P.L. 111-204, The Improper Payments Elimination and Recovery Act of 2009

• This item is from the 111th Congress (2009-2010) and is no longer current. Comments, voting, and wiki editing have been disabled, and the cost/savings estimate has been frozen.

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S. 1508 would 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.

Detailed Summary

Improper Payments Elimination and Recovery Act of 2009- Amends the Improper Payments Information Act of 2002 to require the head of each federal agency to review agency programs and activities every three fiscal years and identify those that may be susceptible to significant improper payments. Defines "significant" to mean improper payments in program or activity payments in the preceding fiscal year that may have exceeded: (1) $10 million and 2.5% of program outlays (1.5% prior to FY2013); or (2) $100 million. Sets forth risk factors for conducting improper payment reviews, including: (1) whether the program or activity is new to the agency; (2) the volume of payments made; (3) whether payment decisions are made outside of the agency; (4) recent major changes in program funding, authorities, practices, or procedures; (5) the level and quality of personnel training; and (6) significant deficiencies in auditing practices.

Requires agency heads to: (1) produce a statistically valid estimate of the improper payments in their agencies; and (2) include such estimates in their annual financial statements.

Expands agency reporting requirements with respect to improper payments to require reports on actions to reduce and recover improper payments.

Requires the Director of the Office of Management and Budget (OMB) to: (1) report to specified congressional committees and the Comptroller General in each fiscal year on actions agencies have taken to report on and recover improper payments; and (2) provide guidance to agencies for implementing actions to reduce improper payments and strategies for addressing risks and establishing internal controls.

Requires agency heads to conduct recovery audits for agency programs that expend $1 million or more annually if such audits would be cost-effective.

Requires each agency's Inspector General to report each fiscal year on agency compliance with this Act.

Authorizes the Director of OMB to establish one or more pilot programs to test accountability mechanisms to ensure compliance with this Act and eliminate improper payments.

Status of the Legislation

Latest Major Action: 6/23/2010: Passed/agreed to in Senate. Status: Passed Senate with an amendment by Unanimous Consent.

Points in Favor

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Points Against

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