,,ii #aagth ,,congress #ast ,session ,s4 #cbba ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ag1 #bjba,mr4 ,braun introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to reduce improper payments and eliminate waste in ,federal programs1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,irs ,improper ,payments ,act4 #b4 ,findings and purpose 7a7 ,findings ,congress finds that when the ,federal ,government makes payments to individuals and businesses as beneficiaries1 grantees1 or contractors1 or on behalf of beneficiaries1 of ,federal programs1 the ,federal ,government must make every effort to confirm that the right recipient is receiving the right payment for the right reason at the right time4 7b7 ,purpose ,the purpose of this ,act is to-- 7#a7 reduce improper payments in the major programs administered by the ,federal ,government-- 7,a7 by intensifying efforts to eliminate payment error1 waste1 fraud1 and abuse in those programs2 and 7,b7 continuing to ensure that ,federal programs serve and provide access to the intended beneficiaries of those programs2 7#b7 adopt a comprehensive set of policies1 including-- 7,a7 transparency and public scrutiny of significant improper payments throughout the ,federal ,government2 7,b7 a focus on identifying and eliminating the highest improper payments2 7,c7 accountability for reducing improper payments among agencies and officials of agencies2 and 7,d7 coordinated action by the ,federal ,government and ,state and local governments in identifying and eliminating improper payments2 and 7#c7 protect access to ,federal programs by their intended beneficiaries4 #c4 ,title #ca amendments 7a7 ,in general ,subchapter ,,iv of chapter #cc of title #ca1 ,united ,states ,code1 is amended-- 7#a7 in section #ccea-- 7,a7 by redesignating paragraphs 7#d71 7#e71 7#f71 7#g71 and 7#h7 as paragraphs 7#e71 7#f71 7#g71 7#h71 and 7#aj71 respectively2 7,b7 by inserting after paragraph 7#c7 the following3 7#e7 ,high-priority program ,the term high-priority program means a ,federal program identified by the ,director of the ,office of ,management and ,budget under section #ccei7;a77#a74 2 and 7,c7 by inserting after paragraph 7#h71 as so redesignated1 the following3 7#i7 ,high-priority program reduction target ,the term high-priority program reduction target means a target for reducing improper payments associated with a high-priority program under section #ccei7;a77#b74 2 and 7#b7 by adding at the end the following3 #ccei4 ,transparency and public participation 7a7 ,high priority programs ,not later than #ij days after the date of enactment of this section1 the ,director of the ,office of ,management and ,budget shall-- 7#a7 identify ,federal programs in which the highest dollar value or majority of ,government-wide improper payments occur2 7#b7 establish1 in coordination with the head of each executive agency responsible for administering a high-priority program-- 7,a7 annual targets for reducing improper payments associated with the high-priority program2 or 7,b7 if a target described in subparagraph 7,a7 exists as of the date of enactment of this ,act1 supplemental targets for reducing improper payments associated with the high-priority program2 and 7#c7 issue ,government-wide guidance on the implementation of this ,act1 including procedures for-- 7,a7 identifying and publicizing the list of entities described in subsection 7c77#b77;,e72 and 7,b7 prior to publication1 administratively appealing the decision to publish the identity of those entities4 7b7 ,working group 7#a7 ,in general ,not later than #ij days after the date of enactment of this section1 the ,director of the ,office of ,management and ,budget shall establish a working group to be known as the ,high ,priority ,program ,working ,group 7referred to in this section as the ,working ,group74 7#b7 ,members ,the ,working ,group shall consist of officials of the ,federal ,government and ,state and local governments4 7#c7 ,recommendations ,not later than #ahj days after the date of enactment of this section1 the ,working ,group1 in coordination with ,council of the ,inspectors ,general on ,integrity and ,efficiency1 shall submit to the ,director of the ,office of ,management and ,budget recommendations designed to improve the measurement by the ,federal ,government of access to ,federal programs by the intended beneficiaries of those programs4 7c7 ,published high-,priority program information 7#a7 ,in general ,not later than #ahj days after the date of enactment of this section1 and annually thereafter1 the ,secretary of the ,treasury1 in coordination with the ,attorney ,general and the ,director of the ,office of ,management and ,budget1 shall publish on the internet information about improper payments under high-priority programs4 