Stopping Improper Payments to Deceased People Act

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. 1. Short title This Act may be cited as the Stopping Improper Payments to Deceased People Act 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) (A) in paragraph (2)— (i) by striking may shall (ii) by inserting , and to ensure the completeness, timeliness, and accuracy of, transmitting (B) by striking paragraphs (3), (4), and (5) and inserting the following: (3) (A) 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 in accordance with subparagraph (B), subject to such safeguards as the Commissioner of Social Security determines are necessary or appropriate to protect the information from unauthorized use or disclosure, by any Federal or State agency providing federally funded benefits or administering a Federal program for such benefits, including the agency operating the Do Not Pay working system for ensuring proper payment of those benefits, through a cooperative arrangement with the agency (that includes the agency's Inspector General) or with an agency's Inspector General, if— (i) under such arrangement the agency (including, if applicable, the agency's Inspector General) 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 (ii) 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) and (ii) of subparagraph (A) are met: (i) Operating the Do Not Pay working system established by section 5 of the Improper Payments Elimination and Recovery Improvement Act of 2012. Under such arrangement, the agency operating the working system 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) To ensure proper payments under a Federal program or the proper payment of federally funded benefits, including for purposes of payment certification, payment disbursement, and the prevention, identification, or recoupment of improper payments. (iii) To carry out tax administration or debt collection duties of the agency. (iv) For use by any policing agency of the Federal Government with the principle function of prevention, detection, or investigation of crime or the apprehension of alleged offenders. (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 any of the purposes specified in paragraph (3)(B), 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) and (ii) of paragraph (3)(A) are met. For purposes of this paragraph, the terms retirement system political subdivision (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, subject to such safeguards as the Commissioner of Social Security determines are necessary or appropriate to protect the information from unauthorized use or disclosure, for statistical purposes and research activities by Federal and State agencies if the requirements of clauses (i) and (ii) of paragraph (3)(A) are met. For purposes of this paragraph, the term statistical purposes ; and (C) in paragraph (8)(A)(i), by striking subparagraphs (A) and (B) of paragraph (3) clauses (i) and (ii) 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) 42 U.S.C. 605(r) (b) Amendment to internal revenue code Section 6103(d)(4) (1) in subparagraphs (A) and (B), by striking Secretary of Health and Human Services Commissioner of Social Security (2) in subparagraph (B)(ii), by striking such Secretary deceased individuals. 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. (c) Report to Congress on alternative sources of death data (1) Requirements The Director of the Office of Management and Budget 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 accessability 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). 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 7. 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 6 months 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) death databases (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 Director of the Office of Management and Budget shall 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 270 days after the date of enactment of this section, the Director of the Office of Management and Budget, 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 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 Director of the Office of Management and Budget 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 Director required under subsection (a)(2). (c) Definitions In this section, the terms Indian tribe tribal organization 25 U.S.C. 450b . 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 180 days 1 year ensure improve (b) Content of plan The plan required under subsection (a) shall include the following elements: (1) A procedure for identifying extremely elderly and are older than the oldest known living person and verifying the accuracy of this information (2) Improved policies and procedures for identifying and correcting erroneous records, including policies and procedures for— (A) identifying individuals listed as dead who are actually alive; (B) indentifying 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 errors in the records of the Numerical Identification System, and death data. (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. (c) Implementation of plan Not later than 2 years after the date of enactment of this Act, the Commissioner of Social Security shall implement the plan required under subsection (a). 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 Government 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. May 9, 2016 Reported with amendments

Summary: Stopping Improper Payments to Deceased People Act (Sec. 2) This bill amends title II (Old Age, Survivors, and Disability Insurance Benefits) (OASDI) of the Social Security Act (SSAct) to direct the Social Security Administration (SSA) to pay state or local governments for transcribing and transmitting to the SSA information on death records. The SSA shall make cooperative arrangements with federal and state agencies for use of SSA information on all deceased individuals by federal or state agencies providing federally funded benefits or administering a federal program for such benefits. The SSA shall make similar arrangements for the use of such information by federal agencies to: operate the Do Not Pay working system (which uses specified federal agency databases to reduce improper payments or awards); ensure proper payments under a federal program, including federally funded benefits; conduct federal policing agency prevention activities, detection activities, crime investigation, or apprehension of alleged offenders; and carry out tax administration or debt collection duties. The Office of Management and Budget (OMB) shall analyze potential alternative sources of death data maintained by non-federal sources. (Sec. 3) The Improper Payments Elimination and Recovery Improvement Act of 2012 is amended to require the OMB to: issue guidance to agencies that operate or maintain a database of information relating to beneficiaries, annuity recipients, or other purposes specified in Sec. 3 for which improved data matching with databases relating to an individual's death would be relevant and necessary; develop a plan to assist state and local agencies, Indian Tribes, and tribal organizations to provide death information electronically to the federal government; and submit to Congress a plan to improve state, local, and tribal data matching with the federal government on the death of federally funded benefit recipients. (Sec. 4) The SSA shall submit a plan to improve the accuracy and completeness of death data (including data on individuals who are neither eligible for nor receiving OASDI or title XVI [Supplemental Security Income] benefits). The plan shall include: a procedure for identifying, and verifying information about, individuals who are still alive and are older than the oldest known living person; improved policies and procedures for identifying and correcting erroneous records, especially about dead individuals listed as alive and living individuals listed as dead; improved policies and procedures for identifying and correcting errors in Numerical Identification System records; a process for employing statistical analysis of SSA death data to determine an estimate of the number of erroneous records; and recommendations for legislation. (Sec. 5) The SSA shall report to Congress on: (1) all SSA information systems containing sensitive information; and (2) the measures the SSA is taking to secure and protect these systems.