S4089-118

101. Additional funding for Inspectors General There is appropriated, out of amounts in the Treasury not otherwise appropriated, for fiscal year 2024, the following: $100,000,000 for the Office of the Inspector General of the Small Business Administration, to remain available through fiscal year 2028— for the long-term hiring of investigators to pursue special cases of organized fraud related to the COVID–19 pandemic; and to support the interagency strike forces led by the Director for COVID–19 Fraud Enforcement in the Department of Justice. $150,000,000 for the Office of the Inspector General of the Department of Labor, to remain available through fiscal year 2028— for the long-term hiring of investigators to pursue special cases of organized fraud related to the COVID–19 pandemic; and to support the interagency strike forces led by the Director for COVID–19 Fraud Enforcement in the Department of Justice. Any unobligated balances of amounts appropriated under paragraph (1) or (2) of subsection (a) remaining after September 30, 2028, shall— be transferred to the Council of the Inspectors General on Integrity and Efficiency to carry out the duties of the Council; and remain available until expended. The amounts provided by this section are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). This section is designated as being for an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022.

102. Administrative false claims Subtitle B of title VI of the Omnibus Budget Reconciliation Act of 1986 (Public Law 99–509; 100 Stat. 1934) is amended— in the subtitle heading, by striking Program Fraud Civil Remedies and inserting Administrative False Claims; and in section 6101 (31 U.S.C. 3801 note), by striking Program Fraud Civil Remedies Act of 1986 and inserting Administrative False Claims Act. Any reference to the Program Fraud Civil Remedies Act of 1986 in any provision of law, regulation, map, document, record, or other paper of the United States shall be deemed a reference to the Administrative False Claims Act. Chapter 38 of title 31, United States Code, is amended— in section 3801(a)(3), by amending subparagraph (C) to read as follows: made to an authority which has the effect of concealing or improperly avoiding or decreasing an obligation to pay or transmit property, services, or money to the authority, in section 3802(a)(3)— by striking An assessment and inserting (A) Except as provided in subparagraph (B), an assessment; and by adding at the end the following: In the case of a claim described in section 3801(a)(3)(C), an assessment shall not be made under the second sentence of paragraph (1) in an amount that is more than double the value of the property, services, or money that was wrongfully withheld from the authority. Section 3803(c) of title 31, United States Code, is amended— in paragraph (1), by striking $150,000 each place that term appears and inserting $1,000,000; and by adding at the end the following: The maximum amount in paragraph (1) shall be adjusted for inflation in the same manner and to the same extent as civil monetary penalties under the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. 2461 note). Section 3806(g)(1) of title 31, United States Code, is amended to read as follows: Except as provided in paragraph (2)— any amount collected under this chapter shall be credited first to reimburse the authority or other Federal entity that expended costs in support of the investigation or prosecution of the action, including any court or hearing costs; and amounts reimbursed under clause (i) shall— be deposited in— the appropriations account of the authority or other Federal entity from which the costs described in subparagraph (A) were obligated; a similar appropriations account of the authority or other Federal entity; or if the authority or other Federal entity expended nonappropriated funds, another appropriate account; and remain available until expended. Any amount remaining after reimbursements described in subparagraph (A) shall be deposited as miscellaneous receipts in the Treasury of the United States. Section 405(c) of title 5, United States Code, is amended— in paragraph (4), by striking and at the end; by redesignating paragraph (5) as paragraph (6); and by inserting after paragraph (4) the following: information relating to cases under chapter 38 of title 31, including— the number of reports submitted by investigating officials to reviewing officials under section 3803(a)(1) of such title; actions taken in response to reports described in subparagraph (A), which shall include statistical tables showing— pending cases; resolved cases; the average length of time to resolve each case; the number of final agency decisions that were appealed to a district court of the United States or a higher court; and if the total number of cases in a report is greater than 2— the number of cases that were settled; and the total penalty or assessment amount recovered in each case, including through a settlement or compromise; and instances in which the reviewing official declined to proceed on a case reported by an investigating official; and Section 3803(j) of title 31, United States Code, is amended— by inserting (1) before The reviewing; and by adding at the end the following: A reviewing official shall notify the Attorney General in writing not later than 30 days before entering into any agreement to compromise or settle allegations of liability under section 3802 and before the date on which the reviewing official is permitted to refer allegations of liability to a presiding officer under subsection (b). Chapter 38 of title 31, United States Code, is amended— in section 3801(a)(7)— in subparagraph (A), by striking or at the end; in subparagraph (B)(vii), by adding or at the end; and by adding at the end the following: a member of the board of contract appeals pursuant to section 7105 of title 41, if the authority does not employ an available presiding officer