I 
115TH CONGRESS 
2D SESSION 
H. R. 5431 
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 
APRIL 5, 2018 
Mr. HIGGINS 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-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Social Security Admin-
istration Accountability Act of 2018’’. 
VerDate Sep 11 2014 
21:51 Apr 05, 2018
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5431.IH
H5431
khammond on DSK30JT082PROD with BILLS
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 sub-
mit an annual budget estimate for the Administration di-
rectly 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 fol-
lowing: 
‘‘(i) The total number of cases pending at each 
hearing office, listed by hearing office, and an aggre-
gate 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 law 
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 of-
fice. 
VerDate Sep 11 2014 
21:51 Apr 05, 2018
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5431.IH
H5431
khammond on DSK30JT082PROD with BILLS
‘‘(iv) The staffing levels at each hearing office 
and field office, including a listing of job titles, clas-
sifications, 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 striking ‘‘the Commissioner’’ and inserting 
the following: ‘‘the Commissioner, in consultation with rel-
evant stakeholders including employee organizations rep-
resenting employees of the Social Security Administration. 
Not later than 90 days before a revision of the comprehen-
sive 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 para-
graph (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 of-
fices of the Social Security Administration or to oth-
VerDate Sep 11 2014 
21:51 Apr 05, 2018
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5431.IH
H5431
khammond on DSK30JT082PROD with BILLS
erwise impose any new limitation on access to such 
offices. 
(2) CESSATION OF MORATORIUM UPON REPORT 
TO CONGRESS.—Paragraph (1) shall cease to be ef-
fective 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 se-
lecting field or hearing offices for closure, con-
solidation, 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 
VerDate Sep 11 2014 
21:51 Apr 05, 2018
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5431.IH
H5431
khammond on DSK30JT082PROD with BILLS
access to field or hearing offices, including any 
analysis that takes into account— 
(i) the anticipated savings resulting 
from the closure, consolidation, or limita-
tion on access; 
(ii) the anticipated costs associated 
with replacing services lost by the closure, 
consolidation, or limitation on access; 
(iii) the anticipated effects on employ-
ees 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 indi-
viduals serviced by the offices, including el-
derly and disabled citizens. 
(b) REQUIREMENTS FOR FUTURE CLOSURES, CON-
SOLIDATIONS, 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 
VerDate Sep 11 2014 
21:51 Apr 05, 2018
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5431.IH
H5431
khammond on DSK30JT082PROD with BILLS
on public access to any such office, unless the Commis-
sioner 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 limita-
tion 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 clo-
sure, consolidation, or limitation on access, the Com-
missioner conducts at least 2 public hearings (sched-
uled so that the first and last such hearings are sep-
arated by at least 10 days), at which the Commis-
sioner presents the justifications for the closure, con-
solidation, or limitation on access described in sub-
VerDate Sep 11 2014 
21:51 Apr 05, 2018
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5431.IH
H5431
khammond on DSK30JT082PROD with BILLS
paragraph (B) and provides for attendees an oppor-
tunity 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, con-
solidation, 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 limi-
tation on access, and which shall take into ac-
count— 
‘‘(I) the anticipated savings resulting from 
the closure, consolidation, or limitation on ac-
cess; 
‘‘(II) the anticipated costs associated with 
replacing services lost by the closure, consolida-
tion, or limitation on access; 
VerDate Sep 11 2014 
21:51 Apr 05, 2018
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5431.IH
H5431
khammond on DSK30JT082PROD with BILLS
‘‘(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 commu-
nication 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, consolida-
tion, 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, consolida-
tion, 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 of-
fices are located a detailed final report in support of the 
VerDate Sep 11 2014 
21:51 Apr 05, 2018
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5431.IH
H5431
khammond on DSK30JT082PROD with BILLS
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 re-
garding the closure, consolidation, or new limitation 
on access; and 
‘‘(E) such other information as the Commis-
sioner 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 lim-
itation on access. The request for the hearing shall be con-
sidered timely only if it is made not later than 30 days 
VerDate Sep 11 2014 
21:51 Apr 05, 2018
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5431.IH
H5431
khammond on DSK30JT082PROD with BILLS
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 Rep-
resentatives, the Committee on Finance of the Senate, and 
each Member of the Congress representing a State or con-
gressional 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 the 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 
VerDate Sep 11 2014 
21:51 Apr 05, 2018
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5431.IH
H5431
khammond on DSK30JT082PROD with BILLS
of the moratorium under subsection (a) of this sec-
tion. 
SEC. 4. GAO STUDY ON DISABILITY HEARINGS. 
Not later than January 1, 2019, the Comptroller 
General of the United States shall submit to Congress a 
report that describes the average length of time after a 
request for review of an initial adverse determination with 
respect to an application for a disability insurance benefit 
under title II of the Social Security Act has been made 
until a final decision is issued with respect to such applica-
tion. 
Æ 
VerDate Sep 11 2014 
21:51 Apr 05, 2018
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6301
E:\BILLS\H5431.IH
H5431
khammond on DSK30JT082PROD with BILLS