $450 billion
in today's money. Even by congressional standards, that is a
great deal of money.
So obviously, something is going to have to happen to
address this. The usual caveat is--in the 20 years or so that I
have followed the Social Security Advisory Board's work, they
do not have the sorts of discussions that I just had with
Senator Cassidy. It is a separate track, but I think you are
accurately characterizing the challenges that we face.
Senator Tillis. Ms. Lewis?
Ms. Lewis. Thank you, Senator. I think the role of the
Social Security Advisory Board is to look at issues, research
and analyze, and come to a consensus across the seven members
of the Board. And I think I would be both deferential and
interested in debating the need for changes or reforms to the
Social Security programs within the context of the Board.
But I am not an economist, and at this juncture I think I
just need to promise that I will listen and that I will work
hard with my colleagues to make recommendations.
Senator Tillis. Ms. Lang?
Ms. Lang. Thank you, Senator. I agree with your
characterization of the coming crisis in the Social Security
trust funds. And you know, as my colleagues have mentioned, the
role of the Advisory Board does not generally extend to the
trust funds.
In the coming crisis, we might feel like we need to address
it, but it is the role of Congress to make the tough choices.
Senator Tillis. I agree. I just think at some point we've
got to get out of the circular discussion. In reality, you will
be able to spend as much time as you are willing to commit to
this issue in your capacity on the Board. We are going to deal
with 20 different key topics before the sun sets tonight as
members of the U.S. Senate.
If we do not have people who are stewards over the process,
saying ``this is something you should look at''--not
prescribing how to fix it, but there is something other than
the current course and speed that must be done. I do believe
that that is within your purview, and I do think that it is
critically important our members of the Board, at the time that
this fails, will be every bit as responsible as the members in
Congress who refuse to act on it.
Thank you all for being here. Congratulations on your
nominations.
The Chairman. Thank you, Senator Tillis.
Senator Cardin?
Senator Cardin. First, let me thank the four of you for
your willingness to serve. These are tough times to serve in
public life, and we thank you very much.
I have a direct interest in the Social Security
Administration for many reasons, not the least of which being
that their headquarters are located in my community in
Maryland. So we very much are concerned as to how the workforce
is respected and supported, and how services are provided to
the millions of people who depend upon the Social Security
Administration.
I do want to make a brief comment. I was not here during
Senator Brown's comments, but that does not prevent a Senator
from assuming what he said and responding to it.
I want to agree with Senator Tillis. Ms. Tellez, you have a
good pronunciation of your last name for credibility in this
institution. We just want you to know that, and I just want to
point out, retirement security is one of the major concerns for
American families.
We have a three-legged stool. I have worked through my
entire congressional career, starting in the House, to
strengthen the private retirement options that are available
for retirees. I am proud of the work I did with Senator Portman
in enacting major legislation to give new opportunities to
expand retirement security through private retirement. I want
to thank the leadership of this committee, Senator Wyden and
Senator Crapo, for the work we did on SECURE 2.0, that enhanced
those private retirement options. That is critically important.
Second, we need to enhance private savings, the second leg
of the stool. I have put forward a progressive consumption tax
that rewards savings. I think we put too much of a tax on
savings in America, and we should reward private savings.
And then there is Social Security, which to me is the most
important leg of the three-legged stool. I applaud Senator
Cassidy for his initiative to strengthen Social Security. I may
not agree with everything in his proposal, but I do think we
have to protect the guaranteed annual payment without worrying
about inflation, without worrying about the stock market.
We need to make sure that the guaranteed income is
available, and the benefits are maintained and strengthened for
those who particularly need them. So I just want to point out,
I think there is bipartisan agreement that we have to
strengthen all three legs of the retirement security stool for
American families.
But the question I want to ask you about is a more
pragmatic concern. We have asked the Social Security
Administration to do more with less resources over the last
decades. The number of people getting benefits has grown, the
complexity of the system has only gotten more challenging, and
the support for the administrative budget has only gotten lower
over time.
We did the right thing in confirming Governor O'Malley as
the Commissioner. I have a great deal of confidence that he
will use the resources in the best way to provide services to
those who depend upon the Social Security Administration.
But my question to you is, what is your commitment to
improve worker morale at the Social Security Administration?
How will you work to make sure that those who depend upon
Social Security can get timely responses on the phone, timely
decisions on determinations, have the services in their local
community that they need, including the local offices?
How will you make sure that those services are protected,
so that the people who depend upon the benefits of the Social
Security Administration can get timely advice and timely
benefits determinations? Why don't we just go on down the line.
I will start with Mr. Biggs.
Mr. Biggs. I think your point about worker morale at SSA is
well taken. If you look at surveys of Federal agencies, of
morale in them, Social Security tends to rank quite low there.
During my time at the agency, from 2003 to 2008, based on that,
I could not tell you precisely why that is.
There may be some very specific issues there. But I think
there is the importance of feeling that you are making progress
in your mission, and by that, I mean, going back 20 years ago
when I started at SSA, there was always this struggle of
processing disability claims, processing SSI, dealing with
improper payments.
This is a longstanding issue, and so I think there probably
is some frustration there that these things continue. They do
not feel they are getting on top of them. So I think one thing
the Advisory Board can do is help investigate, not simply what
problems exist say with improper payments, which we are aware
of, but why has it been so difficult to get on top of these
things? Why has it been so difficult to modernize the data
systems so that these are not such a difficult issue for the
agency and for Americans? You know, when people think of Social
Security, they think of retirement. From the agency's
standpoint, it is disability and SSI which are the real
challenges, and those are very difficult programs for them to
administer.
Senator Cardin. Mr. Chairman, if I can have an extra 30
seconds to give Ms. Lewis a brief reply, and Ms. Lang, I would
appreciate it.
Ms. Lewis. Sure. Thank you, Senator. I think, again, the
role of the Advisory Board is to engage in understanding the
``why'' behind some of those issues in terms of the morale at
the Social Security Administration, and we look forward to
seeking additional information and data to understand why the
morale issues are what they are.
And as you note, what we have seen is the number of
employees who are there to serve an increasing number of
beneficiaries has become disproportionately lower over time,
and I think that has to be contributive.
Senator Cardin. Ms. Lang?
Ms. Lang. Thank you, Senator. I agree with my colleagues
that it is the role of the Advisory Board to look into these
issues and bring an outside perspective. Sometimes within the
agency it is hard to see beyond what is already happening and
to think of alternatives.
So I think that it is the role of the Advisory Board to
bring recommendations for how to address some of the issues
that the agency is facing.
Senator Cardin. Thank you.
Thank you, Mr. Chairman.
The Chairman. Senator Whitehouse?
Senator Whitehouse. Thank you very much.
Medicare and Social Security, it is indisputable that both
are headed for a fiscal cash-flow cliff. So there is one fact.
At President Biden's State of the Union address, there was a
bipartisan standing ovation for the proposition that there
should be no cuts to either Social Security or to Medicare. So
there is a second fact. There is a fiscal cash-flow cliff
coming, and there was a bipartisan virtual pledge that Social
Security and Medicare cuts were not on the plan.
If you do the math, that only leaves one more factor to
avoid going off the fiscal cash-flow cliff, and that is revenue
to Medicare and Social Security. While it is unfortunate that
there are so many billionaires and so many large corporations
that pay no taxes at all--or very modest tax rates compared to
average folks who are plumbers or firefighters--that does
create an opportunity to put Social Security and Medicare on a
sound, long-term financial footing, victory 1, by taking some
of the rot and injustice and self-dealing out of the tax code,
making it fairer, victory 2.
So to me, that is a win-win, and I just wanted to take this
moment to put a plug in for my Medicare and Social Security
Fair Share Act, which would lift the FICA cap for those making
over $400,000, consistent with President Biden's pledge, and
require those with investment income above $400,000 to pay
Social Security tax that wage earners have to pay.
It would increase the Medicare tax rate by 1.2 percent--not
a frightening number--1.2 percent for income above $400,000,
and it would close the loophole that for a long time has let
hedge fund managers and other business operatives avoid
Medicare taxes by treating their income as not wages but a
distribution. That is often referred to as the Gingrich-Edwards
loophole.
If we do that, the Social Security Chief Actuary said we
can preserve Social Security's soundness. We can extend
Medicare's soundness for decades, and we can give Americans
enormous peace of mind that these programs are there for them
and will continue to be there for them.
So to me, that is a big win. I was delighted to see
President Biden suggest that this was going to be an important
part of his work in the remainder of this term and into his
next term. I think that if we can deliver for the American
public a sound and solid Social Security, a sound and solid
Medicare, and do that by making the tax code fairer, then we
will have done very good work.
So, with that point made, I will yield back the floor and
thank the chairman for his indulgence.
The Chairman. I thank my colleague.
And I don't want anybody to think I am filibustering. We
have a Senator on their way, so I am going to ask about one
other matter.
Ms. Lewis, in your opening statement, you talked about your
daughter Zoe and her pride in her job, through integrated
employment. You also mentioned that she is receiving
Supplemental Security Income. Given your experience, what
should the Board focus on given that experience in your
household?
Ms. Lewis. Well, thank you very much, Senator Wyden, for
that question. It is a passion issue of mine in that I believe
that there are many people receiving Supplemental Security
Income benefits who are interested in working, but also
experience many barriers to work.
We have a very low employment participation rate among the
beneficiaries, despite many workforce incentive opportunities.
I think it would be beneficial for the Board to look further
into why we have such a low take-up in terms of participation
in the workforce among SSI recipients.
The Chairman. And what is the possible analysis going to
be, why there is such a low take-up rate? Because you know, my
understanding when I am talking to people at home, is that a
lot of folks are just like your daughter.
Ms. Lewis. Certainly. I think that there are many reasons.
I think again, I would hope that the Board and the staff that
supports the Board would be able to engage in further research.
Anecdotally, we know that many families and individuals with
lifelong disabilities perceive that they are not able to work,
that they will lose their benefits, they will lose not only
their SSI but their Medicaid and other critical benefits. And I
think part of the work is ensuring that people understand.
These programs are incredibly complex, and as the Senator
mentioned earlier, it is very challenging for individuals with
disabilities to navigate and manage these programs.
If there is an opportunity to offer recommendations to
simplify both the communication and the administration of SSI
so that individuals can understand the opportunity to work, I
think that would be beneficial.
The Chairman. You are being way too logical for Washington,
DC. But I mean, I remember when I ran the legal aid program for
the elderly and the disability office was down the hall,
literally I would get calls from individuals who were lawyers,
they were engineers, and the call would always go the same way.
``Hi, Ron; how you doing? I remember seeing you at the
Dairy Queen. You do the senior citizens. So you know, I am a
lawyer or engineer, and I am trying to help mom, and I cannot
sort through these programs. I cannot sort through all of these
issues that we are talking about.''
So good for you, and you take that simplification cause
when you get to this position, and you just push very, very
hard, because it is hugely important.
I have just a brief closing statement, because I am going
to have to go. I am going to turn it over to Senator Warren to
wrap up.
But I just want to say on my behalf that I thank the
members for their participation. I especially want to thank our
nominees for their responses. Based on what I have heard today,
I strongly support Ms. Tellez's nomination. I urge members to
do so.
I think Ms. Lewis and Ms. Lang would be valuable members of
the Social Security Advisory Board. I strongly support their
nominations. As I have indicated, I am troubled by Mr. Biggs
and this definition of earned benefits, which I am still
unclear on. He says that he was misquoted in the headline and
the like.
We went back and forth, and he still is expressing a view
that I believe could undermine a fundamental foundation of
Social Security, this matter of this being earned benefits. I
will tell the people on this panel I have supported that since
the days when I had a full head of hair and rugged good looks
and I was director of the Gray Panthers. I am not changing now.
I am just not changing now. So I cannot support Mr. Biggs's
nomination.
Just procedurally, regarding questions for the record, the
deadline for members to submit questions will be next Monday,
February 5th, at 5 p.m. The deadline, colleagues, is firm.
Senator Crapo and I have discussed this.
And I just want to, in turning things over to Senator
Warren, thank all the members who have come for their
cooperation. Senator Warren will ask the questions at this
point, and then she will adjourn the hearing.
And, Senator Warren, please proceed.
Senator Warren. Thank you very much, Mr. Chairman.
So all of my colleagues here today agree that Social
Security has a solvency problem, which threatens the retirement
security of 70 million seniors who have spent their entire
lives paying into this program.
That leaves us with two options. One, we can shore up the
program's finances by making the wealthy pay their fair share;
or two, we can cut benefits for millions of hardworking
Americans who rely on Social Security to make ends meet.
Now today, the payroll tax that funds the program does not
apply to income above $160,000. That means that Jeff Bezos and
Elon Musk, the richest men in the world, contribute to the
Social Security program just as much as your neighborhood
dentist. Put a different way, while most Americans spend the
entire year paying into the program, these men met their
obligation within seconds into their work in the New Year.
Now, Mr. Biggs, you have been nominated to serve on the
Social Security Advisory Board, which provides advice on how to
strengthen Social Security. I want to ask you just a series of
questions on how you would advise Congress on addressing the
program's solvency issues. First, at a Senate Budget Committee
hearing in July, you said that raising taxes on higher-income
people was ``inconsistent with Social Security's history and
philosophy'' and ``unnecessary given the already record high
levels of Social Security benefits.''
So, I just want to be clear on this. Do you still oppose
raising the payroll tax cap for higher-income earners?
Mr. Biggs. To be clear, the sorts of issues you are raising
right now have never come under the purview of the Social
Security Advisory Board. There is no----
Senator Warren. I am asking for your view, and I am quoting
what you already said. I just want to be clear. Do you still
oppose raising the payroll tax cap for higher-income people? It
is a pretty simple question.
Mr. Biggs. I would prefer not to do it. I could easily----
Senator Warren. So, you oppose it? Okay.
You know, raising the payroll tax income cap so that the
wealthiest Americans pay their fair share would extend Social
Security's solvency by 75 years. But if you take raising
revenue from the wealthiest people off the table, then that
leaves one option to extend Social Security's solvency, and
that is benefit cuts.
Now, one proposal that Republican policymakers have offered
is to raise the retirement age. Mr. Biggs, you have previously
explained that raising the retirement age would cut benefits
for American workers across the board, is that right?
Mr. Biggs. That is correct.
Senator Warren. Okay. And yet you sat before this committee
about a decade ago defending Republican calls to raise the
retirement age, claiming that Americans' biggest risk on the
job was ``carpal tunnel syndrome from their mouse.'' So that is
my last question, Mr. Biggs.
Your plan to address Social Security's solvency, which you
have called the ``flat benefit plan'' would, in your words,
``mean lower future Social Security benefits for middle- and
high-income earners.'' So, do you still support cutting
benefits for middle-income workers?
Mr. Biggs. What I have proposed would in fact pay lower
benefits in the future to middle- and high-income earners than
what is scheduled under current law.
Senator Warren. Okay. Look, the point of the Social
Security Advisory Board is to provide recommendations on
strengthening Social Security for America's workers. I just do
not understand why we are being asked to confirm someone whose
plan for strengthening Social Security is to gut its
protection.
But in all fairness to Mr. Biggs, his views are not extreme
outliers. His plan is the Republicans' plan. Republican
policymakers have spent years trying to undermine Social
Security by pushing to reduce benefits, to raise the retirement
age, and to cut payroll taxes that keep the program alive.
As we speak, Republicans in Congress are trying to force
through a fiscal commission that would fast-track cuts to
Social Security and Medicare. And, after moving to defund the
program in 2020, former President Trump vowed to look at cuts
if he were to win a second term.
Democrats want to expand Social Security benefits, and we
want to extend the program's solvency, so that Americans
everywhere can retire with dignity. Those are the solutions
that we should be working toward.
And with that, I think I am the last person to ask
questions. This committee, this hearing, is now adjourned.
[Whereupon, at 11:37 a.m., the hearing was concluded.]
A P P E N D I X
Additional Material Submitted for the Record
----------
Prepared Statement of Andrew G. Biggs, Nominated to be a Member of the
Social Security Advisory Board, Social Security Administration
Chairman Wyden, Ranking Member Crapo, and members of the committee,
thank you for the opportunity to appear before you today. I am honored
that President Biden has chosen to nominate me for the Social Security
Advisory Board, and I am grateful to Minority Leader McConnell for the
support he has shown to me throughout this process. I also wish to
thank both the majority and minority staff for their help in preparing
for my nomination and this hearing.
As you know, the Social Security Advisory Board provides
policymakers with material to inform both the efficient and effective
operations of the Social Security Administration, as well as to assist
Congress and the President in thinking about larger Social Security
policymaking, including how to maintain the solvency and effectiveness
of this crucial program.
The Board's assistance is particularly important today. The SSA
faces significant administrative challenges, such as reducing improper
payments and ensuring that recouping the improper payments that do
occur takes place in a humane and economically non-disruptive manner.
Likewise, the Social Security program as a whole faces an actuarial
deficit over the next 75 years, and its combined trust funds are
projected to be exhausted in 2034.
It is not the Board's mission to promote solutions to either
administrative or solvency challenges. Rather, the Board seeks to
facilitate a process by which both agency officials and elected
policymakers can make informed choices on behalf of the public.
I believe I am well positioned to contribute to the Board's work. I
served in the Social Security Administration from 2003 through 2008,
rising from Associate Commissioner for Retirement Policy, to Deputy
Commissioner for Policy, to the Deputy Commissioner of Social Security,
the second-ranking official in the agency. I also served as Secretary
to the Social Security Board of Trustees, as well as participating in
the staff-level working group that constructs the annual trustees
reports.
In addition, I have a long history of working on Social Security
policy and solvency, including in my current position as a senior
fellow at the American Enterprise Institute. I have published widely on
Social Security and retirement issues, ranging from academic articles
in peer-reviewed journals that have received hundreds of academic
citations to op-eds designed for policymakers and the general public.
I hold a bachelor's degree from the Queen's University of Belfast,
Northern Ireland; master's degrees from Cambridge University and the
University of London; and a Ph.D. from the London School of Economics.
It is important that the Advisory Board work in a collaborative and
bipartisan fashion, with no political agenda or ulterior motive. I
believe the Board currently operates in that manner, and that I have
the experience to continue that work.
Since 2016 I have served as a member of the Financial Oversight and
Management Board for Puerto Rico, which oversees the island's
bankruptcy and financial restructuring. I was initially appointed by
President Obama, then reappointed by President Trump. While the
Oversight Board is composed of a mix of Democratic and Republican
appointees, and while the Board has been forced to confront a large
number of extremely difficult issues, of the hundreds of decisions made
by the Oversight Board, only a very small number were not decided by
consensus.
And while Social Security is itself a highly contentious issue--the
so-called ``third rail'' of American politics--I have myself maintained
strong and friendly relationships even with analysts holding views
opposed to my own.
Thank you again, Mr. Chairman, Ranking Member Crapo, and members of
the committee, for the privilege of appearing before you today. I would
be pleased to respond to your questions and look forward to earning
your support today and in the future.
______
SENATE FINANCE COMMITTEE
STATEMENT OF INFORMATION REQUESTED
OF NOMINEE
A. BIOGRAPHICAL INFORMATION
1. Name (include any former names used): Andrew George Biggs.
2. Position to which nominated: Member, Social Security Advisory
Board.
3. Date of nomination: May 13, 2022.
4. Address (list current residence, office, and mailing addresses):
5. Date and place of birth: January 3, 1968, North Tarrytown, New
York (renamed Sleepy Hollow).
6. Marital status (include maiden name of wife or husband's name):
7. Names and ages of children:
8. Education (list all secondary and higher education institutions,
dates attended, degree received, and date degree granted):
2004-2008 M.Sc. Financial Economics, University of London.
1992-1995 Ph.D. Government, London School of Economics and
Political Science (formally, my doctorate is from the ``Faculty
of Economics, with specialization in political theory,'' but I
did most of my work in the government department and had I
completed my Ph.D. in the U.S. it would have been termed as
government or political science.)
1991-1992 M.Phil. Social and Political Theory, Cambridge
University.
1988-1990 B.A. Philosophy and Scholastic Philosophy (Honors),
Queen's University of Belfast.
1986-1988 Middlebury College.
9. Employment record (list all jobs held since college, including the
title or description of job, name of employer, location of work, and
dates of employment for each job):
2008-present Senior fellow, American Enterprise Institute.
2016-present Member, Financial Oversight and Management Board
for Puerto Rico. Appointed by President Obama, 2016;
reappointed by President Trump, 2020.
2007-2008 Principal Deputy Commissioner, Social Security
Administration.
2007 Deputy Commissioner for Policy, Social Security
Administration.
2005 Associate Director, White House National Economic
Council.
2003-2007 Associate Commissioner for Retirement Policy, Social
Security Administration.
1999-2003 Social Security analyst, Cato Institute.
2001 Staff Analyst, President's Commission to Strengthen
Social Security.
1998-1999 Director of Research, Congressional Institute.
1996-1998 Assistant Communications Director, House Committee
on Banking and Financial Services.
1990-1991 Legal assistant, law firm of Cravath, Swain, and
Moore.
10. Government experience (list any current and former advisory,
consultative, honorary, or other part-time service or positions with
Federal, State or local governments held since college, including
dates, other than those listed above):
2016-present Member, Financial Oversight and Management Board
for Puerto Rico.
