[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1360 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1360

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

                             July 24, 2013

Mr. Carper (for himself and Mr. Coburn) 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 ``Improper Payments Agency Cooperation 
Enhancement Act of 2013''.

SEC. 2. IMPROVING THE SHARING AND USE OF DEATH DATA BY GOVERNMENT 
              AGENCIES TO CURB IMPROPER PAYMENTS.

    (a) In General.--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. 7. IMPROVING THE SHARING AND USE OF DEATH DATA BY GOVERNMENT 
              AGENCIES TO CURB IMPROPER PAYMENTS.

    ``(a) Definitions.--In this section--
            ``(1) the term `Commissioner' means the Commissioner of 
        Social Security;
            ``(2) the term `Director' means the Director of the Office 
        of Management and Budget;
            ``(3) the term `Inspector General' has the meaning defined 
        by section 5(e)(1);
            ``(4) the term `local government' means the government of a 
        political subdivision of a State;
            ``(5) the term `payment' has the meaning given that term 
        under section 2(g) of the Improper Payment Information Act of 
        2002 (31 U.S.C. 3321 note);
            ``(6) the term `Registry' means the National Deaths 
        Registry established under subsection (b)(1); and
            ``(7) the term `tribal government' means the government of 
        an Indian tribe, as that term is defined in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 450b).
    ``(b) Establishment of Registry.--
            ``(1) In general.--The Commissioner shall establish and 
        maintain a registry of information relating to the deaths of 
        individuals, to be known as the National Deaths Registry.
            ``(2) Inclusion of information.--As provided under this 
        section and in accordance with the guidance issued under 
        subsection (f), the Commissioner shall include information 
        relating to the deaths of individuals in the Registry for the 
        purpose of supporting the Do Not Pay Initiative under section 5 
        and otherwise preventing, identifying, or recovering improper 
        payments.
    ``(c) Use of the Registry.--
            ``(1) Availability to federal agencies.--The Commissioner 
        shall enter into cooperative agreements with agencies, 
        including Inspectors General--
                    ``(A) under which the Commissioner shall provide 
                the information in the Registry (in full and without 
                limitation, as provided in subsection (h)(1)) to the 
                agency or Inspector General for purposes of 
                facilitating--
                            ``(i) the making of authorized payments or 
                        the prevention, identification, or recovery of 
                        improper payments;
                            ``(ii) carrying out section 5;
                            ``(iii) in the case of the Bureau of the 
                        Census, verifying information obtained as part 
                        of a decennial census conducted under section 
                        141(a) of title 13, United States Code; or
                            ``(iv) other agency functions, including 
                        public health or safety, law enforcement, tax 
                        administration, health administration 
                        oversight, and debt collection, as determined 
                        appropriate by the Commissioner and in 
                        accordance with guidance issued under 
                        subsection (f); and
                    ``(B) which shall require the agency or Inspector 
                General to provide reimbursement to the Commissioner 
                for the reasonable cost of carrying out the agreement.
            ``(2) Availability to states and local and tribal 
        governments.--
                    ``(A) For making federally funded payments or 
                avoiding federally funded improper payments.--The 
                Commissioner shall, to the extent feasible, enter into 
                cooperative agreements with States and local and tribal 
                governments--
                            ``(i) to provide the information in the 
                        Registry to the State or local or tribal 
                        government for purposes of facilitating the 
                        making of authorized payments and the 
                        prevention, identification, or recovery of 
                        improper payments under federally funded 
                        programs; and
                            ``(ii) which shall require the State or 
                        local or tribal government to provide 
                        reimbursement to the Commissioner for the 
                        reasonable cost of carrying out the agreement.
                    ``(B) For programs wholly funded by states and 
                local and tribal governments.--The Commissioner may 
