[United States Statutes at Large, Volume 129, 114th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 114-109
114th Congress

An Act


 
To provide access to and use of information by Federal agencies in order
to reduce improper payments, 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 ``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

[[Page 2226]]

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

[[Page 2227]]

``(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''.

Approved December 18, 2015.

LEGISLATIVE HISTORY--S. 614 (H.R. 2320):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 114-299 (Comm. on Oversight and Government Reform)
accompanying H.R. 2320.
SENATE REPORTS: No. 114-86 (Comm. on Homeland Security and Governmental
Affairs).
CONGRESSIONAL RECORD, Vol. 161 (2015):
July 28, considered and passed Senate.
Dec. 7, considered and passed House.