[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2374 Introduced in Senate (IS)]
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115th CONGRESS
2d Session
S. 2374
To amend the Improper Payments Elimination and Recovery Improvement Act
of 2012, including making changes to the Do Not Pay Initiative, for
improved detection, prevention, and recovery of improper payments to
deceased individuals, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 5, 2018
Mr. Carper (for himself, Mr. Kennedy, Mrs. McCaskill, Mr. Peters, and
Mr. Warner) introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To amend the Improper Payments Elimination and Recovery Improvement Act
of 2012, including making changes to the Do Not Pay Initiative, for
improved detection, prevention, and recovery of improper payments to
deceased individuals, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stopping Improper Payments to
Deceased People Act''.
SEC. 2. DISTRIBUTION OF DEATH INFORMATION FURNISHED TO OR MAINTAINED BY
THE SOCIAL SECURITY ADMINISTRATION.
(a) In General.--
(1) In general.--Section 205(r) of the Social Security Act
(42 U.S.C. 405(r)) is amended--
(A) in paragraph (2)--
(i) by striking ``may'' and inserting
``shall''; and
(ii) by inserting ``, and to ensure the
completeness, timeliness, and accuracy of,''
after ``transmitting'';
(B) by striking paragraphs (3), (4), and (5) and
inserting the following:
``(3)(A) The Commissioner of Social Security shall, to the extent
feasible, provide for the use of information regarding all deceased
individuals furnished to or maintained by the Commissioner under this
subsection in accordance with subparagraph (B), subject to such
safeguards as the Commissioner of Social Security determines are
necessary or appropriate to protect the information from unauthorized
use or disclosure, by any Federal or State agency providing federally
funded benefits or administering a Federal program for such benefits,
including the agency operating the Do Not Pay working system for
ensuring proper payment of those benefits, through a cooperative
arrangement with the agency (that includes the agency's Inspector
General) or with an agency's Inspector General, if--
``(i) under such arrangement the agency (including, if
applicable, the agency's Inspector General) provides
reimbursement to the Commissioner of Social Security for the
reasonable cost of carrying out such arrangement, including the
reasonable costs associated with the collection and maintenance
of information regarding deceased individuals furnished to the
Commissioner pursuant to paragraph (1); and
``(ii) such arrangement does not conflict with the duties
of the Commissioner of Social Security under paragraph (1).
``(B) The Commissioner of Social Security shall, to the extent
feasible, provide for the use of information regarding all deceased
individuals furnished to or maintained by the Commissioner under this
subsection, through a cooperative arrangement in order for a Federal
agency to carry out any of the following purposes, if the requirements
of clauses (i) and (ii) of subparagraph (A) are met:
``(i) Operating the Do Not Pay working system established
by section 5 of the Improper Payments Elimination and Recovery
Improvement Act of 2012. Under such arrangement, the agency
operating the working system may compare death information
disclosed by the Commissioner with personally identifiable
information reviewed through the working system, and may
redisclose such comparison of information, as appropriate, to
any Federal or State agency authorized to use the working
system.
``(ii) To ensure proper payments under a Federal program or
the proper payment of federally funded benefits, including for
purposes of payment certification, payment disbursement, and
the prevention, identification, or recoupment of improper
payments.
``(iii) To carry out tax administration or debt collection
duties of the agency.
``(iv) For use by any policing agency of the Federal
Government with the principle function of prevention,
detection, or investigation of crime or the apprehension of
alleged offenders.
``(C) With respect to the reimbursement to the Commissioner of
Social Security for the reasonable cost of carrying out a cooperative
arrangement described in subparagraph (A) between the Commissioner of
Social Security and an agency, the Commissioner shall--
``(i) establish a defined calculation method for purposes
of calculating the reasonable cost of carrying out the
arrangement that does not take into account any services,
information, or unrelated payments provided by the agency to
the Commissioner; and
``(ii) reimbursement payments shall be accounted for and
recorded separately from other transactions.
