,,ii #aaeth ,,congress #b;d ,session ,s4 #cadg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bg1 #bjah ,mr4 ,sanders 7for himself1 ,mrs4 ,gillibrand1 ,ms4 ,warren1 ,mr4 ,booker1 ,mr4 ,schatz1 ,mr4 ,merkley1 and ,mr4 ,whitehouse7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to amend title ,,ii of the ,social ,security ,act to permanently appropriate funding for the administrative expenses of the ,social ,security ,administration1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,social ,security ,administration ,fairness ,act4 #b4 ,funding for administrative expenses of the ,social ,security ,administration 7a7 ,in general ,section #bja7;g77#a77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dja7;g77#a77;,a77 is amended-- 7#a7 in the third sentence of the matter following clause 7ii71 by striking the costs of the part of the administration of this title1 title ,,viii1 title ,,xvi1 and title ,,xviii for which the ,commissioner of ,social ,security is responsible12 and 7#b7 by adding at the end the following3 ,for each fiscal year beginning with fiscal year #bjai1 there is hereby appropriated to pay the costs of the part of the administration of this title1 title ,,viii1 and title ,,xvi for which the ,commissioner of ,social ,security is responsible an amount equal to #a4e percent of the sum of the amount of benefit payments required to be made under this title for the fiscal year involved and the amount of benefit payments expected to be paid under titles ,,viii and ,,xvi for the fiscal year involved1 as estimated by the ,commissioner of ,social ,security4 ,for purposes of the preceding sentence1 7,i7 the portion of the amount to be appropriated for a fiscal year that is attributable to benefit payments required to be made under this title shall be appropriated from the ,federal ,old-,age and ,survivors ,insurance ,trust ,fund and the ,federal ,disability ,insurance ,trust ,fund in a manner that ensures that the amount appropriated from each ,trust ,fund for the year bears the same proportion to the amount appropriated from both ,trust ,funds for the year as the amount of benefit payments required to be made from such ,trust ,fund for the year bears to the amount of benefit payments required to be made from both ,trust ,funds for the year1 and 7,,ii7 the portion of the amount to be appropriated for a fiscal year that is attributable to benefit payments expected to be made under titles ,,viii and ,,xvi shall be appropriated from the general fund of the ,treasury4 ,for each fiscal year beginning with fiscal year #bjai1 there is hereby appropriated from the ,federal ,hospital ,insurance ,trust ,fund and the ,federal ,supplementary ,medical ,insurance ,trust ,fund1 in such proportion as the ,commissioner of ,social ,security shall determine1 such sums as are necessary to pay the costs of the part of the administration of title ,,xviii for which the ,commissioner is responsible44 7b7 ,removing the limitation on the administrative expenses of the ,social ,security ,administration from discretionary budget caps1 the ,congressional ,budget ,resolution1 the #cjb7;a7 allocations and the #cjb7;b7 suballocations 7#a7 ,exclusion of the administrative costs of ,social ,security1 ,,ssi1 and ,medicare from all budgets ,section #accja7;a7 of the ,budget ,enforcement ,act of #aiij 7#b ,u4,s4,c4 #fcb note7 is amended to read as follows3 7a7 ,exclusion of the administrative costs of ,social ,security1 ,,ssi1 and ,medicare from all budgets 7#a7 ,in general ,notwithstanding any other provision of law1 the receipts and disbursements described in paragraph 7#b7 shall not be counted as new budget authority1 outlays1 receipts1 or deficit or surplus for purposes of-- 7,a7 the budget of the ,united ,states ,government as submitted by the ,president under section #aaje of title #ca1 ,united ,states ,code2 7,b7 a concurrent resolution on the budget2 7,c7 the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ijj et seq472 or 7,d7 the ,statutory ,pay-,as-,you-,go ,act of #bjaj 7#b ,u4,s4,c4 #ica et seq474 7#b7 ,receipts and disbursements covered ,the receipts and disbursements described in this paragraph are-- 7,a7 the receipts and disbursements of the ,federal ,old-,age and ,survivors ,trust ,fund and the ,federal ,disability ,insurance ,trust ,fund1 including the costs of the part of the administration of title ,,ii of the ,social ,security ,act for which the ,commissioner of ,social ,security is responsible2 and 7,b7 the receipts and disbursements from the ,federal ,hospital ,insurance ,trust ,fund1 the ,federal ,supplementary ,insurance ,trust ,fund1 and amounts appropriated for the ,supplemental ,security ,income program for the costs of the part of the administration of titles ,,xvi and ,,xviii of the ,social ,security ,act for which the ,commissioner of ,social ,security is responsible4 4 7#b7 ,exclusion of the administrative costs of ,social ,security1 ,,ssi1 and ,medicare from the ,congressional ,budget ,resolution ,section #cja7;a7 of the ,congressional ,budget ,act of #aigd 7#b ,u4,s4,c4 #fcb7;a77 is amended by striking the matter following paragraph 7#g7 and inserting the following3 ,the concurrent resolution shall not include in the surplus or deficit totals required by this subsection