[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2742 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2742

     To provide for public notice and input prior to the closure, 
consolidation, or public access limitation of field or hearing offices 
     of the Social Security Administration, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2014

 Mr. Schumer (for himself, Mr. Nelson, and Mr. Begich) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
     To provide for public notice and input prior to the closure, 
consolidation, or public access limitation of field or hearing offices 
     of the Social Security Administration, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Improving Access to Social Security 
Services Act''.

SEC. 2. REDUCTIONS IN PUBLIC ACCESS TO SOCIAL SECURITY ADMINISTRATION 
              FIELD OR HEARING OFFICES.

    (a) In General.--Section 704 of the Social Security Act (42 U.S.C. 
904) is amended by adding at the end the following new subsection:

         ``Ensuring Public Access to Field and Hearing Offices

    ``(f)(1) The Commissioner may not impose any reduction in public 
access on an office unless the requirements under paragraphs (2) 
through (5) have been satisfied in connection with such reduction.
    ``(2) Not later than 180 days before the date that the proposed 
reduction in access to an office would take effect, the Commissioner 
shall provide effective public notice regarding the proposed reduction, 
which--
            ``(A) may include, to the extent feasible, providing notice 
        to--
                    ``(i) all individuals residing in areas serviced by 
                such office by direct mailing, the dissemination of 
                print or electronic notices, or publication in 
                community outlets such as newspapers and posting in 
                heavily trafficked public spaces; and
                    ``(ii) representatives of institutions in areas 
                serviced by such office that may be affected by the 
                proposed reduction, including schools, hospitals, 
                nursing homes, elder rights advocacy groups, community-
                based organizations that represent Social Security 
                beneficiaries, and any organization that represents 
                employees of the Administration by direct mailing, 
                electronic mail, or telephone; and
            ``(B) shall include--
                    ``(i) direct, written notification of the elected 
                officials of individuals residing in areas serviced by 
                such office, which shall include each Member of the 
                Congress representing a State or congressional district 
                in which such office is located and may include the 
                mayor, city council, or other local government 
                officials representing the areas serviced by such 
                office;
                    ``(ii) on the website of the Social Security 
                Administration, a description of the proposed reduction 
                and the most recent information used by the 
                Commissioner in evaluating the office for closure, 
                including the most recent Service Area Review of such 
                office;
                    ``(iii) relevant information regarding the areas 
                serviced by such office, including--
                            ``(I) the percentage of individuals in such 
                        areas with access to broadband internet 
                        service;
                            ``(II) the availability of public and 
                        private transportation from such office to the 
                        other offices nearest to such areas to 
                        individuals residing in such areas, and the 
                        extent to which such other offices are 
                        accessible by public or private transportation;
                            ``(III) the percentage of individuals in 
                        such areas that lack facility with the English 
                        language;
                            ``(IV) the percentage of individuals in 
                        such area with annual incomes that do not 
                        exceed the Federal poverty threshold applicable 
                        to the family size involved (as determined by 
                        the Bureau of the Census); and
                            ``(V) any other relevant factors that may 
                        limit public access to the other offices 
                        nearest to such areas;
                    ``(iv) a description of the effect that the 
                reduction in public access will have on areas serviced 
                by such office, including--
                            ``(I) the number of Social Security 
                        beneficiaries that such office services;
                            ``(II) the projected population of 
                        individuals residing in such areas (including 
                        any congressional district serviced by such 
                        office) who, during the 5-year, 10-year, and 
                        15-year periods subsequent to the reduction in 
                        public access, will have attained early 
                        retirement age;
                            ``(III) the number of Administration 
                        employees who work in such areas and any 
                        congressional district serviced by such office;
                            ``(IV) the number of cases pending, the 
                        average number of daily visitors in the 
                        previous year at such office, and the average 
                        wait time for service in the previous year at 
                        such office;
                            ``(V) the number of miles between such 
                        office and the other offices nearest to such 
                        areas;
                            ``(VI) the average increase in travel from 
                        such office to the other offices nearest to 
                        such office for a member of the public or an 
                        employee of the Administration that is expected 
                        to result from the reduction in public access; 
                        and
                            ``(VII) the level of public access 
                        available at the other offices nearest to such 
                        areas, including potential obstacles faced by 
                        elderly and disabled citizens;
                    ``(v) the projected savings to the Administration 
                resulting from the reduction in public access for the 
                10-year period subsequent to such reduction;
                    ``(vi) the estimated cost of co-locating such 
                office with another Federal agency as an alternative to 
                the proposed reduction in public access;
                    ``(vii) any measures the Administration plans to 
                take to eliminate or reduce obstacles to public access 
                at the other offices nearest to the areas serviced by 
                such office;
                    ``(viii) relevant information regarding the 
                criteria and reasons for imposing a reduction in public 
                access on an office; and
                    ``(ix) the date, time, and location of the public 
                hearing described in paragraph (4).
    ``(3) Not later than 30 days after the issuance of the public 
notice described in paragraph (2), the Commissioner shall provide for a 
public comment period of not less than 60 days.
    ``(4) Not earlier than 30 days after the issuance of the public 
notice described in paragraph (2) and not later than 80 days before the 
date that the proposed reduction in access to an office would take 
effect, the Commissioner shall conduct not less than 1 public hearing 
at which the Commissioner shall present the justifications for the 
reduction in access and provide attendees with an opportunity to 
present their views regarding such reduction.
    ``(5) Not later than 30 days after the conclusion of the public 
comment period described in paragraph (3) or the date of the public 
hearing described in paragraph (4), whichever is later, the 
Commissioner shall submit to the Committee on Ways and Means of the 
House of Representatives, the Committee on Finance of the Senate, and 
each Member of the Congress representing a State or congressional 
district in which the office is located a detailed final report, which 
shall be made available to the public, regarding the reduction in 
public access, including the justifications for such reduction and any 
findings made by the Commissioner in regards to comments received 
during the public comment period or the public hearing.
    ``(6) In this subsection:
            ``(A) The term `reduction in public access' means any 
        closure of an office, consolidation of 2 or more offices, or 
        reduction in the number of hours in which an office is open to 
        the public by 8 or more hours per week, except that such term 
        shall not include a temporary closure or reduction that is the 
        result of the need to make necessary repairs, a natural 
        disaster, or other emergency necessitating a reduction or 
        closure.
            ``(B) The term `office' means any field or hearing office 
        of the Administration.''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to any reduction in public access to an office that 
takes effect after the date of enactment of this Act.

