P.L. 114–074, Approved November 2, 2015 (129 Stat. 584)

SEC. 1. [42U.S.C. 1305 note] SHORT TITLE

An Act 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. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. This Act may be cited as the “Bipartisan Budget Act of 2015”.

SEC. 601. MAINTAINING 2016 MEDICARE PART B PREMIUM AND DEDUCTIBLE LEVELS CONSISTENT WITH ACTUARIALLY FAIR RATES.

***

(d)  Conditional Application to 2017 if No Social Security COLA for 2017.—If there is no increase in the monthly insurance benefits payable under title II with respect to December 2016 pursuant to section 215(i), then the amendments made by this section shall be applied as if—

(1)  the reference to “2016” in paragraph (5)(A) of section 1839(a) of the Social Security Act (42 U.S.C. 1395r(a)), as added by subsection (a)(2), was a reference to “2016 and 2017”;

(2)  the reference to “a month during a year, beginning with 2016” in paragraph (6)(B) of section 1839^[473] of such Act , as added by subsection (a)(2), was a reference to “a month in a year, beginning with 2016 and beginning with 2017, respectively”;

(3)  the reference to “2016” in subsection (d)(1) of section 1844 of such Act, as added by subsection (b)(2), was a reference to “each of 2016 and 2017”.

Any increase in premiums effected under this subsection shall be in addition to the increase effected by the amendments made by subsection (a).

(e)  Construction Regarding No Authority to Initiate Application to Years After 2017.—Nothing in subsection (d) or the amendments made by this section shall be construed as authorizing the Secretary of Health and Human Services to initiate application of such subsection or amendments for a year after 2017.

SEC. 811. EXPANSION OF COOPERATIVE DISABILITY INVESTIGATIONS UNITS.

(a)  In General.—Not later than October 1, 2022, the Commissioner of Social Security shall take any necessary actions, subject to the availability of appropriations, to ensure that cooperative disability investigations units have been established, in areas where there is cooperation with local law enforcement agencies, that would cover each of the 50 States, the District of Columbia, Puerto Rico, Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa.

(b)  Report.—Not later than 90 days after the date of the enactment of this Act and annually thereafter until the earlier of 2022 or the date on which nationwide coverage is achieved, the Commissioner of Social Security shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report describing a plan to implement the nationwide coverage described in subsection (a) and outlining areas where the Social Security Administration did not receive the cooperation of local law enforcement agencies.

SEC. 812. EXCLUSION OF CERTAIN MEDICAL SOURCES OF EVIDENCE.

***

(b)  Regulations.—Not later than 1 year after the date of the enactment of this Act, the Commissioner of Social Security shall issue regulations to carry out the amendment made by subsection (a).

(c)  Effective Date.—The amendment made by subsection (a) shall apply with respect to determinations of disability made on or after the earlier of—

(1)  the effective date of the regulations issued by the Commissioner under subsection (b); or

(2)  one year after the date of the enactment of this Act.

SEC. 824 USE OF ELECTRONIC PAYROLL DATA TO IMPROVE PROGRAM ADMINISTRATION.

***

(d)  Regulations.—Not later than 1 year after the date of the enactment of this Act, the Commissioner of Social Security shall prescribe by regulation procedures for implementing the Commissioner's access to and use of information held by payroll providers, including—

(1)  guidelines for establishing and maintaining information exchanges with payroll providers, pursuant to section 1184 of the Social Security Act;

(2)  beneficiary authorizations;

(3)  reduced wage reporting responsibilities for individuals who authorize the Commissioner to access information held by payroll data providers through an information exchange; and

(4)  procedures for notifying individuals in writing when they become subject to such reduced wage reporting requirements and when such reduced wage reporting requirements no longer apply to them.

(e)  Effective Date.—The amendments made by this section shall take effect on the date that is 1 year after the date of the enactment of this Act.

SEC. 826. ELECTRONIC REPORTING OF EARNINGS.

