United States 115th Congress Status: In Committee 1 D cosponsors

S 2374 — Stopping Improper Payments to Deceased People Act

Last action — Placed on Senate Legislative Calendar under General Orders. Calendar No. 639.

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    Introduced
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    In Committee
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    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 115th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

357 added · 77 removed

Plain-language change summary

The bill underwent changes that remove the short title and certain sections regarding the distribution of death information by the Social Security Administration. Specifically, it shifts from a more permissive language of "may" to a mandatory "shall," emphasizing the obligation to ensure the completeness, timeliness, and accuracy of payments. These changes are significant because they clarify the responsibilities of the Social Security Commissioner in managing death information and the related payments under federal programs.

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2374 Introduced in Senate (IS)] <DOC> 115th CONGRESS 2d Session S.
2374 Reported in Senate (RS)] <DOC> Calendar No.
2374 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.
639 115th CONGRESS 2d Session S.
2374 [Report No.
115-352] 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.
Peters, and Mr.
Peters, Mr.
Warner) introduced the following bill;
Warner, Mr.
which was read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ 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.
Rubio, Ms.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.
Heitkamp, Ms.
Hassan, Mr.
Tester, Mr.
Lee, and Mr.
King) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security and Governmental Affairs November 13, 2018 Reported by Mr.
Johnson, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] _______________________________________________________________________ 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.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1.
SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Stopping Improper Payments to Deceased People Act''.</DELETED> <DELETED>SEC.
2.
DISTRIBUTION OF DEATH INFORMATION FURNISHED TO OR MAINTAINED BY THE SOCIAL SECURITY ADMINISTRATION.</DELETED> <DELETED> (a) In General.--</DELETED> <DELETED> (1) In general.--Section 205(r) of the Social Security Act (42 U.S.C.
405(r)) is amended--</DELETED> <DELETED> (A) in paragraph (2)--</DELETED> <DELETED> (i) by striking ``may'' and inserting ``shall'';
and</DELETED> <DELETED> (ii) by inserting ``, and to ensure the completeness, timeliness, and accuracy of,'' after ``transmitting'';</DELETED> <DELETED> (B) by striking paragraphs (3), (4), and (5) and inserting the following:</DELETED> <DELETED> ``(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--</DELETED> <DELETED> ``(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</DELETED> <DELETED> ``(ii) such arrangement does not conflict with the duties of the Commissioner of Social Security under paragraph (1).</DELETED> <DELETED> ``(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:</DELETED> <DELETED> ``(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.</DELETED> <DELETED> ``(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.</DELETED> <DELETED> ``(iii) To carry out tax administration or debt collection duties of the agency.</DELETED> <DELETED> ``(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.</DELETED> <DELETED> ``(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-- </DELETED> <DELETED> ``(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</DELETED> <DELETED> ``(ii) reimbursement payments shall be accounted for and recorded separately from other transactions.</DELETED> <DELETED> ``(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' and `political subdivision' have the meanings given such terms in section 218(b).</DELETED> <DELETED> ``(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' has the meaning given that term in section 502 of the Confidential Information Protection and Statistical Efficiency Act of 2002.'';
and</DELETED> <DELETED> (C) in paragraph (8)(A)(i), by striking ``subparagraphs (A) and (B) of paragraph (3)'' and inserting ``clauses (i) and (ii) of paragraph (3)(A)''.</DELETED> <DELETED> (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.
605(r)) so amended are restored and revived as if such amendments had not been enacted.</DELETED> <DELETED> (b) Amendment to Internal Revenue Code.--Section 6103(d)(4) of the Internal Revenue Code of 1986 is amended--</DELETED> <DELETED> (1) in subparagraphs (A) and (B), by striking ``Secretary of Health and Human Services'' each place it appears and inserting ``Commissioner of Social Security'';
and</DELETED> <DELETED> (2) 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.''.</DELETED> <DELETED> (c) Report to Congress on Alternative Sources of Death Data.--</DELETED> <DELETED> (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--</DELETED> <DELETED> (A) the accuracy and completeness of such data;</DELETED> <DELETED> (B) interoperability of such data;</DELETED> <DELETED> (C) the extent to which there is efficient accessibility of such data by Federal agencies;</DELETED> <DELETED> (D) the cost to Federal agencies of accessing and maintaining such data;</DELETED> <DELETED> (E) the security of such data;</DELETED> <DELETED> (F) the reliability of such data;
and</DELETED> <DELETED> (G) a comparison of the potential alternate sources of death data to the death data distributed by the Commissioner of Social Security.</DELETED> <DELETED> (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).</DELETED> <DELETED>SEC.
3.
IMPROVING THE USE OF DATA BY GOVERNMENT AGENCIES TO CURB IMPROPER PAYMENTS.</DELETED> <DELETED> 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:</DELETED> <DELETED>``SEC.
