S.Amdt. 2755

SA 2755. Mr. LANKFORD submitted an amendment intended to be proposed
by him to the bill H.R. 1314, to amend the Internal Revenue Code of
1986 to provide for a right to an administrative appeal relating to
adverse determinations of tax-exempt status of certain organizations;
which was ordered to lie on the table; as follows:

Strike title VIII and insert the following:

TITLE VIII--SOCIAL SECURITY

Subtitle A--Protecting the Disability Insurance Trust Fund

SEC. 801. UPDATE AND ADJUSTMENT OF THE SOCIAL SECURITY
DISABILITY INSURANCE MEDICAL-VOCATIONAL
GUIDELINES.

(a) In General.--
(1) Age criteria.--Notwithstanding appendix 2 to subpart P
of part 404 of title 20, Code of Federal Regulations, with
respect to disability determinations or reviews made on or
after the date that is 1 year after the date of the enactment
of this Act, age shall not be considered as a vocational
factor for any individual who has not attained the age that
is 12 years less than the retirement age for such individual
(as defined in section 216(l)(1) of the Social Security Act
(42 U.S.C. 416(l)).
(2) Work which exists in the national economy.--With
respect to disability determinations or reviews made on or
after the date of the enactment of this Act, in determining
whether an individual is able to engage in any work which
exists in the national economy (as defined in section
223(d)(2)(A) of the Social Security Act (42 U.S.C.
423(d)(2)(A)), the Commissioner of Social Security shall
consider the share and ages of individuals currently
participating in the labor force and the number and types of
jobs available in the current economy.
(b) Updating the Medical-vocational Guidelines and Data on
Work Which Exists in National Economy.--
(1) In general.--Subject to paragraph (2), not later than 2
years after the date of the enactment of this Act, and every
10 years thereafter, the Commissioner of Social Security
shall prescribe rules and regulations that update the
medical-vocational guidelines, as set forth in appendix 2 to
subpart P of part 404 of title 20, Code of Federal
Regulations, used in disability determinations.
(2) Jobs in the national economy.--Not later than 2 years
after the date of the enactment of this Act, and every year
thereafter, the Commissioner of Social Security shall update
the data used by the Commissioner to determine the jobs which
exist in the national economy to ensure that such data
reflects the full range of work which exists in the national
economy, including newly-created jobs in emerging industries.

SEC. 802. MANDATORY COLLECTION OF NEGOTIATED CIVIL MONETARY
PENALTIES.

Section 1129(i)(2) of the Social Security Act (42 U.S.C.
1320a-8(i)(2)) is amended by inserting ``and shall delegate
authority for collecting civil money penalties and
assessments negotiated under this section to the Inspector
General'' before the period.

SEC. 803. REQUIRED ELECTRONIC FILING OF WAGE WITHHOLDING
RETURNS.

(a) In General.--Paragraph (2) of section 6011(e) of the
Internal Revenue Code of 1986 is amended--
(1) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively,
(2) by inserting before subparagraph (B), as so
redesignated, the following new subparagraph:
``(A) shall--
``(i) require any person that is required to file a return
containing information described in section 6051(a) to file
such return on magnetic media, and
``(ii) provide for waiver of the requirements of clause (i)
in the case of demonstrated hardship for--

``(I) for any period before January 1, 2020, a person
having 25 or fewer employees, and
``(II) for any period after December 31, 2019, a person
having 5 or fewer employees,'', and

(3) by inserting ``except as provided in subparagraph
(A),'' before ``shall not require'' in subparagraph (B), as
so redesignated.
(b) Conforming Amendment.--Paragraph (4) of section 6011(e)
of the Internal Revenue Code of 1986 is amended by striking
``paragraph (2)(A)'' and inserting ``paragraph (2)(B)''.
(c) Effective Date.--The amendments made by this section
shall apply to returns filed after December 31, 2016.

