```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3393 Referred in Senate (RFS)]

111th CONGRESS
  2d Session
                                H. R. 3393

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 29, 2010

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 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,

SECTION 1. SHORT TITLE.

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

SEC. 2. IMPROPER PAYMENTS ELIMINATION AND RECOVERY.

    (a) Susceptible Programs and Activities.--Section 2 of the Improper 
Payments Information Act of 2002 (31 U.S.C. 3321 note) is amended by 
striking subsection (a) and inserting the following:
    ``(a) Identification of Susceptible Programs and Activities.--
            ``(1) In general.--The head of each agency shall, in 
        accordance with guidance prescribed by the Director of the 
        Office of Management and Budget, periodically review all 
        programs and activities that the relevant agency head 
        administers and identify all programs and activities that may 
        be susceptible to significant improper payments.
            ``(2) Frequency.--Reviews under paragraph (1) shall be 
        performed for each program and activity that the relevant 
        agency head administers during the year after which the 
        Improper Payments Elimination and Recovery Act of 2010 is 
        enacted and at least once every 3 fiscal years thereafter. For 
        those agencies already performing a risk assessment every 3 
        years, agencies may apply to the Director of the Office of 
        Management and Budget for a waiver from the requirement of the 
        preceding sentence and continue their 3-year risk assessment 
        cycle.
            ``(3) Risk assessments.--
                    ``(A) Definition.--In this subsection the term 
                `significant' means--
                            ``(i) except as provided under clause (ii), 
                        that improper payments in the program or 
                        activity in the preceding fiscal year may have 
                        exceeded--
                                    ``(I) $10,000,000 of all program or 
                                activity payments made during that 
                                fiscal year reported and 2.5 percent of 
                                program outlays; or
                                    ``(II) $100,000,000; and
                            ``(ii) with respect to fiscal years 
                        following September 30th of a fiscal year 
                        beginning before fiscal year 2013 as determined 
                        by the Office of Management and Budget, that 
                        improper payments in the program or activity in 
                        the preceding fiscal year may have exceeded--
                                    ``(I) $10,000,000 of all program or 
                                activity payments made during that 
                                fiscal year reported and 1.5 percent of 
                                program outlays; or
                                    ``(II) $100,000,000.
                    ``(B) Scope.--In conducting the reviews under 
                paragraph (1), the head of each 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 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 
                        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; and
                            ``(vii) significant deficiencies in the 
                        audit report of the agency or other relevant 
                        management findings that might hinder accurate 
                        payment certification.''.
    (b) Estimation of Improper Payments.--Section 2 of the Improper 
Payments Information Act of 2002 (31 U.S.C. 3321 note) is amended by 
striking subsection (b) and inserting the following:
    ``(b) Estimation of Improper Payments.--With respect to each 
program and activity identified under subsection (a), the head of the 
relevant agency shall--
            ``(1) 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 by each program and 
        activity; and
            ``(2) include those estimates in the accompanying materials 
        to the annual financial statement of the agency required under 
        section 3515 of title 31, United States Code, or similar 
        provision of law and applicable guidance of the Office of 
        Management and Budget.''.
    (c) Reports on Actions to Reduce Improper Payments.--Section 2 of 
the Improper Payments Information Act of 2002 (31 U.S.C. 3321 note) is 
amended by striking subsection (c) and inserting the following:
    ``(c) Reports on Actions to Reduce Improper Payments.--With respect 
to any program or activity of an agency with estimated improper 
payments under subsection (b), the head of the agency shall provide 
with the estimate under subsection (b) a report on what actions the 
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 such expenditures would save in 
        prevented or recovered improper payments, a statement of 
        whether the agency has what is needed with respect to--
                    ``(A) internal controls;
                    ``(B) human capital; and
                    ``(C) information systems and other infrastructure;
            ``(3) if the agency does not have sufficient resources to 
        establish and maintain effective internal controls under 
        paragraph (2)(A), a description of the resources the agency has 
        requested in its budget submission to establish and maintain 
        such 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; and
            ``(5) a description of the steps the agency has taken to 
        ensure that agency managers, programs, and, where appropriate, 
        States and localities 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.''.
