[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1991 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1991
To amend chapter 33 of title 31, United States Code, to require
adequate information regarding payments of Federal funds.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 9, 2025
Ms. Ernst (for herself, Mr. Sheehy, Ms. Lummis, Mr. Mullin, Mr. Lee,
Mr. Risch, Mr. Tuberville, Mr. Cramer, Mr. Marshall, Mr. Budd, Mr.
Daines, Mr. Lankford, Mrs. Britt, Mr. Grassley, and Mr. Scott of
Florida) introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To amend chapter 33 of title 31, United States Code, to require
adequate information regarding payments of Federal funds.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Delivering On Government Efficiency
in Spending Act''.
SEC. 2. MANDATORY REPORTING AND VERIFICATION OF PAYMENT INFORMATION.
(a) In General.--Subchapter II of chapter 33 of title 31, United
States Code is amended by adding at the end the following:
``Sec. 3337. Mandatory reporting and verification of payment
information
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' means--
``(A) an executive agency;
``(B) an independent regulatory agency, as defined
in section 3502 of title 44; or
``(C) an entity that--
``(i)(I) is the Congress;
``(II) is a court of the United States;
``(III) is a government of a territory or
possession of the United States; or
``(IV) is the District of Columbia; and
``(ii) uses a Treasury disbursement system.
``(2) Budget justification materials.--The term `budget
justification materials' has the meaning given that term in
section 3(b)(2)(A) of the Federal Funding Accountability and
Transparency Act of 2006 (31 U.S.C. 6101 note).
``(3) Secretary.--The term `Secretary' means the Secretary
of the Treasury.
``(4) Sensitive operations.--The term `sensitive
operations'--
``(A) means an operation of an agency related to a
domestic law enforcement activity or the national
security of the United States with respect to which the
disclosure of information in accordance with subsection
(b) would--
``(i) reasonably lead to death or serious
bodily injury; or
``(ii) result in the disclosure of
information--
``(I) the disclosure of which is
prohibited by law;
``(II) that is classified; or
``(III) that is exempt from
disclosure under section 552(b) of
title 5; and
``(B) includes an operation described in
subparagraph (A) that is carried out in tandem or
coordination with, or in support of, a State, local, or
Tribal government.
``(5) Treasury disbursement system.--The term `Treasury
disbursement system' means any system operated by the Secretary
for the purpose of disbursing public money.
``(b) Mandatory Reporting of Payment Information.--Subject to
subsection (e), for each payment authorized by the head of an agency
that is submitted to a Treasury disbursement system for disbursement by
the Secretary, the head of the agency shall provide to the Secretary,
in such format as the Secretary requires, for inclusion in the Treasury
disbursement system--
``(1) a brief description of the purpose for which the
payment is being made;
``(2) the appropriations account (Treasury Account Symbol,
or any successor thereto) from which the payment is to be
drawn; and
``(3) the type of activity being reported (Business Event
Type Code, or any successor thereto).
``(c) Periodic Updates.--Not less frequently than once each fiscal
year--
``(1) for each payment--
``(A) the certifying official shall evaluate
whether the information collected under subsection (b)
is accurate and complete; and
``(B) the head of each certifying agency shall
provide written confirmation to the disbursing official
attesting to the accuracy of such information; and
``(2) the disbursing official shall consult with the
certifying official to improve the management of the Treasury
disbursement system.
``(d) Public Reporting.--Not later than 30 days after the date on
which each payment that is subject to this subchapter is certified, the
Director of the Office of Management and Budget shall direct the
Secretary, or, if the payment is disbursed by an accountable official
who is not in a position in the Department of the Treasury, the head of
the agency with jurisdiction over the accountable official, to make
available on the public website operated under the Federal Funding
Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note) the
data required to be provided under subsection (b) with respect to the
payment.
``(e) Exemptions.--Subsections (b), (c), and (d) shall not apply to
a payment for which the head of the agency authorizing the payment
verifies to the Secretary that the compliance with such subsections
would adversely impact a sensitive operation for which the payment is
authorized.
``(f) Report.--The head of each agency shall include in a
controlled unclassified informational annex, or in a classified annex
(if the applicable information has been properly classified by an
officer or employee of the agency with original classification
authority), as warranted, of the first budget justification materials
of the agency submitted after the date of enactment of this section,
and all budget justification materials submitted thereafter, a report
that includes, for each payment that was made during the most recent
prior fiscal year and for which the reporting of information was
exempted under subsection (e), aggregated information which would have
been provided to the Secretary under subsection (b), but for the
exemption.''.
(b) Implementation.--The Secretary of the Treasury may issue
regulations or guidance to implement the amendments made by this Act.
(c) Rule of Construction.--Nothing in this section, or an amendment
made by this section, shall be construed to impose a legal liability on
a disbursing official resulting from any action taken pursuant to this
section, or an amendment made by this section.
(d) Conforming Amendment.--The table of sections for chapter 33 of
title 31, United States Code is amended by inserting after the item
relating to section 3336 the following:
``3337. Mandatory reporting and verification of payment information.''.
SEC. 3. DATA ACCESS FOR PURPOSES OF PROGRAM INTEGRITY.
(a) Access to the National Directory of New Hires.--Section 453(j)
of the Social Security Act (42 U.S.C. 653(j)) is amended by adding at
the end the following:
``(12) Information to assist in the prevention of improper
payments.--
``(A) In general.--The Secretary of the Treasury
shall have access to the information in the National
Directory of New Hires for the purpose of identifying,
preventing, and recovering improper payments.