[[Page S7657]]

SEC. 804. DISQUALIFICATION ON RECEIPT OF DISABILITY INSURANCE
BENEFITS IN A MONTH FOR WHICH UNEMPLOYMENT
COMPENSATION IS RECEIVED.

(a) In General.--Section 223(d)(4) of the Social Security
Act (42 U.S.C. 423(d)(4)) is amended by adding at the end the
following:
``(C)(i) If for any week in whole or in part within a month
an individual is paid or determined to be eligible for
unemployment compensation, such individual shall be deemed to
have engaged in substantial gainful activity for such month.
``(ii) For purposes of clause (i), the term `unemployment
compensation' means--
``(I) `regular compensation', `extended compensation', and
`additional compensation' (as such terms are defined by
section 205 of the Federal-State Extended Unemployment
Compensation Act (26 U.S.C. 3304 note)); and
``(II) trade adjustment assistance under title II of the
Trade Act of 1974 (19 U.S.C. 2251 et seq.).''.
(b) Trial Work Period.--Section 222(c) of the Social
Security Act (42 U.S.C. 422(c)) is amended by adding at the
end the following:
``(6)(A) For purposes of this subsection, an individual
shall be deemed to have rendered services in a month if the
individual is entitled to unemployment compensation for such
month.
``(B) For purposes of subparagraph (A), the term
`unemployment compensation' means--
``(i) `regular compensation', `extended compensation', and
`additional compensation' (as such terms are defined by
section 205 of the Federal-State Extended Unemployment
Compensation Act (26 U.S.C. 3304 note)); and
``(ii) trade adjustment assistance under title II of the
Trade Act of 1974 (19 U.S.C. 2251 et seq.).''.
(c) Data Matching.--The Commissioner of Social Security
shall implement the amendments made by this section using
appropriate electronic data.
(d) Effective Date.--The amendments made by this section
shall apply with respect to individuals who initially apply
for disability insurance benefits on or after January 1,
2016.

SEC. 805. STUDY AND REPORT ON CONSULTATIVE EXAMINATION FEES.

Not later than 2 years after the date of the enactment of
this Act, the Inspector General of the Social Security
Administration shall submit a report to the Committees on
Finance and Homeland Security and Government Affairs of the
Senate and the Committees on Ways and Means and Oversight and
Government Reform of the House of Representatives on fees
paid by Disability Determination Services agencies to medical
providers for consultative examinations, including--
(1) the average rate paid by the Disability Determination
Services agencies in each State for such examinations;
(2) a comparison between the rates described in paragraph
(1) and the highest rates paid by Federal agencies and other
agencies in each State for similar services; and
(3) the number of cases in which a Disability Determination
Services agency ordered a consultative examination which
resulted in an initial denial of disability insurance
benefits and a subsequent appeal.

SEC. 806. REALLOCATION OF PAYROLL TAX REVENUE.

(a) Wages.--Section 201(b)(1) of the Social Security Act
(42 U.S.C. 401(b)(1)) is amended by striking ``and (R) 1.80
per centum of the wages (as so defined) paid after December
31, 1999, and so reported,'' and inserting ``(R) 1.80 per
centum of the wages (as so defined) paid after December 31,
1999, and before January 1, 2016, and so reported, (S) 2.37
per centum of the wages (as so defined) paid after December
31, 2015, and before January 1, 2019, and so reported, and
(T) 1.80 per centum of the wages (as so defined) paid after
December 31, 2018, and so reported,''.
(b) Self-employment Income.--Section 201(b)(2) of such Act
(42 U.S.C. 401(b)(2)) is amended by striking ``and (R) 1.80
per centum of the amount of self-employment income (as so
defined) so reported for any taxable year beginning after
December 31, 1999'' and inserting ``(R) 1.80 per centum of
the amount of self-employment income (as so defined) so
reported for any taxable year beginning after December 31,
1999, and before January 1, 2016, (S) 2.37 per centum of the
amount of self-employment income (as so defined) so reported
for any taxable year beginning after December 31, 2015, and
before January 1, 2019, and (T) 1.80 per centum of the amount
of self-employment income (as so defined) so reported for any
taxable year beginning after December 31, 2018''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to wages paid after December 31,
2015, and self-employment income for taxable years beginning
after such date.

