```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3489 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3489

   To protect senior citizens, disabled persons, veterans, and other 
 beneficiaries and customers of the Social Security Administration by 
          reforming the process for closure of field offices.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2012

  Mr. Brown of Massachusetts introduced the following bill; which was 
          read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
   To protect senior citizens, disabled persons, veterans, and other 
 beneficiaries and customers of the Social Security Administration by 
          reforming the process for closure of field offices.

    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 ``Good Neighbor Social Security Office 
and Community Protection Act of 2012''.

SEC. 2. FINDINGS.

    Congress finds that:
            (1) As of March 2012, more than 61,000,000 Americans 
        received benefits from the Social Security Administration.
            (2) Americans depend upon convenient access to Social 
        Security Administration field offices.
            (3) The Social Security Administration faces growing 
        financial constraints consistent with the fiscal emergency 
        faced by the Nation.
            (4) Americans rightly expect the Social Security 
        Administration to meet its financial objectives through methods 
        that preserve service standards to the highest degree possible.
            (5) The Social Security Administration is in the process of 
        closing large numbers of field offices in an effort that is 
        expected to last several years.
            (6) The Social Security Administration is closing field 
        offices without adequate community input and process 
        transparency.
            (7) The shortcomings in the Social Security 
        Administration's process for closing field offices are due in 
        part to an absence of a statutorily defined field office 
        closure procedures that protect the interests of all interested 
        parties.
            (8) Social Security beneficiaries and the communities 
        surrounding Social Security field offices deserve notice of 
        office closures, an opportunity to offer comment and have those 
        comments given due consideration, and a clear plan to minimize 
        service disruption from an office closure.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administration.--The term ``Administration'' means the 
        Social Security Administration.
            (2) Closure.--The term ``closure'' includes any 
        realignment, consolidation, or merger of an Administration 
        field office.
            (3) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of Social Security.
            (4) State.--The term ``State'' means each of the 50 States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northen Mariana Islands.

SEC. 4. GUIDELINES AND STANDARDIZED PROCEDURES FOR CLOSURE OF SOCIAL 
              SECURITY ADMINISTRATION FIELD OFFICES.

    (a) Guidelines for Identification of Offices for Possible 
Closure.--Not later than 180 days after the date of enactment of this 
Act, the Commissioner shall develop and publish--
            (1) financial guidelines that may be used to identify 
        Administration field offices for possible closure; and
            (2) standardized closure procedures that meet the 
        requirements of section 5.
    (b) Non-Binding.--The financial guidelines and standardized closure 
procedures developed under subsection (a) shall provide that 
identification of an Administration field office for possible closure 
shall not require the Commissioner to begin closure procedures for any 
field office identified as a result of the application of such 
guidelines or the initiation of such procedures.

SEC. 5. REQUIREMENTS FOR CLOSURE OF SOCIAL SECURITY ADMINISTRATION 
              FIELD OFFICES.

    (a) Office Closure and Service Continuity Proposal.--In any case 
where the Commissioner has identified an Administration field office 
for possible closure as a result of the application of the financial 
guidelines developed under section 4 and decides to initiate procedures 
to close that field office, the Commissioner shall develop an office 
closure and service continuity proposal for the office that contains 
the following information:
            (1) The financial justification for the proposed office 
        closure, with estimated savings in costs relating to real 
        estate, labor, and miscellaneous expenses.
            (2) The estimated cost of the office closure.
            (3) Data for monthly customer traffic at the office.
            (4) The location of the two nearest Administration field 
        offices that would remain open after the office closure.
            (5) The estimated travel time, by private vehicle and 
        public transit, from the Administration field office proposed 
        for closure and the two nearest Administration field offices 
        that would remain open after the office closure.
            (6) The steps the Administration plans to take to mitigate 
        any hardship created by the office closure.
            (7) The names and addresses of governmental agencies and 
        community organizations to be notified in accordance with 
        subsection (b).
            (8) The postal and electronic addresses for which public 
        comments may be sent in accordance with subsection (c).
    (b) Notices Required Prior to Final Closure Decision.--
            (1) In general.--Not less than 90 days prior to the 
        proposed closure date for an Administration field office, the 
        Commissioner shall--
                    (A) provide copies of the office closure and 
                service continuity proposal developed for the 
                Administration field office to--
                            (i) the chief executive office of the State 
                        in which field office proposed for closure is 
                        located;
                            (ii) the chief executive officers for the 
                        county and city government jurisdictions in 
                        which the field office proposed for closure is 
                        located; and
                            (iii) the head of the social services 
                        agencies that receive Federal funds that are 
                        located within a 10-mile radius of the field 
                        office proposed for closure;
                    (B) publish the proposal in newspapers whose 
                circulation area includes areas served by the field 
                office proposed for closure; and
                    (C) broadcast the proposal over Federally licensed 
                radio stations whose broadcast area includes areas 
                served by the field office proposed for closure.
