Public Law 119–77: To improve coordination between Federal and State agencies and the Do Not Pay working system.

public-law-119-77Public Law 119-77Statute

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PUBLIC LAW 119–77—FEB. 10, 2026
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.

Feb. 10, 2026

[S. 269]

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

Ending Improper Payments to Deceased People Act.
SECTION 1.

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 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.

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 140 STAT. 746 subparagraph (B) and
inserting
“; and”, and by
adding
at the end the following new subparagraph:
“(C)

Notification.

notify any agency that has a cooperative arrangement with the Commissioner of Social Security under paragraph (3) or (11) of the error.”
.
(c)

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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