,,ii #aacth ,,congress #b;d ,session ,s4 #bgdb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ca1 #bjad ,mr4 ,schumer 7for himself1 ,mr4 ,nelson1 and ,mr4 ,begich7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to provide for public notice and input prior to the closure1 consolidation1 or public access limitation of field or hearing offices of the ,social ,security ,administration1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,improving ,access to ,social ,security ,services ,act4 #b4 ,reductions in public access to ,social ,security ,administration field or hearing offices 7a7 ,in general ,section #gjd of the ,social ,security ,act 7#db ,u4,s4,c4 #ijd7 is amended by adding at the end the following new subsection3 7f7 ,ensuring ,public ,access to ,field and ,hearing ,offices 7#a7 ,the ,commissioner may not impose any reduction in public access on an office unless the requirements under paragraphs 7#b7 through 7#e7 have been satisfied in connection with such reduction4 7#b7 ,not later than #ahj days before the date that the proposed reduction in access to an office would take effect1 the ,commissioner shall provide effective public notice regarding the proposed reduction1 which-- 7,a7 may include1 to the extent feasible1 providing notice to-- 7i7 all individuals residing in areas serviced by such office by direct mailing1 the dissemination of print or electronic notices1 or publication in community outlets such as newspapers and posting in heavily trafficked public spaces2 and 7ii7 representatives of institutions in areas serviced by such office that may be affected by the proposed reduction1 including schools1 hospitals1 nursing homes1 elder rights advocacy groups1 community-based organizations that represent ,social ,security beneficiaries1 and any organization that represents employees of the ,administration by direct mailing1 electronic mail1 or telephone2 and 7,b7 shall include-- 7i7 direct1 written notification of the elected officials of individuals residing in areas serviced by such office1 which shall include each ,member of the ,congress representing a ,state or congressional district in which such office is located and may include the mayor1 city council1 or other local government officials representing the areas serviced by such office2 7ii7 on the website of the ,social ,security ,administration1 a description of the proposed reduction and the most recent information used by the ,commissioner in evaluating the office for closure1 including the most recent ,service ,area ,review of such office2 7iii7 relevant information regarding the areas serviced by such office1 including-- 7,i7 the percentage of individuals in such areas with access to broadband internet service2 7,,ii7 the availability of public and private transportation from such office to the other offices nearest to such areas to individuals residing in such areas1 and the extent to which such other offices are accessible by public or private transportation2 7,,iii7 the percentage of individuals in such areas that lack facility with the ,english language2 7,,iv7 the percentage of individuals in such area with annual incomes that do not exceed the ,federal poverty threshold applicable to the family size involved 7as determined by the ,bureau of the ,census72 and 7,v7 any other relevant factors that may limit public access to the other offices nearest to such areas2 7iv7 a description of the effect that the reduction in public access will have on areas serviced by such office1 including-- 7,i7 the number of ,social ,security beneficiaries that such office services2 7,,ii7 the projected population of individuals residing in such areas 7including any congressional district serviced by such office7 who1 during the #e-year1 #aj-year1 and #ae-year periods subsequent to the reduction in public access1 will have attained early retirement age2 7,,iii7 the number of ,administration employees who work in such areas and any congressional district serviced by such office2 7,,iv7 the number of cases pending1 the average number of daily visitors in the previous year at such office1 and the average wait time for service in the previous year at such office2 7,v7 the number of miles between such office and the other offices nearest to such areas2 7,,vi7 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 access2 and 7,,vii7 the level of public access available at the other offices nearest to such areas1 including potential obstacles faced by elderly and disabled citizens2 7v7 the projected savings to the ,administration resulting from the reduction in public access for the #aj-year period subsequent to such reduction2 7vi7 the estimated cost of co-locating such office with another ,federal agency as an alternative to the proposed reduction in public access2 7vii7 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 office2 7viii7 relevant information regarding the criteria and reasons for imposing a reduction in public access on an office2 and 7ix7 the date1 time1 and location of the public hearing described in paragraph 7#d74 7#c7 ,not later than #cj days after the issuance of the public notice described in paragraph 7#b71 the ,commissioner shall provide for a public comment period of