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<title> - WASTE, FRAUD, AND ABUSE GO VIRAL: INSPECTORS GENERAL ON CURING THE DISEASE</title> |
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[House Hearing, 118 Congress] |
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[From the U.S. Government Publishing Office] |
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WASTE, FRAUD, AND ABUSE GO VIRAL: |
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INSPECTORS GENERAL ON CURING |
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THE DISEASE |
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HEARING |
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BEFORE THE |
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SUBCOMMITTEE ON GOVERNMENT OPERATIONS AND THE FEDERAL WORKFORCE |
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OF THE |
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COMMITTEE ON OVERSIGHT |
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AND ACCOUNTABILITY |
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HOUSE OF REPRESENTATIVES |
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ONE HUNDRED EIGHTEENTH CONGRESS |
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FIRST SESSION |
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MARCH 9, 2023 |
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Serial No. 118-10 |
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Printed for the use of the Committee on Oversight and Accountability |
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[GRAPHIC NOT AVAILABLE IN TIFF FORMAT] |
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Available on: govinfo.gov |
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oversight.house.gov or |
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docs.house.gov |
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U.S. GOVERNMENT PUBLISHING OFFICE |
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51-631 PDF WASHINGTON : 2023 |
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COMMITTEE ON OVERSIGHT AND ACCOUNTABILITY |
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JAMES COMER, Kentucky, Chairman |
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Jim Jordan, Ohio Jamie Raskin, Maryland, Ranking |
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Mike Turner, Ohio Minority Member |
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Paul Gosar, Arizona Eleanor Holmes Norton, District of |
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Virginia Foxx, North Carolina Columbia |
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Glenn Grothman, Wisconsin Stephen F. Lynch, Massachusetts |
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Gary Palmer, Alabama Gerald E. Connolly, Virginia |
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Clay Higgins, Louisiana Raja Krishnamoorthi, Illinois |
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Pete Sessions, Texas Ro Khanna, California |
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Andy Biggs, Arizona Kweisi Mfume, Maryland |
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Nancy Mace, South Carolina Alexandria Ocasio-Cortez, New York |
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Jake LaTurner, Kansas Katie Porter, California |
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Pat Fallon, Texas Cori Bush, Missouri |
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Byron Donalds, Florida Shontel Brown, Ohio |
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Kelly Armstrong, North Dakota Jimmy Gomez, California |
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Scott Perry, Pennsylvania Melanie Stansbury, New Mexico |
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William Timmons, South Carolina Robert Garcia, California |
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Tim Burchett, Tennessee Maxwell Frost, Florida |
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Marjorie Taylor Greene, Georgia Becca Balint, Vermont |
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Lisa McClain, Michigan Summer Lee, Pennsylvania |
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Lauren Boebert, Colorado Greg Casar, Texas |
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Russell Fry, South Carolina Jasmine Crockett, Texas |
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Anna Paulina Luna, Florida Dan Goldman, New York |
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Chuck Edwards, North Carolina Jared Moskowitz, Florida |
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Nick Langworthy, New York |
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Eric Burlison, Missouri |
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Mark Marin, Staff Director |
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Jessica Donlon, Deputy Staff Director and General Counsel |
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Bill Womack, Senior Advisor |
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Ryan Giachetti, Counsel |
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Mallory Cogar, Deputy Director of Operations and Chief Clerk |
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Contact Number: 202-225-5074 |
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Julie Tagen, Minority Staff Director |
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Contact Number: 202-225-5051 |
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Subcommittee on Government Operations and the Federal Workforce |
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Pete Sessions, Texas, Chairman |
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Gary Palmer, Alabama Kweisi Mfume, Maryland Ranking |
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Clay Higgins, Louisiana Minority Member |
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Andy Biggs, Arizona Eleanor Holmes Norton, District of |
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Byron Donalds, Florida Columbia |
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William Timmons, South Carolina Maxwell Frost, Florida |
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Tim Burchett, Tennessee Greg Casar, Texas |
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Marjorie Taylor Greene, Georgia Gerald E. Connolly, Virginia |
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Lauren Boebert, Colorado Melanie Stansbury, New Mexico |
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Russell Fry, South Carolina Robert Garcia, California |
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Chuck Edwards, North Carolina Becca Balint, Vermont |
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Eric Burlison, Missouri Summer Lee, Pennsylvania |
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Jasmine Crockett, Texas |
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C O N T E N T S |
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Page |
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Hearing held on March 9, 2023.................................... 1 |
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Witnesses |
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Mr. Larry D. Turner, Inspector General, U.S. Department of Labor |
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Oral Statement................................................... 5 |
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Mr. Richard Delmar, Acting Inspector General, U.S. Department of |
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the |
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Treasury |
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Oral Statement................................................... 7 |
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Mr. Sheldon Shoemaker, Deputy Inspector General, U.S. Small |
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Business Administration |
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Oral Statement................................................... 8 |
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Written opening statements and statements for the witnesses are |
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available on the U.S. House of Representatives Document |
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Repository at: docs.house.gov. |
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Index of Documents |
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* Final Report of the Select Subcommittee on the Coronavirus |
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Crisis, December 2022; submitted by Rep. Mfume. |
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* Statement for the Record; submitted by Rep. Connolly. |
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* Questions for the Record: to Mr. Delmar; submitted by Rep. |
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Sessions. |
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* Questions for the Record: to Mr. Delmar; submitted by Rep. |
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Mfume. |
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* Questions for the Record: to Mr. Delmar; submitted by Rep. |
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Connolly. |
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* Questions for the Record: to Mr. Turner; submitted by Rep. |
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Sessions. |
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* Questions for the Record: to Mr. Turner; submitted by Rep. |
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Mfume. |
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* Questions for the Record: to Mr. Turner; submitted by Rep. |
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Connolly. |
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* Questions for the Record: to Mr. Shoemaker; submitted by Rep. |
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Sessions. |
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* Questions for the Record: to Mr. Shoemaker; submitted by Rep. |
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Mfume. |
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* Questions for the Record: to Mr. Shoemaker; submitted by Rep. |
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Connolly. |
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* Questions for the Record: to Mr. Shoemaker; submitted by Rep. |
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Garcia. |
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Documents are available at: docs.house.gov. |
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WASTE, FRAUD, AND ABUSE GO VIRAL: |
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INSPECTORS GENERAL ON CURING |
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THE DISEASE |
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---------- |
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Thursday, March 9, 2023 |
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House of Representatives |
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Committee on Oversight and Accountability |
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Subcommittee on Government Operations and the Federal Workforce |
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Washington, D.C. |
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The Committee met, pursuant to notice, at 2:02 p.m., in |
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room 2154, Rayburn Office Building, Hon. Pete Sessions |
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(Chairman of the Subcommittee) presiding. |
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Present: Representatives Sessions, Comer, Palmer, Higgins, |
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Biggs, Donalds, Timmons, Greene, Boebert, Edwards, Burlison, |
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Mfume, Norton, Connolly, Stansbury, Garcia, Frost, Balint, and |
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Casar. |
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Mr. Sessions. The Subcommittee on Government Operations and |
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the Federal Workforce will come to order. |
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I want to thank each of you for being here. It is now 2 on |
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March the 9th. And with agreement--we are the minority and the |
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majority--we are delighted to have the hearing today, which we |
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are going to make sure that we get closer to working for a more |
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efficient government on behalf of the taxpayer. |
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Without objection, the Chair may declare recess at any |
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time. |
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I recognize myself for the purpose of making an opening |
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statement. |
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I would like to welcome each of you to the first hearing of |
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the newly configured Government Operations and Federal |
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Workforce Subcommittee. I would like to offer welcome to the |
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Ranking Member of the Committee, my friend, Mr. Mfume. Mr. |
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Mfume, I look forward to working with you. And as we have |
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agreed, even though this is all brand new, we are going to work |
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together, but you should expect me to approach you about the |
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items that I think are important, and I want to hear from you |
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about those items which you believe we should, with joint |
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agreement, undertake together. |
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Today, we will continue the work of this Committee that |
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began last month to examine what is called waste, fraud, and |
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abuse in the COVID relief programs. Already the Committee's |
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work has made an impact in the form of the Biden |
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Administration's long overdue anti-fraud plan, which was |
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formally released in the wake of the full Committee hearing |
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last month. We have yet to see the details of the plan, but |
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this Administration has made certain that they will brief us on |
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this issue because it is important to them, it is important to |
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us, and it is important to the American people. |
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So here we are, trying to work together, calling for |
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bipartisan legislation, but we must do this, and it really sits |
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right now on the feet of the Administration to make sure we all |
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work together. We are not going to blame anyone. We want to run |
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to fix, not fight. But hearing the experts last month, this |
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Committee heard that Federal and state agencies were not |
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prepared for this massive undertaking, which included a lot of |
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money, of funds, and created an unprecedented demand and |
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accelerated timeframes to deal with a pandemic. But the reality |
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is fraud and improper payments in Federal programs have been |
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growing, and these are not new problems. They are problems that |
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must be addressed, and I have a sneaking suspicion we are going |
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to find out we may be in the same circumstance again. So, it is |
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up to all of us to work together to find better answers. |
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Another reality is that the amount of fraud and improper |
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payments in the COVID relief program is so large that it is |
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larger than the GDP of many other countries. So, we need to |
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look past the past and determine the underlying problems, but |
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we need to focus on the present, what is being done, and the |
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future, what needs to be done. We need to determine what we |
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need to do in terms of additional legislation. If it is |
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required, we want to approach it as best we can together. And |
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the statute of limitations on fraud cases likely to be |
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extended, we will ask your opinion on that. |
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As our work continues, we need to examine why existing |
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Federal capacities and capabilities, like the Treasury's Do Not |
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Pay system, apparently did not serve as the most failsafe |
