124 STAT. 2224 PUBLIC LAW 111–204—JULY 22, 2010 Public Law 111–204 111th Congress 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 ACTIVI- TIES.— ‘‘(1) IN GENERAL.—The head of each agency shall, in accord- ance 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 assess- ment cycle. ‘‘(3) RISK ASSESSMENTS.— ‘‘(A) DEFINITION.—In this subsection the term ‘signifi- cant’ 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 pay- ments 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 Sep- tember 30th of a fiscal year beginning before fiscal year 2013 as determined by the Office of Management Deadline. Guidelines. 31 USC 3301 note. Improper Payments Elimination and Recovery Act of 2010. July 22, 2010 [S. 1508]
