S. 269

S269 ENR: Ending Improper Payments to Deceased People Act
 U.S. Senate
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 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
     One Hundred Nineteenth Congress of the United States of America
     2d Session
     Begun and held at the City of Washington on Saturday, the third day of January, two thousand and twenty six
     S. 269
     IN THE SENATE OF THE UNITED STATES
     AN ACT
To improve coordination between Federal and State agencies and the Do Not Pay working system.
1.
Short title
This Act may be cited as the   Ending Improper Payments to Deceased People Act  .
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. 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 subparagraph (B) and inserting  ; and , and by adding at the end the following new subparagraph:
(C)
notify any agency that has a cooperative arrangement with the Commissioner of Social Security under paragraph (3) or (11) of the error.
  .
(c)
Effective date
The amendments made by this section shall take effect on December 27, 2026.
  Speaker of the House of Representatives  Vice President of the United States and President of the Senate