Ending Improper Payments to Deceased People Act
- Bill Number
- S. 269
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Social Welfare
- Status
- Became Law
- Became Law
- Public Law 119-77
- Latest Action
- 2026-02-10: Became Public Law No: 119-77.
- Last Updated
- 2026-06-25T19:07:46Z
AI-Generated Summary
Purpose
The "Ending Improper Payments to Deceased People Act" (S. 269) aims to enhance coordination between federal agencies, state agencies, and the Do Not Pay working system—a federal tool designed to prevent improper payments by checking against databases like death records. The goal is to reduce erroneous payments to deceased individuals while ensuring accurate handling of death information.
Key Provisions
- Data Sharing with Do Not Pay System: The Commissioner of Social Security must share death information (from states and other sources) with the agency operating the Do Not Pay system, where feasible. This supports preventing improper payments and recovering overpayments through a cooperative agreement. The agreement must meet privacy and security standards (referencing existing safeguards in the Social Security Act) and include a cost-sharing methodology for state death data, which can be reviewed periodically.
- Safeguards for Recording Deaths: The Social Security Administration cannot record a death in its records (for sharing purposes) unless there is "clear and convincing evidence" that the individual is deceased, helping avoid errors.
- Error Notification: If someone is incorrectly marked as deceased, the Social Security Administration must notify not only the affected individual but also any federal agencies with data-sharing agreements, allowing them to correct their records.
- Effective Date: Changes take effect on December 27, 2026.
Significant Changes to Existing Law
This act amends Section 205(r) of the Social Security Act (42 U.S.C. 405(r)), which governs the sharing of Social Security death records:
- Replaces the existing paragraph (11) with expanded requirements for sharing data with the Do Not Pay system, adding cost-sharing agreements and tying it to improper payment prevention.
- Adds a new paragraph (12) introducing the "clear and convincing evidence" standard for recording deaths, which did not previously exist in this context.
- Expands paragraph (7) by adding a requirement to notify partner agencies of errors in death identifications, building on prior amendments from the 2021 Consolidated Appropriations Act.
These updates build on recent laws aimed at curbing improper payments but introduce stronger coordination, evidentiary thresholds, and error-correction mechanisms.
Potential Impacts
- On Government Agencies: Improves efficiency in preventing and recovering improper payments (estimated to cost billions annually across federal programs), potentially saving taxpayer money. The Social Security Administration and the Do Not Pay system operator (likely the Treasury Department) will need to establish and maintain data-sharing agreements, including cost allocations for state data.
- On Citizens: Reduces the risk of benefits or payments being wrongly stopped due to erroneous death records, protecting living individuals from financial harm. It may also speed up recovery of funds paid to deceased estates, benefiting program integrity.
- On International Relations: No direct impacts, as the bill focuses on domestic U.S. agencies and state data.
Main Stakeholders Affected
- Social Security Administration (SSA): Primary entity responsible for sharing death data and ensuring evidence standards.
- Agency Operating the Do Not Pay System (e.g., Bureau of the Fiscal Service in the Treasury Department): Receives and uses the data to flag improper payments across federal programs.
- State Agencies: Provide death records and may share in costs or benefits from reduced federal overpayments.
- Federal Benefit Recipients and Programs: Includes Social Security beneficiaries, Medicare, and other aid programs that rely on accurate death data to avoid payments to deceased individuals.
- Taxpayers: Indirectly affected through potential reductions in government waste.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens data privacy by requiring compliance with existing Social Security Act protections (e.g., limits on data use and security), while mandating "clear and convincing evidence"—a higher standard than typical administrative proof—to prevent wrongful deactivations of benefits. This could lead to fewer lawsuits over erroneous terminations.
- Constitutional: Aligns with due process principles by adding error notifications and evidentiary requirements, reducing risks of arbitrary government actions affecting individuals' rights to benefits.
- Political: Promotes fiscal responsibility and anti-fraud measures, appealing to efforts to curb government waste without new funding. It may encourage further inter-agency collaborations but could face scrutiny over data-sharing costs or state burdens. No major partisan divides are evident in the bill's neutral, technical focus.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (5)
Sen. Peters, Gary C. [D-MI], Sen. Warner, Mark R. [D-VA], Sen. Ernst, Joni [R-IA], Sen. Hassan, Margaret Wood [D-NH], Sen. Moody, Ashley [R-FL]
Recent Actions
- 2026-02-10: Became Public Law No: 119-77.
- 2026-02-10: Became Public Law No: 119-77.
- 2026-02-10: Signed by President.
- 2026-02-10: Signed by President.
- 2026-02-03: Presented to President.
- 2026-02-03: Presented to President.
- 2026-01-12: Motion to reconsider laid on the table Agreed to without objection.
- 2026-01-12: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H634)
- 2026-01-12: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H634)
- 2026-01-12: DEBATE - The House proceeded with forty minutes of debate on S. 269.
- 2026-01-12: Considered under suspension of the rules. (consideration: CR H634-637)
- 2026-01-12: Mr. Smith (MO) moved to suspend the rules and pass the bill.
- 2025-10-10: Held at the desk.
- 2025-10-10: Received in the House.
- 2025-10-08: Message on Senate action sent to the House.
Bill Versions
- Ending Improper Payments to Deceased People Act — issued 2026-01-14 — PDF (2 pages)
- Ending Improper Payments to Deceased People Act — issued 2025-09-19 — PDF (6 pages)
- Ending Improper Payments to Deceased People Act — issued 2025-01-28 — PDF (2 pages)