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H.R. 8312IntroducedHouseSenate · nowPresidentLawIn the Senate
Sec. 4 · H.R. 8312

Data sharing for fraud prevention and program integrity

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The wording changed from Introduced to Committee version. Removed words are struck through; added words are underlined.

How the text changed

Introduced · Sec. 4

(a) Authority To negotiate data sharing agreements; requirement To provide future legislative recommendations to congress Section 321(a) of title 31, United States Code, is amended— (1) in paragraph (8)(C), by striking and at the end; (2) in paragraph (9), by striking the period at the end and inserting a semicolon; and (3) by inserting at the end the following: (10) enter into memoranda of understanding with the heads of other Federal agencies, including Offices of Inspector General and Federal law enforcement agencies, and 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.. (b) Coordination and duties of the office of management and budge Not later than 270 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in coordination with the Secretary of the Treasury, shall— (1) update or revise as necessary any regulations, memorandum, circulars, or guidance documents to ensure the full and timely implementation of this section; and (2) issue any necessary governmentwide guidance to Federal agencies to ensure the full and timely implementation of this section.

•HR 8312 IHSEC. 4
Committee version · Sec. 4

(a) Authority To negotiate data sharing agreements; requirement To provide future legislative recommendations to congress Section 321(a) of title 31, United States Code, is amended— (1) in paragraph (8)(C), by striking and at the end; (2) in paragraph (9), by striking the period at the end and inserting a semicolon; and (3) by inserting at the end the following: (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.. (b) Coordination and duties of the office of management and budge Not later than 270 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in coordination with the Secretary of the Treasury, shall— (1) update or revise as necessary any regulations, memorandum, circulars, or guidance documents to ensure the full and timely implementation of this section; and (2) issue any necessary governmentwide guidance to Federal agencies to ensure the full and timely implementation of this section.

•HR 8312 RHSEC. 4

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