II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Improving Access to 

5 Social Security Services Act’’. 


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1 SEC. 2. REDUCTIONS IN PUBLIC ACCESS TO SOCIAL SECU2 RITY ADMINISTRATION FIELD OR HEARING 

3 OFFICES. 

4 (a) IN GENERAL.—Section 704 of the Social Security 

5 Act (42 U.S.C. 904) is amended by adding at the end the 

6 following new subsection: 

7 ‘‘Ensuring Public Access to Field and Hearing Offices 

8 ‘‘(f)(1) The Commissioner may not impose any reduc9 tion in public access on an office unless the requirements 

10 under paragraphs (2) through (5) have been satisfied in 

11 connection with such reduction. 

12 ‘‘(2) Not later than 180 days before the date that 

13 the proposed reduction in access to an office would take 

14 effect, the Commissioner shall provide effective public no15 tice regarding the proposed reduction, which— 

16 ‘‘(A) may include, to the extent feasible, pro17 viding notice to— 

18 ‘‘(i) all individuals residing in areas serv19 iced by such office by direct mailing, the dis20 semination of print or electronic notices, or 

21 publication in community outlets such as news22 papers and posting in heavily trafficked public 

23 spaces; and 

24 ‘‘(ii) representatives of institutions in areas 

25 serviced by such office that may be affected by 

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1 pitals, nursing homes, elder rights advocacy 

2 groups, community-based organizations that 

3 represent Social Security beneficiaries, and any 

4 organization that represents employees of the 

5 Administration by direct mailing, electronic 

6 mail, or telephone; and 

7 ‘‘(B) shall include— 

8 ‘‘(i) direct, written notification of the elect9 ed officials of individuals residing in areas serv10 iced by such office, which shall include each 

11 Member of the Congress representing a State or 

12 congressional district in which such office is lo13 cated and may include the mayor, city council, 

14 or other local government officials representing 

15 the areas serviced by such office; 

16 ‘‘(ii) on the website of the Social Security 

17 Administration, a description of the proposed 

18 reduction and the most recent information used 

19 by the Commissioner in evaluating the office for 

20 closure, including the most recent Service Area 

21 Review of such office; 

22 ‘‘(iii) relevant information regarding the 

23 areas serviced by such office, including— 


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1 ‘‘(I) the percentage of individuals in 

2 such areas with access to broadband inter3 net service; 

4 ‘‘(II) the availability of public and pri5 vate transportation from such office to the 

6 other offices nearest to such areas to indi7 viduals residing in such areas, and the ex8 tent to which such other offices are acces9 sible by public or private transportation; 

10 ‘‘(III) the percentage of individuals in 

11 such areas that lack facility with the 

12 English language; 

13 ‘‘(IV) the percentage of individuals in 

14 such area with annual incomes that do not 

15 exceed the Federal poverty threshold appli16 cable to the family size involved (as deter17 mined by the Bureau of the Census); and 

18 ‘‘(V) any other relevant factors that 

19 may limit public access to the other offices 

20 nearest to such areas; 

21 ‘‘(iv) a description of the effect that the re22 duction in public access will have on areas serv23 iced by such office, including— 

24 ‘‘(I) the number of Social Security 

25 beneficiaries that such office services; 


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1 ‘‘(II) the projected population of indi2 viduals residing in such areas (including 

3 any congressional district serviced by such 

4 office) who, during the 5-year, 10-year, 

5 and 15-year periods subsequent to the re6 duction in public access, will have attained 

7 early retirement age; 

8 ‘‘(III) the number of Administration 

9 employees who work in such areas and any 

10 congressional district serviced by such of11 fice; 

12 ‘‘(IV) the number of cases pending, 

13 the average number of daily visitors in the 

14 previous year at such office, and the aver15 age wait time for service in the previous 

16 year at such office; 

17 ‘‘(V) the number of miles between 

18 such office and the other offices nearest to 

19 such areas; 