(a)  In General.—Not later than September 30, 2017, the Commissioner of Social Security shall establish and implement a system that—

(1)  allows an individual entitled to a monthly insurance benefit based on disability under title II of the Social Security Act (or a representative of the individual) to report to the Commissioner the individual’s earnings derived from services through electronic means, including by telephone and Internet; and

(2)  automatically issues a receipt to the individual (or representative) after receiving each such report.

(b)  Supplemental Security Income Reporting System as Model.—The Commissioner shall model the system established under subsection (a) on the electronic wage reporting systems for recipients of supplemental security income under title XVI of such Act.

SEC. 845. REPORTING REQUIREMENTS TO CONGRESS

***

(b)  Report on Work-Related Continuing Disability Reviews.—The Commissioner of Social Security shall annually submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the number of work-related continuing disability reviews conducted each year to determine whether earnings derived from services demonstrate an individual’s ability to engage in substantial gainful activity. Such report shall include—

(1)  the number of individuals receiving benefits based on disability under title II of such Act for whom reports of earnings were received from any source by the Commissioner in the previous calendar year, reported as a total number and separately by the source of the report;

(2)  the number of individuals for whom such reports resulted in a determination to conduct a work-related continuing disability review, and the basis on which such determinations were made;

(3)  in the case of a beneficiary selected for a work-related continuing disability review on the basis of a report of earnings from any source—

(A)  the average number of days—

(i)  between the receipt of the report and the initiation of the review;

(ii)  between the initiation and the completion of the review; and

(iii)  the average amount of overpayment, if any;

(B)  the number of such reviews completed during such calendar year, and the number of such reviews that resulted in a suspension or termination of benefits;

(C)  the number of such reviews initiated in the current year that had not been completed as of the end of such calendar year;

(D)  the number of such reviews initiated in a prior year that had not been completed as of the end of such calendar year;

(4)  the total savings to the Trust Funds and the Treasury generated from benefits suspended or terminated as a result of such reviews; and

(5)  with respect to individuals for whom a work-related continuing disability review was completed during such calendar year—

(A)  the number who participated in the Ticket to Work program under section 1148 during such calendar year;

(B)  the number who used any program work incentives during such calendar year; and

(C)  the number who received vocational rehabilitation services during such calendar year with respect to which the Commissioner of Social Security reimbursed a State agency under section 222(d).

(c)  Report on Overpayment Waivers.—Not later than January 1 of each calendar year, the Commissioner of Social Security shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on—

(1)  the number and total value of overpayments recovered or scheduled to be recovered by the Social Security Administration during the previous fiscal year of benefits under title II and title XVI, respectively, including the terms and conditions of repayment of such overpayments; and

(2)  the number and total value of overpayments waived by the Social Security Administration during the previous fiscal year of benefits under title II and title XVI, respectively.

SEC. 846. EXPEDITED EXAMINATION OF ADMINISTRATIVE LAW JUDGES.

(a)  In General.—Notwithstanding any other provision of law, the Office of Personnel Management shall, upon request of the Commissioner of Social Security, expeditiously administer a sufficient number of competitive examinations, as determined by the Commissioner, for the purpose of identifying an adequate number of candidates to be appointed as Administrative Law Judges under section 3105 of title 5, United States Code. The first such examination shall take place not later than April 1, 2016 and other examinations shall take place at such time or times requested by the Commissioner, but not later than December 31, 2022. Such examinations shall proceed even if one or more individuals who took a prior examination have appealed an adverse determination and one or more of such appeals have not concluded, provided that—

(1)  the Commissioner of Social Security has made a determination that delaying the examination poses a significant risk that an adequate number of Administrative Law Judges will not be available to meet the need of the Social Security Administration to reduce or prevent a backlog of cases awaiting a hearing;

(2)  an individual whose appeal is pending is provided an option to continue their appeal or elects to take the new examination, in which case the appeal is considered vacated; and

(3)  an individual who decides to continue his or her appeal and who ultimately prevails in the appeal shall receive expeditious consideration for hire by the Office Personnel Management and the Commissioner of Social Security.

(b)  Payment of Costs.—Notwithstanding any other provision of law, the Commissioner of Social Security shall pay the full cost associated with each examination conducted pursuant to subsection (a).