No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2763 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2763
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
September 10, 2025
Mr. Sanders (for himself, Mr. Wyden, Mr. Schumer, Mr. Blumenthal, Mrs.
Gillibrand, Ms. Smith, Ms. Warren, Mr. Reed, Mr. Kim, Mr. Markey, Mr.
King, Mr. Welch, Ms. Klobuchar, Mr. Coons, Ms. Baldwin, Ms. Hirono, Mr.
Padilla, Mr. Durbin, Mr. Hickenlooper, Mr. Van Hollen, Mr. Merkley, Mr.
Whitehouse, Mr. Kaine, Mr. Gallego, Mr. Bennet, Mr. Booker, Mrs.
Murray, Mr. Warner, Ms. Alsobrooks, and Mr. Heinrich) 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Keep Billionaires
Out of Social Security Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Exempting Social Security from the jurisdiction of the
Department of Government Efficiency (DOGE)
and the application of certain executive
orders.
Sec. 3. Access by political appointees and special government
employees.
Sec. 4. Limitations on authority of Social Security Administration to
except positions from competitive service
and transfer positions.
Sec. 5. Requiring that only deceased individuals be added to the Death
Master File.
Sec. 6. Closure of field and hearing offices and resident or rural
contact stations.
Sec. 7. Reestablishing the Offices of Civil Rights and Equal
Opportunity, Transformation, and Analytics,
Review, and Oversight.
Sec. 8. Funding for administrative expenses of the Social Security
Administration.
Sec. 9. Additional funding to improve Social Security customer
experience.
Sec. 10. Codification of former policy regarding recovery of Social
Security overpayments.
Sec. 11. State grants to protect the legal rights of SSI and SSDI
applicants and beneficiaries.
Sec. 12. Social Security assistance and representation grants.
SEC. 2. EXEMPTING SOCIAL SECURITY FROM THE JURISDICTION OF THE
DEPARTMENT OF GOVERNMENT EFFICIENCY (DOGE) AND THE
APPLICATION OF CERTAIN EXECUTIVE ORDERS.
(a) In General.--With respect to the agencies, personnel, systems,
and benefits and programs described in subsection (b)--
(1) DOGE shall have no authority or jurisdiction; and
(2) the Executive orders described in subsection (c) shall
not apply.
(b) Covered Agencies, Personnel, Systems, and Benefits and
Programs.--The agencies, personnel, systems, and benefits and programs
described in this subsection are the Social Security Administration,
any officer or employee of the Social Security Administration, the
data, information technology, and operating systems of the Social
Security Administration, and any benefits or program administered by
the Social Security Administration, including the Old-Age and Survivors
Insurance and Disability Insurance programs and associated benefits
under title II of the Social Security Act (42 U.S.C. 401 et seq.).
(c) Executive Orders.--The Executive orders described in this
subsection are--
(1) Executive Orders 14158, 14210, 14219, and 14222 (90
Fed. Reg. 8441, 9669, 10583, 11095); and
(2) any other Executive order relating to any entity
described in paragraph (1), (2), (3), or (5).
(d) DOGE.--For purposes of this section, the term ``DOGE'' means--
(1) the United States DOGE Service;
(2) the United States DOGE Service Temporary Organization;
(3) any DOGE team (as defined in any of the Executive
orders described in subsection (c)(1));
(4) any entity established in accordance with, or to
implement, any Executive order described in subsection (c); and
(5) any successor entity to an entity described in
paragraphs (1) through (4).
SEC. 3. ACCESS BY POLITICAL APPOINTEES AND SPECIAL GOVERNMENT
EMPLOYEES.
(a) In General.--Section 1106 of the Social Security Act (42 U.S.C.
1306) is amended by adding after subsection (g) the following new
subsections:
``(h) Access by Political Appointees and Special Government
Employees.--
``(1) In general.--
``(A) Prohibition on access to beneficiary data
systems.--Notwithstanding any other subsection of this
section, an individual who is a political appointee (as
that term is defined in section 4(a) of the Edward
`Ted' Kaufman and Michael Leavitt Presidential
Transitions Improvements Act of 2015 (5 U.S.C. 3101
note)) or a special government employee (as that term
is defined in section 202(a) of title 18, United States
Code) may not access a beneficiary data system.