20 ‘‘(VI) the average increase in travel 

21 from such office to the other offices near22 est to such office for a member of the pub23 lic or an employee of the Administration 

24 that is expected to result from the reduc25 tion in public access; and 


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1 ‘‘(VII) the level of public access avail2 able at the other offices nearest to such 

3 areas, including potential obstacles faced 

4 by elderly and disabled citizens; 

5 ‘‘(v) the projected savings to the Adminis6 tration resulting from the reduction in public 

7 access for the 10-year period subsequent to 

8 such reduction; 

9 ‘‘(vi) the estimated cost of co-locating such 

10 office with another Federal agency as an alter11 native to the proposed reduction in public ac12 cess; 

13 ‘‘(vii) any measures the Administration 

14 plans to take to eliminate or reduce obstacles to 

15 public access at the other offices nearest to the 

16 areas serviced by such office; 

17 ‘‘(viii) relevant information regarding the 

18 criteria and reasons for imposing a reduction in 

19 public access on an office; and 

20 ‘‘(ix) the date, time, and location of the 

21 public hearing described in paragraph (4). 

22 ‘‘(3) Not later than 30 days after the issuance of the 

23 public notice described in paragraph (2), the Commis24 sioner shall provide for a public comment period of not 

25 less than 60 days. 


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1 ‘‘(4) Not earlier than 30 days after the issuance of 

2 the public notice described in paragraph (2) and not later 

3 than 80 days before the date that the proposed reduction 

4 in access to an office would take effect, the Commissioner 

5 shall conduct not less than 1 public hearing at which the 

6 Commissioner shall present the justifications for the re7 duction in access and provide attendees with an oppor8 tunity to present their views regarding such reduction. 

9 ‘‘(5) Not later than 30 days after the conclusion of 

10 the public comment period described in paragraph (3) or 

11 the date of the public hearing described in paragraph (4), 

12 whichever is later, the Commissioner shall submit to the 

13 Committee on Ways and Means of the House of Rep14 resentatives, the Committee on Finance of the Senate, and 

15 each Member of the Congress representing a State or con16 gressional district in which the office is located a detailed 

17 final report, which shall be made available to the public, 

18 regarding the reduction in public access, including the jus19 tifications for such reduction and any findings made by 

20 the Commissioner in regards to comments received during 

21 the public comment period or the public hearing. 

22 ‘‘(6) In this subsection: 

23 ‘‘(A) The term ‘reduction in public access’ 

24 means any closure of an office, consolidation of 2 or 

25 more offices, or reduction in the number of hours in 


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1 which an office is open to the public by 8 or more 

2 hours per week, except that such term shall not in3 clude a temporary closure or reduction that is the 

4 result of the need to make necessary repairs, a nat5 ural disaster, or other emergency necessitating a re6 duction or closure. 

7 ‘‘(B) The term ‘office’ means any field or hear8 ing office of the Administration.’’. 

9 (b) EFFECTIVE DATE.—The amendments made by 

10 this section shall apply with respect to any reduction in 

11 public access to an office that takes effect after the date 

12 of enactment of this Act. 

13 SEC. 3. IMPROVING SOCIAL SECURITY ADMINISTRATION 

14 SERVICES. 

15 (a) IN GENERAL.—Each field office of the Social Se16 curity Administration (referred to in this section as an 

17 ‘‘office’’) shall be required to provide services necessary 

18 for— 

19 (1) until August 1, 2015, Social Security num20 ber printout services; and 

21 (2) until October 1, 2015, benefit verification 

22 letter services. 

23 (b) OUTREACH.— 

24 (1) NATIONAL CAMPAIGN.—The Commissioner 

25 of Social Security (referred to in this Act as the 


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1 ‘‘Commissioner’’) shall conduct an outreach cam2 paign to notify Social Security beneficiaries and 

3 other interested parties (including State depart4 ments of motor vehicles, the Internal Revenue Serv5 ice, State and Federal housing assistance agencies, 

6 and other State and Federal agencies that provide 

7 need-based assistance) of— 

8 (A) plans to phase out— 

9 (i) Social Security number printout 

10 services; or 

11 (ii) benefit verification letter services 

12 at offices; and 

13 (B) the online availability of the services 

14 described in subparagraph (A). 

