H.R. 4311 — Delivering On Government Efficiency in Spending Act

This section establishes requirements under new 31 U.S.C. §3337 for agencies to report and verify information on payments submitted to Treasury disbursement systems. For each payment, the agency head must provide the Secretary of the Treasury with (1) a brief description of the purpose, (2) the appropriations account (Treasury Account Symbol or successor), and (3) the type of activity (Business Event Type Code or successor); at least once each fiscal year, certifying officials must evaluate and confirm the accuracy of such information in writing, with disbursing officials consulting to improve the system; and, within 30 days of certification, the Director of the Office of Management and Budget must direct public posting of the data on the website operated under the Federal Funding Accountability and Transparency Act of 2006 (i.e., USAspending.gov). The requirements do not apply to payments adversely impacting sensitive operations (i.e., law enforcement or national security activities risking death, serious injury, or prohibited/classified/FOIA-exempt disclosures, including those supporting state, local, or Tribal governments), which agencies must report in aggregated form in budget justification materials (in a controlled unclassified or classified annex). The Secretary of the Treasury may issue regulations or guidance, and no legal liability attaches to disbursing officials.

This section expands access to certain federal databases for the Secretary of the Treasury and the Do Not Pay working system (i.e., a system under 31 U.S.C. §3354 that assists agencies in identifying and preventing improper payments prior to disbursement) to enhance program integrity, as follows: (1) amends SSA §453(j) to authorize Treasury access to the National Directory of New Hires to identify, prevent, and recover improper payments, with redisclosure to specified agents, contractors, agencies, and others; (2) revises 31 U.S.C. §3325 to require agency heads to verify bank account information and compare it to other records prior to certifying vouchers for disbursement (adding subsection (e)), replaces references to the "executive branch" with "an agency," and defines "agency"; (3) amends FCRA §603(k)(1) (15 U.S.C. 1681a(k)(1)) to exclude from the definition of identity theft (i) federal disbursement changes, including precertification terminations based on consumer reports to improve accuracy, and (ii) Do Not Pay system actions based on consumer reports; and adds to FCRA §604(a) (15 U.S.C. 1681b(a)) a permissible purpose allowing Treasury use of consumer reports to assist in identifying, preventing, and recovering improper payments, with redisclosure to specified parties; (4) amends IRC §6103(i) to require the IRS Commissioner, upon Treasury inquiry, to provide privacy-preserving taxpayer information (e.g., TIN, filing status, adjusted gross income, Schedule C income/loss, bank details, identity theft indicators, non-filing status) for at least the prior three taxable years to enhance the Do Not Pay system, with redisclosure to authorized users (effective for disclosures after enactment); and (5) adds new SSA §235 to authorize disclosure of Social Security information for the Do Not Pay system.