[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5431 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 5431

To amend title VII of the Social Security Act to require the President 
  to transmit the annual budget of the Social Security Administration 
         without revisions to Congress, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 5, 2018

   Mr. Higgins of New York introduced the following bill; which was 
              referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
To amend title VII of the Social Security Act to require the President 
  to transmit the annual budget of the Social Security Administration 
         without revisions to Congress, 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 ``Social Security Administration 
Accountability Act of 2018''.

SEC. 2. AMENDING SOCIAL SECURITY ADMINISTRATION BUDGETARY MATTERS.

    (a) Annual Budget.--Section 704(b)(1)(A) of the Social Security Act 
(42 U.S.C. 904(b)(1)(A)) is amended to read as follows:
    ``(b)(1)(A) The Commissioner shall prepare and submit an annual 
budget estimate for the Administration directly to the President and 
Congress.''.
    (b) Contents of Budget.--Section 704(b)(1)(B) of such Act (42 
U.S.C. 904(b)(1)(B)) is amended to read as follows:
    ``(B) The Commissioner shall include in the annual budget prepared 
pursuant to subparagraph (A) the following:
            ``(i) The total number of cases pending at each hearing 
        office, listed by hearing office, and an aggregate total of all 
        cases pending at all hearing offices.
            ``(ii) The total number of cases pending for over the 
        preceding year at each hearing office, listed by both hearing 
        office and presiding administrative law judge, and an aggregate 
        total of all cases pending for over such year at all hearing 
        offices.
            ``(iii) The average duration of time to process each case 
        at each hearing office, listed by hearing office.
            ``(iv) The staffing levels at each hearing office and field 
        office, including a listing of job titles, classifications, and 
        the number of staff within each title and classification.''.
    (c) Comprehensive Work Force Plan.--Section 704(b)(2)(A) of such 
Act (42 U.S.C. 904(b)(2)(A)) is amended by striking ``the 
Commissioner'' and inserting the following: ``the Commissioner, in 
consultation with relevant stakeholders including employee 
organizations representing employees of the Social Security 
Administration. Not later than 90 days before a revision of the 
comprehensive work force plan, the Commissioner shall submit the 
document setting forth the revision to the Committee on Ways and Means 
of the House of Representatives and the Committee on Finance of the 
Senate.''.

SEC. 3. CLOSURE OF FIELD OR HEARING OFFICES.

    (a) Moratorium on Closure or Consolidation of Field or Hearing 
Offices or New Limitations on Access to Such Offices.--
            (1) In general.--Except as provided in paragraph (2), the 
        Commissioner of Social Security shall take no action on or 
        after the date of the enactment of this Act to close or 
        consolidate field or hearing offices of the Social Security 
        Administration or to otherwise impose any new limitation on 
        access to such offices.
            (2) Cessation of moratorium upon report to congress.--
        Paragraph (1) shall cease to be effective 180 days after the 
        Commissioner submits to the Committee on Ways and Means of the 
        House of Representatives and the Committee on Finance of the 
        Senate a detailed report outlining and justifying the process 
        for selecting field or hearing offices to be closed or 
        consolidated or otherwise to have limited access. Such report 
        shall include--
                    (A) an analysis of the criteria used for selecting 
                field or hearing offices for closure, consolidation, or 
                limited access;
                    (B) a description of how the Commissioner has 
                analyzed and considered relevant factors, including but 
                not limited to transportation and communication burdens 
                faced by individuals serviced by the offices, including 
                elderly and disabled citizens; and
                    (C) a description of any method of cost-benefit 
                analysis applied by the Commissioner in connection with 
                closures and consolidations of field or hearing 
                offices, and other limitations on access to field or 
                hearing offices, including any analysis that takes into 
                account--
                            (i) the anticipated savings resulting from 
                        the closure, consolidation, or limitation on 
                        access;
                            (ii) the anticipated costs associated with 
                        replacing services lost by the closure, 
                        consolidation, or limitation on access;
                            (iii) the anticipated effects on employees 
                        of the offices affected; and
                            (iv) such other relevant factors as may be 
                        determined by the Commissioner, including but 
                        not limited to transportation and communication 
                        burdens faced by individuals serviced by the 
                        offices, including elderly and disabled 
                        citizens.
    (b) Requirements for Future Closures, Consolidations, and New 
Limitations on Access.--
            (1) 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:

