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Home Source documents Stopping Improper Payments to Deceased People Act, S. 4104 — Congressional Record, Senate, June 30, 2020

Stopping Improper Payments to Deceased People Act, S. 4104 — Congressional Record, Senate, June 30, 2020

Summary

Pages S4038 and S4039 of the Congressional Record, Senate, June 30, 2020. The first part lists additions of cosponsors, at the request of named Senators, to amendments intended to be proposed to S. 4049, an original bill to authorize appropriations for fiscal year 2021 for military activities of the Department of Defense. Under the heading Statements on Introduced Bills and Joint Resolution, Mr. PAUL introduces S. 4104, a bill to amend the Improper Payments Elimination and Recovery Improvement Act of 2012 for improved detection, prevention, and recovery of improper payments to deceased individuals, marked considered and passed. The printed bill text is titled the Stopping Improper Payments to Deceased People Act.

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“Stopping Improper Payments to Deceased People Act, S. 4104 — Congressional Record, Senate, June 30, 2020.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-06-30-crec-2020-06-30-pt1-pgs4038-b63ba1aedd/, SHA-256 3859a18634248022d47841a0d449bb13443ada9a36974901a4dce1df9d0da7a8.

Full text

                                             S4038                                             CONGRESSIONAL RECORD — SENATE                                                              June 30, 2020
                                             (Mr. VAN HOLLEN) was added as a co-                      MURRAY), the Senator from Con-                         struction, and for defense activities of
                                             sponsor of amendment No. 2211 in-                        necticut (Mr. BLUMENTHAL), the Sen-                    the Department of Energy, to prescribe
                                             tended to be proposed to S. 4049, an                     ator from Ohio (Mr. BROWN), the Sen-                   military personnel strengths for such
                                             original bill to authorize appropria-                    ator from Connecticut (Mr. MURPHY)                     fiscal year, and for other purposes.
                                             tions for fiscal year 2021 for military                  and the Senator from New Mexico (Mr.                                    AMENDMENT NO. 2302
                                             activities of the Department of De-                      UDALL) were added as cosponsors of                       At the request of Mr. CRAPO, the
                                             fense, for military construction, and                    amendment No. 2252 intended to be pro-                 name of the Senator from New Mexico
                                             for defense activities of the Depart-                    posed to S. 4049, an original bill to au-              (Mr. UDALL) was added as a cosponsor
                                             ment of Energy, to prescribe military                    thorize appropriations for fiscal year                 of amendment No. 2302 intended to be
                                             personnel strengths for such fiscal                      2021 for military activities of the De-                proposed to S. 4049, an original bill to
                                             year, and for other purposes.                            partment of Defense, for military con-                 authorize appropriations for fiscal year
                                                             AMENDMENT NO. 2217                       struction, and for defense activities of               2021 for military activities of the De-
                                               At the request of Mrs. FEINSTEIN, the                  the Department of Energy, to prescribe                 partment of Defense, for military con-
                                             name of the Senator from Nevada (Ms.                     military personnel strengths for such                  struction, and for defense activities of
                                             CORTEZ MASTO) was added as a cospon-                     fiscal year, and for other purposes.                   the Department of Energy, to prescribe
                                             sor of amendment No. 2217 intended to                                    AMENDMENT NO. 2259                     military personnel strengths for such
                                             be proposed to S. 4049, an original bill                   At the request of Mr. BROWN, the                     fiscal year, and for other purposes.
                                             to authorize appropriations for fiscal                   name of the Senator from Washington                                     AMENDMENT NO. 2309
                                             year 2021 for military activities of the                 (Mrs. MURRAY) was added as a cospon-                     At the request of Ms. BALDWIN, the
                                             Department of Defense, for military                      sor of amendment No. 2259 intended to                  name of the Senator from Pennsyl-
                                             construction, and for defense activities                 be proposed to S. 4049, an original bill               vania (Mr. CASEY) was added as a co-
                                             of the Department of Energy, to pre-                     to authorize appropriations for fiscal                 sponsor of amendment No. 2309 in-
                                             scribe military personnel strengths for                  year 2021 for military activities of the               tended to be proposed to S. 4049, an
                                             such fiscal year, and for other pur-                     Department of Defense, for military                    original bill to authorize appropria-
                                             poses.                                                   construction, and for defense activities               tions for fiscal year 2021 for military
                                                             AMENDMENT NO. 2219                       of the Department of Energy, to pre-                   activities of the Department of De-
                                               At the request of Mr. WARNER, the                      scribe military personnel strengths for                fense, for military construction, and
                                             name of the Senator from California                      such fiscal year, and for other pur-                   for defense activities of the Depart-
                                             (Mrs. FEINSTEIN) was added as a co-                      poses.                                                 ment of Energy, to prescribe military
                                             sponsor of amendment No. 2219 in-                                        AMENDMENT NO. 2268                     personnel strengths for such fiscal
                                             tended to be proposed to S. 4049, an                       At the request of Ms. HIRONO, the                    year, and for other purposes.
