ACCESS TO DEATH INFORMATION FURNISHED TO OR MAINTAINED BY THE SOCIAL SECURITY ADMINISTRATION.

SEC. 801. ACCESS TO DEATH INFORMATION FURNISHED TO OR MAINTAINED BY THE SOCIAL SECURITY ADMINISTRATION. (a) In General.—Section 205(r) of the Social Security Act (42 U.S.C. 405(r)) is amended— (1) in paragraph (2)— (A) by striking “Each State” and inserting “(A) Each State”; (B) by striking “may” and inserting “shall”; (C) by striking “from amounts available for administration of this Act the reasonable costs (established by the Commissioner of Social Security in consultations with the States) for transcribing and transmitting such information to the Commissioner of Social Security.” and inserting“for the following: “(i) A fee, to be established pursuant to subparagraph (B), for the use of such information by— “(I) the Commissioner; and “(II) any other agency that receives such information from the Commissioner and is subject to the requirements of subparagraph (3)(A). “(ii) The full documented cost to the State of transmitting such information to the Commissioner, including the costs of maintaining, enhancing, and operating any electronic system used solely for transmitting such information to the Commissioner. “(B) The fee for the use of such information shall be established by the Commissioner of Social Security in consultations with the States, and shall include— “(i) a share of the costs to the State associated with collecting and maintaining such information; ensuring the completeness, timeliness, and accuracy of such information; and maintaining, enhancing, and operating the electronic systems that allow for the transmission of such information; and “(ii) a fee for the right to use such information. “(C) The Commissioner of Social Security shall not use amounts provided for a fiscal year in an appropriation Act under the heading ‘Limitation on Administrative Expenses’ for the Social Security Administration for the amounts under paragraph (3)(A), except as the Commissioner determines is necessary on a temporary basis and subject to reimbursement under such paragraph.” ; (2) in paragraph (3)(A), by striking “for the reasonable cost of carrying out such arrangement, and” and inserting“for— “(i) the agency’s proportional share (as determined by the Commissioner in consultation with the head of the agency) of— “(I) the payments to States required under paragraph (2)(A); “(II) the costs to the Commissioner of developing the contracts described in paragraph (1); and “(III) the costs to the Commissioner of carrying out the study required under section 802 of division FF of the Consolidated Appropriations Act, 2021; and “(ii) the full documented cost to the Commissioner of developing such arrangement and transmitting such information to the agency; and” ; (3) in paragraph (5)— (A) by striking “such records as may be corrected under this section” and inserting “all information regarding deceased individuals furnished to or maintained by the Commissioner under this subsection”; and (B) by striking “by Federal and State agencies” and inserting “by a Federal or State agency, provided that the requirements of subparagraphs (A) and (B) of paragraph (3) are met”; (4) by redesignating paragraphs (7) through (9) as paragraphs (8) through (10), respectively, and inserting after paragraph (6) the following new paragraph: “(7) In the event an individual is incorrectly identified as deceased in the records furnished by a State to the Commissioner of Social Security under this subsection and the individual provides the Commissioner with the necessary documentation to correct such identification, the Commissioner may— “(A) notify the State of the error in the records so furnished; and “(B) inform the individual of the source of the incorrect death data.” ; (5) in paragraph (9)(F), as so redesignated, by striking “the Commission” and inserting “the Commissioner”; (6) in paragraph (10), as so redesignated— (A) by adjusting the left margin so as to align with the left margin of paragraph (9); and (B) in subparagraph (A)(i), by inserting “, provided that the requirements of subparagraphs (A) and (B) of paragraph (3) are met with respect to such agreement” before the semicolon; and (7) by adding at the end the following new paragraph: “(11) During the 3-year period that begins on the effective date of this paragraph, the Commissioner of Social Security shall, to the extent feasible, provide information furnished to the Commissioner under paragraph (1) to the agency operating the Do Not Pay working system described in section 3354(c) of title 31, United States Code, to prevent improper payments to deceased individuals through a cooperative arrangement with such agency, provided that the requirements of subparagraphs (A) and (B) of paragraph (3) are met with respect to such arrangement with such agency.” . (b) [42 U.S.C. 405 note] Effective Dates.— (1) In general.—Subject to paragraph (2), the amendments made by this section shall take effect on the date of enactment of this Act. (2) Delay.—The amendment made by paragraph (7) of subsection (a) shall take effect on the date that is 3 years after the date of enactment of this Act.