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Emergency Relief Funds: Significant Improvements Are Needed (GAO-22-105715)

Summary

GAO-22-105715, a testimony dated March 17, 2022 before the Committee on Homeland Security and Governmental Affairs, United States Senate, given as the statement of Gene L. Dodaro, Comptroller General of the United States. It states that, as of January 31, 2022, the federal government had obligated $4.2 trillion and expended $3.6 trillion of its COVID-19 relief funds. The testimony reports that when GAO reviewed the federal response to the pandemic, it found agencies had significant shortcomings in their application of fundamental internal controls and financial and fraud risk management practices. GAO is making 10 matters for congressional consideration intended to enhance the transparency and accountability of federal spending.

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“Emergency Relief Funds: Significant Improvements Are Needed (GAO-22-105715).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/22-105715-emergency-relief-funds-significant-improvements-are-needed-2bd79665a7/, SHA-256 ba30fd9b703ff6ef5b4b6e0fb2657a47c55e6ee51f631f234da85dd2c2b27383.

Full text

                             United States Government Accountability Office
                             Testimony
                             Before the Committee on Homeland
                             Security and Governmental Affairs,
                             United States Senate

                             EMERGENCY RELIEF
For Release on Delivery
Expected at 10:15 a.m. EDT
Thursday, March 17, 2022

                             FUNDS
                             Significant Improvements
                             Are Needed to Ensure
                             Transparency and
                             Accountability for
                             COVID-19 and Beyond
                             Statement of Gene L. Dodaro,
                             Comptroller General of the United States




GAO-22-105715
                                            March 17, 2022

                                            EMERGENCY RELIEF FUNDS
                                            Significant Improvements Are Needed to Ensure
                                            Transparency and Accountability for COVID-19 and
Highlights of GAO-22-105715, a testimony
                                            Beyond
before the Committee on Homeland Security
and Governmental Affairs, United States
Senate




Why GAO Did This Study                      What GAO Found
During emergencies, federal agencies        When reviewing the federal government’s response to the COVID-19 pandemic,
must get relief funds out quickly while     GAO found that agencies had significant shortcomings in their application of
ensuring appropriate financial              fundamental internal controls and financial and fraud risk management practices.
safeguards are in place. GAO noted          Such shortcomings—stemming in part from the need to distribute funds quickly—
early in the COVID-19 pandemic that         were exacerbated by existing financial management weaknesses. As a result,
agencies gave priority to swiftly           billions of dollars were at risk for improper payments, including those from fraud,
distributing funds and implementing         providing limited assurance that programs effectively met their objectives.
new programs; however, tradeoffs
were made that limited progress in          To help address these shortcomings, GAO suggests Congress take legislative
achieving transparency and                  action to address the following:
accountability goals.
                                            •   New program improper payment reporting. (1) Designate all new federal
As of January 31, 2022 (the most                programs distributing more than $100 million in any one fiscal year as
recent data available), the federal             “susceptible to improper payments,” and, thus, subject to more timely
government had obligated $4.2 trillion          improper payment reporting requirements; and (2) require agencies to report
and expended $3.6 trillion, 90 percent          improper payment information in their annual financial reports.
and 79 percent, respectively, of the
$4.6 trillion in funds from six COVID-19    •   Fraud risk management reporting. Reinstate the requirement that
relief laws.                                    agencies report on their antifraud controls and fraud risk management efforts
This testimony focuses on GAO’s                 in their annual financial reports. Such reporting will increase congressional
assessment of (1) federal agencies’             oversight to better ensure fraud prevention during normal operations and
application of fundamental internal             emergencies.
controls and financial and fraud risk
management practices for COVID-19           •   Fraud analytics. Establish a permanent analytics center of excellence to aid
spending, and (2) opportunities for             the oversight community in identifying improper payments and fraud.
Congress to improve these practices         •   Chief Financial Officer (CFO) authorities. Clarify that agency CFOs have
during emergencies and national                 oversight responsibility for internal controls over financial reporting and key
crises.                                         financial information; and require agency CFOs to (1) certify the reliability
GAO reviewed its COVID-19 findings              and validity of improper payment risk assessments and estimates and
on internal controls and financial and          monitor associated corrective action plans, and (2) approve improper
fraud risk management practices. GAO            payment estimate methodology in certain circumstances.
compared those findings to
fundamental practices for internal          •   Internal control plans. Require the Office of Management and Budget
control, financial management, and              (OMB) to provide guidance for agencies to develop internal control plans that
fraud risk management.                          can then be put to immediate use for future emergency funding and require
                                                agencies to report such plans to OMB and Congress.
What GAO Recommends
                                            •   USAspending.gov. (1) Clarify the responsibilities and authorities of OMB
GAO has made 271 recommendations                and Treasury for ensuring the quality of federal spending data available on
and five matters for congressional              USAspending.gov, and (2) extend the previous requirement for agency
consideration across its COVID-19               inspectors general to review agency data submissions on a periodic basis.
work. In today’s testimony, GAO is
making 10 matters for congressional         •   Data sharing. Amend the Social Security Act to accelerate and make
consideration intended to enhance the           permanent the requirement for the Social Security Administration to share its
transparency and accountability of              full death data with Treasury’s Do Not Pay working system.
federal spending.
                                            Collectively, these actions can help agencies ensure that they can distribute
View GAO-22-105715. For more information,
contact Jessica Farb at (202) 512-7114 or   funds rapidly while having appropriate financial safeguards in place. In addition,
farbj@gao.gov.                              these actions will help increase transparency and accountability and strengthen
                                            agency efforts to provide proper stewardship of federal funds.
                                                                                     United States Government Accountability Office
Letter   Letter