                                             original bill to authorize appropria-                    name of the Senator from Alaska (Ms.                                    AMENDMENT NO. 2317
                                             tions for fiscal year 2021 for military                  MURKOWSKI) was added as a cosponsor                      At the request of Ms. HARRIS, the
                                             activities of the Department of De-                      of amendment No. 2268 intended to be                   name of the Senator from Oregon (Mr.
                                             fense, for military construction, and                    proposed to S. 4049, an original bill to               MERKLEY) was added as a cosponsor of
                                             for defense activities of the Depart-                    authorize appropriations for fiscal year               amendment No. 2317 intended to be pro-
                                             ment of Energy, to prescribe military                    2021 for military activities of the De-                posed to S. 4049, an original bill to au-
                                             personnel strengths for such fiscal                      partment of Defense, for military con-                 thorize appropriations for fiscal year
                                             year, and for other purposes.                            struction, and for defense activities of               2021 for military activities of the De-
                                                             AMENDMENT NO. 2244                       the Department of Energy, to prescribe                 partment of Defense, for military con-
                                               At the request of Mr. CORNYN, the                      military personnel strengths for such                  struction, and for defense activities of
                                             name of the Senator from Arizona (Ms.                    fiscal year, and for other purposes.                   the Department of Energy, to prescribe
                                             MCSALLY) was added as a cosponsor of                                     AMENDMENT NO. 2269
                                                                                                                                                             military personnel strengths for such
                                             amendment No. 2244 intended to be pro-                     At the request of Ms. HIRONO, the                    fiscal year, and for other purposes.
                                             posed to S. 4049, an original bill to au-                name of the Senator from Alaska (Ms.                                    AMENDMENT NO. 2323
                                             thorize appropriations for fiscal year                   MURKOWSKI) was added as a cosponsor
                                                                                                                                                               At the request of Mr. DURBIN, the
                                             2021 for military activities of the De-                  of amendment No. 2269 intended to be
                                                                                                                                                             name of the Senator from Washington
                                             partment of Defense, for military con-                   proposed to S. 4049, an original bill to
                                                                                                                                                             (Mrs. MURRAY) was added as a cospon-
                                             struction, and for defense activities of                 authorize appropriations for fiscal year
                                                                                                                                                             sor of amendment No. 2323 intended to
                                             the Department of Energy, to prescribe                   2021 for military activities of the De-
                                                                                                                                                             be proposed to S. 4049, an original bill
                                             military personnel strengths for such                    partment of Defense, for military con-
                                                                                                                                                             to authorize appropriations for fiscal
                                             fiscal year, and for other purposes.                     struction, and for defense activities of
                                                                                                                                                             year 2021 for military activities of the
                                                             AMENDMENT NO. 2245                       the Department of Energy, to prescribe
                                                                                                                                                             Department of Defense, for military
                                               At the request of Mr. CORNYN, the                      military personnel strengths for such
                                                                                                                                                             construction, and for defense activities
                                             names of the Senator from Texas (Mr.                     fiscal year, and for other purposes.
                                                                                                                                                             of the Department of Energy, to pre-
                                             CRUZ) and the Senator from Arizona                                       AMENDMENT NO. 2277
                                                                                                                                                             scribe military personnel strengths for
                                             (Ms. MCSALLY) were added as cospon-                        At the request of Mr. TOOMEY, the                    such fiscal year, and for other pur-
                                             sors of amendment No. 2245 intended to                   name of the Senator from Oregon (Mr.                   poses.
