Congressional Record, June 30, 2020, from Page S3998 — United States Senate
Summary
A page of the Congressional Record, Senate, dated June 30, 2020, from page S3998. A senator speaks on defense spending and the coronavirus, citing nearly 130,000 deaths, and describes filed amendments to require the Defense Department to pass a clean audit by fiscal year 2025 and to use the Defense Production Act to make masks. Mr. Paul then asks unanimous consent for S. 4104, the Stopping Improper Payments to Deceased People Act. Mr. Carper, reserving the right to object, recalls the GAO High Risk List and says the Treasury sent $1.4 billion to dead people, with $800 million more each year, and Mr. Kennedy supports the bill. The page closes with thanks to Mr. Carper for working on it for 7 years.
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“Congressional Record, June 30, 2020, from Page S3998 — United States Senate.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-06-30-crec-2020-06-30-pt1-pgs3998-00285478fd/
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S3998 CONGRESSIONAL RECORD — SENATE June 30, 2020
twice as much or 50 percent more, LEY and LEE, as well as Senator produce the personal protective equip-
whatever it might be, for the weapons WYDEN, and we hope it will be sup- ment—the masks, gowns, gloves—that
system you wanted. ported by a strong majority of the our doctors and nurses and medical
GAO tells us that ‘‘many DoD pro- Members of the body. personnel need. We have to do that, but
grams fall short of cost, schedule, and I believe in a strong military, but we we also have to produce the masks that
performance expectations, meaning cannot continue to give more money to the American people need.
DoD pays more than anticipated, can the Pentagon than it needs when mil- As everyone knows, over the past 3
buy less than expected, and, in some lions of children in our country are months, the coronavirus has infected
cases, delivers less capability to the food insecure—there are kids all over more than 2.5 million Americans and
warfighter.’’ this country, in every State in this caused nearly 130,000 deaths. More
A major reason why there is so much country, who are hungry—and when we Americans have died from the
waste, fraud, and abuse at the Pen- have 140 million people who cannot af- coronavirus than were killed fighting
tagon is the fact that the Department ford the basic necessities of life with- in the wars in Korea, Vietnam, Afghan-
of Defense remains the only Federal out going into debt. istan, and Iraq combined.
agency that hasn’t been able to pass an Further, let us be very clear, when Sadly, there is new evidence that this
independent audit. That is why I have we are talking about the need to pro- pandemic is far from over and may kill
filed an amendment with Senators tect the American people, we are talk- many tens of thousands more. In the
GRASSLEY, WYDEN, and LEE that would ing about the need to defeat our most past few days, new COVID–19 cases in
require the Defense Department to pass immediate adversary right now, an ad- the United States have increased dra-
a clean audit no later than fiscal year versary that has taken in recent matically—jumping to their highest
2025. months over 120,000 American lives, level in 2 months and returning to
When you have an agency that and that, of course, is the coronavirus. where they were at the peak of the out-
spends some $700 billion, I don’t think When we talk about defense, when we break.
it is too much to ask that we have an talk about protecting the American If we take bold action now, we could
independent audit of the Department of people, we must get our priorities right prevent tens of thousands of Americans
Defense. and do everything we can to protect from dying. That is exactly what we
Interestingly enough, many of us will the American people from the have to do. Unfortunately, the Trump
recall what then-Secretary of Defense coronavirus. I don’t think nuclear administration continues to endanger
Donald Rumsfeld—not one of my favor- weapons are going to do it. I don’t millions of Americans by ignoring the
ite public officials—told the American think tanks are going to do it. I don’t most basic recommendations of med-
people on the day before 9/11 about the think F–35s are going to do it. But we ical professionals and recklessly
serious financial mismanagement at need to do everything we can to pro- downplaying the most effective tool we
the DOD. Here is what Donald Rums- tect the lives and the health of the have to contain the pandemic; that is,
feld said. Needless to say, the following American people in terms of the simply wearing a mask.
day was 9/11. That was the terrorist at- coronavirus. This amendment is nothing more
tack against the United States, so What virtually every scientist who than listening to science and saving
what Rumsfeld said the day before that has studied this issue will tell us—and lives. Again, this morning, I partici-
never got a whole lot of attention. But they just told me that this morning as pated in a hearing with Dr. Fauci and
this is what a conservative Republican a member of the HELP Committee—is many others from the Trump adminis-
Secretary of Defense said: that the most effective way to prevent tration. They were very clear: Masks
Our financial systems are decades old. Ac- the transmission of this deadly virus work. Social distancing works. And we
cording to some estimates, we cannot track and to stop unnecessary deaths from should listen to the scientists.
