Ending Improper Payments to Deceased People Act
- Bill Number
- H.R. 2716
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Social Welfare
- Status
- Introduced
- Latest Action
- 2026-01-07: Placed on the Union Calendar, Calendar No. 371.
- Last Updated
- 2026-06-11T05:06:24Z
AI-Generated Summary
Purpose of the Legislation
The "Ending Improper Payments to Deceased People Act" (H.R. 2716) aims to reduce improper government payments to deceased individuals by enhancing data sharing and coordination between the Social Security Administration (SSA), state agencies, and the federal "Do Not Pay" system—a tool designed to verify eligibility and prevent fraudulent or erroneous payments before they are issued.
Key Provisions
- Data Sharing with Do Not Pay System: The SSA Commissioner must provide death information collected from states to the agency operating the Do Not Pay system, but only for authorized purposes like preventing or recovering improper payments. This requires a cooperative agreement that meets privacy and security standards, and includes a cost-sharing arrangement for state-provided death data, which can be reviewed periodically.
- Evidence Requirement for Recording Deaths: The SSA cannot mark an individual's record as deceased (for sharing purposes) unless there is "clear and convincing evidence" (a high standard of proof, similar to strong factual support beyond reasonable doubt) that the person has died.
- Error Notification Process: If someone is wrongly identified as deceased in SSA records, the SSA must notify not only the affected individual and their representative but also any federal or state agencies that have data-sharing agreements with the SSA.
Significant Changes to Existing Law
- Amends Section 205(r) of the Social Security Act (which governs SSA's handling and sharing of personal records, including death data):
- Replaces an existing paragraph on data sharing to explicitly include the Do Not Pay system and add cost-sharing for state data.
- Adds a new paragraph requiring clear evidence before presuming death in shared records.
- Expands an existing error-correction provision to require notifications to partner agencies, building on prior updates from the 2021 Consolidated Appropriations Act.
- These changes take effect on December 27, 2026, allowing time for system updates and agreements.
Potential Impacts
- On Government Agencies: Improves efficiency in preventing billions in improper payments annually (e.g., Social Security benefits or other federal aid mistakenly sent to deceased people), potentially saving taxpayer money. It may increase administrative costs initially for data-sharing agreements and error notifications but fosters better inter-agency collaboration.
- On Citizens: Reduces the risk of living individuals being incorrectly flagged as deceased, which could disrupt benefits or services; however, it ensures quicker recovery of funds paid in error to deceased estates. Privacy protections remain in place to safeguard personal data.
- On International Relations: No direct impact, as the bill focuses on domestic U.S. federal-state coordination.
Main Stakeholders Affected
- Federal Agencies: SSA (primary data holder), the Treasury Department's Bureau of the Fiscal Service (operator of the Do Not Pay system), and other agencies issuing payments like Medicare or veterans' benefits.
- State Agencies: Vital records offices that provide death data to the SSA, who may incur shared costs but benefit from reduced federal payment errors.
- Citizens and Beneficiaries: Individuals receiving federal benefits (e.g., Social Security recipients or their families), who could face disruptions from errors but gain from more accurate systems; also affects estates of deceased persons through payment recovery.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens compliance with existing laws on improper payments (e.g., the Improper Payments Elimination and Recovery Act) by mandating evidence standards and notifications, reducing litigation risks from wrongful benefit denials. It upholds privacy requirements under laws like the Privacy Act of 1974 through required safeguards in data-sharing agreements.
- Constitutional: Aligns with the federal government's spending power (Article I, Section 8) by promoting fiscal responsibility without infringing on individual rights, as error-correction processes protect due process for affected persons.
- Political: Bipartisan support (introduced by Rep. Higgins with co-sponsors from both parties) reflects a focus on government efficiency and waste reduction, potentially appealing in budget debates, but could spark discussions on data privacy and state-federal cost burdens. No major controversies noted in the bill text.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (2)
Rep. Meuser, Daniel [R-PA-9], Rep. Miller-Meeks, Mariannette [R-IA-1]
Recent Actions
- 2026-01-07: Placed on the Union Calendar, Calendar No. 371.
- 2026-01-07: Reported (Amended) by the Committee on Ways and Means. H. Rept. 119-426.
- 2026-01-07: Reported (Amended) by the Committee on Ways and Means. H. Rept. 119-426.
- 2025-12-10: Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 40 - 0.
- 2025-12-10: Committee Consideration and Mark-up Session Held
- 2025-04-08: Referred to the House Committee on Ways and Means.
- 2025-04-08: Introduced in House
- 2025-04-08: Introduced in House
Bill Versions
- Ending Improper Payments to Deceased People Act — issued 2025-04-08 — PDF (2 pages)
- Ending Improper Payments to Deceased People Act — issued 2026-01-07 — PDF (6 pages)