[Congressional Record Volume 166, Number 120 (Tuesday, June 30, 2020)]
[Senate]
[Pages S4038-S4040]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTION

      By Mr. PAUL (for himself, Mr. Kennedy, and Ms. Collins):
  S. 4104. 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; 
considered and passed.

                                S. 4104

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page S4039]]

  


     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) In the case of individuals with respect to whom 
     federally funded benefits are provided by (or through) a 
     Federal or State agency, the Commissioner of Social Security 
     shall, to the extent feasible, provide such information 
     through a cooperative arrangement with such agency for 
     ensuring proper payment of those benefits with respect to 
     such individuals if--
       ``(i) under such arrangement the agency agrees to such 
     safeguards as the Commissioner determines are necessary or 
     appropriate to protect the information from unauthorized use 
     or disclosure;
       ``(ii) under such arrangement the agency 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
       ``(iii) 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), 
     (ii), and (iii) of subparagraph (A) are met:
       ``(i) Under such arrangement, the agency operating the Do 
     Not Pay working system established under section 5 of the 
     Improper Payments Elimination and Recovery Improvement Act of 
     2012 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) The tax administration duties of the agency.
       ``(iii) Oversight activities of the Inspector General of an 
     agency that is provided information regarding all deceased 
     individuals pursuant to this subsection.
       ``(iv) Civil or criminal enforcement activities that are 
     authorized by law.
       ``(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 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), (ii), and (iii) 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 for statistical purposes and research 
     activities by Federal and State agencies (including research 
     activities conducted under a contract or a cooperative 
     arrangement (as such terms are defined for purposes of 
     sections 6303 and 6305, respectively, of title 31, United 
     States Code) with such an agency) if the requirements of 
     clauses (i) and (ii) of paragraph (3)(A) are met.''; and
       (C) in paragraph (8)(A)(i), by striking ``subparagraphs (A) 
     and (B) of paragraph (3)'' and inserting ``clauses (i), (ii), 
     and (iii) 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. 405(r)) so amended are 
     restored and revived as if such amendments had not been 
     enacted.
       (b) Amendments to Internal Revenue Code.--
       (1) In general.--Section 6103(d)(4) of the Internal Revenue 
     Code of 1986 is amended--
       (A) in subparagraphs (A) and (B), by striking ``Secretary 
     of Health and Human Services'' each place it appears and 
     inserting ``Commissioner of Social Security''; and
       (B) 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.''.
       (2) Effective date.--The amendments made by this subsection 
     take effect 180 days after the date of enactment of this Act.
       (c) Report to Congress on Alternative Sources of Death 
     Data.--
       (1) Requirements.--The Commissioner of Social Security, in 
     coordination with the Secretary of the Treasury, 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 1 year 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 1 year 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 Secretary of 
     Health and Human Services and the Secretary of the Treasury 
     shall jointly 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 1 
     year after the date of enactment of this section, the 
     Secretary of the Treasury, 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

[[Page S4040]]

     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 Secretary of the Treasury 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 Secretary 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 
     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.

     SEC. 6. LIMITED ACCESS TO DEATH INFORMATION MAINTAINED BY THE 
                   SOCIAL SECURITY ADMINISTRATION FOR RECOVERY OF 
                   ERRONEOUS REBATE PAYMENTS.

       (a) In General.--Section 205(r) of the Social Security Act 
     (42 U.S.C. 405(r)), as amended by section 2, is further 
     amended by adding at the end the following new paragraph:
       ``(10)(A) Notwithstanding any provision or requirement 
     under paragraph (3), not later than 30 days after the date of 
     enactment of this paragraph, the Commissioner of Social 
     Security shall provide the Secretary with access to any 
     records or information maintained by the Commissioner of 
     Social Security pursuant to paragraph (1), provided that--
       ``(i) such records and information are used by the 
     Secretary solely for purposes of carrying out subsection (h) 
     of section 6428 of the Internal Revenue Code of 1986; and
       ``(ii) the Secretary agrees to establish safeguards to 
     assure the maintenance of the confidentiality of any records 
     or information disclosed.
       ``(B) In this paragraph, the term `Secretary' means the 
     Secretary of the Treasury or the Secretary's delegate.''.
       (b) Recovery of Rebate Payments to Deceased Individuals.--
     Section 6428 of the Internal Revenue Code of 1986 is 
     amended--
       (1) by redesignating subsection (h) as subsection (i), and
       (2) by inserting after subsection (g) the following new 
     subsection:
       ``(h) Recovery of Rebate Payments to Deceased 
     Individuals.--In the case of any individual who is shown on 
     the records or information disclosed to the Secretary under 
     section 205(r)(10) of the Social Security Act as being 
     deceased before January 1, 2020, if the Secretary has 
     distributed a payment to such individual pursuant to 
     subsection (f), the Secretary shall, to the extent 
     practicable, carry out any measures as are deemed appropriate 
     to suspend, cancel, and recover such payment.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of enactment of this Act.
                                 ______
                                 
      By Mr. CARDIN (for himself, Mr. Schumer, Mrs. Shaheen, Mr. Coons, 
        Ms. Rosen, and Ms. Collins):
  S. 4116. A bill to extend the authority for commitments for the 
paycheck protection program and separate amounts authorized for other 
loans under section 7(a) of the Small Business Act, and for other 
purposes; considered and passed.

                                S. 4116

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. EXTENDING AUTHORITY FOR COMMITMENTS FOR THE 
                   PAYCHECK PROTECTION PROGRAM AND SEPARATING 
                   AMOUNTS AUTHORIZED FOR OTHER 7(A) LOANS.

       Section 1102(b) of title I of division A of the Coronavirus 
     Aid, Relief, and Economic Security Act (Public Law 116-136) 
     is amended to read as follows:
       ``(b) Commitments for PPP and Other 7(a) Loans.--
       ``(1) PPP loans.--During the period beginning on February 
     15, 2020 and ending on August 8, 2020, the amount authorized 
     for commitments under paragraph (36) of section 7(a) of the 
     Small Business Act (15 U.S.C. 636(a)) shall be 
     $659,000,000,000.
       ``(2) Other 7(a) loans.--During fiscal year 2020, the 
     amount authorized for commitments for section 7(a) of the 
     Small Business Act (15 U.S.C. 636(a)) under the heading 
     `business loans program account' under the heading `Small 
     Business Administration' under title V of the Consolidated 
     Appropriations Act, 2020 (Public Law 116- 93; 133 Stat. 2475) 
     shall apply with respect to any commitments under such 
     section 7(a) other than under paragraph (36) of such section 
     7(a).''.

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