Sec. 4. Amendments related to improper payments provisions
992 words·~5 min read·
/bill/117/hr/8322/ih/section-4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chapter 33 of subtitle III of title 31, United States Code, is amended— in section 3351— in paragraph (2), by adding at the end the following: has satisfied the requirements of section 3360 with respect to each high-priority program administered by the agency; and has implemented proactive analytics for one high-risk area in accordance with section 3359(b). ; by redesignating paragraphs (4), (5), (6), (7), and
(8)as paragraphs (5), (6), (8), (9), and (10), respectively; by inserting after paragraph
(3)the following: The term high-priority program means a program designated under section 3360(a). ; and by inserting after paragraph (6), as so redesignated, the following: The term program susceptible to significant improper payments means a program designated under section 3359(a). ; in section 3352— by striking subsections (a), (b), (d), and (e); by redesignating subsections (c), (f), (g), (h), and
(i)as subsections (a), (b), (c), (d), and (e), respectively; in subsection (a)(1), as so redesignated, by striking With respect to each program and activity identified under subsection (a)(1), the head of the relevant executive agency shall and inserting With respect to each program or activity with outlays exceeding $1,500,000,000, the head of the relevant executive agency shall ; ? in subsection (b)(2), as so redesignated— in subparagraph (A), by striking and recovery actions ; in subparagraph (D), by striking ; and and inserting a semicolon; in subparagraph (E), by striking the period at the end and inserting ; and ; and by inserting after subparagraph (E), the following: Governmentwide— any cost avoided by implementing sections 3359 and 3360; any change in administrative burden by implementing sections 3359 and 3360; and the number of persons eligible to obtain a thing of value that did not receive such thing of value because of the implementation of sections 3359 and 3360. ; and in subsection (e), as so redesignated— in paragraph (1)(A), by striking shall and inserting may ; by striking paragraph (3); by redesignating paragraphs
(4)and
(5)as paragraphs
(3)and (4), respectively; and in paragraph (4), as so redesignated, by striking paragraph
(4)and inserting paragraph
(3); in section 3353(a)— by striking before Annual ; and Compliance in paragraph (1), by striking Each fiscal year and inserting Not less frequently than once every 3 fiscal years ; by striking section 3355; and by amending section 3357(d) to read as follows: For each fiscal year, the head of each agency shall submit to Congress, in the report containing the annual financial statement of the agency, a report that includes the following: The progress of the agency in— implementing— the financial and administrative controls required to be established under subsection (c); the fraud risk principles in the standards established by the Government Accountability Office in the Standards for Internal Control in the Federal Government (commonly known as the Green Book); and the requirements in the Office of Management and Budget Circular A–123 with respect to the leading practices for managing fraud risk; identifying fraud risks and vulnerabilities, including with respect to payroll, beneficiary payments, grants, large contracts, and purchase and travel cards; and establishing strategies, procedures, and other steps to curb fraud. In accordance with the report of the Government Accountability Office titled Framework for Managing Fraud Risks in Federal Programs, , published on July 28, 2015, the following: An identification of— the entity of the agency and the personnel of the entity dedicated to leading the fraud risk management activities of the agency; roles and responsibilities of the personnel of such entity, including any program or operation for which the personnel is responsible for overseeing; capacity, including any limitation, of such entity to strategically manage fraud risks; and any program or operation for which there is not personnel dedicated to leading fraud risk management activities, along with a detailed justification for why the agency does not have an dedicated personnel to lead fraud risk management activities. The status of the fraud risk profiles of each program and operation of the agency, including— the date on which the profiles were last updated; and the date on which the agency plans to next update the profile. Any program or operation for which there is not a fraud risk profile, along with a detailed justification for why such program or operation does not have a fraud risk profile. The status of any anti-fraud strategy for each program and operation of the agency, including— the date on which any such strategy was last updated; and the date on which the agency plans to next update each such strategy. Any program or operation for which there is not any anti-fraud strategy, along with a detailed justification for why there is not any anti-fraud strategy for such program or operation. . Section 3806(g)(1) of title 31, United States Code, is amended to read as follows: Except as provided in paragraph (2)— any amount collected under this chapter or chapter 33 shall be used to reimburse any authority that obligated funds in support of efforts of the authority to reduce or prevent improper payments or fraud, including prosecution of the action, any court or hearing costs, investments in information technologies, or the hiring of additional staff related to such efforts; and amounts reimbursed under clause
(i)shall— be deposited in— the appropriations account of the authority from which the funds described in subparagraph
(A)were obligated; any other similar appropriations account of the authority; or if the authority obligated nonappropriated funds, an appropriate account other than any account under item
(aa)or (bb); and remain available until expended. Any amount remaining after reimbursements described in subparagraph
(A)shall be deposited as miscellaneous receipts in the Treasury of the United States. . The Director of the Office of Management and Budget shall delegate to the Administrator of the FRAUD any function of the Director under subchapter IV of chapter 33 of title 31, United States Code, relating to the identification, analysis, and reduction of improper payments and fraud.