S. 2742 — Introduced in Senate

II 113th CONGRESS 2d Session S. 2742 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. 1. Short title This Act may be cited as the Improving Access to Social Security Services Act. 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: (f) Ensuring Public Access to Field and Hearing Offices (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. 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: (v) Waiver of fees for services (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. 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. 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: 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. 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). . 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. 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.