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AI Summary This summary was generated by AI from the bill text. AI can get information wrong.
This law is meant to help the federal government and state agencies work together better to stop improper payments, especially when payments are made after someone has died. It lets the Social Security Administration share certain death information with the government’s Do Not Pay system when that sharing is allowed and useful for preventing or recovering wrong payments. The law also adds a stronger safeguard so Social Security cannot mark someone as deceased unless there is clear and convincing evidence. If Social Security or another agency makes a mistake and lists someone as dead when they are not, the law requires notice to agencies that may be affected. These changes are designed to reduce fraud, cut down on payment errors, and protect people who are incorrectly treated as deceased.
- The Social Security Administration may share death information with the Do Not Pay working system to help stop improper payments and recover money that was paid out wrongly.
- Before sharing data under this arrangement, Social Security and the Do Not Pay system must agree on how the costs of state death data will be divided.
- Social Security is not allowed to record a death unless it has clear and convincing evidence that the person should be presumed dead.
- If a death record error is found, Social Security must notify agencies that have a working agreement with it so the mistake can be corrected.
Official Summaries
Ending Improper Payments to Deceased People Act
This bill permanently allows the Department of the Treasury to access certain death records maintained by the Social Security Administration (SSA) in order to facilitate the identification and prevention of improper payments (e.g., payments to deceased individuals).
Current law requires the SSA to share its Death Master File with the Do Not Pay system maintained by Treasury for three years. The bill makes this requirement permanent.
Ending Improper Payments to Deceased People Act
This act permanently allows the Department of the Treasury to access certain death records maintained by the Social Security Administration (SSA) to help prevent and recover improper payments (e.g., payments to deceased individuals). The act also establishes evidentiary requirements the SSA must meet before identifying an individual as deceased.
Current law requires the SSA to share its Death Master File with the Do Not Pay system maintained by Treasury for three years. The act makes this requirement permanent. Treasury must enter into an agreement with the SSA related to Treasury's share of the cost of state death data.
The act also prohibits the SSA from recording a death in the master file unless the SSA has clear and convincing evidence that the individual should be presumed deceased. If an individual is incorrectly identified as deceased and provides the SSA with supporting documentation, the SSA may notify certain agencies that have access to the master file, including Treasury and federal or state agencies that provide or disburse federally funded benefits.
Current Full Text
[119th Congress Public Law 77]
[From the U.S. Government Publishing Office]
[[Page 140 STAT. 745]]
Public Law 119-77
119th Congress
An Act
To improve coordination between Federal and State agencies and the Do
Not Pay working system. <<NOTE: Feb. 10, 2026 - [S. 269]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Ending Improper
Payments to Deceased People Act.>>
SECTION 1. <<NOTE: 42 USC 1305 note.>> 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, 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. <<NOTE: Contracts.>> 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
[[Page 140 STAT. 746]]
subparagraph (B) and inserting ``; and'', and by adding at the end the
following new subparagraph:
``(C) <<NOTE: Notification.>> notify any agency that has a
cooperative arrangement with the Commissioner of Social Security
under paragraph (3) or (11) of the error.''.
(c) <<NOTE: 42 USC 405 note.>> Effective Date.--The amendments made
by this section shall take effect on December 27, 2026.
Approved February 10, 2026.
LEGISLATIVE HISTORY--S. 269 (H.R. 2716):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 119-426 (Comm. on Ways and Means) accompanying H.R.
2716.
CONGRESSIONAL RECORD:
Vol. 171 (2025):
Sept. 19, considered and passed
Senate.
Vol. 172 (2026):
Jan. 12, considered and passed
House.
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