Latest / Elon Musk Podcast / BREAKING NEWS: DOGE Fraud Committee Meeting
Transcript
- 0:00Cast This is a show where we discuss the critical crossroads,
- 0:03the shape, SpaceX, Tesla X, The Boring Company, and Neurolink.
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- 1:28All right, thanks. Beyond government operations
- 1:30will come to order and I want to welcome everyone to this, what I
- 1:34think is going to be an important bipartisan hearing
- 1:39today. Without objection, the Chair
- 1:41made a clear recess at any time and I recognize myself for
- 1:45making an opening statement to our witnesses that are here
- 1:50today into the people who have taken time to come here to see
- 1:57today, as well as my colleagues. I want to really dispense with
- 2:02my opening statement and without objection, I'll enter that into
- 2:06the record. But what I'd like to say is, is
- 2:09that this is a follow up to the meetings which we have held for
- 2:13the last few years, where there was active discussion, not just
- 2:18about what we were going to do to recognize what might be
- 2:23considered waste, fraud or abuse.
- 2:25Or money that was spent by the federal government that did not
- 2:31equal that which it was intended to do, which kept money away
- 2:36from the real recipients. And for people who would have
- 2:40benefited with congressional intent.
- 2:44As you will recall, last year we held what was a meeting in
- 2:50October whereby we had GAO and others who came to speak with us
- 2:56and they came up with a what might be a three-year number of
- 3:01their ideas about inappropriate payments than waste, fraud and
- 3:06abuse. But things that were paid that
- 3:08we felt like we're not permissible or following the
- 3:12intent of the law or the needs of the money.
- 3:16Mr. Mfume and I at that time looked at each other and said we
- 3:21are going to work together. We are going to challenge GAO to
- 3:26come back to us. We are going to find within the
- 3:30government other particular people who have talent, data,
- 3:36information and can lead us to a better solution.
- 3:41I'm pleased to say, Mr. Infume, I believe this is the beginning
- 3:46of that, turning the corner to where we will then not just work
- 3:50together but try and discover the things that reside within
- 3:54the government to gain the information is necessary.
- 3:58And I think today's hearing will prove that in.
- 4:02So I'm delighted that you were here.
- 4:05I'm going to put my opening statement on the record, but
- 4:08that is what I want to say. This is about identifying,
- 4:12preventing fraud, improper payments in federal programs.
- 4:17And we're going to learn today how we're better prepared if we
- 4:21work together, if we find a way. And I think we will not just
- 4:27work together, but to use the important elements of this
- 4:31government for data, information and lessons learned.
- 4:36And I would say thank you for being here.
- 4:38Distinguished gentlemen wish to have time for an opening
- 4:41statement. I do Gentleman's recognized.
- 4:44I do. Mr. Chairman, thank you very
- 4:45much. Good morning to you.
- 4:47Good morning to our witnesses who are here.
- 4:50And I want to just personally thank Chairman Sessions for the
- 4:53manner in which we continue to meet each other halfway, even
- 4:57though we're on different sides of the aisle, to come together
- 5:00to find a way at least to release the federal government
- 5:05of some of his ailments, particularly this whole notion
- 5:09of improper payments, waste, fraud and abuse.
- 5:12We did that throughout the 118th Congress and my colleagues and I
- 5:16on this subcommittee all remain laser focused on combating those
- 5:20matters. And I think we also have always
- 5:24agreed that this is a non partisan matter.
- 5:26No matter where we are in our country or philosophically, we
- 5:31agree that every dollar directed to every program ought to go to
- 5:35the intended purpose. From the very beginning of this
- 5:40President's term, the so-called Department of Government
- 5:43Efficiency, and some of you know that I have referred to it as
- 5:47the Department of Government evil for my own particular
- 5:50purposes because of the way it's affected working men and working
- 5:53women and their families across this country.
- 5:55I think hard working, dedicated men and women exist in every
- 6:00Congressional District throughout the country.
- 6:02And while there is still no full complete public accounting on
- 6:07all of them who have been dismissed, other than numbers,
- 6:11we don't know the names and the faces and the families, the
- 6:13children and the mortgages and everything else.
- 6:16It's been disrupted by this. I've got no doubt that among the
- 6:21hundreds of thousands of federal employees affected by the fork
- 6:24in the road e-mail and the mass firings and a probationary
- 6:27staff, that many, many are experienced in the pain that we
- 6:33do not feel right now. And that's not to even mention,
- 6:37as I'm sure the chairman would mention also, the 18 inspector
- 6:41general's that have been dismissed.
- 6:43They were like the sheriff's that were running the town and
- 6:46doing a damn good job at it and reporting back to this committee
- 6:49and both the chairman, Sessions and myself on real clear ways of
- 6:54trying to move us forward deliberately and focused.
- 6:58And I commend their work. I look forward hopefully to the
- 7:02return of some of them, and I know that their role cannot be
- 7:07understated. We're already in a situation
- 7:11where 10 of 24 agencies subject to the Payment Integrity
- 7:17Information Act we're not fully compliant with improper payment
- 7:21reporting requirements as of 2022.
- 7:24It is the furthest thing from common sense, in my opinion, to
- 7:28fire the inspector generals who have a real set of experience
- 7:32and a body of experience addressing this problem.
- 7:36As witnesses have discussed in many of our previous hearings on
- 7:39this issue, particularly last September, combating fraud,
- 7:43improper payments abuse is not as simple as waving a magic wand
- 7:49or a chainsaw. Real progress relies on access
- 7:54to quality data. It means thoughtful partnership
- 7:57with agency leaders, and it means investments into the
- 8:00technology and the staff needed to create proper internal
- 8:05controls to prevent improper payments and fraud.
- 8:10I was proud to join with many of my colleagues on the Oversight
- 8:13Committee and introducing recently the Taxpayer Funds
- 8:15Oversight and Accountability Act, which in many respects
- 8:19would make important strides in adjusting these challenges.
- 8:24Simply put, I think we have a real challenge before us, not to
- 8:29mention the fact that sometimes we're not focusing on some of
- 8:33the real issues. I would call everyone's
- 8:35attention to the fact that the largest agency and with the
- 8:41largest budget is still the Pentagon and we have witnessed
- 8:46seven straight audits that have failed because of problems at
- 8:52the Pentagon. I don't know how you can fail
- 8:54seven straight audits and not become the focus of waste, fraud
- 8:59and abuse. That's another story, perhaps
- 9:02for another time, but it is something that continues to cry
- 9:05out for very real attention. The GAO reported recently a
- 9:11total of 162 billion in improper payments and government wide
- 9:15matters in fiscal 24 and that marks a significant reduction.
- 9:21It's almost embarrassing to say that that's a significant
- 9:24reduction from the 236 billion in improper payments in fiscal
- 9:282023. In recognition of the shared
- 9:31challenge, Chairman Sessions and I, on a bipartisan way, work to
- 9:37discover real pathways to reducing fraud and to reducing
- 9:41improper payments. This past October, both he and I
- 9:45sent a joint letter to the GAO requesting that they review, as
- 9:48was mentioned earlier, $2.7 trillion and improper payments
- 9:53and fraud that have occurred since 2003 and provide
- 9:57actionable recommendations before this committee.
- 10:01So, as I conclude, I must mention the importance of
- 10:04staying grounded in the scope and the breadth and the depth of
- 10:08this problem. While improper payments and some
- 10:11fraud exists, that does not mean that the bedrock of social
- 10:15safety net programs like Medicaid, Medicare, and Social
- 10:18Security should be cut or privatized.
- 10:22The existence of these problems does not justify in any way mass
- 10:26firings of workers, failures to pay nonprofit organizations.
- 10:31It does not justify the fact that the government owes for
- 10:35work done in so many instances and that the effort really is
- 10:40moving to destroy many of the federal agencies as we come to
- 10:44know them. Even despite the claims that
- 10:46Social Security is rife with fraud and fraudulent payments
- 10:51due to quote, long dead individuals who are about 133
- 10:55years of age, that program has a payment accuracy rate of over
- 11:0090%. And that's according to the
- 11:03Center for Budget Priorities. So as we move forward, as
- 11:07together, hopefully with our own differences of opinion, but in
- 11:11an effort to move forward together to combat waste, fraud
- 11:16and abuse as we know it and as we are defining it.
- 11:19I hope that we as a Congress will remember that the purpose
- 11:23of this weighty task is not to exploit these problems or to
- 11:28destroy the federal government in the process, but to work for
- 11:32a better country. And to do that, as the chairman
- 11:35has said, hand in hand, working together despite our
- 11:38differences, to come up with a consensus.
- 11:41That's what we really want, consensus approaches that are
- 11:45not on the extreme left or the extreme right, but in the middle
- 11:49where most people are and in the middle where the problems are,
- 11:53so that we can deal with this issue in a very responsible sort
- 11:56of way. And to be able to report back to
- 11:58the American people that we really have made an impact in
- 12:03dealing with the issues of waste, fraud, and abuse.
- 12:06Again, I cannot say enough about the Chairman Sessions work in
- 12:09this regard. In this committee's work, we
- 12:12didn't get a lot of attention, but we were in the forefront for
- 12:14the last two or three years. So it's good to know now that
- 12:18people are paying attention. We just have to make sure that
- 12:21we are doing this the right way and in a way that is
- 12:24responsible. Thank you, Mr. Chairman, and I
- 12:27would yield back. I appreciate the gentleman's
- 12:30dialogue. I want to say that maybe 10% or
- 12:33more, I think more of the American people want, expect and
- 12:37need us to work together. And you have my promise that it
- 12:43will continue to be done and we will work together.
- 12:46I you have a strong voice, you have a strong idea of what
- 12:50you're after. But what we're dealing with here
- 12:52is something that must be overtaken.
- 12:57We have to win on this. And it will be a bipartisan
- 13:01effort. And I think the two with the
- 13:03three witnesses that we have today are shining examples that
- 13:08can lead the way, not the partisanship, but the answers.
- 13:12And I think that's what we seek. I want to thank your
- 13:15conversation today. And I think that we'll see that
- 13:18also. Sir, thank you.
- 13:21I want to request unanimous consent that the gentleman, Mr.
- 13:25Moskowitz from Florida, be waived on today's hearing for
- 13:28the purpose of asking questions. That objection, so ordered.
- 13:34OK. We're now going to get to the
- 13:36big deal and the big deal is our witnesses who takes seriously
- 13:42not only that effort that you and I in this subcommittee
- 13:46share, but also ideas and answers for leading us to that.
- 13:51I'd first like to introduce Kristen Cokie Leak serves as the
- 14:00managing director, financial management assurance team at the
- 14:04GAO. In her role, she overseas issues
- 14:06involving accountability, professionalism, auditing
- 14:10standards and DoD financial management and improper
- 14:15payments. Please know that you are being
- 14:17heard as well as your party when there are conversations about
- 14:21DoD. Next we have Mr. Dieffenbach.
- 14:25Ken was appointed to the Pandemic Response Accountability
- 14:29Committee in June of 2024. He brings over 28 years of
- 14:35experience in the oversight community and served in various
- 14:37roles related to investigation and data analytics.
- 14:43We also have Jennifer Wagner. She joined the Center for Budget
- 14:47and Policy Priorities in 2015. She focuses primarily on
- 14:52Medicaid eligibility and enrollment issues, which
- 14:56certainly highlights some of the discussions that the American
- 15:00people want us to delve into. I'm delighted that all three of
- 15:05these witnesses here. I would now ask that all the
- 15:07witnesses rise pursuant to Committee Rule 9.
- 15:10G. The witnesses will stand as
- 15:13required. Raise their right hand.
- 15:16Do you solemnly swear or affirm that the testimony they're about
- 15:19to give is the truth, the whole truth, and nothing but the
- 15:22truth. Truth so help you God if the the
- 15:25workers show that the witnesses answered in the affirmative.
- 15:28Thank you very much. You may now take a seat.
- 15:31I tried to keep my comments short.
- 15:34The stream fume did same, but we speak from one voice.
- 15:38We are both delighted that you're here today.
