Technical corrections only. The diff reflects the bill's enactment into Public Law 119-77, adding publication notes, the approval date, and legislative history. No substantive policy changes were made between v3 and v4.
Ending Improper Payments to Deceased People Act
- Sponsor
- Sen. Kennedy, John [R-LA]
- Committees
- Homeland Security and Governmental Affairs Committee (primary)
- Last action
- Feb 10, 2026
Bottom line
The bill strengthens government efforts to prevent improper payments to deceased individuals by improving data sharing and accuracy standards, with a delayed implementation.
What it actually does
This Act amends the Social Security Act to enhance data sharing between the Social Security Administration (SSA) and the 'Do Not Pay' working system, aiming to prevent and recover improper payments made to deceased individuals. It also establishes a higher standard of 'clear and convincing evidence' for the SSA to record a death and requires notification to partner agencies if an individual is incorrectly identified as deceased. The changes are set to take effect on December 27, 2026.
Proponents argue
Supporters argue that this bill is a crucial step towards improving government efficiency and accountability by preventing waste, fraud, and abuse of taxpayer funds. They contend that enhancing data coordination and ensuring the accuracy of death records will save money and protect the integrity of federal programs, while also safeguarding living individuals from the severe hardship of being mistakenly declared deceased.
Opponents contend
While there is no organized opposition to the core goals of preventing improper payments or ensuring data accuracy, some might express concerns that the 'clear and convincing evidence' standard could, in rare instances, slightly delay the recording of legitimate deaths, potentially prolonging some improper payments. Others might question the administrative burden and cost implications for agencies in implementing the new data sharing and evidence standards, especially with the delayed effective date.
The bill is very short and clear, making it easily accessible for a quick and informed evaluation by any reader.
Section 2(a)
Enhanced Data Sharing with Do Not Pay System
This provision mandates that the Social Security Administration (SSA) share death information it receives with the 'Do Not Pay' working system. The 'Do Not Pay' system is a government-wide initiative designed to prevent improper payments by cross-referencing various federal and state databases. The aim is to help federal agencies identify and stop payments to deceased individuals and recover any funds improperly disbursed. The SSA and the Do Not Pay system must also agree on how to share the costs of obtaining this state death data.
Supporters argue
Supporters argue that this enhanced data sharing is essential for modernizing government operations and combating fraud. By providing the 'Do Not Pay' system with critical death data, the government can more effectively prevent billions of dollars in improper payments, ensuring that taxpayer money is spent appropriately and efficiently.
Critics contend
No specific opposition is typically raised against this provision, as it is widely seen as a common-sense measure to improve government efficiency and reduce fraud. Any potential concerns would likely revolve around the technical implementation or data security, rather than the principle itself.
Tradeoffs
This provision balances the need for robust data sharing to prevent fraud with the administrative complexities and potential costs of maintaining secure and accurate inter-agency data flows.
Section 2(a)
Standard of Evidence for Recording Deaths
This provision establishes a new, higher legal standard for the Social Security Administration (SSA) when it records a death. The SSA must now have 'clear and convincing evidence' to support that an individual is deceased before updating their records. This change is intended to prevent instances where living individuals are mistakenly identified as dead, which can lead to significant financial and personal hardship, such as the cessation of benefits or issues with identity.
Section 2(b)
Error Notification for Incorrectly Identified Deceased Individuals
This amendment requires the Social Security Administration (SSA) to notify any agency with which it has a data-sharing agreement (including the 'Do Not Pay' system) if an individual was mistakenly identified as deceased. This ensures that if the SSA corrects an error where a living person was marked as dead, all relevant partner agencies are promptly informed. This helps prevent further improper actions or denials of services to the affected individual across different government programs.
Section 2(c)
Delayed Effective Date
The amendments made by this Act, including the enhanced data sharing, the 'clear and convincing evidence' standard, and the error notification requirements, will not take effect immediately. Instead, they are scheduled to become effective on December 27, 2026. This delay provides federal agencies, particularly the Social Security Administration and the agency operating the 'Do Not Pay' system, with sufficient time to implement the necessary technical upgrades, procedural changes, and staff training required to comply with the new mandates.
Requires the Commissioner of Social Security to have 'clear and convincing evidence' before recording a death for any individual.
Section 2(a), new paragraph (12) of 42 U.S.C. 405(r)
Why it matters:This is standard legislative drafting for amending existing law. The legal standard itself is precise and necessary for clarity within the statute.
Case for: Supporters argue this is crucial for protecting living individuals from the severe consequences of being mistakenly declared deceased, ensuring a high bar for such a critical record change that can impact benefits, identity, and financial access.
Case against: Critics might argue that setting such a high bar could, in rare instances, delay the accurate recording of actual deaths, potentially prolonging improper payments in those specific cases where evidence is strong but not yet 'clear and convincing'.
Estimated impact: This provision is expected to significantly reduce instances of erroneous death declarations, thereby improving the accuracy of government data and protecting individuals from severe administrative errors.
Requires the Commissioner of Social Security and the agency operating the Do Not Pay working system to enter into an agreement covering the proportional share of State death data costs.
Section 2(a), new paragraph (11) of 42 U.S.C. 405(r)
Why it matters:This is standard legislative practice for addressing the administrative and financial logistics of inter-agency cooperation, often placed within the operational details of a program.
Case for: Supporters argue this ensures equitable distribution of costs associated with acquiring essential state death data, promoting inter-agency cooperation and fiscal responsibility in combating improper payments.
Case against: No direct opposition, but some might argue about the specific methodology for determining 'proportional share' if it were to disproportionately burden one agency or create complex accounting challenges.
Estimated impact: Establishes a framework for funding the acquisition of critical data, ensuring the sustainability and effectiveness of the Do Not Pay system's fraud prevention efforts by clarifying financial responsibilities.