S. 375 

One Hundred Sixteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Friday, 

the third day of January, two thousand and twenty 

An Act 

To improve efforts to identify and reduce Governmentwide improper payments, 

and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Payment Integrity Information 

Act of 2019’’. 

SEC. 2. IMPROPER PAYMENTS. 

(a) IN GENERAL.—Chapter 33 of title 31, United States Code, 

is amended by adding at the end the following: 

‘‘Subchapter IV—Improper Payments 

‘‘§ 3351. Definitions 

‘‘In this subchapter: 

‘‘(1) ANNUAL FINANCIAL STATEMENT.—The term ‘annual 

financial statement’ means the annual financial statement 

required under section 3515 of this title or similar provision 

of law. 

‘‘(2) COMPLIANCE.—The term ‘compliance’ means that an 

executive agency— 

‘‘(A) has— 

‘‘(i) published improper payments information with 

the annual financial statement of the executive agency 

for the most recent fiscal year; and 

‘‘(ii) posted on the website of the executive agency 

that statement and any accompanying materials 

required under guidance of the Office of Management 

and Budget; 

‘‘(B) if required, has conducted a program specific risk 

assessment for each program or activity that conforms 

with the requirements under section 3352(a); 

‘‘(C) if required, publishes improper payments estimates for all programs and activities identified under section 3352(a) in the accompanying materials to the annual 

financial statement; 

‘‘(D) publishes programmatic corrective action plans 

prepared under section 3352(d) that the executive agency 

may have in the accompanying materials to the annual 

financial statement; 

‘‘(E) publishes improper payments reduction targets 

established under section 3352(d) that the executive agency 
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may have in the accompanying materials to the annual 

financial statement for each program or activity assessed 

to be at risk, and has demonstrated improvements and 

developed a plan to meet the reduction 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 3352(c). 

‘‘(3) DO NOT PAY INITIATIVE.—The term ‘Do Not Pay Initiative’ means the initiative described in section 3354(b). 

‘‘(4) IMPROPER PAYMENT.—The term ‘improper payment’— 

‘‘(A) means any payment that should not have been 

made or that was made in an incorrect amount, including 

an overpayment or underpayment, under a statutory, 

contractual, administrative, or other legally applicable 

requirement; and 

‘‘(B) includes— 

‘‘(i) any payment to an ineligible recipient; 

‘‘(ii) any payment for an ineligible good or service; 

‘‘(iii) any duplicate payment; 

‘‘(iv) any payment for a good or service not 

received, except for those payments where authorized 

by law; and 

‘‘(v) any payment that does not account for credit 

for applicable discounts. 

‘‘(5) PAYMENT.—The term ‘payment’ means any transfer 

or commitment for future transfer of Federal funds such as 

cash, securities, loans, loan guarantees, and insurance subsidies 

to any non-Federal person or entity or a Federal employee, 

that is made by a Federal agency, a Federal contractor, a 

Federal grantee, or a governmental or other organization 

administering a Federal program or activity. 

‘‘(6) PAYMENT FOR AN INELIGIBLE GOOD OR SERVICE.—The 

term ‘payment for an ineligible good or service’ includes a 

payment for any good or service that is rejected under any 

provision of any contract, grant, lease, cooperative agreement, 

or other funding mechanism. 

‘‘(7) RECOVERY AUDIT.—The term ‘recovery audit’ means 

a recovery audit described in section 3352(i). 

‘‘(8) STATE.—The term ‘State’ means each State of the 

United States, the District of Columbia, each territory or possession of the United States, and each Federally recognized Indian 

tribe. 

‘‘§ 3352. Estimates of improper payments and reports on 

actions to reduce improper payments 

‘‘(a) IDENTIFICATION OF SUSCEPTIBLE PROGRAMS AND ACTIVITIES.— 

‘‘(1) IN GENERAL.—The head of each executive agency shall, 

in accordance with guidance prescribed by the Director of the 

Office of Management and Budget— 

‘‘(A) periodically review all programs and activities that 

the head of the executive agency administers; and 

‘‘(B) identify all programs and activities with outlays 

exceeding the statutory threshold dollar amount described 

in paragraph (3)(A)(i) that may be susceptible to significant 

improper payments. 
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‘‘(2) FREQUENCY.—A review under paragraph (1) shall be 

performed for each program and activity that the head of an 

executive agency administers not less frequently than once 

every 3 fiscal years. 

‘‘(3) RISK ASSESSMENTS.— 

‘‘(A) DEFINITION OF SIGNIFICANT.—In this paragraph, 

the term ‘significant’ means that, in the preceding fiscal 

year, the sum of a program or activity’s improper payments 

and payments whose propriety cannot be determined by 

the executive agency due to lacking or insufficient documentation may have exceeded— 

‘‘(i) $10,000,000 of all reported program or activity 

payments of the executive agency made during that 

fiscal year and 1.5 percent of program outlays; or 

‘‘(ii) $100,000,000. 

‘‘(B) SCOPE.—In conducting a review under paragraph 

(1), the head of each executive agency shall take into 

account those risk factors that are likely to contribute 

to a susceptibility to significant improper payments, such 

as— 

‘‘(i) whether the program or activity reviewed is 

new to the executive agency; 

‘‘(ii) the complexity of the program or activity 

reviewed; 

‘‘(iii) the volume of payments made through the 

program or activity reviewed; 

‘‘(iv) whether payments or payment eligibility 

decisions are made outside of the executive agency, 

such as by a State or local government; 

‘‘(v) recent major changes in program funding, 

authorities, practices, or procedures; 

‘‘(vi) the level, experience, and quality of training 

for personnel responsible for making program eligibility determinations or certifying that payments are 

accurate; 

‘‘(vii) significant deficiencies in the audit report 

of the executive agency or other relevant management 

findings that might hinder accurate payment certification; 

‘‘(viii) similarities to other programs or activities 

that have reported improper payment estimates or 

been deemed susceptible to significant improper payments; 

‘‘(ix) the accuracy and reliability of improper payment estimates previously reported for the program 

or activity, or other indicator of potential susceptibility 

to improper payments identified by the Inspector General of the executive agency, the Government Accountability Office, other audits performed by or on behalf 

of the Federal, State, or local government, disclosures 

by the executive agency, or any other means; 

‘‘(x) whether the program or activity lacks information or data systems to confirm eligibility or provide 

for other payment integrity needs; and 

‘‘(xi) the risk of fraud as assessed by the executive 

agency under the Standards for Internal Control in 

the Federal Government published by the Government 
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Accountability Office (commonly known as the ‘Green 

Book’). 

