Preventing Waste, Fraud, and Abuse Act of 2010 - Requires the Attorney General, the Commissioner of Social Security, and the Secretaries of Health and Human Services (HHS), Labor, and the Treasury (agency head), in consultation with the Director of the Office of Management and Budget (OMB), to: (1) identify existing federal laws and regulations that may impede the ability to decrease waste, fraud, and abuse of funds appropriated to their agencies; and (2) develop appropriate performance metrics to measure success in decreasing waste, fraud, and abuse.
Directs each agency head, in developing performance metrics, to: (1) ensure that such metrics accurately demonstrate the effectiveness of specified programs and activities in decreasing waste, fraud, and abuse; (2) provide estimates for points of diminishing returns on the funds provided under this Act to increase program integrity efforts; (3) identify optimal baselines for each of the metrics developed and appropriate methods to measure variations from such baselines; and (4) set performance targets for each of FY2012-FY2020.
Requires each agency head to make appropriate accommodations for innovation and development to address the program integrity efforts for programs and activities identified by this Act.
Requires: (1) each agency head to submit an interim and final report to Congress at specified intervals and to publish in the Federal Register and make available on the agency website the performance metrics set forth in the final report; and (2) the Director of OMB to report annually measuring success in decreasing waste, fraud, and abuse of funds appropriated to an agency.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5363 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5363
To make funds available to increase program integrity efforts and
reduce wasteful government spending of taxpayer's dollars.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 20, 2010
Mr. Schrader (for himself, Mr. Arcuri, Mr. Boren, Mr. Boyd, Mr.
Cardoza, Mr. Chandler, Mr. Childers, Mr. Cooper, Mr. Costa, Mr.
Cuellar, Mr. Davis of Tennessee, Mr. Ellsworth, Ms. Giffords, Ms.
Harman, Ms. Herseth Sandlin, Mr. Hill, Mr. Holden, Mr. Kagen, Mr.
Kratovil, Ms. Markey of Colorado, Mr. Matheson, Mr. McIntyre, Mr.
Melancon, Mr. Michaud, Mr. Minnick, Mr. Moore of Kansas, Mr. Murphy of
New York, Mr. Nye, Mr. Ross, Ms. Loretta Sanchez of California, Mr.
Schiff, Mr. Shuler, Mr. Tanner, and Mr. Wilson of Ohio) introduced the
following bill; which was referred to the Committee on Ways and Means,
and in addition to the Committees on Energy and Commerce and Education
and Labor, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To make funds available to increase program integrity efforts and
reduce wasteful government spending of taxpayer's 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 ``Preventing Waste, Fraud, and Abuse
Act of 2010''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) To protect the taxpayer and the Treasury, it is the
responsibility of the Congress to provide Federal agencies with
the financial resources necessary to enforce the laws of the
United States and to prevent waste, fraud, and abuse of
taxpayer's dollars.
(2) For every $1 invested in the Department of Health and
Human Services and the Department of Justice for program
integrity efforts to prevent waste, fraud, and abuse of
Medicare, Medicaid, and the Children's Health Insurance
Program, approximately $1.55 will be saved, according to a
report issued by the Office of Management and Budget.
(3) Increased program integrity efforts by the Department
of Health and Human Services and the Department of Justice can
provide an estimated savings of $4,470,000,000 on an investment
of $3,100,000,000 in Medicare, Medicaid, and the Children's
Health Insurance Program over the next 5 fiscal years and an
estimated savings of $9,870,000,000 on an investment of
$6,753,000,000 over the next 10 fiscal years, according to a
report issued by the Office of Management and Budget.
(4) For every $1 invested in the Social Security
Administration for program integrity efforts to increase the
volume of continuing disability reviews conducted pursuant to
section 221(i) of the Social Security Act (42 U.S.C. 421(i)) to
determine whether a recipient of disability insurance benefits
under section 223(a) of such Act (42 U.S.C. 423(a)) will
continue to be eligible for such benefits, approximately $10
will be saved, according to a report issued by the Office of
Management and Budget.
(5) For every $1 invested in the Social Security
Administration for program integrity efforts to increase the
volume of continuing disability reviews conducted pursuant to
section 1631(j) of Social Security Act (42 U.S.C. 1383(j)) to
determine whether a recipient of supplemental security income
benefits under section 1611 of such Act (42 U.S.C. 1382) will
continue to be eligible for such benefits, approximately $8
will be saved, according to a report issued by the Office of
Management and Budget.