Subtitle B--Program Integrity

SEC. 811. PROVIDING FOR AN EXPEDITED ADJUDICATION PROCESS.

(a) In General.--Section 205(b) of the Social Security Act
(42 U.S.C. 405(b)) is amended--
(1) in paragraph (2), by striking ``In any'' and inserting
``Subject to paragraph (4), in any''; and
(2) by adding at the end the following:
``(4) Any review of an initial adverse determination with
respect to an application for disability insurance benefits
under section 223 or for monthly benefits under section 202
by reason of being under a disability shall only be made
before an administrative law judge in a hearing under
paragraph (1).''.
(b) Review by Federal Courts.--It is the sense of Congress
that, in reviewing disability determinations, the Federal
courts shall make their rulings based solely on the
determination made by the administrative law judge of the
Social Security Administration and rely solely on the
evidence that was considered by such judge during the initial
hearing.
(c) Effective Date.--The amendment made by subsection (a)
shall apply to initial adverse determinations on applications
for disability insurance benefits under title II of the
Social Security Act made after the date of the enactment of
this Act.

SEC. 812. DEADLINE FOR SUBMISSION OF MEDICAL EVIDENCE;
EXCLUSION OF CERTAIN MEDICAL EVIDENCE.

(a) Closing of Record for Submission of Medical Evidence.--
Section 205(b)(1) of the Social Security Act (42 U.S.C.
405(b)(1)) is amended--
(1) by striking ``The Commissioner of Social Security is
directed'' and inserting--
``(A) The Commissioner of Social Security is directed'';
and
(2) by adding at the end the following new subparagraph:
``(B)(i) Notwithstanding the last sentence of subparagraph
(A), in the case of a hearing before an administrative law
judge to determine if an individual is under a disability (as
defined in section 223(d)) or a review of such a
determination before the Appeals Council of the Office of
Appellate Operations of the Social Security Administration,
medical evidence (other than the evidence already in the
record) shall not be received if the evidence is submitted
less than 30 days prior to the date on which the hearing is
held unless the individual can show that the evidence is
material and there is good cause for the failure to submit it
before the deadline, but in no case shall medical evidence be
received if it is--
``(I) based on information obtained during the period that
begins after a determination is made by an administrative law
judge; or
``(II) submitted more than 1 year after a determination is
made by an administrative law judge.
``(ii) At the request of an individual applying for
benefits under this title or such individual's
representative, and for the purpose of completing the record,
an administrative law judge may postpone a hearing to
determine if the individual is under a disability (as so
defined) to a date that is no more than 30 days after the
date for which the hearing was originally scheduled if--
``(I) the request is made no less than 7 days prior to the
date for which the hearing was originally scheduled; and
``(II) the party making the request shows good cause for
why the hearing should be postponed.''.
(b) Exclusion of Medical Evidence That Is Not Submitted in
Its Entirety or Furnished by a Licensed Practitioner.--
Section 223(d)(5) of the Social Security Act (42 U.S.C.
423(d)(5)) is amended--
(1) in subparagraph (B), by striking ``In'' and inserting
``Subject to subparagraphs (C) and (D), in''; and
(2) by adding at the end the following new subparagraphs:
``(C)(i) An individual and, if applicable, such
individual's representative shall submit, in its entirety and
without redaction, all relevant medical evidence known to the
individual or the representative to the Commissioner of
Social Security.
``(ii) In the case of a hearing before an administrative
law judge to determine if an individual is under a disability
(as defined in paragraph (1)), the Commissioner of Social
Security shall not consider any piece of medical evidence
furnished by an individual or such individual's
representative unless such individual and, if applicable,
such individual's representative, certifies at the hearing
that all relevant medical evidence has been submitted in its
entirety and without redaction.
``(iii) For purposes of this subparagraph, the term
`relevant medical evidence' means any medical evidence
relating to the individual's claimed physical or mental
impairments that the Commissioner of Social Security should
consider to determine whether the individual is under a
disability, regardless of whether such evidence is favorable
or unfavorable to the individual's case, but shall not
include any oral or written communication or other document
exchanged between the individual and such individual's
attorney representative that are subject to attorney-client
privilege or work product doctrine, unless the individual
voluntarily discloses such communication to the Commissioner.
Neither the attorney-client privilege nor the work product
doctrine shall prevent from disclosure medical evidence,
medical source opinions, or any other factual matter that the
Commissioner may consider in determining whether or not the
individual is entitled to benefits.
``(iv) Any individual or representative who knowingly
violates this subparagraph shall be guilty of making a false
statement or representation of material fact, shall be
subject to civil and criminal penalties under sections 208
and 1129, and, in the case of a representative, shall be
suspended or disqualified from appearing before the Social
Security Administration.
``(D) The Commissioner of Social Security shall not
consider any evidence furnished by a physician or health care
practitioner who is not licensed, has been sanctioned, or is