$2.3 trillion in transactions. We cannot share COVID–19 is for everybody in this coun- We are, as I mentioned earlier, at a
information from floor to floor in this build- try to wear a mask. It is not rocket pivotal moment in American history.
ing— science, not very complicated, but if We as elected officials have to respond
That is the Pentagon. you wear a mask when you are in con- in a transformational way. We have to
because it’s stored on dozens of techno- tact with other people, the likelihood stand up for people. We have to rethink
logical systems that are inaccessible or in- that you will spread the virus or get the way we have done things in the
compatible. the virus is significantly reduced. past. The amendments I have offered
And yet, nearly 20 years after Donald That is why I have filed an amend- begin the process of changing Amer-
Rumsfeld’s statement, the Defense De- ment which requires the Trump admin- ican priorities. I hope all three of those
partment has still not passed a clean istration to use the Defense Production amendments will pass.
audit, despite the fact that the Pen- Act to manufacture the hundreds and With that, I yield the floor.
tagon controls assets in excess of $2.2 hundreds of millions of high-quality I suggest the absence of a quorum.
trillion or, roughly, 70 percent of what masks that this country needs and to The PRESIDING OFFICER. The
the entire Federal Government owns. deliver them to every household in clerk will call the roll.
The Commission on Wartime Con- America. The legislative clerk proceeded to
tracting in Iraq and Afghanistan con- This is not a radical idea. It is an call the roll.
cluded in 2011 that $31 billion to $60 bil- idea that is being implemented all Mr. KENNEDY. Madam President, I
lion spent in Iraq and Afghanistan had across the world, in countries like ask unanimous consent that the order
been lost to fraud and waste. South Korea, France, Turkey, Austria, for the quorum call be rescinded.
Separately, in 2015, the Special In- and many other countries; that is, they The PRESIDING OFFICER. Is there
spector General for Afghanistan Recon- are distributing high-quality face objection?
struction reported that the Pentagon masks to all of their people for free or Without objection, it is so ordered.
could not account for $45 billion in at virtually no cost. That is what I be- The Senator from Kentucky.
funding for reconstruction projects. lieve we have to do. f
More recently, an audit conducted by There was a study that just came out
Ernst & Young for the Defense Logis- from the University of Washington STOPPING IMPROPER PAYMENTS
tics Agency found that it could not very recently, which suggested that if TO DECEASED PEOPLE ACT
properly account for some $800 million 95 percent of the American people wore Mr. PAUL. Madam President, I think
in construction projects. face masks when they interact with it is a terrible thing that the govern-
It is time to hold the Defense Depart- others, we could save some 30,000 lives ment pays checks to dead people. The
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ment to the same level of account- and hundreds of billions of dollars. problem is that Social Security is not
ability as the rest of the government. I think this is a commonsense sharing that information with Treas-
That is not a radical idea. And support amendment. It is beyond my com- ury. I have a bill to do that and will
for this concept is bipartisan. That is prehension how in the wealthiest na- ask unanimous consent for it to be
why I am delighted that this amend- tion in the world, with the strongest joined with Senator CARPER’s bill and
ment is supported by Senators GRASS- economy, we have not been able to Senator KENNEDY’s bill.
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June 30, 2020 CONGRESSIONAL RECORD — SENATE S3999
At this point, I ask unanimous con- I understand this has been discussed America, your State or others in your
sent that the Senate proceed to the im- off the floor for a little bit, and maybe State send to the Social Security Ad-
mediate consideration of S. 4104, intro- one of our colleagues has an objection ministration the fact that you are
duced earlier today. I ask further that to the consideration of this bill by dead. The Social Security Administra-
the bill be considered read a third time unanimous consent. It ain’t like it tion makes a list that is called the
and passed and that the motion to re- hasn’t been out there for people to Death Master File. It is not a perfect
consider be considered made and laid raise objections to it, to raise concerns. list, but it is fairly accurate and can be
upon the table. They have had 7 years in which to do better. The problem is, the Social Se-
The PRESIDING OFFICER. Is there that, and for 7 years, the GAO has said curity Administration has taken the
objection? to please fix this part of the improper position for years that it can only
Mr. CARPER. Madam President, re- payments program. This doesn’t fix share the Death Master File with a few
serving the right to object. $150 billion, but it certainly is a good other agencies.
The PRESIDING OFFICER. The Sen- start. I don’t know anybody in his It has said: We don’t have the author-
ator from Delaware. right mind who would say we should ity to share it with other agencies,
Mr. CARPER. Madam President, 7 send checks and continue to send only with a couple of agencies.
years ago, the Government Account- checks to folks who are deceased. It Guess which one agency it couldn’t
ability Office included in its rec- just makes no sense. It didn’t make share the death file with—the Depart-
ommendations—something called the sense in 2013, when the idea was first ment of the Treasury. That is why we
High Risk List—a way for us to stop presented on the High Risk List by the wasted $1.4 billion.
wasting money, which was not to send GAO, and it doesn’t make sense today. It is a very simple fix, and Senator
checks to dead people. It was called im- Mr. KENNEDY. Will the Senator CARPER has worked on it for 7 years.
proper payments to deceased. The GAO yield? Here is what our bill will do. It is real-
said there was a way to fix this, a way Mr. CARPER. I am happy to yield. ly quite simple.
to stop this, and it proposed a way to The PRESIDING OFFICER. The Sen- First of all, it tells the Social Secu-
stop it. ator from Louisiana. rity Administration to share the death
I worked with the late Tom Coburn Mr. KENNEDY. Madam President, I records with everybody in the Federal
to craft and introduce that idea from want to associate myself with the elo- Government who writes checks so we
the GAO into legislation. It cleared the quent remarks of Senator CARPER. don’t send dead people money. Duh.
