Sec. 2. Establishment of Fraud Prevention and Financial Integrity functions within the Department of the Treasury
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Section 306 of title 31, United States Code, is amended to read as follows: The Bureau of the Fiscal Service is a service in the Department of the Treasury. The head of the Bureau of the Fiscal Service is the Fiscal Assistant Secretary appointed under section 301(d) of this title. 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— 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 shall, in consultation with the Director of the Office of Management and Budget, establish and maintain a governmentwide data analysis program, utilizing the authorities outlined under section 6(c)(1) of the Federal Funding Accountability and Transparency Act ( Public Law 109–282 ; 31 U.S.C. 6101 note)— to provide data sharing and analysis services to Federal agencies, States (with respect to any federally funded State-administered programs), and any nongovernmental entity administering or disbursing Federal funds, to detect fraud and prevent improper payments resulting in a financial loss to the government and, including by— requiring each agency to share data of known or suspected fraudulent entities and transactions (resulting from internal agency fraud prevention or detection investigations) with the Department of the Treasury; requiring each agency to screen their potential awardees and payees against the centralized fraud database prior to award or payment issuance; requiring each agency to screen relevant cyber activity against the centralized fraud database prior to allowing changes to virtual identity or payment information; establishing governmentwide standards for the collection, labeling, and sharing of fraudulent payment data, to include improper payments, with the Department of the Treasury; partnering with financial institutions and industry to share best practices and, where appropriate, data regarding fraud patterns and results of investigations into fraudulent activity; and providing identity, eligibility, account, and vital event verification and validation tools and analytical services to agencies, as necessary and appropriate; and 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 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, unless the Secretary determines that such access is not appropriate and notifies the appropriate congressional committees and the Office of such Inspector General in writing.
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.
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. . 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 . Section 6(c)(1) of the Federal Funding Accountability and Transparency Act ( Public Law 109–282 ; 31 U.S.C. 6101 note) is amended by striking may and inserting shall .
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- Pub. L. 109-282
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Sec. 2
Establishment of Fraud Prevention and Financial Integrity functions within the Department of the Treasury
Pub. L.Pub. L. 109-282
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