2007-2008 Principal Deputy Commissioner, Social Security
Administration.
2007 Deputy Commissioner for Policy, Social Security
Administration.
2005 Associate Director, White House National Economic
Council.
2003-2007 Associate Commissioner for Retirement Policy, Social
Security Administration.
2001 Staff analyst, President's Commission to Strengthen
Social Security.
1996-1998 Assistant Communications Director, House Committee
on Banking and Financial Services.
Present: Budget Committee, City of Klamath Falls, Oregon
(unpaid).
Present: Audit Committee, City of Klamath Falls, Oregon
(unpaid).
Present: Elected Officials Compensation Committee, Klamath
County, Oregon (unpaid).
11. Business relationships (list all current and former positions held
as an officer, director, trustee, partner (e.g., limited partner, non-
voting, etc.), proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, other business enterprise, or
educational or other institution):
As a researcher, my affiliations with outside organizations
have generally been on a project basis rather than a permanent
affiliation. For instance, I have produced research for the
Center for Retirement Research at Boston College and the
Pension Research Council at the University of Pennsylvania. But
these are not formal, ongoing relationships. In September 2022
I will begin a 1-year policy fellowship with Stanford
University's Institute for Economic Policy Research.
Among the organizations for which I have performed ad hoc
compensated work in the past 5 years are:
Pew Charitable Trusts
East-West Institute
Show-Me Institute
Mercatus Center
National Affairs
Ethics and Public Policy Center
The Rockefeller Foundation at the State University of New
York
The RAND Corporation
George Mason University
The Yankee Institute for Public Policy
MITRE Corporation
The YG Policy Center
Gerson-Lehrman Group
Americans for Prosperity Foundation
Platte Institute for Economic Research
Templeton Foundation
Delaware Public Policy Institute
I am happy to discuss any of this work.
12. Memberships (list all current and former memberships, as well as
any current and former offices held in professional, fraternal,
scholarly, civic, business, charitable, and other organizations dating
back to college, including dates for these memberships and offices):
First Presbyterian Church, Klamath Falls, Oregon. 2012-present.
International Pension Research Association (IPRA).
American Economic Association.
13. Political affiliations and activities:
a. List all public offices for which you have been a candidate
dating back to the age of 18.
None.
b. List all memberships and offices held in and services
rendered to all political parties or election committees,
currently and during the last 10 years prior to the date of
your nomination.
I have attended several meetings of the Klamath County (Oregon)
Republican Party and was named a neighborhood captain (or something
along those lines), but have not had an active role.
Like many research analysts, I have consulted with various
candidates for political office regarding my areas of expertise. I have
never been compensated for such work and I have never worked
exclusively for a single candidate in a given election.
c. Itemize all political contributions to any individual,
campaign organization, political party, political action
committee, or similar entity of $50 or more for the past 10
years prior to the date of your nomination.
These are the only contributions I can find in the FEC donor
database:
John McCain 2008 Inc. VA 08/30/2008 $7.00.
John McCain 2008 Inc. VA 08/30/2008 $100.00.
Bush-Cheney 2004 Inc. 07/20/2004 $500.00.
I have made several contributions in Oregon local government
elections. I am not able to find details of these transactions, but I
believe these include donations to Donnie Boyd (Klamath County
Commissioner, I believe once for $500 and a second time for $1,000); to
Kelley Minty Morris (Klamath County Commissioner, I believe for around
$200); and to Dave Henslee, Klamath County Commissioner, $250). The
Klamath County Commissioners are nonpartisan offices.
14. Honors and awards (list all scholarships, fellowships, honorary
degrees, honorary society memberships, military medals, and any other
special recognitions for outstanding service or achievement received
since the age of 18):
Co-vice chair, Society of Actuaries Blue Ribbon Panel on
Underfunding in Public Pension Plans (2013-14).
Named by Institutional Investor Magazine as one of the 40 most
influential people in the retirement world (2014).
15. Published writings (list the titles, publishers, dates, and
hyperlinks (as applicable) of all books, articles, reports, blog posts,
or other published materials you have written):
After 2 decades in public policy these are too numerous to be
listed. However, I have tried below to make my written work
more accessible.
While employed at American Enterprise Institute: PDF with links
to all publications while at AEI can be downloaded from https:/
/drive.google.com/file/d/16M0CwJFi0sB80odfaZpolGXQVjSYWUSp/
view?usp=sharing.
My AEI page is updated regularly as new articles are published.
Social Security Administration: https://www.ssa.gov/policy/
authors/Biggs
AndrewG.html.
Cato Institute: List of publications with links available at:
https://www.cato.org
/people/andrew-biggs.
Google Scholar: Mostly academic studies, https://
scholar.google.com/
citations?hl=en&user=yL1J5QgAAAAJ&view_op=list_works
&sortby=pubdate.
16. Speeches (list all formal speeches and presentations (e.g., Power
Point) you have delivered during the past 5 years which are on topics
relevant to the position for which you have been nominated, including
dates):
It is rare for me to present a formal written speech, outside
of congressional testimony. In most cases I work from notes.
However, I have tried to gather material that may be helpful.
The following document has links (generally including video) to
all events in which I have participated at AEI: https://
docs.google.com/document/d/132ujddVfWjNI8pkBejR8iynk0BOHOC2H/
edit?usp=sharing&ouid=103717468
443627397338&rtpof=true&sd=true.
The following provides a list of recent non-AEI events at which
I have participated, which I believe to be reasonably
exhaustive. I am happy to discuss any of these events and to
search for video, notes, etc. of a particular event if there is
interest.
August 27, 2020. Ask the experts: State and local pension
reform. Video interview with Truth in Accounting.
August 18, 2020. Pandemic relief: Long-term care and
payroll taxes. Video interview with The Concord Coalition.
June 17, 2020. Interview on Social Security and COVID
downturn. Ric Edelman show.
June 12, 2020. COVID-19 takes State pensions for a ride,
``Cato Daily Podcast.''
March 8, 2020. YouTube interview on retirement savings
with Heritage Wealth Planning.
February 14, 2020. YouTube interview on retirement savings
with Heritage Wealth Planning.
January 9, 2020. 401(k) Fridays Podcast with Ruck Unser.
March 20, 2019. Event on paid parental leave held at
University of Michigan.
April 11, 2019. Presented at Investment Company Institute
conference on retirement savings.
April 29, 2019. Presented at Milken Institute annual
conference on retirement savings.
May 1, 2019. Presented paper at Pension Research Council
annual conference.
June 30, 2019. Speaker at Social Security Advisory Board
conference on microsimulation models of retirement savings.
November 7-8, 2018. Speeches in Missouri on public sector
pension reform. Along with speeches, met with Missouri Attorney
General on pensions.
November 2, 2018. Discussant at Brookings conference on
age discrimination and retirement.
October 9, 2018. General session presentation on
retirement savings adequacy to American Council of Life
Insurers annual conference.
September 26, 2018. Presentation on multiemployer pension
reform to House/Senate staff.
September 21, 2018. Spoke at public sector pensions
conference at Harvard Kennedy School.
August 2, 2018. Discussant at annual conference of the
Retirement Research Consortium, Washington DC.
June 21, 2018. Spoke at Heritage Foundation event on
reform in Puerto Rico.
February 2, 2018. Presentation to Mercatus Center
conference on Social Security policy and labor supply near
retirement. Arlington.
March 9, 2018 I Paper Presentation to RAND Corporation.
Teacher Pension Workshop: Connecting Evidence-Based Research to
Pension Reform. Santa Monica.
April 17, 2018. Presentation to NBER/SSA conference on
public sector pensions. Washington, DC.
April 30, 2018. General session presentation to Plan
Sponsor Council of America conference on the retirement crisis.
Phoenix.
October 19-20, 2018, presented paper at Harvard Kennedy
School conference: ``Gathering Storm: the Risks of Public
Pension Underfunding.''
The following document provides links to congressional
testimony I have delivered while employed at the American
Enterprise Institute: https://docs.google.
com/document/d/12i9aLF9qvPfn8mt_mKPlpupVeLv5V4P3/
edit?usp=sharing&
ouid=103717468443627397338&rtpof=true&sd=true.
17. Qualifications (state what, in your opinion, qualifies you to
serve in the position to which you have been nominated):
To serve on the Social Security Advisory Board optimally
demands knowledge both of the Social Security program, as it
affects America's retirees, disabled workers and survivors, as
well as of the Social Security Administration, the agency that
administers that program. In practice, these are often separate
fields of knowledge. Many individuals have a background in one
or the other, but I have been lucky enough to gain experience
in both. I have researched widely on Social Security as a
public policy issue and am generally regarded as one of the
leading Social Security and retirement analysts working in
Washington, DC. However, I also have worked in several
positions within the Social Security Administration and have
knowledge of how the program is administered. As Deputy
Commissioner of Social Security, I served as Secretary of the
Board of Trustees and participated in the staff-level working
group at which most of the substantive issues involved with the
trustees report were discussed and decided upon. I have
attended a number of Social Security Advisory Board meetings
and in the past been asked by the Advisory Board to present to
a Board conference on the use of microsimulation models in
analyzing Social Security benefits and retirement income
adequacy. I believe I can effectively contribute to the Board's
mission and collaborate with other Board members.
B. FUTURE EMPLOYMENT RELATIONSHIPS
1. Will you sever all connections (including participation in future
benefit arrangements) with your present employers, business firms,
associations, or organizations if you are confirmed by the Senate? If
not, provide details.
The position for which I am being considered does not require
me to sever all connections with my current employers or
associations. I will however be bound by ethics agreements made
with the Office of Government Ethics (OGE), and will sever any
current or future potential or actual conflicts of interest
that are identified by OGE.
2. Do you have any plans, commitments, or agreements to pursue
outside employment, with or without compensation, during your service
with the government? If so, provide details.
I will maintain my current positions at the American Enterprise
Institute and the Financial Oversight and Management Board for
Puerto Rico and will undertake other activities as I have in
the past, contingent on time available.
3. Has any person or entity made a commitment or agreement to employ
your services in any capacity after you leave government service? If
so, provide details.
No.
4. If you are confirmed by the Senate, do you expect to serve out
your full term or until the next presidential election, whichever is
applicable? If not, explain.
Yes.
C. POTENTIAL CONFLICTS OF INTEREST
1. Indicate any current and former investments, obligations,
liabilities, or other personal relationships, including spousal or
family employment, which could involve potential conflicts of interest
in the position to which you have been nominated.
None.
2. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years (prior to the
date of your nomination), whether for yourself, on behalf of a client,
or acting as an agent, that could in any way constitute or result in a
possible conflict of interest in the position to which you have been
nominated.
I am aware of no such potential conflicts.
3. Describe any activity during the past 10 years (prior to the date
of your nomination) in which you have engaged for the purpose of
directly or indirectly influencing the passage, defeat, or modification
of any legislation or affecting the administration and execution of law
or public policy. Activities performed as an employee of the Federal
Government need not be listed.
As an employee of a think tank, I regularly opine on the merits
or demerits of various proposals, including legislation.
However, I am not allowed to and thus do not lobby for or
against any legislation.
4. Explain how you will resolve any potential conflict of interest,
including any that are disclosed by your responses to the above items.
(Provide the committee with two copies of any trust or other
agreements.)
Not applicable.
5. Two copies of written opinions should be provided directly to the
committee by the designated agency ethics officer of the agency to
which you have been nominated and by the Office of Government Ethics
concerning potential conflicts of interest or any legal impediments to
your serving in this position.
Not applicable.
D. LEGAL AND OTHER MATTERS
1. Have you ever been the subject of a complaint or been
investigated, disciplined, or otherwise cited for a breach of ethics
for unprofessional conduct before any court, administrative agency
(e.g., an Inspector General's office), professional association,
disciplinary committee, or other ethics enforcement entity at any time?
Have you ever been interviewed regarding your own conduct as part of
any such inquiry or investigation? If so, provide details, regardless
of the outcome.
No.
2. Have you ever been investigated, arrested, charged, or held by any
Federal, State, or other law enforcement authority for a violation of
any Federal, State, county, or municipal law, regulation, or ordinance,
other than a minor traffic offense? Have you ever been interviewed
regarding your own conduct as part of any such inquiry or
investigation? If so, provide details.
No.
3. Have you ever been involved as a party in interest in any
administrative agency proceeding or civil litigation? If so, provide
details.
No.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, provide details.
No.
5. Please advise the committee of any additional information,
favorable or unfavorable, which you feel should be considered in
connection with your nomination.
I have a strong research background on the Social Security
program and related retirement issues, and have a number of
years experience working at the Social Security Administration.
I believe I could help the Social Security Advisory Board in
its mission to provide advice to the presidential
administration, Congress, and the Social Security
Administration regarding ways for Social Security to continue
to provide economic security to covered workers and their
families.
E. TESTIFYING BEFORE CONGRESS
1. If you are confirmed by the Senate, are you willing to appear and
testify before any duly constituted committee of the Congress on such
occasions as you may be reasonably requested to do so?
Yes.
2. If you are confirmed by the Senate, are you willing to provide
such information as is requested by such committees?
Yes.
______
Questions Submitted for the Record to Andrew G. Biggs
Questions Submitted by Hon. Bill Cassidy
ssa operational concerns
Question. Thanks to each of you for choosing to serve the American
people, and for your willingness to help us better understand what is
going on at SSA. You all have deep, distinguished, and unique policy
backgrounds that will greatly benefit the Board's work.
My first question to you, however, is not focused on policy. In
fact, what many of us need here in Congress is a better operational
understanding of what is going on at SSA. There are many think tanks,
research organizations, and other groups that already do a good job
informing us on SSA policy matters. In general, what we need from the
SSAB is reports and recommendations on important operational matters,
including: initial disability claims backlog; field office and 800
number wait times; overpayments; electronic systems modernization;
outdated dictionary of occupational titles; poor employee morale--
lowest in the entire Federal Government; and lack of performance
metrics provided to Congress by SSA.
With this in mind, can you describe how your background can help
Congress better understand the current serious operational issues
facing SSA?
Answer. During my time at the Social Security Administration from
2003 to 2008, I sometimes spoke of a distinction between ``big P
policy'' and ``small P policy,'' where the former refers to the sorts
of decisions that Congress must make to ensure solvency--raise taxes,
increase the retirement age, reduce benefits and so forth--while the
latter refers to operational policies and regulations that ensure that
the SSA can provide speedy and accurate service to the public. Most
people are, at most, familiar with one or the other: that is, most
policy analysts are concerned with ``big P policy'' while most
employees of the SSA focus on ``small P policy.'' Having worked both
inside and outside of the agency I am familiar with the agency's
challenges and concerns regarding issues such as reducing disability
hearing waiting times and improper benefit payments. While it obviously
has been a number of years since I worked at the SSA, I have sufficient
familiarity with these operational challenges to help the Advisory
Board in contributing to overcome them.
Question. I am particularly concerned with the lack of performance
metrics provided to Congress by SSA. Agency leadership regularly come
to the Hill to ask for more funding, justifying this by providing only
output data. This reminds me of the signs you used to see in front of a
McDonalds: ``Millions and Millions Served.'' Millions may have eaten
there, but was the food acceptable?
How can the SSAB help Congress access and understand historical
performance data from SSA? For example, how can we find out the ``cost
per retirement claim'' over, let's say, the last 20 years?
Answer. The SSA maintains performance and productivity statistics
at the component level to assist in tracking and managing operations.
However, these figures are often not easily accessible and, in any
case, may not be understandable to policymakers.
It is possible to generate a very rough measure of the cost of
processing claims, by dividing administrative costs by function--
meaning, either the Old-Age and Survivors (OASI) program or the
Disability Insurance (DI) program by the number of benefit claims
awarded. These figures are, to be very clear, approximate. They look at
the number of benefit claims awarded, not the number of claims made.
Moreover, they implicitly assume that the SSA does nothing other than
process claims, when in fact it does carry out other functions.
Nevertheless, these figures may be helpful. Measured in inflation-
adjusted dollars, the per-claim cost for the OASI program declined from
$1,571 in 1975 to $839 in 2022. While there were small variations from
year to year, the decline in per-claim costs was more or less
continuous, likely reflecting improvements in technology applied to
retirement and survivors claims processing, such as replacing paper-
and-pencil processing with computers and, later, online processes.
On the other hand, the per-claim cost for the DI program increased
from $1,132 to $3,842 between 1975 and 2022. While the DI program has
been able to utilize technology, it also has been forced to address the
increasing complexity of disability claims, some of which stems from
legislation, regulation or judicial decisions regarding the DI program.
Contrasting falling OASI claims costs with rising DI claims costs
may be informative to Congress and the executive branch in considering
steps that might streamline the DI application and consideration
process in ways that reduce costs for the SSA and waiting times for
applicants, while maintain the fairness and effectiveness of the
agency's ultimate decisions.
Question. As part of prepping for a hearing, like every one of my
colleagues here, I asked my staff to speak with SSA policy leaders,
researchers, and past senior staff at the agency. In this case, we
asked them their thoughts on how useful the SSAB has been to the
agency, to Congress and the administration, and the American people.
The responses we received were decidedly mixed. Some wonder if the SSAB
should even exist in its current structure, or if its structure is even
constitutional in light of recent court decisions.
As part of my work on this committee, my staff and I have
interacted extensively with MedPAC, the Medicare Payment Advisory
Commission. It is supposed to serve a somewhat similar role to the
SSAB, to advise Congress on issues related to the Medicare program, and
its work has been very useful to many of us on this committee and
across Congress. The resources given to MedPAC, are similar to that
given to the SSAB, yet SSAB does not seem to have been as useful to
Congress and the American people.
How can the SSAB better serve its primary customers: Congress, the
administration, SSA, and the American people? Should we look at
reforming the structure of the SSAB? If so, what would you recommend?
Answer. Prior to serving on the Board, I cannot provide informed
comment on whether a restructuring would improve the Board's
capabilities. I would note that MedPAC takes on a more assertive role
in making policy recommendations than does the Social Security Advisory
Board, which has often limited itself to provide information that might
guide policymakers' decisions. The Board could take on a more active
role similar to MedPAC, but at the cost of at times potentially drawing
itself into controversies over policy. If the Board were to adopt such
an approach, it is my view that such a change should occur only with a
consensus of the Board and with the leadership of the main committees,
including the Senate Finance Committee, that the Board's work product
is designed to assist.
solvency--ssab role
Question. As I noted in my previous question, there are many other
outside groups that provide great advice to Congress on issues related
to Social Security solvency issues. On top of that, SSA's own research
divisions and the SSA Actuary provide great data and research to
Congress. So I am wondering where the SSAB fits into this?
In the testimony that you submitted to this committee, you stated
that:
It is not the Board's mission to promote solutions to either
administrative or solvency challenges. Rather, the Board seeks
to facilitate a process by which both agency officials and
elected policymakers can make informed choices on behalf of the
public.
You have provided advice and research to Congress on solvency
matters for many years, including to my staff, as part of your work in
your day job at AEI. Do you believe the role the SSAB plays here is
duplicative or complementary to the work of these other groups? Is this
work more important than helping Congress understand field office wait
time problems, or learning about why the disability claims backlog is
ballooning?
Answer. In general the Advisory Board's work is complementary to my
own work as a senior fellow at the American Enterprise Institute. In
part this is because the Board gives greater focus on operational
concerns at the Social Security Administration while my own work tends
to focus more on policy changes that Congress might make to structure
Social Security to be more effective as social insurance and, of
course, to remain solvent for future generations.
And, I would emphasize, in my work at the American Enterprise
Institute I speak for no one but myself. AEI holds no institutional
views, and it welcomes the fact that AEI scholars often disagree with
one another. By contrast, the Advisory Board works as a group and seeks
consensus between members who, by design, have a range of viewpoints
and expertise. I anticipate that the overlap between my work at AEI and
the Advisory Board would be far smaller than one might at first glance
suspect.
______
Questions Submitted by Hon. Chuck Grassley
Question. One of the responsibilities of the Social Security
Advisory Board is to make recommendations to the President and Congress
regarding policies that will ensure the solvency of the Social Security
trust funds. As you likely know, the Congressional Budget Office
estimates that the Social Security trust funds will become insolvent in
2033. It is vital that Congress take action to extend the solvency of
Social Security to protect our seniors hard-earned benefits.
As a member of the Social Security Advisory Board, how would you
help advise Congress as we act to ensure the solvency of Social
Security?
Answer. The Advisory Board in general assists Congress, the
executive branch, and other policymakers by providing information that
may inform their choices. For instance, the Board has convened panels
to analyze the reasonableness of the trustees' projections for Social
Security's finances, as well as other publications that outline various
options to restore long-term solvency.
However, the Advisory Board has not advocated for specific
policies, nor do I anticipate that it would do so in the future. Doing
so could undermine the consensus-based bipartisan work that the Board
was established to conduct.
Question. Aside from the impending Social Security shortfall, what
do you believe to be a major challenge facing Social Security, and what
should Congress or the President do to address it?
Answer. The Social Security Administration seeks to pay benefits
promptly and accurately. It is sometimes said internally that the
agency's credo is ``the right benefit to the right person at the right
time.''
In two specific areas, however, SSA has encountered difficulties.
These difficulties may need to be overcome with both internal policy
changes undertaken by agency management, including the new Commissioner
of Social Security, and potentially may involve regulations enacted by
the executive branch and legislation passed by Congress.