``(B) Exception.--Subparagraph (A) shall not apply
with respect to a political appointee or special
government employee who has been appointed to, or is
employed in, a position within the Social Security
Administration with responsibility to research,
analyze, or improve the delivery of benefits to program
recipients.
``(2) Beneficiary data system defined.--In this section,
the term `beneficiary data system' means a system that is
maintained by the Social Security Administration for the
purposes of administering this Act that--
``(A) issues or records social security account
numbers;
``(B) is used to determine eligibility for benefits
under this Act;
``(C) to pay benefits under this Act; or
``(D) otherwise contains records of personally
identifiable information, personal health information,
or Federal tax information of individuals receiving or
applying for a benefit under this Act.
``(i) Civil Penalties.--
``(1) In general.--
``(A) Disclosure or access by employee of united
states.--If any officer or employee of the United
States negligently discloses or accesses any
information that pertains to an individual in violation
of any provision of subsection (a) or (h), such
individual may bring a civil action for damages against
the United States in a district court of the United
States.
``(B) Disclosure or access by a person who is not
an employee of united states.--If any person who is not
an officer or employee of the United States negligently
discloses or accesses any information that pertains to
an individual in violation of any provision of
subsection (a) or (h), such individual may bring a
civil action for damages against such person in a
district court of the United States.
``(2) Exceptions.--No liability shall arise under this
section with respect to any disclosure or access--
``(A) which results from a good faith, but
erroneous, interpretation of subsection (a) or (h); or
``(B) which is requested by the individual.
``(3) Damages.--In any action brought under paragraph (1),
upon a finding of liability on the part of the defendant, the
defendant shall be liable to the plaintiff in an amount equal
to the sum of--
``(A) the greater of--
``(i) $5,000 for each act of unauthorized
access or disclosure with respect to which such
defendant is found liable; or
``(ii) the sum of--
``(I) the actual damages sustained
by the plaintiff as a result of such
unauthorized access or disclosure, plus
``(II) in the case of a willful
access or disclosure or an access or
disclosure which is the result of gross
negligence, punitive damages,
``(B) the costs of the action, plus
``(C) reasonable attorneys fees, except that if the
defendant is the United States, reasonable attorneys
fees may be awarded only if the plaintiff is the
prevailing party.
``(4) Period for bringing action.--Notwithstanding any
other provision of law, an action to enforce any liability
created under this section may be brought, without regard to
the amount in controversy, at any time within 5 years after the
date of discovery by the plaintiff of the unauthorized
disclosure or access.
``(j) Criminal Penalties.--It shall be unlawful for any officer or
employee of the United States to willfully to disclose to any person
any information that pertains to an individual in violation of any
provision of subsection (a) or (h). Any violation of this subsection
shall be a felony punishable upon conviction by a fine in any amount
not exceeding $10,000, or imprisonment of not more than 5 years, or
both, together with the costs of prosecution, and, in addition to any
other punishment, such officer or employee shall be dismissed from
office or discharged from employment upon conviction for such offense.
``(k) Investigation and Report.--
``(1) Investigation.--The Inspector General of the Social
Security Administration shall investigate each disclosure in
violation of subsection (a) and each access of a beneficiary
data system in violation of subsection (h).
``(2) Treatment of disclosure or access.--For the purposes
of this subsection, the Inspector General may, if the Inspector
General determines appropriate, treat a series of violations of
subsection (a) or (h) as a single violation.
``(3) Report.--Not later than 30 days after the Inspector
General becomes aware of a violation of subsection (a) or (h),
the Inspector General shall submit to Congress a report on such
violation, which shall include--
``(A) a detailed description of the violation;
``(B) a risk assessment of any threat to the
privacy of any individual whose information was
disclosed or accessed, national security,
cybersecurity, or the integrity of the applicable
beneficiary data system as a result of the violation;
and
``(C) a detailed description of any stopped payment
during the unauthorized use or access.''.
(b) Privacy Regulations.--Notwithstanding this section and the
amendments made by this section, part 401 of title 20 of the Code of
Federal Regulations, as in effect on January 19, 2025, shall have the
force and effect of law.
(c) GAO Study and Interim Reports.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller of the United States
shall submit to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives a
report including the following information:
(A) The results of a study on the effects of the
changes made to section 1106 of the Social Security Act
(42 U.S.C. 1306) by this section and any subsequently
enacted law.
(B) Any civil actions brought under subsection (i)
of section 1106 of such Act, as added by subsection
(a), including the results of such civil action.
