I 116TH CONGRESS 1ST SESSION H. R. 3905 To amend title VII of the Social Security Act to require the President to transmit the annual budget of the Social Security Administration without revisions to Congress, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 23, 2019 Mr. HIGGINS of New York (for himself, Mr. GRIJALVA, Ms. MOORE, Mrs. DEMINGS, Ms. GARCIA of Texas, Mr. THOMPSON of Mississippi, Mr. COHEN, Ms. VELA´ZQUEZ, Ms. WILD, Mr. ESPAILLAT, Ms. NORTON, and Mr. ROSE of New York) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title VII of the Social Security Act to require the President to transmit the annual budget of the Social Security Administration without revisions to Congress, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Social Security Admin- 4 istration Accountability Act of 2019’’. 5 VerDate Sep 11 2014 23:30 Aug 03, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3905.IH H3905 kjohnson on DSK79L0C42 with BILLS 2 •HR 3905 IH SEC. 2. AMENDING SOCIAL SECURITY ADMINISTRATION 1 BUDGETARY MATTERS. 2 (a) ANNUAL BUDGET.—Section 704(b)(1)(A) of the 3 Social Security Act (42 U.S.C. 904(b)(1)(A)) is amended 4 to read as follows: 5 ‘‘(b)(1)(A) The Commissioner shall prepare and sub- 6 mit an annual budget estimate for the Administration di- 7 rectly to the President and Congress.’’. 8 (b) CONTENTS OF BUDGET.—Section 704(b)(1)(B) 9 of such Act (42 U.S.C. 904(b)(1)(B)) is amended to read 10 as follows: 11 ‘‘(B) The Commissioner shall include in the annual 12 budget prepared pursuant to subparagraph (A) the fol- 13 lowing: 14 ‘‘(i) The total number of cases pending at each 15 hearing office, listed by hearing office, and an aggre- 16 gate total of all cases pending at all hearing offices. 17 ‘‘(ii) The total number of cases pending for over 18 the preceding year at each hearing office, listed by 19 both hearing office and presiding administrative law 20 judge, and an aggregate total of all cases pending 21 for over such year at all hearing offices. 22 ‘‘(iii) The average duration of time to process 23 each case at each hearing office, listed by hearing of- 24 fice. 25 VerDate Sep 11 2014 23:30 Aug 03, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3905.IH H3905 kjohnson on DSK79L0C42 with BILLS 3 •HR 3905 IH ‘‘(iv) The staffing levels at each hearing office 1 and field office, including a listing of job titles, clas- 2 sifications, and the number of staff within each title 3 and classification.’’. 4 (c) COMPREHENSIVE WORK FORCE PLAN.—Section 5 704(b)(2)(A) of such Act (42 U.S.C. 904(b)(2)(A)) is 6 amended by striking ‘‘the Commissioner’’ and inserting 7 the following: ‘‘the Commissioner, in consultation with rel- 8 evant stakeholders including employee organizations rep- 9 resenting employees of the Social Security Administration. 10 Not later than 90 days before a revision of the comprehen- 11 sive work force plan, the Commissioner shall submit the 12 document setting forth the revision to the Committee on 13 Ways and Means of the House of Representatives and the 14 Committee on Finance of the Senate.’’. 15 SEC. 3. CLOSURE OF FIELD OR HEARING OFFICES. 16 (a) MORATORIUM ON CLOSURE OR CONSOLIDATION 17 OF FIELD OR HEARING OFFICES OR NEW LIMITATIONS 18 ON ACCESS TO SUCH OFFICES.— 19 (1) IN GENERAL.—Except as provided in para- 20 graph (2), the Commissioner of Social Security shall 21 take no action on or after the date of the enactment 22 of this Act to close or consolidate field or hearing of- 23 fices of the Social Security Administration or to oth- 24 VerDate Sep 11 2014 23:30 Aug 03, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3905.IH H3905 kjohnson on DSK79L0C42 with BILLS 4 •HR 3905 IH erwise impose any new limitation on access to such 1 offices. 2 (2) CESSATION OF MORATORIUM UPON REPORT 3 TO CONGRESS.—Paragraph (1) shall cease to be ef- 4 fective 180 days after the Commissioner submits to 5 the Committee on Ways and Means of the House of 6 Representatives and the Committee on Finance of 7 the Senate a detailed report outlining and justifying 8 the process for selecting field or hearing offices to be 9 closed or consolidated or otherwise to have limited 10 access. Such report shall include— 11 (A) an analysis of the criteria used for se- 12 lecting field or hearing offices for closure, con- 13 solidation, or limited access; 14 (B) a description of how the Commissioner 15 has analyzed and considered relevant factors, 16 including but not limited to transportation and 17 communication burdens faced by individuals 18 serviced by the offices, including elderly and 19 disabled citizens; and 20 (C) a description of any method of cost- 21 benefit analysis applied