The first challenge involves giving Americans the right benefit.
For most retirement claims this is less difficult. However, Social
Security Disability Insurance benefits and Supplemental Security Income
benefits can be reduced or discontinued based upon the outside income
or assets to which the beneficiary has access. As we discussed in the
hearing, the receipt of additional income can result in overpayments,
which the SSA then seeks to recoup. If these overpayments are large or
continue undetected for a long period these benefit adjustments can be
substantial and may cause hardship to beneficiaries.
Now, much of the problem is not SSA's fault. Beneficiaries are
required by law to report additional income to SSA, yet many fail to do
so. When that income is later discovered by other means this can result
in the conclusion that an overpayment took place. SSA may need to do a
better job of educating beneficiaries about their legal
responsibilities, but beneficiaries nevertheless should report their
income as required.
However, SSA could reduce problems with overpayments by relying
more upon administrative data, which flows directly from payroll
providers, the Internal Revenue Service, State workers' compensation
agencies and other sources. These data can be often be complied
quickly, are more accurate than individual reports and, because they
are transmitted electronically, involve less cause and potential for
inputting errors than reports compiled manually by SSA staff. This is a
pressing issue that has remained unaddressed for too long.
Second, many applicants for Disability Insurance benefits are
waiting too long to have their cases decided. It typically takes 3 to 5
months to receive an initial decision regarding a DI application. But
for rejected applicants who wish to appeal the decision wait times for
a reconsideration hearing in 2022 reached an average of 183 days, or
over 6 months. For context, in Canada disability decisions are
generally reached within 4 months. In the United Kingdom, the average
time to decision is 5 months.
The SSA has long sought to streamline the application process while
ensuring that each applicant is treated fairly using uniform standards
for approval. Efforts to speed up the process are multifaceted. But
Congress may wish to consider potential changes to streamline the
process.
The Advisory Board has published research and held events on the
Social Security Disability Insurance decision-making process in the
past and will surely continue that work in the future.
Question. During the hearing, Democrats mischaracterized your past
work in an attempt to demonize you as a supporter of slashing Social
Security benefits. First, if there are any statements about your work
that you did not get the opportunity to respond to during the hearing
that you would like to clarify, please do so here. Secondly, please
explain why simply taxing the rich is not a real solution to addressing
Social Security solvency.
Answer. During the hearing, Senator Brown read a portion of a
transcript of a 2013 hearing, in which I responded to a question from
Senator Isakson. The quoted section of my response is as follows:
``Go back to 1950, when we had a highly industrialized economy.
You had coal miners, and farmers, and factory workers. The
average age of initial Social Security claiming then was 68.
Today, when your biggest on the job risk is, you know, carpal
tunnel syndrome from your mouse or something like that, it's
63. . . . [T]he idea that we can't have a higher retirement
age, I think it just flies in the face of the fact that people
did, in fact, retire later in the past, and today's jobs are
less physically demanding than they were in the past,'' adding
that raising the retirement age is ``something people should be
open to.''
However, the immediate following line of the transcript read, ``In
a proposal I did for AEI a few months ago, I did not propose raising
the retirement age.'' I also reiterated in that same paragraph that
raising the retirement age ``is not something I say has to happen.''\1\
Since that hearing, over a decade ago, I still have not advocated for
increasing the retirement age. It is unfair to my own years of
experience on the issue to mischaracterize my views in such a way.
---------------------------------------------------------------------------
\1\ See https://www.congress.gov/event/113th-congress/senate-event/
LC23308/text.
In fact, I have been quoted in The New York Times stating that
raising the retirement age in response to average increases in
---------------------------------------------------------------------------
longevity ignores the fact that such increases have been uneven.
``You're essentially punishing low-income people for a problem
they didn't cause,'' said Andrew Biggs, a retirement policy
expert at the conservative American Enterprise Institute.\2\
---------------------------------------------------------------------------
\2\ See Barro, Josh. ``We're Living Longer. That's Great, Except
for Social Security.'' The New York Times. Nov. 17, 2015. https://
www.nytimes.com/2015/11/17/upshot/were-living-longer-thats-great-
except-for-social-security.html?_r=0.
The selective quotation of my work, relying upon an edited oral
response to a hearing question from more than a decade ago, leaves
---------------------------------------------------------------------------
these facts out.
Nevertheless, I stated that increasing the retirement age is not an
unreasonable component to include as part of a Social Security reform
package.
For one thing, an increase in the retirement age would be just one
component of a larger Social Security reform. For instance, Social
Security's actuaries project that raising the retirement age by 2
years, from 67 to 69, would address just 18 percent--less than one-
fifth--of Social Security's long-term funding gap.\3\ Other steps must
necessarily be taken and these steps can be structured in such a way
that the package as a whole is progressive and protects low-income
retirees.
---------------------------------------------------------------------------
\3\ See https://www.ssa.gov/OACT/solvency/provisions/charts/
chart_run136.html.
For instance, a reform might increase the normal retirement age by,
say, 2 years, while raising benefits for low earners by 13 percent.
This reform would still present incentives to delay retirement, in that
the ``target retirement age'' would be seen to increase. But low
---------------------------------------------------------------------------
earners would be protected even if they did not retire later.
Question. You have worked on Social Security from a variety of
positions, ranging from time in the White House, to serving as the
Principal Deputy Commissioner of the Social Security Administration,
and now studying Social Security reform at the American Enterprise
Institute. Based on your experience in these positions, please explain
how you think Social Security can best be improved?
Answer. I would note explicitly that the Social Security Advisory
Board does not advocate for specific policy reforms and that I would
not do so in my role as a Board member were I to be confirmed.
However, I have elsewhere argued for gradually transitioning Social
Security, over the course of decades, to more closely reflect the
retirement systems in the United Kingdom, Australia, Canada, and New
Zealand.\4\ While these countries' retirement systems are not
identical, they tend to focus resources more closely on preventing
poverty in old age and less upon paying high benefits to middle- and
upper-income workers. The maximum Social Security benefits, which for a
couple retiring at age 67 in 2024 will exceed $96,000 per year, is two
to three times higher than the maximum benefits paid in these countries
that otherwise are similar to our own. For instance, were that same
high-income couple to retire this year in the United Kingdom, they
would receive just $30,000 in annual benefits. High earners respond by
saving more on their own.
---------------------------------------------------------------------------
\4\ Andrew G. Biggs, ``Rethinking Social Security in the Face of
Economic Threats,'' in American Renewal: A Conservative Plan to
Strengthen the Social Contract and Save the Country's Finances, ed.
Paul Ryan and Angela Rachidi (Washington, DC: American Enterprise
Institute, 2022).
Focusing resources more tightly on the lowest-income seniors can
provide better poverty protections than Social Security offers.
Australia, for instance, guarantees against poverty in old age--which
the combination of Social Security and Supplemental Security Income
does not--while spending roughly half as much on their Old-Age program
---------------------------------------------------------------------------
as does the United States.
Focusing benefits more closely on the poor may provide fiscal
breathing room to address other, larger challenges such as Medicare,
which are significantly more complex.
______
Questions Submitted by Hon. Tim Scott
Question. One area I'm hoping you can commit to focusing on is the
Social Security Administration's electronic consent-based SSN
verification system, also known as the eCBSV. By enacting my Preventing
Children From Identity Theft Act, Congress directed the SSA to build
this system so synthetic identity fraud could be detected and prevented
in real time. Criminals create a synthetic identity by combining SSNs,
names, and dates of birth of multiple people (or fabricating some of
that information). A criminal uses this identity to apply for credit,
slowly building a credit profile over time, and finally, obtaining a
large amount of credit, with no intent to repay. Victims are usually
children, as most parents are not checking their child's credit report
and their SSNs are rarely used until their late teens. We understand
synthetic identity fraud is the fastest growing type of financial crime
in the U.S. As the only true owner of SSN information, SSA is integral
to stopping this fraud. The eCBSV system allows financial institutions
and their service providers to submit a name, SSN, and date of birth to
the SSA to see if it is a match or no match to SSA's records. A no
match may be a case of synthetic identity fraud. While the system is
now up and running, I am concerned about reported cost overruns and
SSA's overly aggressive timeline to recover these costs.
Will you commit to working with your fellow Board members to help
ensure that the SSA's eCBSV is as successful and as cost-efficient as
possible?
Answer. Synthetic identity theft involves creating a false identity
using names, Social Security numbers, and birthdates from various
different people. Synthetic identity theft is particularly difficult to
detect because it typically afflicts children, who otherwise do not
interact with financial markets or their credit reports. In the
process, it can potentially damage their ability to access credit as
they enter adulthood, hurting their ability to use educational, auto or
home loans. eCBSV allows permitted entities to verify if an
individual's SSN, name, and date of birth combination matches Social
Security records. As a member of the Board I would be happy to use the
Board's resources to assist in this important mission.
Question. Social Security is a vital pillar of the American
retirement system. Retirement and disability benefits represent
approximately 30 percent of total income for the median beneficiary
household headed by someone age 65 or over; for more than 1 in 10 of
such households, Social Security provides at least 90 percent of
income. But the program faces a major financial challenge. Benefits
paid out by Social Security are set to far exceed its income from the
payroll tax and other sources. Without action by Congress,
beneficiaries will face a 23-percent benefit cut in 2033--just 10 years
from now--as the program's primary trust fund runs dry. Such an outcome
would have severe consequences. Addressing this issue is within our
realm, but we require an Advisory Board that is ready to collaborate
with us in Congress to develop and improve solutions.
Can you share your view on this issue and what are some solutions
that you think Congress should look at in addressing this issue?
Answer. I will start by focusing on the statistics, produced by the
SSA, that Social Security benefits constitute 30 percent of the total
incomes of Americans 65 and over, with 1 in 10 households receiving 90
percent or more of their income from the program. In 2003, the year I
began work at the SSA, the agency published a figure stating that
Social Security benefits made up 39 percent of incomes of Americans 65
and over, and that one-third of seniors received 90 percent or more of
their income from Social Security.\5\ These figures have changed
dramatically over time. What happened?
---------------------------------------------------------------------------
\5\ See https://www.ssa.gov/policy/docs/chartbooks/fast_facts/2003/
fast_facts03.html#aged
pop.
During the time I worked in SSA's Office of Policy, SSA career
staff produced research demonstrating that the household survey data
used to produce datapoints such at the 30 percent figure published in
2003 were faulty, as those data failed to fully account for the income
that seniors received from private retirement plans such as pensions
and retirement accounts. In 2012 I published an article in The Wall
Street Journal showing that the data used by the SSA ignored fully 60
percent of the benefits seniors receive from private retirement plans,
thereby overstating those seniors' dependence on Social Security.\6\
Subsequent work by the SSA, the Census Bureau and others confirmed
those claims, and today the SSA is using more accurate data.
Understanding the strengths and weaknesses of data is essential in
presenting figures that are informative to policymakers who must make
important decisions regarding the Social Security program. I believe I
can be helpful in that regard.
---------------------------------------------------------------------------
\6\ See Sylvester J. Schieber and Andrew G. Biggs, ``Retirees
Aren't Headed for the Poor House,'' Wall Street Journal (2014).
The Advisory Board does not advocate for specific Social Security
reforms or even a general direction of reform. However, simply
providing policymakers and the public with accurate data can be useful.
For instance, just as SSA's previous data overstated seniors'
dependence on Social Security benefits, accurate data show that middle-
and higher-income retirees are better off than ever. According to the
OECD, for instance, the median U.S. senior has the second highest
disposable income in the world, behind only Luxembourg. High-income
U.S. seniors are better off yet. While Social Security's insolvency
would trigger a 23 percent across-the-board benefit reduction, to new
and existing beneficiaries alike, policymakers have available to them
many other options that can tailor the Social Security program to be
both more financially sustainable and more effective in achieving its
goals. A first step, however, is accessing the best and most accurate
---------------------------------------------------------------------------
data available.
Question. Given the critical role of Social Security and the
imminent financial challenge it faces, could you share your perspective
on the potential impact of a 23-percent benefit cut in 2033?
Answer. I have written in many places that I do not believe that
the United States faces a ``retirement crisis'' of inadequate incomes
and savings in old age. More Americans are saving more for retirement
than ever before, and seniors' incomes are at record highs while
poverty in old age has declined significantly even over recent
years.\7\ While not perfect, the U.S. retirement system that combines
Social Security with personal savings is working well for most
Americans.
---------------------------------------------------------------------------
\7\ See Adam Bee and Joshua Mitchell, ``Do older Americans have
more income than we think?'' (paper presented at the Proceedings,
Annual Conference on Taxation and Minutes of the Annual Meeting of the
National Tax Association, 2017).
However, a 23-percent across-the-board benefit reduction triggered
by Social Security's insolvency would change all that, and truly would
result in a retirement crisis for many seniors. While certain higher-
income retirees could survive such a cut to their benefits, even for
middle-class seniors a sudden 23-percent reduction to their benefits,
with further reductions to follow in subsequent years, would be
---------------------------------------------------------------------------
crippling.
The best time to address Social Security's long-term funding gap
would have been in 1984, when the current funding shortfall first began
to emerge. The next best time to address Social Security solvency would
have been in any of the 40 years since then. But the next best time to
fix Social Security's $20-trillion-plus funding shortfall is today. The
Social Security Advisory Board published a guide to reform options
titled ``Social Security: Why Action Should Be Taken Soon.''\8\ That
report was published in 1998. Had Congress acted then, seniors and
other Social Security beneficiaries would face less uncertainty today.
---------------------------------------------------------------------------
\8\ See https://www.ssab.gov/research/social-security-why-action-
should-be-taken-soon-2/.
Question. Separate from Social Security's Old-Age and Disability
Insurance programs, SSA also administers the Supplemental Security
Income program, which provides crucial monthly assistance to nearly 8
million older adults, and people with disabilities who have little or
no earnings. SSI beneficiaries--40 percent of whom live in poverty with
these benefits--are allowed to have assets of up to $2,000, or $3,000
---------------------------------------------------------------------------
for a couple. These asset limits penalize marriage, work, and saving.
In light of the issues related to asset limits affecting marriage,
work, and savings for SSI beneficiaries, could you provide insights for
potential reforms or enhancements that might alleviate these challenges
and improve the program's effectiveness in assisting individuals with
limited or no earnings?
Answer. Unlike Social Security's Old-Age or Disability Insurance
benefits, which are ``earned benefits'' based upon work and
contributions, the Supplemental Security Income program is a means-
tested need-based program that pays benefits to the disabled, the
blind, and to elderly individuals with low resources, meaning both low
levels of income and assets.
Any means-tested program imposes an ``implicit tax'' on the means
which are tested. If a means-tested program tests against income, then
rising income reduces benefits; if it tests against assets, then
savings similarly reduce benefits. There is no way around that fact.
However, income and asset tests also should be set at reasonable
thresholds. As I wrote in a 2020 Forbes article, I support efforts
spearheaded by Senator Sherrod Brown, a member of the Finance
Committee, to increase the SSI asset limits.\9\ These limits have been
adjusted just once since the introduction of the SSI program in 1972,
and even that adjustment in 1989 did not fully account for the effects
of inflation.
---------------------------------------------------------------------------
\9\ See Biggs, Andrew G. ``Bipartisan Cooperation to Battle
Poverty.'' Forbes. June 10, 2022. https://www.forbes.com/sites/
andrewbiggs/2022/06/10/bipartisan-cooperation-to-battle-poverty/
?sh=11dafbc84a4e.
Even such adjustments would not change the fact the SSI
beneficiaries will remain quite poor. But they would provide some
breathing space so that beneficiaries need not worry so much that an
---------------------------------------------------------------------------
addition of savings would disqualify them for benefits.
______
Questions Submitted by Hon. Todd Young
Question. Can you please discuss what you understand the role of
the Social Security Advisory Board to be in regards to the ongoing
congressional conversation surrounding the solvency of the Old-Age and
Survivors Insurance trust fund?
Answer. The Board does not advocate for particular steps to restore
Social Security's long-term solvency. Indeed, because the Board
explicitly must be bipartisan, one can assume that in general the Board
will by design contain a diversity of views. And so, the Board tends to
confine itself to providing broad information that would be useful to
any policymaker, but is careful not to be seen as taking sides in what
is an important but often contentious debate.
Question. In the advisory role the SSAB plays, how do you intend to
engage with members of Congress and their staff regarding solvency
discussions?
Answer. I am not aware that SSAB members have engaged in
discussions with Congress regarding solvency matters. In general, it
appears that the Board produces written material and public events
designed to inform policymakers regarding all areas of Social Security
policy, including solvency, but that this is generally the limit of
such interactions.
Question. Understanding that if confirmed, part of your role as a
member of the SSAB would be making recommendations to Congress and the
President on policies related to Social Security, what are your views
on raising the retirement age?
Answer. I have not advocated for increasing the retirement age,
because I believe that other reforms could restore Social Security's
solvency without such a step.\10\
---------------------------------------------------------------------------
\10\ See Biggs, ``Rethinking Social Security in the Face of
Economic Threats.''
______
Prepared Statement of Hon. Mike Crapo,
a U.S. Senator From Idaho
Thank you, Mr. Chairman, and welcome to our four nominees: Ms.
Tellez, Mr. Biggs, Ms. Lang, and Ms. Lewis. Congratulations on your
nominations, and thank you all for your willingness to serve.
Today, we will first hear from Corey Anne Tellez, who is nominated
to serve as Assistant Secretary for Legislative Affairs at the Treasury
Department. This position is responsible for advising the Treasury
Secretary on congressional relations, helping to formulate policy and
shape the Department's direction.
Ms. Tellez, given your experience, you are no doubt aware of how
important it is for the executive branch to cooperate and work closely
with Congress, particularly the committees with direct oversight of the
Treasury.
While I do not expect the Treasury Secretary and members of
Congress to always align on policy, I do expect the Treasury
Secretary--and the broader Treasury Department--to be transparent and
accountable to all members of this committee. That means providing
accurate, thorough, and timely responses to questions and letters from
members, an area in which there remains much work to be done--
particularly on timeliness.
If confirmed, it is essential that such communication improve at
Treasury in order to facilitate greater policy understanding and better
represent the American people we serve.
Moving to the other three nominees under consideration today: Mr.
Biggs, Ms. Lang, and Ms. Lewis, who have been nominated to be members
of the Social Security Advisory Board. These are important positions,
particularly given the operational challenges facing the Social
Security Administration (SSA) and the long-term financing challenges
facing the Social Security system.
Congress established the Social Security Advisory Board to advise
the President, Congress, and the Commissioner of Social Security on
issues related to Social Security, Supplemental Security Income, and
the SSA's service to the public.
The Board is comprised of seven members. Four members are appointed
by Congress--two from each political party--and the remaining three
members are nominated by the President and confirmed by the Senate. No
more than two of the President's nominees may be from the same
political party.
The three Social Security Advisory Board nominees before us today
have strong qualifications, bring different perspectives and areas of
expertise, and will need to move through the confirmation process
together.
If confirmed, I expect a commitment from the nominees to continue
the Board's general practice of operating by consensus and producing
reports on a bipartisan basis.
I look forward to hearing the nominees' testimony and their
responses to questions.
______
Prepared Statement of Hon. Richard J. Durbin,
a U.S. Senator From Illinois
Mr. Chairman, I speak on the floor of the Senate and in committee
meetings several times each week. But it is not often that I get to use
my time to sing the praises of one of my staffers. It is my privilege
to introduce Corey Tellez. She is as good as they come.
Corey was part of my team for more than 11 years. She was my
Economic Policy Advisor, and then my Legislative Director, and
eventually she became my Deputy Chief of Staff. I have no doubt she
would have taken my job if she stayed in my office long enough. That is
how good she is.
Part manager and part magician, Corey had a gift for turning big
ideas into legislation. And more importantly, she had special talent
for leading people. While on my staff, there was not a challenge Corey
did not approach with grace, a staffer whose potential she did not
nurture, or a bill she did not improve to better benefit working
families.
Just as every great leader ought to be, Corey is Illinois through
and through. She was raised in Illinois by a single mother, earning a
degree in political science and history from the University of Illinois
Urbana-Champaign and a law degree from the University of Illinois
College of Law.
Before working for my team, Corey began her career in the House of
Representatives, serving in the office of Congressman Henry Cuellar of
Texas. She also worked as a Legislative Assistant to Congresswoman
Carolyn McCarthy of New York and the Deputy Chief of Staff and Counsel
to Congresswoman Debbie Halverson of Illinois.
In 2022, after being on my team for more than a decade, Corey left
the Senate for her next opportunity: working in the Treasury
Department's congressional relations office. With nearly 2 decades
working on the Hill under her belt, it is safe to say that Corey was
well-qualified to serve in such a role, just as she is her next one. In
going to Treasury, Corey was able to return to a field she loves--
financial policy--while making use of her hard-earned knowledge of
Capitol Hill.
I have the utmost confidence that Corey will be just as successful
in her role as Assistant Secretary for Legislative Affairs at the
Treasury Department as she was in the Senate. Every team should be so
lucky as to have a Corey Tellez on their staff.
Corey, thank you for all you gave to my office. It is a privilege
to watch you flourish, and an honor to have the Senate confirm one of
my own. Not every Senator gets to speak on behalf of one of their
staffers and say, ``I knew her when.'' But I knew you when!