(6) Providing additional funding to the Social Security
Administration to increase the volume of continuing disability
reviews conducted pursuant to sections 221(i) and 1631(j) of
Social Security Act (42 U.S.C. 421(i), 1383(j), respectively)
can provide an estimated savings of $16,102,000,000 on an
investment of $3,953,000,000 over the next 5 fiscal years and
an estimated savings of $57,838,000,000 on an investment of
$10,252,000,000 over the next 10 fiscal years, according to a
report issued by the Office of Management and Budget.
(7) The tax gap, the difference between the annual amount
of Federal income taxes owed and the amount voluntarily paid on
time, places an undue burden upon the overwhelming majority of
taxpayers who fully and voluntarily pay their taxes on time.
(8) In a report released in 2009 by the Internal Revenue
Service, it was estimated that in 2005 (the most recent
estimate available) the gross tax gap was $345,000,000,000 and
the net tax gap (after the collection of late and enforced
payments) was $290,000,000,000.
(9) In 2009, for every $1 that was invested for the
purposes of enforcing the tax code, the Internal Revenue
Service returned an average of $4 to the Treasury, with some
enforcement activities returning as much as $11 for every $1
invested, according to a report issued by the Office of
Management and Budget.
(10) By increasing overall tax enforcement efforts, the
Internal Revenue Service can provide an estimated savings of
$13,874,000,000 on an investment of $8,869,000,000 over the
next 5 fiscal years and an estimated savings of $62,217,000,000
on an investment of $23,275,000,000 over the next 10 fiscal
years, according to a report issued by the Office of Management
and Budget.
(11) For each $1 invested to increase the volume of in-
person reemployment and eligibility assessments conducted by
States for the Department of Labor's unemployment insurance
program, approximately $3.19 will be saved over the next 10
years, according to a report issued by the Office of Management
and Budget.
(12) States will save the Department of Labor's
unemployment insurance program an estimated $937,000,000 on an
investment of $325,000,000 by increasing the volume of in-
person reemployment and eligibility assessments over the next 5
fiscal years and an estimated savings of $2,296,000,000 on an
investment of $720,000,000 over the next 10 fiscal years,
according to a report issued by the Office of Management and
Budget.
(13) The investments described in the preceding paragraphs,
if carried out, will save the taxpayers nearly $2,000,000,000
during fiscal year 2011, while laying the foundations for
saving more than $35,000,000,000 over the next 5 fiscal years
and more than $132,000,000,000 over the next 10 fiscal years.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agency head.--The term ``agency head'' means--
(A) the Attorney General;
(B) the Commissioner of Social Security;
(C) the Secretary of Health and Human Services;
(D) the Secretary of Labor; and
(E) the Secretary of the Treasury.
(2) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
SEC. 4. INCREASING PROGRAM INTEGRITY EFFORTS.
(a) Program Integrity Efforts.--
(1) In general.--Each agency head, in consultation with the
Director, shall--
(A) identify existing Federal laws and regulations
that may impede the ability to decrease waste, fraud,
and abuse of funds appropriated to the agency head's
agency; and
(B) develop appropriate performance metrics to
measure such agency's success in decreasing waste,
fraud, and abuse.
(2) Development of metrics.--In developing performance
metrics referred to in paragraph (1)(B), each agency head
shall--
(A) ensure that such metrics accurately demonstrate
the effectiveness of the programs and activities
referred to in subsection (d) in decreasing waste,
fraud, and abuse;
(B) provide estimates for points of diminishing
returns on the funds provided under this Act to
increase program integrity efforts;
(C) identify optimal baselines for each of the
metrics developed under this subsection and appropriate
methods to measure variations from such baselines; and
(D) set performance targets for each of fiscal
years 2012 through 2020.
(b) Innovation and Development.--Each agency head shall make
appropriate accommodations for innovation and development to address
the program integrity efforts for programs and activities referred to
in subsection (d).
(c) Reports.--
(1) In general.--Each agency head shall submit to
Congress--
(A) not later than 6 months after the date of
enactment of this Act, an interim report that includes
a description of--
(i) what the performance metrics developed
under subsection (a) will be measuring; and
(ii) how such metrics will measure and
provide an accurate analysis of the performance
of the applicable programs and activities
referred to in subsection (d); and
(B) not later than 1 year after the date of
enactment of this Act, a final report that sets forth
the performance metrics developed under subsection (a).
(2) Federal register; web site.--Each agency head shall
publish in the Federal Register and make available on the
agency Web site the performance metrics set forth in its final
report submitted under paragraph (1)(B) not later than 30 days
after such report is submitted.