by the Commissioner in 22 connection with closures and consolidations of 23 field or hearing offices, and other limitations on 24 VerDate Sep 11 2014 23:30 Aug 03, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3905.IH H3905 kjohnson on DSK79L0C42 with BILLS 5 •HR 3905 IH access to field or hearing offices, including any 1 analysis that takes into account— 2 (i) the anticipated savings resulting 3 from the closure, consolidation, or limita- 4 tion on access; 5 (ii) the anticipated costs associated 6 with replacing services lost by the closure, 7 consolidation, or limitation on access; 8 (iii) the anticipated effects on employ- 9 ees of the offices affected; and 10 (iv) such other relevant factors as 11 may be determined by the Commissioner, 12 including but not limited to transportation 13 and communication burdens faced by indi- 14 viduals serviced by the offices, including el- 15 derly and disabled citizens. 16 (b) REQUIREMENTS FOR FUTURE CLOSURES, CON- 17 SOLIDATIONS, AND NEW LIMITATIONS ON ACCESS.— 18 (1) IN GENERAL.—Section 704 of the Social 19 Security Act (42 U.S.C. 904) is amended by adding 20 at the end the following new subsection: 21 ‘‘Field and Hearing Offices 22 ‘‘(f)(1) The Commissioner may not close a field or 23 hearing office of the Administration, consolidate two or 24 more such offices, or otherwise impose any new limitation 25 VerDate Sep 11 2014 23:30 Aug 03, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3905.IH H3905 kjohnson on DSK79L0C42 with BILLS 6 •HR 3905 IH on public access to any such office, unless the Commis- 1 sioner complies with the requirements of paragraphs (2), 2 (3), and (4) in connection with the closure, consolidation, 3 or limitation on public access. 4 ‘‘(2)(A) The requirements of this paragraph are met 5 in connection with a closure, consolidation, or new limita- 6 tion on access referred to in paragraph (1) only if— 7 ‘‘(i) not later than 120 days before the date of 8 the closure, consolidation, or limitation on access, 9 the Commissioner provides effective public notice of 10 the proposed closure, consolidation, or limitation on 11 access (including, to the extent practicable, notice by 12 direct mailing and through community outlets such 13 as newspapers and posting in heavily frequented 14 public spaces) to individuals residing in the area 15 serviced by the affected office or offices; and 16 ‘‘(ii) not earlier than 30 days after the issuance 17 of public notice pursuant to clause (i) and not later 18 than 45 days before the date of the proposed clo- 19 sure, consolidation, or limitation on access, the Com- 20 missioner conducts at least 2 public hearings (sched- 21 uled so that the first and last such hearings are sep- 22 arated by at least 10 days), at which the Commis- 23 sioner presents the justifications for the closure, con- 24 solidation, or limitation on access described in sub- 25 VerDate Sep 11 2014 23:30 Aug 03, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3905.IH H3905 kjohnson on DSK79L0C42 with BILLS 7 •HR 3905 IH paragraph (B) and provides for attendees an oppor- 1 tunity to present their views regarding the proposed 2 closure, consolidation, or limitation on access. 3 ‘‘(B) The justifications referred to in subparagraph 4 (A)(ii) shall consist of the following: 5 ‘‘(i) an analysis of the criteria used for selecting 6 the field or hearing office or offices for closure, con- 7 solidation, or limited access; 8 ‘‘(ii) a description of how the Commissioner has 9 analyzed and considered relevant factors, including 10 but not limited to transportation and communication 11 burdens faced by individuals serviced by the offices, 12 including elderly and disabled citizens; and 13 ‘‘(iii) a description of a method of cost-benefit 14 analysis which shall be applied by the Commissioner 15 in connection with the closure, consolidation, or limi- 16 tation on access, and which shall take into ac- 17 count— 18 ‘‘(I) the anticipated savings resulting from 19 the closure, consolidation, or limitation on ac- 20 cess; 21 ‘‘(II) the anticipated costs associated with 22 replacing services lost by the closure, consolida- 23 tion, or limitation on access; 24 VerDate Sep 11 2014 23:30 Aug 03, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3905.IH H3905 kjohnson on DSK79L0C42 with BILLS 8 •HR 3905 IH ‘‘(III) the anticipated effects on employees 1 of the offices affected; and 2 ‘‘(IV) such other relevant factors as may 3 be determined by the Commissioner, including 4 but not limited to transportation and commu- 5 nication burdens faced by individuals serviced 6 by the offices, including elderly and disabled 7 citizens. 