Values for America · Brief for congressional offices

To the office of U.S. Senator Joni Ernst

Re: S 4952 (119th Congress), Protecting American Taxpayers Act · Latest action (2026-07-14): Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 452.
VFA SI Solution #174 · published 2026-07-16 · https://www.valuesforamerica.com/solutions/174
Office of record (Congress.gov): 260 Russell Senate Office Building Washington, DC 20510, Washington, DC · (202) 224-3254

Federal Program Fraud Prevention and Accountability Act of 2025

The measure, as described from the official record: Reduce fraud in federal programs by increasing penalties, expanding data sharing, and creating new oversight mechanisms.

The proposal

This Act combats fraud in federal programs by strengthening existing oversight without expanding federal power beyond Article I, Section 8. It requires each federal agency administering a program with annual outlays over $100 million to establish an internal fraud prevention unit, funded by reallocating 0.5% of the agency's administrative budget. These units shall coordinate with the Government Accountability Office (GAO) to identify and report fraud indicators, but may not share personally identifiable information without a warrant or specific statutory exception under the Privacy Act of 1974. Penalties for fraud against federal programs are increased: for fraud exceeding $10,000, the maximum fine is raised to $500,000 or twice the gain, whichever is greater, and imprisonment up to 10 years. For fraud under $10,000, fines are capped at $50,000 or the loss amount, whichever is less, to avoid Eighth Amendment concerns. All penalties apply only to direct federal programs, not to state-administered block grants, respecting the Tenth Amendment. A new Office of Program Integrity within the Department of Justice is created to prosecute fraud cases referred by agency units, with a budget of $50 million per year from existing DOJ appropriations. The office must report annually to Congress on cases filed, recoveries, and constitutional compliance. This Act sunsets after 5 years, unless reauthorized by Congress with a review of its effectiveness and constitutional impact. Enforcement is through existing federal courts, with the Attorney General authorized to bring civil actions for injunctive relief or damages. No new data-sharing agreements are authorized without explicit congressional approval, preserving Fourth Amendment protections.

Operative provisions (VFA proposal)

funding source: Reallocation of 0.5% from each affected agency's administrative budget; $50 million annually from DOJ existing appropriations.
funding amount: $50 million per year for DOJ office; agency units funded internally.
sunset years: 5 years
oversight body: Government Accountability Office (GAO) for annual review; House and Senate Judiciary Committees for reauthorization.
enforcement mechanism: Federal court civil actions by Attorney General; criminal prosecution by DOJ Office of Program Integrity.
effective date: 180 days after enactment.

Constitutional basis

Article I, Section 8, Clause 1 (Spending Clause)
Article I, Section 8, Clause 18 (Necessary and Proper Clause)
Fourth Amendment
Eighth Amendment
Tenth Amendment

Concerns with the measure as written:

Expanded data sharing across agencies may violate Fourth Amendment protections against unreasonable searches if not limited to specific fraud indicators.
Increased penalties for program fraud may implicate Eighth Amendment excessive fines clause if disproportionate to harm.
New oversight bodies or mandates may exceed enumerated powers if they regulate state-administered federal programs under the Tenth Amendment.

Why both sides can back it (VFA’s assessment)

Honors Democratic priorities: protects privacy by limiting data sharing without warrants, avoids disproportionate penalties, and includes sunset for review. Honors Republican priorities: increases penalties for major fraud, creates dedicated prosecution office, and uses existing funding without new taxes.

Values for America is a nonpartisan, constitution-first SI think tank. This brief is informational. It is a policy proposal, not law, and it does not support or oppose any candidate or party. Full analysis and sources: https://www.valuesforamerica.com/solutions/174 · Methodology: https://www.valuesforamerica.com/methodology