or in any other surplus or deficit totals required by this title the outlays and revenue totals of the program under title ,,ii of the ,social ,security ,act1 or the related provisions of the ,internal ,revenue ,code of #aihf1 including the costs of the part of the administration of such title ,,ii for which the ,commissioner of ,social ,security is responsible or the costs of the part of the administration of titles ,,xvi and ,,xviii of the ,social ,security ,act for which the ,commissioner of ,social ,security is responsible4 4 7#c7 ,exclusion of the administrative costs of ,social ,security1 ,,ssi1 and ,medicare from ,congressional ,budget ,act #cjb7;a7 allocations ,section #cjb7;a77#a7 of the ,congressional ,budget ,act of #aigd 7#b ,u4,s4,c4 #fcc7;a77#a77 is amended by adding at the end the following3 ,the allocation under this paragraph shall not include the outlays of the program under title ,,ii of the ,social ,security ,act1 including the costs of the part of the administration of such title for which the ,commissioner of ,social ,security is responsible1 or the outlays for the costs of the part of the administration of titles ,,xvi and ,,xviii of the ,social ,security ,act for which the ,commissioner of ,social ,security is responsible44 7#d7 ,exclusion of the administrative costs of ,social ,security1 ,,ssi1 and ,medicare from the ,congressional ,budget ,act #cjb7;b7 suballocations ,section #cjb7;b7 of the ,congressional ,budget ,act of #aigd 7#b ,u4,s4,c4 #fcc7;b77 is amended by adding at the end the following3 ,the suballocation under this subsection shall not include the outlays of the program under title ,,ii of the ,social ,security ,act1 including the costs of the part of the administration of such title for which the ,commissioner of ,social ,security is responsible1 or the outlays for the costs of the part of the administration of titles ,,xvi and ,,xviii of the ,social ,security ,act for which the ,commissioner of ,social ,security is responsible44 7c7 ,effective date ,the amendments made by this section shall take effect on ,october #a1 #bjah4 #c4 ,eliminating the #e-month waiting period for disability benefits and for disabled surviving spouses 7a7 ,in general ,section #bbc7;a77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dbc7;a77#a77 is amended in the matter following subparagraph 7,e7-- 7#a7 by inserting for months beginning before the date of the enactment of the ,social ,security ,administration ,fairness ,act1 after 7i72 7#b7 by striking or 7ii7 and inserting 7ii71 for months beginning before the date of the enactment of the ,social ,security ,administration ,fairness ,act12 and 7#c7 by inserting or 7iii7 for months beginning on or after the date of the enactment of the ,social ,security ,administration ,fairness ,act1 for each month beginning with the first month during all of which the individual is under a disability and in which the individual becomes entitled to such insurance benefits1 before and ending4 7b7 ,disabled surviving spouses ,section #bjb of the ,social ,security ,act 7#db ,u4,s4,c4 #djb7 is amended-- 7#a7 in subsection 7e77#a77;,f7-- 7,a7 in clause 7i7-- 7i7 by inserting for months beginning before the date of the enactment of the ,social ,security ,administration ,fairness ,act1 before the first month2 and 7ii7 by striking 1 or and inserting a comma2 7,b7 in clause 7ii7-- 7i7 by inserting for months beginning before the date of the enactment of the ,social ,security ,administration ,fairness ,act1 before the first month2 and 7ii7 by striking terminated1 and inserting 1 or2 and 7,c7 by adding at the end the following new clause3 7iii7 for months beginning on or after the date of the enactment of the ,social ,security ,administration ,fairness ,act1 the first month during all of which she is under a disability and in which she becomes entitled to such insurance benefits1 2 and 7#b7 in subsection 7f77#a77;,f7-- 7,a7 in clause 7i7-- 7i7 by inserting for months beginning before the date of the enactment of the ,social ,security ,administration ,fairness ,act1 before the first month2 and 7ii7 by striking 1 or and inserting a comma2 7,b7 in clause 7ii7-- 7i7 by inserting for months beginning before the date of the enactment of the ,social ,security ,administration ,fairness ,act1 before the first month2 and 7ii7 by striking terminated1 and inserting 1 or2 and 7,c7 by adding at the end the following new clause3 7iii7 for months beginning on or after the date of the enactment of the ,social ,security ,administration ,fairness ,act1 the first month during all of which he is under a disability and in which he becomes entitled to such insurance benefits1 4 #d4 ,eliminating the #bd-month waiting period for ,medicare coverage for individuals with disabilities 7a7 ,in general ,section #bbf7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dbf7;b77 is amended-- 7#a7 in paragraph 7#b77;,a71 by striking 1 and has for #bd calendar months been entitled to12 7#b7 in paragraph 7#b77;,b71 by striking 1 and has been for not less than #bd months12 7#c7 in paragraph 7#b77;,c77ii71 by striking 1 including the requirement that he has been entitled to the specified benefits for #bd months12 7#d7 in the first sentence1 by striking for each month beginning with the