under subparagraph (A); in section 3803(d)(2)— in subparagraph (A), by striking and at the end; in subparagraph (B)— by striking the presiding and inserting (i) in the case of a referral to a presiding officer described in subparagraph (A) or (B) of section 3801(a)(7), the presiding; in clause (i), as so designated, by striking the period at the end and inserting ; or; and by adding at the end the following: in the case of a referral to a presiding officer described in subparagraph (C) of section 3801(a)(7)— the reviewing official shall submit a copy of the notice required by under paragraph (1) and of the response of the person receiving such notice requesting a hearing— to the board of contract appeals that has jurisdiction over matters arising from the agency of the reviewing official pursuant to section 7105(e)(1) of title 41; or if the Chair of the board of contract appeals declines to accept the referral, to any other board of contract appeals; and the reviewing official shall simultaneously mail, by registered or certified mail, or shall deliver, notice to the person alleged to be liable under section 3802 that the referral has been made to an agency board of contract appeals with an explanation as to where the person may obtain the relevant rules of procedure promulgated by the board; and by adding at the end the following: in the case of a hearing conducted by a presiding officer described in subparagraph (C) of section 3801(a)(7)— the presiding officer shall conduct the hearing according to the rules and procedures promulgated by the board of contract appeals; and the hearing shall not be subject to the provisions in subsection (g)(2), (h), or (i). Section 7105(e) of title 41, United States Code, is amended— in paragraph (1), by adding at the end the following: The boards described in subparagraphs (B), (C), and (D) shall have jurisdiction to hear any case referred to a board of contract appeals under section 3803(d) of title 31. If the Chair of a board described in subparagraph (B), (C), or (D) determines that accepting a case under clause (i) would prevent adequate consideration of other cases being handled by the board, the Chair may decline to accept the referral. in paragraph (2), by inserting or, in the event that a case is filed under chapter 38 of title 31, any relief that would be available to a litigant under that chapter before the period at the end. Not later than 180 days after the date of enactment of this Act, each authority head, as defined in section 3801 of title 31, United States Code, and each board of contract appeals of a board described in subparagraph (B), (C), or (D) of section 7105(e) of title 41, United States Code, shall amend procedures regarding proceedings as necessary to implement the amendments made by this subsection. Section 3808 of title 31, United States Code, is amended by striking subsection (a) and inserting the following: A notice to the person alleged to be liable with respect to a claim or statement shall be mailed or delivered in accordance with section 3803(d)(1) not later than the later of— 6 years after the date on which the violation of section 3802 is committed; or 3 years after the date on which facts material to the action are known or reasonably should have been known by the authority head, but in no event more than 10 years after the date on which the violation is committed. Section 3801 of title 31, United States Code, is amended— in subsection (a)— in paragraph (8), by striking and at the end; in paragraph (9), by striking the period at the end and inserting a semicolon; and by adding at the end the following: material has the meaning given the term in section 3729(b) of this title; and obligation has the meaning given the term in section 3729(b) of this title. by adding at the end the following: For purposes of subsection (a)(10), materiality shall be determined in the same manner as under section 3729 of this title. Not later than 180 days after the date of enactment of this Act, each authority head, as defined in section 3801 of title 31, United States Code, shall— promulgate regulations and procedures to carry out this section and the amendments made by this section; and review and update existing regulations and procedures of the authority to ensure compliance with this section and the amendments made by this section. (C)made to an authority which has the effect of concealing or improperly avoiding or decreasing an obligation to pay or transmit property, services, or money to the authority,; and (B)In the case of a claim described in section 3801(a)(3)(C), an assessment shall not be made under the second sentence of paragraph (1) in an amount that is more than double the value of the property, services, or money that was wrongfully withheld from the authority.. (3)The maximum amount in paragraph (1) shall be adjusted for inflation in the same manner and to the same extent as civil monetary penalties under the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. 2461 note).. (1)(A)Except as provided in paragraph (2)—(i)any amount collected under this chapter shall be credited first to reimburse the authority or other Federal entity that expended costs in support of the investigation or prosecution of the action, including any court or hearing costs; and(ii)amounts reimbursed under clause (i) shall—(I)be deposited in—(aa)the appropriations account of the authority or other Federal entity from which the costs described in subparagraph (A) were obligated;(bb)a similar appropriations account of the authority or other Federal entity; or(cc)if the authority or other Federal entity expended nonappropriated funds, another appropriate account; and(II)remain available until expended.