Overview
Title
To amend title 31, United States Code, to improve the management of improper payments, and for other purposes.
ELI5 AI
The "STEP Act" is a plan to help government workers stop mistakes with money without giving them more money to do it, which might make their jobs harder.
Summary AI
The bill, titled the "Safeguarding the Transparency and Efficiency of Payments Act" or "STEP Act," aims to improve the management and prevention of improper payments by amending title 31 of the United States Code. It introduces more robust definitions and requirements for chief financial officers in executive agencies to identify and manage programs at risk of improper payments, particularly those with large budgets or new operations. The bill mandates annual reports from agencies detailing their efforts to control fraud and improper payments, and outlines steps agencies must take to manage fraud risks effectively. Importantly, the bill specifies that no additional funding will be provided for its implementation.
Published
Keywords AI
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Bill Statistics
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AnalysisAI
The Safeguarding the Transparency and Efficiency of Payments Act, or the STEP Act, seeks to amend certain portions of the United States Code to address improper payments made by federal agencies. Introduced in the Senate, the bill aims to improve management practices through revised definitions, enhanced reporting requirements, and strengthened oversight procedures. A central focus of the legislation is to prevent significant improper payments by identifying susceptible programs and activities, especially those with substantial financial outlays.
General Summary of the Bill
The STEP Act addresses improper payments management and fraud prevention within federal agencies. It proposes amendments to the financial oversight mechanisms governing the U.S. government, mandating annual reports to ensure transparency in identifying significant areas of excessive spending. Additionally, the bill enhances the role of Chief Financial Officers in managing program finances, requiring them to certify the reliability of financial assessments and corrective measures. Importantly, the act specifies that no additional funds will be allocated for its implementation, implying that agencies must manage these new requirements within existing budgets.
Significant Issues
Despite its intentions, the bill presents several notable issues. One of the primary concerns is the complexity of the language used in the legislation, which may pose challenges to both public understanding and agency implementation. Terms like "significant improper payments" are vague and open to interpretation, potentially leading to inconsistent practices across agencies. The increased responsibilities assigned to Chief Financial Officers, without additional resources, could strain their capacity to effectively manage financial activities. Additionally, the requirement for multiple reports and certifications might place an administrative burden on agencies, particularly smaller ones with limited resources, potentially diverting attention from other critical functions.
The clause that mandates a ten-year reporting commitment raises questions about its necessity, especially if repeated issues persist without solutions. Furthermore, although the bill states that no additional funds are available for implementation, it remains unclear how agencies will accommodate these changes if existing resources prove insufficient.
Potential Impact on the Public
Broadly speaking, the STEP Act's aim to tighten financial oversight of improper payments could contribute to more efficient government spending, potentially saving taxpayer money. By identifying and mitigating fraud risks early, the government could enhance trust and accountability. However, if agencies are overburdened by the reporting requirements, or if insufficient funding hinders effective implementation, the public might see minimal improvements in financial management despite these new legislative efforts.
Impact on Specific Stakeholders
For federal agencies, this bill signifies a shift towards more rigorous scrutiny of financial activities, likely requiring adjustments in existing procedures and additional workload for officers responsible for financial oversight. Chief Financial Officers may find the added responsibilities challenging without extra support or funding.
On a positive note, companies and contractors interacting with government agencies may benefit from clearer frameworks and guidelines, establishing fairer practices in government contracts and grants by limiting fraudulent activities. Conversely, stakeholders involved in new government programs, which are subject to rigorous evaluation under the proposed rules, might face closer inspection and stricter funding conditions.
In sum, while the STEP Act aims to safeguard public funds through more robust financial oversight, its success will largely depend on the feasibility of meeting its requirements within allocated budgets, coupled with clarity in its execution across diverse federal agencies.
Financial Assessment
The "Safeguarding the Transparency and Efficiency of Payments Act" (STEP Act) introduces amendments aimed at improving the management of improper payments. The bill primarily focuses on identifying and managing programs susceptible to improper payments through enhanced definitions and responsibilities for chief financial officers within executive agencies.
Spending and Financial Allocations
One significant aspect of this bill is its emphasis on improving how agencies manage and report improper payments without authorizing any additional funds for its implementation. Section 3 explicitly states that no additional funds are authorized to carry out the bill's measures. This means that agencies must implement the required changes and meet the new reporting obligations using their current budgets.
Financial References and Issues
This reliance on existing funding is a key issue raised in the analysis of the bill. By not providing additional funds, there is concern that agencies, particularly smaller ones, may struggle with the increased administrative demands and reporting requirements outlined in Section 2. This section substantially increases the workload of chief financial officers. Given the absence of additional financial support, it raises questions about their capacity to fulfill these new obligations effectively.