- 15:40So let me remind the witnesses that we have your written
- 15:44statements and I would encourage each of the the staff and the
- 15:51members who are here to look through this if they have not up
- 15:55to now, data and information about actual data and actual
- 16:01solutions is what today's hearing is going to be about.
- 16:04So I want to first make sure that we go right to this.
- 16:09I'll let everybody turn to their information that they've got
- 16:13there. Mr. Miss Key Co Key leak.
- 16:19I didn't get it right yesterday and I'm not going to get it
- 16:21right today. Please correct me.
- 16:23Co select. Co select a bill had me say Co
- 16:27select five times yesterday. That was not today.
- 16:30We're delighted that you're here.
- 16:31Please know this that we traditionally will follow the
- 16:35five minute rule as we always have.
- 16:37But I think that as we go through there, if you want to
- 16:40finish questions or or the statements you want to make.
- 16:44But as we get into questioning, I'm very interested in both
- 16:48sides, the members and our our witnesses getting to where they
- 16:53want to get. And without a further
- 16:57discussion, we will recognize Miss Coakley.
- 17:01Thank you. Good morning, Chairman Sessions,
- 17:04Ranking Member and Fume, and members of the subcommittee.
- 17:08Thank you for the opportunity to be here today to discuss the
- 17:11long standing and pervasive issue of improper payments and
- 17:14fraud in the federal government. Whether it involves an
- 17:18established program or one created to respond to an
- 17:20emergency, improper payments and fraud erode the public trust in
- 17:24government and result in hundreds of billions of dollars
- 17:27lost. Improper payments and fraud are
- 17:30two distinct concepts. They're related, but not
- 17:33interchangeable. Simply put, improper payments
- 17:37are payment errors, payments that should not have been made,
- 17:40or payments that were made in the incorrect amount.
- 17:42These could be overpayments, underpayments, or payments to
- 17:45ineligible recipients. Fraud involves obtaining
- 17:49something of value through willful misrepresentation.
- 17:53Individuals or organizations deliberately lying to defraud
- 17:56the federal government. While all fraudulent payments
- 18:00are considered improper, not all improper payments are considered
- 18:04fraud. That's right.
- 18:05Since 2003, federal agencies have made an estimated $2.8
- 18:09trillion in improper payments, including an estimated $162
- 18:14billion in fiscal year 2024. Since these year to year
- 18:19estimates are based on a subset of government programs, 68
- 18:22programs in 2024, the actual improper payments amount may be
- 18:26significantly higher. Last April, we estimated that
- 18:30based on data from fiscal years 2018 to 2022, the federal
- 18:34government annually lost between 233 and $531 billion or about 3
- 18:41to 7% of federal spending to fraud.
- 18:45Our fraud estimate includes all federal programs and the wide
- 18:48range reflects the different risk environments during the
- 18:51five year period, including normal operations and COVID-19
- 18:55relief programs and spending. Fraud at this level indicates
- 18:58the importance of fraud risk management.
- 19:01However, most government spending is not fraudulent.
- 19:05While my written statement more fully covers GA as wide body of
- 19:08work in these areas, I will focus this morning on how
- 19:11agencies and the Congress can work to better prevent improper
- 19:15payments and fraud. The best way to reduce improper
- 19:19or fraudulent payments is to not make them.
- 19:22Preventive controls, as their name implies, are meant to stop
- 19:26improper and fraudulent payments before they occur.
- 19:30One key government wide preventive control is the use of
- 19:33Treasury's Do Not Pay system. Do Not pay consolidate much of
- 19:37the data matching agencies have done individually to flag
- 19:41potentially improper or fraudulent payments.
- 19:44Federal agencies and some state programs can and should leverage
- 19:48Do Not Pay to ensure program integrity.
- 19:52Another important action agencies can take is to assign
- 19:55assign responsibility for tackling improper payments and
- 19:58fraud to senior level officials. This helps establish
- 20:02accountability and endows those officials with the authority to
- 20:06lead and make change. In our March 2022 testimony
- 20:10before the Senate Committee on Homeland Security and
- 20:13Governmental Affairs. We recommended 10 actions that
- 20:16Congress could take to increase accountability over improper
- 20:19proper payments and fraud across the federal government.
- 20:22As of today, these recommendations to Congress
- 20:25remain unaddressed. To improve transparency and
- 20:29accountability over fraud management, we recommended that
- 20:32Congress reinstate the requirement that agencies report
- 20:35on their anti fraud controls and fraud risk management efforts in
- 20:39their annual financial reports. And to better prepare for future
- 20:43emergencies such as hurricanes, wildfires, or pandemics.
- 20:47We recommended that Congress require OMB to provide guidance
- 20:51for agencies to proactively develop internal control plans
- 20:54that will be ready for use in future crises and require
- 20:58agencies to report these plans to OMB and Congress.
- 21:02Finally, to facilitate data access and data sharing, which
- 21:06is key to effective prevention, we recommended that Congress
- 21:10consider amending the Social Security Act to explicitly allow
- 21:14the Social Security Administration to share its full
- 21:17death data with Treasury's Do Not Pay system.
- 21:20In December 2020, Congress passed legislation requiring the
- 21:24Social Security Administration to share its full death data
- 21:27with Treasury's Do Not Pay system for a three-year pilot
- 21:30period. This requirement is set to
- 21:33expire in December 2026, and we think Congress should make it
- 21:37permanent. Earlier this year, Treasury
- 21:40reported that data sharing during the pilot had led to $31
- 21:44million in improper payments prevented and recovered over its
- 21:48first five months, and the pilots projected net benefit is
- 21:51over $215 million for the full three years.
- 21:55Congress can make an immediate impact by ensuring the Do Not
- 21:59Pay system continues to have access to the Social Security
- 22:02Administration's full death data.
- 22:05Continued congressional oversight is critical to
- 22:08ensuring that agencies address improper payments and fraud in
- 22:11their programs. Along with the actions detailed
- 22:14in my written statement, Congress can use a variety of
- 22:16tools such as hearings and the appropriations, authorization
- 22:20and oversight processes to incentivize agencies to improve
- 22:24program integrity. This concludes my opening
- 22:26statement and I will be happy to answer questions.
- 22:30Thank you very much, the distinguished gentleman.
- 22:34Mr. Deffenbaugh, you're recognized.
- 22:38Thank you, Chair Sessions, Ranking Member and fume members
- 22:42of the subcommittee. It is an honor to be here today
- 22:44to talk about the critically important topic of preventing
- 22:47fraud in federal programs. This subcommittee has been at
- 22:50the forefront of bipartisan efforts to find solutions to
- 22:53reduce fraud and other types of improper payments.
- 22:56Today's hearing comes at a critical time because unless
- 22:59Congress takes action, one of the most significant tools it
- 23:02has created to improve program integrity will be lost.
- 23:06As the executive director of the Pandemic Response Accountability
- 23:10Committee, or PRAC, an entity Congress created almost five
- 23:13years ago to oversee $5 trillion in relief funding, I can point
- 23:18to untold examples where fraudsters stole hundreds of
- 23:22billions of dollars from taxpayers and the intended
- 23:24beneficiaries of these programs. As a federal law enforcement
- 23:28officer who has spent over 28 years bringing to justice
- 23:32fraudsters who stole from federal programs, I know first
- 23:35hand that unless we invest in cross agency prevention and
- 23:39enhance data sharing, we will continue to be victimized by
- 23:43increasingly sophisticated and well resourced bad actors.
- 23:48Pay and Chase is not the solution, Prevention is.
- 23:53To be clear, agencies have the primary responsibility to
- 23:56prevent fraud. But the PRAC in the OA GS also
- 23:59play an important role. Since its formation in 2020, the
- 24:04PRAC has time and again alerted federal agencies, Congress, and
- 24:08the American public to the lessons learned from the
- 24:10pandemic and our recommendations to help strengthen federal
- 24:14programs. For example, we issued a fraud
- 24:17alert on the use of suspicious Social Security numbers in
- 24:20obtaining over $5.4 billion in SBA relief programs.
- 24:26We've not only identified potential fraud, but we're also
- 24:29actively working to recover stolen funds.
- 24:32We are partnering with 48 federal law enforcement agencies
- 24:35to support over 1000 investigations related to over
- 24:38$2.4 billion in potential losses.
- 24:43As we will discuss today, the time to prepare for the next
- 24:45disaster is now, not when new funds start flowing.
- 24:49We must act on these lessons learned.
- 24:53For example, we must address obvious anomalies such as Social
- 24:57Security numbers that have never been issued or were issued to
- 25:00people who are now deceased, dates of birth indicating an
- 25:04applicant is 10 or 110 years old, applicants who have already
- 25:09applied in five other states, or applicants who use names like
- 25:13Charlie Chaplin, Abraham Lincoln, or Foghorn Leghorn, as
- 25:19at least three people did in pandemic programs.
- 25:21Those three were stopped before the money was dispersed.
- 25:24Let me assure you, the government must pause and more
- 25:27closely review suspect claims before money is dispersed.
- 25:31We must look across multiple programs for red flags, as
- 25:34fraudsters do not follow our government organizational
- 25:38charts. They steal from wherever it is
- 25:40easiest to steal. We must also responsibly
- 25:44leverage more data, especially data already in the possession
- 25:47of the government, to identify suspicious patterns and trends
- 25:50indicative of fraud schemes. Today, the PRAC has the
- 25:54capacity, infrastructure, relationships and talent to
- 25:56conduct pre award vetting and the more complex network and
- 25:59trend analysis. We know from our work that
- 26:02fraudsters can apply to all 50 States and territories from
- 26:05behind one keyboard. They can hit multiple federal
- 26:08programs using the same false information.
- 26:11They can outsource these tasks to artificial intelligence and
- 26:14bots. But the PRAC is scheduled to
- 26:16sunset in September of 2025, and we're only two months away from
- 26:21having to begin deleting our data that we have collected and
- 26:24curated over the last five years.
- 26:26This includes over 60 major data sources and some 1.7 billion
- 26:31data points. We're also concerned about
- 26:33losing more of our staff whose outstanding analytical expertise
- 26:36is in great demand. We will soon reach the point of
- 26:39no return, in which rebuilding this capacity would take several
- 26:42months, if not years, and a significant new investment of
- 26:45taxpayer dollars. the US General Accountability Office has
- 26:48expressed strong support for the PRAC.
- 26:50An estimated their analytics capability could result in an
- 26:53annual financial benefit of a billion dollars or more a year
- 26:58if the PRAC ceases operations in September.
- 27:01The next time the government responds to a natural disaster
- 27:03and economic crisis, or another event where we are quickly
- 27:06dispersing benefits to people in need, fraudsters will again
- 27:10swoop in and steal. We will then inevitably ask
- 27:14ourselves, how did we lose so much money to fraud?
- 27:18If this happens, it will be because we chose not to be
- 27:21prepared, and we chose not to invest in fraud prevention and
- 27:26increase data sharing. Instead, we should continue the
- 27:29investment that Congress has made to the prac in the PRAC
- 27:32which is proven, which has a proven track record and a
- 27:35demonstrated return on investment.
- 27:37American taxpayers deserve nothing less.
- 27:40I look forward to your questions.
- 27:43Thank you very much for the audience that may be watching,
- 27:46that is the Pandemic Response Accountability Committee that
- 27:51was referred to as PRAC. Thank you very much, Miss
- 27:54Wagner. You're now recognized.
- 27:56Chairman Sessions, Ranking Member and FUME, and members of
- 27:59the Government Operations Subcommittee, I am honored to be
- 28:02here today to discuss something I've spent over 20 years working
- 28:05on, improving government systems to get the right benefits to
- 28:09eligible people in a streamlined and accurate way.
- 28:12I started my career as a food stamp caseworker in North
- 28:15Carolina and then worked for the Illinois Department of Human
- 28:17Services before joining CBPP. I'm going to focus today on
- 28:22Medicaid and SNAP, specifically on three key points.
- 28:26First, Medicaid and SNAP have a rigorous eligibility
- 28:29verification process, and the vast majority of people are
- 28:32eligible for the benefits they receive.