    (d) Reports on Actions to Recover Improper Payments.--Section 2 of 
the Improper Payments Information Act of 2002 (31 U.S.C. 3321 note) is 
amended--
            (1) by striking subsection (e);
            (2) by redesignating subsections (d) and (f) as subsections 
        (f) and (g), respectively; and
            (3) by inserting after subsection (c) the following:
    ``(d) Reports on Actions To Recovery Improper Payments.--With 
respect to any improper payments identified in recovery audits 
conducted under section 2(h) of the Improper Payments Elimination and 
Recovery Act of 2010 (31 U.S.C. 3321 note), the head of the agency 
shall provide with the estimate under subsection (b) a report on all 
actions the agency is taking to recover improper payments, including--
            ``(1) a discussion of the methods used by the agency to 
        recover overpayments;
            ``(2) the amounts recovered, outstanding, and determined to 
        not be collectable, including the percent such amounts 
        represent of the total overpayments of the agency;
            ``(3) if a determination has been made that certain 
        overpayments are not collectable, a justification of that 
        determination;
            ``(4) an aging schedule of the amounts outstanding;
            ``(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 agency has determined under section 2(h) of 
        the Improper Payments Elimination and Recovery Act of 2010 (31 
        U.S.C. 3321 note) that performing recovery audits for any 
        applicable program or activity is not cost effective, a 
        justification for that determination.
    ``(e) 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 agencies have taken to 
        report information regarding improper payments and actions to 
        recover improper overpayments to--
                    ``(A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    ``(B) the Committee on Oversight and Government 
                Reform of the House of Representatives.
            ``(2) Contents.--Each report under this subsection shall 
        include--
                    ``(A) a summary of the reports of each agency on 
                improper payments and recovery actions submitted under 
                this section;
                    ``(B) an identification of the compliance status of 
                each agency to which this Act applies;
                    ``(C) governmentwide improper payment reduction 
                targets; and
                    ``(D) a discussion of progress made towards meeting 
                governmentwide improper payment reduction targets.''.
    (e) Definitions.--Section 2 of the Improper Payments Information 
Act of 2002 (31 U.S.C. 3321 note) is amended by striking subsections 
(f) (as redesignated by this section) and inserting the following:
    ``(f) Definitions.--In this section:
            ``(1) Agency.--The term `agency' means an executive agency, 
        as that term is defined in section 102 of title 31, United 
        States Code.
            ``(2) 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 
                overpayments and underpayments) under statutory, 
                contractual, administrative, or other legally 
                applicable requirements; and
                    ``(B) includes any payment to an ineligible 
                recipient, any payment for an ineligible good or 
                service, any duplicate payment, any payment for a good 
                or service not received (except for such payments where 
                authorized by law), and any payment that does not 
                account for credit for applicable discounts.
            ``(3) 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, 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.
            ``(4) Payment for an ineligible good or service.--The term 
        `payment for an ineligible good or service' shall include a 
        payment for any good or service that is rejected under any 
        provision of any contract, grant, lease, cooperative agreement, 
        or any other funding mechanism.''.
    (f) Guidance by the Office of Management and Budget.--Section 2 of 
the Improper Payments Information Act of 2002 (31 U.S.C. 3321 note) is 
amended by striking subsection (g) (as redesignated by this section) 
and inserting the following:
    ``(g) Guidance by the Office of Management and Budget.--
            ``(1) In general.--Not later than 6 months after the date 
        of enactment of the Improper Payments Elimination and Recovery 
        Act of 2010, the Director of the Office of Management and 
        Budget shall prescribe guidance for agencies to implement the 
        requirements of this section. The guidance shall not include 
        any exemptions to such requirements 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.''.