                                             be proposed to S. 4049, an original bill                 MERKLEY) was added as a cosponsor of
                                             to authorize appropriations for fiscal                   amendment No. 2277 intended to be pro-                                   f
                                             year 2021 for military activities of the                 posed to S. 4049, an original bill to au-
                                             Department of Defense, for military                      thorize appropriations for fiscal year                    STATEMENTS ON INTRODUCED
                                             construction, and for defense activities                 2021 for military activities of the De-                  BILLS AND JOINT RESOLUTION
                                             of the Department of Energy, to pre-                     partment of Defense, for military con-                       By Mr. PAUL (for himself, Mr.
                                             scribe military personnel strengths for                  struction, and for defense activities of                       KENNEDY, and Ms. COLLINS):
                                             such fiscal year, and for other pur-                     the Department of Energy, to prescribe                   S. 4104. A bill to amend the Improper
                                             poses.                                                   military personnel strengths for such                  Payments Elimination and Recovery
                                                             AMENDMENT NO. 2252                       fiscal year, and for other purposes.                   Improvement Act of 2012, including
                                               At the request of Mr. SCHATZ, the                                      AMENDMENT NO. 2296                     making changes to the Do Not Pay Ini-
                                             names of the Senator from Illinois (Mr.                    At the request of Mr. BLUMENTHAL,                    tiative, for improved detection, preven-
                                             DURBIN), the Senator from New Jersey                     the name of the Senator from Missouri                  tion, and recovery of improper pay-




dlhill on DSK120RN23PROD with SENATE
                                             (Mr. BOOKER), the Senator from Mary-                     (Mr. HAWLEY) was added as a cosponsor                  ments to deceased individuals, and for
                                             land (Mr. VAN HOLLEN), the Senator                       of amendment No. 2296 intended to be                   other purposes; considered and passed.
                                             from Colorado (Mr. BENNET), the Sen-                     proposed to S. 4049, an original bill to                                    S. 4104
                                             ator from Wisconsin (Ms. BALDWIN), the                   authorize appropriations for fiscal year                 Be it enacted by the Senate and House of Rep-
                                             Senator from Vermont (Mr. SANDERS),                      2021 for military activities of the De-                resentatives of the United States of America in
                                             the Senator from Washington (Mrs.                        partment of Defense, for military con-                 Congress assembled,




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                                             June 30, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S4039
                                             SECTION 1. SHORT TITLE.                                     ‘‘(ii) reimbursement payments shall be ac-            (G) a comparison of the potential alternate
                                               This Act may be cited as the ‘‘Stopping                counted for and recorded separately from               sources of death data to the death data dis-
                                             Improper Payments to Deceased People                     other transactions.                                    tributed by the Commissioner of Social Se-
                                             Act’’.                                                      ‘‘(4) The Commissioner of Social Security           curity.
                                             SEC. 2. DISTRIBUTION OF DEATH INFORMATION                may enter into similar arrangements with                 (2) REPORT.—Not later than 4 years after
                                                         FURNISHED TO OR MAINTAINED BY                States to provide information regarding all            the date of enactment of this Act, the Direc-
                                                         THE SOCIAL SECURITY ADMINISTRA-              deceased individuals furnished to or main-             tor of the Office of Management and Budget
                                                         TION.
                                                                                                      tained by the Commissioner under this sub-             shall submit a report to Congress on the re-
                                               (a) IN GENERAL.—                                       section for use by States in programs wholly           sults of the review and analyses required
                                               (1) IN GENERAL.—Section 205(r) of the So-              funded by the States, or for use in the ad-            under paragraph (1). The report shall include
                                             cial Security Act (42 U.S.C. 405(r)) is amend-           ministration of a benefit pension plan or re-          a recommendation by the Director of the Of-
                                             ed—                                                      tirement system for employees of a State or
                                                (A) in paragraph (2)—                                                                                        fice of Management and Budget regarding
                                                                                                      a political subdivision thereof, if the require-       whether to extend the agency access to
                                                (i) by striking ‘‘may’’ and inserting                 ments of clauses (i), (ii), and (iii) of para-
                                             ‘‘shall’’; and                                                                                                  death data distributed by the Commissioner
                                                                                                      graph (3)(A) are met. For purposes of this             of Social Security provided under the
                                                (ii) by inserting ‘‘, and to ensure the com-          paragraph, the terms retirement system and
                                             pleteness, timeliness, and accuracy of,’’ after                                                                 amendments made by subsection (a)(1) be-
                                                                                                      political subdivision have the meanings                yond the date on which such amendments
                                             ‘‘transmitting’’;                                        given such terms in section 218(b).
