Social Security Head's Decisions Illegal Since November 17, Says Government Accountability Office
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What’s the story?
Way back in mid-November Countable let users know that the administration had reached an important deadline according to the Vacancies Reform Act. 300 days after the inauguration, according to federal law, all political appointments must be filled. "Acting" replacements have no legal authority to make long term strategic decisions past that point.
According to CNN’s tracking, as of December 31, 2017 only 502 of the approximately 1,200 positions subject to Senate confirmation had been nominated. Some positions are still being filled by staff whose terms have not expired, so they fall within the law.
On Tuesday, the Government Accountability Office (GAO) sent a letter to the president reminding him of the law, and noting that Social Security Acting Commissioner Nancy A. Berryhill in particular has been in violation of the law.
Why does it matter? Social Security pays benefits to more than 60 million people a year, totaling nearly 1 trillion dollars. It is the largest single program in the federal budget, responsible for a quarter of all federal spending. And if Ms. Berryhill were to issue a rule, or otherwise make a lasting decision, it could be subject to legal challenge for exceeding her authority.
However, "acting" heads can, and have, filled positions in the absence of nominations for long periods of time. In fact, there hasn’t been a Senate-confirmed Commissioner running the Social Security Administration for five years.
Announcing a Wednesday hearing of the House Ways and Means Social Security subcommittee, Chairman Sam Johnson (R-TX) made a strong statement about the need for properly empowered leadership:
"The Social Security Administration has been without a Senate-confirmed Commissioner for more than five years and has instead been operating with an Acting Commissioner. While Acting Commissioner Berryhill has done an admirable job, at the end of the day, the acting head of an agency is just that: acting. They do not have the authority to provide the long-term strategic vision that is critical for success. Important decisions are being put off and service has deteriorated because this agency is lacking a leader."
What do you think?
Are you concerned about delays in nominations by the administration? Are there particular positions not yet nominated that should be prioritized to move forward in your opinion?
Tell us in the comments what you think, then use the Take Action button to tell your reps!
— Asha Sanaker
(Photo Credit: Wikimedia / Creative Commons)
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