not less than #fj days4 7#d7 ,not earlier than #cj days after the issuance of the public notice described in paragraph 7#b7 and not later than #hj days before the date that the proposed reduction in access to an office would take effect1 the ,commissioner shall conduct not less than #a 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 reduction4 7#e7 ,not later than #cj days after the conclusion of the public comment period described in paragraph 7#c7 or the date of the public hearing described in paragraph 7#d71 whichever is later1 the ,commissioner shall submit to the ,committee on ,ways and ,means of the ,house of ,representatives1 the ,committee on ,finance of the ,senate1 and each ,member of the ,congress representing a ,state or congressional district in which the office is located a detailed final report1 which shall be made available to the public1 regarding the reduction in public access1 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 hearing4 7#f7 ,in this subsection3 7,a7 ,the term reduction in public access means any closure of an office1 consolidation of #b or more offices1 or reduction in the number of hours in which an office is open to the public by #h or more hours per week1 except that such term shall not include a temporary closure or reduction that is the result of the need to make necessary repairs1 a natural disaster1 or other emergency necessitating a reduction or closure4 7,b7 ,the term office means any field or hearing office of the ,administration4 4 7b7 ,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 ,act4 #c4 ,improving ,social ,security ,administration services 7a7 ,in general ,each field office of the ,social ,security ,administration 7referred to in this section as an office7 shall be required to provide services necessary for-- 7#a7 until ,august #a1 #bjae1 ,social ,security number printout services2 and 7#b7 until ,october #a1 #bjae1 benefit verification letter services4 7b7 ,outreach 7#a7 ,national campaign ,the ,commissioner of ,social ,security 7referred to in this ,act as the ,commissioner7 shall conduct an outreach campaign to notify ,social ,security beneficiaries and other interested parties 7including ,state departments of motor vehicles1 the ,internal ,revenue ,service1 ,state and ,federal housing assistance agencies1 and other ,state and ,federal agencies that provide need-based assistance7 of-- 7,a7 plans to phase out-- 7i7 ,social ,security number printout services2 or 7ii7 benefit verification letter services at offices2 and 7,b7 the online availability of the services described in subparagraph 7,a74 7#b7 ,local outreach ,each office that ceases to offer1 or reduces the availability of1 the services described in paragraph 7#a77;,a7 shall provide notice to key local organizations whose members or patrons may be affected by such cessation or reduction1 including-- 7,a7 employee placement organizations2 7,b7 housing assistance organizations2 7,c7 organizations that assist with the administration of need-based government benefits2 7,d7 income tax preparers2 and 7,e7 banks and other financial institutions4 7c7 ,live-,chat assistance 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,commissioner shall establish a system providing live-chat assistance for online users of the website of the ,social ,security ,administration4 7#b7 ,implementation report ,not later than #i months after the date of the enactment of this ,act1 the ,commissioner shall submit a report to the ,inspector ,general of the ,department of ,health and ,human ,services that describes-- 7,a7 the ,commissioner's progress in implementing the live-chat assistance system described in paragraph 7#a72 and 7,b7 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 advisable4 7d7 ,waiver of fees for services 7#a7 ,in general ,section #bje of the ,social ,security ,act 7#db ,u4,s4,c4 #dje7 is amended by adding at the end the following new subsection3 7v7 ,waiver of fees for services 7#a7 ,in any case where the ,social ,security ,administration 7referred to in this subsection as the ,administration7 charges a fee for a service offered by the ,administration1 either online or at a field office of the ,administration1 the ,commissioner of ,social ,security shall establish a process whereby an eligible individual 7as defined in paragraph 7#b77 may apply for a reduction or waiver of such fee4 7#b7 ,for purposes of paragraph 7#a71 an eligible individual is an individual whose annual income does not exceed the ,federal poverty threshold applicable to the family size involved 7as determined by the ,bureau of the ,census74 7#c7 ,the ,commissioner of ,social ,security shall provide timely notice to an individual who makes an application under paragraph 7#a7 of the approval or denial of such application4 4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall take effect #ahj days after the date of the enactment of this ,act4 7e7 ,report ,not later than #f months after the date of the enactment of this ,act1 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 delivery1 including-- 7#a7 the ,social ,security ,administration's strategy for providing face-to-face services to a growing population of elderly individuals2 and 7#b7 recommendations