7#b7 ,contents ,the information published under paragraph 7#a7 shall include1 subject to ,federal privacy policies and to the extent permitted by law-- 7,a7 the names of the accountable officials designated under section #ccfj7;a72 7,b7 rates and amounts as of the date of enactment of this section1 and historical rates and amounts1 of improper payments in ,federal programs of the ,internal ,revenue ,service1 including1 if known and appropriate1 the causes of the improper payments2 7,c7 7i7 rates and amounts as of the date of enactment of this section1 and historical rates and amounts1 of the recovery of improper payments1 where appropriate2 or 7ii7 for high-priority programs in which improper payments are identified solely on the basis of a sample1 rates and amounts of the recovery of improper payments estimated on the basis of the applicable sample2 7,d7 high-priority program reduction targets1 where appropriate2 and 7,e7 the entities that-- 7i7 have received the greatest amount of unreturned improper payments2 and 7ii7 in ,federal programs in which improper payments are identified solely on the basis of a sample1 have received the greatest amount of outstanding improper payments in the applicable sample4 7#c7 ,measurements ,the ,secretary of the ,treasury may include in the information published under paragraph 7#a7 any measurements included in the recommendations of the ,working ,group submitted under subsection 7b77#c74 7#d7 ,prohibition ,the information described in paragraph 7#b77;,e7 may not include information relating to any referrals the executive agency has made or anticipates making to the ,attorney ,general or any information provided in connection with those referrals4 7d7 ,collecting information from the public ,not later than #ahj days after the date of enactment of this section1 the ,secretary of the ,treasury1 in coordination with the ,attorney ,general and the ,director of the ,office of ,management and ,budget and in consultation with the ,council of the ,inspectors ,general on ,integrity and ,efficiency1 shall establish a central internet-based method to collect from the public information relating to suspected incidents of waste1 fraud1 and abuse by an entity receiving ,federal funds that have led or may lead to improper payments by the ,federal ,government4 7e7 ,links ,the head of each executive agency shall prominently display on the homepage of the website of the executive agency a link to internet-based resources for addressing improper payments1 including the information published under subsection 7c77#a7 and the internet-based method established under subsection 7d74 #ccfj4 ,agency accountability and coordination 7a7 ,accountable officials ,not later than #abj days after the date of enactment of this section1 the head of each executive agency that administers a high-priority program shall designate a ,senate-confirmed official of the executive agency to be accountable for meeting the high-priority program reduction targets of the executive agency without unduly burdening access to the high-priority program and participation by eligible beneficiaries4 7b7 ,second official ,if an executive agency that administers a high-priority program for which the majority of payments are administered under a single component of the executive agency1 the head of the executive agency shall designate an official of that component1 who shall-- 7#a7 be responsible for program integrity activities2 and 7#b7 as appropriate1 consolidate and coordinate each program integrity activity of the component4 7c7 ,report ,not later than #ahj days after the date of enactment of this section1 and annually thereafter1 each executive agency official who is designated by the ,director of the ,office of ,management and ,budget under subsection 7a7 or otherwise shall provide the inspector general of the executive agency served by the official a report that includes-- 7#a7 the methodology of the executive agency for identifying and measuring improper payments by each high-priority program of the executive agency2 7#b7 the plans of the executive agency and supporting analysis for meeting high-priority program reduction targets2 and 7#c7 the plans of the executive agency and supporting analysis for ensuring that initiatives undertaken in accordance with this subchapter do not unduly burden program access and participation by eligible beneficiaries4 7d7 ,duties of inspector general ,annually1 the inspector general shall1 with respect to each high-priority program of the executive agency-- 7#a7 assess the level of risk associated with the program2 7#b7 determine the extent of oversight warranted2 and 7#c7 provide the head of the executive agency with recommendations1 if any1 for modifying the methodology1 improper payment reduction