[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 269 Engrossed in Senate (ES)]

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119th CONGRESS
  1st Session
                                 S. 269

_______________________________________________________________________

                                 AN ACT


 
 To improve coordination between Federal and State agencies and the Do 
                        Not Pay working system.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. 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 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.

            Passed the Senate September 19 (legislative day, September 
      16), 2025.

            Attest:

                                                             Secretary.
119th CONGRESS

  1st Session

                                 S. 269

_______________________________________________________________________

                                 AN ACT

 To improve coordination between Federal and State agencies and the Do 
                        Not Pay working system.