#aaith ,,congress #b;d ,session ,h4 ,r4 #hdfc ,,an ,,act ,to establish governmentwide requirements for pre-payment fraud prevention actions1 to provide the ,u4,s4 ,treasury appropriate data resources1 to facilitate participation in governmentwide anti-fraud data sharing1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,pre-,payment ,fraud ,prevention and ,treasury ,data ,access ,act4 #b4 ,pre-payment fraud prevention requirements for agencies 7a7 ,establishment of pre-payment agency responsibilities 7#a7 ,amendment ,chapter #cc of title #ca1 ,united ,states ,code1 is amended by inserting after section #ccbe the following3 #ccbe;a4 ,agency duties for fraud and improper payment prevention before the issuance of a payment voucher request 7a7 ,mandatory actions before issuing a payment voucher ,the head of an agency1 or an officer or employee described in section #ccbe7;a77#a7;,b71 may not certify a voucher under section #ccbe until the following requirements are met3 7#a7 ,each pre-certification requirement described in subsection 7b7 for such payment request4 7#b7 ,confirmation is provided that the payment complies with any disbursement requirement and instruction1 including any pre-certification requirement1 published by the ,secretary of the ,treasury4 7#c7 ,confirmation is provided that any other appropriate payment1 account1 and payee validation program or service that the ,secretary of the ,treasury1 in consultation with the ,director1 requires to reduce fraud and an improper payment resulting in financial loss to the ,government1 including any agency evaluation of the fraud-risk indicator of a program required under section #cceb and agency procedures required under section #ceed7;b77#a71 have been conducted1 in accordance with necessary exceptions for statutory1 policy1 or operational reasons4 7b7 ,payment verification pre-certification requirements ,not later than #ahj days after the date of the enactment of this section1 and as needed thereafter1 the ,secretary of the ,treasury shall1 in consultation with the ,director of the ,office of ,management and ,budget1 issue regulations1 and guidance as necessary1 for the pre-certification requirements of this section1 for vouchers certified under section #ccbe1 including any deadline for pre-certification information and related records to be submitted to the requisite ,treasury official and disbursing official under subchapter ,,iv of this chapter1 before the date of disbursement in order to allow for sufficient time to meet the requirements of this section1 including the following3 7#a7 ,funds are available at the time the obligation is incurred and if an obligation is incurred when funds are not available1 then the agency may not certify the payment voucher4 7#b7 ,the amount of the payment and the name of the payee on the payment voucher are correct1 in conformance with the prescribed standard format4 7#c7 ,a valid social security number1 taxpayer identification number1 employer identification number1 individual taxpayer identification number1 or payee ,,id number is provided for each payee on the voucher1 if applicable4 7#d7 ,the appropriation or fund from which the payment will be made is available for the purpose described in the voucher and indicated with the appropriate ,treasury ,account ,symbol or ,business ,event ,type ,code4 7#e7 ,a payee is not deceased1 if the payment would be improperly made to a deceased payee4 7#f7 ,the account number1 if any1 provided on the payment voucher is held at a financial institution and is open1 valid1 and belongs to the payee or a valid designee of the payee4 7#g7 ,any other identifier in conformance with the payment verification pre-certification requirements established by the ,secretary of the ,treasury1 which may include the ,procurement ,instrument ,identified and the ,federal ,award ,identification ,number4 7c7 ,return of payment voucher ,the ,secretary1 in consultation with the ,director1 shall issue guidance and establish procedures to authorize the ,chief ,disbursing ,officer of the ,department of the ,treasury1 or an agency disbursing official1 to return to the relevant agency certifying official1 including a notification to the agency1 any payment or payment voucher issued under section #ccbe which does not comply with pre-certification verification requirements established under this section as determined by the ,secretary4 7d7 ,agency requests for exemptions ,the ,secretary of the ,treasury shall include in the regulations issued under subsection 7b71 or in other regulations or guidance issued under this chapter1 a process for agencies to request exemptions from some or all of the payment verification requirements for specific payments or categories of payments under this section1 which shall include a requirement for the agency to provide a plan and reasonable timeframe to remediate the need for the exemption4 ,any approved exemption shall be documented in any related