PUBLIC LAW 116–117—MAR. 2, 2020 134 STAT.

113

Public Law 116–117

116th Congress
An Act
To improve efforts to identify and reduce Governmentwide improper payments, Mar. 2, 2020
and for other purposes. [S. 375]
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, Payment
Integrity
SECTION 1. SHORT TITLE. Information Act
of 2019.
This Act may be cited as the ‘‘Payment Integrity Information 31 USC 3301
Act of 2019’’. note.
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 31 USC 3351

prec.
‘‘§ 3351. Definitions 31 USC 3351.
‘‘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 esti-
mates for all programs and activities identified under sec-
tion 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;
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‘‘(E) publishes improper payments reduction targets

established under section 3352(d) that the executive agency

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 134 STAT. 114 PUBLIC LAW 116–117—MAR. 2, 2020

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 Initia-
tive’ 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 posses-
sion of the United States, and each Federally recognized Indian
tribe.
31 USC 3352. ‘‘§ 3352. Estimates of improper payments and reports on
actions to reduce improper payments
‘‘(a) IDENTIFICATION OF SUSCEPTIBLE PROGRAMS AND ACTIVI-
TIES.—
Guidance. ‘‘(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—
Review. ‘‘(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
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in paragraph (3)(A)(i) that may be susceptible to significant

improper payments.

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 PUBLIC LAW 116–117—MAR. 2, 2020 134 STAT. 115

‘‘(2) FREQUENCY.—A review under paragraph (1) shall be Time period.

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 docu-
mentation 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 eligi-
bility 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 certifi-
cation;
‘‘(viii) similarities to other programs or activities
that have reported improper payment estimates or
been deemed susceptible to significant improper pay-
ments;
‘‘(ix) the accuracy and reliability of improper pay-
ment estimates previously reported for the program
or activity, or other indicator of potential susceptibility
to improper payments identified by the Inspector Gen-
eral of the executive agency, the Government Account-
ability 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 informa-
tion or data systems to confirm eligibility or provide
for other payment integrity needs; and
‘‘(xi) the risk of fraud as assessed by the executive
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agency under the Standards for Internal Control in

the Federal Government published by the Government

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 134 STAT. 116 PUBLIC LAW 116–117—MAR. 2, 2020

Accountability Office (commonly known as the ‘Green

Book’).
Lists. ‘‘(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.—
Time period. ‘‘(1) IN GENERAL.—The Director of the Office of Manage-
ment and Budget shall on an annual basis—
Lists. ‘‘(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
Coordination. ‘‘(B) in coordination with the executive agency respon-
sible for administering a high-priority program identified
under subparagraph (A), establish annual targets and semi-
annual or quarterly actions for reducing improper pay-
ments associated with the high-priority program.
‘‘(2) REPORT ON HIGH-PRIORITY IMPROPER PAYMENTS.—
Time period. ‘‘(A) IN GENERAL.—Subject to Federal privacy policies
Public and to the extent permitted by law, each executive agency
information.
Web posting. 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 Jus-
tice; 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 GEN-
ERAL.—Subparagraph (B)(ii) shall not prohibit any referral
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or information being made available to an Inspector Gen-

eral as otherwise provided by law.

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 PUBLIC LAW 116–117—MAR. 2, 2020 134 STAT. 117

‘‘(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— Review.
‘‘(I) the assessment of the level of risk associ-
ated 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 iden-
tify and prevent improper payments under the
program; and
‘‘(ii) submit to the appropriate authorizing and
appropriations committees of Congress recommenda-
tions, which may be included in another report sub-
mitted by the Inspector General to Congress, for modi-
fying 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 pro-
gram 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 rel-
evant executive agency shall—
‘‘(A) produce a statistically valid estimate, or an esti-
mate 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 documenta-
tion, 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
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with estimated improper payments under subsection (c), the head

of the executive agency shall provide with the estimate required

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 134 STAT. 118 PUBLIC LAW 116–117—MAR. 2, 2020

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 pay-
ments 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 pay-
ments 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 rep-
resent of the total improper payments of the executive agency;
Determination. ‘‘(3) if a determination has been made that certain improper
payments are not collectable, a justification of that determina-
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tion;
‘‘(4) an aging schedule of the amounts outstanding;