                                                (B) by striking paragraphs (3), (4), and (5)                                                                 are to be repealed under subsection (a)(2).
                                                                                                         ‘‘(5) The Commissioner of Social Security
                                             and inserting the following:                                                                                    SEC. 3. IMPROVING THE USE OF DATA BY GOV-
                                                                                                      may use or provide for the use of informa-                        ERNMENT AGENCIES TO CURB IM-
                                                ‘‘(3)(A) In the case of individuals with re-          tion regarding all deceased individuals fur-
                                             spect to whom federally funded benefits are                                                                                PROPER PAYMENTS.
                                                                                                      nished to or maintained by the Commis-
                                             provided by (or through) a Federal or State                                                                       The Improper Payments Elimination and
                                                                                                      sioner under this subsection for statistical
                                             agency, the Commissioner of Social Security                                                                     Recovery Improvement Act of 2012 (31 U.S.C.
                                                                                                      purposes and research activities by Federal
                                             shall, to the extent feasible, provide such in-                                                                 3321 note) is amended by adding at the end
                                                                                                      and State agencies (including research ac-
                                             formation through a cooperative arrange-                                                                        the following:
                                                                                                      tivities conducted under a contract or a co-
                                             ment with such agency for ensuring proper                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.
                                                                                                      fined for purposes of sections 6303 and 6305,
                                             such individuals if—                                                                                             ‘‘(a) GUIDANCE BY THE OFFICE OF MANAGE-
                                                                                                      respectively, of title 31, United States Code)
                                                ‘‘(i) under such arrangement the agency                                                                      MENT AND BUDGET.—
                                                                                                      with such an agency) if the requirements of
                                             agrees to such safeguards as the Commis-                                                                         ‘‘(1) GUIDANCE TO AGENCIES.—Not later than
                                                                                                      clauses (i) and (ii) of paragraph (3)(A) are
                                             sioner determines are necessary or appro-                                                                       1 year after the date of enactment of this
                                                                                                      met.’’; and
                                             priate to protect the information from unau-                                                                    section, and in consultation with the Council
                                                                                                         (C) in paragraph (8)(A)(i), by striking ‘‘sub-
                                             thorized use or disclosure;                                                                                     of Inspectors General on Integrity and Effi-
                                                                                                      paragraphs (A) and (B) of paragraph (3)’’ and
                                                ‘‘(ii) under such arrangement the agency                                                                     ciency and the heads of other relevant Fed-
                                                                                                      inserting ‘‘clauses (i), (ii), and (iii) of para-
                                             provides reimbursement to the Commis-                                                                           eral, State, and local agencies, and Indian
                                                                                                      graph (3)(A)’’.
                                             sioner of Social Security for the reasonable                                                                    tribes and tribal organizations, the Director
                                                                                                         (2) REPEAL.—Effective on the date that is 5
                                             cost of carrying out such arrangement, in-                                                                      of the Office of Management and Budget
                                                                                                      years after the date of enactment of this
                                             cluding the reasonable costs associated with                                                                    shall issue guidance for each agency or com-
                                                                                                      Act, the amendments made by this sub-
                                             the collection and maintenance of informa-                                                                      ponent of an agency that operates or main-
                                                                                                      section to paragraphs (3), (4), (5), and (8) of
                                             tion regarding deceased individuals fur-                                                                        tains a database of information relating to
                                             nished to the Commissioner pursuant to                   section 205(r) of the Social Security Act (42
                                                                                                      U.S.C. 405(r)) are repealed, and the provisions        beneficiaries, annuity recipients, or any pur-
                                             paragraph (1); and                                                                                              pose described in section 205(r)(3)(B) of the
                                                ‘‘(iii) such arrangement does not conflict            of section 205(r) of the Social Security Act