         Chairman Peters, Ranking Member Portman, and Members of the
         Committee:

         I appreciate the opportunity to discuss the federal government’s response
         to the COVID-19 pandemic. To address this crisis, Congress and the
         administration have provided about $4.6 trillion in relief funding, as of
         January 31, 2022. 1 Agencies across the federal government acted quickly
         to stand up new programs and greatly scale up existing programs.
         Federal COVID-19 relief funds were distributed broadly to state, local,
         tribal, and territorial governments, businesses, and individuals to combat
         the effects of the pandemic on the public health system as well as the
         economy.

         During public health and other emergencies or economic crises, federal
         agencies must get relief funds out quickly while ensuring appropriate
         financial and other safeguards are in place. Agencies can do so by
         applying effective internal controls, consistent with those used for
         nonemergency federal spending. Internal controls comprise the plans,
         methods, policies, and procedures used to fulfill the mission, strategic
         plan, goals, and objectives of the entity, and go hand-in-hand with
         effective financial and fraud risk management practices. 2 Federal internal
         control standards provide the overall framework for establishing and
         maintaining such a system. Collectively, these practices provide
         transparency and accountability to Congress and the public for federal
         spending.

         The CARES Act includes a provision for us to report regularly on the
         public health and economic impacts of the pandemic and the federal
         response. GAO is to report on, among other things, the pandemic’s
         effects on public health, the economy, and public and private institutions
         of the United States, including the federal government’s public health and


         1Total budgetary resources, reported to Treasury’s Governmentwide Treasury Account
         Symbol Adjusted Trial Balance System, reflect appropriations, as well as transfers,
         adjustments, recoveries, rescissions, and returns of unused indefinite appropriations.
         Therefore, amounts can fluctuate month to month.
         2The Federal Managers’ Financial Integrity Act of 1982 requires the Comptroller General
         to issue standards for internal control in the federal government. 31 U.S.C. § 3512(c). The
         Office of Management and Budget (OMB) Circular No. A-123 provides specific
         requirements for assessing and reporting on controls in the federal government. See,
         GAO, Standards for Internal Control in the Federal Government, GAO-14-704G
         (Washington, D.C.: Sept. 10, 2014).




         Page 1                                                                      GAO-22-105715
homeland security efforts. 3 Next month, we will issue our tenth recurring
government-wide report since the pandemic began. 4 In addition, we have
issued 132 standalone reports, testimonies, and science and technology
spotlights focused on different aspects of the pandemic.

Across this body of work, we have made 271 recommendations to federal
agencies and raised five matters for congressional consideration. 5 As of
February 2022, agencies had fully or partially addressed 106 of these 271
recommendations, and Congress had fully addressed one matter. The
intent of these recommendations were for agencies to implement mid-
course corrections where appropriate and to increase transparency and
accountability of the federal COVID-19 response and for future
emergencies.

My comments today will summarize key findings from this body of work
related to federal financial and fraud risk management during the COVID-
19 pandemic. Specifically, I will discuss

1. our assessment of the federal government’s application of
   fundamental internal controls and proper stewardship of federal funds
   and risk management practices for COVID-19 spending, and
2. opportunities for Congress to increase transparency and
   accountability of federal spending during emergency and
   nonemergency periods by strengthening federal financial and fraud
   risk management practices.

Given the government-wide scope of this work, we undertook a variety of
methodologies. These methodologies included examining federal laws
and agency documents, guidance, processes, and procedures, and
available agency budgetary data and other financial and management
information. In addition, we interviewed federal, state, and tribal officials,
and industry representatives. We also reviewed prior GAO work. More
detailed information on the objectives, scope, and methodology that this
statement is based on can be found in the individual reports from which

3Pub. L. No. 116-136, § 19010, 134 Stat. at 579–81.

4For a complete list of our recurring CARES Act reports, see
https://www.gao.gov/coronavirus and the Related GAO Products page at the end of this
report.
5Of the 271 recommendations and five matters, 37 recommendations and two matters
were aimed at improving agencies’ internal controls and financial and fraud risk
management practices.




Page 2                                                                      GAO-22-105715
                       we obtained this information. For this statement, we reviewed our COVID-
                       19 findings on internal controls and financial and fraud risk management
                       practices. GAO compared those findings to fundamental practices for
                       internal control, financial management, and fraud risk management.

                       We conducted the work on which this statement is based in accordance
                       with generally accepted government auditing standards. Those standards
                       require that we plan and perform the audit to obtain sufficient, appropriate
                       evidence to provide a reasonable basis for our findings and conclusions
                       based on our audit objectives. We believe that the evidence obtained
                       provides a reasonable basis for our findings and conclusions based on
                       our audit objectives.


Background
Federal COVID-19       In addition to the devastating effects on public health, the pandemic
Funding and Spending   continues to have lingering effects on the economy. While the national
                       economy continues to recover from the COVID-19 pandemic, indicators
                       of inflation have generally increased in recent months, suggesting that
                       inflation could be somewhat higher, and persist for somewhat longer than
                       previously expected.

