,,ii #aaith ,,congress #b;d ,session ,s4 #djbd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #e1 #bjbf ,mr4 ,scott of ,florida introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to strengthen oversight1 accountability1 and recovery of ,federal funds administered through ,state block grants and other pass-through mechanisms1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,federal ,taxpayer ,funds ,protection and ,clawback ,act4 #b4 ,false ,claims ,act amendments 7a7 ,clarification of the definition of claim ,section #cgbi of title #ca1 ,united ,states ,code is amended by adding at the end the following3 7e7 ,rule of construction ,a claim under this section includes any request or demand for money or property in which the money or property originates1 in whole or in part1 from funds appropriated or otherwise provided by the ,united ,states1 including grant award funds distributed through a ,state1 local government1 or other intermediary4 4 7b7 ,state financial liability involving ,federal pass-,through funds ,section #cgbi7;b7 of title #ca1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#c71 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#d71 by striking the period and inserting 2 and2 and 7#c7 by adding at the end the following3 7#e7 the term person-- 7,a7 except as provided in subparagraph 7,b71 has the meaning given in that term in section #a of title #a1 ,united ,states ,code2 and 7,b7 with respect to an action initiated by the ,attorney ,general1 includes a ,state or local government 7or subdivision of a ,state74 4 7c7 ,mandatory accelerated clawback 7#a7 ,in general ,subchapter ,,iii of chapter #cg of title #ca1 ,united ,states ,code1 is amended by inserting after section #cgcj the following3 #cgcj;,a4 ,mandatory interim recovery of ,federal funds 7a7 ,remittance required 7#a7 ,in general ,not later than #ahj days after written notice from the ,attorney ,general or ,inspector ,general with respect to the ,attorney ,general initiating a civil action or intervening in a qui tam action under section #cgcj involving ,federal funds administered by a ,state or ,state agency1 the ,state or ,state agency shall remit to the ,treasury of the ,united ,states an amount equal to #ajj percent of the amount of the ,federal funds at issue in the civil action or qui tam action4 7#b7 ,escrow ,any funds remitted under paragraph 7#a7 shall be held in an escrow account until a final judgment or settlement is made and the time for appeal has expired or any appeal has terminated4 7b7 ,disposition of escrow funds ,a remittance held in escrow under subsection 7a7 shall be-- 7#a7 returned to the general fund for the purposes of deficit reduction if the government prevails in the action or settles the claim2 or 7#b7 returned to the ,state or ,state agency if the action results in dismissal or a final judgment in favor of the defendant4 7c7 ,no ,prejudgment ,no remittance under subsection 7a7 shall be construed as an admission of liability or guilt or have any other bearing on the civil action or its outcome4 7d7 ,mandatory ,the remittance obligation under subsection 7a7 is mandatory and cannot be waived except by ,act of ,congress4 4 7#b7 ,clerical amendment ,the table of sections for subchapter ,,iii of chapter #cg of title #ca1 ,united ,states ,code1 is amended by inserting after the item for section #cgcj the following3 #cgcj;,a4 ,mandatory interim recovery of ,federal funds4 4 #c4 ,certification of inspection and access authority ,as a condition of receiving ,federal funds1 each ,state shall certify that it agrees to abide by all applicable requirements relating to inspections1 audits1 record keeping1 and data sharing for ,federal awards under the applicable ,federal laws and regulations1 including the requirements of part #bjj of title #b1 ,code of ,federal ,regulations 7commonly referred to as the ,uniform ,administrative ,requirements1 ,cost ,principles1 and ,audit ,requirements for ,federal ,awards74 #d4 ,default remedies for noncompliance 7a7 ,in general ,unless otherwise specified in a ,federal statute1 a ,federal agency or pass-through entity may implement specific conditions under section #bjj4bjh of title #b1 ,code of ,federal ,regulations 7or successor regulation71 if the recipient or subrecipient fails to comply with the ,constitution of the ,united ,states1 ,federal law1 regulations1 or terms and conditions of the ,federal award4 7b7 ,default remedies ,unless otherwise specified in a ,federal statute1 if a ,federal agency or pass-through entity determines that noncompliance cannot be remedied by imposing specific conditions under subsection 7a71 the ,federal agency or pass-through entity may take #a or more of the following actions3 7#a7 ,temporarily withhold payments until the recipient or subrecipient takes corrective action4 7#b7 ,disallow costs for all or part of the activity associated with the noncompliance of the recipient or subrecipient4 7#c7 ,suspend or terminate the ,federal award in part or in its entirety4 7#d7 ,initiate suspension or debarment proceedings as authorized under part #ahj of title #b1 ,code of ,federal ,regulations 7or successor regulation71 and the ,federal agency's regulations1 or for pass-through entities1 recommend suspension or debarment proceedings be initiated by the ,federal agency4 7#e7 ,withhold further ,federal funds 7including new awards or continuation of funding7 for the project or program or the recipient or subrecipient4 7#f7 ,pursue other legally available remedies4 #e4 ,employment law violations 7a7 ,mandatory recoupment ,if any recipient or subrecipient of ,federal funds is found1 by final agency determination or court judgment1 to have violated section #bgd;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a71 all ,federal funds provided to such recipient or subrecipient1 directly or indirectly1 shall be immediately recouped by the ,united ,states under section #cgjb of title #ca1 ,united ,states ,code4 7b7 ,permanent ineligibility ,after notice and a hearing1 an entity subject to recoupment under subsection 7a7 may be permanently ineligible to receive ,federal funds4 #f4 ,rule of construction ,nothing in this ,act shall be construed to limit-- 7#a7 criminal prosecution under any provision of ,federal or ,state law2 or 7#b7 the authority of the ,united ,states to pursue additional civil or administrative remedies4 #g4 ,effective date ,this ,act1 and the amendments made by this ,act1 shall take effect #ahj days after the date of enactment of this ,act4