Homeland Security and Governmental I don’t need to remind everyone that It will allow Federal agencies access
Affairs Committee not once, not twice, we have $25 trillion worth of taxpayer to each other’s databases. Imagine
not three times but, I think, four debt—not our debt, taxpayer debt. It is that. They would talk to each other.
times. Since the departure of Tom more than $25 trillion. If we add in the It would direct agencies to use this
Coburn, it has been cosponsored by mandatory spending—the Medicare, information to curb improper pay-
other Republicans, including, most re- the Medicaid, Social Security—it is ments, and it would direct the Social
cently, by JOHN KENNEDY of Louisiana. over $100 trillion, which is the entire Security Administration to do a better
Improper payments are a huge deal net worth of the American people. For job.
for our Federal Government. The Gov- the most prosperous country in all of Now, how simple is that? How simple
ernment Accountability Office tells us human history, it is just barely over is that? We are spending, right now,
that, last year, improper payments, $100 trillion. $800 million a year. That is on top of
overpayments, mistaken payments, As Senator CARPER said, my con- the $1.4 billion that we just wasted—
and so forth were about $150 billion. stituents ask all the time: Why don’t took and threw it in the dirt. We threw
That is billion with a ‘‘b.’’ The GAO you do something about it? Why don’t it in the dirt. Like clockwork, every
thinks we ought to do something about you just set priorities? year we send $800 million to dead peo-
it, and it has been thinking we ought Now, we have had a lot of wasteful ple. It has all been in the papers, and it
to have done something about it for a spending—all of us in the U.S. Con- is a very easy fix, and that is what Sen-
long time. gress—going back years. I don’t need to ator CARPER’s and my bill does.
The person who is the leader of the remind everyone of some of the waste- I yield the floor.
Government Accountability Office is a ful spending, but this is why people are Mr. PAUL. Madam President, at this
fellow named Gene Dodaro. He has been so cynical. point we have a pending motion.
the Comptroller General for, I think, In the past, this Congress, not this The PRESIDING OFFICER. There is
gosh, a decade or more. I was talking particular Congress, spent $370,000 to a unanimous consent request pending.
to Comptroller General Gene Dodaro study whether mothers love dogs as There is a reservation and the right to
the other night. It was right after it much as their kids. In the past, the object.
was reported last week that Treasury U.S. Congress spent $700,000 to restore Mr. PAUL. Madam President, I am
had sent out $1.4 billion worth of a Buddhist temple in Vietnam. In the asking, are there any objections? If
checks to people who were deceased. It past, not this Congress but a past Con- there are no objections, I guess it
actually sent out checks with the word gress spent $400,000, which it gave to a passes.
‘‘deceased’’ printed on the checks for major university—I kid you not—to The PRESIDING OFFICER. Is there
all of these dead people, and one of the study the oddity of the duck penis. Yet objection?
people who got a check marked ‘‘de- we just set a record. We just sent $1.4 Without objection, it is so ordered.
ceased’’ was Comptroller General Gene billion to 1.1 million people in America The bill (S. 4104) was ordered to be
Dodaro’s mother who died in 2018. who are deceased when we owe $25 tril- engrossed for a third reading, was read
I happened to be on the phone last lion, and we know they are deceased. the third time, and passed as follows:
Thursday—I was talking to somebody Senator CARPER’s bill, which he has S. 4104
on my cell phone—when I got inter- been working on for 7 years, and my Be it enacted by the Senate and House of Rep-
rupted by a call from a woman in Dela- bill, which I have been working on with resentatives of the United States of America in
ware whom I knew. him for the last 31⁄2 years, will stop Congress assembled,
She was calling to say: I just heard this. It is not a heavy lift. SECTION 1. SHORT TITLE.
on MSNBC that Treasury sent $1.4 bil- I am not criticizing the Treasury De- This Act may be cited as the ‘‘Stopping
lion worth of checks to dead people. partment. It did a great job of sending Improper Payments to Deceased People
Why don’t you do something about it? out about $270 billion to 161 million Act’’.
We have been talking and thinking people through the CARES Act, and I SEC. 2. DISTRIBUTION OF DEATH INFORMATION
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about doing something about it for a thank it for that, but do you know the FURNISHED TO OR MAINTAINED BY
THE SOCIAL SECURITY ADMINISTRA-
long time, and we are still talking problem? The problem is it sent $1.4 TION.