(C) A summary of any investigations conducted under
subsection (k) of section 1106 of such Act, as added by
subsection (a).
(D) Any convictions for a violation of subsection
(a) or (h) of section 1106 of such Act under subsection
(j) of such Act, as added by subsection (a).
(2) Interim reports.--Not later than 1 month after the date
of enactment of this Act, and monthly thereafter until such
time as the report required under paragraph (1) is submitted,
the Comptroller of the United States shall submit to the
Committee on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate an interim report on the
information required under paragraph (1), including the status
of the study described in subparagraph (A) of such paragraph.
(d) Effective Date.--The amendments made by subsections (a) and (b)
of this section shall apply to violations of section 1106 of the Social
Security Act occurring on or after the date of enactment of this Act.
SEC. 4. LIMITATIONS ON AUTHORITY OF SOCIAL SECURITY ADMINISTRATION TO
EXCEPT POSITIONS FROM COMPETITIVE SERVICE AND TRANSFER
POSITIONS.
(a) Definitions.--In this section--
(1) the term ``Administration'' means the Social Security
Administration;
(2) the term ``Commissioner'' means the Commissioner of
Social Security;
(3) the term ``competitive service'' has the meaning given
the term in section 2102 of title 5, United States Code;
(4) the term ``Director'' means the Director of the Office
of Personnel Management; and
(5) the term ``excepted service'' has the meaning given the
term in section 2103 of title 5, United States Code.
(b) Limitations.--A position in the competitive service in the
Administration may not be excepted from the competitive service unless
that position is placed--
(1) in any of schedules A through E, as described in
section 6.2 of title 5, Code of Federal Regulations, as in
effect on September 30, 2020; and
(2) under the terms and conditions under part 6 of title 5,
Code of Federal Regulations, as in effect on September 30,
2020.
(c) Transfers.--
(1) Within excepted service.--A position in the excepted
service in the Administration may not be transferred to any
schedule other than a schedule described in subsection (b)(1).
(2) OPM consent required.--The Commissioner may not
transfer any occupied position in the Administration from the
competitive service or the excepted service into schedule C of
subpart C of part 213 of title 5, Code of Federal Regulations,
or any successor regulations, without the prior consent of the
Director.
(3) Limit during presidential term.--During any 4-year
presidential term, the Commissioner may not transfer from a
position in the competitive service in the Administration to a
position in the excepted service in the Administration the
greater of the following:
(A) A total number of employees that is more than 1
percent of the total number of employees employed by
the Administration, as of the first day of that
presidential term.
(B) 5 employees.
(4) Employee consent required.--Notwithstanding any other
provision of this section--
(A) an employee who occupies a position in the
excepted service in the Administration may not be
transferred to an excepted service schedule other than
the schedule in which that position is located without
the prior written consent of the employee; and
(B) an employee who occupies a position in the
competitive service in the Administration may not be
transferred to the excepted service without the prior
written consent of the employee.
(d) Report.--Not later than March 15 of each calendar year, the
Director shall submit to Congress a report on the immediately preceding
calendar year that lists--
(1) each position in the Administration that, during the
year covered by the report, was transferred from the
competitive service to the excepted service and a justification
as to why each such position was so transferred; and
(2) any violation of this section that occurred during the
year covered by the report.
(e) Regulations.--Not later than 90 days after the date of
enactment of this Act, the Director shall issue regulations to
implement this section.
SEC. 5. REQUIRING THAT ONLY DECEASED INDIVIDUALS BE ADDED TO THE DEATH
MASTER FILE.
Section 205(r) of the Social Security Act (42 U.S.C. 405(r)) is
amended--
(1) in paragraph (7)--
(A) in the matter preceding subparagraph (A), by
striking ``may'' and inserting ``shall'';
(B) in subparagraph (A), by striking ``and'';
(C) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following new
subparagraph:
``(C) notify any agency that has a cooperative
arrangement with the Commissioner of Social Security
under paragraph (3) or (11) of the error.''; and
(2) by adding at the end the following new paragraph:
``(12) The Commissioner of Social Security may not record a death
to a record that may be provided under this section for any individual
unless the Commissioner of Social Security has found it has clear and
convincing evidence to support that the individual should be presumed
to be deceased.''.
SEC. 6. CLOSURE OF FIELD AND HEARING OFFICES AND RESIDENT OR RURAL
CONTACT STATIONS.
