[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4082 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 4082
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
February 17, 2012
Mr. Higgins (for himself, Mr. McIntyre, Mr. Moran, Mr. McDermott, Mr.
Baca, and Mr. Hinchey) 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Administration
Accountability Act of 2012''.
SEC. 2. AMENDING SOCIAL SECURITY ADMINISTRATION BUDGETARY MATTERS.
(a) Annual Budget.--Section 704(b)(1)(A) of the Social Security Act
(42 U.S.C. 904(b)(1)(A)) is amended to read as follows:
``(b)(1)(A) The Commissioner shall prepare and submit an annual
budget estimate for the Administration directly to the President and
Congress.''.
(b) Contents of Budget.--Section 704(b)(1)(B) of such Act (42
U.S.C. 904(b)(1)(B)) is amended to read as follows:
``(B) The Commissioner shall include in the annual budget prepared
pursuant to subparagraph (A) the following:
``(i) The total number of cases pending at each hearing
office, listed by hearing office, and an aggregate total of all
cases pending at all hearing offices.
``(ii) The total number of cases pending for over the
preceding year at each hearing office, listed by both hearing
office and presiding administrative judge, and an aggregate
total of all cases pending for over such year at all hearing
offices.
``(iii) The average duration of time to process each case
at each hearing office, listed by hearing office.
``(iv) The staffing levels at each hearing office and field
office, including a listing of job titles, classifications, and
the number of staff within each title and classification.''.
(c) Comprehensive Work Force Plan.--Section 704(b)(2)(A) of such
Act (42 U.S.C. 904(b)(2)(A)) is amended by adding at the end the
following: ``Not later than 90 days before a revision of the
comprehensive work force plan, the Commissioner shall submit the
document setting forth the revision to the Committee on Ways and Means
of the House of Representatives and the Committee on Finance of the
Senate.''.
SEC. 3. CLOSURE OF FIELD OR HEARING OFFICES.
(a) Moratorium on Closure or Consolidation of Field or Hearing
Offices or New Limitations on Access to Such Offices.--
(1) In general.--Except as provided in paragraph (2), 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 offices.
(2) Cessation of moratorium upon report to congress.--
Paragraph (1) shall cease to be effective 180 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 access. Such report
shall include--
(A) an analysis of the criteria used for selecting
field or hearing offices for closure, consolidation, or
limited access;
(B) a description of how the Commissioner has
analyzed and considered relevant factors, including but
not limited to transportation and communication burdens
faced by individuals serviced by the offices, including
elderly and disabled citizens; and
(C) a description of any method of cost-benefit
analysis applied by the Commissioner in connection with
closures and consolidations of field or hearing
offices, and other limitations on access to field or
hearing offices, including any analysis that takes into
account--
(i) the anticipated savings resulting from
the closure, consolidation, or limitation on
access;
(ii) the anticipated costs associated with
replacing services lost by the closure,
consolidation, or limitation on access;
(iii) the anticipated effects on employees
of the offices affected; and
(iv) such other relevant factors as may be
determined by the Commissioner, including but
not limited to transportation and communication
burdens faced by individuals serviced by the
offices, including elderly and disabled
citizens.
(b) Requirements for Future Closures, Consolidations, and New
Limitations on Access.--
(1) 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:
``Field and Hearing Offices
``(f)(1) The Commissioner may not close a field or hearing office
of the Administration, consolidate two or more such offices, or
otherwise impose any new limitation on public access to any such
office, unless the Commissioner complies with the requirements of
paragraphs (2), (3), and (4) in connection with the closure,
consolidation, or limitation on public access.
``(2)(A) The requirements of this paragraph are met in connection
with a closure, consolidation, or new limitation on access referred to
in paragraph (1) only if--
``(i) not later than 120 days before the date of the
closure, consolidation, or limitation on access, the
Commissioner provides effective public notice of the proposed
closure, consolidation, or limitation on access (including, to
the extent practicable, notice by direct mailing and through
community outlets such as newspapers and posting in heavily
frequented public spaces) to individuals residing in the area
serviced by the affected office or offices; and
``(ii) not earlier than 30 days after the issuance of
public notice pursuant to clause (i) and not later than 45 days
before the date of the proposed closure, consolidation, or
limitation on access, the Commissioner conducts at least 2
public hearings (scheduled so that the first and last such
hearings are separated by at least 10 days), at which the
Commissioner presents the justifications for the closure,
consolidation, or limitation on access described in
subparagraph (B) and provides for attendees an opportunity to
present their views regarding the proposed closure,
consolidation, or limitation on access.
``(B) The justifications referred to in subparagraph (A)(ii) shall
consist of the following:
``(i) an analysis of the criteria used for selecting the
field or hearing office or offices for closure, consolidation,
or limited access;
``(ii) a description of how the Commissioner has analyzed
and considered relevant factors, including but not limited to
transportation and communication burdens faced by individuals
serviced by the offices, including elderly and disabled
citizens; and
``(iii) a description of a method of cost-benefit analysis
which shall be applied by the Commissioner in connection with
the closure, consolidation, or limitation on access, and which
shall take into account--
``(I) the anticipated savings resulting from the
closure, consolidation, or limitation on access;
``(II) the anticipated costs associated with
replacing services lost by the closure, consolidation,
or limitation on access;
``(III) the anticipated effects on employees of the
offices affected; and
``(IV) such other relevant factors as may be
determined by the Commissioner, including but not
limited to transportation and communication burdens
faced by individuals serviced by the offices, including
elderly and disabled citizens.
``(C) The notice provided pursuant to subparagraph (A)(i) shall
include notice of the time and place of the public hearings to be
conducted pursuant to clause (A)(ii) and of the right of aggrieved
individuals to appeal to the Commissioner regarding the proposed
closure, consolidation, or limitation on access pursuant to paragraph
(4).
``(3) The requirements of this paragraph are met in connection with
a closure, consolidation, or limitation on access referred to in
paragraph (1) only if, not later than 30 days before the date of the
proposed closure, consolidation, or limitation on access, the
Commissioner submits 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 affected office or offices are located a detailed final
report in support of the closure, consolidation, or limitation on
access. Such report shall include--
``(A) the justifications described in paragraph (2)(B),
(including any amendments made to such justifications after the
public hearings conducted pursuant to paragraph (2)(A));
``(B) any findings made by the Commissioner pursuant to the
public hearings;
``(C) the status of any appeals regarding the closure,
consolidation, or new limitation on access which were commenced
pursuant to paragraph (4) before the date of the report;
``(D) the final decision of the Commissioner regarding the
closure, consolidation, or new limitation on access; and
``(E) such other information as the Commissioner considers
relevant.
``(4)(A) Upon timely request by any individual who makes a showing
in writing described in subparagraph (B) in connection with a proposed
closure, consolidation, or limitation on access referred to in
subparagraph (A), the Commissioner shall give such individual an
opportunity for a hearing with respect to the closure, consolidation,
or limitation on access. The request for the hearing shall be
considered timely only if it is made not later than 30 days before the
proposed date of the closure, consolidation, or limitation on access.
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 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 Commissioner on the basis of such
findings.
``(B) A showing described in subparagraph (A) shall consist of a
showing that--
``(i) the determination of the Commissioner to close a
field or hearing office, consolidate field or hearing offices,
or impose a new limitation on access to a field or hearing
office is arbitrary, capricious, an abuse of discretion, not in
accordance with law, or not based on substantial evidence; or
``(ii) the Commissioner has failed to observe procedures
required by law in connection with the closure, consolidation,
or new limitation on access.''.
(2) Effective date.--The amendment made by paragraph (1) 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 (a) of this
section.
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