The potential for improper payments remains ambiguous, as terms such as "significant improper payments" are not clearly defined. This ambiguity could lead to inconsistent application across agencies, complicating financial management and oversight efforts. Additionally, the requirement for an annual report over the next ten years without extra funding could place a considerable administrative burden on agencies. Coupled with the expanded duties for financial managers, this might stretch resources thin, ultimately affecting the execution and potential success of the STEP Act.
Moreover, the STEP Act lacks provisions that address what actions should be taken if costs to comply with the new standards and reporting requirements exceed what is currently allocated. This absence of guidance could lead to unmet expectations or inadequate implementation of the Act's intended anti-fraud measures, as agencies may find their resources insufficient to cover these additional demands on top of their existing workloads.
In summary, although the STEP Act aims to enhance the management of improper payments, its effectiveness heavily depends on how well executive agencies can adapt to these stricter regulations without any increase in funding. The bill provides no guidance on how resource shortfalls might be addressed, leaving significant uncertainty over its practical implementation and success in preventing financial mismanagement.
Issues
The language complexity in Section 2 may make the bill difficult for general audiences to understand, leading to potential misinterpretations and reduced accountability among agencies tasked with managing improper payments.
Section 2 reveals ambiguities with terms like 'significant improper payments,' which need clearer definitions to ensure consistent application across executive agencies.
Section 2 increases the responsibilities of Chief Financial Officers without clear indications of additional resources, potentially increasing workloads and straining agency capacities.
Section 2 introduces potential oversight challenges by requiring multiple reports and certifications, which can significantly increase the administrative burden, especially for smaller agencies with limited oversight infrastructure.
The administrative burden in Section 2 is further compounded by the ten-year reporting requirement, which might be excessive if repeated without notable improvements.
Section 3 explicitly states that no additional funds are authorized, leaving it unclear whether existing funds suffice for the Act's implementation, raising concerns about resource limitations.
Section 3 does not specify actions if costs exceed current allocations, creating ambiguity in implementation and potentially jeopardizing the efficacy of anti-fraud measures outlined in the bill.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the STEP Act establishes its short title, officially naming it the “Safeguarding the Transparency and Efficiency of Payments Act” and allows it to be abbreviated as the “STEP Act.”
2. Improper payments Read Opens in new tab
Summary AI
The text outlines changes to the United States Code regarding management of improper payments by federal agencies. It updates definitions, requires agencies to estimate and report improper payments for programs spending over $100 million in their first few years, and mandates annual reports on fraud and payment controls to be included with financial statements, detailing progress and strategies to prevent fraud.
Money References
- (1) IN GENERAL.—Section 3351 of title 31, United States Code, is amended— (A) by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively; (B) by inserting after paragraph (1) the following: “(2) CHIEF FINANCIAL OFFICER.—The term ‘chief financial officer’ means— “(A) with respect to an executive agency described in section 901(b), the Chief Financial Officer of the executive agency appointed under such section; and “(B) with respect to an executive agency that is not described in section 901(b), the official serving as the senior executive responsible for managing the financial activities of the executive agency.”; and (C) in paragraph (3), as so redesignated— (i) in subparagraph (A)— (I) in clause (i)— (aa) by striking “published” and inserting “included”; and (bb) by striking “with” and inserting “in the document containing”; and (II) in clause (ii), by striking “statement” and inserting “document”; (ii) in subparagraph (C), by striking “accompanying materials to” and inserting “document containing;” (iii) in subparagraph (D), by striking “accompanying materials to” and inserting “document containing”; and (iv) in subparagraph (E), by striking “accompanying materials to” and inserting “document containing”. (2) CONFORMING AMENDMENTS.—Section 3353(a)(4)(B) of title 31, United States Code, is amended— (A) in clause (i), by striking “section 3351(2)(B)” and inserting “section 3351(3)(B)”; (B) in clause (ii), by striking “section 3351(2)(C)” and inserting “section 3351(3)(C)”; (C) in clause (iii), by striking “section 3351(2)(D)” and inserting “section 3351(3)(D)”; and (D) in clause (vi), by striking “section 3351(2)(A)” and inserting “section 3351(3)(A)”. (b) Estimates of improper payments and reports on actions To reduce improper payments.—Section 3352 of title 31, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (3)— (i) in subparagraph (B), in the matter preceding clause (i), by striking “paragraph (1)” and inserting “paragraph (1)(B)”; and (ii) in subparagraph (C), by striking “paragraph (1)” and inserting “paragraphs (1) and (4)”; and (B) by adding at the end the following: “(4) NEW PROGRAMS AND ACTIVITIES.