Congratulations to you, your partner Mike, and your little girl
Elliot. I know you make them proud. I wish you luck in your new,
exciting role. Treasury, and this Nation, are lucky to have you.
______
Prepared Statement of Kathryn Rose Lang, Nominated to be a Member of
the Social Security Advisory Board, Social Security Administration
Chairman Wyden, Ranking Member Crapo, and Senators of the Finance
Committee, it is a great honor to appear before you today as a nominee
to be a member of the Social Security Advisory Board. I want to thank
President Biden for nominating me for this position. I greatly
appreciate this committee holding this hearing on my nomination and the
nominations of Mr. Biggs and Ms. Lewis.
In my 25 years as an attorney, I have been an advocate for low-
income older adults and people with disabilities in a variety of
settings, with a focus on public benefits. Over the past decade, I have
become a nationally recognized expert on the benefit programs of the
Social Security Administration, in particular the Supplemental Security
Income (SSI) program and Social Security benefits for low-income older
adults.
Over 7 million older adults live in poverty in the United States
today. As director of Federal income security at Justice in Aging, I am
part of a team working to ensure older adults in this country have
access to the resources they need. We train advocates and keep them
informed of the most current rules and policies at the Social Security
Administration, to ensure that all who qualify can access the benefits
they need. We provide materials, trainings, and other information to
help advocates navigate the complex rules and restrictions with their
clients and stay informed about changes to or systemic problems with
SSA benefit programs.
I have had the opportunity to present to the Social Security
Advisory Board in the past on some of my areas of expertise, including
the representative payee program and streamlining the administration of
SSI benefits. I also bring extensive knowledge about other areas
involving SSA benefits, such as post-eligibility issues like
overpayments and the SSI in-kind support and maintenance rules. I look
forward to this opportunity for public service as a member of the
Social Security Advisory Board.
Before I conclude, I would like to take this opportunity to thank
my husband David Glenn, my daughter, my parents Frank and Pauline Lang,
and members of my extended family, for all of their support over the
years.
Again, I appreciate the committee for holding this hearing today. I
would be pleased to answer any questions that you may have for me.
______
SENATE FINANCE COMMITTEE
STATEMENT OF INFORMATION REQUESTED
OF NOMINEE
A. BIOGRAPHICAL INFORMATION
1. Name (include any former names used): Kathryn Rose Lang.
2. Position to which nominated: Member, Social Security Advisory
Board.
3. Date of nomination: January 23, 2023.
4. Address (list current residence, office, and mailing addresses):
5. Date and place of birth: December 30, 1969, Morristown, NJ.
6. Marital status (include maiden name of wife or husband's name):
7. Names and ages of children:
8. Education (list all secondary and higher education institutions,
dates attended, degree received, and date degree granted):
Academy of Saint Elizabeth, Morristown, NJ.
September 1983-May 1987.
High school diploma, June 1987.
Oberlin College, Oberlin, OH.
August 1987-May 1991.
Bachelor of Arts, May 1991.
University of Pennsylvania Graduate School of Education,
Philadelphia, PA.
August 1991-May 1993.
Masters of Education, May 1993.
Fordham University School of Law, New York, NY.
August 1996-May 1999.
Juris Doctorate, May 1999.
9. Employment record (list all jobs held since college, including the
title or description of job, name of employer, location of work, and
dates of employment for each job):
Oberlin College Conference Services, Oberlin, OH.
Staff member, summer 1991.
Set up and cleaned dorm rooms for groups attending camps and
conferences.
Kelly Services, Madison, NJ.
Temporary office worker, summer 1992 and 1993.
Placed in various businesses as secretary or administrative
assistant on temporary basis.
University of Pennsylvania Tutoring Center, Philadelphia, PA.
Administrative Assistant, September 1991-May 1993.
Entered data into payment system for work performed by tutors.
University of Pennsylvania Graduate School of Education,
Philadelphia, PA.
Administrative Assistant, September 1991-May 1992.
Answered phones and staffed front desk for Educational
Linguistics Division.
University of Pennsylvania Graduate School of Education,
Philadelphia, PA.
Research assistant, September 1992-May 1993.
Assisted Professor Rebecca Freeman by conducting research
assignments.
Kean University, Union, NJ.
Adjunct Instructor, September 1993-May 1994.
Instructed students in the English as a Second Language (ESL)
program.
Union County College, Elizabeth, NJ.
Adjunct Instructor, September 1993-May 1994.
Instructed students in the English as a Second Language (ESL)
program.
National Coalition Against Censorship, New York, NY.
Administrative Assistant, July 1994-July 1996.
Assisted with the day-to-day operations of national non-profit
organization advocating for freedom of expression.
Legal Services of Northern California, Chico, CA.
Staff Attorney, September 1999-May 2002.
Represented low-income clients, including at administrative
hearings, trials, and appeals, on a wide variety of legal
issues, including health, housing, and public benefits.
Bread for the City Legal Clinic, Washington, DC.
Contract Attorney/volunteer, November 2002-August 2003.
Represented low-income clients in landlord-tenant disputes in
DC Superior Court.
Doherty, Cella, Keane LLP, Washington, DC.
Associate, September 2003-June 2004.
Represented disabled individuals in their applications and
appeals for Social Security Disability benefits, primarily
attending hearings with claimants before Administrative Law
Judges.
National Legal Aid and Defender Association, Washington, DC.
Associate Attorney, June 2004-December 2008.
Designed and implemented training curricula for association
training events, researched funding opportunities and policy
issues.
Maryland Legal Aid Bureau, Inc., Riverdale, MD.
Staff Attorney, January 2009-November 2012.
Represented low-income clients as member of Elder Law and
Public Benefits Unit, on a wide variety of legal issues,
including consumer, health, housing, and public benefits.
Justice in Aging (formerly National Senior Citizens Law
Center), Washington, DC.
Senior Staff Attorney, December 2012-June 2022.
Director, Federal Income Security, July 2022-present.
Provided training and case consultation support to aging
service providers and advocates on Social Security and
Supplemental Security Income (SSI) benefits, regularly engaged
in administrative advocacy with the Social Security
Administration (SSA), occasionally conducted litigation against
SSA to enforce beneficiary rights, occasionally lobbied members
of Congress regarding legislation to improve SSA benefit
programs.
10. Government experience (list any current and former advisory,
consultative, honorary, or other part-time service or positions with
Federal, State, or local governments held since college, including
dates, other than those listed above):
Participant in two SSA advisory workgroups convened in 2020 to
address outreach to vulnerable populations: Workgroup on COVID-
19 Emergency Response and Service Delivery Outreach, and
Workgroup on SSI/SSDI Administrative Simplifications and
Evidence-Based Outreach.
11. Business relationships (list all current and former positions held
as an officer, director, trustee, partner (e.g., limited partner, non-
voting, etc.), proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, other business enterprise, or
educational or other institution):
None.
12. Memberships (list all current and former memberships, as well as
any current and former offices held in professional, fraternal,
scholarly, civic, business, charitable, and other organizations dating
back to college, including dates for these memberships and offices):
California Supreme Court, admitted to bar 12/1/1999. Active 12/
1/1999-1/1/2003, inactive 1/1/2003-5/8/2014, active 5/9/2014-
present.
District of Columbia Court of Appeals, admitted to bar 9/13/
2002. Active 9/3/2002-9/1/2010, resigned 9/1/2010.
Maryland Court of Appeals, admitted to bar 12/23/2009. Active
12/23/2009-2015, inactive 2015-present.
Maryland State Bar Association (2009-present).
Member of Elder and Disability Rights Section.
National Academy of Social Insurance (2015-present). Member.
Washington Ethical Society (2009-present). Member.
13. Political affiliations and activities:
a. List all public offices for which you have been a candidate
dating back to the age of 18.
None.
b. List all memberships and offices held in and services
rendered to all political parties or election committees,
currently and during the last 10 years prior to the date of
your nomination.
None.
c. Itemize all political contributions to any individual,
campaign organization, political party, political action
committee, or similar entity of $50 or more for the past 10
years prior to the date of your nomination.
Eric Kingson for Congress, September 2015-May 2016: $250.
Donna Edwards for Congress, December 2015: $50.
Progressive Change Campaign Committee PAC, May 2014-December
2015: $200.
MAYDAY America, October 2014: $80.
14. Honors and awards (list all scholarships, fellowships, honorary
degrees, honorary society memberships, military medals, and any other
special recognitions for outstanding service or achievement received
since the age of 18):
Stein Scholar in Ethics and Public Interest Law, Fordham
University School of Law, 1997-1999.
15. Published writings (list the titles, publishers, dates, and
hyperlinks (as applicable) of all books, articles, reports, blog posts,
or other published materials you have written):
Supreme Court Issues Decision Upholding Puerto Ricans'
Exclusion from SSI, American Society on Aging, Generations blog
post, May 9, 2022, https://generations.asaging.org/supreme-
court-upholds-no-ssi-puerto-ricans.
Social Security Overpayments and Low-Income Older Adults,
National Center on Law and Elder Rights (NCLER) chapter
summary, February 2022 (co-
authored), https://ncler.acl.gov/getattachment/Legal-Training/
upcoming_
event/SSI-Overpayments-Revamp-Ch-Summary.pdf.aspx?lang=en-US.
Commonsense Updates to SSI Can Help 3.3 Million Americans Pull
Themselves Out of Poverty, American Society on Aging,
Generations blog post, September 9, 2021, https://
generations.asaging.org/updating-ssi-can-pull-millions-out-
poverty. Also posted at Justice in Aging: https://
justiceinaging.org/commonsense-updates-to-ssi-can-help-3-3-
million-americans-pull-themselves-out-of-poverty/.
Pandemic-Related Disaster Assistance for SSI Recipients:
Important Change for SSI Recipients and Applicants, NCLER
practice tip, August 2021, https://ncler.acl.gov/getattachment/
Resources/COVID-19-Resources/Disaster-Assistance-Exclusions-
for-SSI.pdf.aspx?lang=en-US.
Mismatched and Mistaken: How the Use of an Inaccurate Private
Database Results in SSI Recipients Unjustly Losing Benefits,
National Consumer Law Center and Justice in Aging report, April
2021 (co-authored). https://www.nclc.org/images/pdf/
credit_reports/RptMismatchedFINAL041421.pdf.
Apply, Deny, Appeal: The Difficult Process of Claiming
Disability Benefits, American Society on Aging, Generations
Vol. 43, No. 4, p. 18 (December 2020), https://
www.ingentaconnect.com/contentone/asag/gen/2020/00000043/000000
04/art00004.
Frequently Asked Questions: Evolving Policies and Procedures at
SSA During the COVID-19 Pandemic, NCLER FAQ sheet, October
2020, https://ncler.acl.gov/getattachment/legal-training/
Economic-Security/SSA-COVID-FAQ-Sheet.pdf.aspx?lang=en-US.
Frequently Asked Questions: Economic Impact Payments, NCLER FAQ
sheet, March 2020, https://ncler.acl.gov/getattachment/legal-
training/Economic-Security/Economic-Impact-Payments-
FAQ.pdf.aspx?lang=en-US.
Frequently Asked Questions: SSI Overpayments, NCLER FAQ sheet,
February 2020 https://ncler.acl.gov/getattachment/legal-
training/Economic-Security/SSI-Overpayments-FAQ-Sheet-
2.pdf.aspx?lang=en-US.
SSI Self-Help for Overpayments: Administrative Waivers and
More, NCLER chapter summary, January 2020 (co-authored),
https://ncler.acl.gov/getattachment/legal-training/Economic-
Security/SSI-Self-Help-Ch-Summary.pdf.aspx?lang=en-US.
SSI Transfer Penalty: Walk Through a Case, NCLER chapter
summary, September 2019 (co-authored), https://ncler.acl.gov/
getattachment/legal-training/Economic-Security/SSI-Transfer-
Penalty-Ch-Summary.pdf.aspx?lang=en-US.
SSI Overpayment: Walk Through a Case, NCLER chapter summary,
May 2019 (co-authored), https://ncler.acl.gov/NCLER/media/
NCLER/documents/SSI-Overpayments-Ch-Summary.pdf.
Supplemental Security Income (SSI) for Older Adults: Post
Eligibility Tips, NCLER issue brief, November 2018 (co-
authored) https://ncler.acl.gov/Files/SSI-Post-Eligibility-
Issue-Brief.aspx.
Making Ends Meet (or Not): How Public Policy Affects
Caregivers' Income, American Society on Aging, Generations Vol.
42, No. 3, p. 90, September 2018 (co-authored), https://
www.ingentaconnect.com/contentone/asag/gen/2018/00000042/
00000003/art00016.
In-Kind Support and Maintenance (ISM) in the Supplemental
Security Income (SSI) Program, Justice in Aging advocates
guide, April 2018 (co-authored), http://justiceinaging.org/wp-
content/uploads/2018/04/ISM-Guide.pdf.
Supporting Older Americans' Basic Needs: Health Care, Income,
Housing and Food, Justice in Aging issue brief, April 2018 (co-
authored), http://justiceinaging.org/wp-content/uploads/2018/
04/Supporting-Older-Americans%E2%80%99-Basic-Needs_Health-Care-
Income-Housing-and-Food.pdf.
Social Security Reconsideration Appeals, NCLER issue brief,
March 2018 (co-
authored), https://ncler.acl.gov/Files/SSA-Reconsideration-
Appeals-Issue-Brief.
aspx.
Skilled Nursing Facilities and Other Creditors Acting as
Representative Payees, Justice in Aging issue brief, January
2018 (co-authored), https://www.
justiceinaging.org/wp-content/uploads/2018/01/Skilled-Nursing-
Facilities-and-Other-Creditors-Acting-As-Representative-
Payees.pdf.
Overcoming Challenges to Accessing Public Benefits for Persons
with Dementia, ASA Commission on Law and Aging, Bifocal, Vol.
38, Issue 6, August 2017 (co-authored), https://
www.americanbar.org/groups/law_aging/publications/bifocal/
vol_38/issue-6--august-2017-/overcoming-challenges-to-
accessing-public-benefits-for-persons-w/.
Understanding Resources in the Supplemental Security Income
(SSI) Program, ABA Commission on Law and Aging, Bifocal, Vol.
38, Issue 6, August 2017 (co-authored), https://
www.americanbar.org/groups/law_aging/publications/bifocal/
vol_38/issue-6--august-2017-/understanding-resources-in-the-
supplemental-security-income--ssi/.
Supplemental Security Income: In-Kind Support and Maintenance,
NCLER issue brief, August 2017 (co-authored) https://
ncler.acl.gov/pdf/NCLER-In-Kind-Support-and-Maintenance-in-SSI-
Issue-Brief.pdf.
``I Can't Pay That!'': Social Security Overpayments and Low-
Income Clients, NCLER issue brief, February 2017 (co-authored),
https://ncler.acl.gov/Files/I-Can-t-Pay-That!-Social-Security-
Overpavments-and.aspx.
Social Security and Supplemental Security Income 101,
Clearinghouse Review Journal of Poverty Law and Policy, p. 1,
February 2017 https://justiceinaging.org/wp-content/uploads/
2020/10/Social-Security-and-SSI-101.pdf.
Social Security's Operating Budget At-Risk for Even More Cuts,
Justice in Aging blog post, Sept. 9, 2016 https://
justiceinaging.org/social-securitys-operating-budget-risk-even-
cuts/.
Medicaid and Supplemental Security Income Eligibility: Time for
a Tune-up, National Academy of Elder Law Attorneys, NAELA
Journal, Vol. 12, Issue 1, Spring 2016 (co-authored), https://
heinonline.org/HOL/LandingPage?handle
=hein.journals/naela12&div=5&id=&page=.
How to Prevent and End Homelessness Among Older Adults, Justice
in Aging special report, April 2016 (co-authored), https://
justiceinaging.org/wp-content/uploads/2016/04/Homelessness-
Older-Adults.pdf.
Department of Education to Forgive Student Loan Debt for
Thousands of People with Disabilities, Justice in Aging blog
post, April 20, 2016 https://justiceinaging.org/forgive-
student-loan-debt-for-people-with-disabilities/.
SSA's Failure to Process SSI Appeals Requests, Justice in Aging
policy issue brief, January 2014 https://
www.justiceinaging.org/wp-content/uploads/2015/05/RE_1SSI-
Failure-Policy-Issue-Brief.pdf.
Why SSI Needs an Appeals Process That Works, Justice in Aging
issue brief, September 2013, https://www.justiceinaging.org/wp-
content/uploads/2015/03/RE_Final-Why-SSI-Needs-an-Appeal-
Process-That-Works.pdf.
SSI Appeals Process Misses the Mark, American Society on Aging,
Aging Today, Vol. 34, Issue 3, May-June 2013, https://
drive.google.com/file/d/17F9qLCjBHTH3B8VqVNn_DBTIyVV2zROK/
view?usp=sharing.
Fair Work, not ``Workfare'': Examining the Role of Subsidized
Jobs in Fulfilling States' Work Requirements under the Personal
Responsibility and Work Reconciliation Act of 1996, Fordham
Urban Law Journal Vol. 25, p. 959, 1998.
16. Speeches (list all formal speeches and presentations (e.g.,
PowerPoint) you have delivered during the past 5 years which are on
topics relevant to the position for which you have been nominated,
including dates):
Marriage Penalties in SSA Benefits: Barriers in Marriage and
Relationship Equality Faced by SSA Beneficiaries, Social
Security Advisory Board public session panelist, July 29, 2022.
Recording: https://vimeo.com/735465575.
Slides: https://www.ssab.gov/wp-content/uploads/2022/07/
Presentation-on-Marriage-Penalties.pdf.
Improving Access to the Application for Supplemental Security
Income (SSI) Benefits, Justice in Aging webinar, June 8, 2022.
Recording: https://vimeo.com/718434001.
Slides: https://justiceinaging.org/wp-content/uploads/2022/06/
Improving-Access-to-SSI-Application-6.8.22.pdf.
Social Security Overpayments and Low-Income Older Adults,
National Center on Law and Elder Rights (NCLER) webinar,
February 23, 2022 (co-presented).
Recording: https://vimeo.com/681061213.
Slides: https://ncler.acl.gov/getattachment/Legal-Training/
upcoming_event/NCLER-SSA-Overpayments-Revamp.pdf.aspx?lang=en-
US.
Pandemic-Related Disaster Assistance for SSI Recipients, NCLER
webinar, September 21, 2021.
Recording: https://vimeo.com/618260569.
Slides: https://ncler.acl.gov/getattachment/Legal-Training/
upcoming_event/Disaster-Assistance-for-SSI-
Recipients.pdf.aspx?lang=en-US.
Social Security's Public Service, Panel 2: Developing Evidence
on Underserved Populations, Social Security Advisory Board
roundtable discussion panelist, May 20, 2021.
Recording: https://vimeo.com/556399678.
Evolving Policies and Procedures at SSA During the COVID-19
Pandemic, NCLER webinar, September 30, 2020 (co-presented).
Recording: https://vimeo.com/463591756.
Slides: https://ncler.acl.gov/getattachment/legal-training/
Economic-Security/SSA-COVID-Slides-093020.pdf.aspx?lang=en-US.
Representative Payees: Opportunities to Improve Service
Delivery, Social Security Advisory Board public forum panelist,
September 24, 2020.
Recording: https://www.ssab.gov/research/forum-archive-
representative-payees-opportunities-to-improve-service-
delivery/.
Economic Impact Payments and Older Adults, NCLER webinar, May
6, 2020.
Recording: https://vimeo.com/415673623.
Slides: https://ncler.acl.gov/getattachment/legal-training/
Economic-Security/Economic-lmpact-Payments-
Slides.pdf.aspx?lang=en-US.
Obtaining Economic Impact Payments for Low-Income Clients,
Justice in Aging webinar, April 24, 2020.
Recording: https://vimeo.com/411563325.
Slides: https://justiceinaging.org/wp-content/uploads/2020/04/
Obtaining-Economic-Impact-Payments-for-Low-Income-Clients-
4.24.20.pdf.
New Policies Related to COVID-19 at SSA, Justice in Aging
webinar, April 10, 2020.
Recording: https://vimeo.com/406304310.
Slides: https://justiceinaging.org/wp-content/uploads/2020/04/
New-Policies-Related-to-COVID-19-at-SSA-4.10.20.pdf.
SSI Self-Help for Overpayments: Administrative Waivers and
More, NCLER webinar, January 28, 2020 (co-presented).
Recording: https://vimeo.com/387800347.
Slides: https://ncler.acl.gov/getattachment/legal-training/
Economic-Security/SSI-Self-Help.pdf.aspx?lang=en-US.
Issues in the Representative Payee Program for Older Adults,
Justice in Aging webinar, September 24, 2019.
Recording: https://vimeo.com/362174048.
Slides: https://justiceinaging.org/wp-content/uploads/2019/09/
Sept-2019-rep-payee-presentation-for-NDRN.pdf.
SSI Transfer Penalty: Walk Through a Case, NCLER webinar,
September 18, 2019 ( co-presented).
Recording: https://vimeo.com/360921206.
Slides: https://ncler.acl.gov/getattachment/legal-training/
Economic-Security/NCLER-SSI-Transfer-Penalty-
PPT.pdf.aspx?lang=en-US.