later of 7,i7 ,july #aigc or 7,,ii7 the twenty-fifth month of his entitlement or status as a qualified railroad retirement beneficiary described in paragraph 7#b71 and and inserting for each month for which the individual meets the requirements of paragraph 7#b71 beginning with the month following the month in which the individual meets the requirements of such paragraph1 and2 and 7#e7 in the second sentence1 by striking the twenty-fifth month of his entitlement and all that follows through paragraph 7#b77;,c7 and4 7b7 ,conforming amendments 7#a7 ,section #bbf ,section #bbf of the ,social ,security ,act 7#db ,u4,s4,c4 #dbf7 is amended by-- 7,a7 striking subsections 7e77#a77;,b71 7f71 and 7h72 and 7,b7 redesignating subsections 7g7 and 7i7 as subsections 7f7 and 7g71 respectively4 7#b7 ,medicare description ,section #ahaa7b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;c7#b77 is amended by striking have been entitled for not less than #bd months and inserting are entitled4 7#c7 ,medicare coverage ,section #ahcg7;g77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciep7g77#a77 is amended by striking #beth month of and inserting month following the first month of4 7#d7 ,railroad retirement system ,section #g7;d77#b77;ii7 of the ,railroad ,retirement ,act of #aigd 7#de ,u4,s4,c4 #bca;f7d77#b77;ii77 is amended-- 7,a7 by striking has been entitled to an annuity and inserting is entitled to an annuity2 7,b7 by striking 1 for not less than #bd months2 and 7,c7 by striking could have been entitled for #bd calendar months1 and4 7c7 ,effective date ,the amendments made by this section shall apply to insurance benefits under title ,,xviii of the ,social ,security ,act with respect to items and services furnished on or after the date of the enactment of this ,act4 #e4 ,closure of field and hearing offices and resident or rural contact stations 7a7 ,moratorium on closure or consolidation of field or hearing offices or new limitations on access to such offices 7#a7 ,in general ,except as provided in paragraph 7#b71 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 offices4 7#b7 ,cessation of moratorium upon report to ,congress ,paragraph 7#a7 shall cease to be effective #ahj 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 access4 ,such report shall include-- 7,a7 an analysis of the criteria used for selecting field or hearing offices for closure1 consolidation1 or limited access2 7,b7 a description of how the ,commissioner has analyzed and considered relevant factors1 including but not limited to transportation and communication burdens faced by individuals serviced by the offices1 including elderly and disabled citizens2 and 7,c7 a description of any method of cost-benefit analysis applied by the ,commissioner in connection with closures and consolidations of field or hearing offices1 and other limitations on access to field or hearing offices1 including any analysis that takes into account-- 7i7 the anticipated savings resulting from the closure1 consolidation1 or limitation on access2 7ii7 the anticipated costs associated with replacing services lost by the closure1 consolidation1 or limitation on access2 7iii7 the anticipated effects on employees of the offices affected2 7iv7 how the loss of access resulting from the closure1 consolidation1 or limitation on access will be replaced by the establishment of a new field or hearing office1 increased access at a different office1 or some other means1 and the factors considered by the ,commissioner in determining how to replace such lost access2 and 7v7 such other relevant factors as may be determined by the ,commissioner1 including but not limited to transportation and communication burdens faced by individuals serviced by the offices1 including elderly and disabled citizens4 7b7 ,requirements for future closures1 consolidations1 and new limitations on access 7#a7 ,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 ,field and ,hearing ,offices 7#a7 ,the ,commissioner may not close a field or hearing office of the ,administration1 consolidate two or more such offices1 or otherwise impose any new limitation on public access to any such office1 unless the ,commissioner complies with the requirements of paragraphs 7#b71 7#c71 7#d71 and 7#e7 in connection with the closure1 consolidation1 or limitation on public access4 7#b7 7,a7 ,the requirements of this paragraph are met in connection with a closure1 consolidation1 or new limitation on access referred to in paragraph 7#a7 only if-- 7i7 not later than #abj days before the date of the closure1 consolidation1 or limitation on access1 the ,commissioner provides effective public notice of the proposed closure1 consolidation1 or limitation on access 7including1 to the extent practicable1 notice by direct mailing and through community outlets such as newspapers and posting in heavily frequented public spaces7 to individuals residing in the area serviced by the affected office or offices2 7ii7 the public notice issued pursuant to clause 7i7 includes information on-- 7,i7 how the ,commissioner will1 not later than #cj days after the date of the closure1 consolidation1 or limitation on access1 replace the loss in access resulting from the closure1 consolidation1 or limitation on access by