15 (2) LOCAL OUTREACH.—Each office that ceases 

16 to offer, or reduces the availability of, the services 

17 described in paragraph (1)(A) shall provide notice to 

18 key local organizations whose members or patrons 

19 may be affected by such cessation or reduction, in20 cluding— 

21 (A) employee placement organizations; 

22 (B) housing assistance organizations; 

23 (C) organizations that assist with the ad24 ministration of need-based government benefits; 

25 (D) income tax preparers; and 


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1 (E) banks and other financial institutions. 

2 (c) LIVE-CHAT ASSISTANCE.— 

3 (1) IN GENERAL.—Not later than 1 year after 

4 the date of the enactment of this Act, the Commis5 sioner shall establish a system providing live-chat as6 sistance for online users of the website of the Social 

7 Security Administration. 

8 (2) IMPLEMENTATION REPORT.—Not later than 

9 9 months after the date of the enactment of this 

10 Act, the Commissioner shall submit a report to the 

11 Inspector General of the Department of Health and 

12 Human Services that describes— 

13 (A) the Commissioner’s progress in imple14 menting the live-chat assistance system de15 scribed in paragraph (1); and 

16 (B) other measures that the Commissioner 

17 has taken to notify users of the website of the 

18 Social Security Administration of the avail19 ability of live-chat assistance and the cir20 cumstances in which the use of such assistance 

21 may be advisable. 

22 (d) WAIVER OF FEES FOR SERVICES.— 

23 (1) IN GENERAL.—Section 205 of the Social 

24 Security Act (42 U.S.C. 405) is amended by adding 

25 at the end the following new subsection: 


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1 ‘‘Waiver of Fees for Services 

2 ‘‘(v)(1) In any case where the Social Security Admin3 istration (referred to in this subsection as the ‘Administra4 tion’) charges a fee for a service offered by the Adminis5 tration, either online or at a field office of the Administra6 tion, the Commissioner of Social Security shall establish 

7 a process whereby an eligible individual (as defined in 

8 paragraph (2)) may apply for a reduction or waiver of 

9 such fee. 

10 ‘‘(2) For purposes of paragraph (1), an ‘eligible indi11 vidual’ is an individual whose annual income does not ex12 ceed the Federal poverty threshold applicable to the family 

13 size involved (as determined by the Bureau of the Census). 

14 ‘‘(3) The Commissioner of Social Security shall pro15 vide timely notice to an individual who makes an applica16 tion under paragraph (1) of the approval or denial of such 

17 application.’’. 

18 (2) EFFECTIVE DATE.—The amendment made 

19 by paragraph (1) shall take effect 180 days after the 

20 date of the enactment of this Act. 

21 (e) REPORT.—Not later than 6 months after the date 

22 of the enactment of this Act, the Commissioner shall sub23 mit a report to the Committee on Ways and Means of the 

24 House of Representatives and the Committee on Finance 


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1 of the Senate describing the Administration’s long-term 

2 strategy for service delivery, including— 

3 (1) the Social Security Administration’s strat4 egy for providing face-to-face services to a growing 

5 population of elderly individuals; and 

6 (2) recommendations for reforming the process 

7 by which offices are selected for closure. 

8 SEC. 4. IMPROVING COMMUNICATION TO PREVENT AND 

9 RESOLVE INSTANCES OF IDENTITY THEFT. 

10 (a) NOTIFICATION SYSTEM.—Not later than 180 

11 days after the date of the enactment of this section, the 

12 Commissioner shall establish an automated notification 

13 system to alert Social Security beneficiaries of changes 

14 made to their information for direct deposit to a financial 

15 institution of their Social Security benefits in a timely 

16 manner by direct mail and, taking due precautions to en17 sure security, electronic mail. 