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system during the pandemic. We need to examine efforts to |
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protect against identity theft, a main factor in COVID fraud. |
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This will lead us to GSA's Login.gov, intended to be a one-stop |
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shop to verify the identity of those seeking Federal benefits. |
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We need to hear from the private sector, both in terms of what |
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technologies exist to protect against fraud, but also to make |
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sure that we are bringing to bear those things which allow |
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government quickly and ably to prepare itself for crisis. So, |
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there is a lot that needs to be done as part of this: adopting |
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a recurrent oversight model for the Subcommittee to track |
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agency progress. |
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I want to thank today's witnesses. Mr. Turner, thank you |
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for taking time to be with us today, Inspector General from the |
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Department of Labor; Mr. Delmar, Acting Inspector General at |
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the Department of Treasury; and Mr. Shoemaker, Deputy Inspector |
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General at the SBA, Small Business Administration. So, Mr. |
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Shoemaker, I understand you got this promotion six months ago, |
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so congratulations. We are delighted that you are here. I also |
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understand that you are appearing in place of Mr. Ware, the |
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Inspector General, since he is at a memorial service for his |
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grandmother. I hope that you would convey to him that your |
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presence today is appreciated and that we wish him the best in |
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this time of need for his family matters. |
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With that, I would now like to recognize the Ranking |
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Member, my friend, Mr. Mfume, for any opening statement that he |
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would choose to make. The gentleman is now recognized for the |
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purpose of making an opening statement. |
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Mr. Mfume. Well, thank you very, very much, Mr. Chair. I |
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want to thank you for convening this meeting. I agree with what |
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you said earlier that our purpose here is to find out what went |
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wrong and how to make sure it doesn't go wrong again. And I |
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want to add my thanks again to the three of you, as the |
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Chairman just mentioned, individually and collectively, for |
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what you do. And I know I keep saying it is a hard job, but it |
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is a hard job because when it is done right, it really requires |
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a great deal of going beyond the job descript and working to |
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find ways to make us better as a Nation. So, thank you again, |
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Mr. Sessions. I am looking forward to working with you. This is |
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our inaugural meeting of this Committee that has been |
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established in the 118th Congress, and I am hoping that we can |
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move forward in many ways on bipartisan issues to come up with |
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solutions because at the end of the day, that is why we were |
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all sent here. |
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Today, the Oversight Subcommittee on Government Operations |
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and the Federal Workforce convenes. As I just said, it is the |
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first hearing of the 118th Congress. As Ranking Member of the |
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Subcommittee and as a Member who represents a large population |
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of Federal workers, I look forward to supporting our Nation's |
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hard working civil servants. And the American people, in my |
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opinion, deserve a Federal Government that delivers |
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responsible, credible, and effective policies and programs. |
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Though we may differ sometimes in terms of our strategies and |
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our programs, I believe that the Chair and I are seriously |
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committed to serving the constituencies to the best of our |
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abilities. And Chairman Sessions, again, I am looking forward |
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to the many days and weeks ahead as we try to do that together. |
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Today, we hold the second hearing of this Congress focused |
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on the subject of evaluating improper payments and fraud in |
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pandemic programs. I want to remind my fellow Members that |
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millions of Americans, regardless of their political |
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affiliation or their geography, felt the effects of the global |
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pandemic when individuals and families and communities |
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desperately needed a lifeline. Congress acted swiftly to |
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provide expanded unemployment benefits to workers. We directed |
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administrative funding to states that were struggling to |
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process skyrocketing unemployment insurance claims, and these |
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expanded benefits over time helped millions of Americans to |
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make ends meet. And my office alone worked with hundreds of |
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constituents throughout the Greater Baltimore area to ensure |
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that they receive these crucial dollars, these real dollars |
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that were meant for real people. |
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The pandemic triggered, as we all know, economic |
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uncertainty, particularly the disastrous things that have |
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happened to our small business community, so much so that by |
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April 2020, an estimated 45 percent of those businesses across |
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the country unfortunately were forced to shut their doors. |
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Thankfully, Congress's Paycheck Protection Program authorized |
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the Small Business Administration to distribute a record $800 |
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billion to help affected businesses across the country continue |
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to pay their employees. Unfortunately, what we have seen |
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previously failed to implement the safeguards that we in the |
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Congress explicitly designed by statute, which exacerbated, in |
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my opinion, the pandemic fraud. |
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On the other hand, Congress and the Biden Administration |
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took decisive action to identify improper payments and to |
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combat fraud. For example, congressional Democrats passed the |
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American Rescue Plan, which included additional funding for |
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Federal offices and offices of inspectors general to be able to |
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do what all of you are doing, that is to combat fraud. We |
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established the COVID-19 Fraud Enforcement Task Force, as you |
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are aware. And in the previous Congress, while I served as vice |
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chair of the Small Business Committee, we held substantial |
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hearings on COVID-19 pandemic relief programs. We participated |
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in numerous bipartisan briefings with the SBA. I co-sponsored |
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and we all moved to pass H.R. 7352, the PPP and Bank Fraud |
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Enforcement Harmonization Act of 2022, which, again, was a |
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bipartisan bill to extend the statute of limitations and to be |
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able to go after the bad guys that continued to commit PPP |
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fraud. These are real solutions that helped the agencies to |
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crack down on fraud and to make sure that our Federal dollars |
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were being used and being sent to where they were intended to |
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go. |
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In March 2020, the Subcommittee on Government Operations, |
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led by my friend, Mr. Connolly of Virginia, held a hearing to |
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explore how the Federal Government should, in fact, use data |
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sharing, proactive analytics, and customer experience to |
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research and to prevent improper payments and fraud before they |
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occur. |
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Throughout the pandemic, many of us have fought hard on |
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behalf of Americans all over the country. I would remind |
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everyone that it was under Chairman Jim Clyburn's leadership |
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that the Subcommittee on the Coronavirus Crisis held seven |
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hearings focused on combating fraud in relief programs and |
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recovered millions, at least $109 million, and they are still |
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recovering money that was improperly used and payments that |
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went out improperly. Among the many accomplishments, that |
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committee helped us to be able to do what we ought to do when |
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things go awry, and that is to try to find a way to save |
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taxpayers' dollars before they continue to become victims of |
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fraud. And I would like to enter, Mr. Chairman, into the record |
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the final report of that subcommittee. |
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Mr. Sessions. Without objection, it will be entered in the |
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record. |
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Mr. Mfume. Thank you, sir, which details the major |
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successes of that Democratic effort to prevent fraudsters from |
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exploiting weaknesses in the program. |
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I would like to just close by saying I want to really be |
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clear. Fraudsters must be identified, prosecuted, and sent to |
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jail. This is theft, grand theft with a great deal of |
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premeditation, and to be able to find a way to recover funds |
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and to protect the innocent, I think is the very least we can |
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do. And the innocent, in this instance, is the United States of |
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America, which responded, as it should, to the great need that |
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had come about as a result of the pandemic. |
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So, I look forward to today's hearing. Gentlemen, I would |
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just say this to you also. Aside from the fact that I think you |
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have a very hard job, we are looking to you to find out what |
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you found out and to tell us how we can legislatively and in a |
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bipartisan manner put in place the things that we need, based |
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on your investigations, to stop a lot of what is still going |
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on, but more importantly, to prevent the things that are |
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incubating now that we--and you have identified and we know are |
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huge problems. |
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So, with that, Mr. Chair, I want to thank you again, and I |
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yield back the balance of my time. |
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Mr. Sessions. I thank the gentleman, the Ranking Member, my |
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friend, but also for his comments which we agree on. And so, we |
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will shake hands here with an opportunity to begin that way, |
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and we will work on this. I want to thank also the |
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distinguished gentleman, the Chairman of the Committee, Mr. |
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Comer, for him taking time to be with us today, also my |
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colleagues that have joined us, and my colleagues and your |
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colleagues that are on this side. |
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We will go through witness introductions here very quickly. |
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The gentleman, Mr. Larry Turner, serves as Inspector General of |
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the Department of Labor. He leads the organization in detecting |
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and deterring waste, fraud, and abuse in the Department of |
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Labor programs. This includes investigating fraudulent |
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unemployment insurance claims and improper payments that |
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resulted from COVID-19 pandemic programs. Our next witness will |
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be the gentleman, Richard Delmar, serves as the Acting |
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Inspector General of the Treasury Department. In this role, he |
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conducts oversight of Treasury programs and operations, |
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including the Coronavirus Relief Fund and the Coronavirus State |
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and Local Fiscal Recovery Funds. He also supported the |
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operation of the Pandemic Response Accountability Committee to |
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bring together the IG's affected in all the areas. Last, |
