[Congressional Record Volume 161, Number 160 (Thursday, October 29, 2015)]
[Senate]
[Pages S7656-S7663]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  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.
                                 ______
                                 
  SA 2756. Mr. HELLER 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:

       At the appropriate place, insert the following:

     SEC. ___. NO BUDGET NO PAY.

       (a) Short Title.--This section may be cited as the ``No 
     Budget, No Pay Act''.
       (b) Definition.--In this section, the term ``Member of 
     Congress''--
       (1) has the meaning given under section 2106 of title 5, 
     United States Code; and
       (2) does not include the Vice President.
       (c) Timely Approval of Concurrent Resolution on the Budget 
     and the Appropriations Bills.--If both Houses of Congress 
     have not approved a concurrent resolution on the budget as 
     described under section 301 of the Congressional Budget and 
     Impoundment Control Act of 1974 (2 U.S.C. 632) for a fiscal 
     year before October 1 of that fiscal year and have not passed 
     all the regular appropriations bills for the next fiscal year 
     before October 1 of that fiscal year, the pay of each Member 
     of Congress may not be paid for each day following that 
     October 1 until the date on which both Houses of Congress 
     approve a concurrent resolution on the budget for that fiscal 
     year and all the regular appropriations bills.
       (d) No Pay Without Concurrent Resolution on the Budget and 
     the Appropriations Bills.--
       (1) In general.--Notwithstanding any other provision of 
     law, no funds may be appropriated or otherwise be made 
     available from the Treasury for the pay of any Member of 
     Congress during any period determined by the Chairpersons of 
     the Committee on the Budget and the Committee on 
     Appropriations of the Senate or the Chairpersons of the 
     Committee on the Budget and the Committee on Appropriations 
     of the House of Representatives under subsection (e).
       (2) No retroactive pay.--A Member of Congress may not 
     receive pay for any period determined by the Chairpersons of 
     the Committee on the Budget and the Committee on 
     Appropriations of the Senate or the Chairpersons of the 
     Committee on the Budget and the Committee on Appropriations 
     of the House of Representatives under subsection (e), at any 
     time after the end of that period.
       (e) Determinations.--
       (1) Senate.--
       (A) Request for certifications.--On October 1 of each year, 
     the Secretary of the Senate shall submit a request to the 
     Chairpersons of the Committee on the Budget and the Committee 
     on Appropriations of the Senate for certification of 
     determinations made under clause (i) and (ii) of subparagraph 
     (B).
       (B) Determinations.--The Chairpersons of the Committee on 
     the Budget and the Committee on Appropriations of the Senate 
     shall--
       (i) on October 1 of each year, make a determination of 
     whether Congress is in compliance with subsection (c) and 
     whether Senators may not be paid under that subsection;
       (ii) determine the period of days following each October 1 
     that Senators may not be paid under subsection (c); and
       (iii) provide timely certification of the determinations 
     under clauses (i) and (ii) upon the request of the Secretary 
     of the Senate.
       (2) House of representatives.--
       (A) Request for certifications.--On October 1 of each year, 
     the Chief Administrative Officer of the House of 
     Representatives shall submit a request to the Chairpersons of 
     the Committee on the Budget and the Committee on 
     Appropriations of the House of Representatives for 
     certification of determinations made under clauses (i) and 
     (ii) of subparagraph (B).
       (B) Determinations.--The Chairpersons of the Committee on 
     the Budget and the Committee on Appropriations of the House 
     of Representatives shall--
       (i) on October 1 of each year, make a determination of 
     whether Congress is in compliance with subsection (c) and 
     whether Members of the House of Representatives may not be 
     paid under that subsection;
       (ii) determine the period of days following each October 1 
     that Members of the House of Representatives may not be paid 
     under subsection (c); and
       (iii) provide timely certification of the determinations 
     under clauses (i) and (ii) upon the request of the Chief 
     Administrative Officer of the House of Representatives.
       (f) Effective Date.--This section shall take effect on 
     February 1, 2017.
                                 ______
                                 
  SA 2757. Mr. PORTMAN 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:

       At the end of title V, insert the following:

     SEC. 505. BENEFIT SUSPENSIONS FOR MULTIEMPLOYER PLANS IN 
                   CRITICAL AND DECLINING STATUS.