—In addition to the programs and activities identified under paragraph (1)(B), the head of an executive agency shall annually identify as susceptible to significant improper payments any program or activity that— “(A) has or is expected to have outlays exceeding $100,000,000 in any one of the first 3 fiscal years of operation; and “(B) is in the first 4 years of operation.”; (2) in subsection (c)(1)— (A) in the matter preceding subparagraph (A), by striking “subsection (a)(1)” and inserting “paragraph (1) or (4) of subsection (a)”; and (B) by striking subparagraphs (A) and (B) and inserting the following: “(A) produce a statistically valid estimate of the improper payments made under the program or activity, or an estimate of such improper payments that is otherwise appropriate using a methodology approved by— “(i) the Director of the Office of Management and Budget; and “(ii) the chief financial officer of the executive agency; and “(B) report the estimates described in subparagraph (A) in accordance with subsection (j).”; and (3) by adding at the end the following: “(j) Annual reports.—Any annual report required to be made by the head of an executive agency under this section shall— “(1) be included in full in the document containing the annual financial statement of the executive agency; and “(2) include a statement by the chief financial officer of the executive agency— “(A) certifying— “(i) the reliability of the executive agency’s identification of programs and activities that may be susceptible to significant improper payments under subsection (a); and “(ii) the validity of each estimate of improper payments under subsection (c); and “(B) describing the actions of the chief financial officer of the executive agency to monitor the development and implementation of any corrective action plans reported under subsection (d).”. (c) Financial and administrative controls relating to fraud and improper payments.—Section 3357 of title 31, United States Code, is amended by striking subsection (d) and inserting the following: “(d) Reports.—For each fiscal year beginning in the first fiscal year after the date of enactment of the Safeguarding the Transparency and Efficiency of Payments Act, and in each of the following 9 fiscal years, the head of each agency shall submit to Congress, in the report containing the annual financial statement of the agency, a report— “(1) on the progress of the agency in— “(A) implementing— “(i) the financial and administrative controls required to be established under subsection (c)(1); “(ii) the fraud risk principles in the Standards for Internal Control in the Federal Government of the Government Accountability Office; and “(iii) Circular A–123 of the Office of Management and Budget with respect to the leading practices for managing fraud risk; “(B) identifying fraud risks and vulnerabilities, including with respect to payroll, beneficiary payments, grants, large contracts, and purchase and travel cards; and “(C) establishing strategies, procedures, and other steps to curb fraud; and “(2) that includes, as defined by the leading practices identified in the report published by the Government Accountability Office on July 28, 2015, entitled ‘Framework for Managing Fraud Risks in Federal Programs’— “(A) an identification of— “(i) each dedicated entity that leads the fraud risk management activities of the agency and the roles of each such entity; “(ii) the responsibilities of each entity described in clause (i); “(iii) each program and operation of the agency for which each entity described in clause (i) is responsible; “(iv) the capacity of the entity described in clause (i), including any limitations, to strategically manage the fraud risks of the agency; “(v) any program or operation of the agency for which there is not a dedicated entity that leads fraud risk management activities; and “(vi) if applicable, a detailed justification for not having a dedicated entity, as described in clause (v); “(B) the status of the fraud risk profiles for each program and operation of the agency, including the date of the last update and date of the next planned update of those fraud risk profiles; “(C) with respect to each program or operation of the agency for which there is not a fraud risk profile, an identification of that program or operation and a detailed justification for not having a fraud risk profile for the program or operation; “(D) the status of the antifraud strategies for each program and operation of the agency, including the date of the last update and the date of the next planned update of those antifraud strategies; and “(E) with respect to each program or operation of the agency for which there is not an antifraud strategy, an identification of that program or operation and a detailed justification for not having an antifraud strategy for the program or operation.”. ---
1. Short title Read Opens in new tab
Summary AI
The first section of this bill states its short title, which is the “Safeguarding the Transparency and Efficiency of Payments Act,” also referred to as the “STEP Act.”
2. Improper payments Read Opens in new tab
Summary AI
The section modifies definitions and procedures for managing improper payments by federal agencies. It clarifies the role of Chief Financial Officers, requires agencies to identify and estimate improper payments, and mandates annual reports to monitor and reduce these payments, including actions against fraud.