‘‘(C) ANNUAL REPORT.—Each executive agency shall 

publish an annual report that includes— 

‘‘(i) a listing of each program or activity identified 

under paragraph (1), including the date on which the 

program or activity was most recently assessed for 

risk under paragraph (1); and 

‘‘(ii) a listing of any program or activity for which 

the executive agency makes any substantial changes 

to the methodologies of the reviews conducted under 

paragraph (1). 

‘‘(b) IMPROVING THE DETERMINATION OF IMPROPER PAYMENTS.— 

‘‘(1) IN GENERAL.—The Director of the Office of Management and Budget shall on an annual basis— 

‘‘(A) identify a list of high-priority Federal programs 

for greater levels of oversight and review— 

‘‘(i) in which the highest dollar value or highest 

rate of improper payments occur; or 

‘‘(ii) for which there is a higher risk of improper 

payments; and 

‘‘(B) in coordination with the executive agency responsible for administering a high-priority program identified 

under subparagraph (A), establish annual targets and semiannual or quarterly actions for reducing improper payments associated with the high-priority program. 

‘‘(2) REPORT ON HIGH-PRIORITY IMPROPER PAYMENTS.— 

‘‘(A) IN GENERAL.—Subject to Federal privacy policies 

and to the extent permitted by law, each executive agency 

with a program identified under paragraph (1)(A) shall 

on an annual basis submit to the Inspector General of 

the executive agency and the Office of Management and 

Budget, and make available to the public, including through 

a website, a report on that program. 

‘‘(B) CONTENTS.—Each report submitted under 

subparagraph (A)— 

‘‘(i) shall describe any action the executive 

agency— 

‘‘(I) has taken or plans to take to recover 

improper payments; and 

‘‘(II) intends to take to prevent future improper 

payments; and 

‘‘(ii) shall not include— 

‘‘(I) any referrals the executive agency made 

or anticipates making to the Department of Justice; or 

‘‘(II) any information provided in connection 

with a referral described in subclause (I). 

‘‘(C) PUBLIC AVAILABILITY ON CENTRAL WEBSITE.—The 

Office of Management and Budget shall make each report 

submitted under subparagraph (A) available on a central 

website. 

‘‘(D) AVAILABILITY OF INFORMATION TO INSPECTOR GENERAL.—Subparagraph (B)(ii) shall not prohibit any referral 

or information being made available to an Inspector General as otherwise provided by law. 
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‘‘(E) ASSESSMENT AND RECOMMENDATIONS.—The 

Inspector General of each executive agency that submits 

a report under subparagraph (A) shall, for each program 

of the executive agency that is identified under paragraph 

(1)(A)— 

‘‘(i) review— 

‘‘(I) the assessment of the level of risk associated with the program and the quality of the 

improper payment estimates and methodology of 

the executive agency relating to the program; and 

‘‘(II) the oversight or financial controls to identify and prevent improper payments under the 

program; and 

‘‘(ii) submit to the appropriate authorizing and 

appropriations committees of Congress recommendations, which may be included in another report submitted by the Inspector General to Congress, for modifying any plans of the executive agency relating to 

the program, including improvements for improper 

payments determination and estimation methodology. 

‘‘(F) ANNUAL MEETING.—Not less frequently than once 

every year, the head of each executive agency with a program identified under paragraph (1)(A), or a designee of 

the head of the executive agency, shall meet with the 

Director of the Office of Management and Budget, or a 

designee of the Director, to report on actions taken during 

the preceding year and planned actions to prevent improper 

payments. 

‘‘(c) ESTIMATION OF IMPROPER PAYMENTS.— ‘‘(1) ESTIMATION.—With respect to each program and 

activity identified under subsection (a)(1), the head of the relevant executive agency shall— 

‘‘(A) produce a statistically valid estimate, or an estimate that is otherwise appropriate using a methodology 

approved by the Director of the Office of Management 

and Budget, of the improper payments made under the 

program or activity; and 

‘‘(B) include the estimates described in subparagraph 

(A) in the accompanying materials to the annual financial 

statement of the executive agency and as required in 

applicable guidance of the Office of Management and 

Budget. 

‘‘(2) LACKING OR INSUFFICIENT DOCUMENTATION.— 

‘‘(A) IN GENERAL.—For the purpose of producing an 

estimate under paragraph (1), when the executive agency 

cannot determine, due to lacking or insufficient documentation, whether a payment is proper or not, the payment 

shall be treated as an improper payment. 

‘‘(B) SEPARATE REPORT.—The head of an executive 

agency may report separately on what portion of the 

improper payments estimate for a program or activity of 

the executive agency under paragraph (1) is attributable 

to lacking or insufficient documentation. 

‘‘(d) REPORTS ON ACTIONS TO REDUCE IMPROPER PAYMENTS.— 

With respect to any program or activity of an executive agency 

with estimated improper payments under subsection (c), the head 

of the executive agency shall provide with the estimate required 
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under subsection (c) a report on what actions the executive agency 

is taking to reduce improper payments, including— 

‘‘(1) a description of the causes of the improper payments, 

actions planned or taken to correct those causes, and the 

planned or actual completion date of the actions taken to 

address those causes; 

‘‘(2) in order to reduce improper payments to a level below 

which further expenditures to reduce improper payments would 

cost more than the amount those expenditures would save 

in prevented or recovered improper payments, a statement 

of whether the executive agency has what is needed with 

respect to— 

‘‘(A) internal controls; 

‘‘(B) human capital; and 

‘‘(C) information systems and other infrastructure; 

‘‘(3) if the executive agency does not have sufficient 

resources to establish and maintain effective internal controls 

as described in paragraph (2)(A), a description of the resources 

the executive agency has requested in the budget submission 

of the executive agency to establish and maintain those internal 

controls; 

‘‘(4) program-specific and activity-specific improper payments reduction targets that have been approved by the 

Director of the Office of Management and Budget; 

‘‘(5) a description of the steps the executive agency has 

taken to ensure that executive agency managers, programs, 

and, where appropriate, States and local governments are held 

accountable through annual performance appraisal criteria 

for— 

‘‘(A) meeting applicable improper payments reduction 

targets; and 

‘‘(B) establishing and maintaining sufficient internal 

controls, including an appropriate control environment, 

that effectively— 

‘‘(i) prevent improper payments from being made; 

and 

‘‘(ii) promptly detect and recover improper payments that are made; and 

‘‘(6) a description of how the level of planned or completed 

actions by the executive agency to address the causes of the 

improper payments matches the level of improper payments, 

including a breakdown by category of improper payment and 

specific timelines for completion of those actions. 