                       The six COVID-19 relief laws have provided about $4.6 trillion for the
                       response and recovery from the pandemic. 6 As of January 31, 2022, the
                       most recent date for which government-wide information was available at
                       the time of our analysis, the federal government had obligated a total of
                       $4.2 trillion and expended $3.6 trillion, 90 and 79 percent, respectively, of
                       these relief funds, as reported by federal agencies to the Department of




                       6For the purposes of this testimony, the COVID-19 relief laws consist of the six laws
                       providing comprehensive relief across federal agencies and programs that Treasury uses
                       to report COVID-19 spending. These six laws are the American Rescue Plan Act of 2021
                       (ARPA), Pub. L. No. 117-2, 135 Stat. 4; Consolidated Appropriations Act, 2021, Pub. L.
                       No. 116-260, div. M and N, 134 Stat. 1182 (2020); Paycheck Protection Program and
                       Health Care Enhancement Act, Pub. L. No. 116-139, 134 Stat. 620 (2020); CARES Act,
                       Pub. L. No. 116-136, 134 Stat. 281 (2020); Families First Coronavirus Response Act, Pub.
                       L. No. 116-127, 134 Stat. 178 (2020); and the Coronavirus Preparedness and Response
                       Supplemental Appropriations Act, 2020, Pub. L. No. 116-123, 134 Stat. 146. On March 9,
                       2022, Congress introduced an emergency supplemental bill to provide an additional $15.6
                       billion in relief funds to continue the U.S. government’s efforts to combat COVID-19 in the
                       United States and abroad.




                       Page 3                                                                      GAO-22-105715
                                         the Treasury’s Governmentwide Treasury Account Symbol Adjusted Trial
                                         Balance System. 7

                                         The major spending areas shown in table 1 represent $3.8 trillion, or 82
                                         percent, of the total amounts provided. For these nine spending areas,
                                         agencies reported obligations totaling $3.5 trillion and expenditures of
                                         government-wide COVID-19 relief funds totaling $3.2 trillion as of January
                                         31, 2022.

Table 1: COVID-19 Relief Funding and Spending, as of January 31, 2021
Dollars in billions
                                                                            Total                     Total                   Total
Major spending area                                           budgetary resources               obligations            expenditures
Economic Impact Payments                                                        871.5                 847.7                    847.7
(Department of the Treasury)
Business Loan Programs                                                          838.0                 827.7                   827.8a
(Small Business Administration)
Unemployment Insurance                                                          724.1                 723.3                    672.6
(Department of Labor)
Coronavirus State and Local Fiscal Recovery Funds                               350.0                 245.3                    245.3
(Department of the Treasury)
Public Health and Social Services Emergency Fund                                345.7                 296.6                    218.6
(Department of Health and Human Services)
Education Stabilization Fund                                                    277.8                 276.7                      87.1
(Department of Education)
Coronavirus Relief Fund                                                         150.0                 150.0                    149.9
(Department of the Treasury)
Supplemental Nutrition Assistance Programs                                      117.1                  80.8                      79.4
(Department of Agriculture)
Disaster Relief Fund                                                             97.0                  78.8                      25.2
(Department of Homeland Security)b



                                         7An obligation is a definite commitment that creates a legal liability of the U.S. government
                                         for the payment of goods and services ordered or received, or a legal duty on the part of
                                         the U.S. government that could mature into a legal liability by virtue of actions on the part
                                         of another party that are beyond the control of the U.S. government. An expenditure is the
                                         actual spending of money, or an outlay. Expenditures include some estimates, such as
                                         estimated subsidy costs for direct loans and loan guarantees. Increased spending in
                                         Medicaid and Medicare is not accounted for in the funding provided by the COVID-19
                                         relief laws. Federal agencies use the Governmentwide Treasury Account Symbol Adjusted
                                         Trial Balance System to report proprietary financial reporting and budgetary execution
                                         information to Treasury.




                                         Page 4                                                                        GAO-22-105715
                                                                                                            Total                   Total                      Total
 Major spending area                                                                          budgetary resources             obligations               expenditures
 Other areasc                                                                                                836.7                    624.9                       469.6
 Totald                                                                                                     4,607.8                4,151.8                      3,623.3
Source: GAO analysis of data from the Department of the Treasury and applicable agencies. | GAO-22-105715

