[Congressional Record Volume 171, Number 154 (Friday, September 19, 2025)]
[Senate]
[Pages S6797-S6798]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3912. Mr. THUNE (for Mr. Kennedy (for himself, Mr. Peters, and Mr. 
Wyden)) proposed an amendment to the bill S. 269, to improve 
coordination between Federal and State agencies and the Do Not Pay 
working system; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Ending Improper Payments to 
     Deceased People Act''.

     SEC. 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,

[[Page S6798]]

     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.

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