Money References
- (a) Definitions.— (1) IN GENERAL.—Section 3351 of title 31, United States Code, is amended— (A) by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively; and (B) by inserting after paragraph (1) the following: “(2) CHIEF FINANCIAL OFFICER.—The term ‘chief financial officer’ means— “(A) with respect to an executive agency described in section 901(b), the Chief Financial Officer of the executive agency appointed under such section; and “(B) with respect to an executive agency that is not described in section 901(b), the official serving as the senior executive responsible for managing the financial activities of the executive agency.”. (2) CONFORMING AMENDMENTS.—Section 3353(a)(4)(B) of title 31, United States Code, is amended— (A) in clause (i), by striking “section 3351(2)(B)” and inserting “section 3351(3)(B)”; (B) in clause (ii), by striking “section 3351(2)(C)” and inserting “section 3351(3)(C)”; (C) in clause (iii), by striking “section 3351(2)(D)” and inserting “section 3351(3)(D)”; and (D) in clause (vi), by striking “section 3351(2)(A)” and inserting “section 3351(3)(A)”. (b) Estimates of improper payments and reports on actions to reduce improper payments.—Section 3352 of title 31, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (3)— (i) in subparagraph (B), in the matter preceding clause (i), by striking “paragraph (1)” and inserting “paragraph (1)(B)”; and (ii) in subparagraph (C), by striking “paragraph (1)” each place it appears and inserting “paragraphs (1) and (4)”; and (B) by adding at the end the following: “(4) NEW PROGRAMS AND ACTIVITIES.—In addition to the programs and activities identified under paragraph (1)(B) and subject to paragraph (5), the head of an executive agency shall annually identify as susceptible to significant improper payments any program or activity that— “(A) has or is expected to have outlays exceeding $100,000,000 in any one of the first 3 fiscal years of operation; and “(B) is in the first 4 years of operation. “(5) EXCEPTION.—Paragraph (4) shall not apply with respect to any program or activity that the head of the relevant executive agency concludes, based on the results of a review conducted under paragraph (1), is not susceptible to significant improper payments.”; (2) in subsection (c)(1)— (A) in the matter preceding subparagraph (A), by striking “subsection (a)(1)” and inserting “paragraph (1) or (4) of subsection (a)”; and (B) by striking subparagraphs (A) and (B) and inserting the following: “(A) produce a statistically valid estimate of the improper payments made under the program or activity, or an estimate of such improper payments that is otherwise appropriate using a methodology approved by— “(i) the Director of the Office of Management and Budget; and “(ii) the chief financial officer of the executive agency; and “(B) report the estimates described in subparagraph (A) in accordance with subsection (j).”; and (3) by adding at the end the following: “(j) Annual reports.—Any annual report required to be made by the head of an executive agency under this section shall— “(1) be included in the materials accompanying the annual financial statement of the executive agency and, as required, in applicable guidance of the Office of Management and Budget; and “(2) include a statement by the chief financial officer of the executive agency— “(A) certifying the reliability of the executive agency’s identification of programs and activities that may be susceptible to significant improper payments under subsection (a); and “(B) describing the actions of the chief financial officer of the executive agency to monitor the development and implementation of any corrective action plans reported under subsection (d).”. (c) Financial and administrative controls relating to fraud and improper payments.—Section 3357 of title 31, United States Code, is amended by striking subsection (d) and inserting the following: “(d) Reports.— “(1) IN GENERAL.—For each fiscal year beginning in the first fiscal year after the date of enactment of the Safeguarding the Transparency and Efficiency of Payments Act, and in each of the following 9 fiscal years, the head of each agency shall submit to Congress, in the report containing the annual financial statement of the agency, a report— “(A) on the progress of the agency in— “(i) implementing— “(I) the financial and administrative controls required to be established under subsection (c)(1); “(II) the fraud risk principles in the Standards for Internal Control in the Federal Government of the Government Accountability Office; and “(III) Circular A–123 of the Office of Management and Budget with respect to the leading practices for managing fraud risk; “(ii) identifying fraud risks and vulnerabilities, including with respect to payroll, beneficiary payments, grants, large contracts, and purchase and travel cards; and “(iii) establishing strategies, procedures, and other steps to curb fraud; and “(B) that includes information on the status of implementing each of the 11 leading practices identified in the report published by the Government Accountability Office on July 28, 2015, entitled ‘Framework for Managing Fraud Risks in Federal Programs’. “(2) INFORMATION IN REPORT.—If
3. No additional funds Read Opens in new tab
Summary AI
In this section, it states that no extra money is allowed to be allocated for implementing the Act or its changes.