Fraud Prevention and Accountability Act

Today's wording of each part of the law, with what would be struck out and added. Each change also gives the bill's own instruction, word for word.

1. 31 U.S.C. 306rewrittenby H.R. 8312 Sec. 2(a)

   306 Fiscal Service.—(a) The Bureau of the Fiscal Service is a service in the Department of the Treasury.(b) The head of the Bureau of the Fiscal Service is the Fiscal Assistant Secretary appointed under section 301(d).(c) The Bureau of the Fiscal Service, having as its head a Commissioner, shall maintain the following functions related to financial integrity, spending transparency, and preventing improper payments resulting in financial loss to the government, and does not include any investigative or law enforcement function, which, in addition to any other duty the Secretary of the Treasury assigns—(1) shall administer and operate the Do Not Pay system required under section 3354 in a manner that ensures that any data provided to the Secretary is used only for the purposes set forth under section 3354 in accordance with applicable law; and(2) shall, in consultation with the Director of the Office of Management and Budget, establish and maintain a voluntary governmentwide data analysis program in accordance with applicable law and using the authorities under section 6(c)(1) of the Federal Funding Accountability and Transparency Act (Public Law 109–282; 31 U.S.C. 6101 note)—(A) to provide data sharing and analysis services to Federal agencies and any State (meaning a State of the United States, the District of Columbia, a territory or possession of the United States, or a federally recognized Indian Tribe) and local government responsible for the administration of a federally funded program or the disbursement of Federal funds, to detect fraud and prevent improper payments resulting in a financial loss to the government, but for no other purpose including any policy analysis and enforcement action purpose, and, including by facilitating the following services upon request and on a voluntary basis in accordance with all applicable privacy and security laws:(i) Federal agency or State and local government data sharing of known fraudulent entities and transactions resulting from final adverse action determinations, payment denials, referrals for criminal investigation, or equivalent findings with the Department of the Treasury.(ii) Screening awardees and payees against the centralized fraud database prior to award or payment issuance, as feasible and in accordance with individual program requirements.(iii) Screening relevant cyber activity against the centralized fraud database to review recipient or payee changes to virtual identity or payment information.(iv) Establishing governmentwide standards for the collection, labeling, and sharing of data related to improper payments, to include fraudulent payments, with the Department of the Treasury.(v) Partnering with financial institutions and industry to share best practices and, as appropriate, information on known fraud patterns and results of investigations into fraudulent activity.(vi) Providing identity, eligibility, account, and vital event verification and validation tools and analytical services to agencies, as necessary and appropriate; and(B) that is capable of receiving (including in bulk data formats and through systems that facilitate real-time data access) any data asset, information, or record related to the administration of Federal programs (including federally funded State-administered programs) and disbursement of Federal funds under such programs, provided to the Secretary for secure and confidential use by the center or the Inspector General for Fraud, Accountability and Recovery (in accordance with any terms included in a written data sharing agreement between the Secretary and the Inspector General) to recognize and address patterns of fraudulent actors, information, and claims across such programs; and(3) shall provide the Inspector General for Fraud, Accountability, and Recovery, access to such information technology, data assets, information, and records to support the functions and services of the Office of the Inspector General for Fraud, Accountability, and Recovery established under section 317 in accordance with applicable law.(d) The Secretary of the Treasury, in consultation with the Director of the Office of Management and Budget, shall not later than 2 years after the establishment of this section, and on an annual basis thereafter, submit, to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, a report, which may be included as part of another report submitted to Congress by the Secretary, on the implementation of the Program, including participation rates and an assessment of the Program’s effectiveness in reducing fraud and preventing improper payments resulting in a financial loss to the government.(e) The Secretary of the Treasury may designate another officer or employee of the Department to act as the Fiscal Assistant Secretary when the Fiscal Assistant Secretary is absent or unable to serve or when the office of Fiscal Assistant Secretary is vacant.

   The bill says: Section 306 of title 31, United States Code, is amended to read as follows:

   Bill text · Current law (31 U.S.C. 306)

2. 31 U.S.C. 3354(b)(1)(B)changedby H.R. 8312 Sec. 2(b)

   (B) use of other databases designated by the Director of the Office of Management and Budget, or the designee of the Director, in coordination with the Secretary of the Treasury in consultation with executive agencies and in accordance with paragraph (2).