``(B) Redisclosure.--For the purpose of
identifying, preventing, and recovering improper
payments, the Secretary of the Treasury may redisclose
information in the National Directory of New Hires to--
``(i) agents and contractors of the
Secretary of the Treasury;
``(ii) Federal and non-Federal agencies
authorized to receive information in the
National Directory of New Hires directly from
the Secretary; and
``(iii) such additional persons and
entities as agreed to by the Secretary and the
Secretary of the Treasury.''.
(b) Bank Account Verification and Precertification.--Section 3325
of title 31, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``the executive branch'' and inserting ``an
agency''; and
(B) in paragraph (1), by striking ``executive''
each place it appears;
(2) in subsection (d), by striking ``executive'' each place
it appears; and
(3) by adding at the end the following:
``(e)(1) Prior to certifying a voucher to a disbursing official,
the head of an agency or an officer or employee of an agency described
in subparagraph (A) or (B) of subsection (a)(1), as applicable, shall
take necessary actions to accurately disburse payments to the
recipients of those payments, including by--
``(A) verifying the accuracy of the bank account
information to which a payment is to be disbursed; and
``(B) comparing the bank account information of the
proposed recipient to other payment records available to the
agency.
``(2) The Secretary of the Treasury and, with the approval of the
Secretary of the Treasury, the head of the agency having jurisdiction
over a disbursing official, may issue guidance to carry out this
subsection.
``(f) In this section, the term `agency' has the meaning given the
term in section 3337 of this title.''.
(c) Access to Information Covered by FCRA.--
(1) Definitions.--Section 603(k)(1) of the Fair Credit
Reporting Act (15 U.S.C. 1681a(k)(1)) is amended--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) does not include--
``(i) any change to a Federal disbursement,
including the pre-certification termination of
such disbursement, that is--
``(I) based on a consumer report;
and
``(II) made to improve the accuracy
of the disbursement; or
``(ii) any action taken by an authorized
user of the Working System of the Do Not Pay
Initiative authorized by section 3354 of title
31, United States Code, in connection with the
disbursement of a payment, as defined in
section 3351 of that title, that is based on a
consumer report.''.
(2) Permissible uses of consumer reports.--Section 604(a)
of the Fair Credit Reporting Act (15 U.S.C. 1681b(a)) is
amended by adding at the end the following:
``(7) To the Secretary of the Treasury for purposes of
assisting Federal and non-Federal entities identify, prevent,
and recover improper payments, including redisclosing
information in a consumer report to--
``(A) agents and contractors of the Department of
the Treasury; and
``(B) Federal and non-Federal entities authorized
to receive such information directly from the
Secretary.''.
(d) Privacy-Preserving Validation of Select Tax Information.--
(1) In general.--Section 6103(i) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
paragraph:
``(9) Do not pay working system.--
``(A) In general.--In response to an inquiry by the
Secretary with respect to a specific individual, the
Commissioner shall provide the Secretary with any
return information described in subparagraph (B) with
respect to such individual for the applicable period,
in a manner which preserves the confidentiality of such
information, for the purposes of enhancing the Do Not
Pay working system described in section 3354(c) of
title 31, United States Code, which may include
disclosing such information--
``(i) to agents and contractors of the
Department of Treasury who are authorized to
access the Do Not Pay working system, and
``(ii) other Federal agencies and State
agencies that manage Federally-funded State-
administered programs (including agents and
contractors of such agencies) who are
authorized to access the Do Not Pay working
system,
for purposes of using the Do Not Pay working system to
identify, prevent, and recover improper payments.
``(B) Return information.--The return information
described in this subparagraph is the following:
``(i) Taxpayer identification number.
``(ii) Filing status.
``(iii) Adjusted gross income.
``(iv) Income or loss reported on Schedule
C of Form 1040 (or successor forms).
``(v) Filing year.
``(vi) Bank account and routing
information.
``(vii) Any reported identity theft related
to the taxpayer identification number.
``(viii) Whether a tax return was not filed
for any taxable year.
``(C) Applicable period.--For purposes of this
paragraph, the term `applicable period' means, with
respect to any individual, the period--
``(i) consisting of the number of taxable
years specified by the Secretary in the inquiry
made under subparagraph (A) (but not less than
3 taxable years), and
``(ii) ending with the most recently
completed taxable year for which the
information described in such subparagraph is
available.''.
(2) Effective date.--The amendment made by this section
shall apply to disclosures made after the date of the enactment
of this Act.
(e) Access to Social Security Information.--Title II of the Social
Security Act (42 U.S.C. 401 et seq.) is amended by adding at the end
the following new section:
``SEC. 235. DISCLOSURE OF INFORMATION FOR DO NOT PAY SYSTEM.
``(a) In General.--For the purposes described in subsection (b),
the Commissioner of Social Security shall, upon request of the
Secretary of the Treasury, enter into an agreement with the Department
of the Treasury to regularly provide personally identifiable
information held by the Social Security Administration, which shall,
with respect to any individual, include, at a minimum, the name, date
of birth, and Social Security number of such individual.
``(b) Purposes.--Information provided under subsection (a) shall be
used solely for purposes of enhancing the Do Not Pay working system
described in section 3354(c) of title 31, United States Code, with
respect to identifying, preventing, and recovering improper payments,
including fraudulent payments.''.
<all>