The Retire Advocate
February
2026
Keep Billionaires Out of Social Security Act
Steve Kofahl
On September 10, 2025, Bernie Sanders introduced this legislation,S. 2763, along with 29 original Senate Democrat co-sponsors. Another added his name a few days later. It was referred to the Senate Finance Committee, where Oregon Senator Ron Wyden serves as Ranking Member. Wyden, Oregon Senator Jeff Merkley, and Senator Patty Murray are original co-sponsors. Finance Committee member Maria Cantwell has not yet signed-on.
So, who are these billionaires and wannabes? We can start with Elon Musk, whose net worth approaches $1 trillion. His so-called Department of Government Efficiency (DOGE) has wreaked havoc at the Social Security Administration (SSA) beginning last year. DOGE involvement was enthusiastically welcomed by SSA Commissioner Frank Bisignano, whose own net worth has been estimated at $254 million to $1 billion.
Bisignano, Treasury Secretary Scott Bessent ($500-$700 million), Labor Secretary Lori Chave-DeRemer ($150 million), and Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. ($15-30 million) constitute the Social Security Trustees, charged with over-sight of the Social Security and Medicare Trust Funds and annual reporting on their status. Two public Trustee positions, to be nominated by the President and confirmed by the Senate, and required to be from different political parties, remain vacant. It would be good to add two Trustees who better represent Americans of more modest means.
The purpose of S. 2763 is to permanently appropriate funding for the administrative expenses of the SSA, and for other purposes.
It would exempt SSA from DOGE jurisdiction, and from the application of four Trump Executive Orders (E.O.). E.O. 14158 established DOGE, E.O. 14210 concerns DOGE and Reductions in Force of the Federal workforce, E.O. 14219 addresses deregulation, and E.O. 14222 concerns cost efficiency related to Federal grants and contracts.
The bill would prohibit political appointees and special government employees, except those in a position to research, analyze, or improve delivery of benefits to program recipients, from accessing any beneficiary data system. It allows civil actions for negligent disclosure or access, up to $5,000 for each act (or actual damages if greater), and punitive damages for gross negligence. Enforcement actions are allowed for five years after a plaintiff discovers a violation. Any Federal employee investigated by the SSA Office of Inspector General for a violation, and found guilty, would be subject to dismissal from Federal service, and criminal penalties up to $10,000 and/or 5 years imprisonment. The Comptroller of the US. would be tasked with monthly and detailed annual reporting to the Senate Finance and House Ways & Means Committees.
SSA authority to except positions from competitive service (those with civil service job protections), and to transfer positions, is limited. The SSA Commissioner may transfer no more than 1% of employees to excepted positions per Presidential term, with employee consent required.
Only deceased individuals, based on clear and convincing evidence, may be added to the SSA Death Master file.
The SSA Commissioner is required to maintain, at minimum, the same number of SSA offices that existed on January 1, 2025. Except in case of short-term emergency or office relocation, he must not reduce levels of service. Meaningful and efficient access to live operator assistance must be maintained, with significant improvements within 12 months to telephone wait times and call back times, and average service times as compared to calendar year 2024.
The Commissioner could open new offices, but must make recommendations to Congress regarding changes in office locations, consolidations, or closures. He can increase staffing, but cannot reduce it below the calendar year 2024 level. Hiring freezes or prohibitions, reduction-in-force orders, or similar policies are prohibited.
The Civil Rights and Equal Opportunity, Transformation, and Analytics Review and Oversight offices are re-established and incorporated in the Social Security Act.
The Social Security Act is amended, effective October 1, 2025, to appropriate 1.2% of the sum of benefit payments required to be made for program administration. This spending authority is removed from budget caps, the Congressional Budget Resolution, and other allocations. It is not counted as new budget authority, outlays, receipts or deficit/surplus for purposes of the annual Budget, the Balance Budget and Emergency Deficit Control Act of 1985, the statutory Pay-As-You-Go Act of 2010, or the Congressional Budget Resolution Act of 1974.
Efforts to increase awareness of eligibility for disabled children to receive Supplemental Security Income (SSI), and to reduce backlogs of disability claims/appeals/reviews are funded at $2 billion for Fiscal Years 2026-2035. The allocation would also increase the menu of available online services, including an online SSI application.
Effective with overpayment determinations made 3/25/24 or later, monthly benefits can be reduced by no more than 10% for recovery, except when a beneficiary requests a higher rate.
The Commissioner may make payments to states’ protection and advocacy systems to protect legal rights of disabled individuals pursuant to the Developmental Disabilities Assistance and Bill of Rights Act.
For five years beginning 10/1/25, SSA is to award at least 10 grants/year to community-based organizations to assist individuals with disabilities during claim and appeals processes. Up to $15 million is allocated annually.
The Social Security Independence and Program Improvement Act of 1994, Public Law 103-296, took SSA out of HHS and made it an independent agency. It was supposed to insulate SSA from political budget cycles. It was exciting at the time, as we at the American Federation of Government Employees who had pressed for it for years, and many in Congress who had worked on it, believed that an independent SSA would no longer have to compete with other agencies and programs for administrative funding. Office of Management and Budget disagreed with that interpretation. If we can get this legislation passed, SSA will finally be able to provide the services and timely payments that workers have paid for and deserve.
Steve Kofahl is a retired president of AFGE 3937, representing Social Security workers, a member of PSARA's Execu-tive Board, and Co-Chair of PSARA's Social Security task force.