SEC. 3. IMPROVING SOCIAL SECURITY ADMINISTRATION SERVICES.

    (a) In General.--Each field office of the Social Security 
Administration (referred to in this section as an ``office'') shall be 
required to provide services necessary for--
            (1) until August 1, 2015, Social Security number printout 
        services; and
            (2) until October 1, 2015, benefit verification letter 
        services.
    (b) Outreach.--
            (1) National campaign.--The Commissioner of Social Security 
        (referred to in this Act as the ``Commissioner'') shall conduct 
        an outreach campaign to notify Social Security beneficiaries 
        and other interested parties (including State departments of 
        motor vehicles, the Internal Revenue Service, State and Federal 
        housing assistance agencies, and other State and Federal 
        agencies that provide need-based assistance) of--
                    (A) plans to phase out--
                            (i) Social Security number printout 
                        services; or
                            (ii) benefit verification letter services 
                        at offices; and
                    (B) the online availability of the services 
                described in subparagraph (A).
            (2) Local outreach.--Each office that ceases to offer, or 
        reduces the availability of, the services described in 
        paragraph (1)(A) shall provide notice to key local 
        organizations whose members or patrons may be affected by such 
        cessation or reduction, including--
                    (A) employee placement organizations;
                    (B) housing assistance organizations;
                    (C) organizations that assist with the 
                administration of need-based government benefits;
                    (D) income tax preparers; and
                    (E) banks and other financial institutions.
    (c) Live-Chat Assistance.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Commissioner shall establish a 
        system providing live-chat assistance for online users of the 
        website of the Social Security Administration.
            (2) Implementation report.--Not later than 9 months after 
        the date of the enactment of this Act, the Commissioner shall 
        submit a report to the Inspector General of the Department of 
        Health and Human Services that describes--
                    (A) the Commissioner's progress in implementing the 
                live-chat assistance system described in paragraph (1); 
                and
                    (B) other measures that the Commissioner has taken 
                to notify users of the website of the Social Security 
                Administration of the availability of live-chat 
                assistance and the circumstances in which the use of 
                such assistance may be advisable.
    (d) Waiver of Fees for Services.--
            (1) In general.--Section 205 of the Social Security Act (42 
        U.S.C. 405) is amended by adding at the end the following new 
        subsection:

                     ``Waiver of Fees for Services

    ``(v)(1) In any case where the Social Security Administration 
(referred to in this subsection as the `Administration') charges a fee 
for a service offered by the Administration, either online or at a 
field office of the Administration, the Commissioner of Social Security 
shall establish a process whereby an eligible individual (as defined in 
paragraph (2)) may apply for a reduction or waiver of such fee.
    ``(2) For purposes of paragraph (1), an `eligible individual' is an 
individual whose annual income does not exceed the Federal poverty 
threshold applicable to the family size involved (as determined by the 
Bureau of the Census).
    ``(3) The Commissioner of Social Security shall provide timely 
notice to an individual who makes an application under paragraph (1) of 
the approval or denial of such application.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect 180 days after the date of the enactment of 
        this Act.
    (e) Report.--Not later than 6 months after the date of the 
enactment of this Act, the Commissioner shall submit a report to the 
Committee on Ways and Means of the House of Representatives and the 
Committee on Finance of the Senate describing the Administration's 
long-term strategy for service delivery, including--
            (1) the Social Security Administration's strategy for 
        providing face-to-face services to a growing population of 
        elderly individuals; and
            (2) recommendations for reforming the process by which 
        offices are selected for closure.

SEC. 4. IMPROVING COMMUNICATION TO PREVENT AND RESOLVE INSTANCES OF 
              IDENTITY THEFT.

    (a) Notification System.--Not later than 180 days after the date of 
the enactment of this section, the Commissioner shall establish an 
automated notification system to alert Social Security beneficiaries of 
changes made to their information for direct deposit to a financial 
institution of their Social Security benefits in a timely manner by 
direct mail and, taking due precautions to ensure security, electronic 
mail.
    (b) Single Point of Contact.--Not later than 180 days after the 
date of the enactment of this section, the Commissioner shall establish 
new procedures to ensure that any Social Security beneficiary whose 
benefits have been delayed or otherwise adversely affected due to 
identity theft has a single point of contact at the Administration 
throughout the processing of such beneficiary's case. Such point of 
contact shall track the case of the beneficiary from start to finish 
and coordinate with other specialized units to resolve case issues as 
quickly as possible.

SEC. 5. PROHIBITION OF THE DISPLAY, SALE, OR PURCHASE OF SOCIAL 
              SECURITY NUMBERS.