payment voucher certified under section #ccbe for the duration of the exemption4 4 7#b7 ,technical and conforming amendment ,the table of sections for chapter #cc of title #ca1 ,united ,states ,code1 is amended by inserting after the item for section #ccbe the following3 #ccbe;a4 ,agency duties for fraud and improper payment prevention before the issuance of a payment voucher request4 4 7b7 ,amendment to responsibilities of agency certifying official for payment vouchers ,section #cebh7;a7 of title #ca1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b71 by inserting after of this title the following3 1 including pre-certification requirements described in section #ccbe;a2 7#b7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#e7 and 7#f71 respectively2 and 7#c7 by inserting after paragraph 7#c7 the following3 7#d7 ,ensuring that-- 7,a7 the agency has complied with the requirements of section #ccbe;a and subchapter ,,iv of this title2 and 7,b7 a covered recipient is in compliance with the reporting requirements under section #fajg4 4 7c7 ,prepayment requirements of payment disbursing officials ,section #ccbe of title #ca1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d7 by striking taxpayer identifying number of each person and inserting information required to be submitted under section #ccbe;a7b7 of each payee2 and 7#b7 by adding at the end the following3 7e7 7#a7 ,before certifying a voucher to a disbursing official1 the head of an agency or an officer or employee of an agency described in subparagraph 7,a7 or 7,b7 of subsection 7a77#a71 as applicable1 shall take necessary actions to accurately disburse payments to the recipients of those payments1 including by-- 7,a7 verifying the accuracy of the bank account information to which a payment is to be disbursed1 to the extent practicable2 and 7,b7 comparing the bank account information of the proposed recipient to other payment records available to the agency1 to the extent practicable4 7#b7 ,the ,secretary of the ,treasury shall issue guidance to carry out this subsection1 which may be carried out through any guidance issued for section #ccbe;a7b74 4 7d7 ,addition of fraud prevention indicators to agency improper payment risk assessments 7#a7 ,definitions amendments ,section #ccea of title #ca1 ,united ,states ,code is amended-- 7,a7 in paragraph 7#c7-- 7i7 in the heading1 by striking initiative and inserting system2 7ii7 by striking ,initiative and inserting ,system2 and 7iii7 by striking initiative and inserting system2 and 7,b7 by adding at the end the following 7and by redesignating and moving the paragraphs to appear in alphabetical order73 7#i7 ,appropriate authorizing and appropriations committees of congress ,the term appropriate authorizing and appropriations committees of ,congress means the following3 7,a7 ,the ,committees on ,appropriations of the ,senate and the ,house of ,representatives4 7,b7 ,the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 7,c7 ,the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 7,d7 ,the ,budget ,committee of the ,house of ,representatives and the ,committee on the ,budget of the ,senate4 7,d7 ,any other relevant congressional committee of jurisdiction4 7#aj7 ,director ,the term ,director means the ,director of the ,office of ,management and ,budget4 7#aa7 ,fraud-risk indicator ,the term fraud-risk indicator means an objective data point or analytic signal that indicates an anomalous payment pattern or increase in the volume of a payment amount1 a verified data mismatch1 network or behavioral anomaly1 or match identified by the ,do ,not ,pay system and any other payment1 account1 and payee validation program or service provided by the ,department of the ,treasury that would result in financial loss to the ,government4 4 7#b7 ,amendment ,section #cceb7;a77#a7 of title #ca1 ,united ,states ,code1 is amended-- 7,a7 in subparagraph 7,a71 by striking 2 and and inserting a semicolon2 7,b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,c7 design and apply fraud-risk indicators to the programs identified under paragraph 7,a74 4 #c4 ,treasury do not pay system 7a7 ,amendment ,section #cced of title #ca1 ,united ,states ,code1 is amended-- 7#a7 in the heading1 by striking ,initiative and inserting system2 7#b7 in subsection 7a7-- 7,a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,in general ,the head of each executive agency shall establish and maintain appropriate preaward and prepayment procedures to prevent and recover improper payments1 including payments resulting in financial loss to the ,government1 and to prevent financial fraud4 ,such procedures shall include1 at a minimum-- 7,a7 screening all persons or entities that receive1 or seek to receive1 ,federal awards or payments against all appropriate ,do ,not ,pay system data assets1 including data assets described in paragraph 7#b77;a71 and risk tools before an award is made or a payment request is submitted