SSI Overpayment: Walk Through a Case, NCLER webinar, May 22,
2019 (co-presented).
Recording: https://vimeo.com/337853029.
Slides: https://ncler.acl.gov/NCLER/media/NCLER/documents/SSI-
Overpayments-PPT.pdf.
SSI for Older Adults: Post Eligibility Tips, NCLER webinar,
Nov. 18, 2018 (co-presented).
Recording: https://vimeo.com/303394366.
Slides: https://ncler.acl.gov/Files/SSI-Post-Eligibility-
lssues-PPT-(1).aspx.
How to Leverage Advance Designation to Improve the
Representative Payee Selection Process, Social Security
Administration National Disability Forum panelist, October 30,
2018 (afternoon session).
Agenda: https://www.ssa.gov/ndf/documents/
Afternoon%20Agenda%20-%20
NDF%200ct%2030%202018%20-%20FINAL.pdf.
Audio recording: https://www.ssa.gov/ndf/media/10-30-
18%20SSA%20event%
20-%20afternoon%20session%202.mp3.
Social Security Benefits You've Never Heard of, and Who is
Eligible for Them, Justice in Aging webinar, October 23, 2018
(co-presented).
Recording: https://vimeo.com/296711517.
Slides: http://justiceinaging.org/wp-content/uploads/2018/10/
SS-Benefits-Youve-Never-Heard-Of.pdf.
Moving Forward: Implementing Changes in the Representative
Payee Program, Panel II: Exploring Different Experiences:
Representative Payee Order of Preference in the Selection and
Replacement Process, Social Security Advisory Board public
forum panelist, September 7, 2018, https://www.ssab.gov/
research/forum-moving-forward-implementing-changes-in-the-
representative-payee-program/.
SSI Transfer of Asset Penalty, Justice in Aging webinar, June
28, 2018 (co-presented).
Recording: https://vimeo.com/277533439.
Slides: http://justiceinaging.org/wp-content/uploads/2018/06/
June-2018_SSI-Transfer-Penalty-webinar.pdf.
How to Strengthen and Clarify Instructions on Directing the
Management of Benefits, Social Security Administration National
Disability Forum panelist, April 18, 2018 (morning session).
Agenda: https://www.ssa.gov/ndf/documents/Morning%20Agenda%20-
%20ND
F%20Apr%2018%202018.pdf.
In-Kind Support and Maintenance in the SSI Program, Justice in
Aging webinar, April 11, 2018 (co-presented).
Recording: https://vimeo.com/264313612.
Slides: http://justiceinaging.org/wp-content/uploads/2018/04/
ISM-Webinar-4.11.18-FINAL.pdf.
Social Security Reconsideration Appeals, NCLER webinar, March
21, 2018 (co-presented).
Recording: https://vimeo.com/261193250.
Slides: https://ncler.acl.gov/Files/NCLER-SSA-Reconsiderations-
Slides-March-2018.aspx.
17. Qualifications (state what, in your opinion, qualifies you to
serve in the position to which you have been nominated):
I am a nationally recognized expert on SSA benefit programs, in
particular the Supplemental Security Income (SSI) program and
Social Security benefits for low-income older adults. I also
have deep expertise in other areas of focus for the Social
Security Advisory Board, such as the representative payee
program and the development of an online application for SSI
for older adults. I would bring a unique perspective to the
SSAB as an advocate concentrating on the needs of low-income
older adults. I am familiar with the work of the SSAB, having
presented to the Board multiple times.
B. FUTURE EMPLOYMENT RELATIONSHIPS
1. Will you sever all connections (including participation in future
benefit arrangements) with your present employers, business firms,
associations, or organizations if you are confirmed by the Senate? If
not, provide details.
No. If confirmed, I will be a special government employee and
therefore, I plan to continue working for my current employer,
Justice in Aging.
2. Do you have any plans, commitments, or agreements to pursue
outside employment, with or without compensation, during your service
with the government? If so, provide details.
Yes. If confirmed, I will be a special government employee and
therefore, I plan to continue working for my current employer,
Justice in Aging.
3. Has any person or entity made a commitment or agreement to employ
your services in any capacity after you leave government service? If
so, provide details.
No.
4. If you are confirmed by the Senate, do you expect to serve out
your full term or until the next presidential election, whichever is
applicable? If not, explain.
Yes.
C. POTENTIAL CONFLICTS OF INTEREST
1. Indicate any current and former investments, obligations,
liabilities, or other personal relationships, including spousal or
family employment, which could involve potential conflicts of interest
in the position to which you have been nominated.
None.
2. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years (prior to the
date of your nomination), whether for yourself, on behalf of a client,
or acting as an agent, that could in any way constitute or result in a
possible conflict of interest in the position to which you have been
nominated.
I have appeared as co-counsel in two cases brought against the
Social Security Administration:
a. Fabelo et al. v. Kijakazi, Case No. 2015-CV-7429 (EDNY)--
settled and dismissed April 3, 2023.
b. Campos et al. v. Kijakazi, Case No. 21-CV-5143 (EDNY)--
currently in settlement negotiations. I will withdraw my appearance in
this case when my nomination is confirmed.
3. Describe any activity during the past 10 years (prior to the date
of your nomination) in which you have engaged for the purpose of
directly or indirectly influencing the passage, defeat, or modification
of any legislation or affecting the administration and execution of law
or public policy. Activities performed as an employee of the Federal
Government need not be listed.
Since December 2012, I have occasionally met with the staff of
members of Congress and the relevant committees of jurisdiction
to advocate for legislative improvements to the SSA benefit
programs, or to oppose legislation that would harm
beneficiaries. This activity has primarily concerned the
Supplemental Security Income Restoration Acts of 2013, 2014,
2015, 2017, 2019, and 2021. Other legislation I have met with
Hill staffers about included the Social Security and Marriage
Equality Act of 2014, the provisions of the Balanced Budget Act
of 2015 relating to SSA, the Control Unlawful Fugitive Felons
Act of 2015, the Social Security Beneficiaries Act of 2018, and
the SSI Savings Penalty Elimination Act of 2022.
While working for Justice in Aging, I have regularly engaged in
administrative advocacy at the Social Security Administration
(SSA), as a member of various advocacy coalitions supporting
regulatory and sub-regulatory changes to ensure effective
administration of the SSA benefit programs, as well as
recommending operational improvements and potential research
topics at the agency. I have also engaged in administrative
advocacy at SSA on behalf of Justice in Aging on a variety of
topics, including the representative payee program, data
matching programs, and Federal student loan forgiveness for
beneficiaries.
I have occasionally participated in meetings with employees of
the Office of Management and Budget regarding SSA
administrative funding and the agency's regulatory agenda. I
have also occasionally participated in meetings with employees
of other Federal agencies, including the Department of
Education, Consumer Financial Protection Bureau, and Treasury
Department, on a variety of topics related to SSA
beneficiaries.
4. Explain how you will resolve any potential conflict of interest,
including any that are disclosed by your responses to the above items.
(Provide the committee with two copies of any trust or other
agreements.)
I will withdraw my appearance as an attorney of record in
Campos when my nomination is confirmed. I will not enter my
appearance as an attorney of record in any litigation against
the Social Security Administration while serving on the Social
Security Advisory Board.
5. Two copies of written opinions should be provided directly to the
committee by the designated agency ethics officer of the agency to
which you have been nominated and by the Office of Government Ethics
concerning potential conflicts of interest or any legal impediments to
your serving in this position.
D. LEGAL AND OTHER MATTERS
1. Have you ever been the subject of a complaint or been
investigated, disciplined, or otherwise cited for a breach of ethics
for unprofessional conduct before any court, administrative agency
(e.g., an Inspector General's office), professional association,
disciplinary committee, or other ethics enforcement entity at any time?
Have you ever been interviewed regarding your own conduct as part of
any such inquiry or investigation? If so, provide details, regardless
of the outcome.
No.
2. Have you ever been investigated, arrested, charged, or held by any
Federal, State, or other law enforcement authority for a violation of
any Federal, State, county, or municipal law, regulation, or ordinance,
other than a minor traffic offense? Have you ever been interviewed
regarding your own conduct as part of any such inquiry or
investigation? If so, provide details.
No.
3. Have you ever been involved as a party in interest in any
administrative agency proceeding or civil litigation? If so, provide
details.
No.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, provide details.
No.
5. Please advise the committee of any additional information,
favorable or unfavorable, which you feel should be considered in
connection with your nomination.
None.
E. TESTIFYING BEFORE CONGRESS
1. If you are confirmed by the Senate, are you willing to appear and
testify before any duly constituted committee of the Congress on such
occasions as you may be reasonably requested to do so?
Yes.
2. If you are confirmed by the Senate, are you willing to provide
such information as is requested by such committees?
Yes.
______
Questions Submitted for the Record to Kathryn Rose Lang
Questions Submitted by Hon. Bill Cassidy
ssa operational concerns
Question. Thanks to each of you for choosing to serve the American
people, and for your willingness to help us better understand what is
going on at SSA. You all have deep, distinguished, and unique policy
backgrounds that will greatly benefit the Board's work.
My first question to you, however, is not focused on policy. In
fact, what many of us need here in Congress is a better operational
understanding of what is going on at SSA. There are many think tanks,
research organizations, and other groups that already do a good job
informing us on SSA policy matters. In general, what we need from the
SSAB is reports and recommendations on important operational matters,
including: initial disability claims backlog; field office and 800
number wait times; overpayments; electronic systems modernization;
outdated dictionary of occupational titles; poor employee morale--
lowest in the entire Federal Government; and lack of performance
metrics provided to Congress by SSA.
With this in mind, can you describe how your background can help
Congress better understand the current serious operational issues
facing SSA?
Answer. My background representing individuals at the Social
Security Administration (SSA) has given me a great deal of familiarity
with the agency's policies and procedures that cause the most trouble
for those claiming and receiving benefits from the agency. This has
provided me with insight into what members of the public struggle with
when interacting with SSA, and informed my ideas about what changes SSA
could make to address many of the operational issues it faces.
For the past decade, in my role as a national expert on SSA
benefits at Justice in Aging, I have had the opportunity to hear from
legal aid advocates from across the country about the operational
issues they are encountering when representing clients at SSA, educate
them about developments in SSA's policies and procedures, and encourage
the agency to provide better service to everyone, especially those
facing barriers like cognitive impairments, limited proficiency in
English, or homelessness and housing insecurity.
Question. I am particularly concerned with the lack of performance
metrics provided to Congress by SSA. Agency leadership regularly come
to the Hill to ask for more funding, justifying this by providing only
output data. This reminds me of the signs you used to see in front of a
McDonalds: ``Millions and Millions Served.'' Millions may have eaten
there, but was the food acceptable?
How can the SSAB help Congress access and understand historical
performance data from SSA? For example, how can we find out the ``cost
per retirement claim'' over, let's say, the last 20 years?
Answer. The SSAB can access the Social Security Administration's
systems and data as part of its authority to study and make
recommendations relating to SSA's programs. For example, in 2018 the
SSAB published a collection of charts \1\ regarding SSA's
representative payee program that included information that the agency
does not regularly release itself, and informed the SSAB's report on
Improving Social Security's Representative Payee Program.\2\ The SSAB
can continue to use its authority to access and analyze SSA data, and
make recommendations for improvements.
---------------------------------------------------------------------------
\1\ https://www.ssab.gov/research/representative-payee-chart-
collection/.
\2\ https://www.ssab.gov/research/improving-social-securitys-
representative-payee-program/.
Question. As part of prepping for a hearing, like every one of my
colleagues here, I asked my staff to speak with SSA policy leaders,
researchers, and past senior staff at the agency. In this case, we
asked them their thoughts on how useful the SSAB has been to the
agency, to Congress and the administration, and the American people.
The responses we received were decidedly mixed. Some wonder if the SSAB
should even exist in its current structure, or if its structure is even
---------------------------------------------------------------------------
constitutional in light of recent court decisions.
As part of my work on this committee, my staff and I have
interacted extensively with MedPAC, the Medicare Payment Advisory
Commission. It is supposed to serve a somewhat similar role to the
SSAB, to advise Congress on issues related to the Medicare program, and
its work has been very useful to many of us on this committee and
across Congress. The resources given to MedPAC, are similar to that
given to the SSAB, yet SSAB does not seem to have been as useful to
Congress and the American people.
How can the SSAB better serve its primary customers: Congress, the
administration, SSA, and the American people? Should we look at
reforming the structure of the SSAB? If so, what would you recommend?
Answer. I don't agree with the assertion that the SSAB is given
similar resources as MedPAC. There are significant differences in both
the structure and resources of these agencies that could contribute to
MedPAC's efficacy and usefulness, as compared to the SSAB. MedPAC is an
independent congressional agency solely within the legislative branch,
with 17 Commissioners who are all appointed by the Comptroller General.
With three cohorts of five or six Commissioners who serve staggered 3-
year terms, there are never extensive vacancies for Commissioners at
MedPAC, since none of the Commissioners have to go through the Senate
confirmation process. Three of the seven SSAB Board members are
presidential nominees who require Senate confirmation, resulting in
many years without a full complement of Board members actively ``on the
job.''
In addition to the structure of having more than twice as many
Commissioners, who serve with a full complement continuously, MedPAC
also has almost three times as many professional staff (12 at SSAB
versus 33 at MedPAC), and an annual budget more than five times as
large ($2.7 million for SSAB versus $13.8 million for MedPAC). SSAB's
efficacy could be enhanced by doubling the number of Board members, by
tripling the number of professional staff, and by increasing its
budget.
public knowledge of ssa programs
Question. One of the SSAB statutory roles is to help the American
public better understand Social Security programs, so I am going to ask
a question that is very similar to one I asked Commissioner O'Malley a
couple months ago in this room.
The most common age at which Americans claim Social Security
benefits is 62. Claiming benefits at this age locks in the lowest
possible monthly benefit amount a person can receive for the rest of
that person's life. Research has shown that the average American
household misses out on more than $100,000 in value because of
suboptimal claiming decisions. And the very words SSA uses for various
ages stacks the deck toward earlier claiming. Most notably, SSA
describes age 62 as the ``early retirement age''--implying that
claiming at any other time is ``late.'' In March of this year, I
introduced bipartisan legislation with Senators Collins, Coons, and
Kaine that would improve Americans' understanding of how their claiming
decisions impact their financial security. The bill is simple--it would
change SSA's terminology from ``early eligibility age,'' ``full
retirement age,'' and ``delayed retirement credits'' to ``minimum
benefit age,'' ``standard benefit age,'' and ``maximum benefit age'' to
better reflect Social Security's claiming design and how the program
works.
If you are confirmed to the SSAB, would you work with Congress and
the administration to implement this straightforward solution?
Answer. Yes, I would.
______
Questions Submitted by Hon. Chuck Grassley
Question. One of the responsibilities of the Social Security
Advisory Board is to make recommendations to the President and Congress
regarding policies that will ensure the solvency of the Social Security
trust funds. As you likely know, the Congressional Budget Office
estimates that the Social Security trust funds will become insolvent in
2033. It is vital that Congress take action to extend the solvency of
Social Security to protect our seniors hard-earned benefits.
As a member of the Social Security advisory board, how would you
help advise Congress as we act to ensure the solvency of Social
Security?
Answer. Congress has a number of options to address the long-term
solvency of the Social Security trust funds. SSA's Office of the Chief
Actuary provides detailed estimates regarding the proposals put forward
by policymakers to restore the trust funds' solvency:
Proposals to Change Social Security (https://www.ssa.gov/OACT/
solvency/index.
html).
The Congressional Budget Office has produced several publications
on projections and policy options for the Social Security trust funds:
CBO's 2023 Long-Term Projections for Social Security | Congressional
Budget Office (https://www.cbo.gov/publication/59184).
How Changing Social Security Could Affect Beneficiaries and the
System's Finances | Congressional Budget Office (https://www.cbo.gov/
publication/54868).
Social Security Policy Options, 2015 | Congressional Budget Office
(https://www.cbo.gov/publication/51011).
In the past, the SSAB has also published reports reviewing
proposals that address the Social Security solvency issue, but has not
endorsed any particular option or combination of options. Instead, the
SSAB has presented these proposals in a bipartisan manner and urged
Congress to take action. As 2033 approaches, policymakers have time to
carefully craft a financing package that protects the program's modest
but critical benefits.
Question. Aside from the impending Social Security shortfall, what
do you believe to be a major challenge facing Social Security, and what
should Congress or the President do to address it?
Answer. Under the Supplemental Security Income (SSI) program, the
Social Security Administration provides monthly benefits to people who
are disabled or elderly and have little income and few assets. SSI
benefits are critical for the people who need them, but the program is
woefully out of date. The maximum SSI benefit is only three-fourths of
the poverty line, and more than a third of beneficiaries have incomes
below the poverty line even after their benefits are considered. The
program's meager income and asset limits penalize savings and work. Its
complicated rules are inefficient to administer and intrusive to
beneficiaries.
Updating SSI is long overdue, and necessary to ensure that low-
income seniors and people with disabilities have the resources they
need to afford rent, food, and other basic needs.
Question. Based on your experience as director of Federal income
security at Justice for Aging, please explain how you think Social
Security can best be improved.
Answer. More than 48 million older adults claim Social Security
retirement benefits. Women make up approximately 56 percent of all
Social Security beneficiaries over the age of 62 and 66 percent of all
beneficiaries over the age of 85. Notably, because women have fewer
assets than men in retirement, yet live longer on average, Social
Security is often their primary source of income, especially as they
reach older age. In fact, one-third of older women rely on Social
Security for more than 80 percent of their total income. For women over
80 years of age, whose other resources have likely been depleted, that
percentage rises to 43.3 percent, highlighting the difficulty many
women face when they have little to no retirement savings left and they
can no longer work to supplement their income.
Unfortunately, not only are women more likely than men to lack
other forms of retirement income, but their Social Security benefits
are, on average, lower. This discrepancy can be attributed to a long
history of disparate pay for women and men in the United States, and
women's traditional role as primary caregivers for children and aging
family members, among other factors.
Because Social Security benefits are based on previous earnings,
women who take time out of the workforce to act as caregivers receive
fewer benefits in retirement. The substantial value they provide for
such caregiving is totally uncompensated for purposes of Social
Security. A caregiver credit could provide eligible caregivers with
Social Security work credits, thereby increasing the caregivers'
``wages'' for purposes of calculating Social Security benefits.
______
Questions Submitted by Hon. Tim Scott
Question. One area I'm hoping you can commit to focusing on is the
Social Security Administration's electronic consent-based SSN
verification system, also known as the eCBSV. By enacting my Preventing
Children From Identity Theft Act, Congress directed the SSA to build
this system so synthetic identity fraud could be detected and prevented
in real time. Criminals create a synthetic identity by combining SSNs,
names, and dates of birth of multiple people (or fabricating some of
that information). A criminal uses this identity to apply for credit,
slowly building a credit profile over time, and finally, obtaining a
large amount of credit, with no intent to repay. Victims are usually
children, as most parents are not checking their child's credit report
and their SSNs are rarely used until their late teens. We understand
synthetic identity fraud is the fastest growing type of financial crime
in the U.S. As the only true owner of SSN information, SSA is integral
to stopping this fraud. The eCBSV system allows financial institutions
and their service providers to submit a name, SSN, and date of birth to
the SSA to see if it is a match or no match to SSA's records. A no
match may be a case of synthetic identity fraud. While the system is
now up and running, I am concerned about reported cost overruns and
SSA's overly aggressive timeline to recover these costs.
Will you commit to working with your fellow Board members to help
ensure that the SSA's eCBSV is as successful and as cost-efficient as
possible?
Answer. Yes, I will.
Question. Social Security is a vital pillar of the American
retirement system. Retirement and disability benefits represent \3\
approximately 30 percent of total income for the median beneficiary
household headed by someone age 65 or over; for more than 1 in 10 of
such households, Social Security provides at least 90 percent of
income. But the program faces a major financial challenge. Benefits
paid out by Social Security are set to far exceed its income from the
payroll tax and other sources. Without action by Congress,
beneficiaries will face a 23-percent benefit cut in 2033--just 10 years
from now--as the program's primary trust fund runs dry. Such an outcome
would have severe consequences. Addressing this issue is within our
realm, but we require an Advisory Board that is ready to collaborate
with us in Congress to develop and improve solutions.
---------------------------------------------------------------------------
\3\ https://www.ssa.gov/news/press/factsheets/basicfact-alt.pdf.
Can you share your view on this issue and what are some solutions
---------------------------------------------------------------------------
that you think Congress should look at in addressing this issue?
Answer. Congress has a number of options to address the long-term
solvency of the Social Security trust funds. SSA's Office of the Chief
Actuary provides detailed estimates regarding the proposals put forward
by policymakers to restore the trust funds to solvency:
Proposals to Change Social Security (https://www.ssa.gov/OACT/
solvency/index.
html).
The Congressional Budget Office has produced several publications
on projections and policy options for the Social Security trust funds:
CBO's 2023 Long-Term Projections for Social Security | Congressional
Budget Office (https://www.cbo.gov/publication/59184).
How Changing Social Security Could Affect Beneficiaries and the
System's Finances | Congressional Budget Office (https://www.cbo.gov/
publication/54868).