(3) Modification of performance metrics.--Not later than 30
days after the date on which any performance metrics developed
under subsection (a) are modified by an agency head, such
agency head shall submit to Congress a written notice
describing such modifications.
(4) OMB annual report.--Using the performance metrics
developed under subsection (a), each year, beginning with the
first fiscal year following the date on which the final reports
are required to be submitted under paragraph (1)(B), on or
after the first Monday in January but not later than the first
Monday in February, the Director shall submit to Congress an
annual report measuring the success of the agency head's agency
in decreasing waste, fraud, and abuse of funds appropriated to
such agency. Each annual report shall include a summary of and
justifications for any modified performance metrics submitted
to Congress pursuant to paragraph (3).
(5) Referral of reports.--Each report submitted pursuant to
this subsection shall be referred to the Committee on
Appropriations and the Committee on the Budget of the House of
Representatives and the Committee on Appropriations and the
Committee on the Budget of the Senate, and any other
appropriate committee of jurisdiction.
(d) Authorization of Appropriations.--
(1) Department of health and human services; department of
justice.--For the purposes of continuing and increasing program
integrity efforts of the Department of Health and Human
Services and the Department of Justice to prevent waste, fraud,
and abuse of Medicare, Medicaid, and the Children's Health
Insurance Program, there are authorized to be appropriated the
following sums:
(A) $561,000,000 for fiscal year 2011, to remain
available through September 30, 2012.
(B) $589,000,000 for fiscal year 2012, to remain
available through September 30, 2013.
(C) $619,000,000 for fiscal year 2013, to remain
available through September 30, 2014.
(D) $649,000,000 for fiscal year 2014, to remain
available through September 30, 2015.
(E) $682,000,000 for fiscal year 2015, to remain
available through September 30, 2016.
(F) $3,653,000,000 for the period encompassing
fiscal years 2016 through 2020.
(2) Social security administration.--For the purposes of
continuing and increasing program integrity efforts of the
Social Security Administration by increasing the volume of
continuing disability reviews conducted pursuant to sections
221(i) and 1631(j) of the Social Security Act (42 U.S.C.
421(i), 1383(j), respectively), there are authorized to be
appropriated to the Commissioner of Social Security the
following sums:
(A) $513,000,000 for fiscal year 2011, to remain
available through September 30, 2012.
(B) $642,000,000 for fiscal year 2012, to remain
available through September 30, 2013.
(C) $751,000,000 for fiscal year 2013, to remain
available through September 30, 2014.
(D) $924,000,000 for fiscal year 2014, to remain
available through September 30, 2015.
(E) $1,123,000,000 for fiscal year 2015, to remain
available through September 30, 2016.
(F) $6,299,000,000 for the period encompassing
fiscal years 2016 through 2020.
(3) Department of the treasury.--For purposes of continuing
and increasing program integrity efforts of the Department of
the Treasury by expanding tax enforcement activities, there are
authorized to be appropriated to the Secretary of the Treasury
the following sums:
(A) $1,115,000,000 for fiscal year 2011, to remain
available through September 30, 2012.
(B) $1,357,000,000 for fiscal year 2012, to remain
available through September 30, 2013.
(C) $1,724,000,000 for fiscal year 2013, to remain
available through September 30, 2014.
(D) $2,105,000,000 for fiscal year 2014, to remain
available through September 30, 2015.
(E) $2,568,000,000 for fiscal year 2015, to remain
available through September 30, 2016.
(F) $14,406,000,000 for the period encompassing
fiscal years 2016 through 2020.
(4) Department of labor.--For purposes of continuing and
increasing program integrity efforts of the Department of Labor
by increasing the volume of in-person reemployment and
eligibility assessments of unemployment insurance beneficiaries
conducted by States, there are authorized to be appropriated to
the Secretary of Labor the following sums:
(A) $55,000,000 for fiscal year 2011, to remain
available through September 30, 2012.
(B) $60,000,000 for fiscal year 2012, to remain
available through September 30, 2013.
(C) $65,000,000 for fiscal year 2013, to remain
available through September 30, 2014.
(D) $70,000,000 for fiscal year 2014, to remain
available through September 30, 2015.
(E) $75,000,000 for fiscal year 2015, to remain
available through September 30, 2016.
(F) $395,000,000 for the period encompassing fiscal
years 2016 through 2020.
<all>
Introduced in House
Introduced in House
Referred to House Ways and Means
Referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Energy and Commerce
Referred to House Education and Labor
Referred to the Subcommittee on Health, Employment, Labor, and Pensions.
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