[Congressional Record Volume 161, Number 120 (Tuesday, July 28, 2015)]
[Senate]
[Page S6083]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2541. Mr. McCONNELL (for Mr. Carper (for himself and Mr. Johnson))
proposed an amendment to the bill S. 614, to provide access to and use
of information by Federal agencies in order to reduce improper
payments, and for other purposes; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Improper Payments
Coordination Act of 2015''.
SEC. 2. AVAILABILITY OF THE DO NOT PAY INITIATIVE TO THE
JUDICIAL AND LEGISLATIVE BRANCHES AND STATES.
Section 5 of the Improper Payments Elimination and Recovery
Improvement Act of 2012 (31 U.S.C. 3321 note) is amended--
(1) in subsection (b)(3)--
(A) in the paragraph heading, by striking ``by agencies'';
(B) by striking ``For purposes'' and inserting the
following:
``(A) In general.--For purposes''; and
(C) by adding at the end the following:
``(B) Other entities.--States and any contractor,
subcontractor, or agent of a State, and the judicial and
legislative branches of the United States (as defined in
paragraphs (2) and (3), respectively, of section 202(e) of
title 18, United States Code), shall have access to, and use
of, the Do Not Pay Initiative for the purpose of verifying
payment or award eligibility for payments (as defined in
section 2(g)(3) of the Improper Payments Information Act of
2002 (31 U.S.C. 3321 note)) when, with respect to a State,
the Director of the Office of Management and Budget
determines that the Do Not Pay Initiative is appropriately
established for that State and any contractor, subcontractor,
or agent of the State, and, with respect to the judicial and
legislative branches of the United States, when the Director
of the Office of Management and Budget determines that the Do
Not Pay Initiative is appropriately established for the
judicial branch or the legislative branch, as applicable.
``(C) Consistency with privacy act of 1974.--To ensure
consistency with the principles of section 552a of title 5,
United States Code (commonly known as the `Privacy Act of
1974'), the Director of the Office of Management and Budget
may issue guidance that establishes privacy and other
requirements that shall be incorporated into Do Not Pay
Initiative access agreements with States, including any
contractor, subcontractor, or agent of a State, and the
judicial and legislative branches of the United States.'';
and
(2) in subsection (d)(2)--
(A) in subparagraph (B), by striking ``and'' after the
semicolon;
(B) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(C) by inserting after subparagraph (C) the following:
``(D) may include States and their quasi-government
entities, and the judicial and legislative branches of the
United States (as defined in paragraphs (2) and (3),
respectively, of section 202(e) of title 18, United States
Code) as users of the system in accordance with subsection
(b)(3).''.
SEC. 3. IMPROVING THE SHARING AND 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--
(1) in section 5(a)(2), by striking subparagraph (A) and
inserting the following:
``(A) The death records maintained by the Commissioner of
Social Security.''; and
(2) by adding at the end the following:
``SEC. 7. IMPROVING THE USE OF DATA BY GOVERNMENT AGENCIES
FOR CURBING IMPROPER PAYMENTS.
``(a) Prompt Reporting of Death Information by the
Department of State and the Department of Defense.--Not later
than 1 year after the date of enactment of this section, the
Secretary of State and the Secretary of Defense shall
establish a procedure under which each Secretary shall,
promptly and on a regular basis, submit information relating
to the deaths of individuals to each agency for which the
Director of the Office of Management and Budget determines
receiving and using such information would be relevant and
necessary.
``(b) Guidance to Agencies Regarding Data Access and Use
for Improper Payments Purposes.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Director of the Office of
Management and Budget, in consultation with the Council of
the Inspectors General on Integrity and Efficiency, the heads
of other relevant Federal, State, and local agencies, and
Indian tribes and tribal organizations, as appropriate, shall
issue guidance regarding implementation of the Do Not Pay
Initiative under section 5 to--
``(A) the Department of the Treasury; and
``(B) each agency or component of an agency--
``(i) that operates or maintains a database of information
described in section 5(a)(2); or
``(ii) for which the Director determines improved data
matching would be relevant, necessary, or beneficial.
``(2) Requirements.--The guidance issued under paragraph
(1) shall--
``(A) address the implementation of subsection (a); and
``(B) include the establishment of deadlines for access to
and use of the databases described in section 5(a)(2) under
the Do Not Pay Initiative.''.
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 Federal
Improper Payments Coordination Act of 2015, the Secretary of
the Treasury shall submit to Congress a report which shall
include a description of--
``(1) data analytics performed as part of the Do Not Pay
Business Center operated by the Department of the Treasury
for the purpose of detecting, preventing, and recovering
improper payments through preaward, postaward prepayment, and
postpayment 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 could prove effective for identifying,
preventing, or recovering improper payments, which may
include investigation or review of information from multiple
Federal agencies or programs;
``(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; and
``(3) the target dates for implementing the data analytics
operations performed as part of the Do Not Pay Business
Center''.
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