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 PUBLIC LAW 116–117—MAR. 2, 2020 134 STAT. 119

‘‘(5) a summary of how recovered amounts have been dis- Summary.

posed 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 sub- Determination.
section (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 Govern-
mental 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 Summary.
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 tar-
gets;
‘‘(D) a Governmentwide estimate of improper pay- Estimate.
ments; 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 Deadline.
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—
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‘‘(1) shall continue to be in effect on and after the date Extension.

of enactment of this section; and

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 134 STAT. 120 PUBLIC LAW 116–117—MAR. 2, 2020

‘‘(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 provi-
sion 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 con-
tract—
‘‘(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.—
Reports. ‘‘(i) IN GENERAL.—The executive agency shall
include in each contract for procurement of perform-
ance of a recovery audit a requirement that the con-
tractor shall—
Recommenda- ‘‘(I) provide to the executive agency periodic
tions. reports on conditions giving rise to overpayments
identified by the contractor and any recommenda-
tions on how to mitigate those conditions;
Notification. ‘‘(II) notify the executive agency of any over-
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payments identified by the contractor pertaining

to the executive agency or to any other executive

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 PUBLIC LAW 116–117—MAR. 2, 2020 134 STAT. 121

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 sub-
clause (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 Determination.
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 accord-
ance with subparagraphs (C), (D), and (E).
‘‘(C) USE FOR FINANCIAL MANAGEMENT IMPROVEMENT
PROGRAM.—Not more than 25 percent of the amounts col-
lected by an executive agency through recovery audits—
‘‘(i) shall be available to the head of the executive
agency to carry out the financial management improve-
ment 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
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‘‘(iii) if the appropriation from which an overpay-

ment was made has expired—

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 134 STAT. 122 PUBLIC LAW 116–117—MAR. 2, 2020

‘‘(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 overpay-
ments—
‘‘(aa) for amounts that are recovered more
than 5 fiscal years from the last fiscal year
in which the funds were available for obliga-
tion, 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 execu-
tive 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 Gen-
eral relating to investigating improper payments
or auditing internal controls associated with pay-
ments; 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 overpay-
ments that are made from trust or special fund accounts,
those amounts shall revert to those accounts.
Applicability. ‘‘(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.—
Regulations. ‘‘(A) REQUIREMENT.—The head of each executive agency
shall conduct a financial management improvement pro-
gram 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,
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address problems that contribute directly to executive

agency improper payments; and

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 PUBLIC LAW 116–117—MAR. 2, 2020 134 STAT. 123

‘‘(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 execu-
tive 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 provi-
sions of law to recover improper payments and use recovered
amounts.
‘‘§ 3353. Compliance 31 USC 3353.
‘‘(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 Determination.
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 Public
Council of the Inspectors General on Integrity and Efficiency information.
(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 Inspec-
tors General under paragraph (1)(B) and such additional
information as determined by the Council.
‘‘(3) OMB GUIDANCE.—Not later than 180 days after the Deadline.
date of enactment of this section, the Director of the Office Consultation.
of Management and Budget, in consultation with the Council Evaluations.
and with consideration given to the available resources and
independence of individual Offices of Inspectors General, shall
develop and promulgate guidance for the compliance determina-
tion reports issued by the Inspectors General under paragraph
(1)(B), which shall require that—
‘‘(A) the reporting format used by the Inspectors Gen-
eral is consistent;
‘‘(B) Inspectors General evaluate and take into account
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the adequacy of executive agency risk assessments,

improper payment estimates methodology, and executive

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 134 STAT. 124 PUBLIC LAW 116–117—MAR. 2, 2020

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 execu-
tive agency to address those causes are adequate and effec-
tive;
‘‘(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.
Deadline. ‘‘(4) CIGIE GUIDANCE.—Not later than 180 days after the
Procedures. date of enactment of this section, the Council shall, with consid-
eration given to the available resources and independence of
individual Offices of Inspectors General, develop and promul-
gate guidance that specifies procedures for compliance deter-
minations made by the Inspectors General under paragraph
(1)(A), which shall describe procedures for Inspectors General—
Determination. ‘‘(A) to make the determinations consistent regarding
compliance; and
Evaluation. ‘‘(B) to evaluate—
Compliance. ‘‘(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 Gen-
eral 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.—
Determination. ‘‘(A) IN GENERAL.—If an executive agency is determined
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Plan. by the Inspector General of that executive agency not to