8.
IMPROVING THE USE OF DEATH DATA BY GOVERNMENT AGENCIES.</DELETED> <DELETED> ``(a) Guidance by the Office of Management and Budget.-- </DELETED> <DELETED> ``(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)) 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 6 months after such date of enactment.</DELETED> <DELETED> ``(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.</DELETED> <DELETED> ``(b) Reports.--</DELETED> <DELETED> ``(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.</DELETED> <DELETED> ``(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).</DELETED> <DELETED> ``(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.
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450b).''.</DELETED> <DELETED>SEC.
4.
PLAN FOR ENSURING THE ACCURACY AND COMPLETENESS OF DEATH DATA MAINTAINED AND DISTRIBUTED BY THE SOCIAL SECURITY ADMINISTRATION.</DELETED> <DELETED> (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.</DELETED> <DELETED> (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:</DELETED> <DELETED> (1) Procedures for--</DELETED> <DELETED> (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;</DELETED> <DELETED> (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</DELETED> <DELETED> (C) where appropriate, disclosing corrections made to the records of the Social Security Administration.</DELETED> <DELETED> (2) Improved policies and procedures for identifying and correcting erroneous death records, including policies and procedures for--</DELETED> <DELETED> (A) identifying individuals listed as dead who are actually alive;</DELETED> <DELETED> (B) identifying individuals listed as alive who are actually dead;
and</DELETED> <DELETED> (C) allowing individuals or survivors of deceased individuals to notify the Social Security Administration of potential errors.</DELETED> <DELETED> (3) Improved policies and procedures to identify and correct discrepancies in the records of the Social Security Administration, including social security number records.</DELETED> <DELETED> (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.</DELETED> <DELETED> (5) Recommendations for legislation, as necessary.</DELETED> <DELETED>SEC.
5.
REPORT ON INFORMATION SECURITY.</DELETED> <DELETED> 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--</DELETED> <DELETED> (1) identifies all information systems of the Social Security Administration containing sensitive information;
and</DELETED> <DELETED> (2) describes the measures the Commissioner is taking to secure and protect such information systems.</DELETED> SECTION 1.
``(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);
``(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;
and ``(ii) such arrangement does not conflict with the duties of the Commissioner of Social Security under paragraph (1).
``(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);
``(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:
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:
``(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.
``(ii) The tax administration duties of the agency.
``(iii) To carry out tax administration or debt collection 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) 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.
``(iv) Civil or criminal enforcement activities that are authorized by law.
``(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.
``(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.
``(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.
``(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.'';
For purposes of this paragraph, the term `statistical purposes' has the meaning given that term in section 502 of the Confidential Information Protection and Statistical Efficiency Act of 2002.'';
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)''.
and (C) in paragraph (8)(A)(i), by striking ``subparagraphs (A) and (B) of paragraph (3)'' and inserting ``clauses (i) and (ii) of paragraph (3)(A)''.
605(r)) so amended are restored and revived as if such amendments had not been enacted.
405(r)) so amended are restored and revived as if such amendments had not been enacted.
(b) Amendment to Internal Revenue Code.--Section 6103(d)(4) of the Internal Revenue Code of 1986 is amended-- (1) in subparagraphs (A) and (B), by striking ``Secretary of Health and Human Services'' each place it appears and inserting ``Commissioner of Social Security'';
(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 (2) 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.''.
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.''.
(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.
(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.
``(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.
``(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 6 months after such date of enactment.
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 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.
``(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.
``(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.
``(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 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.
``(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 Director required under subsection (a)(2).
The first report submitted under this paragraph shall include the recommendations of the Secretary required under subsection (a)(2).
<all>
Calendar No.
639 115th CONGRESS 2d Session S.
2374 [Report No.
115-352] _______________________________________________________________________ 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.
_______________________________________________________________________ November 13, 2018 Reported with an amendment
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Sections of law this bill changes