       (a) ERISA Amendments.--Section 305(e)(9)(H) of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 
     1085(e)(9)(H)) is amended--
       (1) in clause (ii)--
       (A) by striking ``Except as provided in clause (v), the'' 
     and inserting ``The''; and
       (B) by striking ``a majority of all participants and 
     beneficiaries of the plan'' and inserting ``, of the 
     participants and beneficiaries of the plan who cast a vote, a 
     majority'';
       (2) by striking clause (v);
       (3) by redesignating clause (vi) as clause (v); and
       (4) in clause (v), as so redesignated--
       (A) by striking ``(or following a determination under 
     clause (v) that the plan is a systemically important plan)''; 
     and
       (B) by striking ``(or, in the case of a suspension that 
     goes into effect under clause (v), at a time sufficient to 
     allow the implementation of the suspension prior to the end 
     of the 90-day period described in clause (v)(I))''.
       (b) IRC Amendments.--Section 432(e)(9)(H) of the Internal 
     Revenue Code of 1986 is amended--
       (1) in clause (ii)--
       (A) by striking ``Except as provided in clause (v), the'' 
     and inserting ``The''; and
       (B) by striking ``a majority of all participants and 
     beneficiaries of the plan'' and inserting ``, of the 
     participants and beneficiaries of the plan who cast a vote, a 
     majority'';
       (2) by striking clause (v);
       (3) by redesignating clause (vi) as clause (v); and
       (4) in clause (v), as so redesignated--
       (A) by striking ``(or following a determination under 
     clause (v) that the plan is a systemically important plan)''; 
     and
       (B) by striking ``(or, in the case of a suspension that 
     goes into effect under clause (v), at a time sufficient to 
     allow the implementation of the suspension prior to the end 
     of the 90-day period described in clause (v)(I))''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall apply to any vote on the suspension of benefits 
     under section 305(e)(9)(H) of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1085(e)(9)(H)) and section 
     432(e)(9)(H) of the Internal Revenue Code of 1986 that occurs 
     after the date of enactment of this Act.
                                 ______
                                 
  SA 2758. Mr. PORTMAN 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:

       At the appropriate place, insert the following:

     SEC. ___. AUTOMATIC CONTINUING APPROPRIATIONS.

       (a) In General.--Chapter 13 of title 31, United States 
     Code, is amended by inserting after section 1310 the 
     following new section:

     ``Sec. 1311. Continuing appropriations

       ``(a)(1) If any appropriation measure for a fiscal year is 
     not enacted before the beginning of such fiscal year or a 
     joint resolution making continuing appropriations is not in 
     effect, there are appropriated such sums as may be necessary 
     to continue any program, project, or activity for which funds 
     were provided in the preceding fiscal year--
       ``(A) in the corresponding appropriation Act for such 
     preceding fiscal year; or
       ``(B) if the corresponding appropriation bill for such 
     preceding fiscal year did not become law, then in a joint 
     resolution making continuing appropriations for such 
     preceding fiscal year.
       ``(2)(A) Appropriations and funds made available, and 
     authority granted, for a program, project, or activity for 
     any fiscal year pursuant to this section shall be at a rate 
     of operations not in excess of the lower of--
       ``(i) 100 percent of the rate of operations provided for in 
     the regular appropriation Act providing for such program, 
     project, or activity for the preceding fiscal year;
       ``(ii) in the absence of such an Act, 100 percent of the 
     rate of operations provided for such program, project, or 
     activity pursuant to a joint resolution making continuing 
     appropriations for such preceding fiscal year; or
       ``(iii) 100 percent of the annualized rate of operations 
     provided for in the most recently enacted joint resolution 
     making continuing appropriations for part of that fiscal year 
     or any funding levels established under the provisions of 
     this Act;

     for the period of 120 days. After the first 120-day period 
     during which this subsection is in effect for that fiscal 
     year, the applicable rate

