S 269 United States Senate · 119th Congress

Ending Improper Payments to Deceased People Act

Summary
Ending Improper Payments to Deceased People Act This 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 status signed all 5 stages cleared
Introduction
Jan 2025
Committee Review
Sep 2025
Senate Passage
Sep 2025
House Passage
Jan 2026
Signed into Law
Feb 2026
Introduced Jan 28, 2025 Signed Feb 10, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

Introduced in Senate Engrossed in Senate · 5 edits · Sep 19, 2025
MODERATE
The engrossed version makes several substantive changes: it adds a cost-sharing agreement requirement for State death data used in the Do Not Pay system, creates a new 'clear and convincing evidence' standard before recording a death in Social Security records, and requires the Commissioner to notify partner agencies when an individual is incorrectly identified as deceased. These changes strengthen protections against wrongful death markings while formalizing how costs are shared between federal agencies.
Scope change
The bill's scope expanded from simply improving data-sharing coordination with the Do Not Pay system to also include protections against incorrect death markings and a mandatory notification process when errors occur. The new provisions apply specifically to records that may be provided to partner agencies under the Social Security Act section 205(r).
FISCAL

The Do Not Pay data-sharing provision now requires the Commissioner of Social Security and the agency operating the Do Not Pay system to enter into an agreement covering the proportional share of State death data costs, with periodic review allowed.

REQUIREMENT

A new paragraph (12) prohibits the Commissioner from recording a death in any record that may be shared under this section unless there is clear and convincing evidence that the individual should be presumed deceased. This sets a higher evidentiary bar before someone can be marked as dead in systems shared with other agencies.

ENFORCEMENT

A new subsection (b) requires the Commissioner to notify any agency with a cooperative arrangement under paragraph (3) or (11) when an individual has been incorrectly identified as deceased, creating a mandatory error-notification obligation.

TECHNICAL

The bill now amends Section 205(r) of the Social Security Act directly rather than amending the Consolidated Appropriations Act, 2021, which is a cleaner drafting approach that avoids amending a prior law.

TIMELINE

The effective date was moved one day earlier from December 28, 2026 to December 27, 2026.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
19
Key actions
7
Committee
4
Feb 10, 2026
Signed into law
Signed by President.
executive
Jan 12, 2026
Lower · Passed
Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H634)
lower
Sep 19, 2025
Upper · Passed
Passed Senate with an amendment by Unanimous Consent. (text of amendment in the nature of a substitute: CR S6798)
upper
Sep 19, 2025
Upper · Passed
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
upper
Sep 19, 2025
Upper · Passed
Senate Committee on Homeland Security and Governmental Affairs discharged by Unanimous Consent. (consideration: CR S6798)
upper
Sep 19, 2025
Upper · Passed
Senate Committee on Homeland Security and Governmental Affairs discharged by Unanimous Consent.
upper
Jul 30, 2025
Upper · Passed
Committee on Homeland Security and Governmental Affairs. Ordered to be reported without amendment favorably.
upper
Jan 28, 2025
Committee
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
upper
Jan 28, 2025
Introduced
Introduced in Senate
upper
1 primary · 5 co-sponsors

Sponsors