about doing something about it. I billion to 1.1 million dead people. Why (a) IN GENERAL.—
think the time has come to do some- did that happen? (1) IN GENERAL.—Section 205(r) of the So-
thing about it. That is sort of where we Here is why: We have what is called cial Security Act (42 U.S.C. 405(r)) is amend-
are at this point in time. the Death Master File. If you die in ed—
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S4000 CONGRESSIONAL RECORD — SENATE June 30, 2020
(A) in paragraph (2)— tirement system for employees of a State or fice of Management and Budget regarding
(i) by striking ‘‘may’’ and inserting a political subdivision thereof, if the require- whether to extend the agency access to
‘‘shall’’; and ments of clauses (i), (ii), and (iii) of para- death data distributed by the Commissioner
(ii) by inserting ‘‘, and to ensure the com- graph (3)(A) are met. For purposes of this of Social Security provided under the
pleteness, timeliness, and accuracy of,’’ after paragraph, the terms retirement system and amendments made by subsection (a)(1) be-
‘‘transmitting’’; political subdivision have the meanings yond the date on which such amendments
(B) by striking paragraphs (3), (4), and (5) given such terms in section 218(b). are to be repealed under subsection (a)(2).
and inserting the following: ‘‘(5) The Commissioner of Social Security SEC. 3. IMPROVING THE USE OF DATA BY GOV-
‘‘(3)(A) In the case of individuals with re- may use or provide for the use of informa- ERNMENT AGENCIES TO CURB IM-
spect to whom federally funded benefits are tion regarding all deceased individuals fur- PROPER PAYMENTS.
provided by (or through) a Federal or State nished to or maintained by the Commis- The Improper Payments Elimination and
agency, the Commissioner of Social Security sioner under this subsection for statistical Recovery Improvement Act of 2012 (31 U.S.C.
shall, to the extent feasible, provide such in- purposes and research activities by Federal 3321 note) is amended by adding at the end
formation through a cooperative arrange- and State agencies (including research ac-
the following:
ment with such agency for ensuring proper tivities conducted under a contract or a co-
operative arrangement (as such terms are de- ‘‘SEC. 8. IMPROVING THE USE OF DEATH DATA BY
payment of those benefits with respect to GOVERNMENT AGENCIES.
such individuals if— fined for purposes of sections 6303 and 6305,
respectively, of title 31, United States Code) ‘‘(a) GUIDANCE BY THE OFFICE OF MANAGE-
‘‘(i) under such arrangement the agency MENT AND BUDGET.—
agrees to such safeguards as the Commis- with such an agency) if the requirements of
clauses (i) and (ii) of paragraph (3)(A) are ‘‘(1) GUIDANCE TO AGENCIES.—Not later than
sioner determines are necessary or appro- 1 year after the date of enactment of this
priate to protect the information from unau- met.’’; and
(C) in paragraph (8)(A)(i), by striking ‘‘sub- section, and in consultation with the Council
thorized use or disclosure; of Inspectors General on Integrity and Effi-
‘‘(ii) under such arrangement the agency paragraphs (A) and (B) of paragraph (3)’’ and
inserting ‘‘clauses (i), (ii), and (iii) of para- ciency and the heads of other relevant Fed-
provides reimbursement to the Commis- eral, State, and local agencies, and Indian
sioner of Social Security for the reasonable graph (3)(A)’’.
(2) REPEAL.—Effective on the date that is 5 tribes and tribal organizations, the Director
cost of carrying out such arrangement, in- of the Office of Management and Budget
cluding the reasonable costs associated with years after the date of enactment of this
Act, the amendments made by this sub- shall issue guidance for each agency or com-
the collection and maintenance of informa- ponent of an agency that operates or main-
tion regarding deceased individuals fur- section to paragraphs (3), (4), (5), and (8) of
section 205(r) of the Social Security Act (42 tains a database of information relating to
nished to the Commissioner pursuant to beneficiaries, annuity recipients, or any pur-
paragraph (1); and U.S.C. 405(r)) are repealed, and the provisions
of section 205(r) of the Social Security Act pose described in section 205(r)(3)(B) of the
‘‘(iii) such arrangement does not conflict Social Security Act (42 U.S.C. 405(r)(3)(B))
with the duties of the Commissioner of So- (42 U.S.C. 405(r)) so amended are restored and
revived as if such amendments had not been for which improved data matching with
cial Security under paragraph (1). databases relating to the death of an indi-
‘‘(B) The Commissioner of Social Security enacted.
(b) AMENDMENTS TO INTERNAL REVENUE vidual (in this section referred to as death
shall, to the extent feasible, provide for the
CODE.— databases) would be relevant and necessary
use of information regarding all deceased in-
(1) IN GENERAL.—Section 6103(d)(4) of the regarding implementation of this section to
dividuals furnished to or maintained by the
Commissioner under this subsection, Internal Revenue Code of 1986 is amended— provide such agencies or components access
through a cooperative arrangement in order (A) in subparagraphs (A) and (B), by strik- to the death databases no later than 1 year
for a Federal agency to carry out any of the ing ‘‘Secretary of Health and Human Serv- after such date of enactment.