                                                                Note: Total budgetary resources, obligations, and expenditure data shown for the major spending
                                                                areas are based on data reported by applicable agencies to Treasury’s Governmentwide Treasury
                                                                Account Symbol Adjusted Trial Balance System. Each spending area may include multiple programs.
                                                                Total budgetary resources reflect the amount of funding made available for the COVID-19 response
                                                                under the American Rescue Plan Act of 2021 (ARPA), Pub. L. No. 117-2, 135 Stat. 4; Consolidated
                                                                Appropriations Act, 2021, Pub. L. No. 116-260, div. M and N, 134 Stat. 1182 (2020); Paycheck
                                                                Protection Program and Health Care Enhancement Act, Pub. L. No. 116-139, 134 Stat. 620 (2020);
                                                                CARES Act, Pub. L. No. 116-136, 134 Stat. 281 (2020); Families First Coronavirus Response Act,
                                                                Pub. L. No. 116-127, 134 Stat. 178 (2020); and Coronavirus Preparedness and Response
                                                                Supplemental Appropriations Act, 2020, Pub. L. No. 116-123, 134 Stat. 146. Total budgetary
                                                                resources reflect appropriations, as well as transfers, adjustments, recoveries, rescissions, and
                                                                returns of unused indefinite appropriations. Therefore, amounts can fluctuate month to month.
                                                                An obligation is a definite commitment that creates a legal liability of the U.S. government for the
                                                                payment of goods and services ordered or received, or a legal duty on the part of the U.S.
                                                                government that could mature into a legal liability by virtue of actions on the part of another party that
                                                                are beyond the control of the U.S. government. An expenditure is the actual spending of money, or an
                                                                outlay. Expenditures shown include some estimates, such as estimated subsidy costs for direct loans
                                                                and loan guarantees.
                                                                a
                                                                 The Small Business Administration’s Business Loan Program account includes activity for the
                                                                Paycheck Protection Program loan guarantees and certain other loan subsidies. These expenditures
                                                                relate mostly to the loan subsidy costs (i.e., the loan’s estimated long-term costs to the U.S.
                                                                government). Reported expenditures were $60 million greater than outlays for January 2022. SBA
                                                                officials were unable to provide an explanation in time for this testimony.
                                                                b
                                                                 Funding provided to the Disaster Relief Fund is generally not specific to individual disasters.
                                                                Therefore, Treasury’s methodology for determining COVID-19-related obligations and expenditures
                                                                does not capture obligations and expenditures for the COVID-19 response based on funding other
                                                                than what was provided in the COVID-19 relief laws. Further, Treasury’s methodology includes all
                                                                obligations and expenditures based on funding in the COVID-19 relief laws, including those for other
                                                                disasters. In its Disaster Relief Fund Monthly Report dated February 7, 2022, the Department of
                                                                Homeland Security reported COVID-19-related obligations totaling $95.1 billion and expenditures
                                                                totaling $69.8 billion as of January 31, 2022.
                                                                c
                                                                  Several provisions in the Families First Coronavirus Response Act and ARPA authorized increases
                                                                in Medicaid payments to states and U.S. territories. The Congressional Budget Office estimated that
                                                                federal expenditures from these provisions would be approximately $76.9 billion through fiscal year
                                                                2030. The largest increase to federal Medicaid spending is based on a temporary formula change
                                                                rather than a specific appropriated amount. Some of the estimated costs in this total are for the
                                                                Children’s Health Insurance Program, permanent changes to Medicaid, and changes not specifically
                                                                related to COVID-19. This increased spending is not accounted for in the funding provided by the
                                                                COVID-19 relief laws and therefore not included in this table.
                                                                d
                                                                 Because of rounding, amounts shown in columns may not sum to the totals.



Internal Controls                                               An effective internal control system helps agencies adapt to shifting
                                                                environments, evolving demands, changing risks, and new priorities.
                                                                Applicable standards for internal control call for agencies to, among other
                                                                actions, design and document management roles and responsibilities,
                                                                assess risk, communicate internally and externally, and monitor the
                                                                effectiveness of the agency’s controls.



                                                                Page 5                                                                                  GAO-22-105715
Internal controls for managing and overseeing federal funding, including
emergency relief spending, include the following key aspects:

•   Culture and structure. Establishment of an organizational culture
    and structure conducive to managing risks related to fraud and
    improper payments (payments that should not have been made or
    that were made in an incorrect amount), including sufficient,
    appropriate resources to oversee risk management activities.
•   Quality data. Maintenance of timely, reliable spending and other data
    to support the internal control system.
•   Risk assessment. Assessments of the risk that fraud and other
    improper payments could occur, focus on changes in risk related to
    federal spending, and development and documentation of appropriate
    responses to identified risks, such as through a control plan.
•   Risk control. Development and implementation of appropriate control
    activities to respond to identified fraud and improper payment risks,
    based on the control plan, including (1) an appropriate balance, based
    on risk and program needs, of pre- and post-payment controls to
    provide reasonable assurance that payments were made or used
    appropriately; and (2) appropriate analytical capacity.
•   Effectiveness assessments. Regular assessment of the
    effectiveness of internal controls over fraud and other improper
    payments, including (1) estimates of improper payment amounts, (2)
    evaluation and documentation of deficiencies and their root causes,
    (3) determination of appropriate corrective actions, and (4) reports on
    the results of assessments and related actions taken to reduce fraud
    and improper payments.




Page 6                                                         GAO-22-105715
Improper Payments   Reducing improper payments is critical to safeguarding federal funds.
                    Improper payments have consistently been a government-wide issue. 8
                    We have reported on improper payments as a material deficiency or
                    material weakness in internal control in our audit reports on the U.S.
                    government’s consolidated financial statements since fiscal year 1997.

                    Since fiscal year 2003, cumulative improper payment estimates have
                    totaled about $2.2 trillion (see fig. 1). 9 For fiscal year 2021, the Office of
                    Management and Budget (OMB) reported that federal agencies had
                    estimated about $281 billion in improper payments, which was an
                    increase of about $75 billion from the prior fiscal year and approximately
                    double the amount reported in fiscal year 2017. 10 However, this estimate
                    does not reflect all government-wide improper payments. Notably, several
                    agencies with large programs that have been identified as susceptible to
                    significant improper payments are not reporting estimates, and some
                    reported estimates are not comprehensive.