                      ``Field and Hearing Offices

    ``(f)(1) The Commissioner may not close a field or hearing office 
of the Administration, consolidate two or more such offices, or 
otherwise impose any new limitation on public access to any such 
office, unless the Commissioner complies with the requirements of 
paragraphs (2), (3), and (4) in connection with the closure, 
consolidation, or limitation on public access.
    ``(2)(A) The requirements of this paragraph are met in connection 
with a closure, consolidation, or new limitation on access referred to 
in paragraph (1) only if--
            ``(i) not later than 120 days before the date of the 
        closure, consolidation, or limitation on access, the 
        Commissioner provides effective public notice of the proposed 
        closure, consolidation, or limitation on access (including, to 
        the extent practicable, notice by direct mailing and through 
        community outlets such as newspapers and posting in heavily 
        frequented public spaces) to individuals residing in the area 
        serviced by the affected office or offices; and
            ``(ii) not earlier than 30 days after the issuance of 
        public notice pursuant to clause (i) and not later than 45 days 
        before the date of the proposed closure, consolidation, or 
        limitation on access, the Commissioner conducts at least 2 
        public hearings (scheduled so that the first and last such 
        hearings are separated by at least 10 days), at which the 
        Commissioner presents the justifications for the closure, 
        consolidation, or limitation on access described in 
        subparagraph (B) and provides for attendees an opportunity to 
        present their views regarding the proposed closure, 
        consolidation, or limitation on access.
    ``(B) The justifications referred to in subparagraph (A)(ii) shall 
consist of the following:
            ``(i) an analysis of the criteria used for selecting the 
        field or hearing office or offices for closure, consolidation, 
        or limited access;
            ``(ii) a description of how the Commissioner has analyzed 
        and considered relevant factors, including but not limited to 
        transportation and communication burdens faced by individuals 
        serviced by the offices, including elderly and disabled 
        citizens; and
            ``(iii) a description of a method of cost-benefit analysis 
        which shall be applied by the Commissioner in connection with 
        the closure, consolidation, or limitation on access, and which 
        shall take into account--
                    ``(I) the anticipated savings resulting from the 
                closure, consolidation, or limitation on access;
                    ``(II) the anticipated costs associated with 
                replacing services lost by the closure, consolidation, 
                or limitation on access;
                    ``(III) the anticipated effects on employees of the 
                offices affected; and
                    ``(IV) such other relevant factors as may be 
                determined by the Commissioner, including but not 
                limited to transportation and communication burdens 
                faced by individuals serviced by the offices, including 
                elderly and disabled citizens.
    ``(C) The notice provided pursuant to subparagraph (A)(i) shall 
include notice of the time and place of the public hearings to be 
conducted pursuant to clause (A)(ii) and of the right of aggrieved 
individuals to appeal to the Commissioner regarding the proposed 
closure, consolidation, or limitation on access pursuant to paragraph 
(4).
    ``(3) The requirements of this paragraph are met in connection with 
a closure, consolidation, or limitation on access referred to in 
paragraph (1) only if, not later than 30 days before the date of the 
proposed closure, consolidation, or limitation on access, the 
Commissioner submits 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 affected office or offices are located a detailed final 
report in support of the closure, consolidation, or limitation on 
access. Such report shall include--
            ``(A) the justifications described in paragraph (2)(B), 
        (including any amendments made to such justifications after the 
        public hearings conducted pursuant to paragraph (2)(A));
            ``(B) any findings made by the Commissioner pursuant to the 
        public hearings;
            ``(C) the status of any appeals regarding the closure, 
        consolidation, or new limitation on access which were commenced 
        pursuant to paragraph (4) before the date of the report;
            ``(D) the final decision of the Commissioner regarding the 
        closure, consolidation, or new limitation on access; and
            ``(E) such other information as the Commissioner considers 
        relevant.
    ``(4)(A) Upon timely request by any individual who makes a showing 
in writing described in subparagraph (B) in connection with a proposed 
closure, consolidation, or limitation on access referred to in 
subparagraph (A), the Commissioner shall give such individual an 
opportunity for a hearing with respect to the closure, consolidation, 
or limitation on access. The request for the hearing shall be 
considered timely only if it is made not later than 30 days before the 
proposed date of the closure, consolidation, or limitation on access. 
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 affected office or offices are located the 
Commissioner's findings based on the hearing and a description of any 
action taken or to be taken by the Commissioner on the basis of such 
findings.
    ``(B) A showing described in subparagraph (A) shall consist of a 
showing that--
            ``(i) the determination of the Commissioner to close a 
        field or hearing office, consolidate field or hearing offices, 
        or impose a new limitation on access to a field or hearing 
        office is arbitrary, capricious, an abuse of discretion, not in 
        accordance with law, or not based on substantial evidence; or
            ``(ii) the Commissioner has failed to observe procedures 
        required by law in connection with the closure, consolidation, 
        or new limitation on access.''.
            (2) Effective date.--The amendment made by paragraph (1) of 
        this subsection shall apply with respect to closures and 
        consolidations of field or hearing offices and impositions of 
        new limitations on access to such offices occurring after the 
        cessation of the moratorium under subsection (a) of this 
        section.

SEC. 4. GAO STUDY ON DISABILITY HEARINGS.

    Not later than January 1, 2019, the Comptroller General of the 
United States shall submit to Congress a report that describes the 
average length of time after a request for review of an initial adverse 
determination with respect to an application for a disability insurance 
benefit under title II of the Social Security Act has been made until a 
final decision is issued with respect to such application.
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