following purposes, if the requirements of ices’’ each place it appears and inserting ‘‘(2) PLAN TO ASSIST STATES AND LOCAL
‘‘Commissioner of Social Security’’; and AGENCIES AND INDIAN TRIBES AND TRIBAL OR-
clauses (i), (ii), and (iii) of subparagraph (A)
(B) in subparagraph (B)(ii), by striking GANIZATIONS.—Not later than 1 year after the
are met:
‘‘(i) Under such arrangement, the agency ‘‘such Secretary’’ and all that follows date of enactment of this section, the Sec-
operating the Do Not Pay working system through ‘‘deceased individuals.’’ and insert- retary of Health and Human Services and the
established under section 5 of the Improper ing ‘‘such Commissioner pursuant to such Secretary of the Treasury shall jointly de-
Payments Elimination and Recovery Im- contract, except that such contract may pro- velop a plan to assist States and local agen-
provement Act of 2012 may compare death vide that such information is only to be used cies, and Indian tribes and tribal organiza-
information disclosed by the Commissioner by the Social Security Administration (or tions, in providing electronically to the Fed-
with personally identifiable information re- any other Federal agency) for purposes au- eral Government records relating to the
viewed through the working system, and thorized in the Social Security Act or this death of individuals, which may include rec-
may redisclose such comparison of informa- title.’’. ommendations to Congress for any statutory
tion, as appropriate, to any Federal or State (2) EFFECTIVE DATE.—The amendments changes or financial assistance to States and
agency authorized to use the working sys- made by this subsection take effect 180 days local agencies and Indian tribes and tribal
tem. after the date of enactment of this Act. organizations that are necessary to ensure
‘‘(ii) The tax administration duties of the (c) REPORT TO CONGRESS ON ALTERNATIVE States and local agencies and Indian tribes
agency. SOURCES OF DEATH DATA.— and tribal organizations can provide such
‘‘(iii) Oversight activities of the Inspector (1) REQUIREMENTS.—The Commissioner of records electronically. The plan may include
General of an agency that is provided infor- Social Security, in coordination with the recommendations for the authorization of
mation regarding all deceased individuals Secretary of the Treasury, shall conduct a appropriations or other funding to carry out
pursuant to this subsection. review of potential alternative sources of the plan.
‘‘(iv) Civil or criminal enforcement activi- death data maintained by the non-Federal ‘‘(b) REPORTS.—
ties that are authorized by law. sources, including sources maintained by ‘‘(1) REPORT TO CONGRESS ON IMPROVING
‘‘(C) With respect to the reimbursement to State agencies or associations of State agen- DATA MATCHING REGARDING PAYMENTS TO DE-
the Commissioner of Social Security for the cies, for use by Federal agencies and pro- CEASED INDIVIDUALS.—Not later than 1 year
reasonable cost of carrying out a cooperative grams. The review shall include analyses of— after the date of enactment of this section,
arrangement described in subparagraph (A) (A) the accuracy and completeness of such the Secretary of the Treasury, in consulta-
between the Commissioner of Social Secu- data; tion with the heads of other relevant Federal
rity and an agency, the Commissioner (B) interoperability of such data; agencies, and in consultation with States
shall— (C) the extent to which there is efficient and local agencies, Indian tribes and tribal
‘‘(i) establish a defined calculation method accessibility of such data by Federal agen- organizations, shall submit to Congress a
for purposes of calculating the reasonable cies; plan to improve how States and local agen-
cost of carrying out the arrangement that (D) the cost to Federal agencies of access- cies and Indian tribes and tribal organiza-
does not take into account any services, in- ing and maintaining such data; tions that provide benefits under a federally
formation, or unrelated payments provided (E) the security of such data; funded program will improve data matching
by the agency to the Commissioner; and (F) the reliability of such data; and with the Federal Government with respect to
‘‘(ii) reimbursement payments shall be ac- (G) a comparison of the potential alternate the death of individuals who are recipients of
counted for and recorded separately from sources of death data to the death data dis- such benefits.
other transactions. tributed by the Commissioner of Social Se- ‘‘(2) ANNUAL REPORT.—Not later than 1
‘‘(4) The Commissioner of Social Security curity. year after the date of enactment of this sec-
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may enter into similar arrangements with (2) REPORT.—Not later than 4 years after tion, and for each of the 4 succeeding years,
States to provide information regarding all the date of enactment of this Act, the Direc- the Secretary of the Treasury shall submit
deceased individuals furnished to or main- tor of the Office of Management and Budget to Congress a report regarding the imple-
tained by the Commissioner under this sub- shall submit a report to Congress on the re- mentation of this section. The first report
section for use by States in programs wholly sults of the review and analyses required submitted under this paragraph shall include
funded by the States, or for use in the ad- under paragraph (1). The report shall include the recommendations of the Secretary re-
ministration of a benefit pension plan or re- a recommendation by the Director of the Of- quired under subsection (a)(2).
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June 30, 2020 CONGRESSIONAL RECORD — SENATE S4001
‘‘(c) DEFINITIONS.—In this section, the ‘‘(10)(A) Notwithstanding any provision or The PRESIDING OFFICER. Which
terms Indian tribe and tribal organization requirement under paragraph (3), not later bill are you referring to?
have the meanings given those terms in sec- than 30 days after the date of enactment of The Paul bill passed, S. 4104.
tion 4 of the Indian Self-Determination and this paragraph, the Commissioner of Social Mr. WYDEN. The Paul bill passed
Education Assistance Act (25 U.S.C. 450b).’’. Security shall provide the Secretary with ac-
SEC. 4. PLAN FOR ENSURING THE ACCURACY cess to any records or information main-
that my colleagues are discussing.
