Ending Improper Payments to Deceased People Act

Bill: 119-s-269
Sponsor: full_name: Sen. Kennedy, John [R-LA]
Introduced: 2025-01-28
Policy area: Social Welfare
Subjects: Disability assistance

Intergovernmental relations

Social security and elderly assistance
Latest action: action_date: 2025-10-10
text: Held at the desk.

Summaries:
action_date: 2025-01-28
action_desc: Introduced in Senate
text: <p><strong>Ending Improper Payments to Deceased People Act</strong></p><p>This bill permanently allows the Department of the Treasury to access certain death records maintained by the Social Security Administration (SSA) in order to facilitate the identification&nbsp;and prevention of improper payments (e.g., payments&nbsp;to deceased individuals).&nbsp;</p><p>Current law requires the SSA to share its Death Master File with the Do Not Pay system maintained by Treasury for three years.&nbsp;The bill makes this requirement permanent.</p>

tv_txt: 119th CONGRESS 1st Session S. 269 IN THE SENATE OF THE UNITED STATES AN ACT To improve coordination between Federal and State agencies and the Do Not Pay working system.

1. Short title This Act may be cited as the Ending Improper Payments to Deceased People Act . 2. Improving coordination between Federal and State agencies and the Do Not Pay working system (a) In general Section 205(r) of the Social Security Act ( 42 U.S.C. 405(r) ), as amended by section 801(a)(7) of title VIII of division FF of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ), is amended by striking paragraph (11) and inserting the following: (11) 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, for the authorized uses of the Do Not Pay working system to help prevent improper payments of, and support the recovery of improperly paid, benefits or other payments 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. The Commissioner of Social Security and the agency operating the Do Not Pay working system shall, while the data described in the preceding sentence is being provided to the agency operating the Do Not Pay working system, enter into an agreement based upon an agreed upon methodology, which covers the proportional share of State death data costs, which the Commissioner of Social Security and the agency operating the Do Not Pay working system may periodically review. (12) The Commissioner of Social Security may not record a death to a record that may be provided under this section for any individual unless the Commissioner of Social Security has found it has clear and convincing evidence to support that the individual should be presumed to be deceased. . (b) Improving coordination regarding individuals incorrectly identified as deceased Section 205(r)(7) of the Social Security Act ( 42 U.S.C. 405(r)(7) ), as added by section 801(a)(4) of title VIII of division FF of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ), is amended by striking and at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ; and , and by adding at the end the following new subparagraph: (C) notify any agency that has a cooperative arrangement with the Commissioner of Social Security under paragraph (3) or (11) of the error. . (c) Effective date The amendments made by this section shall take effect on December 27, 2026.

Passed the Senate September 19 (legislative day, September 16), 2025. Secretary

tv_txt: II 119th CONGRESS 1st Session S. 269 IN THE SENATE OF THE UNITED STATES January 28, 2025 Mr. Kennedy (for himself and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To improve coordination between Federal and State agencies and the Do Not Pay working system.

1. Short title This Act may be cited as the Ending Improper Payments to Deceased People Act . 2. Improving coordination between Federal and State agencies and the Do Not Pay working system (a) In general Section 801(a) of title VIII of division FF of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ) is amended by striking paragraph (7) and inserting the following: (7) by adding at the end the following paragraph: (11) 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, for the authorized uses of the Do Not Pay working system 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) Conforming amendment Section 801(b)(2) of title VIII of division FF of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ) is amended by striking on the date that is 3 years after the date of enactment of this Act and inserting on December 28, 2026 . (c) Effective date The amendments made by this section shall take effect on December 28, 2026.