[[Page S7658]]

under investigation for ethical misconduct.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act,
and shall apply to applications for disability insurance
benefits filed on or after that date.

SEC. 813. PROCEDURAL RULES FOR HEARINGS.

(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Commissioner of Social
Security, in consultation with the administrative law judges
of the Social Security Administration, shall establish and
make available to the public procedural rules for hearings to
determine whether or not an individual is entitled to
disability insurance benefits under title II of the Social
Security Act (42 U.S.C. 401 et seq.). These rules shall
include those established in this Act as well as--
(1) rules and procedures for motions and requests;
(2) rules related to the representation of individuals in
such a hearing, such as the qualifications and standards of
conduct required of representatives;
(3) rules and procedures for the submission of evidence;
(4) rules related to the closure of the record; and
(5) rules and procedures for imposing sanctions on parties
for failing to comply with hearing rules.
(b) Authority of Administrative Law Judges to Sanction
Claimant Representatives.--Section 206(a)(1) of the Social
Security Act (42 U.S.C. 406(a)(1)) is amended by inserting
after the fifth sentence the following: ``The Commissioner of
Social Security shall establish rules under which an
administrative law judge may impose fines and other sanctions
the Commissioner determines to be appropriate on a
representative for failure to follow the Commissioner's rules
and regulations.''
(c) Effective Date.--Any rules adopted pursuant to this
section or the amendment made thereby shall take effect on
the date that is 6 months after the date of their publication
and shall apply to hearings held on or after that date.

SEC. 814. PROHIBITING ATTORNEYS WHO HAVE RELINQUISHED A
LICENSE TO PRACTICE IN THE FACE OF AN ETHICS
INVESTIGATION FROM SERVING AS A CLAIMANT
REPRESENTATIVE.

Section 206(a)(1) of the Social Security Act (42 U.S.C.
406(a)(1)), as amended by section 813(b), is further
amended--
(1) in the first sentence, by inserting ``, and, in cases
where compensation is sought for services as a
representative, shall'' before ``prescribe'';
(2) in the second sentence, by striking ``Federal courts,''
and inserting ``Federal courts and certifies to the
Commissioner that such attorney has never (A) been disbarred
or suspended from any court or bar to which such attorney was
previously admitted to practice or disqualified from
participating in or appearing before any Federal program or
agency, or (B) relinquished a license to practice in,
participate in, or appear before any court, bar, or Federal
program or agency in connection with a settlement of an
investigation into ethical misconduct,''; and
(3) in the third sentence--
(A) by striking ``may'' each place it appears and inserting
``shall'';
(B) by striking ``or who has been disqualified from
participating in or appearing before any Federal program or
agency'' and inserting ``, who has been disqualified from
participating in or appearing before any Federal program or
agency, or who has voluntarily relinquished a license to
practice in, participate in, or appear before any court, bar,
or Federal program or agency in settlement of an
investigation into ethical misconduct''; and
(C) by inserting ``or who has voluntarily relinquished a
license to practice in any court or bar in settlement of an
investigation into ethical misconduct'' before the period.