AND COMPLETENESS OF DEATH tained by the Commissioner of Social Secu- The PRESIDING OFFICER. S. 4104
DATA MAINTAINED AND DISTRIB- rity pursuant to paragraph (1), provided has passed.
UTED BY THE SOCIAL SECURITY AD- that— Mr. WYDEN. All right. Well, I will
MINISTRATION.
‘‘(i) such records and information are used just tell my colleagues—and I made it
(a) IN GENERAL.—Not later than 1 year by the Secretary solely for purposes of car-
after the date of enactment of this Act, the
clear I was on my way here—I think
rying out subsection (h) of section 6428 of the that this is a flawed approach to a very
Commissioner of Social Security shall sub- Internal Revenue Code of 1986; and
mit to Congress a plan, which shall include serious problem, and the reason I feel
‘‘(ii) the Secretary agrees to establish safe-
an estimate of the cost of implementing the this way, as the ranking Democrat on
guards to assure the maintenance of the con-
policies and procedures described in such fidentiality of any records or information the Finance Committee, is this gives
plan, to improve the accuracy and complete- disclosed. Social Security more responsibilities
ness of the death data (including, where fea- ‘‘(B) In this paragraph, the term ‘Sec- without any additional resources, and
sible and cost-effective, data regarding indi- retary’ means the Secretary of the Treasury it comes at a time when I think there
viduals who are not eligible for or receiving or the Secretary’s delegate.’’.
benefits under titles II or XVI of the Social
are going to be real challenges for So-
(b) RECOVERY OF REBATE PAYMENTS TO DE- cial Security as it tries to pay benefits.
Security Act) maintained and distributed by CEASED INDIVIDUALS.—Section 6428 of the In-
the Social Security Administration. Around here you always have a
ternal Revenue Code of 1986 is amended—
(b) CONTENT OF PLAN.—In developing the chance to take another crack at it. I
(1) by redesignating subsection (h) as sub-
plan required under subsection (a), the Com-
section (i), and was on my way over here to offer to
missioner of Social Security shall consider work with my colleagues—the Senator
(2) by inserting after subsection (g) the fol-
whether to include the following elements: from Louisiana, the Senator from Dela-
lowing new subsection:
(1) Procedures for— ware—but apparently it was so impor-
‘‘(h) RECOVERY OF REBATE PAYMENTS TO
(A) identifying individuals who are ex-
tremely elderly, as determined by the Com-
DECEASED INDIVIDUALS.—In the case of any tant that I couldn’t come over here and
individual who is shown on the records or in- make that offer, and I think the Senate
missioner, but for whom no record of death
formation disclosed to the Secretary under will regret this.
exists in the records of the Social Security
section 205(r)(10) of the Social Security Act I yield the floor.
Administration;
as being deceased before January 1, 2020, if
(B) verifying the information contained in The PRESIDING OFFICER. The Sen-
the Secretary has distributed a payment to
the records of the Social Security Adminis- ator from Louisiana.
such individual pursuant to subsection (f),
tration with respect to individuals described Mr. KENNEDY. Mr. President, I want
the Secretary shall, to the extent prac-
in subparagraph (A) and correcting any inac- to respond to that because the Senator
ticable, carry out any measures as are
curacies; and
deemed appropriate to suspend, cancel, and from Oregon knows how much I admire
(C) where appropriate, disclosing correc-
recover such payment.’’. him. But my understanding, after talk-
tions made to the records of the Social Secu-
(c) EFFECTIVE DATE.—The amendments ing with his chief of staff—and as I
rity Administration.
made by this section shall take effect on the said, Senator CARPER has been working
(2) Improved policies and procedures for
date of enactment of this Act.
identifying and correcting erroneous death on this for 7 years. I have been working
records, including policies and procedures Mr. PAUL. Thank you. on it for 31⁄2 years.
for— The PRESIDING OFFICER. The Sen- We hotlined this bill, I think, last
(A) identifying individuals listed as dead ator from Louisiana. Thursday. We had no objections. Well,
who are actually alive; Mr. KENNEDY. Mr. President, I actually, I take that back. We had a
(B) identifying individuals listed as alive would now like to yield to Senator
who are actually dead; and
couple of objections, and we worked
CARPER. I think I have the floor. them all out.
(C) allowing individuals or survivors of de-
ceased individuals to notify the Social Secu- The PRESIDING OFFICER. The Sen- Then we got down here today at 3:25
rity Administration of potential errors. ator has been recognized. to start, and we found out that Senator
(3) Improved policies and procedures to Mr. KENNEDY. I would like to yield WYDEN had an objection, so we tried to
identify and correct discrepancies in the to Senator CARPER, who I believe will reach Senator WYDEN. We couldn’t. We
records of the Social Security Administra- have a motion with respect to our bill, talked to his chief of staff. I was listen-
tion, including social security number which I call the Stop Paying Dead Peo- ing to the call. He said that Senator
records. ple Act.