                                                                                                      (42 U.S.C. 405(r)) so amended are restored and         Social Security Act (42 U.S.C. 405(r)(3)(B))
                                             with the duties of the Commissioner of So-                                                                      for which improved data matching with
                                             cial Security under paragraph (1).                       revived as if such amendments had not been
                                                                                                      enacted.                                               databases relating to the death of an indi-
                                                ‘‘(B) The Commissioner of Social Security
                                                                                                         (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
                                             clauses (i), (ii), and (iii) of subparagraph (A)         ‘‘Commissioner of Social Security’’; and               AGENCIES AND INDIAN TRIBES AND TRIBAL OR-
                                             are met:                                                    (B) in subparagraph (B)(ii), by striking            GANIZATIONS.—Not later than 1 year after the
                                                ‘‘(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




dlhill on DSK120RN23PROD with SENATE
                                             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




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                                             S4040                                             CONGRESSIONAL RECORD — SENATE                                                            June 30, 2020
                                             the death of individuals who are recipients of             (2) describes the measures the Commis-                 ‘‘(2) OTHER 7(A) LOANS.—During fiscal year
                                             such benefits.                                           sioner is taking to secure and protect such            2020, the amount authorized for commit-
                                               ‘‘(2) ANNUAL REPORT.—Not later than 1                  information systems.                                   ments for section 7(a) of the Small Business
                                             year after the date of enactment of this sec-            SEC. 6. LIMITED ACCESS TO DEATH INFORMA-               Act (15 U.S.C. 636(a)) under the heading
                                             tion, and for each of the 4 succeeding years,                       TION MAINTAINED BY THE SOCIAL               ‘BUSINESS LOANS PROGRAM ACCOUNT’ under
                                             the Secretary of the Treasury shall submit                          SECURITY ADMINISTRATION FOR                 the heading ‘SMALL BUSINESS ADMINISTRA-
                                             to Congress a report regarding the imple-                           RECOVERY OF ERRONEOUS REBATE                TION’ under title V of the Consolidated Ap-
                                                                                                                 PAYMENTS.
                                             mentation of this section. The first report                                                                     propriations Act, 2020 (Public Law 116– 93; 133
                                             submitted under this paragraph shall include               (a) IN GENERAL.—Section 205(r) of the So-            Stat. 2475) shall apply with respect to any
                                             the recommendations of the Secretary re-                 cial Security Act (42 U.S.C. 405(r)), as amend-        commitments under such section 7(a) other
                                             quired under subsection (a)(2).                          ed by section 2, is further amended by adding          than under paragraph (36) of such section
                                                                                                      at the end the following new paragraph:                7(a).’’.
                                               ‘‘(c) DEFINITIONS.—In this section, the
                                                                                                        ‘‘(10)(A) Notwithstanding any provision or
                                             terms Indian tribe and tribal organization                                                                                      f
                                                                                                      requirement under paragraph (3), not later
                                             have the meanings given those terms in sec-
                                                                                                      than 30 days after the date of enactment of                   SUBMITTED RESOLUTIONS
                                             tion 4 of the Indian Self-Determination and
                                                                                                      this paragraph, the Commissioner of Social
                                             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-
                                                        AND COMPLETENESS OF DEATH                                                                            SENATE       RESOLUTION      638—EX-
                                                                                                      tained by the Commissioner of Social Secu-
                                                        DATA MAINTAINED AND DISTRIB-
                                                                                                      rity pursuant to paragraph (1), provided
                                                                                                                                                               PRESSING THE SENSE OF THE
                                                        UTED BY THE SOCIAL SECURITY AD-                                                                        SENATE THAT THE DEPART-
                                                        MINISTRATION.                                 that—
                                                                                                        ‘‘(i) such records and information are used            MENT OF JUSTICE SHOULD DE-
                                               (a) IN GENERAL.—Not later than 1 year
                                             after the date of enactment of this Act, the             by the Secretary solely for purposes of car-             FEND THE PATIENT PROTECTION
                                             Commissioner of Social Security shall sub-               rying out subsection (h) of section 6428 of the          AND AFFORDABLE CARE ACT
                                             mit to Congress a plan, which shall include              Internal Revenue Code of 1986; and                       (PUBLIC LAW 111–148 STAT. 119)
                                             an estimate of the cost of implementing the                ‘‘(ii) the Secretary agrees to establish safe-         AND HALT ITS EFFORTS TO RE-
                                             policies and procedures described in such                guards to assure the maintenance of the con-             PEAL, SABOTAGE, OR UNDER-
                                             plan, to improve the accuracy and complete-              fidentiality of any records or information
                                                                                                      disclosed.