Social Security Policy Options, 2015| Congressional Budget Office
(https://www.cbo.gov/publication/51011).
In the past, the SSAB has also published reports reviewing
proposals that address the Social Security solvency issue, but has not
endorsed any particular option or combination of options. Instead, the
SSAB has presented these proposals in a bipartisan manner and urged
Congress to take action. As 2033 approaches, policymakers have time to
carefully craft a financing package that protects the program's modest
but critical benefits and to strengthen the trust funds' solvency for
the decades to come.
Question. Given the critical role of Social Security and the
imminent financial challenge it faces, could you share your perspective
on the potential impact of a 23-percent benefit cut in 2033 and how the
Assistant Secretary of Commerce for Enforcement and Compliance could
contribute to collaborative efforts with Congress to address this
issue?
Answer. While Social Security benefits are modest, they are a key
source of financial security, especially for older adults. Given the
program's powerful anti-poverty impact, cuts in Social Security
benefits could significantly raise the elderly poverty rate. Without
Social Security benefits, 41 percent of elderly Americans would have
incomes below the official poverty line. With Social Security, only 9
percent do.
A potential benefit cut of 23-percent would disproportionately harm
low- and
middle-income seniors, as they rely most heavily on Social Security to
cover all or a significant amount of their expenses. It would hit Black
and Latino retirees particularly hard because they have less access to
private retirement accounts and have lower balances in those accounts.
Benefit cuts would be harmful to the American people and should be
avoided at all costs. The Social Security Advisory Board can put
forward bipartisan proposals on the issue, but Congress must take
action.
Question. Separate from Social Security's Old-Age and Disability
Insurance programs, SSA also administers the Supplemental Security
Income program, which provides crucial monthly assistance to nearly 8
million older adults, and people with disabilities who have little or
no earnings. SSI beneficiaries--40 percent of whom live in poverty with
these benefits--are allowed to have assets of up to $2,000, or $3,000
for a couple. These asset limits penalize marriage, work, and saving.
In light of the issues related to asset limits affecting marriage,
work, and savings for SSI beneficiaries, could you provide insights for
potential reforms or enhancements that might alleviate these challenges
and improve the program's effectiveness in assisting individuals with
limited or no earnings?
Answer. Outdated asset limits for the Supplemental Security Income
(SSI) program discourage millions of Americans from saving, working,
and marrying. SSI offers essential financial support to disabled and
elderly Americans with limited means and limited ability to work, but
the program in its current form penalizes marriage and discourages
financial responsibility.
In order to qualify for SSI, individuals cannot have more than
$2,000 in assets; married couples can have no more than $3,000, putting
SSI recipients at risk of losing eligibility should they choose to
marry. These thresholds have remained unchanged for almost 40 years
without being updated to account for inflation. Such low asset limits
confront SSI recipients with an impossible dynamic--taking modest steps
to save for future emergencies can threaten access to their critical
monthly benefits. Moreover, outdated asset limits in SSI have become a
leading driver of Social Security Administration overpayments undermine
program integrity and also result in hardship for recipients facing
abrupt benefit suspension or reduction in already low monthly benefits.
______
Prepared Statement of Sharon Beth Lewis, Nominated to be a Member of
the Social Security Advisory Board, Social Security Administration
Chairman Wyden, Ranking Member Crapo, and members of the committee,
thank you for the opportunity to speak to you today, and for your
consideration of my nomination.
I am honored to have been nominated by the President for this
important role as a member of the Social Security Advisory Board. I
appreciate the opportunity to join my two colleagues, Ms. Lang and Mr.
Biggs, to sit before you and answer your questions. If we are all
confirmed, I look forward to joining this Board with a full complement
of seven members to share ideas, to listen to multiple views, and to
work together to identify and communicate recommendations for the
Social Security Administration (SSA).
I also want to thank my family, especially my parents, my brother
and my sister, and my three amazing daughters--Jazmin, Zoe, and
Maraena--for their love, support, encouragement and patience, without
which I would not be here. Zoe asked me to tell you ``hello'' from
Oregon, noting her disappointment in not being able to join me in DC
this week, but also pride in her job responsibilities that kept her at
home. Zoe is one of the very small proportion of Supplemental Security
Income recipients with intellectual disabilities who work in
competitive, integrated employment. I am also grateful to acknowledge
Maraena, my youngest daughter, who is here to support me today.
I believe I have a unique combination of personal and professional
experience that will inform my work on the Board. My professional
background includes serving in the U.S. Department of Health and Human
Services (HHS) as the Commissioner of the Administration on
Intellectual and Developmental Disabilities, the Principal Deputy
Administrator of the Administration for Community Living, and the
Secretary's Senior Advisor on Disability Policy. While at HHS, I worked
collaboratively with teams from the Social Security Administration, the
Department of Labor, and the Centers for Medicare and Medicaid Services
to support improved employment outcomes and economic opportunity for
people with disabilities. Prior to joining HHS, I also served as the
Senior Disability Policy Advisor for the U.S. House Committee on
Education and Labor, and as a Joseph P. Kennedy Public Policy Fellow
for the Senate Subcommittee on Children and Families within the Senate
Health, Education, Labor, and Pensions Committee.
Since leaving full-time government service 8 years ago, I have been
employed with a health-care consulting firm, Health Management
Associates. As a consultant, I primarily work with State Medicaid
agencies and with other stakeholders to improve policies and programs
for people with disabilities and older adults, and their families.
Additionally, I continue to volunteer with several nonprofit
disability-
focused organizations.
Regarding my personal experience, as mom to a young adult with
significant disabilities, as family to several retired older adults,
and through my engagement with many people in the disability community
over the past 25 years, I know firsthand both the opportunities and
challenges for those who depend upon the important benefits
administered by Social Security.
I think understanding and respecting the experiences of both the
beneficiaries who receive services, and the staff who deliver those
services, is central to the Social Security Advisory Board's work.
Hearing from these individuals, and infusing their insights into policy
deliberations and recommendations, reminds us why it is so important to
improve and sustain Social Security programs. It is our obligation to
thoughtfully consider the experiences of everyday Americans alongside
our efforts to analyze and consider data, research, and the
perspectives of government officials, policy experts, economists, and
social scientists.
I also believe strongly in compromise and pursuing consensus.
Should I be fortunate enough to be confirmed, I will serve in a
collaborative and bipartisan manner. I will work cooperatively with my
fellow Board members in developing our advice and guidance to the
Social Security Administration.
Thank you again, Mr. Chairman, Ranking Member Crapo, and members of
the committee, for the privilege of appearing before you today. I look
forward to responding to your questions.
______
SENATE FINANCE COMMITTEE
STATEMENT OF INFORMATION REQUESTED
OF NOMINEE
A. BIOGRAPHICAL INFORMATION
1. Name (include any former names used): Sharon Beth Lewis, (former)
Sharon Beth Lewis Wilker.
2. Position to which nominated: Member, Social Security Advisory
Board.
3. Date of nomination: April 7, 2022.
4. Address (list current residence, office, and mailing addresses):
5. Date and place of birth: October 1, 1965, Ann Arbor, Michigan.
6. Marital status (include maiden name of wife or husband's name):
7. Names and ages of children:
8. Education (list all secondary and higher education institutions,
dates attended, degree received, and date degree granted):
Lahser High School, Bloomfield Hills, Michigan. Attended 1980-
1983. High School Diploma, 1983.
Washington University, St. Louis, Missouri. Attended 1983-1987.
Bachelor of Fine Arts, 1987.
Harvard Kennedy School, Executive Education: Leadership for the
21st Century, 2011.
9. Employment record (list all jobs held since college, including the
title or description of job, name of employer, location of work, and
dates of employment for each job):
------------------------------------------------------------------------
Employer Dates Title/Description Location
------------------------------------------------------------------------
Health Management January 2016- Principal Portland,
Associates Pcurrent (Consultant) Oregon, and
Washington, DC
------------------------------------------------------------------------
U.S. Dept of HHS April 2010- Principal Deputy Washington, DC
Administration PJanuary 2016 Administrator;
for Community Senior Disability
Living/ Policy Advisor,
Administration on Commissioner of
Children and the
Families Administration on
Intellectual and
Developmental
Disabilities
------------------------------------------------------------------------
U.S. House of September 2007- Senior Disability Washington, DC
Representatives, April 2010 Policy Advisor
Committee on (also detailed to
Education and Obama
Labor (Chairman presidential
George Miller) transition team
at the Department
of Education,
November 2008-
January 2009)
------------------------------------------------------------------------
The Arc of Oregon/ January 2007- Kennedy Fellow Washington, DC
Joseph P. Kennedy September 2007 assigned to U.S.
Foundation Senate HELP
Fellowship Subcommittee on
Children and
Families
------------------------------------------------------------------------
The Arc of Oregon/ June 2003- Public Policy Portland, OR
The Arc of December 2006 Director and part- and Salem, OR
Multnomah/ Oregon time contractor,
Developmental depending upon
Disabilities projects and
Coalition funding
------------------------------------------------------------------------
Oregon Council on December 2002- Independent Salem, OR
Developmental July 2003 contractor--grass
Disabilities/ roots organizing
Community and advocacy work
Partnerships with the
developmental
disabilities
community
------------------------------------------------------------------------
Design Matters, January 1994- Owner of a small Portland, OR
Inc. August 2005 business
providing
communications,
graphic design,
and marketing
services
------------------------------------------------------------------------
Wieden + Kennedy September 1991- Graphic Designer; Portland, OR
December 1993 Director of
(estimated) Studio
------------------------------------------------------------------------
Misc Advertising 1989-1991 Freelance graphic Los Angeles, CA
Agencies in Los (estimated) designer--contrac
Angeles--BBDO, tor
Hill Holliday,
Ogilvy and Mather
------------------------------------------------------------------------
Children's 1988-1989 Graphic designer Los Angeles, CA
Hospital of Los (estimated)
Angeles
------------------------------------------------------------------------
Washington 1986-1988 Graphic designer St. Louis, MO
University (estimated)
Medical Center,
St. Louis, MO
------------------------------------------------------------------------
10. Government experience (list any current and former advisory,
consultative, honorary, or other part-time service or positions with
Federal, State, or local governments held since college, including
dates, other than those listed above):
As part of my role at HHS (2010-2016), I participated in
Federal Advisory Committees, including serving as the
Designated Federal Officer for the President's Committee for
People with Intellectual Disabilities (PCPID), as a member of
the Interagency Autism Coordinating Committee, and as a member
of the Department of Labor Advisory Committee on Increasing
Competitive Integrated Employment for Individuals with
Disabilities.
Other State and local service (all volunteer positions): State
of Oregon Children's Workgroup, Salem, Oregon, Citizen
Appointee, November 2005-December 2006; Portland Public Schools
Special Education Advisory Council, 2001-2006; Multnomah County
Local Interagency Coordinating Council, 2001-2004.
11. Business relationships (list all current and former positions held
as an officer, director, trustee, partner (e.g., limited partner, non-
voting, etc.), proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, other business enterprise, or
educational or other institution):
I currently serve as an employee of Health Management
Associates, providing consulting services to a range of health
and human services clients.
12. Memberships (list all current and former memberships, as well as
any current and former offices held in professional, fraternal,
scholarly, civic, business, charitable, and other organizations dating
back to college, including dates for these memberships and offices):
Kathryn Weit Foundation: Member, Board of Directors, May 2021-
present.
Family Voices: Member, Board of Directors, November 2017-
present.
Disability Rights Education and Defense Fund: Member, Board of
Directors, May 2017-present.
Family Action Coalition Team: Member, Board of Directors,
October 2001-October 2007.
Disability Navigators (Oregon): Member, Board of Directors,
June 2003-December 2006.
American Association on Intellectual and Developmental
Disabilities: Member, 2016-present.
TASH: Member, 2002-2005, 2016-2018.
Oregon Developmental Disabilities Coalition: Member, 2004-2007.
The Arc of Oregon: Member, 2002-2007.
13. Political affiliations and activities:
a. List all public offices for which you have been a candidate
dating back to the age of 18.
None.
b. List all memberships and offices held in and services
rendered to all political parties or election committees,
currently and during the last 10 years prior to the date of
your nomination.
None.
c. Itemize all political contributions to any individual,
campaign organization, political party, political action
committee, or similar entity of $50 or more for the past 10
years prior to the date of your nomination.
To the best of my knowledge and recollection, this list
represents my political contributions over the past 10 years:
2020 Katie Porter for Congress: $50.
2020 Mingus Mapps for Portland City Council: $50.
2020 Biden Victory Fund: $850.
2019 DNC Services Corp $250.
2018 Sara Gelser for Oregon State Senate: $100.
2017 Judy Newman for Eugene 4j School Board: $50.
2016 Hillary Clinton Victory Fund: $750.
2012 Democratic Congressional Campaign Committee: $50.
2012 Obama for America: $420.
2012 Obama Victory Fund: $225.
14. Honors and awards (list all scholarships, fellowships, honorary
degrees, honorary society memberships, military medals, and any other
special recognitions for outstanding service or achievement received
since the age of 18):
2016 Association of University Centers on Disabilities Special
Recognition Award.
2014 Quality Trust Advocacy Award.
2010 Consortium for Citizens with Disabilities Chairman's
Award.
2009 CHADD (Children & Adults with ADHD) Public Policy Award.
2009 Council of State Administrators of Vocational
Rehabilitation Leadership Award.
2009 National Rehabilitation Association Lead on Award.
2008 Association of University Center on Disabilities Gold Star
Award.
2007 Oregon Council on Developmental Disabilities Champion
Award.
2006 Joseph P. Kennedy, Jr. Foundation Public Policy
Fellowship.
1987 Washington University Shepley Leadership Award.
1987 Omicron Delta Kappa, National Leadership Honor Society.
15. Published writings (list the titles, publishers, dates, and
hyperlinks (as applicable) of all books, articles, reports, blog posts,
or other published materials you have written):
Below is a list of published works, to the best of my knowledge
and recollection. Additional blogs, articles, and materials
published under my name during my time at U.S. Department of
Health and Human Service may be available at www.acl.gov.
Barth, S., Lewis, S., and Simmons, T. ``Medicaid Services for
People with Intellectual or Developmental Disabilities--
Evolution of Addressing Service Needs and Preferences.''
Medicaid and CHIP Payment Access Commission (MACPAC), October
2020, https://www.macpac.gov/publication/medicaid-services-for-
people-with-intellectual-or-developmental-disabilities-
evolution-of-addressing-service-needs-and-preferences/.
Lewis, S., Odendahl, R. ``Stakeholder Perspectives on Oregon
Case Management Services'' Report for Oregon Office on
Developmental Disabilities, May 2019, https://www.oregon.gov/
dhs/SENIORS-DISABILITIES/DD/Compass/case-management-
stakeholder-engagement-report-combined-2019-05.pdf.
Lewis, S., Patterson, R., Alter, M. ``Current Landscape:
Managed Long-Term Services and Supports for People with
Intellectual and Developmental Disabilities.'' American Network
of Community Options and Resources, June 2018, https://
www.ancor.org/sites/default/files/ancor_mltss_report_-
_final.pdf.
Edwards, B.C., Lewis, S., Patterson, R. Hummel, L. Four Briefs
on HCBS in Assisted Living: ``An Effective Person-Centered
Planning Process Is Key for Memory Care Units,'' ``Community
Integration Options and Resident Choice Are Key in Assessment
of Co-Located Assisted Living Communities and Inpatient
Facilities,'' ``Ensuring Individual Choice and Privacy,''
``Resolving Differences Between State Assisted Living Licensure
Requirements and HCBS Settings Rule.'' March 2018, https://
www.healthmanagement.com/knowledge-share/briefs-reports/four-
briefs-examine-new-home-community-base-services-settings-
rules/.
Lewis, S. ``Individuals with Intellectual and Developmental
Disabilities (Still) Want Their Natural Freedom,'' March 2017,
https://declarationforindependence
.org/in-2017-individuals-with-iddd-still-want-their-natural-
freedom/.
Patterson, R., Lewis, S., Edwards, B., VandenHeuvel, R.
``Access and Adequacy Review for Home and Community-Based
Services.'' American Network of Community Options and
Resources, December 2016, http://mykapp.org/wp-content/uploads/
2016/12/ANCOR-Access-and-Adequacy-Report-FINAL-1.pdf.
Grigal, M., Hart, D., Lewis, S. ``A Prelude to Progress:
Postsecondary Education and Students with Intellectual
Disabilities.'' Impact, Institute on Community Integration,
University of Minnesota, January 2011, https://
publications.ici.umn.edu/impact/23-3/a-prelude-to-progress-
postsecondary-education-
and-students-with-intellectual-disabilities.
Testimony before the U.S. Senate Committee on Health,
Education, and Labor--Improving Employment Opportunities for
People with Intellectual and Developmental Disabilities, March
2011, https://www.help.senate.gov/hearings/improving-
employment-opportunities-for-people-with-intellectual-
disabilities.
Testimony before the U.S. Equal Employment Opportunity
Commission, Hearing on Employment of People with Mental
Disabilities, March 2011, https://www.eeoc.gov/meetings/
meeting-march-15-2011-employment-people-mental-disabilities.
16. Speeches (list all formal speeches and presentations (e.g.,
PowerPoint) you have delivered during the past 5 years which are on
topics relevant to the position for which you have been nominated,
including dates):
I have not delivered any formal speeches or presentations
specifically on Social Security Administration programs or
policies in the past 5 years. To the best of my knowledge and
recollection, presentations on disability policy and/or
Medicaid from the past 5 years are listed below with links, as
applicable. I have included digital copies of presentations
when available.
Panelist, National Academy of Medicine Workshop, Optimizing
Care Systems for People with Intellectual and Developmental
Disabilities, December 2021: https://www.nationalacademies.org/
event/12-14-2021/exploring-an-optimal-integrated-care-system-
for-people-with-intellectual-and-developmental-disabilities-a-
workshop-day-3.
``#FreeBrittany, #FreeGrandma, #FreeUsAll--Are We Overdue in
Our Reform of Guardianship Law and Practice,'' National Home
and Community-Based Services Conference, December 2021.
Panelist, National Academy of Medicine Workshop, Financing that
Rewards Better Health and Well-Being, May 2021: https://
www.nap.edu/catalog/26332/financing-that-rewards-better-health-
and-well-being-proceedings-of.
Presentation to the Medicaid and CHIP Payment and Access
Commission (MACPAC)--Medicaid Services for People with
Intellectual and Developmental Disabilities, January 2021:
https://www.macpac.gov/public_meeting/january-2021-macpac-
public-meeting/.
Presentation on behalf of CMS and the Administration for
Community Living, Ensuring Continuity of Home and Community
Based Services During the COVID-19 Pandemic, April 2020:
https://3d5t3q1mzaay3etj951e0g0a-wpengine.netdna-ssl.com/wp-
content/uploads/2020/04/Ensuring-Continuity-of-HCBS-During-the-
COVID-19-Pandemic.pdf.
``Supported Decision-Making: The Path to Self-Determination.
Why It's Important to You and the People You Care For,'' Oregon
Health Sciences University, March 2021.
``HCBS Final Rule'' training series (public webinars) for
Hawaii Developmental Disabilities Division, November 2020-
present, https://health.hawaii.gov/ddd/waiver-providers/
medicaid-idd-waiver-providers-archive-training-providers/.
``The ADA Generation: Expecting Great Lives and Real Community
Membership,'' Pennsylvania Office of Developmental Programs
Everyday Lives Conference, January 2020.
``What's New in the DDA Waivers? A Deep Dive into the New
Service Definitions,'' Maryland Association of Community
Providers, December 2019.
``Supported Decision-Making, From Theory to Practice: Helping
People Keep Their Power to Decide!'' National Home and
Community-Based Services Conference, August 2019.
``Doing the IDD Two-Step Across the Country,'' Alliance
Colorado Six State Summit, June 2019.
``Ensuring Self-Determination through Supported Decision-
Making,'' Oregon Department of Human Services Case Management
Conference, June 2019.
``Managed Care: `Need to Knows' About Long-term Services and
Supports,'' National Lutheran Services in America Conference,
May 2019.
``Employment and Community Engagement in Medicaid: What Does
This Mean for People with Disabilities?'' The Arc of Houston,
November 2018.
``Thinking Bigger and Working Together: The Importance of
Collaboration, Community and Connections in a Changing LTSS
World,'' Wisconsin Aging Advocacy Network, September 2018.
``Supporting Choice in an Increasingly Complex World: What a
Great Time for Self-Direction!'' Applied Self-Direction
Conference, May 2018.
``Lessons Learned: Disability Advocacy,'' The Arc of Indiana
Conference, November 2017.
17. Qualifications (state what, in your opinion, qualifies you to
serve in the position to which you have been nominated):
I offer a unique combination of personal and professional
experience that qualifies me to serve as a member of the Social
Security Advisory Board. As a professional who has dedicated
the past 25 years to working in disability policy, programs and
advocacy at the local, State, and Federal level, I understand
the critical importance of Social Security Administration
programs and policies for all Americans, especially people with
disabilities and older adults. And as parent to a young adult
who experiences significant lifelong disabilities, I know both
the opportunities and challenges presented to individuals who
depend upon the important benefits administered by Social
Security.