(a) 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:
``Access to Field and Hearing Offices and Live Telephone Operator
Services
``(f)(1) The Commissioner of Social Security shall--
``(A) maintain, at a minimum, the same number of field and
hearing offices of the Social Security Administration that
existed on January 1, 2025;
``(B) not close, or reduce the level of services provided
by, any field office, hearing office, or resident station of
the Administration that existed on January 1, 2025, except in
the case of a short-term emergency or relocation;
``(C) maintain meaningful and efficient access to live
operator assistance; and
``(D) not later than 12 months after the date of enactment
of the Keep Billionaires Out of Social Security Act,
significantly improve telephone wait times, callback times, and
average service times for beneficiaries and applicants, as
compared to the average levels for such times during calendar
year 2024.
``(2) The Commissioner may make recommendations to Congress
proposing field or hearing office location changes, consolidations, or
closures from time to time.
``(3) The Commissioner may--
``(A) establish new field or hearing offices in addition to
those that existed on January 1, 2025; and
``(B) expand the level of services offered by a field or
hearing office beyond what such office offered on January 1,
2025.
``(4) The Commissioner shall not limit public access to any field
or hearing office of the Administration, or the staff of any such
office, that existed on January 1, 2025.
``(5) The Commissioner shall not reduce the number of employees of
the Administration (as determined on an annual basis) below the number
of employees of the Administration that were employed during calendar
year 2024.
``(6) The Administration shall not be subject to any hiring freeze,
hiring prohibition, reduction in force order, or similar policy, and,
notwithstanding any such freeze, prohibition, order, or policy, the
Commissioner shall have the authority to hire new employees if the
Commissioner deems it necessary to improve services provided by the
Administration to beneficiaries and applicants of the programs
established under this Act.
``(7) The Commissioner shall establish an online option, in
accessible formats, for beneficiaries and applicants to apply, make
benefit claims, and make changes to direct deposit information.''.
(b) Retroactive Application.--The amendment made by this section
shall take effect as if enacted on January 1, 2025, and any actions
taken by the Commissioner of Social Security or any other officer of
the executive branch that are inconsistent with such amendment shall be
reversed.
SEC. 7. REESTABLISHING THE OFFICES OF CIVIL RIGHTS AND EQUAL
OPPORTUNITY, TRANSFORMATION, AND ANALYTICS, REVIEW, AND
OVERSIGHT.
Section 702 of the Social Security Act (42 U.S.C. 902) is amended
by adding at the end the following new subsections:
``(f) Civil Rights and Equal Opportunity.--
``(1) In general.--There shall be in the Administration an
Office of Civil Rights and Equal Opportunity. The head of the
Office of Civil Rights and Equal Opportunity shall be the
Deputy Commissioner of Civil Rights, who shall--
``(A) be appointed by the Commissioner;
``(B) as of the date on which the appointment
described in subparagraph (A) is made, be serving as a
career appointee (as defined in section 3132(a) of
title 5, United States Code) in the Social Security
Administration; and
``(C) exercise such duties as are appropriate for
the Office of Civil Rights and Equal Opportunity of the
Administration and in accordance with Federal civil
rights laws.
``(2) Responsibilities.--The Office of Civil Rights and
Equal Opportunity shall be responsible for the management of
the Administration's programs of civil rights and equal
opportunity, including the development of the Administration's
civil rights and equal opportunity policies, regulations,
procedures, and enforcement of the Americans with Disabilities
Act of 1990 and sections 501, 504, and 505 of the
Rehabilitation Act of 1973 pertaining to the development of
affirmative action employment and equal opportunity programs to
cultivate a diverse and inclusive environment, which shall
include--
``(A) planning, implementing, and directing
programs designed to ensure equal opportunity in
employment for all employees regardless of race, color,
national origin, religion, age, disability, genetic
information, or sex;
``(B) processing, adjudicating, and resolving
complaints of discrimination in compliance with all
applicable laws, regulations, and other guidance issued
by the Equal Employment Opportunity Commission;
``(C) directing and managing the Administration's
reasonable accommodation program for employees with
disabilities; and
``(D) developing and maintaining all necessary
information systems to manage the Administration's
equal opportunity programs, develop reliable
statistical data analyses, and track workloads.