                enter into cooperative agreements with States and local 
                and tribal governments--
                            ``(i) to provide the information in the 
                        Registry for purposes relating to programs 
                        wholly funded by the State or local or tribal 
                        governments; and
                            ``(ii) which shall require the State or 
                        local or tribal government to provide 
                        reimbursement to the Commissioner for the 
                        reasonable cost of carrying out the agreement.
            ``(3) Exceptional circumstances.--The Commissioner may 
        withhold information that would otherwise be required to be 
        disclosed under a cooperative agreement under this subsection 
        if the Commissioner determines there are exceptional 
        circumstances warranting an exception (such as safety of the 
        individual or interference with an investigation).
            ``(4) Confidentiality.--Information provided by the 
        Commission under an agreement under this subsection or by an 
        individual to any agency that has entered into a cooperative 
        agreement under this subsection shall be--
                    ``(A) considered as strictly confidential; and
                    ``(B) used only for the purposes described in this 
                subsection and for carrying out an agreement under this 
                subsection.
    ``(d) Registry Requirements.--The Commissioner shall--
            ``(1) implement procedures for identifying and correcting 
        errors, including those identified--
                    ``(A) by agencies;
                    ``(B) by States and local and tribal governments; 
                and
                    ``(C) by members of the public;
            ``(2) include a process for determining the accuracy of 
        death records in the Registry, including estimates of accuracy 
        through the use of statistical sampling of errors on a 
        systematic basis;
            ``(3) ensure the Registry is operated and maintained in 
        accordance with protocols that ensure the secure transfer and 
        storage of any information provided to another entity 
        consistent with applicable laws and best practices of the 
        Federal Government relating to information, privacy, security, 
        and disclosure, including protecting social security numbers 
        and other identifiers determined appropriate by the 
        Commissioner; and
            ``(4) make the information in the Registry available to a 
        contractor of an agency, State, or local or tribal government 
        for carrying out a purpose described in subsection (c)(1) or 
        (c)(2) and in accordance with the cooperative agreement with 
        the agency, State, or local or tribal government if the agency, 
        State, or local or tribal government submits to the 
        Commissioner a certification that the contractor is in 
        compliance with the requirements of the agency relating to 
        privacy and security described in paragraph (3).
    ``(e) Reporting by Federal Agencies of Additional Death Data to the 
Registry.--
            ``(1) Improved death data matching by federal agencies.--
                    ``(A) In general.--Not later than 90 days after the 
                date of enactment of the Improper Payments Agency 
                Cooperation Enhancement Act of 2013, the Director shall 
                identify each agency or component of an agency that 
                operates or maintains a database of information 
                relating to beneficiaries, annuity recipients, or other 
                matters such that improved data matching with the 
                Registry would be desirable, as determined by the 
                Director.
                    ``(B) Matching requirement.--
                            ``(i) In general.--The head of each agency 
                        identified by the Director under subparagraph 
                        (A) shall establish a data matching procedure 
                        under which the agency shall compare 
                        information in the database of the agency with 
                        information in the Registry in order to improve 
                        the accuracy and completeness of the 
                        information in both the database of the agency 
                        and in the Registry relating to the death of 
                        individuals and to facilitate the prevention, 
                        identification, and recovery of improper 
                        payments.
                            ``(ii) Do not pay program.--The requirement 
                        to establish a data matching procedure under 
                        this subparagraph shall not be construed to 
                        diminish in any way the requirements for an 
                        agency under section 5, relating to preventing 
                        identifying, and recovering improper payments, 