‘‘(e) REPORTS ON ACTIONS TO RECOVER IMPROPER PAYMENTS.— 

With respect to improper payments identified in a recovery audit, 

the head of the executive agency shall provide with the estimate 

required under subsection (c) a report on all actions the executive 

agency is taking to recover the improper payments, including— 

‘‘(1) a discussion of the methods used by the executive 

agency to recover improper payments; 

‘‘(2) the amounts recovered, outstanding, and determined 

to not be collectable, including the percent those amounts represent of the total improper payments of the executive agency; 

‘‘(3) if a determination has been made that certain improper 

payments are not collectable, a justification of that determination; 

‘‘(4) an aging schedule of the amounts outstanding; 
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‘‘(5) a summary of how recovered amounts have been disposed of; 

‘‘(6) a discussion of any conditions giving rise to improper 

payments and how those conditions are being resolved; and 

‘‘(7) if the executive agency has determined under subsection (i) that performing recovery audits for any applicable 

program or activity is not cost-effective, a justification for that 

determination. 

‘‘(f) GOVERNMENTWIDE REPORTING OF IMPROPER PAYMENTS AND

ACTIONS TO RECOVER IMPROPER PAYMENTS.— 

‘‘(1) REPORT.—Each fiscal year, the Director of the Office 

of Management and Budget shall submit a report with respect 

to the preceding fiscal year on actions that executive agencies 

have taken to report information regarding improper payments 

and actions to recover improper payments to— 

‘‘(A) the Committee on Homeland Security and Governmental Affairs of the Senate; 

‘‘(B) the Committee on Oversight and Reform of the 

House of Representatives; and 

‘‘(C) the Comptroller General of the United States. 

‘‘(2) CONTENTS.—Each report required under paragraph (1) 

shall include— 

‘‘(A) a summary of the reports of each executive agency 

on improper payments and recovery actions submitted 

under this section; 

‘‘(B) an identification of the compliance status of each 

executive agency, as determined by the Inspector General 

of the executive agency under section 3353, to which this 

section applies; 

‘‘(C) Governmentwide improper payment reduction targets; 

‘‘(D) a Governmentwide estimate of improper payments; and 

‘‘(E) a discussion of progress made towards meeting 

Governmentwide improper payment reduction targets. 

‘‘(g) GUIDANCE BY THE OFFICE OF MANAGEMENT AND BUDGET.— 

‘‘(1) IN GENERAL.—Not later than 1 year after the date 

of enactment of this section, the Director of the Office of 

Management and Budget shall prescribe guidance for executive 

agencies to implement the requirements of this section, which 

shall not include any exemptions to those requirements that 

are not specifically authorized by this section. 

‘‘(2) CONTENTS.—The guidance under paragraph (1) shall 

prescribe— 

‘‘(A) the form of the reports on actions to reduce 

improper payments, recovery actions, and Governmentwide 

reporting; and 

‘‘(B) strategies for addressing risks and establishing 

appropriate prepayment and postpayment internal controls. 

‘‘(h) DETERMINATIONS OF AGENCY READINESS FOR OPINION ON

INTERNAL CONTROL.—The criteria required to be developed under 

section 2(g) of the Improper Payments Elimination and Recovery 

Act of 2010, 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 
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‘‘(2) may be modified as determined appropriate by the 

Director of the Office of Management and Budget. 

‘‘(i) RECOVERY AUDITS.— 

‘‘(1) IN GENERAL.— 

‘‘(A) CONDUCT OF AUDITS.—Except as provided under 

paragraph (3) and if not prohibited under any other provision of law, the head of each executive agency shall conduct 

recovery audits with respect to each program and activity 

of the executive agency that expends $1,000,000 or more 

annually if conducting the audits would be cost effective. 

‘‘(B) PROCEDURES.—In conducting a recovery audit 

under this subsection, the head of an executive agency— 

‘‘(i) shall give priority to the most recent payments 

and to payments made in any program identified as 

susceptible to significant improper payments under 

subsection (a); 

‘‘(ii) shall implement this subsection in a manner 

designed to ensure the greatest financial benefit to 

the Federal Government; and 

‘‘(iii) may conduct the recovery audit directly, by 

using other departments and agencies of the United 

States, or by procuring performance of recovery audits 

by private sector sources by contract, subject to the 

availability of appropriations, or by any combination 

thereof. 

‘‘(C) RECOVERY AUDIT CONTRACTS.—With respect to a 

recovery audit procured by an executive agency by contract— 

‘‘(i) subject to subparagraph (B)(iii), and except 

to the extent such actions are outside the authority 

of the executive agency under section 7103 of title 

41, the head of the executive agency may authorize 

the contractor to— 

‘‘(I) notify entities, including individuals, of 

potential overpayments made to those entities; 

‘‘(II) respond to questions concerning potential 

overpayments; and 

‘‘(III) take other administrative actions with 

respect to an overpayment claim made or to be 

made by the executive agency; and 

‘‘(ii) the contractor shall not have the authority 

to make a final determination relating to whether any 

overpayment occurred or whether to compromise, 

settle, or terminate an overpayment claim. 

‘‘(D) CONTRACT TERMS AND CONDITIONS.— 

‘‘(i) IN GENERAL.—The executive agency shall 

include in each contract for procurement of performance of a recovery audit a requirement that the contractor shall— 

‘‘(I) provide to the executive agency periodic 

reports on conditions giving rise to overpayments 

identified by the contractor and any recommendations on how to mitigate those conditions; 

‘‘(II) notify the executive agency of any overpayments identified by the contractor pertaining 

to the executive agency or to any other executive 
S. 375—9 

agency that are beyond the scope of the contract; 

and 

‘‘(III) report to the executive agency credible 

evidence of fraud or vulnerabilities to fraud and 

conduct appropriate training of personnel of the 

contractor on identification of fraud. 

‘‘(ii) REPORTS ON ACTIONS TAKEN.—Each executive 

agency shall, on an annual basis, include in annual 

financial statement of the executive agency a report 

on actions taken by the executive agency during the 

preceding fiscal year to address the recommendations 

described in clause (i)(I). 