SEC. 815. APPLYING JUDICIAL CODE OF CONDUCT TO ADMINISTRATIVE
LAW JUDGES.

(a) In General.--Section 3105 of title 5, United States
Code, is amended--
(1) by striking ``Each agency'' and inserting
``(a) Each agency''; and
(2) by adding at the end the following:
``(b) The Code of Conduct for United States Judges adopted
by the Judicial Conference of the United States shall apply
to administrative law judges appointed under this section.
``(c) If, in applying a standard of conduct to an
administrative law judge appointed under this section, there
is a conflict between the Code of Conduct for United States
Judges and any other law or regulation, the stricter standard
of conduct shall apply.
``(d) Pursuant to section 7301, the President may issue
such regulations as may be necessary to carry out subsections
(b) and (c).''.
(b) Limitation on Regulatory Authority.--Section 1305 of
title 5, United States Code, is amended by striking ``3105''
and inserting ``3105(a)''.

SEC. 816. EVALUATING MEDICAL EVIDENCE.

(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Commissioner of Social
Security shall ensure that all administrative law judges
within the Office of Disability Adjudication and Review of
the Social Security Administration receive training on how to
appropriately evaluate and weigh medical evidence provided by
medical professionals.
(b) Opinion Evidence.--Section 223(d)(5)(B) of the Social
Security Act (42 U.S.C. 423(d)(5)(B)), as amended by section
812(b), is further amended by adding at the end the following
new sentences: ``In weighing medical evidence, the
Commissioner of Social Security may assign greater weight to
certain opinion evidence supplied by an individual's treating
physician (or other treating health care provider) than to
opinion evidence obtained from another source, but in no
circumstance shall opinion evidence from any source be given
controlling weight.''
(c) Health Care Providers Supplying Consultative Exams.--
(1) In general.--Beginning 1 year after the date of
enactment of this Act, in determining whether an individual
applying for disability insurance benefits under title II of
the Social Security Act is disabled, the Commissioner of
Social Security shall not consider medical evidence resulting
from a consultative exam with a health care provider
conducted for the purpose of supporting the individual's
application unless the evidence is accompanied by a Medical
Consultant Acknowledgment Form signed by the health care
provider who conducted the exam.
(2) Medical consultant acknowledgment form.--
(A) Definition.--As used in this subsection, the term
``Medical Consultant Acknowledgment Form'' means a form
published by the Commissioner of Social Security that meets
the requirements of subparagraph (B).
(B) Requirements.--The Commissioner of Social Security
shall develop the Medical Consultant Acknowledgment Form and
make it available to the public not later than 6 months after
the date of enactment of this Act. The contents of the
Medical Consultant Acknowledgment Form shall include--
(i) information on how medical evidence is used in
disability determinations;
(ii) instructions on completing a residual functional
capacity form;
(iii) information on the legal and ethical obligations of a
health care provider who supplies medical evidence for use in
a disability determination, including any civil or criminal
penalties that may be imposed on a health care provider who
supplies medical evidence for use in a disability
determination; and
(iv) a statement that the signatory has read and
understands the contents of the form.
(3) Penalties for fraud.--In addition to any other
penalties that may be prescribed by law, any individual who
forges a signature on a Medical Consultant Acknowledgment
Form submitted to the Commissioner of Social Security shall
be guilty of making a false statement or representation of
material fact, and upon conviction shall be subject to civil
and criminal penalties under sections 208 and 1129 of the
Social Security Act and, in the case of a representative,
shall be suspended or disqualified from appearing before the
Social Security Administration.
(d) Symptom Validity Tests.--
(1) In general.--For purposes of evaluating the credibility
of an individual's medical evidence, an administrative law
judge responsible for conducting a hearing to determine
whether an individual applying for disability insurance
benefits under title II of the Social Security Act or for
monthly benefits under section 202 of such Act by reason of a
disability may require the individual to undergo a symptom
validity test either prior to or after the hearing.
(2) Weight given to svts.--An administrative law judge may
only consider the results of a symptom validity test as a
part of an individual's entire medical history and shall not
give controlling weight to such results.
(e) Evidence Obtained From Publicly Available Social
Media.--For purposes of evaluating the credibility of an
individual's medical evidence, an administrative law judge
responsible for conducting a hearing to determine whether an
individual applying for disability insurance benefits under
title II of the Social Security Act is disabled shall be
permitted to consider information about the individual
obtained from publicly available social media.
(f) Regulations Related to Evaluating Medical Evidence.--
Not later than 1 year after the date of enactment of this
Act, the Commissioner of Social Security shall promulgate
rules and regulations to carry out the purposes of this
section, including regulations relating to when it is
appropriate for an administrative law judge to order a
symptom validity test or to consider evidence obtained from
publicly available social media.

