PolicyBrief
H.R. 2716
119th CongressDec 10th 2025
Ending Improper Payments to Deceased People Act
AWAITING HOUSE

This bill mandates improved data sharing between the Social Security Administration and the federal Do Not Pay system to prevent and recover improper payments made to deceased individuals.

Clay Higgins
R

Clay Higgins

Representative

LA-3

LEGISLATION

SSA Must Share Death Data with 'Do Not Pay' System by 2026 to Stop Improper Payments

The “Ending Improper Payments to Deceased People Act” is exactly what it sounds like: a bill designed to stop federal benefits from going to people who have already passed away. This isn't about cutting benefits; it's about making sure the government stops sending checks to the wrong address—or, rather, to the wrong person.

The Data Handshake: SSA Meets Do Not Pay

Right now, the Social Security Administration (SSA) is the main keeper of death records. This bill mandates that the Commissioner of Social Security share this death information with the federal Do Not Pay working system (Section 2). The Do Not Pay system is essentially a central hub used by federal agencies to verify eligibility before issuing payments. The idea is simple: if the SSA knows someone is deceased, that data needs to be available instantly across the government so that, say, the Department of Veterans Affairs or another agency doesn't accidentally issue a payment. This data sharing is required to happen "to the extent feasible," which is a small but important caveat that gives the SSA some wiggle room on implementation.

The 'Clear and Convincing' Standard for Death

One of the most relatable parts of this bill addresses a major pain point: being declared dead when you’re not. To protect living people from bureaucratic nightmares, the bill sets a high bar for recording a death for data-sharing purposes. The SSA must have “clear and convincing evidence to support that the individual should be presumed deceased” before sharing that record (Section 2). This is a good thing for anyone who has ever had to deal with the headache of an administrative error. If the SSA later corrects an error—meaning they realize someone was incorrectly flagged as deceased—they are required to immediately notify any agency that received the incorrect data. This prevents a domino effect of agencies prematurely cutting off payments to a living person.

Who Pays for the Data? And When?

Sharing this accurate, timely death data often involves coordinating with state vital records offices, which isn't free. The bill requires the SSA and the Do Not Pay agency to enter into an agreement covering the proportional costs of using state death data. They need to figure out an "agreed-upon methodology" for cost sharing and review it periodically (Section 2). This might sound like bureaucratic boilerplate, but it's crucial: if the agencies can’t agree on who pays for what, the whole data-sharing system could stall. For busy people, this means the difference between the system working smoothly and administrative squabbles delaying efficiency.

Real-World Impact and Timeline

For taxpayers, the benefit is clear: fewer improper payments means less wasted money. For the average person, the high evidentiary standard for declaring someone deceased provides a layer of protection against administrative error, which can be devastating when it comes to accessing necessary benefits. The catch is the timeline: these amendments don't actually take effect until December 27, 2026. So, while the policy is a step toward better government efficiency, we'll be waiting a few years before this system is fully operational.