Title: Social Security Administration Fairness Act
Policy area: Social Welfare

Summary:
Social Security Administration Fairness Act
This bill (1) provides funding for certain administrative expenses of the Social Security Administration (SSA); (2) makes individuals eligible to receive Old Age, Survivors, and Disability Insurance (OASDI) benefits beginning in the first month of disability; (3) eliminates the Medicare waiting period for recipients of OASDI benefits; and (4) requires the SSA to satisfy certain public-notice and reporting requirements before closing or consolidating a field office or hearing office.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3147 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3147

To amend title II of the Social Security Act to permanently appropriate 
    funding for the administrative expenses of the Social Security 
                Administration, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 27, 2018

Mr. Sanders (for himself, Mrs. Gillibrand, Ms. Warren, Mr. Booker, Mr. 
Schatz, Mr. Merkley, and Mr. Whitehouse) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To amend title II of the Social Security Act to permanently appropriate 
    funding for the administrative expenses of the Social Security 
                Administration, 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 
Fairness Act''.

SEC. 2. FUNDING FOR ADMINISTRATIVE EXPENSES OF THE SOCIAL SECURITY 
              ADMINISTRATION.

    (a) In General.--Section 201(g)(1)(A) of the Social Security Act 
(42 U.S.C. 401(g)(1)(A)) is amended--
            (1) in the third sentence of the matter following clause 
        (ii), by striking ``the costs of the part of the administration 
        of this title, title VIII, title XVI, and title XVIII for which 
        the Commissioner of Social Security is responsible,''; and
            (2) by adding at the end the following: ``For each fiscal 
        year beginning with fiscal year 2019, there is hereby 
        appropriated to pay the costs of the part of the administration 
        of this title, title VIII, and title XVI for which the 
        Commissioner of Social Security is responsible an amount equal 
        to 1.5 percent of the sum of the amount of benefit payments 
        required to be made under this title for the fiscal year 
        involved and the amount of benefit payments expected to be paid 
        under titles VIII and XVI for the fiscal year involved, as 
        estimated by the Commissioner of Social Security. For purposes 
        of the preceding sentence, (I) the portion of the amount to be 
        appropriated for a fiscal year that is attributable to benefit 
        payments required to be made under this title shall be 
        appropriated from the Federal Old-Age and Survivors Insurance 
        Trust Fund and the Federal Disability Insurance Trust Fund in a 
        manner that ensures that the amount appropriated from each 
        Trust Fund for the year bears the same proportion to the amount 
        appropriated from both Trust Funds for the year as the amount 
        of benefit payments required to be made from such Trust Fund 
        for the year bears to the amount of benefit payments required 
        to be made from both Trust Funds for the year, and (II) the 
        portion of the amount to be appropriated for a fiscal year that 
        is attributable to benefit payments expected to be made under 
        titles VIII and XVI shall be appropriated from the general fund 
        of the Treasury. For each fiscal year beginning with fiscal 
        year 2019, there is hereby appropriated from the Federal 
        Hospital Insurance Trust Fund and the Federal Supplementary 
        Medical Insurance Trust Fund, in such proportion as the 
        Commissioner of Social Security shall determine, such sums as 
        are necessary to pay the costs of the part of the 
        administration of title XVIII for which the Commissioner is 
        responsible.''.
    (b) Removing the Limitation on the Administrative Expenses of the 
Social Security Administration From Discretionary Budget Caps, the 
Congressional Budget Resolution, the 302(a) Allocations and the 302(b) 
Suballocations.--
            (1) Exclusion of the administrative costs of social 
        security, ssi, and medicare from all budgets.--Section 13301(a) 
        of the Budget Enforcement Act of 1990 (2 U.S.C. 632 note) is 
        amended to read as follows:
    ``(a) Exclusion of the Administrative Costs of Social Security, 
SSI, and Medicare From All Budgets.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the receipts and disbursements described in paragraph (2) 
        shall not be counted as new budget authority, outlays, 
        receipts, or deficit or surplus for purposes of--
                    ``(A) the budget of the United States Government as 
                submitted by the President under section 1105 of title 
                31, United States Code;
                    ``(B) a concurrent resolution on the budget;
                    ``(C) the Balanced Budget and Emergency Deficit 
                Control Act of 1985 (2 U.S.C. 900 et seq.); or
                    ``(D) the Statutory Pay-As-You-Go Act of 2010 (2 
                U.S.C. 931 et seq.).
            ``(2) Receipts and disbursements covered.--The receipts and 
        disbursements described in this paragraph are--
                    ``(A) the receipts and disbursements of the Federal 
                Old-Age and Survivors Trust Fund and the Federal 
                Disability Insurance Trust Fund, including the costs of 
                the part of the administration of title II of the 
                Social Security Act for which the Commissioner of 
                Social Security is responsible; and
                    ``(B) the receipts and disbursements from the 
                Federal Hospital Insurance Trust Fund, the Federal 
                Supplementary Insurance Trust Fund, and amounts 
                appropriated for the Supplemental Security Income 
                program for the costs of the part of the administration 
                of titles XVI and XVIII of the Social Security Act for 
                which the Commissioner of Social Security is 
                responsible.''.
            (2) Exclusion of the administrative costs of social 
        security, ssi, and medicare from the congressional budget 
        resolution.--Section 301(a) of the Congressional Budget Act of 
        1974 (2 U.S.C. 632(a)) is amended by striking the matter 
        following paragraph (7) and inserting the following:
``The concurrent resolution shall not include in the surplus or deficit 
totals required by this subsection or in any other surplus or deficit 
totals required by this title the outlays and revenue totals of the 
program under title II of the Social Security Act, or the related 
provisions of the Internal Revenue Code of 1986, including the costs of 
the part of the administration of such title II for which the 
Commissioner of Social Security is responsible or the costs of the part 
of the administration of titles XVI and XVIII of the Social Security 
Act for which the Commissioner of Social Security is responsible.''.
            (3) Exclusion of the administrative costs of social 
        security, ssi, and medicare from congressional budget act 
        302(a) allocations.--Section 302(a)(1) of the Congressional 
        Budget Act of 1974 (2 U.S.C. 633(a)(1)) is amended by adding at 
        the end the following: ``The allocation under this paragraph 
        shall not include the outlays of the program under title II of 
        the Social Security Act, including the costs of the part of the 
        administration of such title for which the Commissioner of 
        Social Security is responsible, or the outlays for the costs of 
        the part of the administration of titles XVI and XVIII of the 
        Social Security Act for which the Commissioner of Social 
        Security is responsible.''.
            (4) Exclusion of the administrative costs of social 
        security, ssi, and medicare from the congressional budget act 
        302(b) suballocations.--Section 302(b) of the Congressional 
        Budget Act of 1974 (2 U.S.C. 633(b)) is amended by adding at 
        the end the following: ``The suballocation under this 
        subsection shall not include the outlays of the program under 
        title II of the Social Security Act, including the costs of the 
        part of the administration of such title for which the 
        Commissioner of Social Security is responsible, or the outlays 
        for the costs of the part of the administration of titles XVI 
        and XVIII of the Social Security Act for which the Commissioner 
        of Social Security is responsible.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2018.