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Sheldon Shoemaker is the Deputy Inspector General at the U.S. |
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Small Business Administration Office of Inspector General. He |
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serves as a principal adviser to the IG and assists with |
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conducting oversight of the SBA's programs and operations, |
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including the Paycheck Protection Program and the Economic |
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Injury Disaster Loan program. |
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Gentlemen, I would ask pursuant to Committee Rule 9(g), the |
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witnesses would please stand and raise their right hands to be |
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sworn, and the gentlemen will affirm at the end, if you would |
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choose. |
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Do you solemnly swear or affirm that the testimony that you |
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are about to give is the truth, the whole truth and nothing but |
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the truth, so help you God? |
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[A chorus of ayes.] |
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Mr. Sessions. Let the record reflect that all three |
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witnesses, thank you very much, answered the question in the |
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affirmative, and thank you very much. |
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We are now going to begin those opening statements. Mr. |
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Turner, you will be first. Mr. Delmar, you will be second. Mr. |
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Shoemaker, you will be third. |
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The gentleman, Mr. Turner, is recognized. |
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STATEMENT OF LARRY D. TURNER, INSPECTOR GENERAL, U.S. |
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DEPARTMENT OF LABOR |
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Mr. Turner. Good afternoon, Chairman Sessions, Ranking |
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Member Mfume, and distinguished Members of the Committee. Thank |
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you for the opportunity to testify today. Although the OIG |
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oversees all DOL programs, my testimony focuses on our |
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oversight of the Unemployment Insurance Program. The views |
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expressed here are based on the independent work of the OIG and |
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are not intended to reflect DOL's positions. |
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Mr. Chairman, the OIG remains committed to assisting DOL |
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and Congress in improving the efficiency and integrity of the |
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UI Program. Strengthening the program to prevent and detect |
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fraud is key to ensuring that unemployed workers quickly |
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receive needed benefits while safeguarding taxpayer dollars. |
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For many years, the OIG has highlighted significant concerns |
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with DOL and states' ability to deploy UI benefits |
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expeditiously and efficiently while ensuring integrity and |
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adequate oversight. The pandemic compounded these challenges, |
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creating a perfect storm. As the OIG reported, states were not |
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prepared to process the historic volume of claims, resulting in |
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significant delays. Initial reliance on claimant self- |
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certification rendered the PUA Program susceptible to fraud, |
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and the unprecedented infusion of Federal funds gave fraudsters |
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a high value target to exploit. |
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That, combined with ease of identity theft and system |
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weaknesses previously identified by the OIG, allowed criminals |
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to defraud the program. DOL recently reported an annual |
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improper payment rate estimate of 21.52 percent for Fiscal Year |
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2022. When applied to the approximately $888 billion in UI |
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benefits paid during the pandemic, at least $191 billion could |
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have been paid improperly, with a significant portion |
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attributable to fraud. |
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Following the passage of the CARES Act, fraud against the |
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UI Program exploded. Since April 1, 2010, the OIG opened more |
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than 198,000 UI investigative matters. This represents 1,000 |
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times increase in the volume of our UI work. The OIG took |
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immediate action to respond to this crisis. After passage of |
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the CARES Act, we issued an advisory report identifying initial |
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areas of concern for DOL and the states. Since then, we |
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released several additional reports. We also hired additional |
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investigators, strengthened our data analytics program, and |
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worked with DOJ to create a national UI fraud Task Force. We |
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leveraged CIGI and PRAC resources, implemented outreach and |
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education with the states, and collaborate with PRAC, DOJ and |
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the Secret Service to recover fraudulent funds. We also engaged |
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with international law enforcement partners to pursue |
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transnational organized criminal groups. |
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The OIG efforts resulted in more than 700 search warrants |
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executed and 1,200 individuals charged with UI fraud. These |
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charges resulted in more than 500 convictions, 11,000 months of |
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incarceration, and now $105 million of investigative results. |
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We also identified $45.6 billion in potentially fraudulent UI |
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benefits paid to four high-risk areas. |
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In response to our recommendations, DOL instituted efforts |
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to improve the UI Program. However, several OIG recommendations |
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remain unimplemented regarding OIG's access to UI data: state |
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staffing and IT modernization, guidance and assistance to the |
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states, and controls for improper payments. |
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Mr. Chairman, I want to take a minute to highlight three |
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challenges impacting our work. First is data access. For years, |
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the OIG requested access to data to proactively monitor the UI |
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Program. Given the magnitude of the issues at the start of the |
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pandemic, we took the unprecedented step of issuing IG |
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subpoenas to all state work force agencies. The data allowed us |
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to identify billions in potential fraud. However, the subpoena |
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process took months and delayed our ability to detect fraud. |
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Second, the statute of limitations associated with pandemic |
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UI fraud will start to expire in early 2025. UI crimes often |
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include complex schemes and require significant resources and |
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time to investigate. Last year, we recommended that Congress |
|
extend the statute of limitations. Third, our work is being |
|
impacted by resource limitations. The OIG received $38.5 |
|
million to oversee close to $1 trillion in expanded programs. |
|
Unfortunately, it will be fully expended by April 2024. |
|
Combined with a lower-than-expected Fiscal Year 2023 |
|
appropriation, our funding is insufficient to maintain the |
|
level of oversight we deployed during the pandemic. However, |
|
the President's recent proposal to provide OIG with $100 |
|
million would allow us to continue fighting pandemic-related |
|
fraud beyond 2024. |
|
Mr. Chairman, thank you for the opportunity to testify |
|
about our work overseeing the UI Program. I want to thank the |
|
dedicated OIG employees, who continue to work tirelessly in |
|
support of our oversight mission. I look forward to answering |
|
any questions that you or any Members of the Committee may |
|
have. Thank you. |
|
Mr. Sessions. Mr. Turner, thank you very much. We are going |
|
to take you up on the activities that you talked about, and |
|
that will be done together. Mr. Delmar, you are recognized. |
|
|
|
STATEMENT OF RICHARD DELMAR, ACTING INSPECTOR GENERAL, U.S. |
|
DEPARTMENT OF THE TREASURY |
|
|
|
Mr. Delmar. Thank you, Mr. Chairman, Ranking Member Mfume, |
|
and Members of the Subcommittee. I am Rich Delmar, the Acting |
|
Inspector General of the Treasury Department. Thanks for |
|
inviting me to discuss our office's oversight work to address |
|
wasteful spending in pandemic recovery programs. |
|
Among the three acts that we are talking about here, |
|
Treasury's responsibilities and workloads have expanded greatly |
|
since 2020. The Department, other than the IRS, is tasked with |
|
programming for over $655 billion in aid to more than 35,000 |
|
recipients, including state, local, territorial, and tribal |
|
government entities, all in a relatively short period of time. |
|
My office is responsible for oversight of 12 programs, and I |
|
will talk today about four of them where our oversight has |
|
found improper payments, fraud, question costs, and internal |
|
control problems. They are the Air Carrier Payroll Support |
|
Program, the original Coronavirus Relief Fund, the Emergency |
|
Rental Assistance Program, and the State and Local Fiscal |
|
Recovery Fund. |
|
The Air Carrier Payroll Support Program requires Treasury |
|
to provide financial assistance to passenger and cargo air |
|
carriers and related contractors for the continuation of |
|
payments of employees' wages, salaries, and benefits. Among the |
|
three acts, a total of $63 billion has been and will be made |
|
available to these recipients. We are mandated to audit the |
|
certified financial reports that a subset of this eligible |
|
universe provides to Treasury and that determines the funding |
|
amounts that they receive. In our work, we found that unclear |
|
guidance and rules resulted in systemic calculation and |
|
reporting mistakes. We worked with Treasury to correct this, |
|
and the applicants resubmitted their reports, but it allowed |
|
self-certification with no independent Treasury review of the |
|
financial information. This is not fully effective, and we are |
|
working with the Department to get a statistically reliable |
|
estimate of improper payments. |
|
Moving on. The Coronavirus Relief Fund appropriated $150 |
|
billion for making payments to states, territories, tribal |
|
governments, and qualifying units of local government for costs |
|
incurred between March 2020 and December 2021, or December 2022 |
|
for tribal entities. Through our reviews of the quarterly |
|
audited awardee reporting, through audits and desk reviews, we |
|
have identified question costs of $2.6 billion thus far for |
|
unsupported and unallowable charges to the CRF. We have |
|
identified internal control deficiencies, such as lack of |
|
supporting documentation, unallowable costs, and payroll |
|
expenses not supported, and we expect that these types of |
|
findings will likely occur in other Treasury programs if not |
|
corrected. |
|
Under the two emergency rental programs, $47 billion was |
|
approved for grants to states, territories, tribal governments, |
|
and certain units of local government. We are auditing |
|
Treasury's implementation of the program, and we have noted |
|
concerns with an overall delayed standup of the grantee |
|
reporting portal and Treasury's compliance monitoring |
|
functions, which impedes monitoring and audit. These ERA |
|
programs have engendered a lot of coverage and a lot of |
|
complaints that we have received. We have set up a cross- |
|
functional component made up of auditors, investigators, and |
|
lawyers to review and process these complaints to determine |
|
whether they warrant investigation, or audit, or referral to |
|
another agency for resolution. That is a significant priority |
|
for us. |
|
Last, the $350 billion State and Local Fiscal Recovery Fund |
|
has a broader set of allowable uses. And we have been auditing |
|
the implementation of this, and we have noted, again, a delayed |
|
standup of the portal for grantee reporting and monitoring |
|
functions, and this, of course, impedes monitoring and audit. |
|
So, in sum, I would say that the challenge of quickly |
|
setting up operations to disperse large quantities of money to |
|
large networks of recipients created issues. The Agency should |
|
not solely rely on self-certification by entities. Relief |
|
guidance needs to be accurate and issued quickly. The absence |
|
of internal controls creates problems for people getting money |
|
that they are not entitled to. Failing to stand up timely |
|
reporting capabilities creates monitoring challenges. Watchdogs |
|
need timely access to the data, and program integrity can be |
|
enhanced by other means such as state and local enforcement, |
|
both criminal and civil. Thank you for the opportunity to |
|
testify before you. |
|
Mr. Sessions. Mr. Delmar, thank you very much. Mr. |
|
Shoemaker, you are recognized. |
|
|
|
STATEMENT OF SHELDON SHOEMAKER, DEPUTY INSPECTOR GENERAL, U.S. |
|
SMALL BUSINESS ADMINISTRATION |
|
|
|
Mr. Shoemaker. Chairman Sessions, Ranking Member Mfume, and |
|
distinguished Members of the Subcommittee, on behalf of |
|
Inspector General Ware, who is unable to be here this afternoon |
|
due to a death in his family, thank you for the opportunity to |
|
appear before you today. I am honored to represent the |
|
dedicated men and women of SBA OIG and their work to combat |
|
fraud and improper payments in SBA's pandemic response |
|
programs. |
|
Our office proactively raised awareness of the risk |
|
associated with loan programs intended to mitigate economic |
|
damage and disasters. Prior to the kickoff of SBA's pandemic |
|
response programs, we issued three white papers to offer |
|
insights learned from our decades of oversight, including |
|
oversight of SBA's role in the Nation's response to the Great |
|
Recession of 2008 and natural disasters, such as major |
|
hurricanes. Our insight offered key internal controls for |
|
policymakers to consider in mitigating the risk of fraud and |
|
improper payments, put another way, to avoid a pay-and-chase |
|
model. |
|
Though SBA's programs are credited for bolstering the |
|
Nation's small businesses during the pandemic, our oversight |
|
has found the internal control environment did not prevent or |
|
deter fraud, and, in many instances, did not provide assurance |
|
that eligible recipients receive funds. SBA's first round of |
|
PPP loans resulted in 14 years' worth of lending in 14 days, |
|
and its EIDL Program included a bridge grant up to $10,000 to |
|
expedite funds to assist the Nation's small businesses and |
|
instill confidence in the Nation's economy. As the program |
|
swelled to more than $1 trillion, so did the risk to taxpayers. |
|
Our oversight efforts identified systemic weaknesses that |
|
existed prior to the pandemic were further strained by the |
|
effort. For example, SBA's disaster response programs are |
|
consistently at risk for improper payments. This is due in |
|
large part to the speed at which the disaster loans are |
|
delivered relative to the calibration of the internal control |
|
balance. We can see the parallels in SBA's response programs. |
|
While fraudulent payments are considered improper, not all |
|
improper payments are the result of fraud. However, the fraud |
|
committed in SBA's programs has been characterized as the |
|
biggest fraud in a generation. We have unleashed the power of |
|
data analytics in our oversight fueled by the expertise and |
|
experience of our criminal investigators, auditors, and |