to the disbursing officer in accordance with section #ccbe;a2 and 7,b7 a periodic review of available data assets and notification to the ,secretary of any data asset that the agency requires access to1 either directly or through the ,do ,not ,pay system4 2 7,b7 in paragraph 7#b71 by striking ,at a minimum and before issuing any payment or award1 each executive agency shall review as appropriate the following databases to verify eligibility of the payment and award3 and inserting the following3 ,consistent with the routine use authority under section #eeb;a of title #e1 and subject to the requirements of paragraphs 7#c7 and 7#f71 the ,secretary shall have access to the following data assets for the purposes described in paragraph 7#a732 and 7,c7 by adding at the end the following3 7#c7 ,publication of data assets2 additional data assets 7,a7 ,publication of data assets ,the ,secretary shall publish and maintain a ,system of ,records ,notice for the ,do ,not ,pay system that identifies each data asset1 the routine uses under which the data asset is disclosed from that system of record1 the specific permitted purposes1 and the access controls applicable to each data asset4 ,a data asset may not be disclosed from the ,do ,not ,pay system before publication of the applicable routine uses in the relevant ,system of ,records ,notice4 7,b7 ,designation ,the ,secretary1 in consultation with the ,director1 may designate additional categories of data assets for inclusion in the ,do ,not ,pay system that substantially assist agencies in carrying out the requirements of paragraph 7#a74 7,c7 ,privacy and notice ,in designating data assets that include personally identifiable information1 law enforcement sensitive information1 or information subject to section #eeb;a of title #e1 the ,secretary shall-- 7i7 act in coordination with the ,director of the ,office of ,management and ,budget2 and 7ii7 provide public notice and an opportunity for comment for not less than #ae days prior to designation4 7,d7 ,database inclusion ,following designation of a category of data assets under subparagraph 7,b71 the ,secretary shall provide public notice and an opportunity for comment for not less than #cj days before adding any specific data asset within such category4 7,e7 ,non-sensitive data ,data assets that do not include personally identifiable information1 law enforcement sensitive information1 or information subject to section #eeb;a of title #e may be added at the discretion of the ,secretary without designation if a list of such data assets is disclosed to the public on a public website maintained by the ,department of the ,treasury4 7#d7 ,treatment of data matching for purposes of agency use of do not pay system ,for purposes of section #eeb;a of title #e1 or any other provision of law1 a computerized comparison of two or more automated ,federal systems of records1 or a computerized comparison of a ,federal system of records with other records or non-,federal records1 carried out by the ,secretary to verify payments or identify or recover improper payments under this section shall not be considered a matching program if such match-based inquiry is conducted in strict adherence to the limitations of use under paragraph 7#e71 returns a binary verification response1 resulting data is not retained by the agency for more than #cj days in order to address the immediate award eligibility or payment verification determination1 and contains not more than #bj discrete record requests at a time for a particular agency program4 7#e7 ,limitation on use 7,a7 ,in general ,information obtained through the ,do ,not ,pay system may be used solely for the purposes described in paragraph 7#a71 or for ,federal or ,state law enforcement or investigative purposes and any officer1 employee1 contractor1 subcontractor1 or agent of a ,federal or ,state entity may not publish1 examine for a purpose not explicitly authorized under this section1 or communicate such information furnished in such data assets other than in fulfillment of the purposes of this section4 7,b7 ,implementation of system ,the ,do ,not ,pay system shall be implemented in a manner to strictly provide match-based queries that return only limited responses derived from the data submitted by any individual described in subparagraph 7,a7 with the minimum data exchanged and retained in order to conduct the verification match and any associated responsibility under section #eeb;a7p7 of title #e1 if-- 7i7 such responses to match-based queries are limited to a confirmation or denial of a match1 the level of confidence in a match1 the data sources that informed the match1 and other administrative metadata or the minimum additional data elements necessary to achieve the purposes described in paragraph 7#a72 and 7ii7 any individual described in subparagraph 7,a7 is prohibited from retrieving1 browsing1 making repeated and tailored match-based inquiries with the