SEC. 3. ELIMINATING THE 5-MONTH WAITING PERIOD FOR DISABILITY BENEFITS 
              AND FOR DISABLED SURVIVING SPOUSES.

    (a) In General.--Section 223(a)(1) of the Social Security Act (42 
U.S.C. 423(a)(1)) is amended in the matter following subparagraph (E)--
            (1) by inserting ``for months beginning before the date of 
        the enactment of the Social Security Administration Fairness 
        Act,'' after ``(i)'';
            (2) by striking ``or (ii)'' and inserting ``(ii), for 
        months beginning before the date of the enactment of the Social 
        Security Administration Fairness Act,''; and
            (3) by inserting ``or (iii) for months beginning on or 
        after the date of the enactment of the Social Security 
        Administration Fairness Act, for each month beginning with the 
        first month during all of which the individual is under a 
        disability and in which the individual becomes entitled to such 
        insurance benefits,'' before ``and ending''.
    (b) Disabled Surviving Spouses.--Section 202 of the Social Security 
Act (42 U.S.C. 402) is amended--
            (1) in subsection (e)(1)(F)--
                    (A) in clause (i)--
                            (i) by inserting ``for months beginning 
                        before the date of the enactment of the Social 
                        Security Administration Fairness Act,'' before 
                        ``the first month''; and
                            (ii) by striking ``, or'' and inserting a 
                        comma;
                    (B) in clause (ii)--
                            (i) by inserting ``for months beginning 
                        before the date of the enactment of the Social 
                        Security Administration Fairness Act,'' before 
                        ``the first month''; and
                            (ii) by striking ``terminated,'' and 
                        inserting ``, or''; and
                    (C) by adding at the end the following new clause:
                            ``(iii) for months beginning on or after 
                        the date of the enactment of the Social 
                        Security Administration Fairness Act, the first 
                        month during all of which she is under a 
                        disability and in which she becomes entitled to 
                        such insurance benefits,''; and
            (2) in subsection (f)(1)(F)--
                    (A) in clause (i)--
                            (i) by inserting ``for months beginning 
                        before the date of the enactment of the Social 
                        Security Administration Fairness Act,'' before 
                        ``the first month''; and
                            (ii) by striking ``, or'' and inserting a 
                        comma;
                    (B) in clause (ii)--
                            (i) by inserting ``for months beginning 
                        before the date of the enactment of the Social 
                        Security Administration Fairness Act,'' before 
                        ``the first month''; and
                            (ii) by striking ``terminated,'' and 
                        inserting ``, or''; and
                    (C) by adding at the end the following new clause:
                            ``(iii) for months beginning on or after 
                        the date of the enactment of the Social 
                        Security Administration Fairness Act, the first 
                        month during all of which he is under a 
                        disability and in which he becomes entitled to 
                        such insurance benefits,''.

