PROOF Act

The head of a State administering a program described in subsection (b) shall, upon receipt of a written request from the Attorney General, provide such information as the Attorney General may require for purposes of investigating or prosecuting alleged fraud committed with regard to such program.

The programs described in this subsection are the following:

(1) A State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (or waiver of such plan).

(2) The supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).

(3) The Temporary Assistance for Needy Families program established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.).

(4) State unemployment compensation programs receiving funding under title III of the Social Security Act (42 U.S.C. 501 et seq.).

(5) The Coronavirus Relief Fund established under section 601 of the Social Security Act (42 U.S.C. 801).

(6) The Coronavirus State and Local Fiscal Recovery Funds established under sections 602 and 603 of the Social Security Act (42 U.S.C. 802, 803).

(7) The Emergency Rental Assistance programs established under section 501 of subtitle A of title V of division N of the Consolidated Appropriations Act, 2021 (15 U.S.C. 9058a) and section 3201 of the American Rescue Plan Act of 2021 (15 U.S.C. 9058c).

(8) Elementary and secondary school emergency relief grants under—

(A) section 18003 of the CARES Act (Public Law 116–136; 20 U.S.C. 3401 note);

(B) section 313 of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (Public Law 116–260; 20 U.S.C. 3401 note); and

(C) section 2001 of the American Rescue Plan Act of 2021 (Public Law 117–2; 20 U.S.C. 3401 note).

(9) The Broadband Equity, Access, and Deployment Program established under section 60102(b)(1) of the Infrastructure Investment and Jobs Act (47 U.S.C. 1702(b)(1)).

(10) The Community Development Block Grant program administered by the Department of Housing and Urban Development under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.).

(11) Public Assistance and Hazard Mitigation grant programs administered by the Federal Emergency Management Agency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

(12) The State Small Business Credit Initiative program established under the Small Business Jobs Act of 2010 (12 U.S.C. 5701 et seq.).

(13) Any other program pursuant to which funds are made available to States identified by the Attorney General as vulnerable to fraud.

The requirement under subsection (a) applies to the following:

(1) Identity verification records.

(2) Benefit disbursement logs.

(3) Provider billing statements.

(4) Demographic information directly related to an active fraud investigation.

(5) Any other information, as determined appropriate by the Attorney General for purposes of the investigation or prosecution of alleged fraud.

The Attorney General shall handle all information obtained under section 2 in accordance with section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974), and, where applicable, the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note).

The Attorney General shall establish information security protocols to ensure that information transferred from a State agency—

(1) is encrypted using industry-standard protocols;

(2) may only be accessed by authorized personnel; and

(3) is destroyed and permanently removed from any database upon the conclusion of the relevant legal proceedings or investigation.

A Federal agency may only use information obtained under this Act for law enforcement purposes related to fraud, and may not disclose such information for any unrelated administrative or commercial purpose.

(1) the number of requests issued to State agencies pursuant to this Act;

(2) the programs with respect to which such requests were made; and

(3) the number of fraud investigations initiated and convictions secured using the information obtained.