By: Jeffrey C. Steinhoff, CGFM, CPA, CFE
Jeff Steinhoff, a Past AGA
National President, is the Executive Director of the KPMG Government Institute
November 23, 2009, will go down as a red letter day in the fight against improper payments with the release of the Presidential Executive Order – Reducing Improper Payments and Eliminating Waste in Federal Programs.
In the words of Office of Management and Budget (OMB) Director, Peter Orszag, in announcing the pending issuance of the Executive Order on November 18:
“Each year, taxpayers lose billions of dollars in
wasteful improper payments by the federal government to individuals,
organizations, and contractors. ….. In 2008, improper payments totaled $72
billion; in 2009, they totaled $98 billion — an increase driven by improved
detection and the significant increase in federal outlays associated with the
economic downturn. These errors and mistakes are unacceptable. Taxpayers
deserve to know that their dollars are being spent wisely and effectively.”
To quote from the November 23rd Executive Order:
“When the Federal Government makes payments …., it must make every effort to confirm that the right recipient is receiving the right payment for the right reason at the right time. The purpose of this order is to reduce improper payments by intensifying efforts to eliminate payment error, waste, fraud, and abuse in the major programs administered by the Federal Government, while continuing to ensure that Federal programs serve and provide access to their intended beneficiaries. No single step will fully achieve these goals. Therefore, this order adopts a comprehensive set of policies, including transparency and public scrutiny of significant payment errors throughout the Federal Government; a focus on identifying and eliminating the highest improper payments; accountability for reducing improper payments among executive branch agencies and officials; and coordinated Federal, State, and local government action in identifying and eliminating improper payments.”
Among the new requirements in
the Executive Order are to:
- Create
an online dashboard of key indicators and statistics on improper payments. This is in line with the
accountability and transparency concepts in the American Recovery and
Reinvestment Act (Recovery Act).
- Create
and publicize a single mechanism for the public to report suspected
incidences of waste, fraud, or abuse. Much like the Recovery Act, increased citizen
involvement in combating fraud, waste, and abuse is being encouraged and
facilitated.
- Require
agencies to establish more frequent error reduction targets, and more
frequent error measurement for certain high-priority programs. This
increases the focus on programs of the highest risk of improper payments.
- Issue
recommendations on new internal techniques agencies can use to better
detect and mitigate improper payments. As discussed in several of my previous AGA essays[i]
and an AGA Journal of Government Financial Management article, entitled Forensic
Auditing – A Window to Identifying and Combating Fraud, Waste and Abuse[ii], the
use of continuous monitoring/continuous auditing techniques and technology
tools are important for this purpose. They can be applied and leveraged by agency management
to help address fraud, waste, and abuse.
- Require
each agency to designate a current, Senate-confirmed appointee to be
accountable to the President for meeting improper payment reduction
targets. This makes a clear
statement about the expectation for results and helps set the proper “tone
at the top” and Presidential commitment.
- For
programs where targets for reducing payment error rates are not met for
two years in a row, require the agency head, Chief Financial Officer, and
the agency Inspector General to provide the OMB Director a report
describing the likely causes of the agency’s failure and actions it will
take to meet reduction targets.
This would raise the stakes appreciably and foster greater accountability
for results.
- Increase
data-sharing among federal agencies and programs and, where applicable,
state and local governments and other stakeholders to improve eligibility
verification and pre-payment scrutiny. Data-sharing has been a long-standing problem for some
programs and is in need of a solution.
- Require
quarterly agency reports [correct??] on any high-dollar errors identified
by the agency and actions the agency will take to recover the improper
payment and to prevent future improper payments. Again, this
provides added accountability and focus on those areas of greatest risk.
- Pursue
administrative actions to provide state, local, and other organizations
with incentives for reducing improper payments. A greater partnership with state and local governments
and non-profit organizations should help given their role in disbursing hundreds
of billions of dollars of federal funds annually, including programs at
high risk for improper payments, such as Medicaid which is state
administered.
- Seek
to enhance contractor accountability by pursuing methods such as
subjecting contractors to debarment, suspension, and financial penalties
for failing to timely disclose credible evidence of significant
overpayments received on government contracts. It is being made clear to contractors their responsibility
to be stewards of public funds where there are improper payments. In the
past, some contractors may have simply kept any federal overpayments unless
the government identified the problem and sought the return of its money. This now places some of the onus on
the contractor.
The Executive Order provides a
framework to build on efforts that have taken place since enactment of the
Improper Payments Information Act (IPIA) of 2002. By focusing attention on requiring estimates of improper
payments, IPIA helped frame the issue, the magnitude of the problem, and the
need for broader action, which led to the Executive Order. This is an example where requiring
agencies to estimate and report annually can drive broader management reform.
Now is the time to develop solutions to
previously thorny payment problems by changing business processes and
leveraging technology. It is time
to look outside of the box, or in some cases just better leverage what is
already available, by implementing new techniques and using technology to first
and foremost help prevent improper payments and then to enhance the ability to
detect and recover any such payments.
My questions to you:
- What
are your views on the Executive Order?
- What
actions do you believe would best help achieve the President’s goals in
the Executive Order to reduce improper payments?
- What
about the use of technology, such as forensic tools to help analyze and correlate
information in order to prevent and detect improper payments?
- Do
you have any leading practices you would like to share?
- What
do you view as the impediments or challenges to meeting the goals and
requirements of the Executive Order in your agency?
As this is the last essay to be posted on AGA blog, my
thanks go to AGA for giving me the honor of being the first and last
essayist. Thanks go to each of you
who have read the essays and those who have shared their views and comments.
Special thanks go to Marie Force and Chris Camara for their initiative and
sterling leadership of this program.
The views in this essay are those of the author only,
and do not necessarily represent the views or professional advice of KPMG LLP.
[i] Forensic Auditing—A Window to Identifying and Combating Fraud, Waste and Abuse, June 3, 2008; Are You Prepared to Protect the Integrity of Recovery Act Spending, May 27, 2009; Is Your Finance Organization A Leader in Supporting Acquisition and Contract Management, August 31, 2009; Check It—What Gets Checked Gets Done, September 25, 2009; and Odds Are Fraud Is an Issue in Your Organization, November 23, 2009
[ii] Forensic Auditing—A Window to Identifying and Combating Fraud, Waste and Abuse, Journal of Government Financial Management, Summer 2008, Vol. 57, No. 2