- 28:35Mistakes are made, but most improper payments are paperwork
- 28:38issues, not fraud. Second, running an accurate
- 28:42program means making sure eligible people can get and keep
- 28:46benefits. When we talk about program
- 28:48integrity and accuracy, we need to talk about how adding red
- 28:52tape can harm eligible families. And 3rd, there are effective
- 28:57ways to reduce improper payments and improve program integrity,
- 29:01but some of the solutions proposed don't match the
- 29:03problems. They don't solve improper
- 29:06payments and will increase errors.
- 29:09Let's dig in. First, nearly all of the people
- 29:12enrolled in SNAP and Medicaid are eligible for their benefits.
- 29:15Applicants fill out complex forms with details about their
- 29:18household expenses and income. Agencies verify that information
- 29:23against federal, state, and commercial databases.
- 29:27If the application and database don't match, the applicant must
- 29:30send verification like a pay stub.
- 29:33Improper payments are not the same as fraud and are primarily
- 29:36caused by paperwork errors. For example, a Medicaid worker
- 29:41might check a database to verify an applicant's eligibility, but
- 29:44not capture and retain the data viewed in that moment.
- 29:48When a reviewer comes and looks at that case months later, they
- 29:51can't confirm the case is correct because they can't see
- 29:54what the worker looked at when the case was improved was
- 29:57approved. There's no indication that the
- 29:59applicant isn't eligible, but since the paperwork is missing,
- 30:03it's considered an improper payment.
- 30:05This is a technical problem, not a fraud problem.
- 30:09Second, it is important to acknowledge 1 shortcoming of
- 30:12improper payment measures. They only consider those who
- 30:15receive benefits. They don't consider those who
- 30:18are eligible but couldn't enroll due to confusing notices or
- 30:22agency mistakes. We must keep this in mind when
- 30:25in when evaluating solutions to improper payments.
- 30:29Which brings me to the my Third Point.
- 30:31Many proposed solutions don't match the problems and won't
- 30:35reduce improper payments or improve accuracy.
- 30:38For example, requiring Medicaid renewals every six months
- 30:42instead of every year will cause more problems than it solves.
- 30:45More paperwork will lead eligible enrollees to miss out
- 30:49on benefits for procedural reasons, not because they don't
- 30:52qualify for the program, but because they don't receive or
- 30:55return a notice or the agency doesn't process that paperwork
- 30:58timely. And more work for already
- 31:00overwhelmed state staff will lead to more mistakes and more
- 31:04improper payments. So what would work?
- 31:07The Government Accountability Office identified 2 strategies
- 31:10that have been successful in reducing improper payments,
- 31:13establishing accountability and facilitating internal
- 31:16collaboration, and providing technology tools and training
- 31:20targeted to root causes. Federal agencies overseeing SNAP
- 31:24and Medicaid need sufficient staff in key roles to make this
- 31:27happen, such as Inspectors General to audit eligibility
- 31:31determinations and staff to provide technical assistance and
- 31:34hold states accountable for fixing the issues that are
- 31:37discovered in audits. We saw this approach work.
- 31:40Federal agencies recently helped states better implement the
- 31:43requirement to conduct ex parte renewals, which happened when
- 31:47data sources confirm ongoing eligibility and enrollees don't
- 31:50have to fill out complex paperwork to renew.
- 31:53The United States Digital Services worked with States and
- 31:56more than 5 million people were renewed for coverage with less
- 32:00red tape last year. Another solution is the Medicaid
- 32:03Eligibility Enrollment Rule, finalized in April of 2024,
- 32:08which updates outdated regulations on case record
- 32:10maintenance and will substantially reduce the
- 32:13frequency of improper payments resulting from inadequate
- 32:16records. It's not an easy task to address
- 32:19improper payments in large programs serving millions of
- 32:22people. Proposals that suggest billions
- 32:25of dollars can easily be saved don't address improper payments
- 32:29and would result in cutting eligible people off from vital
- 32:32help. But embracing solutions that
- 32:34match the actual problems can bring us closer to the goal of
- 32:38getting the right benefits to eligible people in a streamlined
- 32:41and accurate way. Thank you for the opportunity to
- 32:44testify and I look forward to your questions.
- 32:51Thank you very much Mr. Fume. You heard me say that I felt
- 32:56like our witnesses all were not only vital to our decision
- 33:00making, but have appeared in a way to give us answers to these
- 33:04problems. Thank you very much.
- 33:07Want to thank each of our witnesses.
- 33:09I'm first going to go to the distinguished gentlewoman from
- 33:12North Carolina, Chairwoman Virginia Fox.
- 33:15Gentleman's recognized. Thank you, Mr. Chairman, and I
- 33:19thank our witnesses for being here today.
- 33:22Miss Kosilek. The Payment Integrity
- 33:24Information Act codified the Do Not Pay Initiative, which
- 33:29provides agencies with access to certain databases that can
- 33:33assist in preventing improper payments and requires a review
- 33:37of the available databases prior to the release of funds.
- 33:41Despite this requirement, it is unclear that agencies are
- 33:46utilizing the Do Not Pay system. For example, the Department of
- 33:50Transportation Inspector General reported in November 2023 that
- 33:55the agency did not use the Do Not Pay portal in prepayment
- 33:59processes as the law requires. In your opinion, why do agencies
- 34:05not use all the tools at their disposal to prevent improper
- 34:10payments? And do you believe that there
- 34:12are ways to improve the Do Not Pay system?
- 34:19Thank you. Yes, I think there are ways to
- 34:21improve the do not pay system. As I mentioned, making sure that
- 34:26full death master file is in there and that all relevant data
- 34:31sources are in there is is key to making sure that that source
- 34:37of information is as complete and reliable as it can be.
- 34:41A way that you to encourage agencies to use it is really to
- 34:46think about how you would do reporting.
- 34:49I think right now agencies kind of report on the back end of
- 34:55what went wrong. Thinking about how you would
- 34:58have agencies report about preventing.
- 35:00So for instance, the Do Not Pay system and Treasury payment
- 35:04integrity tools can flag payments that potentially would
- 35:09have indicators that they may be improper.
- 35:12However, as noted, it really is up to the agencies to make
- 35:15decisions about whether a payment will be made.
- 35:18You could consider having agencies report on when those
- 35:21flags are not upheld. For example, if something is
- 35:27flagged and do not pay, but a payment is made anyway.
- 35:30Having agencies track that, identify that, and report back
- 35:33when that is happening would help folks determine if there
- 35:38there are instances where the payment should go ahead anyway,
- 35:40or if truly that payment should have been stopped.
- 35:45Let me follow up with another question for you and Mr.
- 35:51Dieffenbach. Once an improper payment is
- 35:55made, what can an agency do to recover the payment and how much
- 35:59does it cost in human hours and dollars to recoup an improper
- 36:04payment? First, you Miss Kosilek.
- 36:07Sure. There are requirements for
- 36:10agencies to attempt to recover improper payments and I believe
- 36:15it's up to the agencies to determine when it's cost
- 36:18beneficial to do so. So there it can be instances
- 36:22where an agency may determine it is not cost beneficial to pursue
- 36:26all avenues in recovering that you would hope that agencies
- 36:29would, but I think it's left to their determination to determine
- 36:32when it's cost beneficial. Thank you for the question,
- 36:37Congresswoman. Agencies have a number of
- 36:39options for trying to recover improper payments.
- 36:42There are administrative possibilities, the options the
- 36:45Congress did just pass the Administrative False Claims Act
- 36:48in December, which is a significant new tool for
- 36:51agencies and OGS to work with jointly that allows agencies to
- 36:55go through a very rigorous process where they can then
- 36:58recover funds and damages in some instances.
- 37:02But to your point, recovering funds through through the
- 37:04judicial system, the pay and Chase model we have now is
- 37:07exorbitantly expensive, which is why we and others in this
- 37:09hearing are focused on the prevention piece, because it is
- 37:12very expensive to do any of those recovery actions.
- 37:15So what investments could agencies take to prevent
- 37:19improper payments? Could investments in artificial
- 37:22intelligence help lower the improper payment rate?
- 37:26What? Again, what we want to do is not
- 37:29have the payment go out to begin with by using what's available
- 37:33to the agencies now. So I'll start with you, Mr.
- 37:36Diefenbach. Yes.
- 37:38So technology is part of the solution.
- 37:40Another piece of it is culture is ownership, and the Inspector
- 37:44General Act was passed in 1978 to create this community of
- 37:48watchdogs to prevent fraud. However, before 1978 and today,
- 37:52the agencies have the primary responsibility to do those
- 37:56things, to resource things properly, to exploit technology
- 37:59as you just mentioned, and to ensure that they're doing good
- 38:02risk assessments and they're following through on those to
- 38:04make sure they're mitigating the biggest risks in their programs.
- 38:07Miss Kozilek, any further comments?
- 38:12Yeah. So as as you mentioned,
- 38:13prevention is really the key in this and having the right data.
- 38:18So artificial intelligence can be helpful if you have the right
- 38:22data in the system. So we do have recommendations to
- 38:26encourage agencies to collect all the necessary information
- 38:31that is needed to ensure the databases are complete, that
- 38:35they're accurate. If you're using artificial
- 38:38intelligence and other data mining mining tools, but you
- 38:41have inaccurate or unreliable data in the systems, that is not
- 38:46going to be very helpful. Thank you, Mr. Chairman.
- 38:48I yield back. Thank you very much.
- 38:51Shell woman yields factors time, Mr. Mfume Jones recognized.
- 38:57Thank you again, Mr. Chairman. I'm got a couple of quick
- 39:00questions. I know we were a smaller
- 39:02committee and I'm hoping that we might even get a second round.
- 39:05And I want to obviously defer to both of the members here on my
- 39:08side of the aisle. I do want to be redundant, maybe
- 39:13deliberately redundant about a few things.
- 39:16Number one, I appreciated the testimony that nearly all
- 39:20Medicare and SNAP recipients are eligible for benefits, which
- 39:25would explode the myth that's been circulating that people are
- 39:28getting things that are not eligible.
- 39:30I want to under score again, what I heard was that most
- 39:34improper payments are due to paperwork, paperwork errors and
- 39:38not necessarily conniving persons trying to find a way to
- 39:42get a a check. However, what I think I want to
- 39:49stop on more than anything else is the notion that was just
- 39:52enunciated that we've got to stop it before it starts.
- 39:57And Mr. Diefenbach, I appreciate your comments that we can't play
- 40:00the game of of pay and chase that will go on forever deplete
- 40:05resources and frustrating everybody.
- 40:09I do want to ask if the 10 ready recommendations that you.
- 40:15Presented in your Senate, testimony can be made available.
- 40:18I don't know that I have them, but I'd, I'd like very much to
- 40:21see them. And one overarching question.
- 40:24And then I'm I'm going to get out of the way and yield to some
- 40:26of my colleagues. Mr. Chairman, can all of you,
- 40:31individually or collectively give me your assessment of what
- 40:36has happened and what will happen now that all these
- 40:39inspector generals are no longer in place to do the good job that
- 40:43they were doing? To point out the crooks and the
- 40:46bad guys and follow up with bodies like this, both in the
- 40:49House and Senate that would allow us the ability to do what
- 40:53we've been able to do in a bipartisan way?
- 40:54I just, I need, I know, I think what the effect is, but I need
- 40:58to hear it from the three of you, any of you.
- 41:03Sure, I can start. So certainly the Inspectors
- 41:06General play a key oversight role.
- 41:08They have responsibilities related to improper payments.
- 41:13Beyond that, they do audits of the programs day in and day out
- 41:18and can be very helpful in identifying some of the root
- 41:21causes that may lead to improper payments in the programs.
- 41:24And then also they are really helpful in coming up with
- 41:30solutions once they identify those root causes, identifying
- 41:34recommendations that the agencies can take.
- 41:37So certainly the lack of their lack of their presence in some
- 41:42of the agencies would have a significant impact on.
- 41:47And in many of the agencies, and I'm, I'm just trying to figure
- 41:49out now that they're gone, what do we do?