plans1 or program access and participation plans of the executive agency4 7e7 ,agency failure 7#a7 ,in general ,if an executive agency fails to meet the high-priority program reduction targets of the executive agency or implement the plans described in subsection 7c77#c7 for not less than #b consecutive years1 the official of the executive agency designated under subsection 7a7 shall submit to the head of the executive agency1 the inspector general of the executive agency1 and chief financial officer of the executive agency a report that-- 7,a7 describe the likely causes of the failure2 and 7,b7 proposes a remedial plan4 7#b7 ,review ,annually1 the head of an executive agency described in paragraph 7#a7 shall1 with respect to a remedial plan proposed under paragraph 7#a77;,b7-- 7,a7 review the remedial plan2 and 7,b7 in consultation with the inspector general and chief financial officer of the executive agency1 forward the remedial plan and any additional comments and analysis to the ,director of the ,office of ,management and ,budget4 7f7 ,,cfoc recommendations 7#a7 ,in general ,not later than #ahj days after the date of enactment of this section1 the ,chief ,financial ,officers ,council1 in consultation with the ,council of the ,inspectors ,general on ,integrity and ,efficiency1 the ,attorney ,general1 and ,federal program experts1 shall submit to the ,director of the ,office of ,management and ,budget and the ,secretary of the ,treasury recommendations on actions1 including actions relating to forensic accounting and audits1 agencies should take to more effectively tailor methodologies for identifying and measuring improper payments to ,federal programs1 or components of ,federal programs1 in which improper payments are most likely to occur4 7#b7 ,contents ,the recommendations submitted under paragraph 7#a7 shall address the manner in which the recommended actions would affect program access and participation by eligible beneficiaries4 7g7 ,recommendations ,to reduce improper payments 7#a7 ,in general ,not later than #ahj days after the date of enactment of this section1 the ,secretary of the ,treasury and the ,director of the ,office of ,management and ,budget1 in consultation with the ,council of the ,inspectors ,general on ,integrity and ,efficiency1 the ,attorney ,general1 and ,federal program experts1 shall submit to the ,president recommendations for actions designed to reduce improper payments by improving information sharing among agencies and ,federal programs1 and when applicable1 ,state and local governments and other stakeholders4 7#b7 ,contents ,the recommendations submitted under paragraph 7#a7 shall-- 7,a7 address the ways in which information sharing may improve eligibility verification and pre-payment scrutiny2 7,b7 identify legal or regulatory impediments to effective information sharing2 and 7,c7 address the manner in which the recommended actions would affect ,federal program access and participation by eligible beneficiaries4 7h7 ,report 7#a7 ,in general ,subject to ,federal privacy policies and to the extent permitted by law1 not later than #ahj days after the date of enactment of this section1 and not less frequently than quarterly thereafter1 the head of each executive agency shall submit to the inspector general of the executive agency and the ,council of the ,inspectors ,general on ,integrity and ,efficiency1 and make available to the public1 a report on any high-dollar improper payments identified by the executive agency4 7#b7 ,contents ,the report required under paragraph 7#a7-- 7,a7 shall describe any actions that the executive agency-- 7i7 has taken or plans to take to recover improper payments2 and 7ii7 intends to take to prevent improper payments from occurring in the future2 and 7,b7 may not include any referrals the executive agency made or anticipates making to the ,attorney ,general or any information provided in connection with those referrals4 7#c7 ,review ,not later than #fj days after the date on which the head of an executive agency submits a report under paragraph 7#a71 the inspector general of each executive agency and the ,council of the ,inspectors ,general on ,integrity and ,efficiency shall-- 7,a7 assess the level of risk associated with the ,federal program under which a high-dollar improper payment described in paragraph 7#a7 was made2 7,b7 determine the extent of oversight of the ,federal program described in subparagraph 7,a7 that is warranted2 and 7,c7 provide the head of the executive agency with recommendations1 if any1 for modifying the plans of the executive agency4 #ccfa4 ,enhanced focus on contractors and working with ,state and local stakeholders 7a7 ,enhanced focus on contractors ,not later than #ahj days after the date of enactment of this section1 the ,federal ,acquisition ,regulatory ,council1 in coordination with the ,director of the ,office of ,management and ,budget and in consultation with the ,national ,procurement ,fraud ,task ,force 7or its successor group71 the ,council of the ,inspectors ,general on ,integrity and ,efficiency1 and appropriate executive agency officials1 shall recommend to the ,president actions designed to enhance contractor accountability for improper payments1 which may include subjecting contractors to debarment1 suspension1 financial penalties1 and identification through a public internet website1 subject to ,federal privacy policies and to the extent permitted by law and where the identification would not interfere with or compromise an ongoing criminal or civil investigation1 for knowingly failing timely to disclose credible evidence of significant overpayments received under ,federal contracts4 7b7 ,working group for audits 7#a7 ,in general ,not later than #cj days after the date of enactment of this section1 the ,director of the ,office of ,management and ,budget shall establish a working group to be known as the ,auditing ,working ,group4 7#b7 ,members ,the working group established under paragraph 7#a7 shall consist of officials of the ,federal ,government and elected officials of ,state and local governments4 7#c7 ,chair ,the ,director of the ,office of ,management and ,budget may designate an appropriate official to serve as the ,chair of the working group established under paragraph 7#a7 to convene the meetings and direct the work of the working group4 7#d7 ,duties ,not later than #ahj days after the date of enactment of this section1 the working group established under paragraph 7#a71 in coordination with the ,council of the ,inspectors ,general on ,integrity and ,efficiency1 shall submit to the ,director of the ,office of ,management and ,budget recommendations designed to improve the effectiveness of single audits of ,state and local governments and nonprofit organizations that expend ,federal funds4 7#e7 ,contents ,the recommendations required under paragraph 7#d7 shall address-- 7,a7 the effectiveness of the audits described in that paragraph in identifying improper payments2 and 7,b7 opportunities to streamline or eliminate single audit requirements in situations in which the value of those requirements is minimal4 7c7 ,working group for accountability 7#a7 ,in general ,not later than #cj days after the date of enactment of this section1 the ,director of the ,office of ,management and ,budget shall establish a working group1 which may be a component of the working group established under subsection 7b71 to be known as the ,accountability ,working ,group4 7#b7 ,members ,the working group established under paragraph 7#a7 shall consist of officials of the ,federal ,government and elected officials of ,state and local governments4 7#c7 ,chair ,the ,director of the ,office of ,management and ,budget may designate an appropriate official to serve as the ,chair of the working group established under paragraph 7#a7 to convene the meetings and direct the work of the working group4 7#d7 ,duties ,not later than #ahj days after the date of enactment of this section1 the working group established under paragraph 7#a71 in consultation with the ,council of the ,inspectors ,general on ,integrity and ,efficiency1 shall submit to the ,director of the ,office of ,management and ,budget recommendations for administrative actions designed to improve the incentives and accountability of ,state and local governments and other entities receiving ,federal funds for reducing improper payments4 #ccfb4 ,policy proposals 7a7 ,in general ,not later than #ahj days after the date of enactment of this section1 the ,director of the ,office of ,management and ,budget1 in consultation with the heads of appropriate agencies and the ,council of the ,inspectors ,general on ,integrity and ,efficiency1 shall develop policy recommendations1 including potential legislative proposals1 designed to reduce improper payments1 including improper payments caused by error1 waste1 fraud1 and abuse1 across ,federal programs without compromising program access4 7b7 ,inclusion ,the recommendations developed under subsection 7a7 shall be included1 as appropriate1 in the budget of the ,president under section #aaje7;a7 of title #ca1 ,united ,states ,code for fiscal year #bjbc and each fiscal year thereafter4 4 7b7 ,clerical amendment ,the table of sections for subchapter ,,iv of chapter #cc of title #ca1 ,united ,states ,code1 is amended by adding at the end the following3 #ccei4 ,transparency and public participation4 #ccfj4 ,agency accountability and coordination4 #ccfa4 ,enhanced focus on contractors and working with ,state and local stakeholders4 #ccfb4 ,policy proposals4 4