intention of reconstituting the underlying record in another system1 or otherwise accessing any underlying record maintained in the ,do ,not ,pay system under subsection 7a77#b7 beyond the information necessary to resolve a match-based query solely for the purposes described in paragraph 7#a74 7,c7 ,individuals accessing information ,any individual described in subparagraph 7,a7-- 7i7 may not take an adverse action against any individual based solely upon the information obtained under such subparagraph2 7ii7 shall take additional independent steps to verify the eligibility of a benefit recipient before taking any adverse action1 when necessary or appropriate or when required by applicable law2 and 7iii7 shall make an independent judgment regarding the decision to certify a payment for disbursement or pursue recovery of a potentially improper payment4 7#f7 ,confidentiality maintenance ,the ,secretary shall maintain1 with respect to each data asset obtained through the ,do ,not ,pay system1 the same level of confidentiality required by the law governing the source of that data asset4 ,information obtained from a data asset may only be used for purposes for which the source statute authorizes disclosure1 and access to such information shall be limited to persons and entities for whom the source statute authorizes access4 ,the ,secretary shall document1 in the ,system of ,records ,notice required under paragraph 7#b71 the specific confidentiality obligations applicable to each data asset and the means by which ,treasury ensures compliance4 7#g7 ,penalty for unlawful disclosure ,any individual described in paragraph 7#e77;,a7 who knowingly and willfully discloses information in violation of paragraph 7#e7 shall be fined not more than #bej1jjj1 imprisoned not more than #e years1 or both4 7#h7 ,exception when payment otherwise required under law ,the head of an executive agency may be exempt from the requirements of paragraph 7#a7 if a ,federal statute expressly requires that a payment or award be made notwithstanding potential ineligibility1 and the agency head notifies the ,secretary of the ,treasury and the ,director of the ,office of ,management and ,budget prior to certification of the payment under section #ccbe4 7#i7 ,definition ,in this section1 the term data asset has the meaning given that term in section #cejb7ag7 of title #dd4 2 7#c7 by striking subsections 7b7 through 7c7 and inserting the following3 7b7 ,establishment of system ,the ,secretary of the ,treasury shall establish and maintain a ,do ,not ,pay system1 which shall be administered and operated by the ,fiscal ,service of the ,department of the ,treasury4 ,the ,do ,not ,pay system shall include-- 7#a7 the data assets described in subsection 7a77#b72 and 7#b7 such other data assets as the ,secretary of the ,treasury may designate1 in consultation with the ,director of the ,office of ,management and ,budget1 to assist agencies in carrying out subsection 7a77#a74 7c7 ,state and other governmental use 7#a7 ,in general ,each ,state and local government administering a federally funded program1 and any contractor1 subcontractor1 or agent thereof1 including ,state and local government auditors1 shall have access to the ,do ,not ,pay system to review preaward and prepayment data in order to prevent and recover improper payments1 including payments resulting in financial loss to the ,government1 and to prevent financial fraud if procedures are established regarding-- 7,a7 the screening of persons or entities that receive1 or seek to receive ,federal awards or payments against appropriate ,do ,not ,pay system data assets1 including data assets described in subsection 7a77#b71 and risk tools before an award is made or a payment request is submitted to the disbursing officer2 and 7,b7 periodic review of available data assets and notification to the ,secretary of any data asset that the agency requires access to1 either directly or through the ,do ,not ,pay system4 7#b7 ,other governmental use ,the judicial and legislative branches of the ,united ,states 7as defined in section #bjb7;e7 of title #ah7 shall have access to the ,do ,not ,pay system strictly for purposes of verifying eligibility for payments and preventing fraud and improper payments as authorized under subsection 7a77#a74 7#c7 ,privacy requirements ,the ,director1 in coordination with the ,secretary1 shall issue regulations implementing this section1 including establishing privacy and other requirements applicable to such access and disclosure1 consistent with section #eeb;a of title #e4 7d7 ,quarterly report ,the ,secretary1 in consultation with the ,director1 shall submit to the appropriate authorizing and appropriations committees of ,congress quarterly reports on the governmentwide operation of the ,do ,not ,pay system1 which may be included as part of another report submitted to ,congress by the ,secretary1 and which shall include the following3 7#a7 ,performance