   The bill says: Section 3354(b)(1)(B) of title 31, United States Code, is amended by inserting "in coordination with the Secretary of the Treasury" before "in consultation".

   Bill text · Current law (31 U.S.C. 3354)

3. Public Law 109-282(c)(1)changedby H.R. 8312 Sec. 2(c)

   The bill says: Section 6(c)(1) of the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109–282; 31 U.S.C. 6101 note) is amended by striking "may" and inserting "shall".

   Bill text

4. 31 U.S.C. 321(a)(8)(C)changedby H.R. 8312 Sec. 4(a)

   (C) the money paid as pay and allowances to officers and employees of the Department collecting taxes in that State, territory, possession, or district; and

   The bill says: in paragraph (8)(C), by striking "and" at the end;

   Bill text · Current law (31 U.S.C. 321)

5. 31 U.S.C. 321(a)(9)changedby H.R. 8312 Sec. 4(a)

   The bill says: in paragraph (9), by striking the period at the end and inserting a semicolon; and

   Bill text · Current law (31 U.S.C. 321)

6. 31 U.S.C. 321(a)added (10)by H.R. 8312 Sec. 4(a)

   (10) enter into memoranda of understanding with the heads of other Federal agencies, including Offices of Inspector General and Federal law enforcement agencies, and agreements with private entities as may be appropriate and allowable under existing law to secure access to such data assets and information resources as may be appropriate for the Fiscal Service to use to—(A) prevent fraud and improper payments in Federal programs and spending;(B) support the activities and functions of the Do Not Pay Initiative;(C) beginning on December 31, 2028, support the activities and functions of the—(i) the Fiscal Service; and(ii) the Office of the Inspector General for Fraud, Accountability, and Recovery established under section 317, in coordination with such Office;(D) provide such data to relevant Federal agencies for the identification, prevention, and reduction of waste, fraud, and abuse relating to Federal spending and use in the conduct of criminal and other investigations, as appropriate; and(E) in a manner that ensures any related data sharing agreements provide long term, reliable access to such data assets and information resources, provide the best value to the taxpayer by avoiding duplicative data sharing agreements, include appropriate privacy protections, and require, as appropriate, reimbursement to the Treasury for the reasonable cost of carrying out the agreement.(11) with respect to any supplemental emergency disaster, pandemic, economic relief, or other such supplemental appropriations legislative measures totaling more than $100,000,000,000 in total funding being considered by Congress or any legislative measure establishing a new program with more than $100,000,000 in anticipated additional spending in a single fiscal year following the enactment of such legislative measure being considered by Congress, provide, in coordination with the Director of the Office of Management and Budget and the Office of the Inspector General for Fraud, Accountability, and Recovery, to the leadership of the House of Representatives and Senate, the Committees on Appropriations of the House of Representatives and Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Government Reform of the House of Representatives any legislative recommendations on such measures to ensure that—(A) existing fraud prevention and oversight functions and entities of the Federal Government or are not supplanted or duplicated under such legislative measure, but are instead required to be used or expanded under such legislative measure;(B) any additional resources or authorities for such existing functions and entities are adequately provided for in such legislative measures in order to provide adequate fraud prevention and oversight of funds appropriated for and expended under such program; and(C) fraud prevention, payment integrity, and spending transparency best practices are implemented in such legislation to ensure that—(i) reporting obligations for Federal fund recipients are harmonized governmentwide and conditioned through legally enforceable mechanisms prior to award; and(ii) any sub-recipients and sub-awardees of Federal fund recipients are also included in reporting obligations for such recipients for the purposes of ensuring proper recipient reporting and transparency on the use of funds.

   The bill says: by inserting at the end the following:

   Bill text · Current law (31 U.S.C. 321)

7. Public Law 116-136(k)changedby H.R. 8312 Sec. 5(a)

   The bill says: Section 15010(k) of the CARES Act (Public Law 116–136; 15 U.S.C. 9053) is amended by striking "September 30, 2034" and inserting "December 31, 2028".

   Bill text

8. Public Law 116-136repealedby H.R. 8312 Sec. 5(c)

   The bill says: On December 31, 2028, section 15010 of the CARES Act (Public Law 116–136; 15 U.S.C. 9053) is repealed.

   Bill text

From the bill's official text on GovInfo and the U.S. Code, 2024 edition, which may not yet show changes made since.