‘‘(E) AGENCY ACTION FOLLOWING NOTIFICATION.—Each 

executive agency shall— 

‘‘(i) take prompt and appropriate action in response 

to a report or notification by a contractor under subclause (I) or (II) of subparagraph (D)(i) to collect an 

overpayment; and 

‘‘(ii) forward to other executive agencies any 

information that applies to that executive agency. 

‘‘(2) DISPOSITION OF AMOUNTS RECOVERED.— 

‘‘(A) IN GENERAL.—Amounts collected by executive 

agencies each fiscal year through recovery audits shall 

be treated in accordance with this paragraph. 

‘‘(B) DISTRIBUTION.—The head of an executive agency 

shall determine the distribution of collected amounts 

described in subparagraph (A), less amounts needed to 

fulfill the purposes of section 3562(a) of this title, in accordance with subparagraphs (C), (D), and (E). 

‘‘(C) USE FOR FINANCIAL MANAGEMENT IMPROVEMENT

PROGRAM.—Not more than 25 percent of the amounts collected by an executive agency through recovery audits— 

‘‘(i) shall be available to the head of the executive 

agency to carry out the financial management improvement program of the executive agency under paragraph 

(3); 

‘‘(ii) may be credited, if applicable, for the purpose 

described in clause (i) by the head of an executive 

agency to any executive agency appropriations and 

funds that are available for obligation at the time 

of collection; and 

‘‘(iii) shall be used to supplement and not supplant 

any other amounts available for the purpose described 

in clause (i) and shall remain available until expended. 

‘‘(D) USE FOR ORIGINAL PURPOSE.—Not more than 25 

percent of the amounts collected by an executive agency 

through recovery audits— 

‘‘(i) shall be credited to the appropriation or fund, 

if any, available for obligation at the time of collection 

for the same general purposes as the appropriation 

or fund from which the overpayment was made; 

‘‘(ii) shall remain available for the same period 

and purposes as the appropriation or fund to which 

credited; and 

‘‘(iii) if the appropriation from which an overpayment was made has expired— 
S. 375—10 

‘‘(I) in the case of recoveries of overpayments 

that are made from a trust or special fund account, 

shall revert to that account; and 

‘‘(II) in the case of other recoveries of overpayments— 

‘‘(aa) for amounts that are recovered more 

than 5 fiscal years from the last fiscal year 

in which the funds were available for obligation, shall be deposited in the Treasury as 

miscellaneous receipts; and 

‘‘(bb) for other amounts, shall be newly 

available for the same time period as the funds 

were originally available for obligation. 

‘‘(E) USE FOR INSPECTOR GENERAL ACTIVITIES.—Not 

more than 5 percent of the amounts collected by an executive agency through recovery audits— 

‘‘(i) shall be available to the Inspector General 

of that executive agency for— 

‘‘(I) the Inspector General to carry out this 

Act; or 

‘‘(II) any other activities of the Inspector General relating to investigating improper payments 

or auditing internal controls associated with payments; and 

‘‘(ii) shall remain available for the same period 

and purposes as the appropriation or fund to which 

credited. 

‘‘(F) REMAINDER.—Amounts collected that are not 

applied in accordance with subparagraph (B), (C), (D), or 

(E) shall be deposited in the Treasury as miscellaneous 

receipts, except that in the case of recoveries of overpayments that are made from trust or special fund accounts, 

those amounts shall revert to those accounts. 

‘‘(G) DISCRETIONARY AMOUNTS.—This paragraph shall 

apply only to recoveries of overpayments that are made 

from discretionary appropriations, as defined in section 

250(c)(7) of the Balanced Budget and Emergency Deficit 

Control Act of 1985 (2 U.S.C. 900(c)(7)), and shall not 

apply to recoveries of overpayments that are made from 

discretionary amounts that were appropriated before the 

date of enactment of the Improper Payments Elimination 

and Recovery Act of 2010, as in effect on the day before 

the date of enactment of this section. 

‘‘(H) APPLICATION.—This paragraph shall not apply to 

the recovery of an overpayment if the appropriation from 

which the overpayment was made has not expired. 

‘‘(3) FINANCIAL MANAGEMENT IMPROVEMENT PROGRAM.— 

‘‘(A) REQUIREMENT.—The head of each executive agency 

shall conduct a financial management improvement program consistent with rules prescribed by the Director of 

the Office of Management and Budget. 

‘‘(B) PROGRAM FEATURES.—In conducting a program 

described in subparagraph (A), the head of an executive 

agency— 

‘‘(i) shall, as the first priority of the program, 

address problems that contribute directly to executive 

agency improper payments; and 
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‘‘(ii) may seek to reduce errors and waste in other 

executive agency programs and operations. 

‘‘(4) PRIVACY PROTECTIONS.—Any nongovernmental entity 

that, in the course of recovery auditing or recovery activity 

under this subsection, obtains information that identifies an 

individual or with respect to which there is a reasonable basis 

to believe that the information can be used to identify an 

individual, may not disclose the information for any purpose 

other than the recovery auditing or recovery activity and 

governmental oversight of the activity, unless disclosure for 

that other purpose is authorized by the individual to the executive agency that contracted for the performance of the recovery 

auditing or recovery activity. 

‘‘(5) RULE OF CONSTRUCTION.—Except as provided under 

paragraph (4), nothing in this subsection shall be construed 

as terminating or in any way limiting authorities that are 

otherwise available to executive agencies under existing provisions of law to recover improper payments and use recovered 

amounts. 

‘‘§ 3353. Compliance 

‘‘(a) ANNUAL COMPLIANCE REPORT BY INSPECTORS GENERAL OF

EXECUTIVE AGENCIES.— 

‘‘(1) IN GENERAL.—Each fiscal year, the Inspector General 

of each executive agency shall— 

‘‘(A) determine whether the executive agency is in 

compliance; and 

‘‘(B) submit a report on the determination made under 

subparagraph (A) to— 

‘‘(i) the head of the executive agency; 

‘‘(ii) the Committee on Homeland Security and 

Governmental Affairs of the Senate; 

‘‘(iii) the Committee on Oversight and Reform of 

the House of Representatives; and 

‘‘(iv) the Comptroller General of the United States. 

‘‘(2) DEVELOPMENT OR USE OF A CENTRAL WEBSITE.—The 

Council of the Inspectors General on Integrity and Efficiency 

(in this subsection referred to as the ‘Council’) shall develop 

a public central website, or make use of a public central website 

in existence on the date of enactment of this section, to contain 

individual compliance determination reports issued by Inspectors General under paragraph (1)(B) and such additional 

information as determined by the Council. 