18 (b) SINGLE POINT OF CONTACT.—Not later than 180 

19 days after the date of the enactment of this section, the 

20 Commissioner shall establish new procedures to ensure 

21 that any Social Security beneficiary whose benefits have 

22 been delayed or otherwise adversely affected due to iden23 tity theft has a single point of contact at the Administra24 tion throughout the processing of such beneficiary’s case. 

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1 ficiary from start to finish and coordinate with other spe2 cialized units to resolve case issues as quickly as possible. 

3 SEC. 5. PROHIBITION OF THE DISPLAY, SALE, OR PUR4 CHASE OF SOCIAL SECURITY NUMBERS. 

5 (a) PROHIBITION.— 

6 (1) IN GENERAL.—Chapter 47 of title 18, 

7 United States Code, is amended by inserting after 

8 section 1028A the following: 

9 ‘‘§ 1028B. Prohibition of the display, sale, or purchase 

10 of Social Security numbers 

11 ‘‘(a) DEFINITIONS.—In this section: 

12 ‘‘(1) DISPLAY.—The term ‘display’ means to in13 tentionally communicate or otherwise make available 

14 (on the Internet or in any other manner) to the gen15 eral public an individual’s Social Security number. 

16 ‘‘(2) PERSON.—The term ‘person’ means any 

17 individual, partnership, corporation, trust, estate, co18 operative, association, or any other entity. 

19 ‘‘(3) PURCHASE.—The term ‘purchase’ means 

20 providing directly or indirectly, anything of value in 

21 exchange for a Social Security number. 

22 ‘‘(4) SALE.—The term ‘sale’ means obtaining, 

23 directly or indirectly, anything of value in exchange 

24 for a Social Security number. 


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1 ‘‘(5) STATE.—The term ‘State’ means any 

2 State of the United States, the District of Columbia, 

3 Puerto Rico, the Northern Mariana Islands, the 

4 United States Virgin Islands, Guam, American 

5 Samoa, and any territory or possession of the 

6 United States. 

7 ‘‘(b) LIMITATION ON DISPLAY.—No person may dis8 play any individual’s Social Security number to the gen9 eral public without the affirmatively expressed consent of 

10 the individual. 

11 ‘‘(c) LIMITATION ON SALE OR PURCHASE.—Except 

12 as otherwise provided in this section, no person may sell 

13 or purchase any individual’s Social Security number with14 out the affirmatively expressed consent of the individual. 

15 ‘‘(d) PREREQUISITES FOR CONSENT.—In order for 

16 consent to exist under subsection (b) or (c), the person 

17 displaying or seeking to display, selling or attempting to 

18 sell, or purchasing or attempting to purchase, an individ19 ual’s Social Security number shall— 

20 ‘‘(1) inform the individual of the general pur21 pose for which the number will be used, the types of 

22 persons to whom the number may be available, and 

23 the scope of transactions permitted by the consent; 

24 and 


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1 ‘‘(2) obtain the affirmatively expressed consent 

2 (electronically or in writing) of the individual. 

3 ‘‘(e) EXCEPTIONS.—Nothing in this section shall be 

4 construed to prohibit or limit the display, sale, or purchase 

5 of a Social Security number— 

6 ‘‘(1) required, authorized, or excepted under 

7 any Federal law; 

8 ‘‘(2) for a public health purpose, including the 

9 protection of the health or safety of an individual in 

10 an emergency situation; 

11 ‘‘(3) for a national security purpose; 

12 ‘‘(4) for a law enforcement purpose, including 

13 the investigation of fraud and the enforcement of a 

14 child support obligation; 

15 ‘‘(5) if the display, sale, or purchase of the 

16 number is for a use occurring as a result of an inter17 action between businesses, governments, or business 

18 and government (regardless of which entity initiates 

19 the interaction), including, but not limited to— 

20 ‘‘(A) the prevention of fraud (including 

21 fraud in protecting an employee’s right to em22 ployment benefits); 