[[Page S7661]]

     of operations shall be reduced by 1 percentage point. For 
     each subsequent 90-day period during which this subsection is 
     in effect for that fiscal year, the applicable rate of 
     operations shall be reduced by 1 percentage point. The 90-day 
     period reductions shall extend beyond the last day of that 
     fiscal year.
       ``(B) If this section is in effect at the end of a fiscal 
     year, funding levels shall continue as provided in this 
     section for the next fiscal year.
       ``(3) Appropriations and funds made available, and 
     authority granted, for any fiscal year pursuant to this 
     section for a program, project, or activity shall be 
     available for the period beginning with the first day of a 
     lapse in appropriations and ending with the date on which the 
     applicable regular appropriation bill for such fiscal year 
     becomes law (whether or not such law provides for such 
     program, project, or activity) or a continuing resolution 
     making appropriations becomes law, as the case may be.
       ``(b) An appropriation or funds made available, or 
     authority granted, for a program, project, or activity for 
     any fiscal year pursuant to this section shall be subject to 
     the terms and conditions imposed with respect to the 
     appropriation made or funds made available for the preceding 
     fiscal year, or authority granted for such program, project, 
     or activity under current law.
       ``(c) Expenditures made for a program, project, or activity 
     for any fiscal year pursuant to this section shall be charged 
     to the applicable appropriation, fund, or authorization 
     whenever a regular appropriation bill or a joint resolution 
     making continuing appropriations until the end of a fiscal 
     year providing for such program, project, or activity for 
     such period becomes law.
       ``(d) This section shall not apply to a program, project, 
     or activity during a fiscal year if any other provision of 
     law (other than an authorization of appropriations)--
       ``(1) makes an appropriation, makes funds available, or 
     grants authority for such program, project, or activity to 
     continue for such period; or
       ``(2) specifically provides that no appropriation shall be 
     made, no funds shall be made available, or no authority shall 
     be granted for such program, project, or activity to continue 
     for such period.''.
       (b) Clerical Amendment.--The table of sections of chapter 
     13 of title 31, United States Code, is amended by inserting 
     after the item relating to section 1310 the following new 
     item:

``1311. Continuing appropriations.''.
                                 ______
                                 
  SA 2759. Mr. GARDNER (for himself and Mr. Lee) 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:

       At the appropriate place, insert the following:

     SEC. ___. REDUCING EXCESSIVE GOVERNMENT.