(B)Any amount remaining after reimbursements described in subparagraph (A) shall be deposited as miscellaneous receipts in the Treasury of the United States.. (5)information relating to cases under chapter 38 of title 31, including—(A)the number of reports submitted by investigating officials to reviewing officials under section 3803(a)(1) of such title;(B)actions taken in response to reports described in subparagraph (A), which shall include statistical tables showing—(i)pending cases;(ii)resolved cases;(iii)the average length of time to resolve each case;(iv)the number of final agency decisions that were appealed to a district court of the United States or a higher court; and(v)if the total number of cases in a report is greater than 2—(I)the number of cases that were settled; and(II)the total penalty or assessment amount recovered in each case, including through a settlement or compromise; and(C)instances in which the reviewing official declined to proceed on a case reported by an investigating official; and. (2)A reviewing official shall notify the Attorney General in writing not later than 30 days before entering into any agreement to compromise or settle allegations of liability under section 3802 and before the date on which the reviewing official is permitted to refer allegations of liability to a presiding officer under subsection (b).. (C)a member of the board of contract appeals pursuant to section 7105 of title 41, if the authority does not employ an available presiding officer under subparagraph (A);; and (ii)in the case of a referral to a presiding officer described in subparagraph (C) of section 3801(a)(7)—(I)the reviewing official shall submit a copy of the notice required by under paragraph (1) and of the response of the person receiving such notice requesting a hearing—(aa)to the board of contract appeals that has jurisdiction over matters arising from the agency of the reviewing official pursuant to section 7105(e)(1) of title 41; or(bb)if the Chair of the board of contract appeals declines to accept the referral, to any other board of contract appeals; and(II)the reviewing official shall simultaneously mail, by registered or certified mail, or shall deliver, notice to the person alleged to be liable under section 3802 that the referral has been made to an agency board of contract appeals with an explanation as to where the person may obtain the relevant rules of procedure promulgated by the board; and; and (C)in the case of a hearing conducted by a presiding officer described in subparagraph (C) of section 3801(a)(7)—(i)the presiding officer shall conduct the hearing according to the rules and procedures promulgated by the board of contract appeals; and(ii)the hearing shall not be subject to the provisions in subsection (g)(2), (h), or (i).. (E)Administrative False Claims Act(i)In generalThe boards described in subparagraphs (B), (C), and (D) shall have jurisdiction to hear any case referred to a board of contract appeals under section 3803(d) of title 31.(ii)Declining referralIf the Chair of a board described in subparagraph (B), (C), or (D) determines that accepting a case under clause (i) would prevent adequate consideration of other cases being handled by the board, the Chair may decline to accept the referral.; and (a)A notice to the person alleged to be liable with respect to a claim or statement shall be mailed or delivered in accordance with section 3803(d)(1) not later than the later of—(1)6 years after the date on which the violation of section 3802 is committed; or(2)3 years after the date on which facts material to the action are known or reasonably should have been known by the authority head, but in no event more than 10 years after the date on which the violation is committed.. (10)material has the meaning given the term in section 3729(b) of this title; and(11)obligation has the meaning given the term in section 3729(b) of this title.; and (d)For purposes of subsection (a)(10), materiality shall be determined in the same manner as under section 3729 of this title..

103. DOJ Covid–19 fraud strike force teams There is appropriated, out of amounts in the Treasury not otherwise appropriated, $300,000,000, to remain available until expended, to the Attorney General to— prosecute the full range of COVID–19 pandemic relief benefit fraud; bring the most egregious and sophisticated offenders of COVID–19 benefit fraud to justice; and recover stolen COVID–19 benefit funds for the people of the United States. The Attorney General may use amounts appropriated under subsection (a) to support— COVID–19 fraud enforcement strike forces— comprised of prosecutors, analysts, law enforcement officers, and support staff; and tasked with prosecuting criminal networks and individuals who defrauded COVID–19 pandemic relief benefit programs, including— the paycheck protection program established under section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) and economic injury disaster loans made under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) related to COVID–19; and the unemployment insurance benefit programs authorized during the COVID–19 pandemic; data scientists and analysts supporting COVID–19 pandemic relief fraud investigations and the recovery of fraudulently obtained pandemic relief funds; and prosecutors and support staff focused on— investigating and prosecuting COVID–19 pandemic fraud; and recovering fraudulently obtained COVID–19 pandemic relief funds. The Attorney General may transfer amounts appropriated under subsection (a) to Federal law enforcement agencies for the purposes described in subsections (a) and (b), including— the Fraud Section of the Criminal Division of the Department of Justice; relevant offices of inspector general; the Federal Bureau of Investigation; Homeland Security Investigations; the United States Secret Service; the United States Postal Inspection Service; the criminal investigation unit of the Internal Revenue Service; and the Organized Crime and Drug Enforcement Task Forces. The amounts provided by this section are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). This section is designated as being for an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022.

