Ending Improper Payments to Deceased People Act

Congress Enacted Laws (119th Congress)

Published February 10th, 2026

Detected February 26th, 2026

Summary

Congress has enacted the Ending Improper Payments to Deceased People Act, Public Law 119-77, effective February 10, 2026. The Act amends the Social Security Act to improve coordination between federal and state agencies and the Do Not Pay working system to prevent improper payments to deceased individuals.

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What changed

Public Law 119-77, the Ending Improper Payments to Deceased People Act, amends Section 205(r) of the Social Security Act to enhance the coordination between the Social Security Administration (SSA) and the Do Not Pay working system. The Commissioner of Social Security is now required, to the extent feasible, to provide information to the Do Not Pay system to prevent and recover improper payments. This includes entering into agreements for data sharing and establishing a methodology for proportional cost sharing of state death data. Additionally, the SSA Commissioner may only record a death if there is clear and convincing evidence.

This new law mandates improved data sharing and verification processes to combat improper payments. Federal agencies, particularly the SSA, must implement these changes to ensure accurate identification of deceased individuals and prevent erroneous benefit disbursements. Compliance with these updated coordination and evidence requirements is expected by the effective date of February 10, 2026. Failure to comply could lead to continued improper payments and potential scrutiny.

What to do next

Review updated Social Security Act Section 205(r) provisions regarding data sharing with the Do Not Pay system.
Ensure internal processes align with new requirements for providing information to the Do Not Pay system.
Verify that clear and convincing evidence standards are met before recording a death record.

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S.269 - Ending Improper Payments to Deceased People Act 119th Congress (2025-2026) |

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Text: S.269 — 119th Congress (2025-2026) All Information (Except Text)

Listen There are 4 versions: Public Law (02/10/2026) Enrolled Bill Engrossed in Senate (09/19/2025) Introduced in Senate (01/28/2025)

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Statute at Large 140 Stat. 745 - Public Law No. 119-77 (02/10/2026)

PUBLIC LAW 119–77—FEB. 10, 2026 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. Feb. 10, 2026

[S. 269 ]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Ending Improper Payments to Deceased People Act.

SECTION 1. 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. 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 140 STAT. 746 subparagraph (B) and inserting “; and ”, and by adding at the end the following new subparagraph: “(C) Notification.

notify any agency that has a cooperative arrangement with the Commissioner of Social Security under paragraph (3) or (11) of the error.”. (c) 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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