Fraud Accountability and Recovery Act
This bill, titled the Fraud Accountability and Recovery Act, would amend the Foreign Assistance Act of 1961 to restrict U.S. foreign assistance. Specifically, it prohibits the President from providing any assistance under the Foreign Assistance Act to a government that (a) has failed to extradite an individual convicted of fraud against the United States or benefiting from proceeds of such fraud, or (b) has failed to take all appropriate legal, administrative, or enforcement steps to aid in recovering funds fraudulently taken from the U.S. The President would have a narrow waiver option if prohibiting assistance is contrary to national security. The bill also requires a regular State Department report listing noncompliant countries and the related amounts recovered or not recovered. The findings emphasize estimated federal fraud losses and highlight a notable fraud case as context for the measure. In short, the bill would give the United States a diplomatic and funding tool to pressure countries to extradite fraud convicts and cooperate in recovering stolen federal funds, while preserving a presidential waiver in cases of national security concerns and mandating government transparency about noncompliant countries.
Key Points
- 1Adds a new prohibition (subsection z) to Section 620 of the Foreign Assistance Act: no U.S. assistance to a country that (1) fails to extradite a convicted fraud offender or (2) fails to take appropriate measures to help recoup fraudulently obtained U.S. funds.
- 2Scope of aid affected: applies to assistance furnished under the Foreign Assistance Act, effectively restricting most U.S. foreign aid to noncompliant governments.
- 3Waiver mechanism: the President can waive the restriction if certifying that prohibiting aid is contrary to national security; requires a 15-day prior notification to key congressional committees.
- 4Findings and policy rationale: Congress cites large estimated fraud losses and highlights a concrete case ( Feeding Our Future in Minnesota) to justify stronger tools for deterrence and recovery of stolen funds.
- 5Reporting requirement: within 180 days of enactment and annually thereafter, the Secretary of State must report noncompliant countries and detail the amount of fraudulently obtained funds and any recoveries or penalties by country.