To improve coordination between Federal and State agencies and the Do Not Pay working system.

SA 3702. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill S. 2296, to authorize appropriations for fiscal year
2026 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title X, add the following:

SEC. ____. 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.
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