‘‘(3) OMB GUIDANCE.—Not later than 180 days after the 

date of enactment of this section, the Director of the Office 

of Management and Budget, in consultation with the Council 

and with consideration given to the available resources and 

independence of individual Offices of Inspectors General, shall 

develop and promulgate guidance for the compliance determination reports issued by the Inspectors General under paragraph 

(1)(B), which shall require that— 

‘‘(A) the reporting format used by the Inspectors General is consistent; 

‘‘(B) Inspectors General evaluate and take into account 

the adequacy of executive agency risk assessments, 

improper payment estimates methodology, and executive 
S. 375—12 

agency action plans to address the causes of improper 

payments; 

‘‘(C) Inspectors General take into account whether the 

executive agency has correctly identified the causes of 

improper payments and whether the actions of the executive agency to address those causes are adequate and effective; 

‘‘(D) Inspectors General evaluate the adequacy of 

executive agency action plans on how the executive agency 

addresses the causes of improper payments; and 

‘‘(E) as part of the report, Inspectors General include 

an evaluation of executive agency efforts to prevent and 

reduce improper payments and any recommendations for 

actions to further improve that prevention and reduction. 

‘‘(4) CIGIE GUIDANCE.—Not later than 180 days after the 

date of enactment of this section, the Council shall, with consideration given to the available resources and independence of 

individual Offices of Inspectors General, develop and promulgate guidance that specifies procedures for compliance determinations made by the Inspectors General under paragraph 

(1)(A), which shall describe procedures for Inspectors General— 

‘‘(A) to make the determinations consistent regarding 

compliance; and 

‘‘(B) to evaluate— 

‘‘(i) for compliance with the requirement described 

in section 3351(2)(B), the risk assessment methodology 

of the executive agency, including whether the audits, 

examinations, and legal actions of the Inspector General indicate a higher risk of improper payments or 

actual improper payments that were not included in 

the risk assessments of the executive agency conducted 

under section 3352(a); 

‘‘(ii) for compliance with the requirement described 

in section 3351(2)(C), the accuracy of the rate estimates 

and whether the sampling and estimation plan used 

is appropriate given program characteristics; 

‘‘(iii) for compliance with the requirement 

described in section 3351(2)(D), the corrective action 

plans and whether the plans are adequate and focused 

on the true causes of improper payments, including 

whether the corrective action plans are— 

‘‘(I) reducing improper payments; 

‘‘(II) effectively implemented; and 

‘‘(III) prioritized within the executive agency; 

‘‘(iv) the adequacy of executive agency action plans 

to address the causes of improper payments; 

‘‘(v) executive agency efforts to prevent and reduce 

improper payments, and any recommendations for 

actions to further improve; and 

‘‘(vi) whether an executive agency has published 

an annual financial statement in accordance with the 

requirement described in section 3351(2)(A). 

‘‘(b) REMEDIATION.— 

‘‘(1) NONCOMPLIANCE.— 

‘‘(A) IN GENERAL.—If an executive agency is determined 

by the Inspector General of that executive agency not to 

be in compliance under subsection (a) in a fiscal year 
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with respect to a program or activity, the head of the 

executive agency shall submit to the appropriate authorizing and appropriations committees of Congress a plan 

describing the actions that the executive agency will take 

to come into compliance. 

‘‘(B) PLAN.—The plan described in 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 executive agency 

official who shall be accountable for the progress of 

the executive 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 executive agency to come into compliance for each program or activity. 

‘‘(2) NONCOMPLIANCE FOR 2 FISCAL YEARS.— 

‘‘(A) IN GENERAL.—If an executive agency is determined 

by the Inspector General of that executive agency not to 

be in compliance under subsection (a) for 2 consecutive 

fiscal years for the same program or activity, the executive 

agency shall propose to the Director of the Office of 

Management and Budget additional program integrity proposals that would help the executive agency come into 

compliance. 

‘‘(B) ADDITIONAL FUNDING.— 

‘‘(i) IN GENERAL.—If the Director of the Office of 

Management and Budget determines that additional 

funding would help an executive agency described in 

subparagraph (A) come into compliance, the head of 

the executive agency shall obligate additional funding, 

in an amount determined by the Director, to intensified 

compliance efforts. 

‘‘(ii) REPROGRAMMING OR TRANSFER AUTHORITY.— 

In providing additional funding under clause (i)— 

‘‘(I) the head of an executive agency shall use 

any reprogramming or transfer authority available 

to the executive agency; and 

‘‘(II) if after exercising the reprogramming or 

transfer authority described in subclause (I), additional funding is necessary to obligate the full 

level of funding determined by the Director of the 

Office of Management and Budget under clause 

(i), the executive agency shall submit a request 

to Congress for additional reprogramming or 

transfer authority. 

‘‘(3) REAUTHORIZATION AND STATUTORY PROPOSALS.—If an 

executive agency is determined by the Inspector General of 

that executive agency not to be in compliance under subsection 

(a) for 3 consecutive fiscal years for the same program or 

activity, the head of the executive agency shall, not later than 

30 days after the date of that determination, submit to the 
S. 375—14 

appropriate authorizing and appropriations committees of Congress and the Comptroller General of the United States— 

‘‘(A)(i) reauthorization proposals for each program or 

activity that has not been in compliance for 3 or more 

consecutive fiscal years; and 

‘‘(ii) proposed statutory changes necessary to bring the 

program or activity into compliance; or 

‘‘(B) if the head of the executive agency determines 

that clauses (i) and (ii) of subparagraph (A) will not bring 

the program or activity into compliance, a description of 

the actions that the executive agency is undertaking to 

bring the program or activity into compliance and a 

timeline of when the compliance will be achieved. 

‘‘(4) PLAN AND TIMELINE FOR COMPLIANCE.—If an executive 

agency is determined by the Inspector General of that executive 

agency not to be in compliance under subsection (a) for 4 

or more consecutive fiscal years for the same program or 

activity, the head of the executive agency shall, not later than 

30 days after such determination, submit to the appropriate 

authorizing and appropriations committees of Congress a report 

that includes— 

‘‘(A) the activities taken to comply with the requirements for 1, 2, 3, 4, or more years of noncompliance; 

‘‘(B) a description of any requirements that were fulfilled for 1, 2, or 3 consecutive years of noncompliance 

that are still relevant and being pursued as a means to 

bring the program or activity into compliance and prevent 

and reduce improper payments; 

‘‘(C) a description of any new corrective actions; and 

‘‘(D) a timeline for when the program or activity will 

achieve compliance based on the actions described within 

the report. 