                    8Improper payments include both overpayments and underpayments, any payments to an
                    ineligible recipient, any payment for an ineligible good or service, any duplicate payment,
                    any payment for a good or service not received (except for such payments where
                    authorized by law), and any payment that does not account for credit for applicable
                    discounts under statutory, contractual, administrative, or any other legally applicable
                    requirements. See 31 U.S.C. § 3351(4). When an executive agency’s review is unable to
                    discern whether a payment was proper as a result of insufficient or lack of documentation,
                    this payment must also be included in the improper payment estimate. 31 U.S.C. §
                    3352(c)(2). While not all improper payments are the result of fraud, all payments made as
                    a result of fraudulent activities are considered to be improper payments. In addition,
                    improper payment estimates are not intended to measure fraud in a particular program.
                    9In 2003, federal executive agencies were required by statute to begin reporting estimated
                    improper payments for certain programs and activities. Statutes that govern improper
                    payment reporting define executive agency to mean a department, an agency, or an
                    instrumentality in the executive branch of the U.S. government. 31 U.S.C. § 102. Prior-
                    year improper payment estimates have not been adjusted for inflation.
                    10Agencies report improper payment information at www.paymentaccuracy.gov—a U.S.
                    government website managed by the Office of Management and Budget (OMB)—which
                    contains, among other things, information about current and historical rates and amounts
                    of estimated improper payments




                    Page 7                                                                      GAO-22-105715
Figure 1: Cumulative Government-wide Improper Payment Estimates for Fiscal
Years 2003 through 2021 Totaled $2.2 Trillion




Note: The specific programs and total number of programs that constitute the government-wide sum
of improper payment estimates vary from year to year. The number of programs included in the
government-wide total generally increased over time as programs reported improper payment
estimates for the first time. Generally, while decreases in estimated improper payments were reported
for some programs in a specific fiscal year, these were more than offset by increases for certain other
programs. For example, increases in improper payment rates and outlays in the Department of Health
and Human Services’ Medicaid and Department of Labor’s unemployment insurance programs
contributed to the large increases in estimated improper payments in fiscal year 2021.
Prior-year improper payment estimates have not been adjusted for inflation.


Improper payments are a pervasive problem across the federal
government. For fiscal year 2021, 16 agencies reported improper
payment estimates for 86 federal programs or activities. In addition, 26 of
these 86 programs and activities reported estimated improper payment
rates of 10 percent or greater. 11



11Agencies are required to develop improper payment estimates and corrective action
plans for any programs or activities identified as susceptible to significant improper
payments by the agency administering the program or activity, OMB, or statute.




Page 8                                                                                GAO-22-105715
                         Our work on improper payments has provided suggested actions for
                         Congress and federal agencies to enhance federal financial management
                         and reasonably assure that appropriate actions are taken to reduce them.
                         We also have ongoing work developing a framework for managing
                         improper payments for emergency assistance programs. Specifically, the
                         framework will incorporate standards for internal controls and financial
                         and fraud risk management practices, as well as requirements and
                         guidance from relevant laws and guidance on improper payments. This
                         work will highlight aspects of managing improper payments that arise in
                         the context of emergency assistance, which may necessitate special
                         considerations. For more information on improper payment estimates
                         across the federal government, see appendix I.

Fraud Risks in Federal   The public health crisis, economic instability, and increased flow of
Spending                 federal funds associated with the COVID-19 pandemic have increased
                         pressures and opportunities for fraud—the act of obtaining something of
                         value through willful misrepresentation. Recognizing fraud risks and
                         deliberately managing them in an emergency environment can help
                         federal managers safeguard public resources while providing needed
                         relief. 12

                         To help combat fraud in government agencies and programs—both
                         during normal operations and emergencies—GAO published A
                         Framework for Managing Fraud Risks in Federal Programs (Fraud Risk
                         Framework). 13 Issued in 2015, the Fraud Risk Framework identifies
                         leading practices for managing fraud risk and encompasses control
                         activities to prevent, detect, and respond to fraud, with an emphasis on
                         prevention (see fig. 2).




                         12Fraud risks exist when individuals have an opportunity to engage in fraudulent activity,
                         have an incentive or are under pressure to commit fraud, or are able to rationalize
                         committing fraud. When fraud risks can be identified and mitigated, fraud may be less
                         likely to occur. Whether an act is fraudulent is determined through the judicial or other
                         adjudicative system.
                         13GAO, A Framework for Managing Fraud Risks in Federal Programs, GAO-15-593SP
                         (Washington, D.C.: July 28, 2015).




                         Page 9                                                                        GAO-22-105715
Figure 2: Components of the Fraud Risk Framework




                                      In June 2016, the Fraud Reduction and Data Analytics Act of 2015
                                      (FRDAA) was enacted. This act required OMB to establish guidelines for
                                      federal agencies to create controls to identify and assess fraud risks and
                                      to design and implement antifraud control activities. 14 FRDAA further
                                      required OMB to incorporate the leading practices from GAO’s framework
                                      in these guidelines. Although FRDAA was repealed in March 2020, the
                                      Payment Integrity Information Act of 2019 requires these guidelines to
                                      remain in effect. 15



                                      14Pub. L. No. 114-186, 130 Stat. 546 (2016).

                                      15Pub. L. No. 116-117, § 2(a), 134 Stat. 113, 131-32 (2020) (codified at 31 U.S.C. §
                                      3357). These guidelines may be periodically modified by OMB in consultation with GAO,
                                      as OMB and GAO may determine necessary.