       (a) Short Title; Definitions.--
       (1) Short title.--This section may be cited as the 
     ``Reducing Excessive Government Act of 2015'' or the ``REG 
     Act''.
       (2) Definitions.--In this section--
       (A) the term ``agency'' has the meaning given the term 
     ``Executive agency'' under section 105 of title 5, United 
     States Code;
       (B) the term ``amount of the increase in the debt limit'' 
     means--
       (i) the dollar amount of the increase in the debt limit 
     specified in the Act increasing the debt limit; or
       (ii) in the case of an Act that provides that the debt 
     limit shall not apply for a period and that the amount of the 
     debt limit is increased at the end of such period, the amount 
     by which the Secretary of the Treasury estimates the debt 
     limit shall be increased at the end of the period of the 
     suspension, which the Secretary shall submit to Congress on 
     the date of enactment of such an Act;
       (C) the term ``debt limit'' means the limitation imposed by 
     section 3101(b) of title 31, United States Code;
       (D) the term ``direct cost of Federal regulation'' means 
     all costs incurred by, and expenditures required of, the 
     Federal Government in issuing and enforcing Federal 
     regulations, rules, statements, and legislation;
       (E) the term ``Federal regulatory cost''--
       (i) means all costs incurred by, and expenditures required 
     of, the private sector in complying with any Federal 
     regulation, rule, statement, or legislation; and
       (ii) does not include the value of any benefit under the 
     Federal regulation, rule, statement, or legislation;
       (F) the term ``joint resolution'' means a joint 
     resolution--
       (i) reported by the Committee on the Budget of the Senate 
     or the House of Representatives in accordance with subsection 
     (d)(3);
       (ii) which does not have a preamble;
       (iii) the title of which is as follows: ``Joint resolution 
     relating to repeal of costly rules.''; and
       (iv) the matter after the resolving clause of which is as 
     follows: ``That the following rules shall have no force or 
     effect: _______.'', the blank space being filled in with the 
     list of major rules recommended to be repealed under 
     subsection (d) by the committees of the House in which the 
     joint resolution is reported; and
       (G) the term ``major rule'' means any rule that has or is 
     likely to result in an annual effect on the economy of 
     $100,000,000 or more.
       (b) Reductions in Regulatory Cost.--Not later than 60 days 
     after the date on which the debt limit is increased or a 
     suspension of the debt limit takes effect, Congress shall 
     enact legislation eliminating rules that results in a 
     reduction of the direct cost of Federal regulation during the 
     10-fiscal year period beginning with the next full fiscal 
     year by not less than the amount of the increase in the debt 
     limit.
       (c) Action by Agencies.--
       (1) Identification of major rules.--If the amount of the 
     debt limit is increased or a suspension of the debt limit 
     takes effect, each agency shall submit to the Senate, the 
     House of Representatives, and the Comptroller General of the 
     United States a report identifying each major rule of the 
     agency, as determined by the head of the agency.
       (2) Certification by gao.--After receipt of all reports 
     required under paragraph (1), the Comptroller General of the 
     United States shall submit to the Senate and the House of 
     Representatives a statement certifying whether the repeal of 
     all major rules identified in such reports would result in a 
     decrease in the direct cost of Federal regulation during the 
     10-fiscal year period beginning with the next full fiscal 
     year by not less than the amount of the increase in the debt 
     limit.
       (d) Action by Committees.--
       (1) In general.--Each committee of the Senate and the House 
     of Representatives shall submit to the Committee on the 
     Budget of its House a list of the major rules that--
       (A) are within the jurisdiction of the committee, which may 
     include major rules identified in the report of an agency 
     under subsection (c)(1); and
       (B) the committee recommends should be repealed.
       (2) Considerations.--In determining whether to recommend 
     repealing major rules within its jurisdiction, a committee of 
     the Senate or the House of Representatives shall consider--
       (A) whether the major rule achieved, or has been 
     ineffective in achieving, the original purpose of the major 
     rule;
       (B) any adverse effects that could materialize if the major 
     rule is repealed, in particular if those adverse effects are 
     the reason the major rule was originally enacted;
       (C) whether the costs of the major rule outweigh any 
     benefits of the major rule to the United States;
       (D) whether the major rule has become obsolete due to 
     changes in technology, economic conditions, market practices, 
     or any other factors; and
       (E) whether the major rule overlaps with another rule.
       (3) Combining of recommendations.--The Committee on the 
     Budget of the Senate and the Committee on the Budget of the 
     House of Representatives, upon receiving recommendations from 
     all relevant committees under paragraph (1), shall report to 
     its House a joint resolution carrying out all such 
     recommendations without any substantive revision.
       (e) Expedited Procedures.--
       (1) Consideration in house of representatives.--
       (A) Placement on calendar.--Upon a joint resolution being 
     reported by the Committee on the Budget of the House of 
     Representatives, or upon receipt of a joint resolution from 
     the Senate, the joint resolution shall be placed immediately 
     on the calendar.
       (B) Proceeding to consideration.--
       (i) In general.--It shall be in order, not later than 60 
     days after the date on which the debt limit is increased or a 
     suspension of the debt limit takes effect, to move to proceed 
     to consider a joint resolution in the House of 
     Representatives.
       (ii) Procedure.--For a motion to proceed to consider a 
     joint resolution--

       (I) all points of order against the motion are waived;
       (II) such a motion shall not be in order after the House of 
     Representatives has disposed of a motion to proceed to the 
     joint resolution;
       (III) the previous question shall be considered as ordered 
     on the motion to its adoption without intervening motion;
       (IV) the motion shall not be debatable; and
       (V) a motion to reconsider the vote by which the motion is 
     disposed of shall not be in order.