23 ‘‘(B) the facilitation of credit checks or the 

24 facilitation of background checks of employees, 

25 prospective employees, or volunteers; 


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1 ‘‘(C) the retrieval of other information 

2 from other businesses, commercial enterprises, 

3 government entities, or private nonprofit orga4 nizations; or 

5 ‘‘(D) when the transmission of the number 

6 is incidental to, and in the course of, the sale, 

7 lease, franchising, or merger of all, or a portion 

8 of, a business; 

9 ‘‘(6) if the transfer of such a number is part of 

10 a data matching program involving a Federal, State, 

11 or local agency; or 

12 ‘‘(7) if such number is required to be submitted 

13 as part of the process for applying for any type of 

14 Federal, State, or local government benefit or pro15 gram; 

16 except that, nothing in this subsection shall be construed 

17 as permitting a professional or commercial user to display 

18 or sell a Social Security number to the general public. 

19 ‘‘(f) LIMITATION.—Nothing in this section shall pro20 hibit or limit the display, sale, or purchase of Social Secu21 rity numbers as permitted under title V of the Gramm22 Leach-Bliley Act, or for the purpose of affiliate sharing 

23 as permitted under the Fair Credit Reporting Act, except 

24 that no entity regulated under such Acts may make Social 

25 Security numbers available to the general public, as may 


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1 be determined by the appropriate regulators under such 

2 Acts. For purposes of this subsection, the general public 

3 shall not include affiliates or unaffiliated third-party busi4 ness entities as may be defined by the appropriate regu5 lators.’’. 

6 (2) CONFORMING AMENDMENT.—The chapter 

7 analysis for chapter 47 of title 18, United States 

8 Code, is amended by inserting after the item relating 

9 to section 1028 the following: 

‘‘1028B. Prohibition of the display, sale, or purchase of Social Security numbers.’’. 

10 (b) STUDY; REPORT.— 

11 (1) IN GENERAL.—The Attorney General shall 

12 conduct a study and prepare a report on all of the 

13 uses of Social Security numbers permitted, required, 

14 authorized, or excepted under any Federal law. The 

15 report shall include a detailed description of the uses 

16 allowed as of the date of enactment of this Act, the 

17 impact of such uses on privacy and data security, 

18 and shall evaluate whether such uses should be con19 tinued or discontinued by appropriate legislative ac20 tion. 

21 (2) REPORT.—Not later than 1 year after the 

22 date of enactment of this Act, the Attorney General 

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1 tions for legislation based on criteria the Attorney 

2 General determines to be appropriate. 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section shall take effect on the date that is 30 days 

5 after the date on which the final regulations promulgated 

6 under section 5 are published in the Federal Register. 

7 SEC. 6. CRIMINAL PENALTIES FOR THE MISUSE OF A SO8 CIAL SECURITY NUMBER. 

9 (a) PROHIBITION OF WRONGFUL USE AS PERSONAL

10 IDENTIFICATION NUMBER.—No person may obtain any 

11 individual’s Social Security number for purposes of locat12 ing or identifying an individual with the intent to phys13 ically injure, harm, or use the identity of the individual 

14 for any illegal purpose. 

15 (b) CRIMINAL SANCTIONS.—Section 208(a) of the 

16 Social Security Act (42 U.S.C. 408(a)) is amended— 

17 (1) in paragraph (8), by inserting ‘‘or’’ after 

18 the semicolon; and 

19 (2) by inserting after paragraph (8) the fol20 lowing: 

21 ‘‘(9) except as provided in subsections (e) and 

22 (f) of section 1028B of title 18, United States Code, 

23 knowingly and willfully displays, sells, or purchases 

24 (as those terms are defined in section 1028B(a) of 

25 title 18, United States Code) any individual’s Social 


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1 Security account number without having met the 

2 prerequisites for consent under section 1028B(d) of 

3 title 18, United States Code; 

4 ‘‘(10) obtains any individual’s Social Security 

5 number for the purpose of locating or identifying the 

6 individual with the intent to injure or to harm that 

7 individual, or to use the identity of that individual 

8 for an illegal purpose; or 

9 ‘‘(11) conspires to commit any offense described 

10 in any of paragraphs (1) through (4).’’. 