``(g) Transformation.--There shall be in the Administration an
Office of Transformation. The head of the Office of Transformation
shall be the Deputy Commissioner of Transformation, who shall--
``(1) be appointed by the Commissioner;
``(2) as of the date on which the appointment described in
paragraph (1) is made, be serving as a career appointee (as
defined in section 3132(a) of title 5, United States Code) in
the Social Security Administration; and
``(3) exercise such duties as are appropriate for the
Office of Transformation of the Administration, which shall
include strategic guidance and oversight of the
Administration's initiatives, addressing policies, business
processes, and systems, including customer service-related
systems and projects and resolving delays and ensure successful
implementation of such systems and projects.
``(h) Analytics, Review, and Oversight.--There shall be in the
Administration an Office of Analytics, Review, and Oversight. The head
of the Office of Analytics, Review, and Oversight shall be the Deputy
Commissioner of Analytics, Review, and Oversight, who shall--
``(1) be appointed by the Commissioner;
``(2) as of the date on which the appointment described in
paragraph (1) is made, be serving as a career appointee (as
defined in section 3132(a) of title 5, United States Code) in
the Social Security Administration;
``(3) exercise such duties as are appropriate for the
Office of Analytics, Review, and Oversight of the
Administration which shall include reviewing program quality
and effectiveness, making recommendations for program
improvement, and coordinating the detection and prevention of
fraud.''.
SEC. 8. 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 2026, 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 1.2 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 Chief Actuary of the Social Security
Administration. 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 such proportion as the Commissioner of
Social Security shall determine, 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 2026, there is hereby appropriated from the Federal
Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund, in such proportion as the
Administrator of the Centers for Medicare & Medicaid Services
shall determine, such sums as are necessary to pay the costs of
the part of the administration of title XVIII for which the
Commissioner of Social Security 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 parts of 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 Parts of Medicare From All Budgets.--
``(1) In general.--Notwithstanding any other provision of
law, the receipts and disbursements described in paragraph (2)
and the costs of program integrity activities described in
paragraph (3) 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 and for benefits paid to certain World War II
veterans under title VIII of the Social Security Act
for the costs of the part of the administration of
titles VIII, XVI, and XVIII of such Act for which the
Commissioner of Social Security is responsible.
``(3) Program integrity activities.--The costs of program
integrity activities described in this paragraph are costs
associated with--
``(A) continuing disability reviews under titles II
and XVI of the Social Security Act;
``(B) conducting redeterminations of eligibility
under title XVI of such Act;
``(C) cooperative disability investigation units;
and
``(D) the prosecution of fraud in the programs and
operations of the Social Security Administration by
Special Assistant United States Attorneys.''.
(2) Exclusion of the administrative costs of social
security, ssi, and parts of 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 parts of 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 parts of 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) Rule of Construction.--Nothing in this section, or the
amendments made by this section, shall be construed to reduce or
eliminate the authority of the Committees on Appropriations of the
House of Representatives and the Senate to oversee or direct outlays
for the costs of the part of the administration under title II of the
Social Security Act, 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.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2025.
SEC. 9. ADDITIONAL FUNDING TO IMPROVE SOCIAL SECURITY CUSTOMER
EXPERIENCE.
(a) In General.--There are appropriated to the Commissioner of
Social Security (referred to in this section as the ``Commissioner'')
for the period of fiscal year 2026 through fiscal year 2035, out of any
money in the Treasury not otherwise appropriated, $2,000,000,000, to
remain available until expended, to be used by the Commissioner for the
following purposes:
(1) To conduct efforts to increase awareness of eligibility
for supplemental security income benefits among families with
children who may be eligible for such benefits, with such
efforts to be conducted throughout the United States to ensure
families of children with disabilities have awareness of the
program, its eligibility standards, and how to apply.
(2) To reduce the initial disability insurance benefit
claims backlog and other disability insurance benefit
workloads, as well as backlogs and workloads relating to claims
for benefits under title II or XVI of the Social Security Act
which involve a disability determination (including appeals),
including by directing resources and workload assistance to
areas with the greatest need.
(3) Maintaining, expanding, modernizing, or enhancing the
information technology capabilities and infrastructure of the
Social Security Administration, while ensuring that delivery of
benefits continues uninterrupted.
(4) Increasing the menu of services that can be performed
online, including an application for benefits under title XVI
of the Social Security Act.
(b) Reports to Congress.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the Commissioner shall
submit to Congress a report on the actions being undertaken by the
Social Security Administration to address the issues described in
paragraphs (1) through (4) of subsection (a).