SEC. 4. ELIMINATING THE 24-MONTH WAITING PERIOD FOR MEDICARE COVERAGE 
              FOR INDIVIDUALS WITH DISABILITIES.

    (a) In General.--Section 226(b) of the Social Security Act (42 
U.S.C. 426(b)) is amended--
            (1) in paragraph (2)(A), by striking ``, and has for 24 
        calendar months been entitled to,'';
            (2) in paragraph (2)(B), by striking ``, and has been for 
        not less than 24 months,'';
            (3) in paragraph (2)(C)(ii), by striking ``, including the 
        requirement that he has been entitled to the specified benefits 
        for 24 months,'';
            (4) in the first sentence, by striking ``for each month 
        beginning with the later of (I) July 1973 or (II) the twenty-
        fifth month of his entitlement or status as a qualified 
        railroad retirement beneficiary described in paragraph (2), 
        and'' and inserting ``for each month for which the individual 
        meets the requirements of paragraph (2), beginning with the 
        month following the month in which the individual meets the 
        requirements of such paragraph, and''; and
            (5) in the second sentence, by striking ``the `twenty-fifth 
        month of his entitlement''' and all that follows through 
        ``paragraph (2)(C) and''.
    (b) Conforming Amendments.--
            (1) Section 226.--Section 226 of the Social Security Act 
        (42 U.S.C. 426) is amended by--
                    (A) striking subsections (e)(1)(B), (f), and (h); 
                and
                    (B) redesignating subsections (g) and (i) as 
                subsections (f) and (g), respectively.
            (2) Medicare description.--Section 1811(2) of the Social 
        Security Act (42 U.S.C. 1395c(2)) is amended by striking ``have 
        been entitled for not less than 24 months'' and inserting ``are 
        entitled''.
            (3) Medicare coverage.--Section 1837(g)(1) of the Social 
        Security Act (42 U.S.C. 1395p(g)(1)) is amended by striking 
        ``25th month of'' and inserting ``month following the first 
        month of''.
            (4) Railroad retirement system.--Section 7(d)(2)(ii) of the 
        Railroad Retirement Act of 1974 (45 U.S.C. 231f(d)(2)(ii)) is 
        amended--
                    (A) by striking ``has been entitled to an annuity'' 
                and inserting ``is entitled to an annuity'';
                    (B) by striking ``, for not less than 24 months''; 
                and
                    (C) by striking ``could have been entitled for 24 
                calendar months, and''.
    (c) Effective Date.--The amendments made by this section shall 
apply to insurance benefits under title XVIII of the Social Security 
Act with respect to items and services furnished on or after the date 
of the enactment of this Act.

SEC. 5. CLOSURE OF FIELD AND HEARING OFFICES AND RESIDENT OR RURAL 
              CONTACT STATIONS.

    (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;
                            (iv) how the loss of access resulting from 
                        the closure, consolidation, or limitation on 
                        access will be replaced by the establishment of 
                        a new field or hearing office, increased access 
                        at a different office, or some other means, and 
                        the factors considered by the Commissioner in 
                        determining how to replace such lost access; 
                        and
                            (v) 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), (4), and (5) 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;
            ``(ii) the public notice issued pursuant to clause (i) 
        includes information on--
                    ``(I) how the Commissioner will, not later than 30 
                days after the date of the closure, consolidation, or 
                limitation on access, replace the loss in access 
                resulting from the closure, consolidation, or 
                limitation on access by establishing a new office, 
                increasing public access to a different office, or some 
                other means; and
                    ``(II) how to contact the Administration if an 
                individual experiences service delays or problems as a 
                result of the closure, consolidation, or limitation on 
                access; and
            ``(iii) 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)(iii) 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)(iii) 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 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.
    ``(5) The requirement of this paragraph is met in connection with a 
closure, consolidation, or limitation on access referred to in 
paragraph (1) only if such closure, consolidation, or limitation on 
access will not result in the total number of field or hearing offices 
of the Administration falling below the total number of such offices 
that were in operation on September 30, 2018.''.
            (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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