(4) A process for employing statistical
WYDEN wasn’t available. He didn’t
I believe I still have the floor. know when he would be available. We
analysis of the death data maintained and
distributed by the Social Security Adminis- The PRESIDING OFFICER. The Sen- tried to do it tomorrow, but we weren’t
tration to determine an estimate of the num- ator does have the floor. sure. That is why we—Senator CARPER
ber of erroneous records. Mr. KENNEDY. I would like to yield, and I—proceeded.
(5) Recommendations for legislation, as if he wishes the time, to Senator CAR- I am more than willing to sit down
necessary. PER to make a motion. If he is not pre- and work with Senator WYDEN. He
SEC. 5. REPORT ON INFORMATION SECURITY. pared to make a motion, I am. knows that. We are working on a num-
Not later than 90 days after the date of the The PRESIDING OFFICER (Mr. ber of other bills together. But I want
enactment of this Act, the Commissioner of BOOZMAN). Is there objection to the
Social Security shall submit a report to the
to reiterate the urgency of this. The
yielding? American people are laughing at us.
Committees on Ways and Means, Oversight
and Reform, and Homeland Security of the The Senator from Delaware. They are laughing at us. We sent out
House of Representatives, and the Commit- Mr. CARPER. Senator WYDEN has 1.1 million checks. Do you know what
tees on Finance and Homeland Security and some concerns about the legislation. the check said? ‘‘John Doe, deceased.’’
Governmental Affairs of the Senate that— Would he just take a couple minutes It said: ‘‘John Doe, deceased.’’ The
(1) identifies all information systems of and explain what those are? time has come to do something about
the Social Security Administration con- Again, I think my friend knows that it.
taining sensitive information; and it is something we have worked on for Now, something just passed. I am
(2) describes the measures the Commis-
7 years—same concept reported out of going to ask for a ruling from the
sioner is taking to secure and protect such
information systems. committee unanimously, repeatedly, Chair to find out what passed.
SEC. 6. LIMITED ACCESS TO DEATH INFORMA- and we are still waiting to get it done. The PRESIDING OFFICER. S. 4104.
TION MAINTAINED BY THE SOCIAL Let me yield to the Senator from Or- Mr. KENNEDY. Was that Senator
dlhill on DSK120RN23PROD with SENATE
SECURITY ADMINISTRATION FOR egon. PAUL’s bill?
RECOVERY OF ERRONEOUS REBATE
PAYMENTS.
The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Yes.
(a) IN GENERAL.—Section 205(r) of the So- ator from Oregon. Mr. KENNEDY. Combined with Sen-
cial Security Act (42 U.S.C. 405(r)), as amend- Mr. WYDEN. Mr. President, par- ator CARPER’s bill and my bill?
ed by section 2, is further amended by adding liamentary inquiry: Has this bill The PRESIDING OFFICER. Let me
at the end the following new paragraph: passed now on UC? just read this:
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S4002 CONGRESSIONAL RECORD — SENATE June 30, 2020
I ask unanimous consent that the Senate people, and all we had to do was pass a NATIONAL DEFENSE AUTHORIZA-
proceed to the immediate consideration of S. simple bill that says to people at So- TION ACT FOR FISCAL YEAR
4104, introduced earlier today. I further ask cial Security: Share your death file 2021—Continued
that the bill be considered read a third time
with the rest of your colleagues. What The PRESIDING OFFICER. The Sen-
and passed and that the motion to reconsider
be considered made and laid upon the table. is controversial about that? ator from Minnesota.
So that was the entirety of the re- Mr. CARPER. Will the gentleman UNANIMOUS CONSENT REQUEST—S. 4033
quest. yield? Ms. KLOBUCHAR. Mr. President, I
The title is ‘‘to amend the Improper Mr. KENNEDY. Certainly. come to the floor today to discuss the
Payments Elimination and Recovery Mr. CARPER. I think the concern threats facing our upcoming elec-
Improvement Act of 2012, including raised by Senator WYDEN is if the So- tions—threats from the coronavirus
making changes to the Do Not Pay Ini- cial Security Administration is going and threats posed by foreign adver-
tiative, for improved detection, preven- to be sharing this information not just saries—and to once again urge my Re-
tion, and recovery of improper pay- with the IRS and a handful of agencies, publican colleagues to immediately
ments to deceased individuals, and for there is going to be some cost involved take up legislation to address these
other purposes.’’ in that sharing. That is a legitimate threats.