``(4) The Commissioner of Social Security may enter into similar
arrangements with States to provide information regarding all deceased
individuals furnished to or maintained by the Commissioner under this
subsection, for any of the purposes specified in paragraph (3)(B), for
use by States in programs wholly funded by the States, or for use in
the administration of a benefit pension plan or retirement system for
employees of a State or a political subdivision thereof, if the
requirements of clauses (i) and (ii) of paragraph (3)(A) are met. For
purposes of this paragraph, the terms `retirement system' and
`political subdivision' have the meanings given such terms in section
218(b).
``(5) The Commissioner of Social Security may use or provide for
the use of information regarding all deceased individuals furnished to
or maintained by the Commissioner under this subsection, subject to
such safeguards as the Commissioner of Social Security determines are
necessary or appropriate to protect the information from unauthorized
use or disclosure, for statistical purposes and research activities by
Federal and State agencies if the requirements of clauses (i) and (ii)
of paragraph (3)(A) are met. For purposes of this paragraph, the term
`statistical purposes' has the meaning given that term in section 502
of the Confidential Information Protection and Statistical Efficiency
Act of 2002.''; and
(C) in paragraph (8)(A)(i), by striking
``subparagraphs (A) and (B) of paragraph (3)'' and
inserting ``clauses (i) and (ii) of paragraph (3)(A)''.
(2) Repeal.--Effective on the date that is 5 years after
the date of enactment of this Act, the amendments made by this
subsection to paragraphs (3), (4), (5), and (8) of section
205(r) of the Social Security Act (42 U.S.C. 405(r)) are
repealed, and the provisions of section 205(r) of the Social
Security Act (42 U.S.C. 605(r)) so amended are restored and
revived as if such amendments had not been enacted.
(b) Amendment to Internal Revenue Code.--Section 6103(d)(4) of the
Internal Revenue Code of 1986 is amended--
(1) in subparagraphs (A) and (B), by striking ``Secretary
of Health and Human Services'' each place it appears and
inserting ``Commissioner of Social Security''; and
(2) in subparagraph (B)(ii), by striking ``such Secretary''
and all that follows through ``deceased individuals.'' and
inserting ``such Commissioner pursuant to such contract, except
that such contract may provide that such information is only to
be used by the Social Security Administration (or any other
Federal agency) for purposes authorized in the Social Security
Act or this title.''.
(c) Report to Congress on Alternative Sources of Death Data.--
(1) Requirements.--The Director of the Office of Management
and Budget shall conduct a review of potential alternative
sources of death data maintained by the non-Federal sources,
including sources maintained by State agencies or associations
of State agencies, for use by Federal agencies and programs.
The review shall include analyses of--
(A) the accuracy and completeness of such data;
(B) interoperability of such data;
(C) the extent to which there is efficient
accessibility of such data by Federal agencies;
(D) the cost to Federal agencies of accessing and
maintaining such data;
(E) the security of such data;
(F) the reliability of such data; and
(G) a comparison of the potential alternate sources
of death data to the death data distributed by the
Commissioner of Social Security.
(2) Report.--Not later than 4 years after the date of
enactment of this Act, the Director of the Office of Management
and Budget shall submit a report to Congress on the results of
the review and analyses required under paragraph (1). The
report shall include a recommendation by the Director of the
Office of Management and Budget regarding whether to extend the
agency access to death data distributed by the Commissioner of
Social Security provided under the amendments made by
subsection (a)(1) beyond the date on which such amendments are
to be repealed under subsection (a)(2).
SEC. 3. IMPROVING THE USE OF DATA BY GOVERNMENT AGENCIES TO CURB
IMPROPER PAYMENTS.
The Improper Payments Elimination and Recovery Improvement Act of
2012 (31 U.S.C. 3321 note) is amended by adding at the end the
following:
``SEC. 8. IMPROVING THE USE OF DEATH DATA BY GOVERNMENT AGENCIES.
``(a) Guidance by the Office of Management and Budget.--
``(1) Guidance to agencies.--Not later than 6 months after
the date of enactment of this section, and in consultation with
the Council of Inspectors General on Integrity and Efficiency
and the heads of other relevant Federal, State, and local
agencies, and Indian tribes and tribal organizations, the
Director of the Office of Management and Budget shall issue
guidance for each agency or component of an agency that
operates or maintains a database of information relating to
beneficiaries, annuity recipients, or any purpose described in
section 205(r)(3)(B) of the Social Security Act (42 U.S.C.