                                      Page 10                                                                 GAO-22-105715
                          In June 2020, we reported that because the government needed to
                          provide funds and other assistance quickly to those affected by COVID-
                          19 and its economic effects, federal relief programs are vulnerable to
                          significant risk of fraudulent activities. 16 Managers may perceive a conflict
                          between their priorities to fulfill the program’s mission—such as efficiently
                          disbursing funds or providing services to beneficiaries, particularly during
                          emergencies—and taking actions to safeguard taxpayer dollars from
                          improper use. However, the purpose of proactively managing fraud risks,
                          even during emergencies, is to facilitate, not hinder, the program’s
                          mission and strategic goals by ensuring that taxpayer dollars and
                          government services serve their intended purposes.

                          Focusing on fraud prevention can help most effectively manage risks.
                          However, when emergency response situations limit the use of preventive
                          controls, agencies can leverage detective controls, such as through data
                          collection and analysis, to help identify potential fraud more readily and to
                          assist in response and recovery.

                          During the COVID-19 pandemic, there have been immediate needs for
Agency Shortcomings       emergency relief funding. However, we found significant shortcomings in
in Internal Controls      agencies’ application of fundamental internal controls and financial and
                          fraud risk management practices to reasonably assure that COVID-19
and Financial and         emergency relief payments were made properly, to eligible recipients, and
Risk Management           that funds were used for their intended purposes. These shortcomings left
                          agencies vulnerable to significant improper payments and fraud.
Practices Led to
Significant Improper
Payments and Fraud
in COVID-19 Relief
Programs
Agencies Lacked           Although federal laws have required agencies to submit specific internal
Appropriate Internal      control plans for relief funds in previous emergencies, there was no such
Controls to Monitor the
Distribution and Use of
COVID-19 Relief Funds

                          16GAO, COVID-19: Opportunities to Improve Federal Response and Recovery Efforts,
                          GAO-20-625 (Washington, D.C.: June 25, 2020).




                          Page 11                                                               GAO-22-105715
requirement for the COVID-19 pandemic. 17 We found that many
agencies—including those that administer some of the largest COVID-19
relief programs—did not develop effective internal controls or apply
financial management practices to manage and oversee the distribution
and use of COVID-19 relief funds. These internal controls and financial
practices included designing, documenting, and finalizing policies and
procedures for overseeing the distribution of relief funding; monitoring the
receipt and use of funds, such as through post-payment reviews and
recovery audits; and implementing mechanisms to verify recipients’
eligibility and identity. 18

An effective, robust internal control system helps agencies adapt to
shifting environments, evolving demands, changing risks, and new
priorities throughout the lifecycle of federal programs. We also found that,
when new programs began or existing ones were greatly expanded,
agencies frequently did not develop or implement preventive internal
controls to help them oversee and assess relief programs prior to making
any payments. In addition, agencies also delayed applying certain
financial management practices, such as reviewing payments after they
have been made, and did not have mechanisms in place to verify
recipients’ eligibility and identity.




17For example, in 2017 and 2018, three supplemental appropriations acts were enacted to
provide disaster relief funding to help mitigate the effects of Hurricanes Harvey, Irma, and
Maria and the California wildfires. See Pub. L. No. 115-56, div. B, 131 Stat. 1129, 1136
(2017); Pub. L. No. 115-72, div. A, 131 Stat. 1224 (2017); and Pub. L. No. 115-123, div. B,
subdiv. 1, 132 Stat. 64, 65 (2018). These supplemental appropriations acts provided an
internal control oversight framework to limit improper payments of these funds; requiring
the Office of Management and Budget (OMB) to issue criteria for federal agencies to use
in designing internal controls for spending disaster relief funding; and requiring federal
agencies to submit their internal control plans for relief fund spending to GAO, their
respective inspectors general, OMB, and Congress. In 2013, a supplemental
appropriations act with similar internal control requirements was enacted to provide
disaster relief funding following Hurricane Sandy. See Pub. L. No. 113-2, div. A, 127 Stat.
4 (2013).
18Post-payment reviews and recovery audits are additional financial management
practices that agencies can use to determine whether payments were made appropriately
to eligible recipients in correct amounts and used by recipients in accordance with law and
applicable agreements. Agencies then use the results of such reviews and audits to
recover, or collect, overpayments, unused payments, and payments not made or used
properly from recipients. Recovery audits are not audits in the traditional sense, but rather
control processes specifically designed to identify and recapture overpayments after they
have been made.




Page 12                                                                       GAO-22-105715
Internal Controls   Paycheck Protection Program and Economic Injury Disaster Loans.
                    Beginning in June 2020, in our first government-wide report on the federal
                    response to the COVID-19 pandemic, we noted the need for the Small
                    Business Administration (SBA) to develop and implement plans to
                    respond to program integrity risks in its small business loan programs. 19
                    Specifically, we recommended that SBA develop and implement plans to
                    identify and respond to risks in the Paycheck Protection Program (PPP)
                    to, among other things, ensure program integrity, achieve program
                    effectiveness, and address potential fraud. 20 Similarly, in March 2021, we
                    recommended that SBA implement a comprehensive oversight plan to
                    identify and respond to risks in the Economic Injury Disaster Loan (EIDL)
                    program to help ensure program integrity, achieve program effectiveness,
                    and address potential fraud. 21

                    In March 2021, based on our findings on these programs and the audit of
                    SBA’s fiscal year 2020 financial statements, we added SBA’s emergency
                    loans for small businesses issued under PPP and the EIDL program to
                    our High Risk List. 22 These two programs together comprise the largest
                    amount of COVID-19 relief funding, estimated at over $900 billion. While
                    these loans and advances helped many small businesses, SBA’s limited
                    internal controls and lack of finalized oversight plans for these programs
                    created significant risk of hundreds of millions of dollars in improper
                    payments. Furthermore, SBA initially failed to provide us with key PPP
                    and EIDL data and information on a timely basis, which impeded efforts to
                    ensure transparency and accountability for the programs.