       (C) Consideration.--The House of Representatives shall 
     establish rules for consideration of a joint resolution in 
     the House of Representatives.
       (2) Expedited consideration in senate.--
       (A) Placement on calendar.--Upon a joint resolution being 
     reported by the Committee on the Budget of the Senate, or 
     upon receipt of a joint resolution from the House of 
     Representatives, the joint resolution shall be placed 
     immediately on the calendar.
       (B) Proceeding to consideration.--
       (i) In general.--Notwithstanding rule XXII of the Standing 
     Rules of the Senate, it is in order, not later than 60 days 
     after the date on which the debt limit is increased or a 
     suspension of the debt limit takes effect (even though a 
     previous motion to the same effect has been disagreed to) to 
     move to proceed to the consideration of a joint resolution.
       (ii) Procedure.--For a motion to proceed to the 
     consideration of a joint resolution--

       (I) all points of order against the motion are waived;

[[Page S7662]]

       (II) the motion is not debatable;
       (III) the motion is not subject to a motion to postpone;
       (IV) a motion to reconsider the vote by which the motion is 
     agreed to or disagreed to shall not be in order; and
       (V) if the motion is agreed to, the joint resolution shall 
     remain the unfinished business until disposed of.

       (C) Floor consideration generally.--If the Senate proceeds 
     to consideration of a joint resolution--
       (i) all points of order against the joint resolution (and 
     against consideration of the joint resolution) are waived;
       (ii) consideration of the joint resolution, and all 
     amendments thereto and debatable motions and appeals in 
     connection therewith, shall be limited to not more than 10 
     hours, which shall be divided equally between the majority 
     and minority leaders or their designees;
       (iii) an a motion to postpone or a motion to commit the 
     joint resolution is not in order; and
       (iv) a motion to proceed to the consideration of other 
     business is not in order.
       (D) Requirements for amendments.--
       (i) In general.--No amendment that is not germane to the 
     provisions of a joint resolution shall be considered.
       (ii) Repeal of major rules.--Notwithstanding clause (i) or 
     any other rule, an amendment or series of amendments to a 
     joint resolution shall always be in order if such amendment 
     or series of amendments proposes to repeal a major rule that 
     would result in a decrease in the direct cost of Federal 
     regulation during the 10-fiscal year period beginning with 
     the next full fiscal year.
       (E) Vote on passage.--The vote on passage shall occur 
     immediately following the conclusion of the consideration of 
     a joint resolution, and a single quorum call at the 
     conclusion of the debate if requested in accordance with the 
     rules of the Senate.
       (F) Rulings of the chair on procedure.--Appeals from the 
     decisions of the Chair relating to the application of this 
     subsection or the rules of the Senate, as the case may be, to 
     the procedure relating to a joint resolution shall be decided 
     without debate.
       (3) Consideration after passage.--
       (A) In general.--If Congress passes a joint resolution, the 
     period beginning on the date the President is presented with 
     the joint resolution and ending on the date the President 
     takes action with respect to the joint resolution shall be 
     disregarded in computing the period described in subsection 
     (g).
       (B) Vetoes.--If the President vetoes the joint resolution--
       (i) the period beginning on the date the President vetoes 
     the joint resolution and ending on the date Congress receives 
     the veto message with respect to the joint resolution shall 
     be disregarded in computing the period described in 
     subsection (g); and
       (ii) consideration of a veto message in the Senate under 
     this section shall be not more than 2 hours equally divided 
     between the majority and minority leaders or their designees.
       (4) Rules of house of representatives and senate.--This 
     subsection is enacted by Congress--
       (A) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such is 
     deemed a part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House in the case of a joint resolution, and 
     supersede other rules only to the extent that they are 
     inconsistent with such rules; and
       (B) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.
       (f) Effect of Joint Resolution.--
       (1) In general.--A major rule shall cease to have force or 
     effect if Congress enacts a joint resolution repealing the 
     major rule.
       (2) Limitation on subsequent rulemaking.--A rule that 
     ceases to have force or effect under paragraph (1) may not be 
     reissued in substantially the same form, and a new rule that 
     is substantially the same as such a rule may not be issued, 
     unless the reissued or new rule is specifically authorized by 
     a law enacted after the date of the joint resolution 
     repealing the original rule.
       (g) Failure to Enact Reductions in Spending.--
       (1) Determination.--On the date that is 61 days after the 
     date on which the debt limit is increased or a suspension of 
     the debt limit takes effect, the Director of the Office of 
     Management and Budget shall determine whether legislation has 
     been enacted eliminating rules that reduces the direct cost 
     of Federal regulation during the 10-fiscal year period 
     described in subsection (b)(1) by not less than the amount of 
     the increase in the debt limit.
       (2) Insufficient reductions.--If the Director of the Office 
     of Management and Budget determines that legislation has not 
     been enacted that eliminates rules that reduces the direct 
     cost of Federal regulation during the 10-fiscal year period 
     described in subsection (b)(1) by not less than the amount of 
     the increase in the debt limit, effective on the date of the 
     determination, the limitation in section 3101(b) of title 31, 
     United States Code, shall be equal to the sum of the face 
     amount of obligations issued under chapter 31 of title 31, 
     United States Code, and the face amount of obligations whose 
     principal and interest are guaranteed by the United States 
     Government (except guaranteed obligations held by the 
     Secretary of the Treasury) outstanding on the date of the 
     determination.
                                 ______
                                 