- 41:52I mean, what's, what are agencies faced with?
- 41:55And is there a greater propensity for the kind of fraud
- 42:00and abuse that we've seen? So Congressman of whom may the,
- 42:05the loss of the inspectors general was a great loss on a
- 42:07leadership level, on a, on a productivity level.
- 42:10Our vice chair of the prac, Paul Martin was the USAID Inspector
- 42:13General who's dismissed and we we greatly miss his leadership.
- 42:16I think the biggest thing for the Congress is you're going to
- 42:18have less transparency, less visibility on what's actually
- 42:22occurring in agencies, because that's one of the the hallmark
- 42:24principles when Congress set up the Inspector General Act was to
- 42:27give you and the taxpaying public more visibility and
- 42:31transparency on an objective view of what exactly is going
- 42:33on. So I think you're going to have
- 42:34reduced visibility. Miss Wagner.
- 42:37And just to add an example to what my colleagues have said
- 42:39here, the HHSOIG is really important in supporting and
- 42:43funding state Medicaid fraud control units that investigate
- 42:47and prosecute Medicaid provider fraud.
- 42:49As I indicated, beneficiary fraud is very low in this these
- 42:52programs, but provider fraud is common.
- 42:56In FY23, these units recovered $1.2 billion in criminal
- 43:00penalties and civil judgments and also the IGS and HHS would
- 43:06in audit eligibility determination processes.
- 43:10And they were very effective in identifying major issues in
- 43:12states such as duplicate payments to managed care
- 43:15organizations in incorrect interpretations of federal
- 43:18policy and caseworker errors. So identifying these problems
- 43:21and working with them, working with the states to get them
- 43:23addressed is really a key role that is diminished right now.
- 43:27Yeah. I think it would be fair to say
- 43:28that their dismissal has clearly exacerbated a problem that is
- 43:34clearly out of control now. Mr. Chairman, I yield back.
- 43:37Thank you very much. Let me ask you question.
- 43:41Question. One moment please, Sir.
- 43:43Thank you very much. Does gentlemen have a question?
- 43:46Well, no, I just, I was wondering if I could yield Mr.
- 43:49Mafumi a minute of my time. I was.
- 43:52Enjoying his line of questioning.
- 43:53As soon as we get to you, I bet he will take that and even more.
- 43:58OK. I just want to make sure I
- 44:00didn't. I'm sorry.
- 44:00Yes. Sir, as the gentleman does know,
- 44:04the Chairman wants us to get to the bottom of this, and I do not
- 44:08intend to cut us off. As long as we're staying in the
- 44:12margins, I think we're better off.
- 44:14I think we're better off when Someone Like You does yield time
- 44:18to learn more about what's on someone else's mind.
- 44:20Thank you very much. I've now moved to No, you're
- 44:23great, you're great. I'm just saying I do want to.
- 44:26When we get to the gentleman, Chairman Palmer is recognized.
- 44:31Thank you, Mr. Chairman. Mr. Kosilek.
- 44:37In 2002, Congress passed Improper Payments Information
- 44:40Act. In 2010, Congress passed the
- 44:44Improper Payments Elimination and Recovery Act.
- 44:47In 2012, Congress passed two more bills, the Improper
- 44:50Payments Elimination Recovery Improvement Act and the Improper
- 44:53Payments Transparency Act. Yet GAO said that the federal
- 44:59government's losing between 233 to 521 billion per year.
- 45:04If you just split the difference, that's $377 billion
- 45:08over a 10 year, 10 year window, that's 3.7 trillion not counting
- 45:12the interest that we're having to pay.
- 45:14And in regard to the Inspector general's, it sounds like we're
- 45:24not going to miss Inspector General.
- 45:26I, I don't mean to be dismissive that I, I have great high regard
- 45:29for the Inspector General's, but in terms of actually lowering
- 45:33our improper payment rate, we, it's, it keeps going up year
- 45:38after year. How do you explain that?
- 45:42Oh, sorry, I'm looking at the wrong person.
- 45:44I can't, I need to sit up straight so I can see the names.
- 45:50OK, go ahead. I think we really need to get
- 45:53back to basics and having internal control in payment
- 45:59processes. As you noted, there's been
- 46:03numerous amounts of legislation adding on requirements,
- 46:07reporting improper payments. But we really need to get back
- 46:10to the fundamentals of having internal controls in payment
- 46:14processes, understanding what the root causes are for the
- 46:17improper payments going out and focusing on on that, requiring
- 46:23agencies to report their plans for prevention to you and having
- 46:27accountability for having those prevention plans in place.
- 46:31Isn't the problem though, the here the failure to have
- 46:37enforcement in any of these bills there?
- 46:39I, I've been working on since I've been in Congress.
- 46:42I believe I, I might have been the first one to, to get the
- 46:44Budget Committee to, to really take into account and proper
- 46:47payments and working with the, with Mr. Dodero this whole time
- 46:51on it. And it, it's, it's not getting
- 46:54better. As a matter of fact, there's in,
- 46:56in fiscal year 24, there's 16 agencies that reported a total
- 47:00of about $162 billion and improper payments.
- 47:04And when you, when you dig down into it, about 5455% of the
- 47:10improper payment problem is administrative air, failure to
- 47:13verify eligibility and antiquated data systems.
- 47:17Which brings me to Mr. Musk and I, I know there's a lot of
- 47:20consternation about what they're doing, but literally he's
- 47:25brought in some, some computer experts with 21st century
- 47:28technology and done better oversight of, of the federal
- 47:31government in the last six weeks and we've done the last 40
- 47:34years. I mean, isn't that one of the
- 47:38biggest problems we have with improper payments is we've got
- 47:40antiquated data systems? We don't we don't have the 21st
- 47:44century technology. We need to do oversight, proper
- 47:46oversight. Having reliable data is is very
- 47:50important. Having accurate, reliable,
- 47:52complete data in the systems to be able to do those integrity
- 47:56checks is is critical, yes. Well, after we did pass the
- 48:00Improper Payments Elimination Recovery Improvement Act, and I
- 48:03know of one outside company that was brought in that did some
- 48:07analysis of, of Labor Department of Labor contracts and found
- 48:12millions of dollars in fraud under overpayments, other monies
- 48:18that should have come back to the federal government through
- 48:20credits that were not recovered. And, and when this was
- 48:24disclosed, the Department of Labor at that time basically
- 48:28waved off as disinterested. Isn't that a problem?
- 48:32The pay and chase model is a problem.
- 48:34Trying to recover the payments after the fact is much less
- 48:38effective. That So what we need to do is
- 48:41focus on stopping it on the front end and that's where where
- 48:46we need the improvements in technology, where we need the
- 48:49investment in technology. And this is a huge issue when
- 48:55when you're reporting 16 agencies are accounting for 162
- 49:00billion ten year window, that's $1.6 trillion and we're running
- 49:06a deficit of over 2 trillion every year.
- 49:08If if you just look at the the totality of it, 3.77, 377
- 49:13billion, that's 3.773, not counting the interest we're
- 49:16paying on that money because every dollar we send out
- 49:19improperly is a borrowed dollar. Mr. Chairman, I yield back.
- 49:26At this time, thank you very much as things gentlewoman from
- 49:29Washington DC is recognized. Thank you, Mr. Chairman, for
- 49:37days. Just days after he took office,
- 49:41the President Trump summarily fired 17 inspectors general
- 49:47across 18 positions in the dead of the night.
- 49:53Inspectors generals fulfill a vital oversight and
- 49:57accountability function in the government, including through
- 50:00identifying and preventing improper payments.
- 50:04I GS are also responsible for keeping Congress informed of
- 50:09fraud and other serious problems and informing us about progress
- 50:14in implementing solutions. As we consider, as we consider
- 50:22ways to attack the problem of improper payments, it is
- 50:27critical that we do not undermine these officials who
- 50:31serve as our partners in this fight.
- 50:34Miss Wagner, I am aware that much of your work has focused on
- 50:40the challenges that states may have in complying with complex
- 50:45requirements for federal payments program programs.
- 50:50How do inspectors general help to identify and address these
- 50:55problems? Inspectors general play a
- 50:59critical role in auditing state operations.
- 51:02States are trying to run an accurate program, but they have
- 51:04many pressures on them and they sometimes make mistakes in their
- 51:07policy and their operations and their systems.
- 51:09And audits through inspectors general and others come in and
- 51:12identify these mistakes and lift them up and hold the state
- 51:15accountable for addressing these.
- 51:17So it's really a critical role. And we're looking to improve
- 51:20improper payments and to get benefits to eligible people.
- 51:24Thank you Miss Co Select How does the firing of Inspectors
- 51:33General Inspector General affect Inspector General Office's
- 51:40ability to prevent and address improper payments?
- 51:46The, the role the Inspector General plays is critical.
- 51:50One of the other things they're they're often the first line of
- 51:53defense in investigating allegations of fraud and
- 51:56improper payments. So without having, you know,
- 51:59strong Inspector General presence in there, that could,
- 52:01that can certainly be an impediment.
- 52:05They're also an objective voice in identifying problems and
- 52:09doing investigations. So certainly having a very
- 52:13strong Inspector General role is critical.
- 52:16Inspectors general are rigorous evidence based use rigorous
- 52:24evidence based approaches to target fraud.
- 52:29This import this is important because a reckless approach to
- 52:35fighting fraud risks collateral damage.
- 52:39It could keep general federal assistance from from from going
- 52:46to those who most are in need of it.
- 52:50GAO's Fraud Risk Management Framework notes that agency
- 52:56should consider the cost of fraud controls when designing
- 53:03systems, including potential delays for a legitimate
- 53:09applicants. Miss Koseley, how does the work
- 53:14of Inspectors General ensure that people get the benefit for
- 53:20which they are eligible? Certainly the the role they play
- 53:26in in a doing the various program audit.
- 53:28So certainly they have a role in improper payments, but they also
- 53:31as I mentioned, you know do program audits throughout
- 53:35throughout the year. Looking at the operations of the
- 53:38various programs, are they being executed efficiently and
- 53:42effectively to make sure that the proper recipients are
- 53:47receiving the benefits that they are entitled to?
- 53:51Mr. Dieffenbach, the Inspectors General serving on the Pandemic
- 53:57Response Accountability Committee have done great work
- 54:02in identifying improper payments throughout our pandemic
- 54:06response. What has been the impact of
- 54:11President Trump's purge of so many inspectors general been on
- 54:19the committee's work and capacity going forward?
- 54:23Well, we have lost again the leadership, the institutional
- 54:25knowledge of individual inspectors general, but the
- 54:29offices of inspectors general still exist and are fully
- 54:32functioning. We work with them day in, day
- 54:34out on investigations and we are of course, an independent
- 54:38committee within the oversight community, the PRAC that does
- 54:41operational data analytics literally every day to support
- 54:45investigations, to proactively find problems and to issue
- 54:48reports on lessons learned and preventative measures that
- 54:51agencies can follow going forward.
- 54:53So we are continuing to do our important work to support the OI
- 54:57GS and to be a centralized hub, if you will, for analytics to
- 55:03support the OI GS that are smaller.
- 55:04They don't have their own capabilities.
- 55:06Thank you and I yield back. Thank you very much, the
- 55:11distinguished old woman. We're delighted that you're
- 55:13here. And as you have proved in your
- 55:16service, we all want to as well. Mr. Infamain, your side want to
- 55:21stop improper payments and move to the areas that they would be
- 55:26needed. We now would move to
- 55:29distinguished gentleman Mr. Gill from Texas.
- 55:31You're recognized. Thank you, Mr. Chairman.
- 55:35Thanks for holding this hearing today.
- 55:38Miss, Miss Co Select, thank. Thank you for being here as
- 55:41well. Could could you remind us in
- 55:43fiscal year 2024 what was the the amount of improper payments
- 55:49that were sent out? $162 billion.
- 55:54OK. And and which agencies were the
- 55:56were primarily responsible for that?