‘‘(5) ANNUAL REPORT.—Each executive agency shall submit 

to the appropriate authorizing and appropriations committees 

of Congress and the Comptroller General of the United States— 

‘‘(A) a list of each program or activity that was determined to not be in compliance under paragraph (1), (2), 

(3), or (4); and 

‘‘(B) actions that are planned to bring the program 

or activity into compliance. 

‘‘(c) COMPLIANCE ENFORCEMENT PILOT PROGRAMS.—The 

Director of the Office of Management and Budget may establish 

1 or more pilot programs that shall test potential accountability 

mechanisms with appropriate incentives and consequences tied to 

success in ensuring compliance with this section and eliminating 

improper payments. 

‘‘(d) IMPROVED ESTIMATES GUIDANCE.—The guidance required 

to be provided under section 3(b) of the Improper Payments Elimination and Recovery Improvement Act of 2012, 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 modified as determined appropriate by the 

Director of the Office of Management and Budget. 

‘‘§ 3354. Do Not Pay Initiative 

‘‘(a) PREPAYMENT AND PREAWARD PROCEDURES.— 
S. 375—15 

‘‘(1) IN GENERAL.—Each executive agency shall review 

prepayment and preaward procedures and ensure that a thorough review of available databases with relevant information 

on eligibility occurs to determine program or award eligibility 

and prevent improper payments before the release of any Federal funds. 

‘‘(2) DATABASES.—At a minimum and before issuing any 

payment or award, each executive agency shall review as appropriate the following databases to verify eligibility of the payment and award: 

‘‘(A) The death records maintained by the Commissioner of Social Security. 

‘‘(B) The System for Award Management Exclusion 

Records, formerly known as the Excluded Parties List 

System, of the General Services Administration. 

‘‘(C) The Debt Check Database of the Department of 

the Treasury. 

‘‘(D) The Credit Alert System or Credit Alert Interactive Voice Response System of the Department of 

Housing and Urban Development. 

‘‘(E) The List of Excluded Individuals/Entities of the 

Office of Inspector General of the Department of Health 

and Human Services. 

‘‘(F) Information regarding incarcerated individuals 

maintained by the Commissioner of Social Security under 

sections 202(x) and 1611(e) of the Social Security Act (42 

U.S.C. 402(x), 1382(e)). 

‘‘(b) DO NOT PAY INITIATIVE.— ‘‘(1) IN GENERAL.—There is the Do Not Pay Initiative, which 

shall include— 

‘‘(A) use of the databases described in subsection (a)(2); 

and 

‘‘(B) use of other databases designated by the Director 

of the Office of Management and Budget, or the designee 

of the Director, in consultation with executive agencies 

and in accordance with paragraph (2). 

‘‘(2) OTHER DATABASES.—In making designations of other 

databases under paragraph (1)(B), the Director of the Office 

of Management and Budget, or the head of any executive agency 

designated by the Director, shall— 

‘‘(A) consider any database that substantially assists 

in preventing improper payments; and 

‘‘(B) provide public notice and an opportunity for comment before designating a database under paragraph (1)(B). 

‘‘(3) ACCESS AND REVIEW.— 

‘‘(A) IN GENERAL.—For purposes of identifying and preventing improper payments, each executive agency shall 

have access to, and use of, the Do Not Pay Initiative 

to verify payment or award eligibility in accordance with 

subsection (a). 

‘‘(B) MATCHING PROGRAMS.— 

‘‘(i) IN GENERAL.—The head of the agency operating 

the Working System may, in consultation with the 

Office of Management and Budget, waive the requirements of section 552a(o) of title 5 in any case or class 

of cases for computer matching activities conducted 

under this section. 
S. 375—16 

‘‘(ii) GUIDANCE.—The Director of the Office of 

Management and Budget may issue guidance that 

establishes requirements governing waivers under 

clause (i). 

‘‘(C) OTHER ENTITIES.—Each State and any contractor, 

subcontractor, or agent of a State, including a State auditor 

or State program responsible for reducing improper payments of a federally funded State-administered program, 

and the judicial and legislative branches of the United 

States, as defined in paragraphs (2) and (3), respectively, 

of section 202(e) of title 18, shall have access to, and 

use of, the Do Not Pay Initiative for the purpose of verifying 

payment or award eligibility for payments. 

‘‘(D) CONSISTENCY WITH PRIVACY ACT OF 1974.—To 

ensure consistency with the principles of section 552a of 

title 5 (commonly known as the ‘Privacy Act of 1974’), 

the Director of the Office of Management and Budget may 

issue guidance that establishes privacy and other requirements that shall be incorporated into Do Not Pay Initiative 

access agreements with States, including any contractor, 

subcontractor, or agent of a State, and the judicial and 

legislative branches of the United States, as defined in 

paragraphs (2) and (3), respectively, of section 202(e) of 

title 18. 

‘‘(4) PAYMENT OTHERWISE REQUIRED.—When using the Do 

Not Pay Initiative, an executive agency shall recognize that 

there may be circumstances under which the law requires 

a payment or award to be made to a recipient, regardless 

of whether that recipient is identified as potentially ineligible 

under the Do Not Pay Initiative. 

‘‘(5) ANNUAL REPORT.—The Director of the Office of 

Management and Budget shall submit to Congress an annual 

report, which may be included as part of another report submitted to Congress by the Director, regarding the operation 

of the Do Not Pay Initiative, which shall— 

‘‘(A) include an evaluation of whether the Do Not Pay 

Initiative has reduced improper payments or improper 

awards; and 

‘‘(B) provide the frequency of corrections or identification of incorrect information. 

‘‘(c) INITIAL WORKING SYSTEM.—The working system required 

to be established under section 5(d) of the Improper Payments 

Elimination and Recovery Improvement Act of 2012, 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) shall require each executive agency to review all payments and awards for all programs and activities of that executive agency through the working system. 

‘‘(d) FACILITATING DATA ACCESS BY FEDERAL AGENCIES AND

OFFICES OF INSPECTORS GENERAL FOR PURPOSES OF PROGRAM

INTEGRITY.— 

‘‘(1) COMPUTER MATCHING BY EXECUTIVE AGENCIES FOR PURPOSES OF INVESTIGATION AND PREVENTION OF IMPROPER PAYMENTS AND FRAUD.— 

‘‘(A) IN GENERAL.—Except as provided in this paragraph, in accordance with section 552a of title 5 (commonly 
S. 375—17 

known as the ‘Privacy Act of 1974’), the head of each 

executive agency may enter into computer matching agreements with other heads of executive agencies that allow 

ongoing data matching, which shall include automated data 

matching, in order to assist in the detection and prevention 

of improper payments. 