SEC. 10. CODIFICATION OF FORMER POLICY REGARDING RECOVERY OF SOCIAL
SECURITY OVERPAYMENTS.
(a) In General.--Section 204(a)(1)(A) of the Social Security Act
(42 U.S.C. 404(a)(1)(A)) is amended--
(1) by striking ``With respect to payment'' and inserting
``(i) Subject to clause (ii), with respect to payment''; and
(2) by adding at the end the following new clause:
``(ii)(I) With respect to adjustment or recovery on
account of an overpayment pursuant to clause (i), the
amount of any monthly benefit payable to such person
under this title shall be decreased by the Commissioner
of Social Security by an amount equal to the greater
of--
``(aa) 10 percent of such monthly benefit,
or
``(bb) $10.
``(II) Subclause (I) shall not apply in the case of
a person who--
``(aa) received payment of more than the
correct amount as a result of fraud or similar
fault (as defined in section 205(u)(2)), or
``(bb) elects to waive application of such
subclause and requests that the Commissioner of
Social Security impose a greater decrease in
the amount of monthly benefits payable to such
person under this title than the amount
otherwise determined under such subclause.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to overpayment determinations made on or after March
25, 2024, and to any other overpaid amounts that have not been
recovered as of such date.
SEC. 11. STATE GRANTS TO PROTECT THE LEGAL RIGHTS OF SSI AND SSDI
APPLICANTS AND BENEFICIARIES.
Title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is
amended by inserting after section 1150C the following new section:
``SEC. 1150D. STATE GRANTS TO PROTECT THE LEGAL RIGHTS OF SUPPLEMENTAL
SECURITY AND DISABILITY INSURANCE APPLICANTS AND
BENEFICIARIES.
``(a) In General.--The Commissioner may make payments in each State
to the protection and advocacy system established pursuant to part C of
title I of the Developmental Disabilities Assistance and Bill of Rights
Act for the purpose of protecting the legal rights of beneficiaries
with a disability.
``(b) Services Provided.--Services provided to beneficiaries with a
disability pursuant to a payment made under this section may include--
``(1) information and advice about accessing and applying
for benefits under title II or title XVI on the basis of a
disability and appealing eligibility decisions with respect to
such benefits;
``(2) advocacy and other services that a beneficiary with a
disability may need related to such benefits; and
``(3) services described in section 1150(b).
``(c) Application.--In order to receive payments under this
section, a protection and advocacy system shall submit an application
to the Commissioner, at such time, in such form and manner, and
accompanied by such information and assurances as the Commissioner may
require.
``(d) Amount of Payments.--
``(1) In general.--Subject to the amount appropriated for a
fiscal year for making payments under this section, a
protection and advocacy system shall not be paid an amount that
is less than--
``(A) in the case of a protection and advocacy
system located in one of the 50 States, the District of
Columbia, or Puerto Rico, $200,000; and
``(B) in the case of a protection and advocacy
system located in Guam, American Samoa, the United
States Virgin Islands, or the Commonwealth of the
Northern Mariana Islands, $100,000.
``(2) Inflation adjustment.--For each fiscal year in which
the total amount appropriated to carry out this section exceeds
the total amount appropriated to carry out this section in the
preceding fiscal year, the Commissioner shall increase each
minimum payment under subparagraphs (A) and (B) of paragraph
(1) by a percentage equal to the percentage increase in the
total amount so appropriated to carry out this section.
``(e) Annual Report.--Each protection and advocacy system that
receives a payment under this section shall submit an annual report to
the Commissioner on the services provided to individuals by the system.
``(f) Funding.--
``(1) Allocation of payments.--Payments under this section
shall be made from amounts made available for the
administration of title II and amounts made available for the
administration of title XVI, and shall be allocated among those
amounts as appropriate.
``(2) Carryover.--Any amounts allotted for payment to a
protection and advocacy system under this section for a fiscal
year shall remain available for payment to or on behalf of the
protection and advocacy system until the end of the succeeding
fiscal year.
``(g) Definitions.--In this section:
``(1) Beneficiary with a disability.--The term `beneficiary
with a disability' means an individual who--
``(A) is a title II disability beneficiary or a
title XVI disability beneficiary (as such terms are
defined under section 1148(k));
``(B) is an applicant or prospective applicant for
benefits under title II or title XVI on the basis that
such individual has a disability;
``(C) is requesting a hearing under section 221(d)
or for an administrative review prior to such hearing;
or
``(D) is filing a request for reinstatement of
entitled under section 223(i)(1)(A).