measures for monitoring the effectiveness of the system in reducing improper payments4 7#b7 ,information on the frequency of corrections and identification of erroneous data4 7#c7 ,recommendations for legislative or administrative action to enhance the operations of the system4 7#d7 ,an assessment of agency1 ,state1 and local compliance with the requirements of this section1 including a listing of all memorandums established with the head of an agency under subsection 7a77#d7 that documents agency use of the ,do ,not ,pay system4 7e7 ,evaluation ,not less than annually1 the ,evaluation ,officer of the agency1 as designated under section #cac of title #e1 shall provide the appropriate authorization and appropriations committees of ,congress an evaluation of the ,do ,not ,pay system1 including the best available estimate of the effectiveness of the system in reducing fraud and improper payments that lead to financial loss of the ,government in agency programs on a monthly and regional basis for such program4 ,the evaluation shall include an analysis of which data sources maintained by the ,do ,not ,pay system are attributed to identifying or reducing instances of likely fraudulent or improper payments by count and total dollar savings value to the ,government4 7f7 ,continuity and transition 7#a7 ,continuation of previous system if necessary ,the ,do ,not ,pay initiative in effect on the day before the date of the enactment of this section shall continue as necessary to support implementation of the ,do ,not ,pay system4 7#b7 ,guidance1 rules1 and procedures ,guidance1 rules1 and procedures in effect before the date of the enactment of this section shall remain in effect until modified by the ,secretary or the ,director of the ,office of ,management and ,budget4 7#c7 ,rules of construction ,nothing in this subsection may be construed-- 7,a7 except as specifically provided in subsection 7a77#d71 to modify or supersede the requirements of section #eeb;a of title #e1 including the requirements for notice in section #eeb;a7e77#ab7 and for due process rights of an individual under section #eeb;a7p72 or 7,b7 to limit any authority of an ,inspector ,general under applicable law4 2 7#d7 in subsection 7d7-- 7,a7 in paragraph 7#a77;,c7-- 7i7 in clause 7i71 by striking #c years and inserting #e years2 and 7ii7 in clause 7ii71 by striking #c years and inserting #e years2 7,b7 by redesignating paragraphs 7#b7 through 7#d7 as paragraphs 7#c7 through 7#e71 respectively2 and 7,c7 by inserting after paragraph 7#a7 the following3 7#b7 ,voluntary expedited process for computer matching by executive agencies for purposes of using the do not pay system 7,a7 ,in general ,in accordance with section #eeb;a of title #e 7commonly known as the ,privacy ,act of #aigd71 the head of each executive agency may enter into an expedited process for establishing a computer matching agreement with the head of another executive agency for the purposes of ongoing and automated data matching with the ,do ,not ,pay system for purposes under this section in order to assist in the detection and prevention of fraudulent and improper payments4 7,b7 ,requirement for use of computer matching agreement template ,not later than #ahj days after the effective date of this section1 the ,director1 in coordination with the ,secretary of the ,treasury1 shall establish a standard computer matching agreement template for the ,do ,not ,pay system which shall authorize an agency that adopts the standard template to be deemed to have satisfied the requirements of section #eeb;a7o7 of title #e upon execution of the agreement without the need for review by a ,data ,integrity ,board established under section #eeb;a7u7 of title #e4 7,c7 ,requirement for federal record notices and publication ,the standard computer matching agreement template described under paragraph 7,b71 and any future modification to the template1 shall be published in the ,federal ,register by the ,secretary of the ,treasury #cj-;days prior to putting any such template or modification of such template into effect4 ,on a quarterly basis the ,secretary of the ,treasury shall publish in the ,federal ,register a consolidated listing of each computer matching agreement using the standardized template under paragraph 7,b7 and maintain on a publicly available website all active computer matching agreements using such template or the process under paragraph 7#a7 that shall include the agency name1 data assets covered1 authorized purposes1 and date of the agreement4 ,the consolidated quarterly listing under this subparagraph shall satisfy the matching program notice requirements of section #eeb;a7e77#ab7 of title #e for each computer matching agreement using the standardized template under paragraph 7,b71 and no separate ,federal ,register publication under section #eeb;a7e77#ab7 shall be required of any agency participating in such an agreement4 7,d7 ,termination date ,an