  SA 2760. Mrs. MURRAY (for Mr. Heller) proposed an amendment to the 
bill S. 1731, to amend title 38, United States Code, to waive the 
minimum period of continuous active duty in the Armed Forces for 
receipt of certain benefits for homeless veterans, to authorize the 
Secretary of Veterans Affairs to furnish such benefits to homeless 
veterans with discharges or releases from service in the Armed Forces 
with other than dishonorable conditions, and for other purposes; as 
follows:

       On page 4, between lines 15 and 16, insert the following:

     SEC. 6. AUTHORIZATION OF PER DIEM PAYMENTS FOR FURNISHING 
                   CARE TO DEPENDENTS OF CERTAIN HOMELESS 
                   VETERANS.

       Section 2012(a) of title 38, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(4) Services for which a recipient of a grant under 
     section 2011 of this title (or an entity described in 
     paragraph (1)) may receive per diem payments under this 
     subsection may include furnishing care for a dependent of a 
     homeless veteran who is under the care of such homeless 
     veteran while such homeless veteran receives services from 
     the grant recipient (or entity).''.
                                 ______
                                 
  SA 2761. Mr. LEE 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:

       At the end of title VIII, insert the following:

             Subtitle E--Private Disability Insurance Plans

     SEC. 851. REDUCTION OF PAYROLL TAX FOR ENROLLMENT IN A 
                   PRIVATE DISABILITY INSURANCE PLAN.

       (a) Self-employment Income Tax.--Section 1401 of the 
     Internal Revenue Code of 1986 is amended--
       (1) in subsection (a), by striking ``In addition to'' and 
     inserting ``Except as provided in subsection (d), in addition 
     to'', and
       (2) by adding at the end the following new subsection:
       ``(d) Reduction of Tax Rate for Self-employed Individuals 
     Who Are Enrolled in a Private Disability Insurance Plan.--
       ``(1) In general.--For any self-employment income received 
     in any calendar year after 2015 by an applicable individual, 
     the tax imposed under subsection (a) for each taxable year 
     shall be equal to--
       ``(A) for the first calendar year in which such individual 
     is enrolled in a private disability insurance plan which 
     satisfies the requirements in paragraph (3), 11.5 percent, 
     and
       ``(B) for any subsequent calendar year in which such 
     individual is enrolled in a private disability insurance 
     plan, 12.15 percent.
       ``(2) Penalty rate for termination of coverage.--In the 
     case of an applicable individual who terminates enrollment in 
     a private disability insurance plan within 5 years of the 
     date on which such enrollment began, for any self-employment 
     income received in the calendar year beginning after the date 
     of termination, the tax imposed under subsection (a) for any 
     taxable year beginning in such calendar year shall be equal 
     to 13.95 percent.
       ``(3) Applicable individual.--For purposes of this 
     subsection, the term `applicable individual' means an 
     individual enrolled in a private disability insurance plan 
     which satisfies the following requirements:
       ``(A) The plan shall be subject to regulation and oversight 
     by the appropriate State insurance regulator.
       ``(B) The plan shall provide periodic payments to the 
     enrolled individual which, on an annual basis, are equal to 
     an amount that is not less than 50 percent of the annual 
     self-employment income of such individual during the 
     preceding calendar year.
       ``(C) The plan shall provide payments to the enrolled 
     individual for a period of 2 years.
       ``(D) The plan may not require the enrolled individual to 
     file an application for disability insurance benefits under 
     section 223 of the Social Security Act during the first 18 
     months in which such individual is provided payments under 
     such plan.
       ``(E) The plan may, as a condition of receiving payments 
     under such plan, require the enrolled individual to receive 
     any medical treatment or vocational rehabilitation which has 
     been determined as likely to improve the ability of such 
     individual to return to employment.
       ``(F) In the case of an individual who has applied for 
     disability insurance benefits following the period described 
     in subparagraph (D), the plan shall agree to provide the 
     Commissioner of Social Security with any records relevant to 
     the disability determination made under such plan for such 
     individual.''.
       (b) Employer Tax.--Section 3111 of the Internal Revenue 
     Code of 1986 is amended--

