Sec. 2. Distribution of death information furnished to or maintained by the social security administration
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Section 205(r) of the Social Security Act ( 42 U.S.C. 405(r) ) is amended— in paragraph (2)— by striking may and inserting shall ; and by inserting , and to ensure the completeness, timeliness, and accuracy of, after transmitting ; by striking paragraphs (3), (4), and
(5)and inserting the following: The Commissioner of Social Security shall, to the extent feasible, provide for the use of information regarding all deceased individuals furnished to or maintained by the Commissioner under this subsection in accordance with subparagraph (B), subject to such safeguards as the Commissioner of Social Security determines are necessary or appropriate to protect the information from unauthorized use or disclosure, by any Federal or State agency providing federally funded benefits or administering a Federal program for such benefits, including the agency operating the Do Not Pay working system for ensuring proper payment of those benefits, through a cooperative arrangement with the agency (that includes the agency's Inspector General) or with an agency's Inspector General, if— under such arrangement the agency (including, if applicable, the agency's Inspector General) provides reimbursement to the Commissioner of Social Security for the reasonable cost of carrying out such arrangement, including the reasonable costs associated with the collection and maintenance of information regarding deceased individuals furnished to the Commissioner pursuant to paragraph (1); and such arrangement does not conflict with the duties of the Commissioner of Social Security under paragraph (1). The Commissioner of Social Security shall, to the extent feasible, provide for the use of information regarding all deceased individuals furnished to or maintained by the Commissioner under this subsection, through a cooperative arrangement in order for a Federal agency to carry out any of the following purposes, if the requirements of clauses
(i)and
(ii)of subparagraph
(A)are met: Operating the Do Not Pay working system established by section 5 of the Improper Payments Elimination and Recovery Improvement Act of 2012. Under such arrangement, the agency operating the working system may compare death information disclosed by the Commissioner with personally identifiable information reviewed through the working system, and may redisclose such comparison of information, as appropriate, to any Federal or State agency authorized to use the working system. To ensure proper payments under a Federal program or the proper payment of federally funded benefits, including for purposes of payment certification, payment disbursement, and the prevention, identification, or recoupment of improper payments. To carry out tax administration or debt collection duties of the agency. For use by any policing agency of the Federal Government with the principle function of prevention, detection, or investigation of crime or the apprehension of alleged offenders. With respect to the reimbursement to the Commissioner of Social Security for the reasonable cost of carrying out a cooperative arrangement described in subparagraph
(A)between the Commissioner of Social Security and an agency, the Commissioner shall— establish a defined calculation method for purposes of calculating the reasonable cost of carrying out the arrangement that does not take into account any services, information, or unrelated payments provided by the agency to the Commissioner; and reimbursement payments shall be accounted for and recorded separately from other transactions. The Commissioner of Social Security may enter into similar arrangements with States to provide information regarding all deceased individuals furnished to or maintained by the Commissioner under this subsection, for any of the purposes specified in paragraph (3)(B), for use by States in programs wholly funded by the States, or for use in the administration of a benefit pension plan or retirement system for employees of a State or a political subdivision thereof, if the requirements of clauses
(i)and
(ii)of paragraph (3)(A) are met. For purposes of this paragraph, the terms retirement system and political subdivision have the meanings given such terms in section 218(b). The Commissioner of Social Security may use or provide for the use of information regarding all deceased individuals furnished to or maintained by the Commissioner under this subsection, subject to such safeguards as the Commissioner of Social Security determines are necessary or appropriate to protect the information from unauthorized use or disclosure, for statistical purposes and research activities by Federal and State agencies if the requirements of clauses
(i)and
(ii)of paragraph (3)(A) are met. For purposes of this paragraph, the term statistical purposes has the meaning given that term in section 502 of the Confidential Information Protection and Statistical Efficiency Act of 2002. ; and in paragraph (8)(A)(i), by striking subparagraphs
(A)and
(B)of paragraph
(3)and inserting clauses
(i)and
(ii)of paragraph (3)(A) . Effective on the date that is 5 years after the date of enactment of this Act, the amendments made by this subsection to paragraphs (3), (4), (5), and
(8)of section 205(r) of the Social Security Act ( 42 U.S.C. 405(r) ) are repealed, and the provisions of section 205(r) of the Social Security Act ( 42 U.S.C. 605(r) ) so amended are restored and revived as if such amendments had not been enacted. Section 6103(d)(4) of the Internal Revenue Code of 1986 is amended— in subparagraphs
(A)and (B), by striking Secretary of Health and Human Services each place it appears and inserting Commissioner of Social Security ; and in subparagraph (B)(ii), by striking such Secretary and all that follows through deceased individuals. and inserting such Commissioner pursuant to such contract, except that such contract may provide that such information is only to be used by the Social Security Administration (or any other Federal agency) for purposes authorized in the Social Security Act or this title. . The Director of the Office of Management and Budget shall conduct a review of potential alternative sources of death data maintained by the non-Federal sources, including sources maintained by State agencies or associations of State agencies, for use by Federal agencies and programs. The review shall include analyses of— the accuracy and completeness of such data; interoperability of such data; the extent to which there is efficient accessibility of such data by Federal agencies; the cost to Federal agencies of accessing and maintaining such data; the security of such data; the reliability of such data; and a comparison of the potential alternate sources of death data to the death data distributed by the Commissioner of Social Security. Not later than 4 years after the date of enactment of this Act, the Director of the Office of Management and Budget shall submit a report to Congress on the results of the review and analyses required under paragraph (1). The report shall include a recommendation by the Director of the Office of Management and Budget regarding whether to extend the agency access to death data distributed by the Commissioner of Social Security provided under the amendments made by subsection (a)(1) beyond the date on which such amendments are to be repealed under subsection (a)(2).
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Sec. 2
Distribution of death information furnished to or maintained by the social security administration
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