for reforming the process by which offices are selected for closure4 #d4 ,improving communication to prevent and resolve instances of identity theft 7a7 ,notification system ,not later than #ahj days after the date of the enactment of this section1 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 and1 taking due precautions to ensure security1 electronic mail4 7b7 ,single point of contact ,not later than #ahj days after the date of the enactment of this section1 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 case4 ,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 possible4 #e4 ,prohibition of the display1 sale1 or purchase of ,social ,security numbers 7a7 ,prohibition 7#a7 ,in general ,chapter #dg of title #ah1 ,united ,states ,code1 is amended by inserting after section #ajbh;,a the following3 #ajbh;,b4 ,prohibition of the display1 sale1 or purchase of ,social ,security numbers 7a7 ,definitions ,in this section3 7#a7 ,display ,the term display means to intentionally communicate or otherwise make available 7on the ,internet or in any other manner7 to the general public an individual's ,social ,security number4 7#b7 ,person ,the term person means any individual1 partnership1 corporation1 trust1 estate1 cooperative1 association1 or any other entity4 7#c7 ,purchase ,the term purchase means providing directly or indirectly1 anything of value in exchange for a ,social ,security number4 7#d7 ,sale ,the term sale means obtaining1 directly or indirectly1 anything of value in exchange for a ,social ,security number4 7#e7 ,state ,the term ,state means any ,state of the ,united ,states1 the ,district of ,columbia1 ,puerto ,rico1 the ,northern ,mariana ,islands1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and any territory or possession of the ,united ,states4 7b7 ,limitation on display ,no person may display any individual's ,social ,security number to the general public without the affirmatively expressed consent of the individual4 7c7 ,limitation on sale or purchase ,except as otherwise provided in this section1 no person may sell or purchase any individual's ,social ,security number without the affirmatively expressed consent of the individual4 7d7 ,prerequisites for consent ,in order for consent to exist under subsection 7b7 or 7c71 the person displaying or seeking to display1 selling or attempting to sell1 or purchasing or attempting to purchase1 an individual's ,social ,security number shall-- 7#a7 inform the individual of the general purpose for which the number will be used1 the types of persons to whom the number may be available1 and the scope of transactions permitted by the consent2 and 7#b7 obtain the affirmatively expressed consent 7electronically or in writing7 of the individual4 7e7 ,exceptions ,nothing in this section shall be construed to prohibit or limit the display1 sale1 or purchase of a ,social ,security number-- 7#a7 required1 authorized1 or excepted under any ,federal law2 7#b7 for a public health purpose1 including the protection of the health or safety of an individual in an emergency situation2 7#c7 for a national security purpose2 7#d7 for a law enforcement purpose1 including the investigation of fraud and the enforcement of a child support obligation2 7#e7 if the display1 sale1 or purchase of the number is for a use occurring as a result of an interaction between businesses1 governments1 or business and government 7regardless of which entity initiates the interaction71 including1 but not limited to-- 7,a7 the prevention of fraud 7including fraud in protecting an employee's right to employment benefits72 7,b7 the facilitation of credit checks or the facilitation of background checks of employees1 prospective employees1 or volunteers2 7,c7 the retrieval of other information from other businesses1 commercial enterprises1 government entities1 or private nonprofit organizations2 or 7,d7 when the transmission of the number is incidental to1 and in the course of1 the sale1 lease1 franchising1 or merger of all1 or a portion of1 a business2 7#f7 if the transfer of such a number is part of a data matching program involving a ,federal1 ,state1 or local agency2 or 7#g7 if such number is required to be submitted as part of the process for applying for any type of ,federal1 ,state1 or local government benefit or program2 except that1 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 public4 7f7 ,limitation ,nothing in this section shall prohibit or limit the display1 sale1 or purchase of ,social ,security numbers as permitted under title ,v of the ,gramm-,leach-,bliley ,act1 or for the purpose of affiliate sharing as permitted under the ,fair ,credit ,reporting ,act1 except that no entity regulated under such ,acts may make ,social ,security numbers available to the general public1 as may be determined by the appropriate regulators under such ,acts4 ,for purposes of this subsection1 the general public shall not include affiliates or unaffiliated third-party business entities as may be defined by the appropriate regulators4 4 7#b7 ,conforming amendment ,the chapter analysis for chapter #dg of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #ajbh the following3 #ajbh;,b4 ,prohibition of the display1 sale1 or purchase of ,social ,security numbers4 4 7b7 ,study2 report 7#a7 ,in general ,the ,attorney ,general shall conduct a study and prepare a report on all of the uses of ,social ,security numbers permitted1 required1 authorized1 or excepted under any ,federal law4 ,the report shall include a detailed description of the uses allowed as of the date of enactment of this ,act1 the impact of such uses on privacy and data security1 and shall evaluate whether such uses should be continued or discontinued by appropriate legislative action4 7#b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,attorney ,general shall report to ,congress findings under this subsection4 ,the report shall include such recommendations for legislation based on criteria the ,attorney ,general determines to be appropriate4 7c7 ,effective date ,the amendments made by this section shall take effect on the date that is #cj days after the date on which the final regulations promulgated under section #e are published in the ,federal ,register4 #f4 ,criminal penalties for the misuse of a ,social ,security number 7a7 ,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 injure1 harm1 or use the identity of the individual for any illegal purpose4 7b7 ,criminal sanctions ,section #bjh7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #djh7;a77 is amended-- 7#a7 in paragraph 7#h71 by inserting or after the semicolon2 and 7#b7 by inserting after paragraph 7#h7 the following3 7#i7 except as provided in subsections 7e7 and 7f7 of section #ajbh;,b of title #ah1 ,united ,states ,code1 knowingly and willfully displays1 sells1 or purchases 7as those terms are defined in section #ajbh;,b7a7 of title #ah1 ,united ,states ,code7 any individual's ,social ,security account number without having met the prerequisites for consent under section #ajbh;,b7d7 of title #ah1 ,united ,states ,code2 7#aj7 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 individual1 or to use the identity of that individual for an illegal purpose2 or 7#aa7 conspires to commit any offense described in any of paragraphs 7#a7 through 7#d74 4 #g4 ,prohibition relating to references to ,social ,security and ,medicare in electronic communications ,section #aadj7;a77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#aj7;a77#a77 is amended by inserting 7including any electronic communication7 after or other communication4 #h4 ,civil actions and civil penalties 7a7 ,civil action in ,state courts 7#a7 ,in general ,any individual aggrieved by an act of any person in violation of this ,act or any amendments made by this ,act may1 if otherwise permitted by the laws or rules of the court of a ,state1 bring in an appropriate court of that ,state-- 7,a7 an action to enjoin such violation2 7,b7 an action to recover for actual monetary loss from such a violation1 or to receive up to #ejj in damages for each such violation1 whichever is greater2 or 7,c7 both such actions4 ,it shall be an affirmative defense in any action brought under this paragraph that the defendant has established and implemented1 with due care1 reasonable practices and procedures to effectively prevent violations of the regulations prescribed under this ,act4 ,if the court finds that the defendant willfully or knowingly violated the regulations prescribed under this subsection1 the court may1 in its discretion1 increase the amount of the award to an amount equal to not more than #c times the amount available under subparagraph 7,b74 7#b7 ,statute of limitations ,an action may be commenced under this subsection not later than the earlier of-- 7,a7 #e years after the date on which the alleged violation occurred2 or 7,b7 #c years after the date on which the alleged violation was or should have been reasonably discovered by the aggrieved individual4 7#c7 ,nonexclusive remedy ,the remedy provided under this subsection shall be in addition to any other remedies available to the individual4 7b7 ,civil penalties 7#a7 ,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 subject1 in addition to any other penalties that may be prescribed by law-- 7,a7 to a civil penalty of not more than #e1jjj for each such violation2 and 7,b7 to a civil penalty of not more than #ej1jjj1 if the violations have occurred with such frequency as to constitute a general business practice4 7#b7 ,determination of violations ,any willful violation committed contemporaneously with respect to the ,social ,security numbers of #b or more individuals by means of mail1 telecommunication1 or otherwise1 shall be treated as a separate violation with respect to each such individual4 7#c7 ,enforcement procedures ,the provisions of section #aabh;,a of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;a-#g;a71 other than subsections 7a71 7b71 7f71 7h71 7i71 7j71 7m71 and 7n7 and the first sentence of subsection 7c7 of such section1 and the provisions of subsections 7d7 and 7e7 of section #bje of such ,act 7#db ,u4,s4,c4 #dje7 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 #aabh;,a7a7 of such ,act 7#db ,u4,s4,c4 #acbj;a-#g;a7a771 except that1 for purposes of this paragraph1 any reference in section #aabh;,a of such ,act 7#db ,u4,s4,c4 #acbj;a-#g;a7 to the ,secretary shall be deemed to be a reference to the ,attorney ,general4