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From the bill's own amending language, matched to the official United States Code (current through Public Law 119-121).

Information and returns · 26 U.S.C. ch. 61 1 section
  • § 6103 Confidentiality and disclosure of returns and return information Amends

    26 U.S.C. § 6103 — at 6103(d)(4)

    The law today

    (a) General rule Returns and return information shall be confidential, and except as authorized by this title— (1) no officer or employee of the United States, (2) no officer or employee of any State, any local law enforcement agency receiving information under subsection (i)(1)(C) or (7)(A), any tribal or local child support enforcement agency, or any local agency administering a program listed in subsection (l)(7)(D) who has or had access to returns or return information under this section or section 6104(c), and (3) no other person (or officer or employee thereof) who has or had access to returns or return information under subsection (c), subsection (e)(1)(D)(iii), paragraph (10), (13), (14), or (15) of subsection (k), paragraph (6), (8), (10), (12), (13) (other than subparagraphs (D)(v) and (D)(vi) thereof), (16), (19), (20), or (21) of subsection (l), paragraph (2) or (4)(B) of subsection (m), or subsection (n), shall disclose any return or return information obtained by him in any manner in connection with his service as such an officer or an employee or otherwise or under the provisions of this section. For purposes of this subsection, the term “officer or employee” includes a former officer or employee. (b) Definitions For purposes of this section— (1) Return The term “return” means any tax or information return, declaration of estimated tax, or claim for refund required by, or provided for or permitted under, the provisions of this title which is filed with the Secretary by, on behalf of, or with respect to any person, and any amendment or supplement thereto, including supporting schedules, attachments, or lists which are supplemental to, or part of, the return so filed. (2) Return information The term “return information” means— (A) a taxpayer’s identity, the nature, source, or amount of his income, payments, receipts, deductions, exemptions, credits, assets, liabilities, net worth, tax liability, tax withheld, deficiencies, overassessments, or tax payments, whether the taxpayer’s return was, is being, or will be examined or subject to other investigation or processing, or any other data, received by, recorded by, prepared by, furnished to, or collected by the Secretary with respect to a return or with respect to the determination of the existence, or possible existence, of liability (or the amount thereof) of any person under this title for any tax, penalty, interest, fine, forfeiture, or other imposition, or offense, (B) any part of any written determination or any background file document relating to such written determination (as such terms are defined in section 6110(b)) which is not open to public inspection under section 6110, (C) any advance pricing agreement entered into by a taxpayer and the Secretary and any background information related to such agreement or any application for an advance pricing agreement, and (D) any agreement under section 7121, and any similar agreement, and any background information related to such an agreement or request for such an agreement, but such term does not include data in a form which cannot be associated with, or otherwise identify, directly or indirectly, a particular taxpayer. Nothing in the preceding sentence, or in any other provision of law, shall be construed to require the disclosure of standards used or to be used for the selection of returns for examination, or data used or to be used for determining such standards, if the Secretary determines that such disclosure will seriously impair assessment, collection, or enforcement under the internal revenue laws. (3) Taxpayer return information The term “taxpayer return information” means return information as defined in paragraph (2) which is filed with, or furnished to, the Secretary by or on behalf of the taxpayer to whom such return information relates. (4) Tax administration The term “tax administration”— (A) means— (i) the administration, management, conduct, direction, and supervision of the execution and ap...