be in compliance under subsection (a) in a fiscal year

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 PUBLIC LAW 116–117—MAR. 2, 2020 134 STAT. 125

with respect to a program or activity, the head of the

executive agency shall submit to the appropriate author-
izing 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 mecha-
nism, such as a performance agreement, with appro-
priate 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 compli-
ance for each program or activity.
‘‘(2) NONCOMPLIANCE FOR 2 FISCAL YEARS.—
‘‘(A) IN GENERAL.—If an executive agency is determined Determination.
by the Inspector General of that executive agency not to Proposal.
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 pro-
posals that would help the executive agency come into
compliance.
‘‘(B) ADDITIONAL FUNDING.—
‘‘(i) IN GENERAL.—If the Director of the Office of Determination.
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), addi-
tional 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 Determination.
executive agency is determined by the Inspector General of Deadline.
that executive agency not to be in compliance under subsection
(a) for 3 consecutive fiscal years for the same program or
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activity, the head of the executive agency shall, not later than
30 days after the date of that determination, submit to the

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 134 STAT. 126 PUBLIC LAW 116–117—MAR. 2, 2020

appropriate authorizing and appropriations committees of Con-

gress 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.
Deadline. ‘‘(4) PLAN AND TIMELINE FOR COMPLIANCE.—If an executive
Report. 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 require-
ments for 1, 2, 3, 4, or more years of noncompliance;
‘‘(B) a description of any requirements that were ful-
filled 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—
Lists. ‘‘(A) a list of each program or activity that was deter-
mined 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 Elimi-
nation and Recovery Improvement Act of 2012, as in effect on
the day before the date of enactment of this section—
Extension. ‘‘(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.
31 USC 3354. ‘‘§ 3354. Do Not Pay Initiative
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‘‘(a) PREPAYMENT AND PREAWARD PROCEDURES.—

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 PUBLIC LAW 116–117—MAR. 2, 2020 134 STAT. 127

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

prepayment and preaward procedures and ensure that a thor-
ough 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 Fed-
eral funds.
‘‘(2) DATABASES.—At a minimum and before issuing any Review.
payment or award, each executive agency shall review as appro-
priate the following databases to verify eligibility of the pay-
ment and award:
‘‘(A) The death records maintained by the Commis-
sioner 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 Inter-
active 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 Consultation.
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 com- Public
ment before designating a database under paragraph (1)(B). information.
‘‘(3) ACCESS AND REVIEW.—
‘‘(A) IN GENERAL.—For purposes of identifying and pre-
venting 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 Consultation.
the Working System may, in consultation with the Waiver authority.
Office of Management and Budget, waive the require-
ments of section 552a(o) of title 5 in any case or class
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of cases for computer matching activities conducted

under this section.

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 134 STAT. 128 PUBLIC LAW 116–117—MAR. 2, 2020

‘‘(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 pay-
ments 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.
Guidance. ‘‘(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 require-
ments 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 sub-
mitted to Congress by the Director, regarding the operation
of the Do Not Pay Initiative, which shall—
Evaluation. ‘‘(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 identifica-
tion 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—
Extension. ‘‘(1) shall continue to be in effect on and after the date
of enactment of this section; and
Requirements. ‘‘(2) shall require each executive agency to review all pay-
Review. ments and awards for all programs and activities of that execu-
tive 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 PUR-
POSES OF INVESTIGATION AND PREVENTION OF IMPROPER PAY-
MENTS AND FRAUD.—
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‘‘(A) IN GENERAL.—Except as provided in this para-

graph, in accordance with section 552a of title 5 (commonly

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 PUBLIC LAW 116–117—MAR. 2, 2020 134 STAT. 129

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

executive agency may enter into computer matching agree-
ments 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 Deadline.
on which a proposal for an agreement under subparagraph
(A) has been presented to a Data Integrity Board estab-
lished 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 para- Applicability.
graph, 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 pre-
ceding 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 MANAGE-
MENT AND BUDGET.—The guidance, rules, and procedures
required to be issued, clarified, and established under para-
graphs (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 Extension.
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.
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 coordina-
tion with an Inspector General under section 6(j) of the
Inspector General Act of 1978 (5 U.S.C. App.).
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‘‘(e) PLAN TO CURB FEDERAL IMPROPER PAYMENTS TO DECEASED