11 SEC. 7. PROHIBITION RELATING TO REFERENCES TO SO12 CIAL SECURITY AND MEDICARE IN ELEC13 TRONIC COMMUNICATIONS. 

14 Section 1140(a)(1) of the Social Security Act (42 

15 U.S.C. 1320b–10(a)(1)) is amended by inserting ‘‘(includ16 ing any electronic communication)’’ after ‘‘or other com17 munication’’. 

18 SEC. 8. CIVIL ACTIONS AND CIVIL PENALTIES. 

19 (a) CIVIL ACTION IN STATE COURTS.— 

20 (1) IN GENERAL.—Any individual aggrieved by 

21 an act of any person in violation of this Act or any 

22 amendments made by this Act may, if otherwise per23 mitted by the laws or rules of the court of a State, 

24 bring in an appropriate court of that State— 

25 (A) an action to enjoin such violation; 


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1 (B) an action to recover for actual mone2 tary loss from such a violation, or to receive up 

3 to $500 in damages for each such violation, 

4 whichever is greater; or 

5 (C) both such actions. 

6 It shall be an affirmative defense in any action 

7 brought under this paragraph that the defendant 

8 has established and implemented, with due care, rea9 sonable practices and procedures to effectively pre10 vent violations of the regulations prescribed under 

11 this Act. If the court finds that the defendant will12 fully or knowingly violated the regulations prescribed 

13 under this subsection, the court may, in its discre14 tion, increase the amount of the award to an amount 

15 equal to not more than 3 times the amount available 

16 under subparagraph (B). 

17 (2) STATUTE OF LIMITATIONS.—An action may 

18 be commenced under this subsection not later than 

19 the earlier of— 

20 (A) 5 years after the date on which the al21 leged violation occurred; or 

22 (B) 3 years after the date on which the al23 leged violation was or should have been reason24 ably discovered by the aggrieved individual. 


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1 (3) NONEXCLUSIVE REMEDY.—The remedy pro2 vided under this subsection shall be in addition to 

3 any other remedies available to the individual. 

4 (b) CIVIL PENALTIES.— 

5 (1) IN GENERAL.—Any person who the Attor6 ney General determines has violated any section of 

7 this Act or of any amendments made by this Act 

8 shall be subject, in addition to any other penalties 

9 that may be prescribed by law— 

10 (A) to a civil penalty of not more than 

11 $5,000 for each such violation; and 

12 (B) to a civil penalty of not more than 

13 $50,000, if the violations have occurred with 

14 such frequency as to constitute a general busi15 ness practice. 

16 (2) DETERMINATION OF VIOLATIONS.—Any 

17 willful violation committed contemporaneously with 

18 respect to the Social Security numbers of 2 or more 

19 individuals by means of mail, telecommunication, or 

20 otherwise, shall be treated as a separate violation 

21 with respect to each such individual. 

22 (3) ENFORCEMENT PROCEDURES.—The provi23 sions of section 1128A of the Social Security Act 

24 (42 U.S.C. 1320a–7a), other than subsections (a), 

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1 tence of subsection (c) of such section, and the pro2 visions of subsections (d) and (e) of section 205 of 

3 such Act (42 U.S.C. 405) shall apply to a civil pen4 alty action under this subsection in the same man5 ner as such provisions apply to a penalty or pro6 ceeding under section 1128A(a) of such Act (42 

7 U.S.C. 1320a–7a(a)), except that, for purposes of 

8 this paragraph, any reference in section 1128A of 

9 such Act (42 U.S.C. 1320a–7a) to the Secretary 

10 shall be deemed to be a reference to the Attorney 

11 General. 

Æ 


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