[Congressional Record Volume 161, Number 120 (Tuesday, July 28, 2015)]
[Senate]
[Pages S6084-S6085]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           FEDERAL IMPROPER PAYMENTS COORDINATION ACT OF 2015

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 156, S. 614.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 614) to provide access to and use of information 
     by Federal agencies in order to reduce improper payments, and 
     for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. McCONNELL. Mr. President, I further ask unanimous consent that 
the Carper amendment be agreed to; the bill, as amended, be read a 
third time and passed; and the motion to reconsider be considered made 
and laid upon the table with no intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2541) in the nature of a substitute was agreed to, 
as follows:

                (Purpose: In the nature of a substitute)

       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

[[Page S6085]]

     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''.

  The bill (S. 614), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

                          ____________________