[[Page S7663]]

       (1) in subsection (a), by striking ``In addition to'' and 
     inserting ``Except as provided in subsection (f), in addition 
     to''; and
       (2) by adding at the end of the following new subsection:
       ``(f) Reduction of Tax Rate for Employers Providing Private 
     Disability Insurance Plans to Employees.--
       ``(1) In general.--For any wages paid by an employer in any 
     calendar year after 2015 to an applicable individual in their 
     employ, the tax imposed under subsection (a) shall be equal 
     to--
       ``(A) for the first calendar year in which such individual 
     is enrolled in a private disability insurance plan which 
     satisfies the requirements in paragraph (3), 5.3 percent, and
       ``(B) for any subsequent calendar year in which such 
     individual is enrolled in a private disability insurance 
     plan, 5.95 percent.
       ``(2) Penalty rate for termination of coverage.--In the 
     case of an employer who terminates coverage under a private 
     disability insurance plan for an applicable individual within 
     5 years of the date on which enrollment in such plan began, 
     for any wages paid by the employer to such individual 
     (provided that such individual continues in their employ) in 
     the calendar year beginning after the date of termination, 
     the tax imposed under subsection (a) for during such calendar 
     year shall be equal to 7.75 percent.
       ``(3) Applicable individual.--For purposes of this 
     subsection, the term `applicable individual' means an 
     individual enrolled in a private disability insurance plan 
     which satisfies the following requirements:
       ``(A) The plan shall be subject to regulation and oversight 
     by the appropriate State insurance regulator.
       ``(B) The plan shall provide periodic payments to the 
     enrolled individual which, on an annual basis, are equal to 
     an amount that is not less than 50 percent of the annual 
     wages paid to such individual during the preceding calendar 
     year.
       ``(C) The plan shall provide payments to the enrolled 
     individual for a period of 2 years.
       ``(D) The plan may not require the enrolled individual to 
     file an application for disability insurance benefits under 
     section 223 of the Social Security Act during the first 18 
     months in which such individual is provided payments under 
     such plan.
       ``(E) The plan may not require the enrolled individual to 
     contribute to the payment of any insurance premiums for such 
     plan.
       ``(F) The plan may, as a condition of receiving payments 
     under such plan, require the enrolled individual to receive 
     any medical treatment or vocational rehabilitation which has 
     been determined as likely to improve the ability of such 
     individual to return to employment.
       ``(G) In the case of an individual who has applied for 
     disability insurance benefits following the period described 
     in subparagraph (D), the plan shall agree to provide the 
     Commissioner of Social Security with any records relevant to 
     the disability determination made under such plan for such 
     individual.''.
       (c) Assistance From Department of Labor.--The Secretary of 
     the Department of Labor shall provide appropriate guidance 
     and technical assistance to any State insurance regulator 
     that requests such guidance and assistance for purposes of 
     regulation and oversight of private disability insurance 
     plans described in sections 1401(d)(2) and 3111(f)(2) of the 
     Social Security Act, as added by this section.
       (d) Conforming Amendment.--Section 223(b) of the Social 
     Security Act (42 U.S.C. 423(b)) is amended by adding at the 
     end the following: ``An applicable individual (as described 
     in section 1401(d)(3) or section 3111(f)(3) of the Internal 
     Revenue Code of 1986) may not file an application for 
     disability benefits during the first 18 months in which such 
     individual is provided payments under a private disability 
     insurance plan which satisfies the requirements under section 
     1401(d)(3) or section 3111(f)(3) of such Code.''
       (e) Effective Date.--The amendments made by this section 
     shall apply to remuneration paid in any calendar year after 
     2015.

                          ____________________