|
analysts. We intend to publish an estimate of the fraud |
|
existing within PPP and EIDL Programs in mid to late spring. |
|
Our office has designated SBA's Pandemic Response Program |
|
as the most significant top management and performance |
|
challenge facing the Agency. Our oversight reviews and |
|
resources are directed toward this challenge along with other |
|
top management challenges. To date, we have issued 29 pandemic- |
|
related reports with dozens of recommendations for corrective |
|
action to the Agency. In one report, we questioned the |
|
expenditure of $4.5 billion in EIDL Advanced Program. The |
|
criteria in place allowed for $1,000 in grant money for each |
|
employee, up to 10 employees. We found $4.5 billion in payments |
|
to sole proprietors that exceeded the allowable $1,000 per |
|
employee. A simple system control that disallowed payments over |
|
$1,000 for each employee or a validation with tax |
|
identification records could have prevented these improper |
|
payments. |
|
We also found in both PPP and EIDL, the Department of |
|
Treasury's Do Not Pay list was not included within the initial |
|
internal control environment, resulting in billions of dollars |
|
of likely improper payments. The EIDL Program also was rife |
|
with suspected identity theft, with SBA having received over |
|
1.6 million complaints associated with EIDL applications. When |
|
identity assurance is not provided to the internal control |
|
environment, we can anticipate improper payments and fraud. |
|
With our law enforcement partners, we have taken the fraud |
|
fight directly to the doorsteps of the wrongdoers. Our |
|
investigative work has resulted in 793 indictments, 635 |
|
arrests, 446 convictions, and that is as of January 2023. Also, |
|
over $8 billion in EIDL funds have been returned to SBA by |
|
financial institutions and another $20 billion by borrowers. |
|
OIG has played a key role in the return of these funds by |
|
working with law enforcement partners, financial institutions, |
|
and educating the public about fraud in the pandemic relief |
|
programs. We are grateful for congressional action last year to |
|
extend the statute of limitations for PPP and EIDL to 10 years. |
|
It is vital that sufficient resources also are available to |
|
our office to bring wrongdoers to justice and deter future |
|
wrongdoing. The Nation can depend on OIG to provide |
|
independent, objective, and timely oversight of SBA. Thank you |
|
for the opportunity to speak to you today. I am happy to answer |
|
any questions you may have of me. |
|
Mr. Sessions. Gentlemen, thank you very much, the |
|
opportunity for you to be here highlights your viewpoints in |
|
working within your agencies. Mr. Turner and Mr. Shoemaker, |
|
what happened to the money that was recovered? |
|
Mr. Turner. Well, it was an easy target for fraudsters |
|
partly because of self-certification, I believe, and with the |
|
IG not able to go and get direct access to the data that we |
|
needed, we couldn't determine it earlier. But we were one of |
|
the first groups to identify that self-certification was a |
|
problem, and we brought it to the attention of the Department. |
|
I believe the first nine months with the self-certification |
|
went unchecked, and that had a lot to do with a lot of the |
|
fraud. |
|
Mr. Sessions. OK. Mr. Shoemaker, you referred to money that |
|
was, as a result of the investigation, found and brought back. |
|
What happened to that money? |
|
Mr. Shoemaker. Yes. As I indicated, there was $20 billion |
|
returned from borrowers and $8 billion by financial |
|
institutions. There is also money that is recovered through our |
|
investigations, so this money is coming back to SBA in multiple |
|
different vectors. And you know, the timeliness of it actually |
|
landing in the Treasury is an issue. We actually have an |
|
ongoing review to trace that money, to audit to ensure exactly |
|
where that money is coming back into the SBA programs so that |
|
it can be made available potentially for other uses or, at a |
|
minimum, be available within the Treasury. |
|
Mr. Sessions. Mr. Mfume, would that be something that you |
|
would like to also have us work together on? |
|
Mr. Mfume. It would be. |
|
Mr. Sessions. They went out and got money, they brought it |
|
back in, what did you do with it. |
|
Mr. Mfume. It would be. |
|
Mr. Sessions. So, we will be following back up on that, and |
|
Mr. Shoemaker and Mr. Turner, I would like to flag that for |
|
you. We are interested in the money that was recovered, where |
|
that money exists, where it came back, where it exists, and |
|
what the legality is of those funds. |
|
Mr. Turner, some of the things that we talked about today |
|
deal with issues that we spoke of down when Mr. Mfume and I |
|
were at your table and deals with getting data from states. Is |
|
this idea that you have that, that we are concurring on, |
|
something that you would like us to work together, or is it |
|
something that you would go do theoretically by yourself? |
|
Mr. Turner. Well, I think it would help to get help from |
|
you because our interpretation of the CARES Act allowed us to |
|
have authority to get that data. Also, the IG Act gives us the |
|
authority. However, the Department interpreted that they didn't |
|
have the authority to provide that directly to us. |
|
Mr. Sessions. That is great. Mr. Shoemaker? |
|
Mr. Shoemaker. On unemployment insurance? |
|
Mr. Sessions. On the opportunity to work--whether you need |
|
our assistance to work with you on these problems in dealing |
|
with the states? |
|
Mr. Shoemaker. SBA's programs are not state programs. The |
|
pandemic response programs--the PPP Program, SBA has lending |
|
partners, you know, which is across the Nation, but SBA's |
|
programs are not directed to the states. |
|
Mr. Sessions. Right. Right. Where the problem is, is also |
|
in banks that represent those people, so we will have to work |
|
on that. Thank you very much, gentlemen. Mr. Mfume? |
|
Mr. Mfume. Thank you, Mr. Chair. Well, gentlemen, one thing |
|
we are sure of, and that is that the road to hell is still |
|
paved with good intentions. We were in an absolute national |
|
emergency. Members of this body on both sides of the aisle and |
|
in the other body all were searching for answers. We had to |
|
come up with a way to appropriate funds to get them out. And as |
|
I listen to your testimony now regarding what you have found, |
|
the best intentions there have often gone astray, and that is |
|
why I keep getting back to what you found, what you think we |
|
ought to do with it, and how that we never, ever make these |
|
kinds of mistakes again. |
|
Mr. Shoemaker, I want to talk a bit about the Emergency |
|
Rental Assistance. That particularly got my attention because |
|
of this whole issue of self-certification, which I think |
|
everybody should have realized that a bell was going off. And I |
|
don't know if that was the case at SBA or anywhere else, but |
|
when you allow self-certification, you allow a lot of hanky- |
|
panky to take place. And there are a lot of people, |
|
unscrupulous people who took advantage of this, which is what I |
|
keep saying over and over again. I am glad you are prosecuting |
|
them, I am glad they are going to jail, and I am glad that for |
|
the people who pay their tax dollars. In this instance at |
|
least, there is some hope that some of the money will be |
|
recovered. And I am thinking particularly about senior citizens |
|
who really needed rental assistance, people with disabilities, |
|
our Nation's veterans, middle-class people who are unemployed, |
|
and poor people, all of which needed this Emergency Rental |
|
Assistance. And your findings are astounding, and I am just |
|
hoping that moving forward the lessons learned here are lessons |
|
learned forever. |
|
Now, we extended the statute of limitations, as you |
|
mentioned. Do you think, or any of you think, there needs to be |
|
another extension beyond the 10-year window that we are in |
|
right now? |
|
Mr. Turner. I believe there should be an extension beyond |
|
the 10 years. You know, just the cases that we have alone that |
|
are open, 168,000, we figured it would take 11 years just to go |
|
through those cases, and we are getting 100 to 300 complaints |
|
weekly. |
|
Mr. Mfume. OK. While I have you, Mr. Turner, you talked |
|
also about the impediment that you face in terms of data |
|
access. Can you expand on that for just a moment? |
|
Mr. Turner. Yes, I can. At the beginning of the pandemic, |
|
we had to issue IG subpoenas because we went to the Department, |
|
and we are not able to get them to agree as we felt that they |
|
should be able to provide us direct access. And I think going |
|
forward, if Congress could somehow be more explicit in terms of |
|
what can and cannot be done will probably be helpful. But |
|
anyway, I had to issue IG subpoenas, and that took months to |
|
get the data that we couldn't get the Department to give out |
|
guidance directly. And that also caused us some of the delay |
|
because we had to get it in a certain format in addition to |
|
that, but we didn't stop there with notifying the Department. |
|
We also gave advisory reports and alert memos and met with |
|
Members of Congress to alert them to the problem. It was only |
|
because of what we put forth that that was officially changed |
|
nine months later, but at that point, about $80 billion had |
|
gone through the PUA Program. |
|
Mr. Mfume. And do you find now with this sort of |
|
congressional oversight, by way of committees that have |
|
jurisdiction over many of these agencies, that they are |
|
complying faster, or is it about the same in terms of your |
|
access to their data? |
|
Mr. Turner. Well, we have a temporary fix in place right |
|
now that expires at the end of the year. So, we are trying to |
|
work with the Department, and they have given grants to the |
|
states that comply with our requests. But again, that agreement |
|
expires at the end of the year, and then there is about a 14- |
|
month delta there between them using the rulemaking process to |
|
try to put a rule in place. |
|
Mr. Mfume. And unfortunately, there is no way we can |
|
truncate the subpoena process, so compliance, I think, is the |
|
best remedy there. And I hope the word at least goes out from |
|
this hearing to all respective agencies of the government that |
|
they have to find a way to provide access to this data. I am |
|
surprised that you have got, how many pending, 180,000? |
|
Mr. Turner. We have 162,000 that are open complaints right |
|
now that we are still going through. |
|
Mr. Mfume. OK. So, the suggestion for an extension, again, |
|
on the statute of limitations is well taken and well heard. Mr. |
|
Turner, one quick thing and I will yield. I don't have any time |
|
left. Would direct hiring authority expedite the recruiting |
|
process and enable your office to recruit a deeper pool of |
|
candidates to assist you? |
|
Mr. Turner. Yes, we believe so. |
|
Mr. Mfume. Thank you very much. I yield back, Mr. Chair. |
|
Mr. Sessions. Thank you very much. The gentleman from |
|
Arizona, Mr. Biggs. |
|
Mr. Biggs. Thank you, Mr. Chairman. I thank the witnesses |
|
for being here. The Federal Government spent $5 trillion-plus |
|
in relief programs in response to COVID-19. And estimates vary |
|
widely, but testimony from experts before this Committee last |
|
year suggested that waste, fraud, and abuse in the COVID-19 |
|
unemployment program alone exceeded $400 billion, at least half |
|
of which went to organized foreign crime syndicates. So, I have |
|
got a bunch of questions for each of you. I am not going to be |
|
able to get to all of them, but I am going to start with Mr. |
|
Delmar. I will try to get back to you, Mr. Turner, so you are |
|
off the hook for the beginning. But, Mr. Delmar, the Treasury |
|
Department is responsible for managing coronavirus relief |
|
funds, state and local fiscal recovery funds, as well as |
|
several other funds. Can you provide the Committee with the |
|
total amount of funding that remains unspent across accounts at |
|
Treasury? |
|
Mr. Delmar. Yes, I can. We can actually give you a specific |
|
written summary. |
|
Mr. Biggs. When might we expect that? |
|
Mr. Delmar. I can get that to you next week, sir. |
|
Mr. Biggs. That would be beautiful. Thank you, Mr. Delmar, |
|
and that would include state agencies as well? |
|
Mr. Delmar. I am sorry? |
|
Mr. Biggs. Would that include what amount of money remains |
|
unspent in state agencies? Do you have that information? |
|
Mr. Delmar. I don't know. I will find out and I will get |
|
back to you. |
|
Mr. Biggs. OK. Does your office have, and you will need to |
|
get back to me, I am sure, on this, too, state-by-state numbers |
|
for unspent funding, both obligated and unobligated in programs |
|
that are unexpired or otherwise expired? |
|
Mr. Delmar. I believe we have them for overall, and I am |
|
sure we could probably find them on a state-by-state basis. |
|
Mr. Biggs. OK. If you could please provide what information |
|
you have to the Committee by next week, that would be great. |
|
Mr. Biggs. Mr. Turner, during testimony delivered to this |
|
Committee last year, we were informed that the California state |
|
auditor reported that the state's Employment Development |
|
Department was slow to take action to address unemployment |
|
insurance fraud. In total, California alone lost in excess of |
|
$10 billion to fraudulent claims, and you have mentioned some |
|
of those. Can you identify for us some of the failures of the |
|
California Department? |
|
Mr. Turner. Well, let me just say, it was just not |
|
California. We found that some of those problems that |
|
California experienced was experienced throughout the country. |
|
I hear what you are saying, but it was really through our |
|
reviews---- |
|
Mr. Sessions. Could the gentleman answer the question---- |
|
Mr. Biggs. Yes. |
|
Mr. Sessions [continuing]. Specifically as it relates to |
|
California, please? |
|
Mr. Biggs. I am OK if you just say they all have self- |
|
identification, which was a problem. Are we getting back to |
|
that? |
|
Mr. Turner. Yes, with self-certification, and also there |
|
was stolen identity, stolen Social Security numbers. |
|
Mr. Biggs. So, you had ID theft as well? |
|
Mr. Turner. Correct. |
|
Mr. Biggs. OK. In what ways does the Department of Labor |
|
track state work force agencies that slow walked correction of |
|
fraud in UI Programs? |
|
Mr. Turner. State that again, please? I'm sorry. |
|
Mr. Biggs. Yes. In what ways does the Department of Labor |
|
track state work force agencies that slow walked correctives of |
|
fraud in the UI Programs? |
|
Mr. Turner. Basically, through our reviews and audits, we |
|
were able to take a look at are they meeting the standards. I |
|
think the standard is to issue those payments out between 14 to |
|
21 days, and the average was one to two months. |
|
Mr. Biggs. Thank you. Mr. Shoemaker, with regard to SBA, a |
|
year ago--this is a year ago--there was estimates that there |
|
was $76 billion in potential fraud in the SBA program. The SBA |
|
itself estimated $78 billion. Secret Service estimated $100 |
|
billion in improper payments. What is that number finally that |
|
SBA holds to now in improper payments? |
|
Mr. Shoemaker. Thank you for the question. The number you |
|
are referring to was $78 billion in the EIDL Program. That was |
|
a result of work from our office, and that was a collection of |
|
our reports that we remove the duplicates. So, we had a number, |
|
it was $78 billion. That number is $86 billion from ensuing |
|
work. That does not include the PPP Program. You know, our work |
|
in that area has uncovered probably another $20 billion |
|
potential fraud in the PPP Program, but we have an ongoing |
|
project right now to come up with a comprehensive estimate of |
|
the fraud within the PPP and the EIDL Program. So currently |
|
what I could tell you, it will be more than $100 billion. |
|
Mr. Biggs. Thank you, and then I just want to get back to |
|
you, Mr. Turner. I want to make sure I understand what is the |
|
estimate of the fraud that your Agency has uncovered, the IG's |
|
office has uncovered in the unemployment arena. |
|
Mr. Turner. We are looking at $76 billion, and that is |
|
based on the fraud rate that the Department produced at 8.5 |
|
percent of $888 billion, so $76 billion, and we believe that is |
|
on the low end for the fact that PUA was not included in that |
|
number. And the Department will have the PUA number issued |
|
sometime this year is what they have told us. |
|
Mr. Biggs. All right. Thank you. I appreciate all of you |
|
being here. Thank you, Mr. Chairman. I yield. |
|
Mr. Sessions. Mr. Turner, I would like to just ask a |
|
question just to follow up, be sure Mr. Mfume and I got it. |
|
Social Security numbers were duplicate to where they went to |
|
two people, or it went to a different person that may not have |
|
qualified? |
|
Mr. Turner. It went to kind of both. We had Social Security |
|
numbers that were stolen off the dark web, and in some cases, |
|
we have one person file for claims in 42 different states. |
|
Mr. Sessions. Thank you, Mr. Turner. The gentlewoman from |
|
the District of Columbia, Ms. Norton. |
|
Ms. Norton. Thank you, Mr. Chairman, and I appreciate this |
|
hearing. The Pandemic Response Accountability Committee, Mr. |
|
Shoemaker, provides independent oversight of approximately $5 |
|
trillion in pandemic relief spending and helps coordinating to |
|
facilitate oversight by Federal inspectors general. |
|
Congressional Democrats enacted the American Rescue Plan, which |
|
provided an additional $40 million to the Pandemic Rescue |
|
Accountability Committee to further strengthen their oversight. |
|
In 2021, the Pandemic Response Accountability Committee created |
|
the so-called Pandemic Analytical Center of Excellence--we call |
|
that PACE--a leading-edge analytic platform that inspectors |
|
general can leverage to root out and prevent fraud. So, Mr. |
|
Shoemaker, my question to you is how has your office leveraged |
|
the enhanced data analytics capabilities that the PACE offers |
|
to optimize the effects of your limited resources? |
|
Mr. Shoemaker. Thank you for the question. Our office in |
|
the early days of the pandemic received over 100,000 hotline |
|
complaints. That was within the first year. We typically |
|
receive less than 1,000. That number has since increased to |
|