8 ‘‘(C) The notice provided pursuant to subparagraph 9 (A)(i) shall include notice of the time and place of the 10 public hearings to be conducted pursuant to clause (A)(ii) 11 and of the right of aggrieved individuals to appeal to the 12 Commissioner regarding the proposed closure, consolida- 13 tion, or limitation on access pursuant to paragraph (4). 14 ‘‘(3) The requirements of this paragraph are met in 15 connection with a closure, consolidation, or limitation on 16 access referred to in paragraph (1) only if, not later than 17 30 days before the date of the proposed closure, consolida- 18 tion, or limitation on access, the Commissioner submits 19 to the Committee on Ways and Means of the House of 20 Representatives, the Committee on Finance of the Senate, 21 and each Member of the Congress representing a State 22 or congressional district in which the affected office or of- 23 fices are located a detailed final report in support of the 24 VerDate Sep 11 2014 23:30 Aug 03, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3905.IH H3905 kjohnson on DSK79L0C42 with BILLS 9 •HR 3905 IH closure, consolidation, or limitation on access. Such report 1 shall include— 2 ‘‘(A) the justifications described in paragraph 3 (2)(B), (including any amendments made to such 4 justifications after the public hearings conducted 5 pursuant to paragraph (2)(A)); 6 ‘‘(B) any findings made by the Commissioner 7 pursuant to the public hearings; 8 ‘‘(C) the status of any appeals regarding the 9 closure, consolidation, or new limitation on access 10 which were commenced pursuant to paragraph (4) 11 before the date of the report; 12 ‘‘(D) the final decision of the Commissioner re- 13 garding the closure, consolidation, or new limitation 14 on access; and 15 ‘‘(E) such other information as the Commis- 16 sioner considers relevant. 17 ‘‘(4)(A) Upon timely request by any individual who 18 makes a showing in writing described in subparagraph (B) 19 in connection with a proposed closure, consolidation, or 20 limitation on access referred to in subparagraph (A), the 21 Commissioner shall give such individual an opportunity for 22 a hearing with respect to the closure, consolidation, or lim- 23 itation on access. The request for the hearing shall be con- 24 sidered timely only if it is made not later than 30 days 25 VerDate Sep 11 2014 23:30 Aug 03, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3905.IH H3905 kjohnson on DSK79L0C42 with BILLS 10 •HR 3905 IH before the proposed date of the closure, consolidation, or 1 limitation on access. The Commissioner shall submit to 2 the Committee on Ways and Means of the House of Rep- 3 resentatives, the Committee on Finance of the Senate, and 4 each Member of the Congress representing a State or con- 5 gressional district in which the affected office or offices 6 are located the Commissioner’s findings based on the 7 hearing and a description of any action taken or to be 8 taken by the Commissioner on the basis of such findings. 9 ‘‘(B) A showing described in subparagraph (A) shall 10 consist of a showing that— 11 ‘‘(i) the determination of the Commissioner to 12 close a field or hearing office, consolidate field or 13 hearing offices, or impose a new limitation on access 14 to a field or hearing office is arbitrary, capricious, 15 an abuse of discretion, not in accordance with law, 16 or not based on substantial evidence; or 17 ‘‘(ii) the Commissioner has failed to observe 18 procedures required by law in connection with the 19 closure, consolidation, or new limitation on access.’’. 20 (2) EFFECTIVE DATE.—The amendment made 21 by paragraph (1) of this subsection shall apply with 22 respect to closures and consolidations of field or 23 hearing offices and impositions of new limitations on 24 access to such offices occurring after the cessation 25 VerDate Sep 11 2014 23:30 Aug 03, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3905.IH H3905 kjohnson on DSK79L0C42 with BILLS 11 •HR 3905 IH of the moratorium under subsection (a) of this sec- 1 tion. 2 SEC. 4. GAO STUDY ON DISABILITY HEARINGS. 3 Not later than one year after the date of enactment 4 of this Act, the Comptroller General of the United States 5 shall submit to Congress a report that describes the aver- 6 age length of time after a request for review of an initial 7 adverse determination with respect to an application for 8 a disability insurance benefit under title II of the Social 9 Security Act has been made until a final decision is issued 10 with respect to such application. 11 Æ VerDate Sep 11 2014 23:30 Aug 03, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H3905.IH H3905 kjohnson on DSK79L0C42 with BILLS