SEC. 817. REFORMING FEES PAID TO ATTORNEYS AND OTHER CLAIMANT
REPRESENTATIVES.

(a) Prohibition on Reimbursement for Travel Expenses.--Not
later than 1 year after the date of enactment of this Act,
the Commissioner of Social Security shall establish rules and
regulations relating to the fees payable to representatives
of individuals claiming entitlement to disability insurance
benefits under title II of the Social Security Act (42 U.S.C.
401 et seq.) to prohibit a representative from being
reimbursed by the Social Security Administration for travel
expenses related to a case.
(b) Eliminating Direct Payments to Claimant
Representatives.--
(1) In general.--Section 206 of the Social Security Act (42
U.S.C. 406) is amended--
(A) in subsection (a)--
(i) by striking paragraph (4); and
(ii) by redesignating paragraph (5) as paragraph (4);

[[Page S7659]]

(B) in subsection (b)(1)(A), by striking ``and the
Commissioner of Social Security'' and all that follows
through ``as provided in this paragraph'' and inserting
``with such amount to be paid out of, and not in addition to,
the amount of such past-due benefits''; and
(C) by striking subsections (d) and (e).
(2) Effective date.--The amendments made by this subsection
shall apply to determinations made after the date of the
enactment of this Act.
(c) Review of Highest-earning Claimant Representatives.--
(1) Review.--Not later than 1 year after the date of
enactment of this Act and annually thereafter, the Inspector
General of the Social Security Administration shall conduct a
review of the practices of a sample of the highest-earning
claimant representatives and law firms to ensure compliance
with the policies of the Social Security Administration. In
reviewing representative practices, the Inspector General
shall look for suspicious practices, including--
(A) repetitive language in residual functional capacity
forms;
(B) irregularities in the licensing history of medical
professionals providing medical opinions in support of a
claimant's application; and
(C) a disproportionately high number of appearances by a
representative before the same administrative law judge.
(2) Report.--Not later than December 1 of each year in
which a review described in paragraph (1) is conducted, the
Inspector General of the Social Security Administration shall
submit a report containing the results of such review,
together with any recommendations for administrative action
or proposed legislation that the Inspector General determines
appropriate, to the Committees on Finance and Homeland
Security and Government Affairs of the Senate and the
Committees on Ways and Means and Oversight and Government
Reform of the House of Representatives.
(d) Applicability of the Equal Access to Justice Act.--
Section 205 of the Social Security Act (42 U.S.C. 405) is
amended by adding at the end the following new subsection:
``(v) Sections 504 of title 5 and 2412 of title 28, United
States Code (commonly known as the `Equal Access to Justice
Act'), shall not apply to--
``(1) any review under this title of a determination of
disability made by the Commissioner of Social Security; or
``(2) if new evidence is submitted by an individual after a
hearing to determine whether or not the individual is under a
disability, judicial review of a final determination of
disability under subsection (g) of this section.''.