- 56:00Some of the programs that had the largest dollar amounts were
- 56:04Medicare, Medicaid, Earned Income Tax Credit, some of the
- 56:09larger ones. And, and how much do you guys
- 56:13at, at the GAO estimate we lose in fraud every year?
- 56:18We did a fraud estimate for looking at data for years 2018
- 56:22through 2022 and we came up with an estimate of 230 to $250
- 56:27billion. In in what agencies do you
- 56:30primarily see fraud? That estimate was based across
- 56:34all programs. OK, got it.
- 56:37So if I'm in let's just use a a specific example.
- 56:41If I'm a a fraudster and I want to collect unemployment checks
- 56:45that that I shouldn't be receiving and I steal somebody
- 56:48else's identity to do that, and I apply and apply to the
- 56:53Department of Labor, what are the processes that that you
- 56:56would expect to see the Department of Labor go through
- 56:59to ensure that I don't improperly or fraudulently
- 57:02receive a check? So unemployment insurance is an
- 57:06interesting one. It's a federal state partnership
- 57:08program. So there are responsibilities at
- 57:10the federal level. And at the state level, as I
- 57:13mentioned, really having those preventative controls in place,
- 57:16doing those data matching checks are some of the the key controls
- 57:21that you could expect to see to have an entity have in place.
- 57:24And in this case, you need to have those types of controls in
- 57:27place at the state and at the federal level.
- 57:28What? What do we actually see on a on
- 57:31a on a realistic basis? How?
- 57:33How often are some of these checks actually applied?
- 57:36We have seen instances and had recommendations for
- 57:40unemployment, I believe where there could be additional use by
- 57:44the states of some of those data checks.
- 57:47And I believe we have some recommendations that there could
- 57:50be requirements to have the states be required to do that
- 57:54data match. Right now it's encouraged, but
- 57:57there are, we have found instances where in all cases
- 57:59that is not being done and that can be a root cause of some of
- 58:02these improper payments. So, so in other words, we're
- 58:05we're mailing out checks without verifying who they're going to.
- 58:08In some cases. Got it.
- 58:10And and what are the consequences for agency heads as
- 58:14they're mailing out American taxpayer dollars without without
- 58:17verifying who they're going to? The consequence is that the
- 58:22anytime there's improper payments or fraud or money going
- 58:25out for not the intended purpose, that's money that could
- 58:29be going to rightful recipients and used for other purposes.
- 58:32Right. But I mean from a, from an
- 58:33incentive standpoint at at on the agency level, is there any
- 58:37consequence for for either employees at the agency or
- 58:40agency heads for mailing out checks fraudulently?
- 58:44One of the things we have recommended is having an
- 58:48accountable official at the agencies.
- 58:50As opposed to the recommendations right now, are
- 58:52there? Is there anything to hold these
- 58:54people accountable? Agencies are supposed to have an
- 58:57accountable official to to but we've.
- 59:01But but what? What is the accountability
- 59:03structure? Do they do they receive less
- 59:06bonuses? For instance, are they fired?
- 59:09What it What is the? What's holding them accountable?
- 59:11I think that is determined by the agency as to how that
- 59:14mechanism is, is 100% set up. But certainly Congress can have
- 59:19accountability. Mechanism.
- 59:20What do you see? Do you see?
- 59:21Have you ever seen an agency head get fired, for instance,
- 59:24for mailing out billions of dollars in fraudulent checks?
- 59:27I have not seen that. Got it.
- 59:29OK. And once we once we mail these
- 59:32checks out, is there any way to of clawing this money back and
- 59:36and holding the fraudsters accountable?
- 59:39That's what you're saying that the pay and chase model is is
- 59:41not generally effective. There are requirements that
- 59:45anytime there is an improper payment, agencies are supposed
- 59:48to attempt to get that money back.
- 59:51But we have found that the percentage that you get back
- 59:54when you're when you're following that model as opposed
- 59:56to not having to go out preventing it, is, is by far
- 1:00:00much more effective. Right, right.
- 1:00:01Completely agreed. I mean it.
- 1:00:03It seems to me that we've got a an overextended, bureaucratic
- 1:00:07administrative leviathan that is mailing out American taxpayer
- 1:00:11dollars fraudulently with virtually no and no
- 1:00:15accountability at all, bankrupting the American people
- 1:00:19with impunity. And this is from a federal
- 1:00:22government that ostensibly works in the interests of American
- 1:00:26citizens, is instead wasting our taxpayer dollars on a on a scale
- 1:00:32that is difficult to fathom. I think this is precisely why we
- 1:00:36need those so badly to get this nonsense under control.
- 1:00:41And with that, Mr. Chairman, I yield back and thank you very
- 1:00:43much. Appreciate the gentleman's
- 1:00:46questions. The distinguished gentleman from
- 1:00:49Washington, Miss Randall, is recognized.
- 1:00:53Thank you so much, Mr. Chair, and thank you as well to our
- 1:00:57witnesses for taking the time to be here today and share your
- 1:01:01expertise. You know, I've been pretty open
- 1:01:05about sharing my sister Olivia's story.
- 1:01:08She was born with really complex disabilities and was able to
- 1:01:11receive the care she needed because of Medicaid.
- 1:01:15And she was one of an estimated 2.4 million Washingtonians
- 1:01:19enrolled in Apple Health, our state Medicaid program.
- 1:01:23And so ensuring that we are protecting that program is, is
- 1:01:27very important to me, not just personally, but on behalf of all
- 1:01:31my constituents. And I think I share the goals of
- 1:01:38so many of my colleagues here to ensure that we are using
- 1:01:43taxpayer dollars efficiently to provide essential services to
- 1:01:48our neighbors who need them. But what we may have some
- 1:01:52disagreement on is how to make the federal government and our
- 1:01:57programs work better for the American people.
- 1:02:01You know, my colleague talked about fraudsters and certainly
- 1:02:08there is some fraud in some of our programs, some improper
- 1:02:12payments, but I think what we also have to under score is the
- 1:02:20individual people that are trying to access these programs.
- 1:02:25And we had a subcommittee hearing on healthcare and
- 1:02:29financial services a week or two ago in which we collectively
- 1:02:34bipartisanly discussed and understood the barriers that
- 1:02:37exist for many families trying to access Medicaid, including
- 1:02:40and especially those married couples that have a hard time
- 1:02:43getting the healthcare that they need to be successful.
- 1:02:47But I want to reiterate the difference between fraud and
- 1:02:54people perpetuating fraud and the improper payments.
- 1:02:57And Miss Wagner, could you reiterate, is it true that the
- 1:03:04vast majority of of improper payments are paperwork issues,
- 1:03:08not fraud? Yes, that is correct.
- 1:03:10It's usually a mistake in the process.
- 1:03:12When you talk about a program like Medicaid, it could be an
- 1:03:15mean and eligibility worker didn't follow correct procedures
- 1:03:18or the participant was issued the wrong amount of benefits.
- 1:03:21But it's often an error and inadvertent error by the
- 1:03:24household or a mistake by the agency staff or system.
- 1:03:27The incidence of fraud, which is intentional to seek to gain a
- 1:03:30benefit, the incident of beneficiary fraud is very low on
- 1:03:34these programs. Yeah.
- 1:03:35Thank you. You know, you know, I
- 1:03:39experienced in my family and heard so many anecdotes from
- 1:03:43Washingtonians, particularly parents of severely disabled
- 1:03:47children who have this like, stack of paperwork on their
- 1:03:51counters, who feel like they need to be attorneys in order to
- 1:03:57access a system to provide healthcare for their kids.
- 1:04:00And who are overwhelmed so often with late nights, little sleep,
- 1:04:06worry about what, you know, new medication their kids need to be
- 1:04:10on, what specialist appointment they need to get into.
- 1:04:12Who spends so many hours on the phone appealing denials of
- 1:04:17claims, trying to get into an appointment with someone, trying
- 1:04:22to get answers for their kid and take care of them while many of
- 1:04:25them also have another day job? This, you know, to characterize
- 1:04:32these parents as fraudsters or to try and lump in, you know,
- 1:04:37individuals who are just trying to stay alive in so many cases
- 1:04:42feels really challenging to me. And, you know, I talked to the
- 1:04:47healthcare authority in Washington, our agency
- 1:04:50responsible for administrating Medicaid.
- 1:04:53And because of Washington's fraud abuse detection system,
- 1:04:58which I supported funding for as a member of the state Senate,
- 1:05:02they have uncovered 35 to 40 credible allegations of fraud.
- 1:05:07That's 35 to 40 out of 20 million claims that they receive
- 1:05:12a year. And to do that math for us, it's
- 1:05:15.0002% of fraudulent claims. And, you know, none of us are
- 1:05:21claiming that no fraud exists. But I think we need to keep in
- 1:05:25mind the scale of the problem here and who is perpetrating the
- 1:05:32incorrect payments. I also want to raise one thing
- 1:05:38that the Health Care Authority suggested might be helpful as we
- 1:05:41talk about efficiencies in government.
- 1:05:43And they said that there is a a federal system to which they, as
- 1:05:49states, don't have immediate access to understand whether
- 1:05:52folks are concurrently enrolled in Medicaid programs from one
- 1:05:56state to the other. I know you know, there is.
- 1:06:01We will have in the next couple of years some changes to that
- 1:06:06database to monitor when someone moves and changes their address.
- 1:06:11But it doesn't allow agencies like the healthcare authority in
- 1:06:14Washington to track whether there's concurrent enrollment.
- 1:06:17And that would be something that I'd love the chance to work on
- 1:06:19with my colleagues and I yield my time.
- 1:06:25Joe Woman yields back her time. Thank you very much.
- 1:06:28We've moved to distinguished gentleman from Tennessee, Mr.
- 1:06:31Burchett. Thank you, Mr. Chairman, and
- 1:06:33thank you, ma'am, for sharing that story about your sister.
- 1:06:36I did not know that. That gave me a lot to think
- 1:06:39about. Miss Koshiya Lek.
- 1:06:43Is that correct? And I get that close.
- 1:06:45You got Kwas and the Fumi and Tim Burchett up here.
- 1:06:47We can. Nobody gets our names right.
- 1:06:49And I probably didn't get his name right.
- 1:06:50So let me ask you a question, ma'am.
- 1:06:53If I can see through this big head of hair right here in front
- 1:06:55of me, what, what are some of the key issues that prevented
- 1:07:00these agencies from prioritizing prevention of improper payments
- 1:07:03and fraud? And I wish you'd also talked a
- 1:07:07little bit about just human error, how that plays into this.
- 1:07:12Yeah. So there's something that can be
- 1:07:14human error and I just want to clarify the fraud to be sure,
- 1:07:18fraud is a big problem. The fraud numbers that we
- 1:07:23estimated over those years was about 3 to 7% of of the funding.
- 1:07:30But to be sure, as we noted, you know, any amount of fraud is, is
- 1:07:34money not going to the intended purpose.
- 1:07:36So some of the key issues I think that prevent folks from
- 1:07:42being able to effectively put the right controls in place does
- 1:07:47have to do with some data sharing, some access, having
- 1:07:52truly understanding the eligibility requirements, the
- 1:07:59data attributes that should be checked and then having that
- 1:08:02right information to be able to do that.
- 1:08:05Checking to make sure that the payments are valid.
- 1:08:08Going to the right person is really what's critical and can
- 1:08:12be some of the key challenges and issues that agencies face.
- 1:08:15The agencies in 2024 fiscal year 2424, they collectively
- 1:08:20estimated approximately 161.5 billion in improper payments.
- 1:08:25Do you think Congress can can get to the point where we can
- 1:08:27stop that? I think the goal is to reduce
- 1:08:31that. You'll probably never get rid of
- 1:08:34the risk of fraud. It's innate in all programs.
- 1:08:37But there should be a concerted effort to have that as low as
- 1:08:40possible and and have the right preventative controls in place
- 1:08:44to not leave so much money on the table to that.
- 1:08:46I guess in this case it's the original sin, so to speak, Yeah.
- 1:08:51How many agencies and programs are using the GA OS fraud risk
- 1:08:56framework now? And why aren't they using it?