301. Identity Verification, Payment Integrity, and Victims of Identity Fraud Fund The term Administrator means the Administrator of General Services. The term Director means the Director of the Office of Management and Budget. The term Federal agency has the meaning given the term agency in section 306(f) of title 5, United States Code. The term Fund means the Identity Verification, Payment Integrity, and Victims of Identity Fraud Fund established under subsection (b)(1). There is established within the Treasury of the United States a fund, which shall be known as the Identity Verification, Payment Integrity, and Victims of Identity Fraud Fund. The Director and the Administrator shall jointly administer the Fund. Upon the date of enactment of this Act, the Director and the Administrator shall jointly transfer from the Fund— not less than $75,000,000 to the Commissioner of Social Security to support— the development of a Social Security number verification service for use by Federal agencies— that compares identity information of an individual, including the name, date of birth, and Social Security number of the individual, provided by a Federal agency against the identity information of the individual maintained by the Social Security Administration; that, based on the comparison performed under subclause (I), will provide a Federal agency with a privacy-preserving response of Match or No match to confirm or not confirm the validity of the identity information provided by the Federal agency described in subclause (I); the development of which may not begin until the date on which the Commissioner of Social Security receives the full amount of the transfer required under this subparagraph; and subject to safeguards determined necessary by the Commissioner of Social Security, the full cost for the use of which the heads of Federal agencies shall reimburse the Social Security Administration, including for the costs of administration and associated ongoing maintenance; and the implementation of the Social Security number verification service developed under clause (i) by Federal agencies; not less than $25,000,000 to the Office of Payment Integrity of the Department of the Treasury to support the development and enhancement of governmentwide solutions and data sharing to prevent fraud and enhance payment integrity in Federal programs and federally funded programs administered by States; not less than $25,000,000 to the Administrator to support— the development by the Secretary of the Treasury, in coordination with the Director and the Administrator, of a pilot program for an identity fraud early warning system; and the implementation of the pilot program described in clause (i) by Federal agencies and State, local, Tribal, and territorial governments; and not less than $200,000,000 to the Federal Trade Commission to support— the enhancement of IdentityTheft.gov to offer a single platform that combines services from across Federal agencies for victims of identity fraud; and the implementation of IdentifyTheft.gov by Federal agencies and State, local, Tribal, and territorial governments. The Director and the Administrator shall make the amounts remaining in the Fund after the completion of the transfers required under paragraph (2) available to the heads of Federal agencies to— develop, deploy, and support the adoption by Federal agencies and State, local, Tribal, and territorial governments of capabilities to reduce identity fraud; improve eligibility verification processes; improve the integrity of Federal programs and State, local, Tribal and territorial government programs; improve the secure, reliable, and equitable digital access to services of the Federal Government and State, local, Tribal, and territorial governments; combat improper payments by the Federal Government; expand services for victims of identity fraud, including by— providing individualized training and program development assistance to legal services organizations, nonprofit organizations, and Federal agencies and State, local, Tribal, and territorial governments that directly assist victims of identity fraud in need of remediation; expanding data protection and other enforcement efforts relating to identity fraud; coordinating with Federal agencies and State, local, Tribal, and territorial governments with respect to identity fraud prevention and remediation services; and enhancing fraud and identity fraud services and information, such as reporting websites, information technology systems, and outreach to the public, including collaboration with consumer service organizations and Federal agencies and State, local, Tribal, and territorial governments; support the operations of the Fund; and in support of the goals of the Fund, support investments in the development of foundational privacy-enhancing technology, including secure multiparty computation and other privacy-preserving data sharing capabilities, for use by Federal agencies and State, local, Tribal, and territorial governments. There is appropriated, out of amounts in the Treasury not otherwise appropriated, $600,000,000 to the Fund for fiscal year 2024. Subject to subparagraph (B), amounts appropriated under paragraph (1) shall remain available until September 30, 2028. Amounts appropriated under paragraph (1) that are transferred in accordance with subsection (c)(1)(A) shall remain available until expended. The amounts provided by this section are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). This section is designated as being for an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022.

302. DOJ grants for victim services Out of amounts in the Treasury not otherwise appropriated, there are appropriated to the Director of the Office for Victims of Crime $175,000,000, to remain available until expended, to award discretionary grants under the Victims of Crime Act of 1984 (34 U.S.C. 20101 et seq.). The Director of the Office for Victims of Crime shall use the amounts appropriated under paragraph (1) to award grants to assist victims of identity theft. The amounts provided by this section are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). This section is designated as being for an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022.