agreement under this paragraph-- 7i7 shall have a termination date of less than #e years2 and 7ii7 during the #c-month period ending on the date on which the agreement is scheduled to terminate1 may be renewed by each executive agency that entered into the agreement for not more than #e years if the head of the agency attests to the ,secretary of the ,treasury and the ,director of the ,office of ,management and ,budget that the agreement is not being modified4 7,e7 ,requirement for ,,omb guidance ,not later than #ahj days after the effective date of this section1 the ,director of the ,office of ,management and ,budget1 in consultation with the ,secretary of the ,treasury1 shall issue guidance1 including the computer matching agreement template1 to implement this paragraph4 7,f7 ,multiple agencies ,for purposes of this paragraph1 section #eeb;a7o77#a7 of title #e shall be applied by substituting between the source agency and the recipient agency or non-,federal agency or an agreement governing multiple agencies for between the source agency and the recipient agency or non-,federal agency in the matter preceding subparagraph 7,a74 2 and 7#e7 by striking subsection 7e74 7b7 ,technical and conforming amendment ,the item relating to section #cced in the table of sections for chapter #cc of title #ca1 ,united ,states ,code1 is amended1 by striking ,initiative and inserting system4 #d4 ,single report on first time use of funds by recipient 7a7 ,establishment of post-award single report requirement on first-time use of funds by recipient of federal award ,chapter #fa of title #ca1 ,united ,states ,code1 is amended by adding at the end the following3 #fajg4 ,single report on first time use of funds by recipient 7a7 ,federal award reporting requirement ,the head of each agency that administers a covered award shall require each covered recipient to1 as a condition of receiving amounts under such award1 submit to the head of the agency1 not later than #ahj days after the receipt of such award unless a deadline exception may be applied pursuant to pursuant to regulations promulgated under subsection 7b71 a one-time report on the use of such amounts that-- 7#a7 includes any content required to be included in such report pursuant to subsection 7b72 and 7#b7 is in the format required under such subsection4 7b7 ,governmentwide report regulations and guidance 7#a7 ,contents and format of report 7,a7 ,promulgation ,not later than #a year after the date of the enactment of this section1 the ,director1 in coordination with the ,secretary of the ,treasury and the standard-setting agency designated under section #fdjb7;a77#a71 shall promulgate regulations1 and any clarifying guidance as may be necessary1 to establish governmentwide requirements for the content and format of the report described under subsection 7a74 7,b7 ,updates ,any guidance or regulation promulgated under subparagraph 7,a7 shall be updated as necessary1 but in any case1 shall be updated not less often than once every #e years4 7#b7 ,report minimum requirements ,the regulations and any clarifying guidance promulgated under paragraph 7#a71 shall at a minimum-- 7,a7 enable the head of an awarding agency to determine whether amounts provided under a covered award are being used by the recipient required to submit the report1 and any sub-recipient or sub-grantee thereof1 for the intended purpose of the program1 as set forth in statute1 regulation1 or policies and procedures of the agency2 7,b7 enable fraud prevention1 detection1 investigation1 and mitigation1 in future awards of ,federal funds to the recipient required to submit the report by identifying relevant fraud-risk indicators that would require a referral for investigation and criminal referral to the appropriate entity of the ,federal ,government1 including any identified effort by a recipient to defraud the ,federal ,government or violate sections #cgbi through #cgca of title #ca 7commonly referred to as the ,false ,claims ,act72 7,c7 ensure that any sub-recipient or sub-grantee1 at any level1 of the recipient required to submit the report provide to such recipient such information as may be necessary to enable aggregate reporting on the covered award by the recipient2 7,d7 require the heads of agencies to apply the governmentwide data standards established under chapter #fd with respect to the format and content of the report required to be submitted2 7,e7 align with the ,federal award reporting requirements and data standards under the ,federal ,funding ,accountability and ,transparency ,act of #bjjf 7,public ,law #aji-bhb2 #ca ,u4,s4,c4 #faja note71 to the maximum extent practicable2 7,f7 reduce recipient and agency reporting burdens by avoiding duplication in recipient reporting obligations1 to the extent practicable2 and 7,g7 provide clarification for agencies to apply a reporting deadline exception under subsection 7a77#a71 which may be made for an entire program or type