- 1:09:00The ones that aren't just. You know, I don't know if we
- 1:09:03know the, the, the true reason why not all of them are using
- 1:09:07it. We do certainly have a
- 1:09:09recommendation to Congress to require agencies to use that.
- 1:09:14We think it's a critical. And and they're currently not
- 1:09:17required. They're not required to follow
- 1:09:19that. Not specifically.
- 1:09:22OK. Thank you.
- 1:09:25What can we do to enable that these agencies recover over
- 1:09:29payments or are they just gone? I always hear people say, oh,
- 1:09:32we're going to call that back. I was in the legislature in
- 1:09:35Tennessee for 16 years and I never saw.
- 1:09:38I mean, it's hook or crook, you know, it's a bogus corporation
- 1:09:42or something, got money somehow or some criminal and they're in
- 1:09:47jail. They're not paying it back.
- 1:09:48They're getting $0.20 an hour stamping out license plates.
- 1:09:54And that's the challenge. In many cases, it's not easy to
- 1:09:58get that money back. OK, Thank you.
- 1:10:00I need and I want to yield the rest of my time to my dear
- 1:10:03friend, Mr. Mafumi, if that's all right.
- 1:10:05Thank you, Mr. Chairman. Well, I want to thank the
- 1:10:09gentleman for yielding. Totally unnecessary, but you're
- 1:10:12not making any points calling me a gentleman.
- 1:10:16Mr. Burchett and myself were like a guitar and a fiddle.
- 1:10:20We both have strings, but we make different sounds and we've
- 1:10:26worked together whenever we can. Usually we're 100% on different
- 1:10:30sides of the aisle, but at moments like this, on something
- 1:10:32like this, I appreciate the gentleman for yielding,
- 1:10:35appreciate his sense of humor and the ability to work with
- 1:10:39him. I do want to just go to two
- 1:10:41quick things that I heard that I don't want to have fall to the
- 1:10:45wayside and get out of the way for the other members,
- 1:10:48particularly Mr. Frost on our side and whoever, Mr. Chairman,
- 1:10:51you have next. Coming up, Mr. Palmer made a
- 1:10:55good point, and I'm really sad that he's not here because he
- 1:10:59talked about this whole enforcement mechanism and
- 1:11:03whether or not there is any enforcement mechanism.
- 1:11:06And without an enforcement mechanism, how can you expect
- 1:11:10agencies or agency heads to do anything at all if we're not
- 1:11:14going to enforce existing law or practice?
- 1:11:18And the other interesting thing was Mr. Gill mention
- 1:11:23consequences to agency heads, which I think is something that
- 1:11:27we ought to talk about, particularly the flip side of
- 1:11:30that, which is incentives to agency heads.
- 1:11:34And I don't know if we are providing them right now.
- 1:11:37So if I'm running agency AB or CI, see a problem and I work my
- 1:11:43tail off to get it fixed so that improper payments are not going
- 1:11:46out, seems to me there ought to be some incentive there for
- 1:11:49agency heads to do that. And there ought to be a hammer
- 1:11:52on the other side for agency heads who fail to do it at all.
- 1:11:56So I just wanted to go back to both of those points.
- 1:11:58I want to thank the the gentleman, I'll call him a
- 1:12:01gentleman again from Tennessee, Mr. Perchard, for yielding this
- 1:12:04time. And I yield back, Mr. Chair.
- 1:12:09Mr. Bircher yields back his time.
- 1:12:11Thank you for the distinguished gentleman.
- 1:12:13We'd now recognize the seniors gentleman from Georgia, Mister
- 1:12:17Jack. Thank you very much, Mr.
- 1:12:19Chairman. And first and foremost, if I
- 1:12:21could follow on that effective line of of of statement from Mr.
- 1:12:25Mufume and that potential line of questioning.
- 1:12:28I was also inspired by Mr. Palmer's statements as relates
- 1:12:32to enforcement. If I could just go down the the
- 1:12:34line, what say you about enhancing the enforcement
- 1:12:37capability, whether through legislative action or executive
- 1:12:40action? Yeah.
- 1:12:44So I think holding people accountable is critical for
- 1:12:49doing anything. But in this case particularly,
- 1:12:52certainly I think agencies should have accountable
- 1:12:56officials and hold those people accountable.
- 1:12:58And like I mentioned, Congress can have an accountability role
- 1:13:01too, through the appropriations process, through having agencies
- 1:13:08and and officials report on their preventative controls that
- 1:13:13they're putting in place to hold them accountable and demonstrate
- 1:13:16how they are doing that. Thank you, Mr. Difenbach.
- 1:13:19Thank you for the question. So we spent the last five years
- 1:13:22at the prac developing and learning lessons learned.
- 1:13:26We put out a program for Blueprint for program integrity.
- 1:13:30So agencies need to to operationalize that and follow
- 1:13:32that. We have perfected ways to find
- 1:13:35simple frauds and more complex frauds.
- 1:13:37So I think one of the answers is they need to have the tools to
- 1:13:40be able to detect again the simple non eligibility issues,
- 1:13:43but also the more complex hidden criminal enterprise, sometimes
- 1:13:46International Criminal enterprises, which we've done a
- 1:13:48good job, I think a phenomenal job of of finding new ways to do
- 1:13:51that with big data. One of them Miss Wagner.
- 1:13:54The key to preventing improper payments, reducing fraud is
- 1:13:57information and technical assistance to the states.
- 1:13:59States are trying to run a good program.
- 1:14:01They don't want headlines, they don't want their their money
- 1:14:04going to the wrong people. And so by supporting them in
- 1:14:06these efforts with funds, with federal support, we can go much
- 1:14:09further penalizing them. Massive cuts to these programs
- 1:14:13will actually go against this purpose and will lead to
- 1:14:15increased improper payments. Thank you all just for in
- 1:14:20closing, a lot of my colleagues have asked very effective
- 1:14:22questions today, but I love history and I would love if I
- 1:14:26could miss Kosciolek. I think we've, we understand
- 1:14:31since 2004, 2003, we've seen 2.8 trillion in improper payments.
- 1:14:34I think that's from GAO. Is that correct?
- 1:14:37And would you say has there been an influx in recent years if you
- 1:14:40were to try to catalog year by year?
- 1:14:42I mean, it's trying to understand the history of of of
- 1:14:45how this ramped up. And, you know, is this something
- 1:14:47that was happening the 40s, fifties, 60s?
- 1:14:49Have you seen it just really skyrocket as government's grown
- 1:14:51and government programs have grown?
- 1:14:53Would love for you to just offer some thoughts on the history of
- 1:14:55how we got here. Yeah, I think certainly some of
- 1:14:59the challenges and and as we mentioned, the importance of
- 1:15:03having really foundational good internal controls is critical so
- 1:15:07that over the years as emergencies are going to arise,
- 1:15:13you have those foundational controls in place, you have
- 1:15:16plans and controls ready to go. I think, you know, as agencies
- 1:15:20and the government is forced to function in dynamic ways, if you
- 1:15:25don't have those foundations in place, that's when I think you
- 1:15:29see that fluctuation and that just exacerbates the problem.
- 1:15:33Sir, if you want to comment on the history of how we got here.
- 1:15:35Please. The threat is always evolving.
- 1:15:38The friction for getting public benefits is gone.
- 1:15:40Anyone with a computer anywhere in the world can apply for
- 1:15:43public benefits. Some of those programs have a
- 1:15:45lot of protections in place as we found a pandemic for our
- 1:15:47work. Many did not.
- 1:15:49So it really takes a big data approach using all the tools
- 1:15:53available to find the hidden connections that you can't find
- 1:15:55manually. We're working on, we're aware of
- 1:15:57142,000 known pandemic fraud cases and they have a
- 1:16:02fingerprint. And we've been able to figure
- 1:16:04out that fingerprint. And our hope is to be able to
- 1:16:05continue our work to help people proactively defend against these
- 1:16:09things and prevent them early, because you cannot fight today's
- 1:16:13fraud issues with yesterday's tools.
- 1:16:15Wonderful Miss Wagner. So Medicaid and SNAP are a
- 1:16:22little bit different than some of the other programs that are
- 1:16:24more recent or were really ramped up during the pandemic.
- 1:16:27They have a long history of working to reduce improper
- 1:16:29payments. They were challenged during the
- 1:16:31pandemic by some new programs, by increased demand and by
- 1:16:35reduced staffing. So now we really need to kind of
- 1:16:37look at the other side of that and stabilize the workforce,
- 1:16:40improve the IT systems to continue reducing those rates.
- 1:16:43I'd like to thank all three of the witnesses for appearing
- 1:16:45before us today. I want to thank the Chairman for
- 1:16:48calling this hearing. And with that, I yield my
- 1:16:50remainder 30 seconds to the Chairman.
- 1:16:51Thank you. Appreciate the distinguished
- 1:16:54gentleman and welcome him not just to the subcommittee but
- 1:16:58really to Congress with an eye towards as a new member as well,
- 1:17:05some other people, including Mr. Frost.
- 1:17:07Mr. Moss was making sure that their words that they say back
- 1:17:13home are met with the reality of other senior members working
- 1:17:19with you to achieve those things.
- 1:17:21And I think that that's the sense that I get that it's a
- 1:17:25100% buy in that we have about the problem.
- 1:17:30Mr. MFU Mayor, want to come to a 100% working towards that answer
- 1:17:36and I want to thank the distinguished gentleman.
- 1:17:39Thank you, Mr. Chairman. The same gentleman from Florida
- 1:17:44is recognized. And good to see you, Mr. Frost.
- 1:17:46Thank you. Thank you.
- 1:17:47Thank you, Mr. Chairman. Hello.
- 1:17:50Thank you so much for for being here today.
- 1:17:52You know, when I was back home and in the District over the
- 1:17:54weekend, everywhere I went to grocery store, walking around
- 1:17:57the park, doing anything, people were coming out to me asking
- 1:18:00about Social Security. And I think a lot of people are
- 1:18:03worried and scared right now. I think part of it has to do
- 1:18:07with a lot of the myths and disinformation that's going
- 1:18:10around. I mean, we've heard this
- 1:18:11constant lie from Elon Musk that 10s of millions of dead people
- 1:18:17are getting Social Security paychecks.
- 1:18:21Claiming fraud. And Social Security, I think is
- 1:18:22one way that folks are going to justify cutting it, pocketing
- 1:18:26the benefits for billionaires, privatizing it.
- 1:18:30Miss Kosilek, Elon Musk is now calling Social Security a Ponzi
- 1:18:35scheme. How concerned are you that
- 1:18:37Social Security is a Ponzi scheme?
- 1:18:42I don't think we have seen indications in our work that
- 1:18:45that is the case. Musk is calling it a Ponzi
- 1:18:49scheme as an excuse to destroy it.
- 1:18:51In my opinion, Americans earn Social Security, three years of
- 1:18:54hard work, and it's a good investment.
- 1:18:56It could be a better investment for Black men because we're
- 1:18:59pretty much donors because we live less time.
- 1:19:02But that's another conversation for another time.
- 1:19:04It's one of the most popular government services.
- 1:19:07And most people support more funding for Social Security, not
- 1:19:10less. Miss Wagner, You know, people
- 1:19:12want shorter wait times, payments processed more quickly.
- 1:19:16But at the same time, the administration wants to cut 7000
- 1:19:20employees from the administration.
- 1:19:22Yesterday somebody from my office called Social Security 30
- 1:19:26days to process something on retirement, 30 days on Medicaid,
- 1:19:29230 days as it relates to disability.
- 1:19:33What would be the effects of these cuts to the Social
- 1:19:36Security Administration right now?
- 1:19:38When staff shrinks, there are fewer people to take
- 1:19:40appointments, to answer phones, to process applications for
- 1:19:43different benefits, and that hurts people nationwide.
- 1:19:46And in addition to their own staff, Social Security
- 1:19:48Administration funds state Disability Determination Service
- 1:19:52employees who decide whether applicants disabilities are
- 1:19:55severe enough to qualify for benefits.