                        including to deceased individuals.
            ``(2) Prompt reporting.--Not later than 1 year after the 
        date of enactment of the Improper Payments Agency Cooperation 
        Enhancement Act of 2013, each agency identified by the Director 
        under paragraph (1)(A) shall establish a procedure (consistent 
        with guidance issued under subsection (f)) under which the 
        agency shall, promptly and on a regular basis, submit to the 
        Commissioner information relating to the death of a Federal 
        beneficiary, Federal annuitant recipient, or other individual 
        relevant for the purposes of this section.
    ``(f) Guidance by the Office of Management and Budget.--
            ``(1) Guidance to agencies.--Not later than 6 months after 
        the date of enactment of the Improper Payments Agency 
        Cooperation Enhancement Act of 2013, and in consultation with 
        the Council of Inspectors General on Integrity and Efficiency, 
        the Commissioner, and the heads of other relevant agencies, the 
        Director shall issue guidance for agencies regarding 
        implementation of this section.
            ``(2) Guidance for states and local and tribal 
        governments.--Not later than 6 months after the date of 
        enactment of the Improper Payments Agency Cooperation 
        Enhancement Act of 2013, the Director shall provide guidance to 
        States and local and tribal governments relating to accessing 
        and using information in the Registry.
            ``(3) Plan to assist states and local and tribal 
        governments.--The Director shall develop a plan to assist 
        States and local and tribal governments in providing 
        electronically to the Commissioner, for use or inclusion in the 
        Registry, records relating to the death of individuals, which 
        shall include recommendations to Congress for any statutory 
        changes or financial assistance to States and local and tribal 
        governments that are necessary to ensure States and local and 
        tribal governments can provide such records electronically not 
        later than January 1, 2015.
    ``(g) Reporting.--
            ``(1) Report to congress on improving data matching 
        regarding payments to individuals who are deceased.--Not later 
        than 270 days after the date of enactment of Improper Payments 
        Agency Cooperation Enhancement Act of 2013, the Director, after 
        consultation with the Commissioner, the heads of other relevant 
        agencies, and States and local and tribal governments, shall 
        submit to Congress a plan regarding how States and local and 
        tribal governments that provide benefits under a federally 
        funded program will improve data matching with the Registry.
            ``(2) Annual report.--Not later than 1 year after the date 
        of enactment of the Improper Payments Agency Cooperation 
        Enhancement Act of 2013, and every year thereafter until the 
        date that is 4 years after such date of enactment, the Director 
        shall submit to Congress a report, which may be included as 
        part of another report submitted to Congress by the Director, 
        regarding the implementation of this section and the Improper 
        Payments Agency Cooperation Enhancement Act of 2013. The first 
        report under this paragraph shall include the recommendations 
        of the Director described in subsection (f)(3).
    ``(h) Consistency With the Social Security Act.--
            ``(1) In general.--Notwithstanding section 205(r) of the 
        Social Security Act (42 U.S.C. 405(r)) or any other provision 
        of that Act, the Commissioner may include in the Registry any 
        information provided to the Commissioner pursuant to that Act 
        (including any information received from a State or any other 
        source) and may use or provide all such information (including 
        information received from States or any other source) as 
        authorized under this section to any agency, including any 
        Inspector General.
            ``(2) Functions.--To the extent any function of the 
        Commissioner under the Social Security Act (42 U.S.C. 401 et 
        seq.) is the same as a required function of the Commissioner 
        under this section, performance of the function under that Act 
        shall also satisfy the requirement to perform the function 
        under this section.
            ``(3) Use regardless of source of information.--The 
        Commissioner may use any information in the Registry for any 
        purpose authorized under the Social Security Act (42 U.S.C. 401 
        et seq.), regardless of whether the information was provided to 
        the Commissioner under authority of this section or any 
        provision of the Social Security Act.''.
    (b) Technical and Conforming Amendment.--Section 2(g)(3) of the 
Improper Payments Information Act of 2002 (31 U.S.C. 3321 note) is 
amended by striking ``Federal employee,'' and inserting ``Federal 
employee or any other individual in Federal service,''.

