PUBLIC LAW 114–109—DEC. 18, 2015 129 STAT. 2225 

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 

Contracts. 

Determination. 

31 USC 3301 

note. 

Federal Improper 

Payments 

Coordination Act 

of 2015. 

Dec. 18, 2015 

[S. 614] 


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129 STAT. 2226 PUBLIC LAW 114–109—DEC. 18, 2015 

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 

Determination. 

Deadline. 

Consultation. 

Deadline. 

Procedure. 

Determination. 

31 USC 3321 

note. 


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PUBLIC LAW 114–109—DEC. 18, 2015 129 STAT. 2227 

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. 

Æ 

‘‘(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. 


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