                                                                                                                                                               MINE HEALTH CARE PROTEC-
                                             ness of the death data (including, where fea-                                                                     TIONS FOR MILLIONS OF PEOPLE
                                             sible and cost-effective, data regarding indi-             ‘‘(B) In this paragraph, the term ‘Sec-
                                                                                                      retary’ means the Secretary of the Treasury              IN THE UNITED STATES IN THE
                                             viduals who are not eligible for or receiving
                                             benefits under titles II or XVI of the Social            or the Secretary’s delegate.’’.                          MIDST OF THE PUBLIC HEALTH
                                                                                                        (b) RECOVERY OF REBATE PAYMENTS TO DE-                 EMERGENCY RELATING TO THE
                                             Security Act) maintained and distributed by
                                                                                                      CEASED INDIVIDUALS.—Section 6428 of the In-              CORONAVIRUS       DISEASE      2019
                                             the Social Security Administration.
                                                                                                      ternal Revenue Code of 1986 is amended—                  (COVID–19)
                                               (b) CONTENT OF PLAN.—In developing the
                                                                                                        (1) by redesignating subsection (h) as sub-
                                             plan required under subsection (a), the Com-                                                                      Mr. TESTER (for himself, Mr. SCHU-
                                                                                                      section (i), and
                                             missioner of Social Security shall consider
                                                                                                        (2) by inserting after subsection (g) the fol-       MER, Mrs. SHAHEEN, Mr. MANCHIN, Mr.
                                             whether to include the following elements:
                                                                                                      lowing new subsection:                                 KAINE, Mr. WARNER, Mr. JONES, Ms.
                                               (1) Procedures for—                                      ‘‘(h) RECOVERY OF REBATE PAYMENTS TO
                                               (A) identifying individuals who are ex-                                                                       SMITH, Ms. HIRONO, Mr. REED, Mr. VAN
                                                                                                      DECEASED INDIVIDUALS.—In the case of any
                                             tremely elderly, as determined by the Com-                                                                      HOLLEN, Ms. CORTEZ MASTO, Ms. BALD-
                                                                                                      individual who is shown on the records or in-
                                             missioner, but for whom no record of death               formation disclosed to the Secretary under             WIN, Mr. BROWN, Mr. BENNET, Mr. CAR-
                                             exists in the records of the Social Security             section 205(r)(10) of the Social Security Act          PER, Mr. BLUMENTHAL, Mr. MARKEY,
                                             Administration;                                          as being deceased before January 1, 2020, if           Mr. DURBIN, Ms. HARRIS, Mr. CARDIN,
                                               (B) verifying the information contained in             the Secretary has distributed a payment to             Mrs. MURRAY, Ms. ROSEN, Ms. STABE-
                                             the records of the Social Security Adminis-              such individual pursuant to subsection (f),            NOW, Mr. MURPHY, Mr. WYDEN, Ms.
                                             tration with respect to individuals described            the Secretary shall, to the extent prac-
                                             in subparagraph (A) and correcting any inac-                                                                    HASSAN, Mr. PETERS, Ms. KLOBUCHAR,
                                                                                                      ticable, carry out any measures as are                 Mr. HEINRICH, Ms. WARREN, Ms.
                                             curacies; and                                            deemed appropriate to suspend, cancel, and
                                               (C) where appropriate, disclosing correc-                                                                     SINEMA, Mr. KING, Mr. UDALL, Mr.
                                                                                                      recover such payment.’’.
                                             tions made to the records of the Social Secu-              (c) EFFECTIVE DATE.—The amendments                   WHITEHOUSE, Mr. MENENDEZ, Mrs. FEIN-
                                             rity Administration.                                     made by this section shall take effect on the          STEIN, Mr. SCHATZ, Mr. COONS, Mr.
                                               (2) Improved policies and procedures for               date of enactment of this Act.                         LEAHY, Mr. SANDERS, Mr. BOOKER, Mrs.
                                             identifying and correcting erroneous death                                                                      GILLIBRAND, Mr. MERKLEY, Ms. CANT-
                                             records, including policies and procedures                     By Mr. CARDIN (for himself, Mr.                  WELL, Mr. CASEY, and Ms. DUCKWORTH)
                                             for—                                                             SCHUMER, Mrs. SHAHEEN, Mr.