establishing a new office1 increasing public access to a different office1 or some other means2 and 7,,ii7 how to contact the ,administration if an individual experiences service delays or problems as a result of the closure1 consolidation1 or limitation on access2 and 7iii7 not earlier than #cj days after the issuance of public notice pursuant to clause 7i7 and not later than #de days before the date of the proposed closure1 consolidation1 or limitation on access1 the ,commissioner conducts at least #b public hearings 7scheduled so that the first and last such hearings are separated by at least #aj days71 at which the ,commissioner presents the justifications for the closure1 consolidation1 or limitation on access described in subparagraph 7,b7 and provides for attendees an opportunity to present their views regarding the proposed closure1 consolidation1 or limitation on access4 7,b7 ,the justifications referred to in subparagraph 7,a77iii7 shall consist of the following3 7i7 an analysis of the criteria used for selecting the field or hearing office or offices for closure1 consolidation1 or limited access2 7ii7 a description of how the ,commissioner has analyzed and considered relevant factors1 including but not limited to transportation and communication burdens faced by individuals serviced by the offices1 including elderly and disabled citizens2 and 7iii7 a description of a method of cost-benefit analysis which shall be applied by the ,commissioner in connection with the closure1 consolidation1 or limitation on access1 and which shall take into account-- 7,i7 the anticipated savings resulting from the closure1 consolidation1 or limitation on access2 7,,ii7 the anticipated costs associated with replacing services lost by the closure1 consolidation1 or limitation on access2 7,,iii7 the anticipated effects on employees of the offices affected2 and 7,,iv7 such other relevant factors as may be determined by the ,commissioner1 including but not limited to transportation and communication burdens faced by individuals serviced by the offices1 including elderly and disabled citizens4 7,c7 ,the notice provided pursuant to subparagraph 7,a77i7 shall include notice of the time and place of the public hearings to be conducted pursuant to clause 7,a77iii7 and of the right of aggrieved individuals to appeal to the ,commissioner regarding the proposed closure1 consolidation1 or limitation on access pursuant to paragraph 7#d74 7#c7 ,the requirements of this paragraph are met in connection with a closure1 consolidation1 or limitation on access referred to in paragraph 7#a7 only if1 not later than #cj days before the date of the proposed closure1 consolidation1 or limitation on access1 the ,commissioner submits 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 affected office or offices are located a detailed final report in support of the closure1 consolidation1 or limitation on access4 ,such report shall include-- 7,a7 the justifications described in paragraph 7#b77;,b71 7including any amendments made to such justifications after the public hearings conducted pursuant to paragraph 7#b77;,a772 7,b7 any findings made by the ,commissioner pursuant to the public hearings2 7,c7 the status of any appeals regarding the closure1 consolidation1 or new limitation on access which were commenced pursuant to paragraph 7#d7 before the date of the report2 7,d7 the final decision of the ,commissioner regarding the closure1 consolidation1 or new limitation on access2 and 7,e7 such other information as the ,commissioner considers relevant4 7#d7 7,a7 ,upon timely request by any individual who makes a showing in writing described in subparagraph 7,b7 in connection with a proposed closure1 consolidation1 or limitation on access referred to in subparagraph 7,a71 the ,commissioner shall give such individual an opportunity for a hearing with respect to the closure1 consolidation1 or limitation on access4 ,the request for the hearing shall be considered timely only if it is made not later than #cj days before the proposed date of the closure1 consolidation1 or limitation on access4 ,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 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 findings4 7,b7 ,a showing described in subparagraph 7,a7 shall consist of a showing that-- 7i7 the determination of the ,commissioner to close a field or hearing office1 consolidate field or hearing offices1 or impose a new limitation on access to a field or hearing office is arbitrary1 capricious1 an abuse of discretion1 not in accordance with law1 or not based on substantial evidence2 or 7ii7 the ,commissioner has failed to observe procedures required by law in connection with the closure1 consolidation1 or new limitation on access4 7#e7 ,the requirement of this paragraph is met in connection with a closure1 consolidation1 or limitation on access referred to in paragraph 7#a7 only if such closure1 consolidation1 or limitation on access will not result in the total number of field or hearing offices of the ,administration falling below the total number of such offices that were in operation on ,september #cj1 #bjah4 4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 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 7a7 of this section4