INDIVIDUALS BY IMPROVING THE QUALITY AND USE BY FEDERAL

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 134 STAT. 130 PUBLIC LAW 116–117—MAR. 2, 2020

AGENCIES OF THE SOCIAL SECURITY ADMINISTRATION DEATH MASTER

FILE AND OTHER DEATH DATA.—
Consultation. ‘‘(1) ESTABLISHMENT.—In conjunction with the Commis-
Study. sioner of Social Security and in consultation with relevant
stakeholders that have an interest in or responsibility for pro-
viding 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 timeli-
ness of death data maintained by the Social Security Adminis-
tration, including death information reported to the Commis-
sioner under section 205(r) of the Social Security Act (42 U.S.C.
405(r)).
Recommenda- ‘‘(2) ADDITIONAL ACTIONS UNDER PLAN.—The plan described
tions. in this subsection shall include recommended actions by execu-
tive 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 appro-
priate;
‘‘(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 retire-
ment programs.
‘‘(3) REPORT.—Not later than 120 days after the date of
enactment of this section, the Director of the Office of Manage-
ment and Budget shall submit a report to Congress on the
plan described in this subsection, including recommended legis-
lation.
31 USC 3355. ‘‘§ 3355. Improving recovery of improper payments
Determinations. ‘‘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.
31 USC 3356. ‘‘§ 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
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procedure required to be established under section 7(a) of the

Improper Payments Elimination and Recovery Improvement Act

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 PUBLIC LAW 116–117—MAR. 2, 2020 134 STAT. 131

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 Extension.
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 informa-
tion 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 deter-
mines 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 guid-
ance 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 Extension.
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 31 USC 3357.
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 Extension.
of enactment of this section; and
‘‘(2) may be periodically modified by the Director of the Consultation.
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 Evaluation.
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 mecha- Data.
nisms on detected fraud to monitor fraud trends and using
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that data and information to continuously improve fraud

prevention controls; and

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 134 STAT. 132 PUBLIC LAW 116–117—MAR. 2, 2020

‘‘(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.
31 USC 3358. ‘‘§ 3358. Interagency working group for Governmentwide
payment integrity improvement
‘‘(a) WORKING GROUP.—
Deadline. ‘‘(1) ESTABLISHMENT.—Not later than 90 days after the
date of enactment of this section, there is established an inter-
agency working group on payment integrity—
‘‘(A) to improve—
‘‘(i) State-administered Federal programs to deter-
mine 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
Data. ‘‘(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 estab-
lished 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 agen-
cies 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.
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Assessment. ‘‘(b) CONSULTATION.—The working group established under sub-

section (a)(1) may consult with Offices of Inspectors General and

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 PUBLIC LAW 116–117—MAR. 2, 2020 134 STAT. 133

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 sub-
section (a)(1) shall hold not fewer than 4 meetings per year.
‘‘(d) REPORT.—Not later than 240 days after the date of enact- Plans.
ment 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 Fed-
eral 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 31 USC 3301
by adding at the end the following: prec.
‘‘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 pay-
ments.
‘‘3357. Financial and administrative controls relating to fraud and improper pay-
ments.
‘‘3358. Interagency working group for Governmentwide payment integrity improve-
ment.’’.
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. 31 USC 3301
(3) IMPROPER PAYMENTS ELIMINATION AND RECOVERY note, 3321 notes.
IMPROVEMENT ACT OF 2012.—The Improper Payments Elimi-
nation 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
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the Homeland Security Act of 2002 (6 U.S.C. 612(a)) is

amended—

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 134 STAT. 134 PUBLIC LAW 116–117—MAR. 2, 2020

(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 Secu-
rity 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).

Approved March 2, 2020.

LEGISLATIVE HISTORY—S. 375:

SENATE REPORTS: No. 116–35 (Comm. on Homeland Security and Governmental
Affairs).
CONGRESSIONAL RECORD:
Vol. 165 (2019): July 16, considered and passed Senate.
Vol. 166 (2020): Feb. 5, considered and passed House.
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