United States 119th Congress ✓ Enacted · P.L. 119-77 Bipartisan · 3 R · 3 D cosponsors

S 269 — Ending Improper Payments to Deceased People Act

Last action — Became Public Law No: 119-77.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 28, 2025. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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Prognosis

Likely to advance 78% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    1 primary, 5 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (3 R · 3 D) — cross-party backing.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Ending Improper Payments to Deceased People ActThis 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.

Bill Text

What changed in the latest version

46 added · 43 removed

Plain-language change summary

The amendment adds a provision that requires the Commissioner of Social Security and the agency operating the Do Not Pay working system to enter into an agreement regarding the proportional share of State death data costs. Additionally, it specifies that the Commissioner may not record a death for any individual without convincing evidence that the individual should be presumed deceased. This change is significant as it establishes a formal agreement on cost-sharing for death data and sets criteria for recording deaths, which could enhance the accuracy of the Do Not Pay working system.

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[Congressional Bills 119th Congress] [From the U.S.
[119th Congress Public Law 77] [From the U.S.
Government Publishing Office] [S.
Government Publishing Office] [[Page 140 STAT.
269 Engrossed in Senate (ES)] <DOC> 119th CONGRESS 1st Session S.
745]] Public Law 119-77 119th Congress An Act To improve coordination between Federal and State agencies and the Do Not Pay working system.
269 _______________________________________________________________________ AN ACT To improve coordination between Federal and State agencies and the Do Not Pay working system.
<<NOTE:
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.
Feb.
SHORT TITLE.
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.
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.
<<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.
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 ``;
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 ``;
``(C) notify any agency that has a cooperative arrangement with the Commissioner of Social Security under paragraph (3) or (11) of the error.''.
``(C) <<NOTE:
(c) Effective Date.--The amendments made by this section shall take effect on December 27, 2026.
Notification.>> notify any agency that has a cooperative arrangement with the Commissioner of Social Security under paragraph (3) or (11) of the error.''.
Passed the Senate September 19 (legislative day, September 16), 2025.
(c) <<NOTE:
Attest:
42 USC 405 note.>> Effective Date.--The amendments made by this section shall take effect on December 27, 2026.
Secretary.
Approved February 10, 2026.
119th CONGRESS 1st Session S.
LEGISLATIVE HISTORY--S.
269 _______________________________________________________________________ AN ACT To improve coordination between Federal and State agencies and the Do Not Pay working system.
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.
<all>
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How this bill changes current law

5 changes Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill amends the Social Security Act to enhance coordination between Federal and State agencies and the Do Not Pay working system by updating procedures related to reporting and handling deceased individuals.

  • 42 U.S.C. 405(r)

    ``(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. `` → ``(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. ``

    This change provides clearer guidelines on sharing information with the Do Not Pay working system to prevent improper payments.

  • 42 U.S.C. 405(r)

    ``and'' → ``; and``

    This modification allows for an additional subparagraph to follow, expanding the requirements related to error notification.

  • 42 U.S.C. 405(r)

    The period at the end of subparagraph (B) → ``; and``

    This change sets up the structure for adding a new requirement under the existing provisions.

  • 42 U.S.C. 405(r)

    ``(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.``

    This new requirement mandates notification to cooperating agencies of any identified errors regarding deceased individuals.

  • ``Effective Date.--The amendments made by this section shall take effect on December 27, 2026.``

    This establishes the effective date of the new provisions implemented by the bill.

Action History

  1. Introduced in Senate

  2. Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

  3. Committee on Homeland Security and Governmental Affairs. Ordered to be reported without amendment favorably.

  4. Senate Committee on Homeland Security and Governmental Affairs discharged by Unanimous Consent.

  5. Senate Committee on Homeland Security and Governmental Affairs discharged by Unanimous Consent. (consideration: CR S6798)

  6. Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.

  7. Passed Senate with an amendment by Unanimous Consent. (text of amendment in the nature of a substitute: CR S6798)

  8. Message on Senate action sent to the House.

  9. Received in the House.

  10. Held at the desk.

  11. Mr. Smith (MO) moved to suspend the rules and pass the bill.

  12. Considered under suspension of the rules. (consideration: CR H634-637)

  13. DEBATE - The House proceeded with forty minutes of debate on S. 269.

  14. Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H634)

  15. On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H634)

  16. Motion to reconsider laid on the table Agreed to without objection.

  17. Presented to President.

  18. Presented to President.

  19. Signed by President.

  20. Signed by President.

  21. Became Public Law No: 119-77.

  22. Became Public Law No: 119-77.

Sponsors

Sponsorship breakdown

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1 sponsors · 5 co-sponsors · 541 not signed on

Sponsors (1)

Co-sponsors (5)

Not signed on (541)

541 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

What does S 269 do?
Ending Improper Payments to Deceased People ActThis 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.
Who sponsors S 269?
S 269 is sponsored by Kennedy, John (Republican), Peters, Gary C. (Democratic), Warner, Mark R. (Democratic), Ernst, Joni (Republican), Hassan, Margaret Wood (Democratic), and Moody, Ashley (Republican).
What is the current status of S 269?
This bill has been enacted into law. Introduced January 28, 2025. Enacted.
Where can I track S 269?
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