                    In addition to our findings about SBA’s limited internal controls, the
                    auditors of SBA’s financial statements found issues with the agency’s
                    consolidated financial statements 2 years in a row. For fiscal year 2020,
                    the SBA’s consolidated financial statements received a disclaimer of
                    opinion, meaning external auditors were unable to express an opinion



                    19GAO-20-625.

                    20As of February 2022, SBA had partially addressed this recommendation.

                    21As of February 2022, SBA had partially addressed this recommendation.

                    22We designate federal programs and operations as “high risk” due to their vulnerabilities
                    to fraud, waste, abuse, and mismanagement, or because they need transformation. GAO,
                    High-Risk Series: Dedicated Leadership Needed to Address Limited Progress in Most
                    High Risk Areas, GAO-21-119SP (Washington, D.C.: Mar. 2, 2021).




                    Page 13                                                                    GAO-22-105715
due to insufficient evidence. 23 Additionally, for fiscal year 2021, SBA
received a disclaimer of opinion on one of its financial statements and the
remainder were unaudited. 24 As the basis for both years’ disclaimers, the
auditors reported that SBA was unable to provide adequate evidence to
support a significant number of transactions and account balances due to
inadequate processes and controls related to its implementation of its
programs authorized under the CARES Act and related legislation,
including PPP. SBA’s auditor made 30 recommendations in its fiscal year
2021 auditor’s report to address control deficiencies related to these
programs.

Payroll Support Program. In November 2020, we found that Treasury
had not completed developing and implementing a plan to monitor
recipients’ compliance with the Payroll Support Program—which provided
$32 billion in assistance to aviation businesses—3 months after the first
quarterly compliance reports were due. 25

Coronavirus State and Local Fiscal Recovery Funds. In October
2021, we reported that Treasury officials told us they were developing
plans for overseeing the Coronavirus State and Local Fiscal Recovery
Funds (CSLFRF), including developing the department’s approach for
monitoring recipients’ use of program funds. However, Treasury had not
finalized or documented such plans for CSLFRF, which provides funds to
states, local, and tribal governments, the District of Columbia, and U.S.
territories for a broad range of costs stemming from the fiscal effects of
the COVID-19 pandemic. 26 The American Rescue Plan Act of 2021
(ARPA) appropriated $350 billion to Treasury for the program, and as of
August 2021, Treasury had distributed approximately $240 billion, or




23See Small Business Administration, Office of Performance Management and the Chief
Financial Officer, Agency Financial Report for Fiscal Year 2020 (Washington D.C.: Dec.
18, 2020).
24See Small Business Administration, Office of Performance, Planning and the Chief
Financial Officer, Agency Financial Report for Fiscal Year 2021 (Washington D.C.: Nov.
15, 2021).
25GAO, COVID-19: Urgent Actions Needed to Better Ensure an Effective Federal
Response, GAO-21-191 (Washington, D.C.: Nov. 30, 2020).
26GAO, COVID-19: Additional Actions Needed to Improve Accountability and Program
Effectiveness of Federal Response, GAO-22-105051 (Washington, D.C.: Oct. 27, 2021).




Page 14                                                                   GAO-22-105715
                           almost 70 percent, of these funds. 27 We recommended that Treasury
                           finalize these key recipient monitoring policies and procedures; Treasury
                           agreed with our recommendation. As of February 2022, Treasury officials
                           had partially addressed this recommendation, but have yet to provide us
                           with the documented policies and procedures.

Post-payment Reviews and   Provider Relief Fund. In October 2021, we found that the Health
Recovery Audits            Resources and Services Administration (HRSA), within the Department of
                           Health and Human Services, had not established time frames for
                           implementing and completing post-payment reviews for all Provider Relief
                           Fund recipients. This fund provides financial relief to eligible health care
                           providers that provided COVID-19 diagnoses, testing, or health care after
                           January 31, 2020. As of December 31, 2021, HRSA had allocated about
                           $174 billion and had distributed about $146 billion of the $178 billion in
                           appropriated program funds.

                           In addition to not establishing time frames for implementing and
                           completing post-payment review of Provider Relief Fund spending, we
                           found that HRSA had not finalized procedures for recovering
                           overpayments or recovered the bulk of the overpayments that it had
                           already identified from recipients. We recommended that HRSA establish
                           time frames for completing post-payment reviews to promptly address
                           risks and identify overpayments, as well as finalize and implement post-
                           payment recovery of any Provider Relief Fund overpayments, unused
                           payments, or payments not properly used. HRSA partially agreed with
                           these recommendations but noted it would need to wait to begin certain
                           recovery audits until after the grace period for provider reporting ended on
                           November 30, 2021 or January 1, 2022, depending on when providers
                           received their funds. As of December 2021, HRSA had not yet developed
                           or implemented its plans for post-payment review or recovery audits of
                           Provider Relief Funds.