over 230,000, so we engaged the PACE to help us triage those |
|
hotline complaints. That was at the initial stage. We have |
|
since developed an in-house data analytics capability where we |
|
have further refined that process to use topic modeling |
|
artificial intelligence to distill that 230,000 leads into |
|
81,000 actionable leads, which equates to about 100 years' |
|
worth of investigative work for our office. |
|
The PACE also has what we would consider a kind of a |
|
groundbreaking effort of shared service where they put in place |
|
a blanket purchase agreement for data scientists, data |
|
validate, data visualization, and data structuring. We have |
|
taken advantage of that contracting vehicle. So, the limited |
|
number of data scientists we have within our office--we also |
|
have contracted data scientists to help us do our work, so we |
|
are using the data scientists to basically force multiply our |
|
criminal investigators so we work harder and smarter with these |
|
tools. |
|
Ms. Norton. All right. So, as I understand it, enhanced |
|
data analytics do save you valuable time and resources by |
|
enabling your office to determine which complaints to pursue. |
|
That is correct? |
|
Mr. Shoemaker. That is correct, and at SBA OIG, we have |
|
basically integrated data analytics into heart of our |
|
oversight. |
|
Ms. Norton. Mr. Shoemaker, how could codifying the |
|
capabilities of the PACE ensure that you and other inspectors |
|
general can more effectively and efficiently conduct oversight? |
|
Mr. Shoemaker. At the early stages, they were a resource |
|
that we were able to leverage. So, the fact that you would want |
|
that resource to be available during the next disaster for the |
|
inspector general community, I think that that is a worthwhile |
|
investment. |
|
Ms. Norton. Thank you. Mr. Delmar, do you agree that access |
|
to a permanent and effective data analytics capability would |
|
help you do your job? |
|
Mr. Delmar. Yes, ma'am. Like Mr. Shoemaker, we have set up |
|
an in-house data analytics function. We have hired several data |
|
professionals, and we have found that it is an excellent tool |
|
to just basically get our arms around the incredible volume of |
|
information that we are getting from all the reporting from all |
|
the thousands of recipients. And it gives us an opportunity to |
|
make sense of the raw numbers and detect trends, detect where |
|
problems are. |
|
We do a lot of what we call risk analysis to decide where |
|
the best places are to devote our resources with the best |
|
chance of finding mistakes and finding fraud, so I think the |
|
big thing about the PACE is it is a lesson from the last time. |
|
The Recovery Operation Center with the RAD board back in the |
|
crisis of 2008, that was not maintained, and so when this new |
|
crisis came, oversight was pretty much starting from scratch. |
|
And for the matter of that, the Department was in a lot of ways |
|
starting from scratch. Having an in-house capability and saved |
|
knowledge will make it quicker and more efficient to be able to |
|
respond to the next crisis. |
|
Ms. Norton. Thank you. Thanks very much, Mr. Chairman. |
|
Mr. Sessions. Thank you very much. The gentleman from North |
|
Carolina, Mr. Edwards. |
|
Mr. Edwards. Thank you, Mr. Chairman. To all of you, thank |
|
you for being here. We appreciate you taking time. My questions |
|
are for Mr. Turner. Your office issued an advisory around |
|
claims using Social Security numbers that were filed in |
|
multiple states, used for deceased persons, of Federal inmates, |
|
and used to file for unemployment claims with suspicious email |
|
accounts. What mechanisms exist for states to know when Social |
|
Security numbers are used in multiple states? |
|
Mr. Turner. Well, I think going through NASWA, the |
|
Integrity Data Hub is a tool that they can use to compare and |
|
cross reference Social Security numbers. |
|
Mr. Edwards. And you say they can use it, yet this |
|
happened. So, were they not using it? |
|
Mr. Turner. Well, it is not mandatory. It is not required |
|
for them to belong to that or participate in the IDH. So, it is |
|
optional, and not all states participate. |
|
Mr. Edwards. Maybe we can change that. In December, you |
|
issued to the Department a qualified opinion on its financial |
|
statements, in part because it could not support $7.9 billion |
|
in unprocessed claims. How are there still unprocessed claims? |
|
Mr. Turner. We would like to know the same. Part of it has |
|
been because some of the appeals that some of the states have |
|
made or some of the claimants have made has not really been |
|
processed, and some states have not even reported the status, |
|
and that is what really caused that. And so, the $7.9 billion |
|
that the Department mentioned was really kind of a guess and we |
|
needed more accountability and more proof, and that was the |
|
work that needed to be done by the Department. |
|
Mr. Edwards. Thank you for that. What are the key metrics |
|
that this Subcommittee should track to determine if progress is |
|
being made to prepare for the next crisis and to protect |
|
against fraud and improper payments generally in unemployment |
|
programs? |
|
Mr. Turner. Well, I think there are several. One I would |
|
say would be the improper payment rate. The other one would be |
|
the fraud rate. And then I think also if the Department could |
|
keep track of whether we get permanent access to the data that |
|
we are requesting would be another thing they could look at, as |
|
well as the PUA rate, which is supposed be released at the end |
|
of the year. Those will be the four things that I would say. |
|
Mr. Edwards. OK. And your office has referred over 23,000 |
|
fraud matters, I understand, that don't meet Federal |
|
prosecution guidelines back to the states for further action. |
|
Are you tracking somehow what the states do with those cases? |
|
Mr. Turner. Yes, we do. When we refer those cases, we do |
|
track those. We also plan on doing audit work to see exactly |
|
what they did with those cases. |
|
Mr. Edwards. OK. Last question from me. I served on the |
|
Oversight Committee in North Carolina for our unemployment |
|
program, and I know that during the pandemic, we were issued a |
|
couple of sequestration orders from the Federal Government to |
|
return several hundred thousand, maybe even a few million |
|
dollars of unemployment money that we had received. Would you |
|
know what the total amount of unemployment money is that was |
|
sequestered from around the country? |
|
Mr. Turner. I am not sure what that would be because |
|
unemployment insurance is an entitlement, so I don't know why |
|
that would have been sequestered. |
|
Mr. Edwards. All right. Thank you. Mr. Chairman, I would |
|
like to yield the rest of my time to Representative Biggs. |
|
Mr. Sessions. Mr. Biggs? I am sorry, would the gentleman |
|
state that again who he would like to give the---- |
|
Mr. Edwards. I was going to yield the balance of my time to |
|
Representative Biggs, but I am told that he is---- |
|
Mr. Sessions. You can't see him. He is not here. |
|
Mr. Edwards. OK. |
|
Mr. Sessions. The gentleman yield back his time? |
|
Mr. Edwards. Yes, sir. |
|
Mr. Sessions. The gentleman yields back his time. Thank you |
|
very much. The distinguished gentleman from Florida, Mr. Frost. |
|
Mr. Frost. Thank you, Mr. Chairman, and I appreciate you |
|
all being here today. Unemployment insurance programs are |
|
essential to emergency lifelines. Obviously, when the pandemic |
|
hit, millions of Americans could not work. Congress passed |
|
expanded unemployment benefits to keep people fed, keep people |
|
housed. The government did its job, but it quickly became |
|
obvious that without functional state infrastructure, which we |
|
have spoken about a little bit, to distribute it, that aid, a |
|
lot of times, can get wasted. That is where a lot of waste, |
|
fraud, and abuse really stems from. And we have to talk about |
|
these antiquated state unemployment insurance systems wasting |
|
the time and abusing people who are facing hard times. |
|
I want to return quickly to a question that my colleague |
|
from Arizona had brought up. He seemed pretty specifically |
|
concerned with the state of California's unemployment system. |
|
Mr. Shoemaker, you indicated that identity theft was one of |
|
those issues. Would you say this issue was unique to |
|
California, or did many states experience this problem with |
|
identity theft verification? |
|
Mr. Shoemaker. I believe Mr. Turner was speaking about |
|
unemployment insurance relative to California. For SBA, though, |
|
the EIDL Program did experience identity theft. I would be |
|
happy to speak to that, but I think the question about |
|
California is to Mr. Turner. |
|
Mr. Frost. Yes, Mr. Turner? |
|
Mr. Turner. Yes. I think in the early days, the first maybe |
|
five or six months, California had a high rate because there |
|
was not really the scrutinization when it came to Social |
|
Security numbers. |
|
Mr. Frost. Yes. Was this a problem that was unique to |
|
California, or if any other states---- |
|
Mr. Turner. No, that was a problem that occurred throughout |
|
the country. |
|
Mr. Frost. OK. So, it was a problem that occurred |
|
throughout the country. You know, in my state, there are |
|
reports that have come out that show that our Governor, |
|
Governor DeSantis knew before the pandemic that Florida's |
|
unemployment system had major problems, glitches, and different |
|
messages. There was no really serious attempts to help remedy |
|
those problems. At the height of the pandemic, my state of |
|
Florida actually had the worst unemployment system, slowest |
|
unemployment system, in the country in terms of processing |
|
claims, and at one point, the system crashed. People had to |
|
move to using paper forms. The state representative of mine, |
|
Anna Eskamani, had to really step up to really help people |
|
through the process, and we are still hearing from constituents |
|
that are having problems with the website right now. This means |
|
in days of hunger, people not knowing if they have enough money |
|
to buy groceries, and et cetera. You know, it helps increase |
|
that anxiety and desperation. |
|
Mr. Turner, are certain states still challenged to pay |
|
unemployment insurance claims in a timely manner? |
|
Mr. Turner. Certain states are still challenged. In part, |
|
it has been because of the lack of IT modernization that we |
|
have pointed out on a lot of our reviews, and the antiquated |
|
systems that they had at the beginning of the pandemic, which |
|
still have not been completely addressed. |
|
Mr. Frost. What is being done to modernize these states' IT |
|
systems so that way, unemployed workers don't suffer, you know, |
|
lengthy delays to receive their benefits? |
|
Mr. Turner. Well, I think it is going to require more |
|
oversight on the Department's part to make sure that the funds |
|
that are being given are being utilized. During the Recovery |
|
Act of 2010, there was $7 billion that was set aside for IT |
|
modernization, and I think about $2 billion of that actually |
|
went to benefits payments, and another $1.3 billion did not get |
|
used in the time that it was required. |
|
Mr. Frost. Got you. Got you. Now, to, like, you know, turn |
|
to the solutions. You know, Congress enacted the American |
|
Rescue Plan, $3.1 billion to modernize and strengthen Federal |
|
unemployment insurance systems. Mr. Turner, if a state |
|
unemployment insurance system is modernized, do you think that |
|
directly translates to more efficient and effective user |
|
experience? |
|
Mr. Turner. Without a doubt. |
|
Mr. Frost. And would you agree that that means there is |
|
less waste, there is less fraud, there is less abuse when we |
|
are able to put more money into those IT systems? |
|
Mr. Turner. Yes, I would agree with that. |
|
Mr. Frost. OK. Thank you. I pray that my home state of |
|
Florida will take advantage of the opportunity to modernize the |
|
IT system so constituents are better served. Thank you all for |
|
your time, and I yield back. |
|
Mr. Sessions. And the distinguished gentleman from Florida, |
|
Mr. Donalds, is recognized. |
|
Mr. Donalds. Thank you so much, Mr. Chairman. Mr. Turner, |
|
actually to pick back up, you mentioned just in the previous |
|
line of questioning that about $2 billion of the $7 billion |
|
that was in the Recovery Act was actually used for benefit |
|
payments, not modernization. Is that correct? |
|
Mr. Turner. That is correct, and they were allowed to do |
|
that within the rules of the dispense of those funds. So, it |
|
was allowed, but that is what happened to it, yes. |
|
Mr. Donalds. Do you know what the allocation was of the $2 |
|
billion that was used across the various states? Was that |
|
proportionally used? |
|
Mr. Turner. I can't answer that. I am not sure. |
|
Mr. Donalds. OK. All right. I just wanted to get |
|
clarification on that because, I mean, like a decade ago, which |
|
is typical of Washington, we said you could spend X amount of |
|
money on this, and then in rulemaking, it gets changed to be |
|
used for Y, you know. Maybe sometimes you might wonder why some |
|
of these things don't get solved. I would actually argue for |
|
our colleagues as we appropriate dollars into the future, if we |
|
say it should be appropriated for X purpose, it should not be |
|
allowed to be used for Y purpose. |
|
Mr. Turner. I would agree with your recommendation. |
|
Mr. Donalds. Is that fair? |
|
Mr. Turner. That is what I would suggest, yes. |
|
Mr. Donalds. Actually, to the other IGs, is that a fair |
|
recommendation for Members of Congress to not be loose with |
|
appropriating standards? |
|
Mr. Delmar. I would say, sir, that, you know, the more |
|
clear the legislation is, the more clear Congress' intent is on |
|
what is to be benefited and what isn't, the more efficient the |
|
rule making and the guidance will be, and the more efficient |
|
the actual administration of the program will be. |
|
Mr. Donalds. All right. Mr. Shoemaker, you can comment as |
|
well if you would like to. |
|
Mr. Shoemaker. I would just align myself with the comments. |
|
Mr. Donalds. Well, I appreciate that because, you know, |
|
somebody who has, you know, been a legislator now in two |
|
different legislative bodies, yes, a clear direction from the |
|
legislature, in this particular instance, Congress, is |
|
necessary to help you guys do your jobs and the agencies alike. |
|
So maybe that is homework for myself and for my colleagues on |
|
both sides of the aisle. Real quick, Mr. Shoemaker. You talked |
|
a little bit about the Treasury's Do Not Pay List with respect |
|
to the EIDL Program. Do you want to expand upon your thoughts |
|
about why SBA was not using Treasury's Do Not Pay List? |
|
Mr. Shoemaker. Yes, thanks for the question. These programs |
|
are calibrated for speed, and I believe SBA at the time just |
|
did not put that control in place. And then even once they did |
|
put the control in place, there is a validation that is |
|
required whenever you get a positive hit. You know, they are |
|
not always, you know, a definitive hit, so it does take |
|
resources to verify. So, I believe that they calibrated the |
|
control environment to not include that just for the sake of |
|
speed. And of course, we see the results of that, because what |
|
occurs is you have that lack of assurance that only eligible |
|
entities are receiving those funds. |
|
Mr. Donalds. OK. And I appreciate that. A real quick |
|
question for all of you, and Mr. Delmar, I am going to start |
|
with you. Does Treasury have an accurate accounting of the |
|
amount of taxpayer dollars that have been distributed to |
|
deceased individuals? |
|
Mr. Delmar. I believe overall it does. I mean, the amounts |
|
that go out can be quantified. The problem in the reporting is, |
|
from the recipients, we don't always get all the data that we |
|
need and we do not get it in a timely fashion, and some of the |
|
recipients have their own infrastructure problems that we have |
|
seen delays and, you know, incomplete responses. And the |
|
purposes to which---- |
|
Mr. Donalds. And not to cut you off, but when you say |
|
recipients, do you mean individuals? Do you mean organizations? |
|
Do you mean business? |
|
Mr. Delmar. Organizations. |
|
Mr. Donalds. OK. So, there are organizations that Treasury |
|
sends money to that do not have enough computers, enough |
|
ability to respond back to the information that Treasury |
|
requires for dispensing those funds? |
|
Mr. Delmar. We have seen examples of that. |
|
Mr. Donalds. And Treasury still dispenses the funds? |
|
Mr. Delmar. Well, I do not know off the top of my head, you |
|
know, how often and how recently the funds have gone out. We |
|
can certainly get you follow-up information on that. |
|
Mr. Donalds. Well, Members, look, it looks like we got |
|
somewhere else that we got to figure something out because if |
|
Treasury is sending money out and there are requirements for |
|
information, and the recipients aren't getting that back to |
|
Treasury, why are we sending them money? I mean, it is like a |
|
simple thing. If I am going to give you $10 and I say, hey, but |
|
I need this, and you do not do it, you don't get $10 more from |
|
me. That is just a personal thing. |
|
Real quick, just wrapping up. Mr. Turner, Mr. Shoemaker, I |
|
don't know if you can comment. Do your areas, Labor or SBA, do |
|
they keep track or have an accounting of money going to |
|
deceased individuals? |
|
Mr. Turner. We have $267 million. |
|
Mr. Donalds. Billion or million? |
|
Mr. Turner. Million. |
|
Mr. Donalds. Million? |
|
Mr. Turner. Yes. |
|
Mr. Donalds. Well, you almost scared me with that one. That |
|
is $267 million scares me too, you know. OK. All right. |
|
Mr. Turner. But we identified $45.6 billion. That was part |
|
of what we found in our review of those four areas, and $267 |
|
million of that was for deceased individuals. |
|
Mr. Donalds. Forty-five billion dollars went out. I know I |
|
am a little slightly over, Mr. Chairman. May I ask your |
|
indulgence just to clarify this point? |
|
Mr. Sessions. I appreciate the gentleman continuing his |
|
line of questioning as any Member of this Committee would get |
|
that to clarify questions. |
|
Mr. Donalds. OK. Thank you, Mr. Chairman. |
|
Mr. Sessions. The gentleman may continue. |
|
Mr. Donalds. I appreciate that. Thank you, Mr. Chairman. |
|
Just to clarify. We have $45 billion through the auspices of |