- 1:19:57Their processing time was already at a record high of
- 1:20:00seven months, and we expect cuts will have further impact.
- 1:20:04In addition, 7 in 10 of Social Security staff do serve the
- 1:20:07public directly, so this will. Will have a major impact on
- 1:20:09customer service. Thank you.
- 1:20:12It's and it's not just, you know, billionaires like Elon
- 1:20:14Musk who are going around attacking it.
- 1:20:16My own Florida Senator, Rick Scott, the richest person in
- 1:20:19Congress, which on the topic of fraud, you know, my senator made
- 1:20:22history. He's the man responsible for the
- 1:20:25largest Medicare fraud in the history of this country, $1.7
- 1:20:28billion. He says that Republicans are
- 1:20:31going to have to cut Social Security and quote, why are they
- 1:20:35doing this? Well, to take money from Social
- 1:20:37Security to use it for tax cuts for people who are too rich to
- 1:20:40need it. House Republicans plan to make
- 1:20:43$880 billion in cuts to healthcare.
- 1:20:46This means cuts to Medicaid and Medicare, too.
- 1:20:48Miss Wagner, Four and eight American children are Medicaid
- 1:20:51recipients, including over 60,000 people in my district
- 1:20:55alone. For an Orlando family currently
- 1:20:58receiving Medicaid, what could be the financial fallout from
- 1:21:01losing access to Medicaid? Well, first, when states are
- 1:21:05forced to cut back on funding, they are going to cut back on
- 1:21:08who's eligible and the benefits they receive.
- 1:21:10But cuts will have broader impacts than just those who are
- 1:21:13no longer eligible. They will directly or indirectly
- 1:21:16affect the amount of funds available for state staff, for
- 1:21:19IT systems that support Medicaid.
- 1:21:21And they'll probably lead to more improper payments and
- 1:21:23reduce program integrity. And it will impact people who
- 1:21:26even whose eligibility isn't cut longer call center wait times,
- 1:21:30more errors, uncertainty, stress, and possibly not be able
- 1:21:33to get approved for benefits or losing coverage at renewal even
- 1:21:36though they remain eligible. Thank you.
- 1:21:38You know, before coming to Congress, I worked in
- 1:21:41organizations and one of the proudest things I did was work
- 1:21:44at March for Our Lives. They came after the shooting
- 1:21:46that happened in Parkland. I traveled this country speaking
- 1:21:50with people that disagreed with me on the issue of gun violence.
- 1:21:53But it made me a better person. And something I learned during
- 1:21:56my travels is in order to speak about something in a bipartisan
- 1:22:01way, I think it's really important to make sure people
- 1:22:04are coming at this on the right foot in good faith.
- 1:22:08And I'm all for the modernization of our government.
- 1:22:11I think it's really important. And I say that's the youngest
- 1:22:13person in the United States Congress.
- 1:22:15I think it is very important. But when I see the people
- 1:22:19leading the effort, like Elon Musk call something like Social
- 1:22:23Security a Ponzi scheme, and I hear crickets on the other side
- 1:22:28of the aisle, I have a really hard time taking any of this
- 1:22:32seriously. When I go home and I have people
- 1:22:35coming up to be in the grocery store who are living paycheck to
- 1:22:37paycheck asking me, what are you going to do to protect Social
- 1:22:41Security? So thank you so much and I yield
- 1:22:44back. Jim and yields back his time.
- 1:22:48Distinguished gentleman from Florida, Miss Moskowitz, who's
- 1:22:51asked to be waved on this committee server.
- 1:22:54Delighted Chair. Gentleman's recognized.
- 1:22:57Thank you, Mr. Chairman, Thank you for granting my waiver.
- 1:22:59I, I appreciate it. You know, I've been committed to
- 1:23:04helping the government become more efficient, save dollars, go
- 1:23:07after fraud, waste, abuse. I was the first Democrat to join
- 1:23:09the DOGE caucus, which by the way, hasn't done anything and
- 1:23:12has not been included in anything Elon Musk has done.
- 1:23:16But you know, it's nice that we have a we have a caucus.
- 1:23:20And so this is this is a bipartisan effort.
- 1:23:23Like the chairman mentioned, we do want to get at waste, fraud
- 1:23:26and abuse. But I do think the spelling,
- 1:23:28miss, the spelling fact from fiction is important.
- 1:23:33And I want to drill down real quickly first on what my
- 1:23:39colleague from Florida, Mr. Frost, said.
- 1:23:41And I'm going to be even more direct because I think it's
- 1:23:43important. We'll just go down the line.
- 1:23:45So you gave a, an answer on whether Social Security is a
- 1:23:50Ponzi scheme. The answer is no, right?
- 1:23:52It's not a Ponzi scheme. We have not reported that it's a
- 1:23:56Ponzi scheme. Right, so it's not a Ponzi
- 1:23:57scheme. I'm not aware that it's a Ponzi
- 1:24:00scheme. OK, agreed.
- 1:24:02OK, so Mr. Musk is wrong. No one, no one's going to get
- 1:24:05fired for saying it, right? He's wrong.
- 1:24:08You can say it. It's not a Ponzi scheme.
- 1:24:10I'll say it for you. It's not a Ponzi scheme.
- 1:24:12It's not a Ponzi. OK, He's wrong.
- 1:24:13I know we're afraid to say it. And see, that's part of the
- 1:24:16problem. We're afraid to say that Elon
- 1:24:20Musk is wrong. That's what Mr. Frost was
- 1:24:23talking about. When he says he hears crickets
- 1:24:26from my colleagues, we hear crickets from the witnesses
- 1:24:31because everyone is afraid. When Elon says something, if
- 1:24:35it's patently false, we're afraid to say it's false.
- 1:24:38All right, let's talk about something else.
- 1:24:40The the IG is getting fired. You support the IG is getting
- 1:24:44fired at me. I got to imagine if you're
- 1:24:45interested in getting rid of fraud, waste and abuse.
- 1:24:48They're the people. Trying to get rid of fraud,
- 1:24:51waste and abuse. So they got fired from
- 1:24:53Agriculture, Interior, HUD, Department of Defense, the EPA,
- 1:24:57the State Department, HHS, Veterans Affairs, Labor,
- 1:25:00Transportation. You support that in the mission
- 1:25:05of getting rid of fraud and waste and abuse.
- 1:25:08The Inspector General committee is is critical.
- 1:25:10There are certainly an. An administration can give.
- 1:25:14No opinion whether that was good or bad.
- 1:25:16Again, I we won't say Elon's wrong.
- 1:25:18I know you you won't go there, but was that the right decision?
- 1:25:23You did lose institutional knowledge.
- 1:25:25Certainly administration has a right to change the inspector
- 1:25:28generalist. There are reporting mechanisms
- 1:25:29of. These weren't necessarily in
- 1:25:31like in like let's use numbers, let's use data.
- 1:25:33So like 514951 bad idea. That was a bad idea.
- 1:25:41I'm trying to. The proper protocols weren't
- 1:25:43followed in. Oh, we know it was illegal.
- 1:25:46Don't get me wrong, I didn't. I didn't want to make you say
- 1:25:48that. I appreciate you saying that on
- 1:25:50the record. It was illegal.
- 1:25:51The proper protocols weren't filed.
- 1:25:52But is it good policy if you want to go after fraud, waste
- 1:25:56and abuse? Was that good policy?
- 1:25:58To lose institutional knowledge. No, not good.
- 1:26:01Good policy. I don't think it improves the
- 1:26:04ability to fight fraud waste. Abuse, not good policy.
- 1:26:06Not good policy. OK, right.
- 1:26:07And if you're telling the American people that this is a
- 1:26:11focus of your administration and then you go fire all of the AGS,
- 1:26:16that doesn't seem to compute. OK.
- 1:26:18Lastly, did fraud and an improper payment start with Joe
- 1:26:22Biden in his administration? Was that the first time the
- 1:26:27government has experienced that? That is not the first time no
- 1:26:30fraud was reported. First time, no.
- 1:26:32First time, no. So we got to depoliticize this
- 1:26:36stuff because all we're heated hearing is what happened in the
- 1:26:38last four years and the last four years in 2017, $140 billion
- 1:26:43of improper payments that's inaccurate in. 2024 we reported
- 1:26:52162 billion. No, no, hold on.
- 1:26:54In 2017, 140 billion in improper payments, In 2018 a $150 billion
- 1:27:00of improper payments, In 2019, 174 billion of improper
- 1:27:05payments, and in 2020, two 106 billion of improper payments.
- 1:27:09Those are GAO numbers. So let me just do some math.
- 1:27:13In the first Trump administration, there were $670
- 1:27:16billion of improper payments. I'm not blaming him, but he is
- 1:27:25blaming Joe Biden, and so is Elon Musk blaming for the
- 1:27:29improper payments for what happened in the four years of
- 1:27:32Joe Biden. My point is, Mr. Chairman, if we
- 1:27:35do want to solve this on a bipartisan basis, then we got to
- 1:27:39separate fact from fiction. We got to depoliticize it, $670
- 1:27:44billion of improper payments and fraud, waste and abuse in the
- 1:27:48first Trump administration. Isn't that correct?
- 1:27:51Correct. Isn't that correct?
- 1:27:53I don't have any reason to dodge your math.
- 1:27:54OK. Isn't that correct?
- 1:27:56I believe? So perfect.
- 1:27:58Thank you, Mr. Chairman. Does gentleman seek to give back
- 1:28:05his time, or is gentleman? Mr. Chairman, I had no time
- 1:28:08back, but I will. I'm happy to give you.
- 1:28:10The gentleman your ranking member has asked if we would
- 1:28:14have a second round. Distinguished Gentleman's
- 1:28:16recognized Mr. Vome well. Thank you very much, Mr. Chair.
- 1:28:20I want to thank Mr. Mark Goods and I to the gentleman from
- 1:28:24Florida. I will say Elon Musk is a lie on
- 1:28:27the record, which I've said many times.
- 1:28:29So I guess he's coming after me. One of the things we want to do
- 1:28:33here is to allow everybody freedom of expression.
- 1:28:37This is an issue particularly for the chairman and I.
- 1:28:40We've been working this for a long, long time, and getting to
- 1:28:45the root of this by implementing what we're hearing today and
- 1:28:48what we've learned from previous hearings is extremely, extremely
- 1:28:52important. I don't want to be redundant,
- 1:28:54but again, this whole notion about do we have an enforcement
- 1:28:58mechanism in place when agency heads just watch this sort of
- 1:29:02thing occur under their tenure and do nothing about it, or
- 1:29:06watch it and feel like they can't do anything about it?
- 1:29:09And for those brave souls who do, how do we reward them?
- 1:29:12And what what do we do as a Congress to make sure that we
- 1:29:16were tightening up their spine and that they're doing the right
- 1:29:19thing? I think it's fair to say that
- 1:29:23there will be legislation coming out of this hearing at some
- 1:29:25point in time. I know the chairman has
- 1:29:28expressed an interest that I hope to join him in that regard.
- 1:29:32If we don't do anything else, once the shouting and everything
- 1:29:37else is over with, we've got to find a way to make sure that
- 1:29:40dollars that could be used to help people in this country
- 1:29:44actually get to people. If we're able to slow down this.
- 1:29:47I can't call it a trickle of fraud, waste and abuse.
- 1:29:51An avalanche that has been going on.
- 1:29:52And I've been looking at the GAO numbers going all the way back
- 1:29:55to 2003. So Mr. Markowitz was right, it
- 1:29:58didn't start under Joe Biden. This has been going on and on
- 1:30:01and on, and I think we will have a gross failure on our part if
- 1:30:07we don't find a way in this committee with this win to our
- 1:30:11back to do something about it. I it's, it's going to take calm,
- 1:30:17clear thinking, a resolute determination to make sure that
- 1:30:23whatever legislation we are able to come up with jointly over and
- 1:30:27over again that passes really does get us to where we want to
- 1:30:30be. I would think that everybody in
- 1:30:34this country is appalled to know that there are crooks out here
- 1:30:38who feed on the government, who lie, who cheat, who steal, who
- 1:30:42deliberately find a way to get around the law.