    (g) Determinations of Agency Readiness for Opinion on Internal 
Control.--Not later than 1 year after the date of enactment of this 
Act, the Director of the Office of Management and Budget shall 
develop--
            (1) specific criteria as to when an agency should initially 
        be required to obtain an opinion on internal control over 
        financial reporting; and
            (2) criteria for an agency that has demonstrated a 
        stabilized, effective system of internal control over financial 
        reporting, whereby the agency would qualify for a multiyear 
        cycle for obtaining an audit opinion on internal control over 
        financial reporting, rather than an annual cycle.
    (h) Recovery Audits.--
            (1) Definition.--In this subsection, 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) In general.--
                    (A) Conduct of audits.--Except as provided under 
                paragraph (4) and if not prohibited under any other 
                provision of law, the head of each agency shall conduct 
                recovery audits with respect to each program and 
                activity of the agency that expends $1,000,000 or more 
                annually if conducting such audits would be cost-
                effective.
                    (B) Procedures.--In conducting recovery audits 
                under this subsection, the head of an agency--
                            (i) shall give priority to the most recent 
                        payments and to payments made in any program or 
                        programs identified as susceptible to 
                        significant improper payments under section 
                        2(a) of the Improper Payments Information Act 
                        of 2002 (31 U.S.C. 3321 note);
                            (ii) shall implement this subsection in a 
                        manner designed to ensure the greatest 
                        financial benefit to the Government; and
                            (iii) may conduct recovery audits 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 
                recovery audits procured by an agency by contract--
                            (i) subject to subparagraph (B)(iii), and 
                        except to the extent such actions are outside 
                        the agency's authority, as defined by section 
                        605(a) of the Contract Disputes Act of 1978 (41 
                        U.S.C. 605(a)), the head of the agency may 
                        authorize the contractor to notify entities 
                        (including persons) of potential overpayments 
                        made to such entities, respond to questions 
                        concerning potential overpayments, and take 
                        other administrative actions with respect to 
                        overpayment claims made or to be made by the 
                        agency; and
                            (ii) such contractor shall have no 
                        authority to make final determinations relating 
                        to whether any overpayment occurred and whether 
                        to compromise, settle, or terminate overpayment 
                        claims.
                    (D) Contract terms and conditions.--The agency 
                shall include in each contract for procurement of 
                performance of a recovery audit a requirement that the 
                contractor shall--
                            (i) provide to the agency periodic reports 
                        on conditions giving rise to overpayments 
                        identified by the contractor and any 
                        recommendations on how to mitigate such 
                        conditions; and
                            (ii) notify the agency of any overpayments 
                        identified by the contractor pertaining to the 
                        agency or to any other agency or agencies that 
                        are beyond the scope of the contract.
                    (E) Agency action following notification.--An 
                agency shall take prompt and appropriate action in 
                response to a report or notification by a contractor 
                under subparagraph (D)(ii), to collect overpayments and 
                shall forward to other agencies any information that 
                applies to such agencies.
            (3) Disposition of amounts recovered.--
                    (A) In general.--Amounts collected by agencies each 
                fiscal year through recovery audits conducted under 
                this subsection shall be treated in accordance with 
                this paragraph. The agency head shall determine the 
                distribution of collected amounts, less amounts needed 
                to fulfill the purposes of section 3562(a) of title 31, 
                United States Code, in accordance with subparagraphs 
                (B), (C), and (D).
                    (B) Use for financial management improvement 
                program.--Not more than 25 percent of the amounts 
                collected by an agency through recovery audits--
                            (i) shall be available to the head of the 
                        agency to carry out the financial management 
                        improvement program of the agency under 
                        paragraph (4);
                            (ii) may be credited, if applicable, for 
                        that purpose by the head of an agency to any 
                        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 that 
                        purpose and shall remain available until 
                        expended.