Serving in both Federal executive and legislative staff roles
has provided me with valuable insight and policy experience
that will inform my service. Throughout my disability policy
career, one common thread prevails--beneficiary engagement,
which I see as central to the Social Security Advisory Board's
work. I always seek to learn about and understand the varying
viewpoints of the people and families at the heart of policy
and program, and bring these perspectives and insights into my
efforts. Infusing human experiences into policy work serves as
a foundational reminder of why and how we are embarking to
improve and sustain critical programs, alongside the analysis
and consideration of data and research and the perspectives of
government officials, policy experts, economists and social
scientists.
B. FUTURE EMPLOYMENT RELATIONSHIPS
1. Will you sever all connections (including participation in future
benefit arrangements) with your present employers, business firms,
associations, or organizations if you are confirmed by the Senate? If
not, provide details.
No. The position for which I am being considered does not
require me to sever all connections with my current employers
or associations. I will however be bound by ethics agreements
made with the Office of Government Ethics (OGE), and will sever
any current or future potential or actual conflicts of interest
that are identified by OGE.
2. Do you have any plans, commitments, or agreements to pursue
outside employment, with or without compensation, during your service
with the government? If so, provide details.
Yes. The position for which I am being considered does not
require me to sever all connections with my current employers
or associations. I will continue to maintain my employment with
Health Management Associates. I will also continue my service
as a volunteer Director for the Kathryn Weit Foundation, Family
Voices and Disability Rights, and Education Defense Fund. I
will however be bound by ethics agreements made with the Office
of Government Ethics (OGE), and will sever any current or
future potential or actual conflicts of interest that are
identified by OGE.
3. Has any person or entity made a commitment or agreement to employ
your services in any capacity after you leave government service? If
so, provide details.
No.
4. If you are confirmed by the Senate, do you expect to serve out
your full term or until the next presidential election, whichever is
applicable? If not, explain.
Yes.
C. POTENTIAL CONFLICTS OF INTEREST
1. Indicate any current and former investments, obligations,
liabilities, or other personal relationships, including spousal or
family employment, which could involve potential conflicts of interest
in the position to which you have been nominated.
None.
2. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years (prior to the
date of your nomination), whether for yourself, on behalf of a client,
or acting as an agent, that could in any way constitute or result in a
possible conflict of interest in the position to which you have been
nominated.
None.
3. Describe any activity during the past 10 years (prior to the date
of your nomination) in which you have engaged for the purpose of
directly or indirectly influencing the passage, defeat, or modification
of any legislation or affecting the administration and execution of law
or public policy. Activities performed as an employee of the Federal
Government need not be listed.
Testimony before the Oregon House Committee on Human Services,
Supported Decision Making and HB2105, March 2021: https://
olis.oregonlegislature.gov/liz/2021R1/Measures/Testimony/
HB2105.
4. Explain how you will resolve any potential conflict of interest,
including any that are disclosed by your responses to the above items.
(Provide the committee with two copies of any trust or other
agreements.)
Any potential conflict of interest will be resolved in
accordance with the terms of my ethics agreement, which was
developed in consultation with ethics officials at the Social
Security Advisory Board and the Office of Government Ethics. I
understand that my ethics agreement has been provided to the
committee. I am not aware of any potential conflict other than
those addressed by my ethics agreement. If I have any questions
arise, I will consult with SSAB career ethics officials.
5. Two copies of written opinions should be provided directly to the
committee by the designated agency ethics officer of the agency to
which you have been nominated and by the Office of Government Ethics
concerning potential conflicts of interest or any legal impediments to
your serving in this position.
I understand that my ethics agreement has been provided to the
committee along with the accompanying transmittal documents.
D. LEGAL AND OTHER MATTERS
1. Have you ever been the subject of a complaint or been
investigated, disciplined, or otherwise cited for a breach of ethics
for unprofessional conduct before any court, administrative agency
(e.g., an Inspector General's office), professional association,
disciplinary committee, or other ethics enforcement entity at any time?
Have you ever been interviewed regarding your own conduct as part of
any such inquiry or investigation? If so, provide details, regardless
of the outcome.
No.
2. Have you ever been investigated, arrested, charged, or held by any
Federal, State, or other law enforcement authority for a violation of
any Federal, State, county, or municipal law, regulation, or ordinance,
other than a minor traffic offense? Have you ever been interviewed
regarding your own conduct as part of any such inquiry or
investigation? If so, provide details.
No.
3. Have you ever been involved as a party in interest in any
administrative agency proceeding or civil litigation? If so, provide
details.
No.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, provide details.
No.
5. Please advise the committee of any additional information,
favorable or unfavorable, which you feel should be considered in
connection with your nomination.
None.
E. TESTIFYING BEFORE CONGRESS
1. If you are confirmed by the Senate, are you willing to appear and
testify before any duly constituted committee of the Congress on such
occasions as you may be reasonably requested to do so?
Yes.
2. If you are confirmed by the Senate, are you willing to provide
such information as is requested by such committees?
Yes.
______
Questions Submitted for the Record to Sharon Beth Lewis
Questions Submitted by Hon. Bill Cassidy
ssa operational concerns
Question. Thanks to each of you for choosing to serve the American
people, and for your willingness to help us better understand what is
going on at SSA. You all have deep, distinguished, and unique policy
backgrounds that will greatly benefit the Board's work.
My first question to you, however, is not focused on policy. In
fact, what many of us need here in Congress is a better operational
understanding of what is going on at SSA. There are many think tanks,
research organizations, and other groups that already do a good job
informing us on SSA policy matters. In general, what we need from the
SSAB is reports and recommendations on important operational matters,
including: initial disability claims backlog; field office and 800
number wait times; overpayments; electronic systems modernization;
outdated dictionary of occupational titles; poor employee morale--
lowest in the entire Federal Government; and lack of performance
metrics provided to Congress by SSA.
With this in mind, can you describe how your background can help
Congress better understand the current serious operational issues
facing SSA?
Answer. In developing reports and recommendations on operational
matters, if confirmed to the SSAB, I would draw upon my leadership
experience at HHS in the Administration for Community Living (ACL), as
well as my work with large State agencies across the country and my
experience in serving as staff to congressional committees. Each of the
complex issues noted here deserve SSAB's time and attention; my
background considering research and data, while working with a wide
range of stakeholders to understand how public agencies can best
deliver exceptional customer service, is particularly relevant to these
concerns and the opportunities for improvement.
In terms of employee morale, I believe the vast majority of people
who serve in Federal agencies have chosen this path because of their
passion and commitment to serve. At ACL, as a newly established
division bringing together staff from several different Federal
departments, one of our priorities was developing and maintaining
positive employee morale. We frequently engaged with staff at multiple
levels of the organization, both locally and across the country, to
understand both the reasons staff came to do the work (the ``why''
motivating that commitment) and the challenges employees face. We
worked together to make sure team members' contributions were effective
and valued, and collaboratively sought to address barriers to success.
I hope, if confirmed, to use this experience in working with
Commissioner O'Malley and his leadership team to better understand the
root causes affecting employee morale at SSA, and assist with
recommendations to SSA and Congress for positive change.
Question. I am particularly concerned with the lack of performance
metrics provided to Congress by SSA. Agency leadership regularly come
to the Hill to ask for more funding, justifying this by providing only
output data. This reminds me of the signs you used to see in front of a
McDonalds: ``Millions and Millions Served.'' Millions may have eaten
there, but was the food acceptable?
How can the SSAB help Congress access and understand historical
performance data from SSA? For example, how can we find out the ``cost
per retirement claim'' over, let's say, the last 20 years?
Answer. While I am not an expert in SSA performance metrics and the
barriers the agency may face in delivering historical data, if I am
confirmed to the SSAB, I will work with my fellow Board members to
better understand the challenges and how they might be addressed to
provide the information Congress needs.
Question. As part of prepping for a hearing, like every one of my
colleagues here, I asked my staff to speak with SSA policy leaders,
researchers, and past senior staff at the agency. In this case, we
asked them their thoughts on how useful the SSAB has been to the
agency, to Congress and the administration, and the American people.
The responses we received were decidedly mixed. Some wonder if the SSAB
should even exist in its current structure, or if its structure is even
constitutional in light of recent court decisions.
As part of my work on this committee, my staff and I have
interacted extensively with MedPAC, the Medicare Payment Advisory
Commission. It is supposed to serve a somewhat similar role to the
SSAB, to advise Congress on issues related to the Medicare program, and
its work has been very useful to many of us on this committee and
across Congress. The resources given to MedPAC, are similar to that
given to the SSAB, yet SSAB does not seem to have been as useful to
Congress and the American people.
How can the SSAB better serve its primary customers: Congress, the
administration, SSA, and the American people? Should we look at
reforming the structure of the SSAB? If so, what would you recommend?
Answer. As an Advisory Board with bipartisan membership, it is
critical that the SSAB continue to operate on a consensus basis. I
believe the SSAB has been most effective when it has had a full
complement of members, holds public meetings and roundtables drawing on
a wide range of perspectives and data, supports expert technical
panels, uses research and stakeholder engagement to identify
opportunities for improvements, and from these efforts develops
consensus-based actionable recommendations for Congress, the
administration, and SSA. In recent years, SSAB has often operated with
fewer than seven members, yet despite this limitation the Board has
issued many important reports with recommendations including topics
ranging from work-related overpayments in disability programs, how SSA
could use evidence-based measures to improve customer service, ideas to
improve the disability determination process, to potential updates to
the representative payee program. Additionally, making the work of SSAB
more accessible and ensuring complex SSA topics are more understandable
to the American people is also critical, in particular under the
Board's statutory charge to increase public understanding of the Social
Security system.
______
Questions Submitted by Hon. Chuck Grassley
Question. One of the responsibilities of the Social Security
Advisory Board is to make recommendations to the President and Congress
regarding policies that will ensure the solvency of the Social Security
trust funds. As you likely know, the Congressional Budget Office
estimates that the Social Security trust funds will become insolvent in
2033. It is vital that Congress take action to extend the solvency of
Social Security to protect our Seniors hard earned benefits.
As a member of the Social Security Advisory Board, how would you
help advise Congress as we act to ensure the solvency of Social
Security?
Answer. Should I be confirmed as a member of the SSAB, I believe
one aspect of my role is to work with my fellow Board members to help
ensure the extensive body of research and policy development ideas to
improve the solvency of Social Security are considered by Congress,
along with understanding the potential impacts of any reforms on both
current and future retirees, workers, and people with disabilities.
Addressing the solvency concerns of Social Security programs will
require some combination of increasing revenue available for SSA
programs and/or potential reductions in growth of benefits. Regardless
of which difficult path Congress takes, the best solution likely
requires political compromise and an honest effort to determine how
options will affect people across the economic spectrum. As a
bipartisan body that operates on a consensus basis, I hope the SSAB can
continue to contribute information and possible solutions to the debate
in a way that brings people together.
Question. Aside from the impending Social Security shortfall, what
do you believe to be a major challenge facing Social Security, and what
should Congress or the President do to address it?
Answer. The complexity and frustration people with disabilities
(including families of children) face in accessing and maintaining
Supplemental Security Income and Social Security Disability Insurance
benefits are important issues the administration and Congress should
work to address. The longstanding problems of the disability
determination process and backlog, and the difficulties claimants face,
undermine the public's trust and confidence in the SSA programs.
The length of time and the extensive process involved in disability
determinations leaves economically disadvantaged people without the
critical income support they need, often for months and sometimes for
years. A recent SSAB summary \1\ of a series of roundtables with policy
and program experts discusses a wide range of potential solutions to
improve and simplify the disability determination process, involving
both administrative actions and potential legislative changes. Some of
the promising ideas to better the experiences of claimants include
efforts to simplify processes and increase accessibility, clarify
questions and language on claim forms to make them more user-friendly,
expand acceptable medical sources allowed to provide evidence, improve
the quality of consultative examinations, communicate more effectively
with claimants throughout the process, and increase access to third-
party assistance such as the SAMHSA SSI/SSDI Outreach, Access and
Recovery (SOAR) model.
---------------------------------------------------------------------------
\1\ https://s3-us-gov-west-1.amazonaws.com/cg-778536a2-e58c-44f1-
9173-29749804ec54/uploads
/2020/10/Summary-of-Disability-Process-Improvement-Roundtables-
final.pdf.
Additionally, SSI needs attention from Congress and the
administration to modernize the program, including reducing complexity
and bringing the stringent asset and income limits up to date. The
current restrictions, which have been in effect for 4 decades, limit
SSI recipients from accessing enough income to minimally subsist
without substantial hardship, and to save more than $2,000. Further,
provisions of the law both penalize recipients and demand complicated
and expensive processes to administer, including the in-kind support
and maintenance requirements, the treatment of married couples'
resources, the impact of the lag time involved in monthly fluctuations
in employment income resulting in overpayments, and the low-income
disregard amounts. Updating SSI could not only improve the lives of
millions of very-low income people who rely upon this benefit, but
---------------------------------------------------------------------------
could also reduce agency costs in administering the program.
Question. Given that your professional experience has mostly
focused on disability policy, please explain how you think Social
Security can best be improved to serve those with disabilities?
Answer. For people with disabilities, some of the most critical
improvements to Social Security involve addressing the difficulties in
the disability determination process and updating the SSI program, as I
noted in my response to the prior question. I also think there are
other areas of SSA disability policy that warrant attention from the
SSAB, including the need to consider changes to the current processes
for overpayment waivers and recoupment when a claimant acts in good
faith. Further, continuing to look at barriers to participation in SSA
work incentives and improving opportunities to engage in competitive
integrated employment without fear of losing critical health or long-
term services benefits is another issue of particular importance to
people with disabilities. In addition, the SSAB could consider the
effectiveness of ABLE accounts through an equity lens, assessing how
access and participation could be increased for particular
subpopulations, which could result in recommendations for improvements
as the ABLE program reaches the end of the first decade of
implementation.
______
Questions Submitted by Hon. Tim Scott
Question. One area I'm hoping you can commit to focusing on is the
Social Security Administration's electronic consent-based SSN
verification system, also known as the eCBSV. By enacting my Preventing
Children From Identity Theft Act, Congress directed the SSA to build
this system so synthetic identity fraud could be detected and prevented
in real time. Criminals create a synthetic identity by combining SSNs,
names, and dates of birth of multiple people (or fabricating some of
that information). A criminal uses this identity to apply for credit,
slowly building a credit profile over time, and finally, obtaining a
large amount of credit, with no intent to repay. Victims are usually
children, as most parents are not checking their child's credit report
and their SSNs are rarely used until their late teens. We understand
synthetic identity fraud is the fastest growing type of financial crime
in the U.S. As the only true owner of SSN information, SSA is integral
to stopping this fraud. The eCBSV system allows financial institutions
and their service providers to submit a name, SSN, and date of birth to
the SSA to see if it is a match or no match to SSA's records. A no
match may be a case of synthetic identity fraud. While the system is
now up and running, I am concerned about reported cost overruns and
SSA's overly aggressive timeline to recover these costs.
Will you commit to working with your fellow Board members to help
ensure that the SSA's eCBSV is as successful and as cost efficient as
possible?
Answer. While this is not an area of expertise for me, I will
commit to learning more about eCBSV and to working with other members
of the SSAB to identify how this initiative can best fulfill its
objectives in the most cost-efficient manner, should I be confirmed.
Question. Social Security is a vital pillar of the American
retirement system. Retirement and disability benefits represent
approximately 30 percent of total income for the median beneficiary
household headed by someone age 65 or over; \2\ for more than 1 in 10
of such households, Social Security provides at least 90 percent of
income. But the program faces a major financial challenge. Benefits
paid out by Social Security are set to far exceed its income from the
payroll tax and other sources. Without action by Congress,
beneficiaries will face a 23 percent benefit cut in 2033--just 10 years
from now--as the program's primary trust fund runs dry. Such an outcome
would have severe consequences. Addressing this issue is within our
realm, but we require an advisory board that is ready to collaborate
with us in Congress to develop and improve solutions.
---------------------------------------------------------------------------
\2\ https://www.ssa.gov/news/press/factsheets/basicfact-alt.pdf.
Can you share your view on this issue, and what are some solutions
---------------------------------------------------------------------------
that you think Congress should look at in addressing this issue?
Answer. I believe that addressing the solvency concerns of Social
Security programs will require some combination of increasing revenue
available for SSA programs and/or potential reductions in growth of
benefits. Regardless of which difficult path Congress takes, the best
solution likely requires political compromise and an honest effort to
determine how options will affect people across the economic spectrum.
Question. Given the critical role of Social Security and the
imminent financial challenge it faces, could you share your perspective
on the potential impact of a 23-percent benefit cut in 2033 and how the
SSAB could contribute to collaborative efforts with Congress to address
this issue?
Answer. I agree that Social Security is a vital pillar of our
country's retirement and disability systems. Such a significant benefit
cut would be devastating to the millions of people who count on it.
Should I be confirmed as a member of the SSAB, I believe one aspect of
my role is to work with my fellow Board members to help ensure the
extensive body of research and policy development ideas to improve the
solvency of Social Security are considered by Congress, along with
understanding the potential impacts of any reforms on current and
future retirees, workers, and people with disabilities. As a bipartisan
body that operates on a consensus basis, I hope the SSAB can continue
to contribute information and possible solutions to the debate in a way
that brings people together.
Question. Separate from Social Security's Old-Age and Disability
Insurance programs, SSA also administers the Supplemental Security
Income program, which provides crucial monthly assistance to nearly 8
million older adults, and people with disabilities who have little or
no earnings. SSI beneficiaries--40 percent of whom live in poverty with
these benefits--are allowed to have assets of up to $2,000, or $3,000
for a couple. These asset limits penalize marriage, work, and saving.
In light of the issues related to asset limits affecting marriage,
work, and savings for SSI beneficiaries, could you provide insights for
potential reforms or enhancements that might alleviate these challenges
and improve the program's effectiveness in assisting individuals with
limited or no earnings?
Answer. The SSI program's asset limits are outdated, having not
been adjusted in 40 years. I agree the current resource limits create
substantial barriers for beneficiaries to save, penalize marriage, and
discourage employment. Additionally, the agency's work of monitoring
beneficiaries' bank accounts and personal resources, tracking in-kind
support and maintenance, and reviewing income over the very low
disregard amounts is complicated and inconsistent, requiring a
disproportionate share of SSA resources to administer the program while
also creating confusion for beneficiaries and families. Updating the
asset limits to align with contemporary financial realities, as well as
simplifying aspects of the program that are overly burdensome, would
improve the program's effectiveness. Should Congress act to address the
asset limits, it is also important to avoid future erosion of the value
of the benefits by establishing a mechanism to adjust the resource and
income limits through an appropriate index.
______
Prepared Statement of Corey Anne Tellez, Nominated to be Deputy Under
Secretary/Designated Assistant for Legislative Affairs, Department of
the Treasury
Chairman Wyden, Ranking Member Crapo, and members of the Finance
Committee, I appreciate the opportunity to be considered for the
position of Assistant Secretary for Legislative Affairs for the U.S.
Department of the Treasury. I want to thank President Biden and
Secretary Yellen for their support, as well as Senator Durbin for his
generous introduction.
I also would like to thank my family: my mother, stepfather, and
sister, who have provided unconditional love and encouragement; my
fiance Mike, who supports me in ways big and small every day; our
daughter, who has brought more joy to our lives than we could've
imagined; and an amazing group of friends who have encouraged me,
counseled me, and kept me humble.
At a young age, I was fascinated by the stories of people who
shaped our country and communities. Before I knew that public policy
could be a profession, I was drawn to the idea of creating laws to
improve the community in which I grew up. My sister and I were raised
in the south suburbs of Chicago by a single mom who sacrificed
tirelessly to ensure we had what we needed. She taught us by example to
always act with honesty and integrity in our personal and professional
lives. Helping to create and implement policies to improve the lives of
working families like ours has motivated me every day.
After law school, I moved to Washington, DC to see the work of
Congress first-hand. Like many congressional staffers, I started as an
unpaid intern, working a second job to make ends meet. Over the next 5
years, I had the opportunity to work for three House members:
Congressman Cuellar from Texas, Congresswoman McCarthy from New York,
and Congresswoman Halvorson from Illinois. I thank these members for
trusting me to serve their constituents and for teaching me how the
legislative and executive branches work together in practice to best
serve the American people. Whether I was working with constituents on
grant applications or managing a team advancing legislation, I
experienced the importance of this partnership and valued the close
collaboration with Democratic and Republican administrations on issues
big and small.
In 2011, I joined Senator Durbin's office, where I served for
nearly 11 years as his Economic Legislative Assistant, Legislative
Director, and Deputy Chief of Staff. I was proud to work on behalf of
constituents in Illinois, where most of my family resides and which I
still consider home. I will always be grateful to Senator Durbin and
his incredible team who embody what it means to dedicate your life to
helping others.
During my time in the Senate, I spent many long hours, late nights,
and weekends working with others to find common ground, often on
challenging issues under short deadlines. Having grown up in a large
family with diverse views, I understand the importance of respectful
debate and discussion. Relying on the values instilled in me by my
family, I developed relationships with staff on both sides of the aisle
who, like me, were motivated to improve people's lives, even if we had
different ideas about how best to do so.
When I joined Treasury's Office of Legislative Affairs in 2022, I
brought with me lessons learned over a 16-year career on Capitol Hill.