|
the Department of Labor that have gone out, of which $267 |
|
million has gone to deceased individuals? |
|
Mr. Turner. Yes, and that is potential fraud, but, yes, the |
|
number $267 million is correct. |
|
Mr. Donalds. All right. Listen, thank you so much, Mr. |
|
Turner. Thank you for the indulgence, Mr. Chairman. I yield |
|
back. |
|
Mr. Sessions. Mr. Donalds, thank you very much. The |
|
gentleman yields back his time. The gentleman from Texas, Mr. |
|
Casar. |
|
Mr. Casar. Thank you, Mr. Chairman. In the 35th District of |
|
Texas, we stretch from East Austin down to the west side of San |
|
Antonio. The No. 1 industry that employs folks in my district |
|
is service and hospitality. My constituents are overwhelmingly |
|
cooks, servers, hotel workers, barbacks, the folks that |
|
oftentimes lost their jobs during the pandemic. And so, to be |
|
really clear, there is nobody that would be more upset about |
|
fraud and abuse of unemployment insurance and fraud and abuse |
|
of critical programs that were to keep their lives running and |
|
to keep them alive than the working-class folks in my district. |
|
And that is why I am so appreciative that the Biden |
|
Administration has put forward such significant funds to |
|
looking out for fraud, especially from large criminal |
|
organizations and oftentimes wealthy individuals that were |
|
trying to game the system. |
|
So, Mr. Turner, how would President Biden's allocation of |
|
tens, if not hundreds of millions of dollars to prosecuting |
|
systemic pandemic fraud address your findings on fraud in DOL |
|
pandemic assistance programs? |
|
Mr. Turner. Thanks for asking that question. Currently, the |
|
money that we have for ARPA expires at the end of this fiscal |
|
year, and in the first and second quarter, the rest of the |
|
CARES Act fund will expire. So, if we are able to sustain the |
|
level that we are currently operating under, we will need some |
|
funds right away, and so that $100 million that the President |
|
is proposing would really help us do that. One of the caveats |
|
that I would say is that we need it right away because without |
|
that, we are going to lose, through attrition, about 30 |
|
employees this year and another 20 next year, so I just want to |
|
point that out. But it would really be very helpful for us to |
|
be able to go after some of those fraudsters that we have been |
|
talking about. |
|
Mr. Casar. And you expect that the investments we make in |
|
pursuing that kind of fraud, we are going to get more than that |
|
amount of money back? |
|
Mr. Turner. Well, let me just say this. I can't say that |
|
because, like---- |
|
Mr. Casar. But that is your hope? |
|
Mr. Turner [continuing]. Once fraud goes out of the door, |
|
it is hard to get it back. What we can do is go after the |
|
fraudsters that committed these atrocities, so that is what I |
|
would tell you, but it is quite hard and very complicated in |
|
getting funds back. We have identified about $905 million that |
|
we through our work that we have been able to get back, and |
|
that is not all in funds. That is just through the process of |
|
the judicial system, civil cases that we are able to get, and |
|
it takes a while for it to go through the judicial system where |
|
it may be four or five years before we actually see some of |
|
that. |
|
Mr. Casar. I appreciate that, and either for you, Mr. |
|
Turner, or whoever else here is appropriate. I also just saw |
|
that in the budget that was released today that there were |
|
continued significant investments in making sure that we |
|
recover funds and make investments in holding people |
|
accountable that are committing this kind of fraud. Is there |
|
any further information that we need, Mr. Shoemaker? |
|
Mr. Shoemaker. Sure. The President did put forward a |
|
request for $100 million. I can assure this Subcommittee that |
|
you will receive return on investment from our office on that |
|
$100 million. Our current base budget was $24 million. We have |
|
returned $9.2 billion in dollar accomplishments in just three |
|
years alone, which represents an exponential return on |
|
investment. The President put forward a budget for our office |
|
in Fiscal Year 2024 of $63 million. Those funds, as Mr. Turner |
|
said, are critical to our office. If we do not receive those |
|
funds, we will be in the same situation as Mr. Turner, where we |
|
will have to, you know, consider the attrition rate next year, |
|
in Fiscal Year 2024. So, it is critical that we have our base |
|
budget of Fiscal Year 2024 as well as the supplemental funds |
|
that were asked for last Thursday. |
|
Mr. Casar. Thank you, Mr. Shoemaker. I think you proved to |
|
us how that kind of investment can make a really big |
|
difference. I think it is a core function of what we should be |
|
doing as oversight. Mr. Sessions likely recalls that there once |
|
was a legendary chairman of this Committee, Jack Brooks from |
|
Beaumont, who, whether administrations were Republican or |
|
Democratic, made sure that we were going after fraudsters in |
|
this way. So, I hope that is a portion of the President's |
|
budget that we can have some bipartisan support for to continue |
|
that kind of work. Thank you. I yield back my time. |
|
Mr. Sessions. The gentleman yields back his time. Thank you |
|
very much. The distinguished young gentlewoman from Colorado, |
|
Mrs. Boebert. |
|
Mrs. Boebert. Thank you, Mr. Chairman. Almost three years |
|
of COVID madness, mask mandates, vaccine mandates, a $4.6 |
|
trillion spending spree, school, church, statewide shutdowns, |
|
this Committee is finally committed to getting to the bottom of |
|
the $560 billion in taxpayer money that was lost in waste, |
|
fraud, and abuse. The GAO estimates that there is still $90.5 |
|
billion in COVID-19 relief funds that remain available for |
|
obligation and are vulnerable to that same waste, fraud, and |
|
abuse. GAO and IGs have identified multiple recommendations to |
|
protect against waste, fraud, and abuse that have yet to be |
|
implemented by the Biden Administration. Instead, they have |
|
thrown more money at the problem. Rather than being reactive |
|
and spending more money to find money, the Federal Government |
|
should enact policies to ensure that this kind of abuse never |
|
occurs again. |
|
Media reports have found that payments were made to over a |
|
half a million Federal prisoners, Japanese citizens living in |
|
Japan, illegal immigrants, and 1.1 million deceased |
|
individuals. In addition to this, our office issued an advisory |
|
around claims using Social Security numbers filed in multiple |
|
states and filed under suspicious email accounts. Now, I know |
|
that some of my colleagues have inquired about these Social |
|
Security issues that we are having, but, Inspector General |
|
Turner, if I may, what mechanisms are currently in place for |
|
states to identify these suspicious Social Security numbers and |
|
identify these instances of fraud before they happen? |
|
Mr. Turner. I would say IT modernization is one of the |
|
keys, but also, a lot of the states are using the Integrity |
|
Data Hub, which the national association like workforce |
|
agencies are using. Our only challenge with that is that that |
|
is a volunteer, you know, program, so it is not required, and |
|
so, therefore, they do not get a chance to do the cross |
|
matching that is needed. |
|
Mrs. Boebert. OK. Good to know that that is just volunteer. |
|
And are there any specific challenges states are having to |
|
access the Master Death File at the Social Security |
|
Administration? |
|
Mr. Turner. I believe that the IDH as well, that is where |
|
they can do that cross match, and they do use the---- |
|
Mrs. Boebert. Yes, sir. |
|
Mr. Turner [continuing]. Master Death File. |
|
Mrs. Boebert. And it was also mentioned that your office |
|
has referred over 23,000 fraudulent claims that cannot be |
|
processed federally back to the states for further action, and |
|
you are tracking those. Have any criminal referrals aligned |
|
with this--been made from any of the IGs? Have there been any |
|
kind of criminal referrals issued for the waste, fraud, and |
|
abuse? |
|
Mr. Turner. Are you saying about from the 23,000 or just in |
|
general? |
|
Mrs. Boebert. In total? |
|
Mr. Turner. There is---- |
|
Mrs. Boebert. I am sorry. I know about the 23,000. |
|
Mr. Turner. OK. |
|
Mrs. Boebert. But over all of this, have there been any? |
|
Mr. Turner. Yes, we have 1,200 indictments and we have |
|
had---- |
|
Mrs. Boebert. OK. |
|
Mr. Turner [continuing]. Six-hundred convictions. |
|
Mrs. Boebert. Incredible. Thank you. And Inspector General |
|
Shoemaker, with over $76 billion of potential fraudulent PPP |
|
and EIDL loans, what is SBA's plan to investigate these cases, |
|
and how does your office plan to conduct the oversight for this |
|
plan? |
|
Mr. Shoemaker. Sure. So, our investigative work so far has |
|
resulted in 793 indictments, 635 arrests, 446 convictions. We |
|
have received $20 billion returned from the borrowers in the |
|
EIDL Program as well as $8 billion from the financial |
|
institutions. We have over 500 cases ongoing at present, and we |
|
work cooperatively with the DOJ Joint Strike Forces. You know, |
|
we bring evidence to the prosecutors, they are willing to take |
|
these cases, and the wrongdoers are getting significant |
|
sentences, four, five years. |
|
Mrs. Boebert. Thank you very much, Inspector General, and |
|
actually, Inspector General Delmar, same question to you. Any |
|
criminal referrals, indictments, prosecutions that have taken |
|
place? |
|
Mr. Delmar. Yes, ma'am. I don't have the number with me. I |
|
can certainly get that for you. We have worked with the |
|
Department of Justice, and we have worked with some state |
|
agencies as well. We also pursue and encourage civil remedies |
|
to recover the funds. |
|
Mrs. Boebert. Thank you very much. I appreciate all three |
|
of you being here and testifying before this Subcommittee |
|
today. I appreciate your work and your service, and with that, |
|
I yield. |
|
Mr. Session. Thank you very much. The distinguished |
|
gentleman from Vermont is recognized. Excuse me. You would |
|
think I could read. The gentlewoman, Ms. Stansbury, from New |
|
Mexico. |
|
Ms. Stansbury. Thank you, Mr. Chairman, and thank you also |
|
to our Ranking Member, and I want to just start this afternoon |
|
by thanking you especially for the tone you set in this |
|
Subcommittee hearing of bipartisanship, of collaboration, and |
|
of true oversight. That is truly in the spirit of why we are |
|
here, and I really appreciate it. |
|
Mr. Sessions. And I thank the gentlewoman. And I hope that |
|
you will expect the same from Mr. Connolly, Mr. Mfume, and |
|
myself because we intend to deliver that on behalf of the |
|
American people, and I thank the gentlewoman for recognizing |
|
that. |
|
Ms. Stansbury. Thank you. I am proud and excited to be able |
|
to serve on this Subcommittee. I am a former Federal employee |
|
myself. I worked at the Office of Management and Budget, and I |
|
was a program examiner there. And so I know very well the work |
|
of our OIGs and the critical work that you do to investigate |
|
waste, fraud, and abuse in our agencies, make sure that |
|
individuals who are conducting their affairs in a way that is |
|
not congruent with the oaths that we take are held accountable, |
|
and that, ultimately, this body, Congress, is able to take |
|
action in order to have accountability as well as our court |
|
systems. |
|
I know today we are here to talk about pandemic relief. I |
|
did want to follow on one of the comments that you made, Mr. |
|
Turner, about the perfect storm that happened at the beginning |
|
of the pandemic. I was serving in the New Mexico State House at |
|
the time, and I really appreciate the way you characterized the |
|
situation because I think for folks who were sort of in the |
|
trenches trying to implement these programs, it is hard for |
|
folks to understand. In my district alone, we had thousands and |
|
thousands of people who suddenly were home. They had no way to |
|
earn income. They had rent or their mortgages coming up. They |
|
had no way to get groceries. And in my communities that I |
|
represent, which are predominantly low income and many folks |
|
who are on fixed incomes, Medicaid, Medicare and, of course, |
|
other programs, it was an incredibly difficult time. |
|
And what I saw on the front lines of our state agencies is |
|
that they just were not prepared. They did not have the |
|
infrastructure. They didn't even have the IT infrastructure to |
|
handle the volume of phone calls and emails that they were |
|
getting, more or less the ability to serve all of the needs, |
|
and I think we also saw this at the Federal level with the SBA. |
|
When I took office in the summer of 2021, we had a number of |
|
our constituent cases that involved individuals whose SBA loans |
|
had been stolen through passwords through the system, so I |
|
think we all know that it was an incredibly difficult time. Our |
|
Feds, our state entities really rallied and did their best, and |
|
I want to thank those of you who were serving at that time. I |
|
know it was a really difficult time. |
|
I know that the main focus of this hearing is really on |
|
oversight of the pandemic programs themselves, but since we are |
|
here and this is our first hearing, I would love to just do a |
|
quick lightning round with my remaining two minutes from each |
|
of you to just hear from you generally what tools and resources |
|
would help you do your jobs better as inspectors generals and |
|
how can Congress actually help. And we will start with Mr. |
|
Turner and then rapidly go down the line. |
|
Mr. Turner. I think direct access to data would help us. It |
|
would allow us to get to issues faster. Had we had direct |
|
access, then we wouldn't have had to wait nine months to find |
|
the problems that were going on with the PUA. I also think |
|
modernization. As you mentioned, there are a lot of antiquated |
|
systems, and it is a game changer to have IT that is really |
|
modern. It does not take, you know, long for IT systems to be |
|
antiquated, and to go 10 years or 15 years is quite a while. |
|
Ms. Stansbury. Absolutely. And Mr. Delmar? |
|
Mr. Delmar. Data access, certainly. IT modernization, |
|
certainly. One thing I would say is we found that the no-year |
|
and multi-year funds that we got to do our work with respect to |
|
the CRF and a couple of other programs were very helpful, and |
|
that would be a good idea to be able to focus over the length |
|
of the program, funds devoted to enabling the oversight. |
|
Ms. Stansbury. Thank you very much, and Mr. Shoemaker? |
|
Mr. Shoemaker. We received $25 million in the CARES Act and |
|
$25 million in ARPA as supplemental funds no-year money. Those |
|
funds will be exhausted by 2024. We have approximately 185 |
|
dedicated men and women working for us. The President has put |
|
forward a budget for our base in Fiscal Year 2024 that would |
|
allow us to sustain that as a permanent resource. SBA as an |
|
agency is forever changed, so we need to match that with our |
|
oversight. And the systemic weaknesses that SBA experienced on |
|
a day-to-day basis, the strain that it was under, we believe |
|
that we can provide, you know, a lot of oversight to drive |
|
corrective action. |
|
Ms. Stansbury. That is extremely helpful. Thank you, |
|
gentlemen, and thank you to your staffs who are sitting behind |
|
you for serving the American people. We appreciate you. |
|
Mr. Sessions. The gentlewoman yields back her time. Thank |
|
you very much. The distinguished gentleman, my friend from |
|
Louisiana, Mr. Higgins, is recognized. |
|
Mr. Higgins. Thank you, Mr. Chairman. Gentlemen, I am going |
|
to move pretty quickly here. Each of you, ``Yes'' or ``No,'' |
|
are you familiar with the various Do Not Pay systems? |
|
Mr. Delmar. Yes. |
|
Mr. Turner. Yes. |
|
Mr. Higgins. Mr. Turner? |
|
Mr. Turner. Yes. |
|
Mr. Higgins. Mr. Delmar? |
|
Mr. Delmar. Yes. |
|
Mr. Higgins. Mr. Shoemaker? |
|
Mr. Shoemaker. Yes. |
|
Mr. Higgins. OK. So, for the purposes of clarity for the |
|
Americans watching, Do Not Pay systems, in my understanding, is |
|
the Treasury inspector general oversees the Bureau of Fiscal |
|
Service, which operates a Do Not Pay system, the systems or |
|
data matching services that agencies use to help to prevent |
|
fraudulent payments in various systems. And further, there is |
|
another layer of that system that the Consolidated |
|
Appropriations Act in 2021, is my understanding, allows the |
|
Social Security Administration to share its state-reported |
|
death data with the Treasury Department's DNP portal. So there |
|
appears to be, prior to many of these fraudulent payments going |
|
out, an effort by Congress and by the executive branch to put |
|
protective measures in place whereby our bureaucracies would |
|
not send out billions of dollars of fraudulent payments in |
|
manners that are shocking to Americans when they are revealed. |
|
I am going to ask Mr. Delmar and Mr. Turner to respond. I |
|
am advised that largely regarding COVID payments, the DNP |
|
systems, why they were not used, or underused, or set aside, |
|
for what reasons I do not know, and that the Social Security |
|
Administration's death record system was not utilized to filter |
|
payments before they went out. So, we are talking about |
|
responding as a Congress and working together with the |
|
executive branch to protect against this ever happening again. |
|
It does not appear that the protections we had in place were |
|
utilized to stop it from happening this time. Mr. Turner, |
|
please respond? |
|
Mr. Turner. Yes, I think part of the problem is that the |
|
states were inundated and some states did not participate in |
|
the Integrity Data Hub, which actually has access to the Master |
|
File, so that was part of the problem. Also, I think in their-- |
|
-- |
|
Mr. Higgins. Well, let me interject, Mr. Turner, not to cut |
|
you off, good sir, but to stay in this dialog because the |
|
American people are watching and the government had no problem |
|
telling us every night how many people allegedly were dying of |
|
COVID. There seemed to be plenty of death records available |
|
through the CDC because we were inundated with data about how |
|
many people were dying allegedly of COVID. It turned out they |
|
died with COVID, but that is another story for another day. So, |
|