- 1:30:45And I don't know that there's any safe haven for those
- 1:30:48individuals wherever they are. I do know that we've got to
- 1:30:51bring the hammer down on them, which is why I'm so dismayed
- 1:30:55that the inspectors general are not in place to do just that.
- 1:30:59They had started a process and it was yielding results.
- 1:31:03So I'm going to yield back to our our chairman.
- 1:31:07My commitment is to work through these issues, to work in a
- 1:31:12bipartisan way where possible. And I hope that's very possible.
- 1:31:17And to keep saying what we've been saying over and over again,
- 1:31:20which now is starting to get some sort of audience just
- 1:31:24because I guess Elon Musk has a bigger bullhorn than my
- 1:31:29microphone here. But we've been at this.
- 1:31:30This is not new. And we've got to find a way to
- 1:31:34do it in a way that is surgical, deliberate, verifiable, and
- 1:31:39allows for due process. With that, I'm going to yield
- 1:31:42back. Thank you, Mr. Chairman.
- 1:31:43I appreciate the time. Thank you very much.
- 1:31:47And also, if the gentleman does, I don't know if that was your
- 1:31:50closing comments. OK, then I'm going to yield
- 1:31:53myself my time and then I probably will can put those
- 1:31:58together with my closing comments and then we'll get out.
- 1:32:01I want to thank the not only the witnesses who are here today,
- 1:32:06but some of the other who are others who are in the audience.
- 1:32:10I think today you saw a very classic events that happen
- 1:32:16almost every day on the Hill and that is people miss the opening
- 1:32:20statements, they miss some of the Nuggets of information that
- 1:32:25each of you gave. But what resides in each of us
- 1:32:29is a desire. When we hear the term $800
- 1:32:33billion, whether it's waste, fraud or abuse or unintended
- 1:32:37payments, what whatever you would want to put that term
- 1:32:40with, it is frustrating. It's frustrating for us.
- 1:32:45It's frustrating for you. I will tell you that I think
- 1:32:50what Mr. Imphume described was the two of us when he said the
- 1:32:55answer needs to be, I think the answer needs to be a bipartisan
- 1:33:02answer. I think it needs to be looking
- 1:33:05at this together. I think it needs to be this
- 1:33:08subcommittee through his leadership and perhaps hopefully
- 1:33:12through mine, that we can guide us to decision making, that his
- 1:33:17strong voice, my voice, can move us where we need to go.
- 1:33:24Where is it that we need to go? I think today that we heard
- 1:33:27about the pandemic Responsible Accountability Committee is one
- 1:33:32of those answers. It is an answer that it
- 1:33:35currently exists and it was a bipartisan answer.
- 1:33:40It still maintains a good bit of data, but it was done just for
- 1:33:45the pandemic. It was not done for other
- 1:33:47programs that would reside across the government.
- 1:33:50I think that the expertise that Mister Deffenbaugh spoke to me
- 1:33:54about yesterday when I met with him for a good period of time
- 1:33:58was that he sees that they could be a potential front side answer
- 1:34:06to not just waste, fraud and abuse, but on an individual
- 1:34:13basis for the various organizations, Social Security,
- 1:34:18Veterans Affairs, IRS. We spoke about how 18F us for
- 1:34:26some time provided some assurance that they would know
- 1:34:31who a person was on coming in, but we now recognize it didn't
- 1:34:36quite work that way. But the Pandemic Response
- 1:34:40Accountability Committee has effectively been able to prove
- 1:34:44that the work that they have done.
- 1:34:47And so a piece of legislation, I spoke to Chairman Comer about it
- 1:34:52this morning, will be in order within two weeks.
- 1:34:56We're going to go to a markup. We are going to work together.
- 1:35:00We're going to, I think, see the same answer.
- 1:35:04And that is we think that you worked, Mr. Deffenbaugh.
- 1:35:10We think that that answer is an upfront answer.
- 1:35:14And we will then have to find a way to mirror not only what you
- 1:35:20do, but find a way to bring the avenues of data and information
- 1:35:24upfront and apply those same principles to the biggest
- 1:35:30problem. I don't think that we'll go
- 1:35:31overnight directly to you. I don't think your staff for
- 1:35:35that. I don't we'll work together.
- 1:35:38But I do think that the answer lies in upfront gaining the
- 1:35:45information. If the members had all been here
- 1:35:48upfront, they would have heard all three of you concur on that.
- 1:35:52They would have said, well, we need to do this on an upfront
- 1:35:57basis as a person goes through this process, in particular,
- 1:36:01before we send out billions or trillions of dollars to people,
- 1:36:06which is something that I've tried to echo.
- 1:36:08Our government is not prepared to send money out on a mass
- 1:36:12basis at this point. We are not prepared.
- 1:36:17And I'm not trying to disappoint anybody in this administration,
- 1:36:21but we're not prepared for it. We need to get prepared.
- 1:36:24And I believe that Mister Infume and I, who've been given this
- 1:36:28authority and responsibility, will continue to work with you.
- 1:36:34I'll be quite honest, I was delighted with what I heard
- 1:36:37yesterday from GAOI think that they have provided us a lot of
- 1:36:42information which is allowing us to hone in not only on the
- 1:36:47problems but the answers. And I think if we move our self
- 1:36:52to answers through a process that people understand and
- 1:36:57expect, it will mean that a lot of people gain confidence in not
- 1:37:04only the federal government but the workforces that are there.
- 1:37:09Lastly, I don't want to do this necessarily because the
- 1:37:13gentlemen are not here, Mr. Frost, Miss Moskowitz, but it I,
- 1:37:19I think might be slightly a revision to what he said about
- 1:37:25their hearing. Crickets.
- 1:37:27In fact, the $800 billion is a 10 year number.
- 1:37:33These will be votes that will be taken.
- 1:37:36And we have already seen where these numbers which are being
- 1:37:41looked at by this Doge organization.
- 1:37:45O MB, O MB in the government is reporting that they believe the
- 1:37:52huge numbers of quote cuts could be achieved by reducing the
- 1:37:59amount of unintended payments and we could look back.
- 1:38:04I did not do that to to line up whether it's Medicare, whether
- 1:38:09it's Medicaid, whether it's VA, whether it's SBAI did not look
- 1:38:13at that from the information that GAO has given us.
- 1:38:17What I will tell you is, is that people like me, and I think
- 1:38:24people like Mr. Infume want to do something about it.
- 1:38:29People like me, I am a Republican, believe that we can
- 1:38:35get credit for cutting waste, fraud and abuse.
- 1:38:40And we have laid down the gauntlet to say we are going to
- 1:38:45do the things that would be necessary to cut unintended
- 1:38:52payments, and we're going to work those into the government.
- 1:38:57And we're going to make sure this happens.
- 1:39:00And that will be done on a bipartisan basis.
- 1:39:03But for us to assume that we cannot make this better by
- 1:39:10growth, that we would make it better by growing the
- 1:39:14organization, I would submit to you, I don't agree with that.
- 1:39:19I don't agree that we can do it by keeping workers at home
- 1:39:23rather than in the office, working with databases and
- 1:39:27figuring out who wants to get committed.
- 1:39:30And this is where I saw the process that is political, where
- 1:39:34the president said if you don't choose not to want to come back,
- 1:39:37He understood that he would offer a buyout plan that was
- 1:39:41immediately attacked. We live in a political world and
- 1:39:46there are people who will attack President Biden or President
- 1:39:50Trump just from their word go, the word go of their name.
- 1:39:55So I would submit to you that I think that we are not having
- 1:39:59crickets. We are having a plan that we're
- 1:40:02laying out. I've got to do a better job as
- 1:40:06one of the Co chairman of DOGE. It is my opportunity and my real
- 1:40:11need to talk to the American people with clarity.
- 1:40:15But as the father of a Down syndrome young man who is 31
- 1:40:19years old, I too have been through and seen how our
- 1:40:24services that we offer to those people who cannot take care of
- 1:40:27themself and their families should not be the ones that find
- 1:40:33themselves on the wrong end of these changes.
- 1:40:39It is true what was stated to hear today that families that
- 1:40:43have disabled people, disabled children, disabled adults,
- 1:40:49people they care for have a higher threshold of frustration
- 1:40:57of working through the system. And I think that system will get
- 1:41:02better as we hone ourself through the work that would be
- 1:41:07done on a bipartisan basis and less fear.
- 1:41:12The fear that people have about losing Social Security is in
- 1:41:19fact not true. It would not be true.
- 1:41:25It is not the goal of Elon Musk or of this government, and I do
- 1:41:33recognize there have been some words stated about their
- 1:41:40problems with what they see as an aggregate amount of
- 1:41:44unintended payments. But I will tell you that there
- 1:41:49is more than enough room to stop the unintended payments that
- 1:41:54would equal the amount of money that is almost destined to be
- 1:41:59cut. We deal with 10 year numbers,
- 1:42:03not one year numbers. We deal with numbers that are
- 1:42:07exponentially high. And it sounds almost like, Oh my
- 1:42:12gosh, they're going to shut down the program.
- 1:42:16In fact, there needs to be thought process behind it.
- 1:42:20I am no way am afraid of a town hall meeting of explaining what
- 1:42:26we're doing. But as a member of Congress, if
- 1:42:30we accept that where we are and where we have been is acceptable
- 1:42:35to our future, we are missing the boat.
- 1:42:38So I would ask that each of you know that you got asked tough
- 1:42:45questions today. Doesn't bother me.
- 1:42:48But to have the confidence that if we move forward together,
- 1:42:52including Mr. Mfume and myself, that we can end up in a point
- 1:42:57where we look at each other and say we made this better, We
- 1:43:02saved the money that was actually destined for people
- 1:43:07that it was intended to, and then we'll see what the score
- 1:43:11is. I have great confidence we can
- 1:43:14do this. So I do not want to a
- 1:43:17conversation that they hear crickets to be part of this.
- 1:43:23There are not crickets. There is a really daunting task
- 1:43:28of us to take this $1.7 trillion or $2.7 trillion, whatever the
- 1:43:35amount was that is laid in front of us.
- 1:43:39And we were never talking about cuts that were bigger than that.
- 1:43:44We were talking about cuts that are way less.
- 1:43:47But that makes sense. So I want to thank each of you
- 1:43:50for being here today. I think each of you did well
- 1:43:54enough to be invited back. But perhaps more importantly, we
- 1:43:59would like to work with you and Mr. Mfume and I are going to
- 1:44:02deal with this and legislation will pass it to you and also see
- 1:44:08if you would, what your opinion might be for that.
- 1:44:11But I want to thank you each for being here today.
- 1:44:15The gentleman Does the gentleman wish to further time?
- 1:44:18Just to thank our witnesses. We do thank our witnesses and
- 1:44:22that they stick around a second. Mr. Mfume and I are going to end
- 1:44:25this hearing and come and thank you for being here.
- 1:44:29This concludes the hearing today.
- 1:44:31I want to thank the witnesses and you're now excused.
- 1:44:41My script, right? Whoops, we will.
- 1:44:45Where's the five day? Well, hold on just a second.
- 1:44:48I'm sorry. We will.
- 1:44:51Without objection, we will extend to where's the statement
- 1:44:57you want me to read The five days?
- 1:44:59It's all 5 legislative days for people to ask for questions and
- 1:45:04to receive information. Where is that bill?
- 1:45:10Where is it? I don't see it, and I apologize.
- 1:45:14It's a normal thing we do. There you go, Crystal.
- 1:45:16All right. That's unanimous consent that
- 1:45:23all numbers. For our phone, yeah, I've.
- 1:45:26Legislated. Yeah, I know what it says, but
- 1:45:29I'm going to read. Oh, there it is.
- 1:45:31With all that said, without objection, all members will have
- 1:45:345 legislative days within which to submit additional written
- 1:45:37questions for witnesses, which before did the witness for their
- 1:45:40response. There's no further business.
- 1:45:43Without objection, Subcommittee stands adjourned.
- 1:45:59Hey, thank you so much for listening today.
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