‘‘(B) REVIEW.—Not later than 60 days after the date 

on which a proposal for an agreement under subparagraph 

(A) has been presented to a Data Integrity Board established under section 552a(u) of title 5 for consideration, 

the Data Integrity Board shall respond to the proposal. 

‘‘(C) TERMINATION DATE.—An agreement described in 

subparagraph (A)— 

‘‘(i) shall have a termination date of less than 

3 years; and 

‘‘(ii) during the 3-month period ending on the date 

on which the agreement is scheduled to terminate, 

may be renewed by the executive agencies entering 

the agreement for not more than 3 years. 

‘‘(D) MULTIPLE AGENCIES.—For purposes of this paragraph, section 552a(o)(1) of title 5 shall be applied by 

substituting ‘between the source agency and the recipient 

agency or non-Federal agency or an agreement governing 

multiple agencies’ for ‘between the source agency and the 

recipient agency or non-Federal agency’ in the matter preceding subparagraph (A). 

‘‘(E) COST-BENEFIT ANALYSIS.—A justification under 

section 552a(o)(1)(B) of title 5 relating to an agreement 

under subparagraph (A) is not required to contain a specific 

estimate of any savings under the computer matching 

agreement. 

‘‘(2) GUIDANCE AND PROCEDURES BY THE OFFICE OF MANAGEMENT AND BUDGET.—The guidance, rules, and procedures 

required to be issued, clarified, and established under paragraphs (3) and (4) of section 5(e) of the Improper Payments 

Elimination and Recovery Improvement Act of 2012, as in 

effect on the day before the date of enactment of this section— 

‘‘(A) shall continue to be in effect on and after the 

date of enactment of this section; and 

‘‘(B) may be modified as determined appropriate by 

the Director of the Office of Management and Budget. 

‘‘(3) COMPLIANCE.—The head of each executive agency, in 

consultation with the Inspector General of the executive agency, 

shall ensure that any information provided to an individual 

or entity under this subsection is provided in accordance with 

protocols established under this subsection. 

‘‘(4) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall be construed— 

‘‘(A) to affect the rights of an individual under section 

552a(p) of title 5; or 

‘‘(B) to impede the exercise of an exemption provided 

to Inspectors General or by an executive agency in coordination with an Inspector General under section 6(j) of the 

Inspector General Act of 1978 (5 U.S.C. App.). 

‘‘(e) PLAN TO CURB FEDERAL IMPROPER PAYMENTS TO DECEASED

INDIVIDUALS BY IMPROVING THE QUALITY AND USE BY FEDERAL
S. 375—18 

AGENCIES OF THE SOCIAL SECURITY ADMINISTRATION DEATH MASTER

FILE AND OTHER DEATH DATA.— 

‘‘(1) ESTABLISHMENT.—In conjunction with the Commissioner of Social Security and in consultation with relevant 

stakeholders that have an interest in or responsibility for providing the data, and each State, the Director of the Office 

of Management and Budget shall conduct a study and update 

the plan required to be established under section 5(g) of the 

Improper Payments Elimination and Recovery Improvement 

Act of 2012, as in effect on the day before the date of enactment 

of this section, for improving the quality, accuracy, and timeliness of death data maintained by the Social Security Administration, including death information reported to the Commissioner under section 205(r) of the Social Security Act (42 U.S.C. 

405(r)). 

‘‘(2) ADDITIONAL ACTIONS UNDER PLAN.—The plan described 

in this subsection shall include recommended actions by executive agencies to— 

‘‘(A) increase the quality and frequency of access to 

the Death Master File and other death data; 

‘‘(B) achieve a goal of at least daily access as appropriate; 

‘‘(C) provide for all States and other data providers 

to use improved and electronic means for providing data; 

‘‘(D) identify improved methods by executive agencies 

for determining ineligible payments due to the death of 

a recipient through proactive verification means; and 

‘‘(E) address improper payments made by executive 

agencies to deceased individuals as part of Federal retirement programs. 

‘‘(3) REPORT.—Not later than 120 days after the date of 

enactment of this section, the Director of the Office of Management and Budget shall submit a report to Congress on the 

plan described in this subsection, including recommended legislation. 

‘‘§ 3355. Improving recovery of improper payments 

‘‘The Director of the Office of Management and Budget shall 

determine— 

‘‘(1) current and historical rates and amounts of recovery 

of improper payments, or, in cases in which improper payments 

are identified solely on the basis of a sample, recovery rates 

and amounts estimated on the basis of the applicable sample, 

including a list of executive agency recovery audit contract 

programs and specific information of amounts and payments 

recovered by recovery audit contractors; and 

‘‘(2) targets for recovering improper payments, including 

specific information on amounts and payments recovered by 

recovery audit contractors. 

‘‘§ 3356. Improving the use of data by executive agencies 

for curbing improper payments 

‘‘(a) PROMPT REPORTING OF DEATH INFORMATION BY THE

DEPARTMENT OF STATE AND THE DEPARTMENT OF DEFENSE.—The 

procedure required to be established under section 7(a) of the 

Improper Payments Elimination and Recovery Improvement Act 
S. 375—19 

of 2012, 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 modified as determined appropriate by the 

Director of the Office of Management and Budget. 

‘‘(b) PROMPT REPORTING OF DEATH INFORMATION BY THE

DEPARTMENT OF VETERANS AFFAIRS AND THE OFFICE OF PERSONNEL

MANAGEMENT.—Not later than 1 year after the date of enactment 

of this section, the Secretary of Veterans Affairs and the Director 

of the Office of Personnel Management shall establish a procedure 

under which the Secretary and the Director— 

‘‘(1) shall promptly and on a regular basis submit information relating to the deaths of individuals, including stopped 

payments data as applicable, to each executive agency for which 

the Director of the Office of Management and Budget determines receiving and using such information would be relevant 

and necessary; and 

‘‘(2) to facilitate the centralized access of death data for 

the use of reducing improper payments, may identify additional 

Federal sources of death data and direct the data owner to 

provide that data to 1 or more executive agencies for that 

purpose. 

