PROOF Act

DOJ could get state benefit records

If enacted, the Attorney General would be able to request, in writing, program records from state agencies to investigate or prosecute fraud. Covered programs would include Medicaid, SNAP, TANF, state unemployment benefits, certain COVID-19 relief and rental aid, school relief grants, broadband buildout, community development block grants, FEMA disaster grants, and state small business credit programs. States would have to provide identity checks, payment logs, provider bills, and demographic data tied to an active fraud case, plus other items the Attorney General finds necessary. The Justice Department would have to follow the Privacy Act and, for health data, HIPAA. It would have to use encryption, limit access to authorized staff, and delete the data when the case ends. Federal agencies would only be able to use the information for fraud law enforcement, not for unrelated administrative or commercial uses. The Attorney General would report to Congress one year after enactment and every year after, listing request counts, the programs involved, investigations started, and convictions secured. The act would take effect 60 days after enactment.