Improving Access to Social Security Services Act - Amends title VII (Administration) of the Social Security Act (SSA) to prohibit the Commissioner of Social Security from imposing any reduction in public access on a Social Security Administration field or hearing office without a public comment period meeting specified deadlines, including at least one public hearing.
Requires each field office to provide services necessary for: (1) Social Security number printout services until August 1, 2015, and (2) benefit verification letter services until October 1, 2015.
Directs the Commissioner to conduct an outreach campaign to notify Social Security beneficiaries and other interested parties of plans to phase out such services and their online availability.
Requires each office that ceases to offer, or reduces the availability of, such services to give notice to key local organizations whose members or patrons may be affected by such cessation or reduction.
Requires the Commissioner to establish a system providing live-chat assistance for online users of the Administration website.
Directs the Commissioner to establish: (1) a process whereby an eligible individual may apply for a reduction or waiver of Administration service fees, and (2) 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.
Prohibits any person from displaying another individual's Social Security number to the general public without the individual's affirmatively expressed consent, or selling or purchasing that number without such consent.
Directs the Attorney General to study all uses of Social Security numbers permitted, required, authorized, or excepted under any federal law.
Prohibits any person from obtaining an individual's Social Security number for purposes of locating or identifying the individual with the intent to physically injure, harm, or use the identity of the individual for any illegal purpose.
Amends SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) to prescribe criminal sanctions for the knowing and willful display, sale, or purchase of a Social Security number without meeting the prerequisites for consent.
Extends to any electronic communication the prohibitions, subject to criminal penalties, relating to references to Social Security or Medicare.
Authorizes a private cause of action in state court for injunctive relief or up to $500 in actual damages by any individual aggrieved by a violation of this Act or any of its amendments.
Subjects any person the Attorney General determines has violated any provisions of this Act to a civil penalty of up to: (1) $5,000 for each violation, and (2) $50,000 if the violation has occurred with such frequency as to constitute a general business practice.
[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>
Introduced in Senate
Read twice and referred to the Committee on Finance.
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