    (a) Prohibition.--
            (1) In general.--Chapter 47 of title 18, United States 
        Code, is amended by inserting after section 1028A the 
        following:
``Sec. 1028B. Prohibition of the display, sale, or purchase of Social 
              Security numbers
    ``(a) Definitions.--In this section:
            ``(1) Display.--The term `display' means to intentionally 
        communicate or otherwise make available (on the Internet or in 
        any other manner) to the general public an individual's Social 
        Security number.
            ``(2) Person.--The term `person' means any individual, 
        partnership, corporation, trust, estate, cooperative, 
        association, or any other entity.
            ``(3) Purchase.--The term `purchase' means providing 
        directly or indirectly, anything of value in exchange for a 
        Social Security number.
            ``(4) Sale.--The term `sale' means obtaining, directly or 
        indirectly, anything of value in exchange for a Social Security 
        number.
            ``(5) State.--The term `State' means any State of the 
        United States, the District of Columbia, Puerto Rico, the 
        Northern Mariana Islands, the United States Virgin Islands, 
        Guam, American Samoa, and any territory or possession of the 
        United States.
    ``(b) Limitation on Display.--No person may display any 
individual's Social Security number to the general public without the 
affirmatively expressed consent of the individual.
    ``(c) Limitation on Sale or Purchase.--Except as otherwise provided 
in this section, no person may sell or purchase any individual's Social 
Security number without the affirmatively expressed consent of the 
individual.
    ``(d) Prerequisites for Consent.--In order for consent to exist 
under subsection (b) or (c), the person displaying or seeking to 
display, selling or attempting to sell, or purchasing or attempting to 
purchase, an individual's Social Security number shall--
            ``(1) inform the individual of the general purpose for 
        which the number will be used, the types of persons to whom the 
        number may be available, and the scope of transactions 
        permitted by the consent; and
            ``(2) obtain the affirmatively expressed consent 
        (electronically or in writing) of the individual.
    ``(e) Exceptions.--Nothing in this section shall be construed to 
prohibit or limit the display, sale, or purchase of a Social Security 
number--
            ``(1) required, authorized, or excepted under any Federal 
        law;
            ``(2) for a public health purpose, including the protection 
        of the health or safety of an individual in an emergency 
        situation;
            ``(3) for a national security purpose;
            ``(4) for a law enforcement purpose, including the 
        investigation of fraud and the enforcement of a child support 
        obligation;
            ``(5) if the display, sale, or purchase of the number is 
        for a use occurring as a result of an interaction between 
        businesses, governments, or business and government (regardless 
        of which entity initiates the interaction), including, but not 
        limited to--
                    ``(A) the prevention of fraud (including fraud in 
                protecting an employee's right to employment benefits);
                    ``(B) the facilitation of credit checks or the 
                facilitation of background checks of employees, 
                prospective employees, or volunteers;
                    ``(C) the retrieval of other information from other 
                businesses, commercial enterprises, government 
                entities, or private nonprofit organizations; or
                    ``(D) when the transmission of the number is 
                incidental to, and in the course of, the sale, lease, 
                franchising, or merger of all, or a portion of, a 
                business;
            ``(6) if the transfer of such a number is part of a data 
        matching program involving a Federal, State, or local agency; 
        or
            ``(7) if such number is required to be submitted as part of 
        the process for applying for any type of Federal, State, or 
        local government benefit or program;
except that, nothing in this subsection shall be construed as 
permitting a professional or commercial user to display or sell a 
Social Security number to the general public.
    ``(f) Limitation.--Nothing in this section shall prohibit or limit 
the display, sale, or purchase of Social Security numbers as permitted 
under title V of the Gramm-Leach-Bliley Act, or for the purpose of 
affiliate sharing as permitted under the Fair Credit Reporting Act, 
except that no entity regulated under such Acts may make Social 
Security numbers available to the general public, as may be determined 
by the appropriate regulators under such Acts. For purposes of this 
subsection, the general public shall not include affiliates or 
unaffiliated third-party business entities as may be defined by the 
appropriate regulators.''.
            (2) Conforming amendment.--The chapter analysis for chapter 
        47 of title 18, United States Code, is amended by inserting 
        after the item relating to section 1028 the following:

``1028B. Prohibition of the display, sale, or purchase of Social 
                            Security numbers.''.
    (b) Study; Report.--
            (1) In general.--The Attorney General shall conduct a study 
        and prepare a report on all of the uses of Social Security 
        numbers permitted, required, authorized, or excepted under any 
        Federal law. The report shall include a detailed description of 
        the uses allowed as of the date of enactment of this Act, the 
        impact of such uses on privacy and data security, and shall 
        evaluate whether such uses should be continued or discontinued 
        by appropriate legislative action.
            (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Attorney General shall report to 
        Congress findings under this subsection. The report shall 
        include such recommendations for legislation based on criteria 
        the Attorney General determines to be appropriate.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date that is 30 days after the date on which the final 
regulations promulgated under section 5 are published in the Federal 
Register.

SEC. 6. CRIMINAL PENALTIES FOR THE MISUSE OF A SOCIAL SECURITY NUMBER.

