[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1508 Enrolled Bill (ENR)]
S.1508
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
An Act
To amend the Improper Payments Information Act of 2002 (31 U.S.C. 3321
note) in order to prevent the loss of billions in taxpayer dollars.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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This Act may be cited as the ``Improper Payments Elimination and
Recovery Act of 2010''.

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(a) Definitions.--In this section:
(1) Agency.--The term ``agency'' has the meaning given under
section 2(f) of the Improper Payments Information Act of 2002 (31
U.S.C. 3321 note) as redesignated by this Act.
(2) Annual financial statement.--The term ``annual financial
statement'' means the annual financial statement required under
section 3515 of title 31, United States Code, or similar provision
of law.
(3) Compliance.--The term ``compliance'' means that the
agency--
(A) has published an annual financial statement for the
most recent fiscal year and posted that report and any
accompanying materials required under guidance of the Office of
Management and Budget on the agency website;
(B) if required, has conducted a program specific risk
assessment for each program or activity that conforms with
section 2(a) the Improper Payments Information Act of 2002 (31
U.S.C. 3321 note); and
(C) if required, publishes improper payments estimates for
all programs and activities identified under section 2(b) of
the Improper Payments Information Act of 2002 (31 U.S.C. 3321
note) in the accompanying materials to the annual financial
statement;
(D) publishes programmatic corrective action plans prepared
under section 2(c) of the Improper Payments Information Act of
2002 (31 U.S.C. 3321 note) that the agency may have in the
accompanying materials to the annual financial statement;
(E) publishes improper payments reduction targets
established under section 2(c) of the Improper Payments
Information Act of 2002 (31 U.S.C. 3321 note) that the agency
may have in the accompanying materials to the annual financial
statement for each program assessed to be at risk, and is
meeting such targets; and
(F) has reported an improper payment rate of less than 10
percent for each program and activity for which an estimate was
published under section 2(b) of the Improper Payments
Information Act of 2002 (31 U.S.C. 3321 note).
(b) Annual Compliance Report by Inspectors General of Agencies.--
Each fiscal year, the Inspector General of each agency shall determine
whether the agency is in compliance and submit a report on that
determination to--
(1) the head of the agency;
(2) the Committee on Homeland Security and Governmental Affairs
of the Senate;
(3) the Committee on Oversight and Governmental Reform of the
House of Representatives; and
(4) the Comptroller General.
(c) Remediation.--
(1) Noncompliance.--
(A) In general.--If an agency is determined by the
Inspector General of that agency not to be in compliance under
subsection (b) in a fiscal year, the head of the agency shall
submit a plan to Congress describing the actions that the
agency will take to come into compliance.
(B) Plan.--The plan described under subparagraph (A) shall
include--
(i) measurable milestones to be accomplished in order
to achieve compliance for each program or activity;
(ii) the designation of a senior agency official who
shall be accountable for the progress of the agency in
coming into compliance for each program or activity; and
(iii) the establishment of an accountability mechanism,
such as a performance agreement, with appropriate
incentives and consequences tied to the success of the
official designated under clause (ii) in leading the
efforts of the agency to come into compliance for each
program and activity.
(2) Noncompliance for 2 fiscal years.--
(A) In general.--If an agency is determined by the
Inspector General of that agency not to be in compliance under
subsection (b) for 2 consecutive fiscal years for the same
program or activity, and the Director of the Office of
Management and Budget determines that additional funding would
help the agency come into compliance, the head of the agency
shall obligate additional funding, in an amount determined by
the Director, to intensified compliance efforts.
(B) Funding.--In providing additional funding described
under subparagraph (A), the head of an agency shall use any
reprogramming or transfer authority available to the agency. If
after exercising that reprogramming or transfer authority
additional funding is necessary to obligate the full level of
funding determined by the Director of the Office of Management
and Budget under subparagraph (A), the agency shall submit a
request to Congress for additional reprogramming or transfer
authority.
(3) Reauthorization and statutory proposals.--If an agency is
determined by the Inspector General of that agency not to be in
compliance under subsection (b) for more than 3 consecutive fiscal
years for the same program or activity, the head of the agency
shall, not later than 30 days after such determination, submit to
Congress--
(A) reauthorization proposals for each program or activity
that has not been in compliance for 3 or more consecutive
fiscal years; or
(B) proposed statutory changes necessary to bring the
program or activity into compliance.
(d) Compliance Enforcement Pilot Programs.--
(1) In general.--The Director of the Office of Management and
Budget may establish 1 or more pilot programs which shall test
potential accountability mechanisms with appropriate incentives and
consequences tied to success in ensuring compliance with this Act
and eliminating improper payments.
(2) Report.--Not later than 5 years after the date of enactment
of this Act, the Director of the Office of Management and Budget
shall submit a report to Congress on the findings associated with
any pilot programs conducted under paragraph (1). The report shall
include any legislative or other recommendations that the Director
determines necessary.
(e) Report on Chief Financial Officers Act of 1990.--Not later than
1 year after the date of the enactment of this Act, the Chief Financial
Officers Council established under section 302 of the Chief Financial
Officers Act of 1990 (31 U.S.C. 901 note) and the Council of Inspectors
General on Integrity and Efficiency established under section 7 of the
Inspector General Reform Act of 2009 (Public Law 110-409), in
consultation with a broad cross-section of experts and stakeholders in
Government accounting and financial management shall--
(1) jointly examine the lessons learned during the first 20
years of implementing the Chief Financial Officers Act of 1990 (31
U.S.C. 901) and identify reforms or improvements, if any, to the
legislative and regulatory compliance framework for Federal
financial management that will optimize Federal agency efforts to--
(A) publish relevant, timely, and reliable reports on
Government finances; and
(B) implement internal controls that mitigate the risk for
fraud, waste, and error in Government programs; and
(2) jointly submit a report on the results of the examination
to--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Committee on Oversight and Government Reform of the
House of Representatives; and
(C) the Comptroller General.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Improper Payments Elimination and Recovery Act of 2010 — S. 1508

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