of covered award1 beyond #ahj days when the use of the covered funds by the covered recipient takes place more than #ahj days after a receipt of such covered award4 7c7 ,agency requirements ,in accordance with the regulations and any clarifying guidance promulgated under subsection 7b71 the head of an agency that administers a covered award shall-- 7#a7 update the terms and conditions of ,federal awards in the agency programs to implement subsection 7a7 for covered recipients2 7#b7 include a summary of the post-award reporting requirements established under subsection 7a71 including the required content and reporting format1 in the ,notice of ,funding ,opportunity 7which has the meaning given the term in section #bjj4a of title #b1 ,code of ,federal ,regulations7 for ,federal financial assistance 7as defined under section #geja of this title7 in order to assist applicants for such assistance in understanding post-award reporting obligations2 7#c7 to the maximum extent practicable-- 7,a7 provide user-friendly and plain language directives for covered recipients to fulfill their reporting obligation under subsection 7a72 and 7,b7 use existing post-award reporting requirements to reduce the burden of cumulative post-award reporting2 and 7#d7 establish procedures within the agency to identify covered recipients that are not in compliance with the reporting requirement under subsection 7a74 7d7 ,noncompliance ,for a case in which a covered recipient does not submit the report required by subsection 7a71 the awarding agency shall-- 7#a7 provide a timely written notice of noncompliance to the recipient that-- 7,a7 clearly states the reason for noncompliance2 7,b7 notifies the recipient of the obligation of the agency to cease further disbursements to the entity until the covered recipient is in compliance2 and 7,c7 provides clear instructions to the covered recipient on how to come back into compliance2 and 7#b7 prevent a payment voucher from being issued under section #ccbe for a payment to such recipient for funds related to the particular program for which the report was required1 until such report is submitted4 7e7 ,availability of report ,each report submitted under subsection 7a7 shall be-- 7#a7 kept on file by the agency for a period of not less than #e years after the date on the conclusion of the duration of the award2 and 7#b7 made available upon request to-- 7,a7 the ,director2 7,b7 the ,secretary of the ,treasury2 7,c7 the ,attorney ,general2 7,d7 the ,inspector ,general of the agency concerned2 and 7,e7 the appropriate congressional committees4 7f7 ,use of information included in report ,information included in the report required by subsection 7a7 shall be used by the agency in support of improper payment activities of the agency under section #cceb as appropriate and applicable4 7g7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committees on ,appropriations of the ,senate and the ,house of ,representatives2 7,b7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,c7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives2 and 7,d7 any other relevant congressional committee of jurisdiction4 7#b7 ,covered award ,the term covered award means a ,federal award 7as defined under section #geja7 in an amount not less than #ej1jjj 7based on fiscal year #bjbg constant dollars74 7#c7 ,covered recipient ,the term covered recipient means any entity1 including any ,state1 the ,district of ,columbia1 and any territory or possession of the ,united ,states1 including a pass-through entity 7as defined under section #geja71 that receives the covered award from a particular agency program for the first time in that program's existence4 7#d7 ,fraud-risk indicator ,the term fraud-risk indicator means an objective data point or analytic signal that indicates an anomalous payment pattern or increase in the volume of a payment amount1 a verified data mismatch1 network or behavioral anomaly1 or match identified by the ,do ,not ,pay system and any other payment1 account1 and payee validation program or service provided by the ,department of the ,treasury that would result in financial loss to the government4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #fa of title #ca1 ,united ,states ,code1 is amended1 by adding at the end the following3 #fajg4 ,single report on first time use of funds by recipient4 4 7c7 ,clarification of application of first reporting deadline ,the report required under subsection 7a7 of section #fajg of title #ca1 ,united ,states ,code1 as added by subsection 7a71 shall apply to a covered award made during the fiscal year following the promulgation of regulations or guidance by the ,director under subsection 7b77#a77;,a7 of such section4 #e4 ,effective date ,this ,act and the amendments made by this ,act shall take effect on the date that is #ahj days after the date of the enactment of this ,act4 ,passed the ,house of ,representatives ,june #h1 #bjbf4;,clerk4