                    (C) Use for original purpose.--Not more than 25 
                percent of the amounts collected by an agency--
                            (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 the 
                        overpayment was made has expired, shall be 
                        newly available for the same time period as the 
                        funds were originally available for obligation, 
                        except that any amounts that are recovered more 
                        than five fiscal years from the last fiscal 
                        year in which the funds were available for 
                        obligation 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, such 
                        amounts shall revert to those accounts.
                    (D) Use for inspector general activities.--Not more 
                than 5 percent of the amounts collected by an agency 
                shall be available to the Inspector General of that 
                agency--
                            (i) 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.
                    (E) Remainder.--Amounts collected that are not 
                applied in accordance with subparagraph (A), (B), (C), 
                or (D) 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, such amounts shall revert to 
                those accounts.
                    (F) Discretionary amounts.--This paragraph shall 
                apply only to recoveries of overpayments that are made 
                from discretionary appropriations (as that term is 
                defined by paragraph 7 of section 250 of the Balanced 
                Budget and Emergency Deficit Control Act of 1985) and 
                shall not apply to recoveries of overpayments that are 
                made from discretionary amounts that were appropriated 
                prior to enactment of this Act.
                    (G) Application.--This paragraph shall not apply to 
                recoveries of overpayments if the appropriation from 
                which the overpayment was made has not expired.
            (4) Financial management improvement program.--
                    (A) Requirement.--The head of each 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 the program, 
                the head of the agency--
                            (i) shall, as the first priority of the 
                        program, address problems that contribute 
                        directly to agency improper payments; and
                            (ii) may seek to reduce errors and waste in 
                        other agency programs and operations.
            (5) 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 such recovery auditing or recovery activity and 
        governmental oversight of such 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.
            (6) Other recovery audit requirements.--
                    (A) In general.--(i) Except as provided in clause 
                (ii), subchapter VI of chapter 35 of title 31, United 
                States Code, is repealed.
                    (ii) Section 3562(a) of title 31, United States 
                Code, shall continue in effect, except that references 
                in such section 3562(a) to programs carried out under 
                section 3561 of such title, shall be interpreted to 
                mean programs carried out under section 2(h) of this 
                Act.
                    (B) Technical and conforming amendments.--
                            (i) Table of sections.--The table of 
                        sections for chapter 35 of title 31, United 
                        States Code, is amended by striking the matter 
                        relating to subchapter VI.
                            (ii) Definition.--Section 3501 of title 31, 
                        United States Code, is amended by striking 
                        ``and subchapter VI of this title''.
                            (iii) Homeland security grants.--Section 
                        2022(a)(6) of the Homeland Security Act of 2002 
                        (6 U.S.C. 612(a)(6)) is amended by striking 
                        ``(as that term is defined by the Director of 
                        the Office of Management and Budget under 
                        section 3561 of title 31, United States Code)'' 
                        and inserting ``under section 2(h) of the 
                        Improper Payments Elimination and Recovery Act 
                        of 2010 (31 U.S.C. 3321 note)''.
            (7) Rule of construction.--Except as provided under 
        paragraph (5), nothing in this section shall be construed as 
        terminating or in any way limiting authorities that are 
        otherwise available to agencies under existing provisions of 
        law to recover improper payments and use recovered amounts.
    (i) Report on Recovery Auditing.--Not later than 2 years 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), in consultation with 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) and recovery audit experts, shall conduct a study of--
            (1) the implementation of subsection (h);
            (2) the costs and benefits of agency recovery audit 
        activities, including those under subsection (h), and including 
        the effectiveness of using the services of--
                    (A) private contractors;
                    (B) agency employees;
                    (C) cross-servicing from other agencies; or
                    (D) any combination of the provision of services 
                described under subparagraphs (A) through (C); and
            (3) submit a report on the results of the study 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.

SEC. 3. COMPLIANCE.

    (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.

            Passed the House of Representatives April 28, 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
```