    (a) Prohibition of Wrongful Use as Personal Identification 
Number.--No person may obtain any individual's Social Security number 
for purposes of locating or identifying an individual with the intent 
to physically injure, harm, or use the identity of the individual for 
any illegal purpose.
    (b) Criminal Sanctions.--Section 208(a) of the Social Security Act 
(42 U.S.C. 408(a)) is amended--
            (1) in paragraph (8), by inserting ``or'' after the 
        semicolon; and
            (2) by inserting after paragraph (8) the following:
            ``(9) except as provided in subsections (e) and (f) of 
        section 1028B of title 18, United States Code, knowingly and 
        willfully displays, sells, or purchases (as those terms are 
        defined in section 1028B(a) of title 18, United States Code) 
        any individual's Social Security account number without having 
        met the prerequisites for consent under section 1028B(d) of 
        title 18, United States Code;
            ``(10) obtains any individual's Social Security number for 
        the purpose of locating or identifying the individual with the 
        intent to injure or to harm that individual, or to use the 
        identity of that individual for an illegal purpose; or
            ``(11) conspires to commit any offense described in any of 
        paragraphs (1) through (4).''.

SEC. 7. PROHIBITION RELATING TO REFERENCES TO SOCIAL SECURITY AND 
              MEDICARE IN ELECTRONIC COMMUNICATIONS.

    Section 1140(a)(1) of the Social Security Act (42 U.S.C. 1320b-
10(a)(1)) is amended by inserting ``(including any electronic 
communication)'' after ``or other communication''.

SEC. 8. CIVIL ACTIONS AND CIVIL PENALTIES.

    (a) Civil Action in State Courts.--
            (1) In general.--Any individual aggrieved by an act of any 
        person in violation of this Act or any amendments made by this 
        Act may, if otherwise permitted by the laws or rules of the 
        court of a State, bring in an appropriate court of that State--
                    (A) an action to enjoin such violation;
                    (B) an action to recover for actual monetary loss 
                from such a violation, or to receive up to $500 in 
                damages for each such violation, whichever is greater; 
                or
                    (C) both such actions.
        It shall be an affirmative defense in any action brought under 
        this paragraph that the defendant has established and 
        implemented, with due care, reasonable practices and procedures 
        to effectively prevent violations of the regulations prescribed 
        under this Act. If the court finds that the defendant willfully 
        or knowingly violated the regulations prescribed under this 
        subsection, the court may, in its discretion, increase the 
        amount of the award to an amount equal to not more than 3 times 
        the amount available under subparagraph (B).
            (2) Statute of limitations.--An action may be commenced 
        under this subsection not later than the earlier of--
                    (A) 5 years after the date on which the alleged 
                violation occurred; or
                    (B) 3 years after the date on which the alleged 
                violation was or should have been reasonably discovered 
                by the aggrieved individual.
            (3) Nonexclusive remedy.--The remedy provided under this 
        subsection shall be in addition to any other remedies available 
        to the individual.
    (b) Civil Penalties.--
            (1) In general.--Any person who the Attorney General 
        determines has violated any section of this Act or of any 
        amendments made by this Act shall be subject, in addition to 
        any other penalties that may be prescribed by law--
                    (A) to a civil penalty of not more than $5,000 for 
                each such violation; and
                    (B) to a civil penalty of not more than $50,000, if 
                the violations have occurred with such frequency as to 
                constitute a general business practice.
            (2) Determination of violations.--Any willful violation 
        committed contemporaneously with respect to the Social Security 
        numbers of 2 or more individuals by means of mail, 
        telecommunication, or otherwise, shall be treated as a separate 
        violation with respect to each such individual.
            (3) Enforcement procedures.--The provisions of section 
        1128A of the Social Security Act (42 U.S.C. 1320a-7a), other 
        than subsections (a), (b), (f), (h), (i), (j), (m), and (n) and 
        the first sentence of subsection (c) of such section, and the 
        provisions of subsections (d) and (e) of section 205 of such 
        Act (42 U.S.C. 405) shall apply to a civil penalty action under 
        this subsection in the same manner as such provisions apply to 
        a penalty or proceeding under section 1128A(a) of such Act (42 
        U.S.C. 1320a-7a(a)), except that, for purposes of this 
        paragraph, any reference in section 1128A of such Act (42 
        U.S.C. 1320a-7a) to the Secretary shall be deemed to be a 
        reference to the Attorney General.
                                 <all>