SEC. 818. STRENGTHENING THE ADMINISTRATIVE LAW JUDGE QUALITY
REVIEW PROCESS.

(a) In General.--
(1) Review.--Not later than 1 year after the date of
enactment of this Act and annually thereafter, the Division
of Quality of the Office of Appellate Operations of the
Social Security Administration shall conduct a review of a
sample of determinations that individuals are entitled to
disability insurance benefits by outlier administrative law
judges and identify any determinations that are not supported
by the evidence.
(2) Report.--Not later than December 1 of each year in
which a review described in paragraph (1) is conducted, the
Division of Quality Review of the Office of Appellate
Operations of the Social Security Administration shall submit
a report containing the results of such review, including all
determinations that were found to be unsupported by the
evidence, together with any recommendations for
administrative action or proposed legislation that the
Division determines appropriate, to--
(A) the Inspector General of the Social Security
Administration;
(B) the Commissioner of the Social Security Administration;
(C) the Committees on Ways and Means and Oversight and
Government Reform of the House of the Representatives; and
(D) the Committees on Finance and Homeland Security and
Government Affairs of the Senate.
(3) Definition of outlier administrative law judge.--For
purposes of this subsection, the term ``outlier
administrative law judge'' means an administrative law judge
within the Office of Disability Adjudication and Review of
the Social Security Administration who, in a given year--
(A) issues more than 700 decisions; and
(B) determines that the applicant--
(i) is entitled to disability insurance benefits in not
less than 85 percent of cases; or
(ii) is not entitled to disability insurance benefits in
not less than 15 percent of cases.
(b) Mandatory Continuing Disability Review.--
(1) In general.--The Commissioner of Social Security shall
ensure that, not less than 6 months after receiving a report
described in subsection (a)(2), every determination of
entitlement found to be unsupported by the evidence is in the
process of being reviewed under section 221(i)(1) of the
Social Security Act.
(2) Conforming amendment.--Section 221(i)(1) of the Social
Security Act (42 U.S.C. 421(i)(1)) is amended by inserting
``or under section 818(b) of the Bipartisan Budget Act of
2015'' after ``administration of this title''.

SEC. 819. PERMITTING DATA MATCHING BY INSPECTORS GENERAL.

Clause (ix) of section 552a(a)(8)(B) of title 5, United
States Code, is amended by striking ``the Secretary of Health
and Human Services or the Inspector General of the Department
of Health and Human Services'' and inserting ``the Inspector
General of an agency, or an agency in coordination with an
Inspector General''.

SEC. 820. ACCOUNTING FOR SOCIAL SECURITY PROGRAM INTEGRITY
SPENDING.

Amounts made available for Social Security program
integrity spending by the Social Security Administration for
a fiscal year shall be--
(1) included in a separate account within the Federal
budget; and
(2) funded in a separate account in the appropriate annual
appropriations bill.

SEC. 821. USE OF THE NATIONAL DIRECTORY OF NEW HIRES.

Beginning with the date that is 1 year after the date of
the enactment of this Act, the Commissioner of Social
Security shall consult the National Directory of New Hires
established under section 453(i) of the Social Security Act
(42 U.S.C. 653(i)) in determining whether any individual who
submits an application or reapplication for disability
insurance benefits under title II of the Social Security Act
or for monthly benefits under section 202 of such Act by
reason of a disability is able to engage in substantial
gainful activity.

SEC. 822. ENSURING PROPER APPLICATION OF THE MEDICAL
IMPROVEMENT REVIEW STANDARD.