‘‘(c) GUIDANCE TO EXECUTIVE AGENCIES REGARDING DATA

ACCESS AND USE FOR IMPROPER PAYMENTS PURPOSES.—The guidance required to be issued under section 7(b) of the Improper 

Payments Elimination and Recovery Improvement Act of 2012, 

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 modified as determined appropriate by the 

Director of the Office of Management and Budget. 

‘‘§ 3357. Financial and administrative controls relating to 

fraud and improper payments 

‘‘(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 
S. 375—20 

‘‘(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. 

‘‘§ 3358. Interagency working group for Governmentwide 

payment integrity improvement 

‘‘(a) WORKING GROUP.— 

‘‘(1) ESTABLISHMENT.—Not later than 90 days after the 

date of enactment of this section, there is established an interagency working group on payment integrity— 

‘‘(A) to improve— 

‘‘(i) State-administered Federal programs to determine eligibility processes and data sharing practices; 

‘‘(ii) the guidelines described in section 3357(b) 

and other best practices and techniques for detecting, 

preventing, and responding to improper payments, 

including improper payments that are the result of 

fraud; and 

‘‘(iii) the sharing and development of data analytics 

techniques to help prevent and identify potential 

improper payments, including those that are the result 

of fraud; and 

‘‘(B) to identify any additional activities that will 

improve payment integrity of Federal programs. 

‘‘(2) COMPOSITION.—The interagency working group established under paragraph (1) shall be composed of— 

‘‘(A) the Director of the Office of Management and 

Budget; 

‘‘(B) 1 representative from each of the agencies 

described in paragraphs (1) and (2) of section 901(b) of 

this title; and 

‘‘(C) any other representatives of other executive agencies determined appropriate by the Director of the Office 

of Management and Budget, which may include the Chief 

Information Officer, the Chief Procurement Officer, the 

Chief Risk Officer, or the Chief Operating Officer of an 

executive agency. 

‘‘(b) CONSULTATION.—The working group established under subsection (a)(1) may consult with Offices of Inspectors General and 
S. 375—21 

Federal and non-Federal experts on fraud risk assessments, 

administrative controls over payment integrity, financial controls, 

and other relevant matters. 

‘‘(c) MEETINGS.—The working group established under subsection (a)(1) shall hold not fewer than 4 meetings per year. 

‘‘(d) REPORT.—Not later than 240 days after the date of enactment of this section, the working group established under subsection 

(a)(1) shall submit to Congress a report that includes— 

‘‘(1) a plan containing tangible solutions to prevent and 

reduce improper payments; and 

‘‘(2) a plan for State agencies to work with Federal agencies 

to regularly review lists of beneficiaries of State-managed Federal programs for duplicate enrollment between States, 

including how the Do Not Pay Business Center and the data 

analytics initiative of the Department of the Treasury could 

aid in the detection of duplicate enrollment.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of 

sections for chapter 33 of title 31, United States Code, is amended 

by adding at the end the following: 

‘‘SUBCHAPTER IV—IMPROPER PAYMENTS

‘‘3351. Definitions. 

‘‘3352. Estimates of improper payments and reports on actions to reduce improper 

payments. 

‘‘3353. Compliance. 

‘‘3354. Do Not Pay Initiative. 

‘‘3355. Improving recovery of improper payments. 

‘‘3356. Improving the use of data by executive agencies for curbing improper payments. 

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

‘‘3358. Interagency working group for Governmentwide payment integrity improvement.’’. 

SEC. 3. REPEALS. 

(a) IN GENERAL.— (1) IMPROPER PAYMENTS INFORMATION ACT OF 2002.—The 

Improper Payments Information Act of 2002 (31 U.S.C. 3321 

note) is repealed. 

(2) IMPROPER PAYMENTS ELIMINATION AND RECOVERY ACT

OF 2010.—The Improper Payments Elimination and Recovery 

Act of 2010 (Public Law 114–204; 124 Stat. 2224) is repealed. 

(3) IMPROPER PAYMENTS ELIMINATION AND RECOVERY

IMPROVEMENT ACT OF 2012.—The Improper Payments Elimination and Recovery Improvement Act of 2012 (31 U.S.C. 3321 

note) is repealed. 

(4) FRAUD REDUCTION AND DATA ANALYTICS ACT OF 2015.— 

The Fraud Reduction and Data Analytics Act of 2015 (31 U.S.C. 

3321 note) is repealed. 

(b) TECHNICAL AND CONFORMING AMENDMENTS.— 

(1) GOVERNMENT CHARGE CARD ABUSE PREVENTION ACT OF

2012.—Section 6(a) of the Government Charge Card Abuse 

Prevention Act of 2012 (5 U.S.C. 5701 note) is amended by 

striking ‘‘section 3512 of title 31, United States Code, or in 

the Improper Payments Information Act of 2002 (31 U.S.C. 

3321 note)’’ and inserting ‘‘section 3512 or subchapter IV of 

chapter 33 of title 31, United States Code’’. 

(2) HOMELAND SECURITY ACT OF 2002.—Section 2022(a) of 

the Homeland Security Act of 2002 (6 U.S.C. 612(a)) is 

amended— 
S. 375—22 

(A) in paragraph (1)(C), by striking ‘‘Consistent with 

the Improper Payments Information Act of 2002 (31 U.S.C. 

3321 note)’’ and inserting ‘‘Consistent with subchapter IV 

of chapter 33 of title 31, United States Code’’; and 

(B) in paragraph (5), by striking ‘‘section 2(h) of the 

Improper Payments Elimination and Recovery Act of 2010 

(31 U.S.C. 3321 note)’’ and inserting ‘‘section 3352(i) of 

title 31, United States Code,’’. 

(3) SOCIAL SECURITY ACT.—Section 2105 of the Social Security Act (42 U.S.C. 1397ee(c)) is amended by striking ‘‘Improper 

Payments Information Act of 2002’’ each place that term 

appears and inserting ‘‘subchapter IV of chapter 33 of title 

31, United States Code’’. 

(4) TITLE 31.—Section 3562(a) of title 31, United States 

Code, is amended— 

(A) in the matter preceding paragraph (1)— 

(i) by striking ‘‘section 3561’’ and inserting ‘‘section 

3352(i)’’; and 

(ii) by striking ‘‘agency for the following purposes:’’ 

and all that follows through ‘‘To reimburse’’ and 

inserting ‘‘agency to reimburse’’; and 

(B) by striking paragraph (2). 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.