Text: S.614 — 114th Congress (2015-2016)All Information (Except Text)

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Public Law No: 114-109 (12/18/2015)

 
[114th Congress Public Law 109]
[From the U.S. Government Publishing Office]



[[Page 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. <<NOTE: Dec. 18, 
                           2015 -  [S. 614]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Federal Improper 
Payments Coordination Act of 2015.>> 
SECTION 1. <<NOTE: 31 USC 3301 note.>>  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) <<NOTE: Contracts. Determination.>>  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 129 STAT. 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. <<NOTE: 31 USC 3321 note.>> 7. IMPROVING THE USE OF DATA BY 
                    GOVERNMENT AGENCIES FOR CURBING IMPROPER 
                    PAYMENTS.

    ``(a) <<NOTE: Deadline. Procedure. Determination.>>  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) <<NOTE: Deadline. Consultation.>>  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) <<NOTE: Determination.>>  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 129 STAT. 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.

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