you are saying that you did filter your payments through death |
|
records? |
|
Mr. Turner. What I am saying to you is not all states did |
|
because not all states participate, but also unemployment |
|
insurance is an entitlement, which is not affected by the Do |
|
Not Pay list. |
|
Mr. Higgins. But the Do Not Pay systems, again, my |
|
understanding--it is not my area of expertise. It is why you |
|
gentlemen are here. We are asking. Doesn't the Do Not Pay |
|
system protect against, say, the same name used multiple times |
|
at different addresses or the same address with hundred |
|
different names, or, you know, a variety of reasonable reviews |
|
that computers conduct to protect against fraudulent payments. |
|
Isn't that what the Do Not Pay systems are? |
|
Mr. Turner. I would have to defer to Mr. Delmar. |
|
Mr. Delmar. The Do Not Pay system takes in data from a |
|
number of other data bases. You mentioned the Social Security |
|
Death Master File. The 2021 appropriation did create a three- |
|
year opportunity for Social Security to provide that |
|
information to DNP. It is supposed to start by the end of this |
|
year and go for three years. It is my understanding that the |
|
Department---- |
|
Mr. Higgins. Were other filters engaged, sir, before |
|
payments were sent out for COVID moneys that were fraudulently |
|
accessed protecting against, say, multiple payments going to |
|
the same address under different names, et cetera? |
|
Mr. Delmar. Well, the DNP system, whatever information was |
|
in there, in addition to the Death Master File, there are a |
|
couple of other systems from other agencies that the Fiscal |
|
Service would like to get to make the DNP a more complete |
|
resource to provide a filter. |
|
Mr. Higgins. Thank you, gentlemen. Mr. Chairman, I am not |
|
sure I actually got an answer here in the five minutes, but I |
|
yield my time. I am expired. |
|
Mr. Sessions. The gentleman yields back his time. The |
|
gentleman from California, Mr. Garcia, is recognized. |
|
Mr. Garcia. Thank you very much, Mr. Chairman. I thank our |
|
witnesses. I appreciate you all being here today. Just a few |
|
broad notes. Before joining Congress, I was mayor of Long |
|
Beach, California. It is a city of about half a million people, |
|
and I was mayor the entire time during the COVID emergency. I |
|
think it is important to remember that this was the single |
|
largest loss of life event not just in my city, but in the |
|
country. In the modern era, it was a devastating emergency. It |
|
was serious at every level, and certainly, when you have that |
|
level of an emergency, mistakes are going to be made along the |
|
way, and I think overall, agencies did the very best to respond |
|
in the best way possible. |
|
I am personally very proud of the response that we had in |
|
our community. The White House called our response in Long |
|
Beach a national model. The Governor called the response the |
|
best in the state. And so, I think we did what we could, but we |
|
also made, like every single community across the country, some |
|
mistakes that we learned from. I think the idea here, and |
|
hopefully, the goal of this Committee and many others is that |
|
we can work to prevent future pandemics so if a pandemic were |
|
to arise, that we do the best we can to address them and to get |
|
folks support and help. And I know that is something that all |
|
of you are working to ensure that our systems are at a better |
|
place in the future. |
|
The CARES Act, American Rescue Plan literally saved |
|
communities, saved states, and saved cities, and we know this |
|
because we have seen the data. I know it by what I saw in my |
|
own community. And so, I want to thank all of you for also |
|
looking into these programs and for also the work that you have |
|
done in ensuring that the money is being spent adequately and |
|
in the right places, so thank you for that. Through that money, |
|
we funded testing programs, we funded lifesaving programs for |
|
families, and helped small businesses across the community, |
|
which is important. And also, I think one thing we have heard |
|
throughout the Committee is a lot of attacks on programs and |
|
the PPP Program, which is understandable, but this all started, |
|
and the pandemic started, and this program and PPP started |
|
under President Donald Trump. |
|
And so, I understand that when the President set up |
|
initially the response and the programs, it wasn't perfect. |
|
There were mistakes that were made, and as much as I wish the |
|
Trump Administration had done a lot more to help small |
|
businesses to set up this program so there would be less fraud |
|
and less abuse--I wish that would have happened--it didn't |
|
happen. But I also understand that we were in a national |
|
emergency, and sometimes folks, and particularly public |
|
servants across Federal agencies, are doing the best that they |
|
can. |
|
I very much support the work that was done to support small |
|
businesses. We saved small businesses and communities, and I am |
|
very grateful for that, and I want to also, just beyond that, |
|
on the PPP Program ask a specific question. It is something |
|
that relates to a few instances in California. We have had |
|
numerous workers reach out to our office and others in the |
|
state that are concerned that some of the PPP funds that may |
|
have gone to large corporations. And in this particular case, |
|
we are talking about hotel workers where PPP funds may have not |
|
gone to the workers themselves or to support some of the salary |
|
needs that were part of the requirements for certain loans. |
|
My direct question, and perhaps this can be for the SBA |
|
inspector, for Mr. Ware, SBA OIG currently has tens of |
|
thousands of complaints, I believe. How are those being |
|
prioritized right now? |
|
Mr. Shoemaker. Thank you for the question. In regards to |
|
size standards, we actually have an ongoing review right now |
|
looking at the size standards relative to PPP. So, if you have |
|
constituents that have complaints, you know, please contact our |
|
hotline to give us that information. We certainly will take |
|
that into consideration. |
|
How are we looking at our hotline? So, I indicated we have |
|
230,000 hotline complaints. We have used data analytics, |
|
specifically artificial intelligence, machine learning through |
|
a process called topic modeling to differentiate the complaints |
|
into eight buckets. Of that, we have identified 81,000 of |
|
actionable leads. We are now marrying that data with the actual |
|
PPP loan data, and in doing so, we will prioritize our work to |
|
look at the cases that have the most impact, that instill the |
|
most integrity within SBA's programs, and I say that because we |
|
have limited resources. We have 51 criminal investigators. |
|
Mr. Garcia. I appreciate that, sir. For example, in this |
|
case, I have been certainly approached by a group of workers |
|
and some of our hotel workers that have big concerns about some |
|
of the PPP loans. And if we are able to directly maybe get that |
|
information to you about this specific instance, that would be |
|
very helpful to them, and I do appreciate your time. |
|
Mr. Shoemaker. Thank you. |
|
Mr. Garcia. Can I get that commitment, sir? |
|
Mr. Shoemaker. Absolutely. |
|
Mr. Garcia. Thank you very much, sir. And with that, Mr. |
|
Chairman, I yield back, and as I do, I also want to thank the |
|
Committee for what has been a pretty productive subcommittee |
|
meeting, so thank you. |
|
Mr. Sessions. Thank you very much. The gentleman yields |
|
back his time. The distinguished gentlewoman from Georgia, Ms. |
|
Greene. |
|
Ms. Greene. Thank you, Mr. Chairman. I appreciate it. And |
|
gentlemen, I thank you for coming before the Committee today |
|
and discussing this very, very important issue, especially |
|
given that our government has the American people in over $31 |
|
trillion in debt. So, we appreciate you helping track that down |
|
and where it goes. |
|
Since all the money has been spent on COVID, there is |
|
approximately over $400 billion missing, which is extremely |
|
concerning to most Americans, and I just want to talk for a |
|
brief second about how difficult it has been. Obviously, |
|
everyone knows this: the government shutting down our economy, |
|
shutting down businesses, paying people basically to stay home, |
|
the difficulties for employers to get their employees to come |
|
back to work to start going again. And, you know, here we have |
|
the GAO estimates that the total fraud in pandemic UI Programs |
|
amounts to at least $60 billion. |
|
Just a brief question for you, Mr. Turner. Were there any |
|
states that seemed to be particularly vulnerable to fraud and |
|
improper payments in their UI Programs? |
|
Mr. Turner. We saw across the country most states exhibit |
|
the same problems and challenges, saw all of them that were |
|
vulnerable, and there was vulnerability that was displayed. |
|
Ms. Greene. What types of problems were there? |
|
Mr. Turner. Again, the multi-state claims with stolen |
|
identities was the No. 1 problem. Just multi-claims and people |
|
filing for numerous people, to include deceased individuals, |
|
prisoners, suspicious email, multi-states. |
|
Ms. Greene. Chasing down those basically criminals, has |
|
that been something that your Department has been putting a lot |
|
of time to? |
|
Mr. Turner. Without a doubt, I mean, from day one. And we |
|
have only maybe just scratched the surface, so that has been |
|
the biggest challenge for us. |
|
Ms. Greene. Approximately how many charges have you filed |
|
or how many people have you filed charges against? |
|
Mr. Turner. Twelve hundred indictments and 600 charges, and |
|
just kind of let me give you an example of the scope of what we |
|
have been dealing with. You know, before COVID, before the |
|
pandemic took place, we had maybe 100 cases or complaints a |
|
year on UI fraud. Since then, we have been getting 100 to 300 a |
|
week. |
|
Ms. Green. Wow, that is a considerable amount. Thank you |
|
for answering my question. I would like to ask about the Do Not |
|
Pay system. I know you all have been asked about this a good |
|
bit before. The Office of Management and Budget and the |
|
Treasury Department jointly maintain the Do Not Pay system, |
|
which is a free service that agencies can use to verify a |
|
recipient's eligibility for payment. I would just like to ask |
|
Mr. Delmar, Mr. Turner had said previously that some states |
|
don't use the Do Not Pay system. Is that correct, and if so, |
|
why not? |
|
Mr. Delmar. I believe they are now required to, but that |
|
wasn't always the case. So, I think the combination of they |
|
have made improvements in their interface, it is an easier |
|
system to use than it was, and the additional data bases that |
|
we talked about, the Death Master File and a couple of others. |
|
And one point I was going to make is the current legislation |
|
allows a three-year use of the Death Master File for DNP, so |
|
that would go from the end of this year through the end of |
|
2026, roughly. I think there is a proposal to make that a |
|
permanent allowance, and I think that would do a lot to make |
|
the system more effective in stopping multiple payments or |
|
ineligible payments. |
|
Ms. Greene. Right. There seemed to be plenty of them, I |
|
think. Did all agencies involved in pandemic relief use the Do |
|
Not Pay system? |
|
Mr. Delmar. I don't think all did. I can get you more |
|
specific information and address your question, you know, with |
|
a lot more depth, and we will do follow-up on that. |
|
Ms. Greene. Great. Thank you so much. |
|
Ms. Green. The Pandemic Response Accountability Committee |
|
found 69,323 questionable Social Security numbers allegedly |
|
used to obtain $5.4 billion in COVID relief according to a |
|
report. Mr. Shoemaker, do you know what happened to that money, |
|
and was it ever recovered? |
|
Mr. Shoemaker. In this specific instance, no, I do not know |
|
if that money was recovered. It could possibly be associated |
|
with ongoing cases or cases in the past. That was a different |
|
type of a project. That was a data analytics project just to |
|
review, but what that report indicates is a very powerful |
|
resource, which is the Social Security Administration. That |
|
data is not readily available to the Office of Inspector |
|
General. It is not readily available to programs whenever they |
|
stand it up. |
|
So, when we talk about the instances when an agency may not |
|
have used Do Not Pay, the government has data available. If |
|
that data is made available, we are in the business of best |
|
evidence. If you are an auditor or you are an investigator and |
|
you are looking for the best evidence, you go to the source. If |
|
that source data is available in the programs and in oversight, |
|
we certainly can unlock the power of that data. |
|
Ms. Greene. Right. Well, that makes sense. In October 2020, |
|
your office said that SBA's management continues to insist that |
|
it controls are robust despite overwhelming evidence to the |
|
contrary. Do you still agree with that assessment? |
|
Mr. Shoemaker. Certainly, that assessment at that time, and |
|
I believe that, that assessment has been proven true. The over |
|
700 indictments and 600 arrests is further proof that there is |
|
rampant fraud in the EIDL Program. |
|
Ms. Greene. Thank you very much. I yield back my time. |
|
Mr. Sessions. The gentlewoman yields back her time. Thank |
|
you very much. The distinguished gentleman from Virginia, Mr. |
|
Connolly, is recognized. |
|
Mr. Connolly. Thank you, Mr. Chairman, and thank you to Mr. |
|
Mfume, the Ranking Member, for having this hearing. This is the |
|
old part of my old subcommittee, so I look forward to working |
|
with you as we progress. And thank you to our witnesses for |
|
being here today. I must say I am impressed with the data you |
|
presented us in terms of indictments, prosecutions, |
|
convictions, and recovery. |
|
I think it is important to remember the context. Congress, |
|
in the worst pandemic in 100 years, in which people, by the |
|
way, did not allegedly die. They died. Almost a million and a |
|
half Americans are dead. Mr. Garcia didn't mention it, but I |
|
believe his mother and stepfather succumbed to COVID when he |
|
was the mayor of Long Beach. All of us have stories of loved |
|
ones, and friends, and associates who died from COVID because |
|
protocols weren't in place, vaccines weren't yet ready. We did |
|
not know how to manage this unknown thing, but also the economy |
|
was collapsing. |
|
Let us go back to April 2020. The economy was contracting |
|
by double digits. Today, the economy is growing at almost three |
|
percent. Unemployment was hitting depression level. Today, the |
|
unemployment rate is 3.4 percent, and what plagues us is not |
|
enough workers. Manufacturing was contracting. Small businesses |
|
were failing about half a million a week, something like that. |
|
We pumped $5 trillion into the economy, and it worked. We |
|
turned around the economy. We saved small businesses. We saved |
|
state and local governments. We saved people's jobs. We kept |
|
food on the table. We kept people in their homes free from |
|
eviction or repossession. It was a massive enterprise, and in |
|
that massive enterprise, we know there are bad actors who are |
|
going to cheat, and that is where you come in and try to help |
|
us prosecute those individuals and to recover taxpayer dollars |
|
that are and were at risk. |
|
Mr. Shoemaker, I remember particularly the Small Business |
|
Administration, and I'll focus on the other part of our |
|
Subcommittee, which is the IT part. I believe the basic IT |
|
platform for SBA is E-Tran. Is that correct? |
|
Mr. Shoemaker. The 7(a) lending program, yes, the E-Tran. |
|
Mr. Connolly. Yes, and I believe back in April 2020, the |
|
normal annual budget of SBA is about $20 billion a year. Is |
|
that correct? |
|
Mr. Shoemaker. I think that is high. |
|
Mr. Connolly. That might even be high? |
|
Mr. Shoemaker. Yes. Yes. |
|
Mr. Connolly. And we pumped $600 billion into SBA in April |
|
2020? |
|
Mr. Shoemaker. Yes. |
|
Mr. Connolly. Over 30 times the normal budget of SBA. Is |
|
that correct? |
|
Mr. Shoemaker. That is correct. So, SBA, its normal 7(a) |
|
lending portfolio was about $35 billion. So, the CARES Act |
|
authorized $349 billion, and as you indicated, I believe |
|
Congress had a concern at that time. There were oversight |
|
resources put into place, but what was not foreseen was another |
|
$300 billion infused into the program. |
|
Mr. Connolly. Correct. |
|
Mr. Shoemaker. And another $150 billion, to take us to $813 |
|
billion. |
|
Mr. Connolly. And the problem was that we wanted it to get |
|
to Main Street, to the mom and pop businesses, small, minority |
|
owned, women owned, veteran owned, that don't normally |
|
participate maybe in SBA programs. And that meant we had to |
|
find outreach to them quickly and to perhaps broaden the number |
|
of financial institutions and the kinds of financial |
|
institutions that might manage those portfolios. |
|
Mr. Shoemaker. That is correct. There were approximately |
|
2,000 SBA lenders in the 7(a) Program. That number was expanded |
|
over to 5,000 lenders to ensure that the money could, you know, |
|
make it out into Main Street. |
|
Mr. Connolly. Right. So, I think SBA is a great example. We |
|
wanted this money to go out quickly to save the economy, and to |
|
save businesses, and to keep people employed and the public |
|
served, and that put a huge burden on SBA. I mean, you had to |
|
kind of retrofit almost overnight, and there were lots of |
|
hiccups along the way. But how would you grade the agency's |
|
performance overall, though, when we look back on it in an |
|
unprecedented pandemic with unprecedented amounts of money and |
|
demand for loans and loans turned into grants? |
|
Mr. Shoemaker. So, our office at the inception of the |
|
pandemic, you know, our job was to let SBA know of the risk and |
|
vulnerabilities that we saw based upon our past oversight |
|
experience. And in doing so, we let the Agency know that strong |
|
guidance to the lending community would be vital to ensuring |
|
these programs are issued timely, and then also to have a |
|
robust internal control environment. |
|
So, what is asked of any agency for any program, you know, |
|
would have been an expectation of SBA at that time, would be to |
|
have an objective. The objective would be to provide assistance |
