Public Law

[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. > SHORT TITLE.

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

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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