                                               (A) identifying individuals listed as dead                                                                    submitted the following resolution;
                                             who are actually alive;
                                                                                                              COONS, Ms. ROSEN, and Ms. COL-                 which was referred to the Committee
                                               (B) identifying individuals listed as alive                    LINS):                                         on the Judiciary:
                                             who are actually dead; and                                 S. 4116. A bill to extend the authority                                S. RES. 638
                                               (C) allowing individuals or survivors of de-           for commitments for the paycheck pro-
                                                                                                                                                               Whereas more than 2,500,000 people in the
                                             ceased individuals to notify the Social Secu-            tection program and separate amounts                   United States have tested positive for the
                                             rity Administration of potential errors.                 authorized for other loans under sec-                  Coronavirus Disease 2019 (referred to in this
                                               (3) Improved policies and procedures to                tion 7(a) of the Small Business Act, and               preamble as ‘‘COVID–19’’), with many requir-
                                             identify and correct discrepancies in the                for other purposes; considered and                     ing costly health care;
                                             records of the Social Security Administra-                                                                        Whereas, prior to 2010, a diagnosis of
                                                                                                      passed.
                                             tion, including social security number                                                                          COVID–19 likely would have been considered
                                             records.                                                                      S. 4116
                                                                                                                                                             a pre-existing medical condition;
                                               (4) A process for employing statistical                  Be it enacted by the Senate and House of Rep-
                                                                                                                                                               Whereas, in 2010, Congress passed and
                                             analysis of the death data maintained and                resentatives of the United States of America in
                                                                                                                                                             President Barack Obama signed the Patient
                                             distributed by the Social Security Adminis-              Congress assembled,
                                                                                                                                                             Protection and Affordable Care Act (Public
                                             tration to determine an estimate of the num-             SECTION 1. EXTENDING AUTHORITY FOR COM-
                                                                                                                 MITMENTS FOR THE PAYCHECK
                                                                                                                                                             Law 111–148; 124 Stat. 119) (referred to in this
                                             ber of erroneous records.                                                                                       preamble as the ‘‘ACA’’);
                                                                                                                 PROTECTION PROGRAM AND SEPA-
                                               (5) Recommendations for legislation, as                                                                         Whereas, prior to the enactment of the
                                                                                                                 RATING AMOUNTS AUTHORIZED FOR
                                             necessary.                                                          OTHER 7(A) LOANS.                           ACA, more than 133,000,000 nonelderly people
                                             SEC. 5. REPORT ON INFORMATION SECURITY.                    Section 1102(b) of title I of division A of the      in the United States with a pre-existing med-
                                               Not later than 90 days after the date of the           Coronavirus Aid, Relief, and Economic Secu-            ical condition were consistently charged
                                             enactment of this Act, the Commissioner of               rity Act (Public Law 116–136) is amended to            unaffordable premiums for health insurance
                                             Social Security shall submit a report to the             read as follows:                                       coverage, were subject to exorbitant out-of-
                                             Committees on Ways and Means, Oversight                    ‘‘(b) COMMITMENTS FOR PPP AND OTHER 7(A)             pocket costs for care, faced annual and life-




dlhill on DSK120RN23PROD with SENATE
                                             and Reform, and Homeland Security of the                 LOANS.—                                                time limits on coverage, or were denied
                                             House of Representatives, and the Commit-                  ‘‘(1) PPP LOANS.—During the period begin-            health care coverage altogether;
                                             tees on Finance and Homeland Security and                ning on February 15, 2020 and ending on Au-              Whereas, prior to the enactment of the
                                             Governmental Affairs of the Senate that—                 gust 8, 2020, the amount authorized for com-           ACA, millions of seniors with Medicare cov-
                                               (1) identifies all information systems of              mitments under paragraph (36) of section 7(a)          erage encountered steep out-of-pocket pre-
                                             the Social Security Administration con-                  of the Small Business Act (15 U.S.C. 636(a))           scription drug costs once those seniors hit a
                                             taining sensitive information; and                       shall be $659,000,000,000.                             threshold known as the Medicare ‘‘donut




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