§ 3357. Financial and administrative controls relating to fraud and improper payments

420 words·~2 min read·/usc/title-31/section-3357

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(a)Definition.— In this section, the term “agency” has the meaning given the term in section 551 of title 5.

(b)Guidelines.— The guidelines required to be established under section 3(a) of the Fraud Reduction and Data Analytics Act of 2015, as in effect on the day before the date of enactment of this section—

(1)shall continue to be in effect on and after the date of enactment of this section; and

(2)may be periodically modified by the Director of the Office of Management and Budget, in consultation with the Comptroller General of the United States, as the Director and Comptroller General may determine necessary.

(c)Requirements for Controls.— The guidelines described in subsection

(b)shall include—

(1)conducting an evaluation of fraud risks and using a risk-based approach to design and implement financial and administrative control activities to mitigate identified fraud risks;

(2)collecting and analyzing data from reporting mechanisms on detected fraud to monitor fraud trends and using that data and information to continuously improve fraud prevention controls; and

(3)using the results of monitoring, evaluation, audits, and investigations to improve fraud prevention, detection, and response.

(d)Report.— For each of fiscal years 2019 and 2020, each agency shall submit to Congress, as part of the annual financial report of the agency, a report of the agency on—

(1)implementing—

(A)the financial and administrative controls described in subsection (b);

(B)the fraud risk principle in the Standards for Internal Control in the Federal Government published by the Government Accountability Office (commonly known as the “Green Book”); and

(C)Office of Management and Budget Circular A–123, or any successor thereto, with respect to the leading practices for managing fraud risk;

(2)identifying risks and vulnerabilities to fraud, including with respect to payroll, beneficiary payments, grants, large contracts, and purchase and travel cards; and

(3)establishing strategies, procedures, and other steps to curb fraud.

(Added Pub. L. 116–117, § 2(a), Mar. 2, 2020, 134 Stat. 131.)

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