Mr. KENNEDY. So if I might ask, concern. Speaking for myself—and my As ranking member of the Rules
does that mean that both bills together guess is speaking for my friend from Committee, I am proud to be speaking
have passed? Louisiana—if there is an additional on the floor today with my Democratic
The PRESIDING OFFICER. I am not cost incurred by the Social Security colleagues—including Senators
sure what is in the bills, but I would as- Administration, I am sure it is going to BLUMENTHAL, WARNER, DURBIN, COONS,
sume that that is the case. be a lot less than $1.4 billion that we and WYDEN—who will speak during the
We did not have the paperwork be- have just wasted in sending out these next hour on the need to protect our
forehand. $1,200 checks over the last several elections and make voting safe and
Mr. KENNEDY. Mr. President, excuse months. easy throughout this pandemic and be-
me. My understanding is that Senator I will pledge—and will invite my yond. And that is safe and easy for
PAUL’s bill and the Carper-Kennedy bill friend from Louisiana to join me—to Democrats, for Republicans, for Inde-
were merged together, so we had two assure Senator WYDEN that we will pendents, for members of any party or
bills. work with him and his staff and the anyone who wants to vote. This is not
Is my understanding correct? folks at the Social Security Adminis- a partisan issue. Voting in our democ-
The PRESIDING OFFICER. To be tration to make sure that the Social racy is not a partisan issue. Everyone
honest, the Chair cannot answer that. Security Administration is made whole who wants to vote should be able to
Mr. KENNEDY. I believe the RECORD if the legislation that we have just ap- vote for whomever they want to vote
will reflect that is correct, that Sen- parently adopted here—if it actually is for.
ator PAUL—I am not asking you to adopted and signed into law, we will Today there are primaries happening
comment on the accuracy of what I am make the Social Security Administra- in Colorado and Utah—two of the five
about to say, but I believe the RECORD tion whole. That is a very fair thing to States that vote almost entirely by
will reflect that Senator PAUL’s bill ask of us, and we should do that. mail—as well as Oklahoma.
was merged with the Carper-Kennedy Mr. KENNEDY. Will the Senator As cases of coronavirus in this coun-
bill and that those bills have passed as yield? try rise, it is vital that all voters be
one bill. Mr. CARPER. I would be happy to. able to cast their ballots from home, to
Now, having said that, if Senator Mr. KENNEDY. Senator, do I under- cast their ballots by mail—a system
WYDEN or anybody else would like to stand correctly that one of Senator that Colorado and Utah know to be
sit down with Senator CARPER and me WYDEN’s problems or issues is the cost? safe and secure. We have heard Senator
and make some improvements to the Mr. CARPER. The cost that might be ROMNEY speak out strongly in defense
bill, I am more than happy to do this incurred by the Social Security Admin- of vote-by-mail and how it works in
and to do that. istration because they would be asked Utah. We have heard elected officials
I will not speak for my good friend to share this information more widely in Colorado, both Democrats and Re-
and mentor Senator CARPER, but I among Federal agencies than they do publicans—these two States that have
know he would share in my feelings, today. primaries today—say that their system
and I would extend that courtesy to Mr. KENNEDY. Well, will the Sen- works, that their democracies work.
Senator WYDEN and to any other Sen- ator yield for 30 seconds? This week we are also working to
ator who would like to make some pass the National Defense Authoriza-
Then I would suggest, Senator CAR-
changes. tion Act. Colleagues, let me be clear. If
PER, through the Presiding Officer,
Let me reiterate again: This is a seri- we are concerned about defending our
that we sit down with Senator WYDEN
ous problem. We hotlined this bill on country, then we must protect our de-
and try to address these very legiti-
Thursday. We have worked out many mocracy, and if our elections are not
mate concerns.
difficult issues, and we found out that safe, then our democracy is not secure.
there was another Senator who For the moment, I happen to be Election security is national security.
couldn’t be available—he said, 5 min- chairman of the Financial Services and We shouldn’t spend more on military
utes ago—and that is why we pro- General Government Subcommittee in bands—I love military bands, but we
ceeded. But I am willing to unproceed Appropriations, and it may be that we shouldn’t spend more on military
to work with RON or anybody else who can address those concerns there, and I bands than we do on securing our elec-
wants to improve this bill. But improv- would be more than happy to. tions on a Federal level—especially
ing this bill, for me, doesn’t mean—I But I am equally happy to report to now, when we have foreign adversaries
have only been here 3 or 4 years, but I the American people that the U.S. Sen- that the intelligence officials in the
have learned—I have learned the hard ate finally did something to stop pay- Trump administration have long said
way—that sometimes negotiations can ing dead people hard-earned taxpayer were emboldened by the last election—
last years. money, and I want to give most of the as in Russia—and will try to do this
Do you know what? I have said it be- credit to Senator CARPER because he is again.
fore: Doing nothing is hard. You never a patient man. He has been working on We should not be spending more on
know when you are finished, and we this for 7 years. He is a more patient military bands than securing our elec-
dlhill on DSK120RN23PROD with SENATE
need to do something on this. man than I am. tion on a Federal level when, in fact,
I am embarrassed to go home. I feel I yield the floor. we have a situation where a pandemic
like putting on a bag in the airplane Mr. CARPER. Mr. President, I thank has made it unsafe for people to vote,
when I get out so that my constituents my colleague for his work, his efforts, especially seniors and people with pre-
will not see me. We sent out $1.4 billion and his tenacity. existing conditions, especially our vet-
of taxpayer money to 1.1 million dead I yield the floor. erans.
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