|
to eligible entities, and the ask from that point would be to |
|
establish an internal control environment to meet that |
|
objective. And so, from OIG's perspective, it is to have |
|
assurance, you know, that is what the internal control |
|
environment will be. |
|
But you are absolutely right. There were guardrails that |
|
were lowered as a result of that. You know, for example, the |
|
Congress did not allow SBA to utilize tax transcripts for the |
|
EIDL Program. The Congress also mandated the PPP Program have |
|
self-certification as part of the process. So, when we talk |
|
about underwriting in the PPP Program, we are not talking about |
|
underwriting that is anywhere near what a 7(a) underwriting |
|
would look like. So those guardrails were substantially |
|
lowered, and when you don't have assurance of an eligible |
|
entity, you, at a minimum, are going to lead to an improper |
|
payment, and, as we see in these programs today, fraud. |
|
Mr. Connolly. Thank you, and thank you, Mr. Chairman, and |
|
thank you, Mr. Mfume. |
|
Mr. Sessions. The gentleman yields back his time. The |
|
distinguished gentleman from Greenville, South Carolina, Mr. |
|
Timmons, is recognized. |
|
Mr. Timmons. Thank you, Mr. Chairman. We had a hearing |
|
about a month ago on pandemic relief fraud. PPP came up, and I |
|
asked Horowitz, the IG of DOJ, why he does not just get |
|
Treasury or SBA to run a report of any business that got a PPP |
|
loan that either didn't have withholdings in 2019 or the |
|
formula was off. The formula was technically your highest month |
|
in 2019 times 2.5. Generally, that is how it was. And if that |
|
formula was substantially divergent from what it should have |
|
been, then he goes and looks into it. |
|
And I didn't realize this, but he said that would be great. |
|
I wish I could have that, but it is illegal. They can't give me |
|
that. This is H.R. 1476, and what it does is it tells Treasury |
|
to run the report. It is two separate reports. It is a list of |
|
every business that had no withholdings whatsoever in 2019 that |
|
got a PPP loan because that is clearly fraudulent. Well, there |
|
is an exception to that, or any business, the PPP loan they got |
|
was four times their high month in 2019, which is we are giving |
|
them some breathing room. I am not trying to get people that |
|
were close. I am trying to get people that just stole. That |
|
seems like a pretty good plan. What are your thoughts? Do you |
|
think it is good legislation? Who wants to start? We will start |
|
with Treasury, Mr. Delmar. |
|
Mr. Delmar. My office does not have oversight of the IRS, |
|
but that said, you know, I agree with what Mr. Horowitz said |
|
about the extent of Section 6103 and the uses to which tax |
|
information can be put. But if your legislation is a specific |
|
exception to the general prohibition in 6103, I am sure it |
|
would have---- |
|
Mr. Timmons. Have that effect. |
|
Mr. Delmar [continuing]. A useful effect. |
|
Mr. Timmons. And again, we are not giving them anything |
|
other than just this report, and that report would be |
|
sufficient to go and subpoena other records to then build the |
|
case to then start arresting people. So, it seems to me that |
|
this legislation, if it was signed into law, would accomplish |
|
the objective. And I guess, to his credit, the President is |
|
trying to achieve the same objective. He just wants to blow |
|
$300 million to achieve it. |
|
So back and front, two pages. If he signs this into law, it |
|
saves $300 million. I mean, I guess we are still going to spend |
|
some money, because we are going to have to hire some |
|
additional prosecutors because it is going to be a lot of |
|
people, but at the end of the day, we are going to recover--it |
|
is allegedly up to $100 billion. You have already identified $5 |
|
billion, so if there is $50 billion to $90 billion out there, |
|
we are going to recover some. It is going to cost a lot of |
|
money to pursue it, but it is going to save a lot of money. I |
|
mean, all Americans can agree that if $100 billion was stolen |
|
through the PPP loan program, I mean, I think these people need |
|
to be held accountable. I don't think that is a partisan issue. |
|
Let's go to Mr. Shoemaker. I mean, SBA has all of this |
|
data. The legislation says that Treasury is going to work with |
|
IRS and SBA to deliver this report to the Attorney General. I |
|
mean, this wouldn't be hard for you to do. You have software. I |
|
mean, you have access to this information, do you not? |
|
Mr. Shoemaker. We do have access to the PPP data. The SBA |
|
does have access to some of the tax transcripts, but the data |
|
run that IG Horowitz is indicating, that is not available to us |
|
at present. |
|
Mr. Timmons. OK. So that would be IRS? |
|
Mr. Shoemaker. Yes. |
|
Mr. Timmons. Well, the IRS and SBA are going to have to |
|
work on this together, and that is what the legislation as |
|
drafted says---- |
|
Mr. Shoemaker. Yes. |
|
Mr. Timmons [continuing]. Because they are going to need |
|
your help to see the PPP amount and then the alleged |
|
justification, and then the actual tax records will show |
|
whether it was legitimate. |
|
Mr. Shoemaker. An indication, yes. |
|
Mr. Timmons. And again, there are always going to be |
|
exceptions, but overwhelmingly, this will achieve the desired |
|
objective and save the $300 million that has being proposed to |
|
throw at it, but also likely recover quite a bit. |
|
Mr. Shoemaker. The thing that I believe that we need to |
|
think through, this is after the fact. This is pay-and-chase. |
|
Imagine if this control was on the front side. |
|
Mr. Timmons. It would have delayed the ability to get the |
|
money out, I am sure, and at the end of the day, we were |
|
building the cars. We were driving 90 miles an hour down the |
|
road. I will say that SBA and the government brought my faith |
|
back into humanity during COVID. People were working enormous |
|
amounts of time to get the needed relief out the door, and so I |
|
appreciate all the work that the Federal Government did to |
|
achieve that objective. I am over time. Mr. Chairman, thank |
|
you. I yield back. |
|
Mr. Sessions. The gentleman from South Carolina yields back |
|
his time. The gentlewoman from Vermont, Ms. Balint. |
|
Ms. Balint. Thank you, Mr. Chair, and thank you, Mr. |
|
Turner, Mr. Delmar, and Mr. Shoemaker. I know it has been a |
|
long afternoon, so I really appreciate your time. I was on the |
|
front lines dealing with the pandemic in Vermont. I was leader |
|
of the Vermont Senate, and what I remember most about that time |
|
was thousands and thousands of Vermonters calling my office, |
|
calling my colleagues with one message over and over again. We |
|
are desperate, right? We can't afford food. We can't afford our |
|
housing. And the answer for many of them was the Federal |
|
assistance they received in expanded unemployment benefits and |
|
through the Paycheck Protection Program. |
|
So obviously, these are huge national programs. We are all, |
|
I think, in agreement that we have to make sure we are rooting |
|
out fraudsters, that we are making sure that we are, you know, |
|
holding scammers accountable, but I want to put a face to this |
|
program, PPP in particular. When Vermonters think about that |
|
program, they think of places like Otter Creek Child Center and |
|
College Street Children's Center. The PPP Program helped these |
|
childcare centers stay afloat in the early days of the pandemic |
|
so that they could continue serving families. People were |
|
desperate for how it was that they were going to continue to |
|
get the care that their children needed. |
|
And, you know, according to folks who work at Otter Creek |
|
Child Center in Middlebury, PPP helped us support both families |
|
and teachers through our closure period from March 18 to May |
|
31. That is 2020. The funds allowed us to continue to cover |
|
payroll, keep spots available to families for when we reopened |
|
in June 2020, and PPP provided a critical safety net and a |
|
stress relief in a very uncertain time and a very stressful |
|
time. So, the funds allowed us to successfully reopen in June |
|
2020, meeting all required state and Federal mandates, while |
|
only being at 50 of capacity because of extenuating |
|
circumstances related to the pandemic. So, I can say I am here |
|
as a Member of Congress, newly elected, but I am also here as a |
|
mom, and a former teacher, and a member of my community, and I |
|
know how critical that program was. |
|
PPP meant that hundreds of kids could keep getting high- |
|
quality early childcare at places like Otter Creek and College |
|
Street Children's Center. It also meant that their parents |
|
could stay in the work force or get back into the work force, |
|
something that we are all still struggling with. |
|
So, as I said earlier, we need these programs to have |
|
integrity, right? We need to hold fraudsters and scammers |
|
accountable, not just to the Federal Government, but |
|
accountable to their communities and the resources they were |
|
taking away from organizations that desperately needed that |
|
money. |
|
So, Mr. Shoemaker, can you just take me through how did |
|
fraudsters take advantage of PPP Program and the expanded |
|
program we called EIDL, or the Economic Injury Disaster Loan |
|
programs? Can you just give me some examples? And I apologize. |
|
I was needing to be in another hearing. That is how it is in |
|
Congress. You got to be in the other hearing. You got to run |
|
back. So, if I am, you know, asking you something you have |
|
already covered, please forgive me, but if you could highlight |
|
that, that would be helpful to me. |
|
Mr. Shoemaker. Sure. Within PPP, there are a number of |
|
different fraud scams. In Oregon, there was a dentist. There |
|
was $170 million attempted to be stolen across all the |
|
programs, RF programs alone. In May 2022, there was a scam |
|
called My Buddy Loans, where these individuals, they put 400 |
|
applications in for EIDL loans. Millions of dollars were lost, |
|
and so what you have is identity theft, and SBA's programs did |
|
not provide an assurance of identity, so you had those types of |
|
scams. You had romance scams where, you know, folks were duped. |
|
You had false businesses, false documentation, where, if you |
|
had assisted an internal control to validate the information, |
|
that could prevent that. |
|
So those are the types of scams that are out there, but, |
|
you know, IG Ware is sort of famous for this. Fraudsters are |
|
going to do what fraudsters do. They are going to come for the |
|
money, so you have to have the internal controls to root those |
|
guys out before they, you know, tear down the system. |
|
Ms. Balint. I appreciate that. So, in essence, I think we |
|
all want to try to focus on solutions here, right? It is a |
|
``yes/and.'' Yes, we helped a lot of people and we need to do |
|
it better in the future. And so, I want to make sure that we |
|
are continuing to make the investments that inspector generals |
|
need in order to make sure that the money that we are setting |
|
aside is going to those individuals and those organizations |
|
that desperately need it and not going to fraudsters. So, I |
|
thank you for your time. I yield back. |
|
Mr. Sessions. The gentlewoman yields back her time. Now I |
|
recognize the distinguished gentleman from Alabama, the |
|
chairman of the Policy Committee for Republicans, the |
|
gentlemen, Mr. Palmer. |
|
Mr. Palmer. I thank the Chairman, and I associate myself |
|
with the gentlelady's remarks ``running back and forth.'' It is |
|
very aerobic being in Congress. I have got some serious issues |
|
with how your agencies have handled the fraud. Would you |
|
repeat--and I don't remember who the witness was that gave the |
|
amount of fraud that we think cumulatively has occurred. Did I |
|
hear it could be as high as $800 billion? |
|
Mr. Turner. I know we calculated fraud to be $76 billion, |
|
and this is on the conservative side. That is Labor. |
|
Mr. Shoemaker. In PPP and EIDL, you know, currently our |
|
work has demonstrated approximately $100 billion in potential |
|
fraud, but we have an ongoing assessment that is due out in mid |
|
to late spring to be a comprehensive look at PPP and EIDL |
|
fraud. |
|
Mr. Palmer. Have you heard that it could be as high as $800 |
|
billion? |
|
Mr. Shoemaker. No. |
|
Mr. Turner. I have never heard that amount. |
|
Mr. Palmer. You never heard that amount? |
|
Mr. Turner. I think the most I have heard was $400 billion. |
|
And again, we do not know where that came from because we get |
|
our rate from the Department, and that is what our numbers are |
|
based on. |
|
Mr. Palmer. And I was involved in trying to get to the |
|
bottom of the fraud in the state of Alabama. I was trying to |
|
get information, but in my working with some of the |
|
investigators, I found it very difficult. They were being |
|
denied access to information. That included deputy inspector |
|
general from the Department of Labor, Alabama investigators. I |
|
am concerned that the amount of fraud is substantially higher |
|
than what you gentlemen have acknowledged, and I just wonder |
|
how diligent, Inspector General Turner, the Department of Labor |
|
is going to be in trying to recover this. Is there any hope to |
|
recover this amount of money that has been taken fraudulently? |
|
Mr. Turner. Well, let me just assure you we take fraud |
|
serious, and we---- |
|
Mr. Palmer. I didn't ask you that. I am asking you are you |
|
focused on this. |
|
Mr. Turner. Yes, we are. We are focused on it, but we also |
|
realize that once fraud leaves out the door, it is so hard to |
|
get back because there are so many factors beyond our control. |
|
Mr. Palmer. Well, one of those factors that all of you are |
|
dealing with are in some cases states that are not willing to |
|
work with you. Is that a fair assessment? |
|
Mr. Turner. I don't know if that is a fair assessment when |
|
it comes to recovery because the states as well as other law |
|
enforcement agencies, to include PRAC and DOJ, have all been |
|
partners, and we have all been working this together. |
|
Mr. Palmer. Well, the GAO recommended that the Department |
|
of Labor collect data on the overpayments, what you have done |
|
in the pandemic unemployment assistance program. And it was |
|
done with regular unemployment payments, and the Department of |
|
Labor agreed to do that. But as of September of last year, only |
|
30 states have reported some of this data. So, if you can't get |
|
the states to report, I don't care how much you are personally |
|
interested in trying to recover it, you are not going to get |
|
very far, are you? |
|
Mr. Turner. I agree totally with you. You made my case for |
|
me. We need direct access, and that is what we have said from |
|
day one, and that is what we continue to say today. |
|
Mr. Palmer. Mr. Chairman, it might be good if we start |
|
bringing in some secretaries of labor from the states to have a |
|
discussion about this. And one of the reasons I am so concerned |
|
about it is that every dollar of this fraudulent money that we |
|
sent out is borrowed. We just heard the director of the |
|
Congressional Budget Office yesterday tell us that in 10 years, |
|
the cumulative spending on interest on the debt will reach |
|
$10.9 trillion. Part of that interest is going to be on money |
|
that was stolen through these pandemic relief programs. |
|
I think we owe it to the American people to do everything |
|
that we can within our power to recover this and hold people |
|
accountable, and part of the problem was that we didn't put |
|
guardrails on this to reduce the amount of fraud, particularly |
|
on unemployment. We had states taking applications from foreign |
|
IP addresses. They were not requiring employer verification of |
|
layoffs. They were allowing people to personally certify |
|
themselves for this, and I could go on and on the list. |
|
And it was very lucrative. If you looked at this on an |
|
hourly wage rate for a regular 40-hour week, we were not only |
|
making people whole, we were making people pretty well off. And |
|
I just think, Mr. Chairman, that it is not enough to just hold |
|
this hearing. And I know the frustration that I am sure each |
|
one of you feel because I think you are committed to ensuring |
|
that the taxpayers' dollars are well spent and appropriately |
|
spent. But I think we may need to continue this and maybe bring |
|
in some secretaries of states from some of these states where |
|
it was even more egregious than it was in all of them and try |
|
to get to the bottom of this because we owe it to the |
|
taxpayers. We are paying an interest on it. I yield back. |
|
Mr. Sessions. I thank the distinguished gentleman for his |
|
comments. And, in fact, I would want to yield now time to Mr. |
|
Mfume for any closing comments, and then we will close this |
|
one, folks. At this time, the distinguished gentleman is |
|
recognized. |
|
Mr. Mfume. Thank you very much, Mr. Chairman. I just want |
|
to, again, express my appreciation to the three witnesses, to |
|
you, and to other Members of this Committee for delving into |
|
this. It has been a bipartisan effort, and I assume it will |
|
continue that way. And there are a lot of ideas that have come |
|
out of this hearing, particularly the extension of the statute |
|
of limitations and other things, so I thank you very much. Sir, |
|
I yield back. |
|
Mr. Sessions. The distinguished gentleman, the Ranking |
|
Member yields back. I, too, want to, as we started this |
|
hearing, to thank each of you and your staffs. But let's extend |
|
that also to the people who were back and IGs all across the |
|
country that you have that worked diligently on behalf of the |
|
taxpayer, and I believe as part of rule of law, and I believe |
|
part of Americanism. So, I want to thank each of you. |
|
We have had a consensus conversation, even though some have |
|
come and gone and come and gone, about where we are going to |
|
gather ourselves together, and I would expect to be able to |
|
politely offer that to you for your feedback so that we |
|
continue down the road. Mr. Mfume and I will work together, and |
|
we expect you to do the same with us, and we thank you very |
|
much. |
|
This ends the hearing today, and our thanks to each of you. |
|
[Whereupon, at 4:08 p.m., the Subcommittee was adjourned.] |
|
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