To name just a few, the value of bipartisanship, the willingness to
compromise, and the importance of an open line of communication between
Congress and the executive branch. During my time at Treasury, I have
been accessible and responsive to members of Congress and their staff,
and if confirmed, I look forward to continuing to be a partner to you
and your colleagues across Congress.
Finally, I want to thank your staff. Their hard work makes a
hearing like this possible, and I appreciate the professionalism they
have shown me. I look forward to continuing this engagement if I am
privileged enough to be confirmed.
I look forward to your questions.
______
SENATE FINANCE COMMITTEE
STATEMENT OF INFORMATION REQUESTED
OF NOMINEE
A. BIOGRAPHICAL INFORMATION
1. Name (include any former names used): Corey Anne Tellez.
2. Position to which nominated: Deputy Under Secretary (Legislative
Affairs) of the Treasury.
3. Date of nomination: November 13, 2023.
4. Address (list current residence, office, and mailing addresses):
5. Date and place of birth: September 23, 1980, LaGrange, Illinois.
6. Marital status (include maiden name of wife or husband's name):
7. Names and ages of children:
8. Education (list all secondary and higher education institutions,
dates attended, degree received, and date degree granted):
University of Illinois, Urbana-Champaign, 1998-2001, Bachelor
of Science 12/2001.
University of Illinois College of Law, 2002-2005, Juris Doctor
5/2005.
9. Employment record (list all jobs held since college, including the
title or description of job, name of employer, location of work, and
dates of employment for each job):
U.S. Department of the Treasury, Office of Legislative Affairs
(January 2022-present), Washington, DC.
Principal Deputy Assistant Secretary (November 2022-present).
Deputy Assistant Secretary (International Affairs) (January
2022-November 2022).
Office of U.S. Senator Dick Durbin (April 2011-January 2022),
Washington, DC.
Deputy Chief of Staff (April 2019-January 2022).
Legislative Director (August 2015-April 2019).
Legislative Assistant (April 2011-August 2015).
Office of Representative Debbie Halvorson (January 2009-January
2011), Washington, DC.
Deputy Chief of Staff/Counsel (December 2009-January 2011).
Legislative Director (January 2009-December 2009).
Office of Representative Carolyn McCarthy (February 2007-
January 2009), Washington, DC.
Legislative Assistant.
Office of Representative Henry Cuellar (September 2005-February
2007), Washington, DC.
Grants Coordinator/Legislative Assistant (July 2006-February
2007).
Scheduler (April 2006-June 2006).
Staff Assistant (March 2006).
Intern (unpaid) (September 2005-March 2006).
Ruth's Chris Steakhouse (10/2005-2014), Arlington, VA.
Hostess.
State Net (2/2006-12/2006), Alexandria, VA.
Temporary research assistant.
Curzon Staffing (9/2005-10/2005), Alexandra, VA.
Temporary worker.
Kennedy's at Stone Creek Restaurant (2005), Urbana, IL.
Server.
Brady Center to Prevent Gun Violence (Summer 2004), Washington,
DC.
Legal Intern.
Magistrate Judge David G. Bernthal (Summer 2003), Urbana, IL.
Legal Extern.
Professor B. Ginsburg, Professor of Law and Political Science
(2003-2004), Urbana, IL.
Research Assistant.
Bogart's Charhouse (2002), Tinley Park, IL.
Server.
10. Government experience (list any current and former advisory,
consultative, honorary, or other part-time service or positions with
Federal, State, or local governments held since college, including
dates, other than those listed above):
N/A.
11. Business relationships (list all current and former positions held
as an officer, director, trustee, partner (e.g., limited partner, non-
voting, etc.), proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, other business enterprise, or
educational or other institution):
N/A.
12. Memberships (list all current and former memberships, as well as
any current and former offices held in professional, fraternal,
scholarly, civic, business, charitable, and other organizations dating
back to college, including dates for these memberships and offices):
Illinois Bar Association (2005-present; member).
Jenkins Hill Society (2014-2017; member).
Congressional Hispanic Staff Association (2007-2022; member).
National Hispanic Bar Association (2005-present; member).
Senate Employee Child Care Center (2018-2021; member).
Latino/a Law Student Association (2002-2005; member; served as
Secretary during the 2003-2004 school year).
Elder Law Journal, University of Illinois College of Law (2003-
2005; member; Writing Competition Coordinator).
13. Political affiliations and activities:
a. List all public offices for which you have been a candidate
dating back to the age of 18.
None.
b. List all memberships and offices held in and services
rendered to all political parties or election committees,
currently and during the last 10 years prior to the date of
your nomination.
None.
c. Itemize all political contributions to any individual,
campaign organization, political party, political action
committee, or similar entity of $50 or more for the past 10
years prior to the date of your nomination.
10/21/2020; Detsy Dirksen Longrigan for Congress; $100.
10/01/2020; Biden for President; $1,000.
10/01/2020; Biden Victory Fund; $1,000.
05/31/2017; Stabenow for U.S. Senate; $250.
03/14/2017; Heidi for Senate; $150.
10/20/2016; IL/NH Victory Fund; $300.
07/15/2016; Julia Brownley for Congress; $300.
07/15/2016; Friends of Elizabeth Esty; $150.
07/15/2016; Kyrsten Sinema for Congress; $150.
07/15/2016; DelBene for Congress; $150.
07/15/2016; Kuster for Congress; $150.
02/21/2016; Friends of Cheri Bustos; $300.
09/09/2015; People for Patty Murray; $300.
06/27/2015; Friends of Cheri Bustos; $150.
04/29/2015; Julia Brownley for Congress; $150.
14. Honors and awards (list all scholarships, fellowships, honorary
degrees, honorary society memberships, military medals, and any other
special recognitions for outstanding service or achievement received
since the age of 18):
Dean's List (various semesters).
University of Illinois Lincoln Scholar (1998).
15. Published writings (list the titles, publishers, dates, and
hyperlinks (as applicable) of all books, articles, reports, blog posts,
or other published materials you have written):
N/A.
16. Speeches (list all formal speeches and presentations (e.g.,
PowerPoint) you have delivered during the past 5 years which are on
topics relevant to the position for which you have been nominated,
including dates. Provide the committee with one digital copy of each
formal speech and presentation.)
N/A.
17. Qualifications (state what, in your opinion, qualifies you to
serve in the position to which you have been nominated):
I had the honor of serving four members of Congress in both the
House and Senate over a period of nearly 16 years, including
most recently serving as Deputy Chief of Staff to the
Democratic Whip, Senator Dick Durbin. Over the last nearly 2
years, I have served in the Biden-Harris administration in the
Office of Legislative Affairs at the U.S. Department of the
Treasury, where I have worked with a team of dedicated
professionals responsible for facilitating robust engagement
with the legislative branch and advising the Secretary on
matters related to Congress.
I have developed a deep understanding of Congress, and I have a
proven record of working to find common ground and to develop
bipartisan policy solutions. I have nearly a decade of
experience managing and motivating a team of professionals to
identify solutions and respond to constituencies and
stakeholders by thinking creatively to meet established goals.
Engagement consistent with the checks and balances under the
Constitution between the legislative and executive branches of
government is vital to our democracy. If confirmed, my
experience and background will allow me to lead and support
this critical engagement between the Department of the Treasury
and Congress.
B. FUTURE EMPLOYMENT RELATIONSHIPS
1. Will you sever all connections (including participation in future
benefit arrangements) with your present employers, business firms,
associations, or organizations if you are confirmed by the Senate? If
not, provide details.
Yes.
2. Do you have any plans, commitments, or agreements to pursue
outside employment, with or without compensation, during your service
with the government? If so, provide details.
No.
3. Has any person or entity made a commitment or agreement to employ
your services in any capacity after you leave government service? If
so, provide details.
No.
4. If you are confirmed by the Senate, do you expect to serve out
your full term or until the next presidential election, whichever is
applicable? If not, explain.
Yes.
C. POTENTIAL CONFLICTS OF INTEREST
1. Indicate any current and former investments, obligations,
liabilities, or other personal relationships, including spousal or
family employment, which could involve potential conflicts of interest
in the position to which you have been nominated.
None.
2. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years (prior to the
date of your nomination), whether for yourself, on behalf of a client,
or acting as an agent, that could in any way constitute or result in a
possible conflict of interest in the position to which you have been
nominated.
None
3. Describe any activity during the past 10 years (prior to the date
of your nomination) in which you have engaged for the purpose of
directly or indirectly influencing the passage, defeat, or modification
of any legislation or affecting the administration and execution of law
or public policy. Activities performed as an employee of the Federal
Government need not be listed.
N/A.
4. Explain how you will resolve any potential conflict of interest,
including any that are disclosed by your responses to the above items.
(Provide the committee with two copies of any trust or other
agreements.)
In connection with the nomination process, I have consulted
with the Office of Government Ethics and the Designated Agency
Ethics Official at the Department of the Treasury to identify
any potential conflict of interest. Any conflict of interest
will be resolved according to the terms of an ethics agreement
that I have entered into with the Treasury Department's
Designated Agency Ethics Official and that will be provided to
this committee. In the event that an actual or potential
conflict of interest arises during my appointment, I will
consult with the Treasury Department's ethics counsel and take
the measures necessary to resolve the conflict.
5. Two copies of written opinions should be provided directly to the
committee by the designated agency ethics officer of the agency to
which you have been nominated and by the Office of Government Ethics
concerning potential conflicts of interest or any legal impediments to
your serving in this position.
I understand that my ethics agreement has been provided to the
committee along with the accompanying transmittal documents.
D. LEGAL AND OTHER MATTERS
1. Have you ever been the subject of a complaint or been
investigated, disciplined, or otherwise cited for a breach of ethics
for unprofessional conduct before any court, administrative agency
(e.g., an Inspector General's office), professional association,
disciplinary committee, or other ethics enforcement entity at any time?
Have you ever been interviewed regarding your own conduct as part of
any such inquiry or investigation? If so, provide details, regardless
of the outcome.
No.
2. Have you ever been investigated, arrested, charged, or held by any
Federal, State, or other law enforcement authority for a violation of
any Federal, State, county, or municipal law, regulation, or ordinance,
other than a minor traffic offense? Have you ever been interviewed
regarding your own conduct as part of any such inquiry or
investigation? If so, provide details.
No
3. Have you ever been involved as a party in interest in any
administrative agency proceeding or civil litigation? If so, provide
details.
No
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, provide details.
No.
5. Please advise the committee of any additional information,
favorable or unfavorable, which you feel should be considered in
connection with your nomination.
None.
E. TESTIFYING BEFORE CONGRESS
1. If you are confirmed by the Senate, are you willing to appear and
testify before any duly constituted committee of the Congress on such
occasions as you may be reasonably requested to do so?
Yes.
2. If you are confirmed by the Senate, are you willing to provide
such information as is requested by such committees?
Yes.
______
Questions Submitted for the Record to Corey Anne Tellez
Questions Submitted by Hon. Bill Cassidy
treasury department--bipartisan collaboration
Question. You are currently the Acting Assistant Secretary for
Legislative Affairs, the position for which you are now nominated.
Prior to joining Treasury, you served as Deputy Chief of Staff and
Legislative Director to Senate Majority Whip Senator Richard J. Durbin
(D-IL). In that role you worked closely with my team to help pass
INFORM Consumers, a common-sense bipartisan policy that is now law.
Given your track record of working well across the aisle, can you
tell us how your past experience has informed your ability to both
communicate with and work with offices in your acting capacity within
the Department of Treasury?
Answer. What motivates me every day is helping to create and
implement policies that improve the lives of people across the country.
From my professional experience, I bring a deep appreciation for open
dialogue between Congress and the executive branch and the importance
of working to find common ground on tough issues. During my 16-year
career on the Hill, I built and maintained relationships with staff and
members on both sides of the aisle to deliver results that benefited
the American people. This work included legislation like the INFORM
Consumers Act you mention and annual appropriations bills, just to name
a few. I also requested and relied on timely and accurate information
from executive branch agencies to resolve constituent issues, develop
legislation that would be administrable, and ensure effective
implementation of laws passed by Congress. I have applied these lessons
to my current role at Treasury as Acting Assistant Secretary for
Legislative Affairs. During my time at Treasury, I have worked to
ensure my team and the Department are responsive to Congress so members
and staff have the information they need to accomplish their
legislative goals. I have worked with offices on both sides of the
aisle to ensure the Department understands and addresses Congressional
priorities in Treasury's purview. I would look forward to continuing
this engagement with and responsiveness to Congress, if I am confirmed.
Question. If confirmed, can you tell us how you will further
strengthen the relationship between the Treasury Legislative Affairs
office and the Hill?
Answer. If confirmed, I commit to being a full partner to your
office, the Senate Finance Committee, and all of Congress. I will
ensure we provide timely, accurate responses to congressional
inquiries, whether official correspondence, questions for the record,
briefing requests, or other means. I will foster an environment that
provides for open dialogue between the Department and Congress, so that
we understand congressional priorities, elevate those respectfully
within the Department so they can be addressed, and ensure we are
sharing updates on Treasury's work that are of interest to Congress. If
confirmed, I look forward to being a resource to Congress, and would
continue the direct, frequent engagement I have had thus far during my
time at Treasury.
______
Questions Submitted by Hon. Chuck Grassley
Question. While fulfilling my constitutional obligation to conduct
oversight of the executive branch of government, I and my staff
frequently ask questions of and request information from components of
the Treasury Department and specifically the Internal Revenue Service.
I am concerned that it may take longer to receive responses and
information if requests to components of Treasury are also scrubbed by
main Treasury.
Do you agree that components of the Treasury Department, such as
the Internal Revenue Service, should be able to respond to questions
and requests for information from members of Congress directly without
the Treasury Department itself acting as a bottleneck and slowing down
the flow of information?
Will you encourage staff throughout the Treasury Department to
respond to questions and requests from members of Congress freely
without seeking approval from yourself or other Treasury leadership?
Answer. Individual Treasury bureaus, including the Internal Revenue
Service, have legislative affairs offices that regularly answer
questions and inquiries from congressional offices. I agree that it is
important for these legislative affairs offices to be able to act
quickly to respond to urgent congressional requests, including
constituent inquiries.
When responding to any congressional inquiry, Treasury strives to
ensure that it is providing the most accurate, comprehensive
information that reflects the position of the Department as a whole.
There are many matters on which various Treasury bureaus and offices
work together closely and collaboratively, including matters where the
Internal Revenue Service coordinates with Treasury's Office of Tax
Policy. Accordingly, different Treasury components sometimes work
together to respond to a congressional inquiry relating to any such
matter. This ensures that all relevant internal stakeholders are given
an opportunity to contribute to the response, so that Congress can get
an accurate and complete response on which it can rely.
Question. On Friday, February 10, 2023, Secretary Yellen finally
responded to written questions sent to her after a June 7, 2022,
hearing on the President's Fiscal Year 2023 budget request. Aside from
being unprofessionally extremely late, the response included the
disclaimer that ``Secretary Yellen's responses to these questions for
the record reflect information available as of the date of receipt of
these questions, June 16, 2022.'' Considering the responses were
received nearly 8 months after the questions were asked, this
disclaimer was entirely inappropriate.
Unfortunately, this lengthy delay is not unusual for the length of
time it has taken Treasury officials to respond to written questions
for the record.
How long do you think is appropriate for members of this and other
committees to wait for responses to written questions?
If it is not possible to respond promptly or other considerations
need to be made when responding to my questions or requests, do you
pledge to discuss those issues with myself or my staff, and not let
others determine the conditions under which my inquiries are responded
to?
Answer. The goal of Treasury's Office of Legislative Affairs is to
get you information that is accurate, is up to date, and reflects the
position of the Department as a whole. Since you are relying on this
information to conduct your legislative work, it is important that we
get things right.
Questions for the record often span a broad range of issues,
including many issues on which various Treasury offices work closely
and collaboratively. Upon receiving questions for the record, the
Office of Legislative Affairs promptly begins the process of
coordinating with subject-matter experts across the Department to
obtain accurate and timely responses that reflect the views of all
relevant stakeholders. This process can take considerable time, even
though the Department is making every effort to respond quickly.
If confirmed, I commit that I will do all that I can to ensure
these processes work smoothly and expeditiously. The Department is, and
will remain, an important partner for Congress as it works to fulfill
its legislative agenda.
______
Questions Submitted by Hon. Todd Young
Question. One of the important roles that Congress plays in
relation to the executive branch is providing oversight of executive
branch activities.
How do you plan to work with members of this committee and their
staff to ensure members are able to effectively engage with the
Treasury Department and provide critical oversight of the department?
Answer. I deeply value the oversight role of Congress and believe
government functions best when Congress conducts robust and rigorous
oversight to identify waste, fraud, and abuse. After having been a
staffer on the Hill for 16 years, I know firsthand how important the
relationship between Congress and the executive branch is for effective
oversight and for enacting and implementing policies that help the
American people. The Department endeavors to be responsive to all
inquiries that we receive from members of Congress, and the goal of the
Office of Legislative Affairs is always to provide Congress information
that would be helpful to inform its work.
If confirmed, I will foster an open dialogue between Congress and
Treasury by ensuring members and staff have access to Treasury experts
and leadership to discuss issues important to them, hearing from
Congress about their priorities and relaying those priorities
respectfully within the Department, and engaging with both sides of the
aisle. If confirmed, one of my top priorities will also be to provide
Congress with timely and accurate responses because I know how
essential this information is for the work of Congress.
Question. In this role, you would be tasked with advising the
Secretary of the Treasury on congressional policy matters.
Can you please outline how you intend to ensure transparency
between the Treasury Department and Congress if confirmed to this role?
Answer. During my time on Capitol Hill and at Treasury, I have seen
firsthand how critical open dialogue and regular engagement between
these two branches of government is for developing and implementing
policies that benefit the American people. If confirmed, I would look
forward to being a full partner to this committee. What that means to
me is that I would regularly engage with Congress to understand
congressional priorities, elevate these issues within the Department
and work to address these priorities, share information with Congress
about Treasury programs and implementation of laws passed by Congress,
and provide timely, accurate responses to congressional inquiries.
______
Prepared Statement of Hon. Ron Wyden,
a U.S. Senator From Oregon
The Finance Committee meets this morning to consider four
nominations: a nominee for Treasury Assistant Secretary for Legislative
Affairs, and three nominees to be members of the Social Security
Advisory Board.
First, Corey Tellez is nominated to be Assistant Secretary for
Legislative Affairs, who coordinates the Treasury Department's
communications with the Congress. This is a critically important job,
not just for the work that this committee does, but many others as
well. The person in this role is key to getting the Congress accurate
and timely information that allows us to make good policy.
Ms. Tellez is as qualified a nominee as they come. She served as a
staffer in both the House and Senate, including 11 years working for
Senator Dick Durbin, before joining Treasury's Office of Legislative
Affairs--the office she is now nominated to lead. I have some personal
endorsements from Senator Durbin that I'll share when I introduce the
nominees.
The committee will also consider the three nominees for the Social
Security Advisory Board. The Board is responsible for advising the
President and Congress on Social Security policy. It regularly makes
important recommendations dealing with maintaining the solvency of
Social Security programs, improving service for beneficiaries, and
helping seniors enjoy a dignified retirement. For committees like this
one that work hard to protect Social Security, the top-notch,
bipartisan reports the Board produces on a range of issues are
invaluable.
The first nominee to the Board is Kathryn Lang, who currently
serves as director of Federal income security for the senior group
Justice in Aging. She brings a wealth of experience navigating Social
Security's disability determination process on behalf of seniors and
people with disabilities and advocating for changes to improve the
Social Security programs.
Having started my career as codirector of the Oregon Gray Panthers,
I'm always thrilled to have somebody with a background in legal aid for
senior citizens join us in this room.
Next, we have Sharon Lewis, who has spent nearly her entire career
fighting on behalf of people with disabilities, including in my home
State of Oregon. Ms. Lewis previously served at the Department of
Health and Human Services as the Principal Deputy Administrator for the
Administration for Community Living, and served on the House Committee
on Education and Labor under Chairman George Miller.
Finally, we have Andrew Biggs, senior fellow at the American
Enterprise Institute. He brings decades of experience on Social
Security and retirement policy, previously serving as Principal Deputy
Commissioner of Social Security and at the White House during the
George W. Bush administration.
Now, it should come as no surprise that I have serious concerns
about Mr. Biggs's nomination, given his background as one of the
architects for privatization. Just a few weeks ago, he argued in a Wall
Street Journal op-ed that Social Security is not an earned benefit.
That represents a fundamental misunderstanding of the program and what
it was designed to do. Social Security is an earned benefit because you
don't receive it until you've worked and paid into it for at least 10
years.
The mission of every Board member is to work toward gathering
bipartisan consensus to strengthen Social Security, and should he be
confirmed, I fear Mr. Biggs would be nothing more than a megaphone for
partisan ideas to deny seniors their hard-earned benefits.
With Leader McConnell putting forward Mr. Biggs as the Republican
nominee for the Board, I am concerned that Republicans' preference is
to have someone who has actively worked to dismantle the program rather
than protecting the promise that Social Security has represented for
generations.
I believe Ms. Tellez, Ms. Lang, and Ms. Lewis are the right people
for these jobs at the right time. I will support their nominations, and
I encourage all my colleagues to support them as well.
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