``(2) Commissioner.--The term `Commissioner' means the
Commissioner of Social Security.
``(3) Protection and advocacy system.--The term `protection
and advocacy system' means a protection and advocacy system
established pursuant to part C of title I of the Developmental
Disabilities Assistance and Bill of Rights Act.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $25,000,000 for each of fiscal
years 2026 through 2030.''.
SEC. 12. SOCIAL SECURITY ASSISTANCE AND REPRESENTATION GRANTS.
(a) In General.--For each fiscal year during the 5-year period
beginning with fiscal year 2026, the Commissioner shall award not less
than 10 grants under this section to community-based organizations for
the purpose of assisting individuals with disabilities--
(1) during the process of applying for benefits under title
II or XVI of the Social Security Act (42 U.S.C. 401 et seq.,
1381 et seq.) on the basis of a disability;
(2) any appeals processes before the Commissioner, an
administrative judge of the Social Security Administration, or
a State Disability Determination Services office; and
(3) in accessing such benefits.
(b) Grant Requirements.--
(1) Duration and amount of grants.--A grant awarded to a
community-based organization under this section--
(A) shall be for an amount that is not less than
$500,000; and
(B) shall be for a period of 5 years.
(2) Use of funds.--Grant funds shall only be used for a
purpose described in subsection (a).
(c) Application.--
(1) In general.--To receive a grant under this section, a
community-based organization shall submit an application to the
Commissioner, at such time and in such form and manner and
accompanied by such information and assurances as the
Commissioner may require.
(2) Required information.--An application for a grant under
this section shall include the following information:
(A) The region to be served by the applicant.
(B) A description of the needs of beneficiaries
with a disability in such region.
(C) A description of services to be provided under
such grant.
(D) The personnel that would provide such services.
(E) The applicant's plan for disseminating
awareness of the services provided under the grant to
beneficiaries with a disability in the region.
(3) Memorandum of understanding.--An application for a
grant under this section shall include a memorandum of
understanding among any collaborating entities as to roles and
allocation of grant funds for each collaborating agency.
(4) Assurance of availability.--An application for a grant
under this section shall include a commitment by the applicant
that all services provided under the grant, including
information about such services, shall be accessible to
beneficiaries with a disability.
(d) Definitions.--
(1) Beneficiary with a disability.--The term ``beneficiary
with a disability'' has the meaning given such term in section
1150D of the Social Security Act (as added by section 14).
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of Social Security.
(3) Community-based organization.--The term ``community-
based organization'' means a non-profit agency or collaboration
of non-profit agencies that--
(A) serves a region of one or more States;
(B) includes--
(i) a legal team of lawyers licensed to
practice in the State or States served by the
organization;
(ii) experts in disability benefits
provided under title II and XVI of the Social
Security Act (42 U.S.C. 401 et seq., 1381 et
seq.), including application, and appeals
procedures under such titles; and
(iii) individuals currently receiving
benefits on the basis of a disability under
such a title, or who were beneficiaries under
such a title on the basis of a disability
within the past 5 years; and
(C) is overseen by a board or advisory group
composed of at least \1/3\ members who are current or
former beneficiaries on the basis of a disability under
title II or XVI of the Social Security Act.
(4) State.--The term ``State'' means the 50 States, the
District of Columbia, Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana
Islands.
(e) Appropriation.--There is appropriated to the Commissioner, for
each of fiscal years 2026 through 2030, $15,000,000 for the purpose of
carrying out this section.
(f) Reports.--
(1) In general.--Each community-based organization that
receives a grant under this sections shall provide the
Commissioner with--
(A) for each year of the grant period, an annual
report on the services provided; and
(B) at the conclusion of the grant period, a final
report of activities provided under the grant.
(2) Evaluation grant.--From the administrative funds of
title II and title XVI, there shall be awarded an evaluation
grant to an independent entity to evaluate the impact of the
grants under this section. The amount to be awarded to the
evaluation entity shall be at least $500,000 for each of the 5
years of the grant period and at least $500,000 for the 2 years
following the grant period.
<all>
Introduced in Senate
Read twice and referred to the Committee on Finance.
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