            (2) Records.--The Commissioner shall maintain records of 
        the dates on which the notices, publications, and broadcasts 
        required under paragraph (1) are made.
    (c) Public Comment Required Prior to Final Closure Decision.--
            (1) In general.--The Commissioner shall hold at least 1 
        hearing at which public comments may be made prior making any 
        final decision to close an Administration field office. The 
        Commissioner also shall provide postal and electronic addresses 
        for which written comments regarding the proposed closure may 
        be submitted.
            (2) Notice.--The date and time for the public comment 
        hearing on the proposed closure of an Administration field 
        office shall be included in the notices, publications, and 
        broadcasts required under subsection (b).
            (3) Timing.--The public comment hearing shall be held at 
        least 21 days after notice of the date and time for the hearing 
        is made in accordance with paragraph (2) and at least 60 days 
        prior to the proposed closure date for the Administration field 
        office.
            (4) Attendance.--The Regional Commissioner for the region 
        in which the Administration field office proposed for closure 
        is located shall attend the public comment hearing. Only in 
        cases where Regional Commissioner is, in good faith, unable to 
        attend the hearing, may a designated representative attend the 
        public comment hearing in lieu of the Regional Commissioner.
            (5) Format.--The public comment hearing shall be conducted 
        as follows:
                    (A) The hearing shall begin with a presentation by 
                the Commissioner of the case for closure of the field 
                office.
                    (B) The hearing shall then provide at least 1 hour 
                following the conclusion of the presentation of the 
                case for closure for comments from elected officials.
                    (C) Following the conclusion of the period for 
                comment from elected officials, the hearing shall then 
                provide at least 1 hour for comments from the public.
            (6) Records.--The Commissioner shall maintain a record of 
        the comments provided at the hearing and shall include in the 
        record any written comments received regarding the proposed 
        closure of the field office. The Commissioner shall publish the 
        record on the Administration Web site within 5 days after the 
        conclusion of the public comment hearing.
    (d) Final Closure Decision.--
            (1) In general.--The Commissioner shall issue a final 
        closure decision regarding an Administration field office only 
        after review of the comments received regarding the closure and 
        evaluation of any alternatives to closing the office that are 
        made at the public comment hearing or through written 
        submission.
            (2) Notice.--Notice of the Commissioner's final closure 
        decision with respect to an Administration field office shall 
        be published on the Administration Web site and shall be 
        distributed, published, and broadcast in the same manner as 
        notice of the office closure and service continuity proposal is 
        made under subsection (b).
            (3) Decision to close.--If the Commissioner's final closure 
        decision is to close a field office, the Commissioner shall 
        amend the office closure and service continuity proposal for 
        the field office to incorporate additional information obtained 
        during the public comment period.
            (4) Timing.--Notice of the Commissioner's final closing 
        decision shall be provided at least 45 days prior to a closing 
        date for a field office.
    (e) Additional Requirements.--The Commissioner shall continue to 
operate an Administration field office proposed for closure in good 
faith and with the assumption of continued service, until notice of the 
Commissioner's final closure decision is made. The Commissioner shall 
not take any action to close an Administration field office prior to 
providing notice of the Commissioner's final closure decision, 
including--
            (1) terminating or providing notice to terminate any real 
        estate lease, rental, or similar arrangement;
            (2) concluding agreements with collective bargaining units 
        related to the office closure;
            (3) making expenditures related to the proposed office 
        closure, except those necessary to fulfill the requirements of 
        this Act; and
            (4) entering into contracts related to the proposed office 
        closure, except those necessary to fulfill the process 
        requirements of this Act.
    (f) Extensions of Time for Closure.--The Commissioner may--
            (1) toll any time periods for action established by this 
        Act, provided that an equivalent delay in the proposed closing 
        date is made; and
            (2) delay the proposed closing date for an Administration 
        field office at any time in the closing process, including, if 
        the final closure decision is to close the office, after making 
        that decision.

SEC. 6. NON-APPLICABILITY TO DISPOSAL OF REAL PROPERTY RELATED TO 
              CLOSED OFFICES.

    Nothing in this Act shall be construed to prevent or delay the 
speedy disposal of surplus Government real property, including any 
Administration field offices closed in accordance with the requirements 
of this Act.
                                 <all>
```