SEC. 3. ENHANCEMENT OF PREPAYMENT AND PRE-AWARD PROCEDURES.

    Section 5(a) of the Improper Payments Elimination and Recovery 
Improvement Act of 2012 (31 U.S.C. 3321 note) is amended--
            (1) in paragraph (2) by adding, after subparagraph (E), the 
        following:
                    ``(F) The registry of people who are deceased 
                established by the Commissioner of Social Security 
                under section 7.''; and
            (2) by adding, after paragraph (2), the following:
            ``(3) Agencies to provide access.--Each agency that 
        operates or maintains a database described in paragraph (2) 
        shall provide each other agency with access to the information 
        contained in that database for purposes of complying with 
        paragraphs (1) and (2), subject to such reasonable and 
        permissible conditions as the agency operating or maintaining 
        the database establishes.''.

SEC. 4. DATA ANALYTICS.

    Section 5 of 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--
    ``(h) Report on Improper Payments Data Analysis.--Not later than 
180 days after the date of enactment of the Improper Payments Agency 
Cooperation Enhancement Act of 2013, the Secretary of the Treasury 
shall submit to Congress a report, which may be included as part of 
another report submitted to Congress, which shall include a description 
of--
            ``(1) data analytics performed as part of the Do Not Pay 
        Initiative for the purpose of detecting, preventing, and 
        recovering improper payments through pre-award, post-award pre-
        payment, and post-payment analysis, which shall include a 
        description of any analysis or investigations incorporating--
                    ``(A) review and data matching of payments and 
                beneficiary enrollment lists of State programs carried 
                out using Federal funds for the purposes of identifying 
                eligibility duplication, residency ineligibility, 
                duplicate payments, or other potential improper payment 
                issues;
                    ``(B) review of multiple Federal agencies and 
                programs for which comparison of data could show 
                payment duplication; and
                    ``(C) review of other information the Secretary of 
                the Treasury determines are effective, which may 
                include investigation or review of information from 
                multiple Federal agencies or programs; and
            ``(2) the metrics used in determining whether the analytic 
        and investigatory efforts have reduced, or contributed to the 
        reduction of, improper payments or improper awards.''.

SEC. 5. CURBING IMPROPER PAYMENT OF FEDERAL RETIREMENT ANNUITIES TO 
              DECEASED INDIVIDUALS.

    (a) Establishment.--Not later than 60 days after the date of 
enactment of this Act, the Director of the Office of Management and 
Budget shall convene a task force of agencies (in this section referred 
to as the ``task force'') to--
            (1) identify ways to improve the sharing of information 
        relating to the death of an individual receiving an annuity 
        under a Federal retirement program; and
            (2) share best practices for identifying deceased 
        annuitants.
    (b) Membership.--The Director of the Office of Management and 
Budget shall appoint the members of the task force, which shall include 
a representative of--
            (1) the Department of Defense;
            (2) the Social Security Administration;
            (3) the Department of Veterans Affairs;
            (4) the Office of Personnel Management; and
            (5) any other agency that provides annuities or is relevant 
        to the oversight of annuity payments.
    (c) Plan.--Not later than 270 days after the date of enactment of 
this Act, the task force shall establish a plan to carry out the 
purposes described in subsection (a).
    (d) Reports.--The task force shall--
            (1) not later than 1 year after the date of enactment of 
        this Act, submit to Congress a report on the plan established 
        under subsection (c); and
            (2) not later than 2 years after the date of enactment of 
        this Act, submit to Congress a report on implementation of the 
        plan by agencies.
    (e) Termination.--The task force shall terminate on the day after 
the date on which the task force submits the report required under 
subsection (d)(2).

SEC. 6. AGENCY ACCESS TO POSTAL DATABASE.

    Section 412 of title 39, United States Code, is amended--
            (1) in subsection (a), by striking ``subsection (b)'' and 
        inserting ``subsection (b) or (c)''; and
            (2) by adding at the end the following:
    ``(c)(1) For purposes of this subsection--
            ``(A) the term `agency' means an executive agency as that 
        term is defined under section 102 of title 31;
            ``(B) the term `improper payment' has the meaning given 
        that term in section 2(g) of the Improper Payments Information 
        Act of 2002 (31 U.S.C. 3321 note); and
            ``(C) the term `Inspector General' has the meaning given 
        that term in section 5(e)(1) of the Improper Payments 
        Elimination and Recovery Improvement Act of 2012 (31 U.S.C. 
        3321 note);
    ``(2) The Postal Service shall provide to agencies (including to 
Inspectors General) access to information concerning delivery 
addresses, including the Commercial Mail Receiving Agency lists of 
known locations of commercial mailbox offices, for purposes of improved 
detection, prevention, and recovery of improper payments.
    ``(3) The provision of information under this subsection shall be 
in accordance with such mutually agreeable terms and conditions, 
including reimbursability, as the Postal Service and the agency or 
Inspector General determine appropriate.''.
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