405(r)(3)(B)) for which improved data matching with databases
relating to the death of an individual (in this section
referred to as `death databases') would be relevant and
necessary regarding implementation of this section to provide
such agencies or components access to the death databases no
later than 6 months after such date of enactment.
``(2) Plan to assist states and local agencies and indian
tribes and tribal organizations.--Not later than 1 year after
the date of enactment of this section, the Director of the
Office of Management and Budget shall develop a plan to assist
States and local agencies, and Indian tribes and tribal
organizations, in providing electronically to the Federal
Government records relating to the death of individuals, which
may include recommendations to Congress for any statutory
changes or financial assistance to States and local agencies
and Indian tribes and tribal organizations that are necessary
to ensure States and local agencies and Indian tribes and
tribal organizations can provide such records electronically.
The plan may include recommendations for the authorization of
appropriations or other funding to carry out the plan.
``(b) Reports.--
``(1) Report to congress on improving data matching
regarding payments to deceased individuals.--Not later than 270
days after the date of enactment of this section, the Director
of the Office of Management and Budget, in consultation with
the heads of other relevant Federal agencies, and in
consultation with States and local agencies, Indian tribes and
tribal organizations, shall submit to Congress a plan to
improve how States and local agencies and Indian tribes and
tribal organizations that provide benefits under a federally
funded program will improve data matching with the Federal
Government with respect to the death of individuals who are
recipients of such benefits.
``(2) Annual report.--Not later than 1 year after the date
of enactment of this section, and for each of the 4 succeeding
years, the Director of the Office of Management and Budget
shall submit to Congress a report regarding the implementation
of this section. The first report submitted under this
paragraph shall include the recommendations of the Director
required under subsection (a)(2).
``(c) Definitions.--In this section, the terms `Indian tribe' and
`tribal organization' have the meanings given those terms in section 4
of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b).''.
SEC. 4. PLAN FOR ENSURING THE ACCURACY AND COMPLETENESS OF DEATH DATA
MAINTAINED AND DISTRIBUTED BY THE SOCIAL SECURITY
ADMINISTRATION.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Commissioner of Social Security shall submit to
Congress a plan, which shall include an estimate of the cost of
implementing the policies and procedures described in such plan, to
improve the accuracy and completeness of the death data (including,
where feasible and cost-effective, data regarding individuals who are
not eligible for or receiving benefits under titles II or XVI of the
Social Security Act) maintained and distributed by the Social Security
Administration.
(b) Content of Plan.--In developing the plan required under
subsection (a), the Commissioner of Social Security shall consider
whether to include the following elements:
(1) Procedures for--
(A) identifying individuals who are extremely
elderly, as determined by the Commissioner, but for
whom no record of death exists in the records of the
Social Security Administration;
(B) verifying the information contained in the
records of the Social Security Administration with
respect to individuals described in subparagraph (A)
and correcting any inaccuracies; and
(C) where appropriate, disclosing corrections made
to the records of the Social Security Administration.
(2) Improved policies and procedures for identifying and
correcting erroneous death records, including policies and
procedures for--
(A) identifying individuals listed as dead who are
actually alive;
(B) identifying individuals listed as alive who are
actually dead; and
(C) allowing individuals or survivors of deceased
individuals to notify the Social Security
Administration of potential errors.
(3) Improved policies and procedures to identify and
correct discrepancies in the records of the Social Security
Administration, including social security number records.
(4) A process for employing statistical analysis of the
death data maintained and distributed by the Social Security
Administration to determine an estimate of the number of
erroneous records.
(5) Recommendations for legislation, as necessary.
SEC. 5. REPORT ON INFORMATION SECURITY.
Not later than 90 days after the date of the enactment of this Act,
the Commissioner of Social Security shall submit a report to the
Committees on Ways and Means, Oversight and Government Reform, and
Homeland Security of the House of Representatives, and the Committees
on Finance and Homeland Security and Governmental Affairs of the Senate
that--
(1) identifies all information systems of the Social
Security Administration containing sensitive information; and
(2) describes the measures the Commissioner is taking to
secure and protect such information systems.
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