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Social security · 42 U.S.C. ch. 7 1 section 1 repealed
  • § 405 Evidence, procedure, and certification for payments Repeals

    42 U.S.C. § 405 — at 405(r)

    The law today

    (a) Rules and regulations; procedures The Commissioner of Social Security shall have full power and authority to make rules and regulations and to establish procedures, not inconsistent with the provisions of this subchapter, which are necessary or appropriate to carry out such provisions, and shall adopt reasonable and proper rules and regulations to regulate and provide for the nature and extent of the proofs and evidence and the method of taking and furnishing the same in order to establish the right to benefits hereunder. (b) Administrative determination of entitlement to benefits; findings of fact; hearings; investigations; evidentiary hearings in reconsiderations of disability benefit terminations; subsequent applications (1) The Commissioner of Social Security is directed to make findings of fact, and decisions as to the rights of any individual applying for a payment under this subchapter. Any such decision by the Commissioner of Social Security which involves a determination of disability and which is in whole or in part unfavorable to such individual shall contain a statement of the case, in understandable language, setting forth a discussion of the evidence, and stating the Commissioner’s determination and the reason or reasons upon which it is based. Upon request by any such individual or upon request by a wife, divorced wife, widow, surviving divorced wife, surviving divorced mother, surviving divorced father, husband, divorced husband, widower, surviving divorced husband, child, or parent who makes a showing in writing that his or her rights may be prejudiced by any decision the Commissioner of Social Security has rendered, the Commissioner shall give such applicant and such other individual reasonable notice and opportunity for a hearing with respect to such decision, and, if a hearing is held, shall, on the basis of evidence adduced at the hearing, affirm, modify, or reverse the Commissioner’s findings of fact and such decision. Any such request with respect to such a decision must be filed within sixty days after notice of such decision is received by the individual making such request. The Commissioner of Social Security is further authorized, on the Commissioner’s own motion, to hold such hearings and to conduct such investigations and other proceedings as the Commissioner may deem necessary or proper for the administration of this subchapter. In the course of any hearing, investigation, or other proceeding, the Commissioner may administer oaths and affirmations, examine witnesses, and receive evidence. Evidence may be received at any hearing before the Commissioner of Social Security even though inadmissible under rules of evidence applicable to court procedure. (2) In any case where— (A) an individual is a recipient of disability insurance benefits, or of child’s, widow’s, or widower’s insurance benefits based on disability, (B) the physical or mental impairment on the basis of which such benefits are payable is found to have ceased, not to have existed, or to no longer be disabling, and (C) as a consequence of the finding described in subparagraph (B), such individual is determined by the Commissioner of Social Security not to be entitled to such benefits, any reconsideration of the finding described in subparagraph (B), in connection with a reconsideration by the Commissioner of Social Security (before any hearing under paragraph (1) on the issue of such entitlement) of the Commissioner’s determination described in subparagraph (C), shall be made only after opportunity for an evidentiary hearing, with regard to the finding described in subparagraph (B), which is reasonably accessible to such individual. Any reconsideration of a finding described in subparagraph (B) may be made either by the State agency or the Commissioner of Social Security where the finding was originally made by the State agency, and shall be made by the Commissioner of Social Security where the finding was originally made by the C...

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Also cites: 25 U.S.C. § 450b, 42 U.S.C. § 605

Action History

  1. Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute. With written report No. 115-352.

  2. Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute. With written report No. 115-352.

  3. Placed on Senate Legislative Calendar under General Orders. Calendar No. 639.

  4. Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

  5. Introduced in Senate

  6. Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

finance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors S 2374?
S 2374 is sponsored by Carper, Thomas R. (Democratic).
What is the current status of S 2374?
This bill died with 115th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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