(a) In General.--The Commissioner of Social Security shall
establish within the Social Security Administration an office
to ensure the proper identification of individuals who should
not be entitled to benefits on the basis of a finding that
the physical or mental impairment on the basis of which such
benefits are provided has ceased, does not exist, or is not
disabling, as described in sections 223(f) and 1614(a)(4) of
the Social Security Act.
(b) Additional Functions.--The office described in
subsection (a) shall carry out the functions described in
such subsection by providing training to officers and
employees of the Social Security Administration, carrying out
data collection and reviews, and proposing such policy
recommendations and clarification as are determined
appropriate.
(c) Training for Administrative Law Judges.--The
Commissioner of Social Security shall establish a program to
provide for more efficient and effective training for all
individuals and agencies involved in the disability
determination process under section 221 of the Social
Security Act, including Disability Determination Services
agencies and the administrative law judges of the Social
Security Administration, in regards to making determinations
in which an individual should not be entitled to benefits on
the basis of a finding that the physical or mental impairment
on the basis of which such benefits are provided has ceased,
does not exist, or is not disabling, as described in sections
223(f) and 1614(a)(4) of the Social Security Act.
(d) Application of Initial Disability Standard in Certain
Cases.--
(1) Disability insurance benefits.--Section 223 of the
Social Security Act (42 U.S.C. 423) is amended by adding at
the end the following new subsection:

``Application of Initial Disability Standard

``(k)(1) For purposes of subsection (f), in the case of an
individual whose case file (including new evidence concerning
the individual's prior or current condition which is
presented by the individual or secured by the Commissioner of
Social Security) does not provide sufficient evidence for
purposes of making a determination under paragraph (1) of
such subsection, a recipient of benefits under this title or
title XVIII based on the disability of such individual shall
not be entitled to such benefits unless such individual
furnishes such medical and other evidence required under
subsection (d) to determine that such individual is under a
disability.
``(2) Any determination made under this subsection shall be
made on the basis of the weight of the evidence and on a
neutral basis with regard to the individual's condition,
without any initial inference as to the presence or absence
of disability being drawn from the fact that the individual
has previously been determined to be disabled.
``(3) For purposes of this subsection, a benefit under this
title is based on an individual's disability if it is a
disability insurance benefit, a child's, widow's, or
widower's insurance benefit based on disability, or a
mother's or father's insurance benefit based on the
disability of the mother's or father's child who has attained
age 16.''.
(2) Supplemental security income benefits.--Section 1614 of
such Act (42 U.S.C. 1382c) is amended by adding at the end
the following new subsection:

``Application of Initial Disability Standard

``(g)(1) For purposes of paragraph (4) of subsection (a),
in the case of an individual whose case file (including new
evidence concerning the individual's prior or current
condition which is presented by the individual or secured by
the Commissioner of Social Security) does not provide
sufficient evidence for purposes of making a determination
under subparagraph (A) of such paragraph, a recipient of
benefits based on disability under this title shall not be
entitled to such benefits unless such individual furnishes
such medical and other evidence required under subsection
(a)(3) to determine that such individual is under a
disability.
``(2) Any determination made under this subsection shall be
made on the basis of the

[[Page S7660]]

weight of the evidence and on a neutral basis with regard to
the individual's condition, without any initial inference as
to the presence or absence of disability being drawn from the
fact that the individual has previously been determined to be
disabled.''.
(3) Conforming amendments.--
(A) Subsection (f) of section 223 of such Act is amended by
striking ``A recipient of benefits'' and inserting ``Subject
to subsection (k), a recipient of benefits''.
(B) Paragraph (4) of section 1614(a) of such Act is amended
by striking ``A recipient of benefits'' and inserting
``Subject to subsection (g), a recipient of benefits''.
(4) Effective date.--The amendments made by this subsection
shall apply to determinations made after the date of the
enactment of this Act.
______