Keep Billionaires Out of Social Security Act
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.
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
“(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.”
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
“(C) notify any agency that has a cooperative arrangement with the Commissioner of Social Security under paragraph (3) or (11) of the error.”
“(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
“(f) Access to Field and Hearing Offices and Live Telephone Operator Services
“(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.”
Sec. 7 Reestablishing the Offices of Civil Rights and Equal Opportunity, Transformation, and Analytics, Review, and Oversight
“(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) 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.”
Sec. 9 Additional funding to improve Social Security customer experience
Sec. 10 Codification of former policy regarding recovery of Social Security overpayments
“(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.”
Sec. 11 State grants to protect the legal rights of SSI and SSDI applicants and beneficiaries
“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.”