                           Emergency Rental Assistance. In January 2022, we found that
                           Treasury had not yet designed processes, such as post-payment reviews
                           or recovery audits, for identifying and recovering overpayments made by
                           grantees to households, landlords, or utility providers to help reasonably

                           27Pub. L. No. 117-2, tit. IX, subtit. M, § 9901, 135 Stat. at 223 (codified at 42 U.S.C. §§
                           802-03). Section 9901 of ARPA appropriated $350 billion in total funding for two funds—
                           the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery
                           Fund. For purposes of this testimony, we discuss these two funds collectively as the
                           Coronavirus State and Local Fiscal Recovery Funds (CSLFRF).




                           Page 15                                                                       GAO-22-105715
                                     assure payment integrity for the Emergency Rental Assistance (ERA)
                                     programs. 28 We recommended it do so; Treasury officials stated in
                                     January 2022 that the agency is working to establish such reviews and
                                     recovery audits, as well as initiating a desk review plan that uses risk-
                                     based analytics to identify the highest risk recipients.

Recipient Eligibility and Identity   Confirming the eligibility and identify of individuals to distribute payments
Verification                         correctly—such as through confirming wage information or housing status
                                     or verifying identity—are key activities that agencies can conduct to help
                                     identify and reduce improper payments, including those that result from
                                     fraud. Improper payments related to misrepresented eligibility or identity
                                     have been difficult for program offices to measure. As part of agency
                                     improper payment estimates, for fiscal year 2021 and onward, federal
                                     executive agencies are specifically required to report on the portion of
                                     their programs’ improper payment estimates where the root cause of the
                                     improper payment is due to failure to verify identity. 29

                                     We found that federal and state agencies have relied on self-attestation
                                     or self-certification for individuals to verify their eligibility or identity in
                                     order to receive assistance from some emergency relief programs, which
                                     left them open to significant fraud risks. For example:

                                     •   Unemployment Insurance. In October 2021, we identified that
                                         unemployment insurance (UI) programs, both the regular
                                         unemployment insurance program and pandemic-specific programs,
                                         were at risk of fraud. Fraudulent activities included individuals using
                                         stolen or fake identity information or personally identifiable information
                                         to apply for and receive unemployment benefits. 30 According to
                                         officials from the Department of Labor (DOL), although DOL was

                                     28Congress appropriated $46.55 billion to Treasury for the ERA programs to address
                                     financial and housing instability caused by the COVID-19 pandemic. Congress
                                     appropriated these funds in December 2020 and March 2021, known as ERA1 and ERA2,
                                     respectively. For the purposes of this statement, we refer to ERA1 and ERA2 collectively
                                     as the ERA programs. Treasury uses the same approach but considers ERA1 and ERA2
                                     to be separate programs managed by the same office. The ERA programs make funding
                                     available to state, territorial, tribal, and local governments (grantees), which are to use the
                                     funds to provide assistance to eligible households for rent, utility, and other housing-
                                     related expenses.
                                     29OMB Circular A-123, Appendix C, Requirements for Payment Integrity Improvement
                                     (OMB M-21-19). For fiscal year 2021, agencies estimated that about $7.7 billion in
                                     improper payments included “identity” as a root cause.
                                     30GAO-22-105051.




                                     Page 16                                                                        GAO-22-105715
    aware of isolated occurrences of identity-related fraud before the
    pandemic, such as the use of false identities, it saw an increase in the
    frequency and volume of identity-related fraud, as well as significantly
    more sophisticated fraud schemes, since the pandemic began.
    In June 2021, the DOL Office of Inspector General (OIG) reported that
    it had identified nearly $8 billion in potentially fraudulent UI benefits
    paid from March 2020 through October 2020. 31 DOL continues to
    invest in its own identity verification resources and has made funds
    available to states to address potential fraud and identity theft in the
    UI programs, but we recommended that it comprehensively assess
    fraud risk, such as identity theft, and examine the suitability of existing
    fraud controls. As of February 10, 2022, DOL had reported
    approximately $32.6 billion in UI overpayments from April 2020
    through December 2021, although these overpayments may not all
    have been the result of fraud.
•   Paycheck Protection Program and Economic Injury Disaster
    Loans. In January 2022, we reported that a federal jury convicted an
    individual who had submitted fraudulent applications seeking more
    than $1.5 million in PPP and EIDL loans for fictitious businesses.
    Specifically, this individual used the identities of elderly residents of
    senior living facilities and falsified official documents about these
    fictitious business to support PPP and EIDL applications. In January
    2021, we reported that the Department of Justice had filed charges
    related to identity theft in the EIDL program based on law enforcement
    investigations.
    In July 2021, we analyzed the 51 cases for which the Department of
    Justice had filed fraud charges for EIDL loans as of March 2021 and
    found that 19 cases involved identity theft and 39 cases involved false
    attestation based on law enforcement investigations. 32 In March 2022,
    the Department of Justice announced it had seized over $1 billion in
    loan proceeds from individuals who sought to defraud the EIDL
    program.


31For more information, see Department of Labor, Office of Inspector General, Alert
Memorandum: The Employment and Training Administration Needs to Issue Guidance to
Ensure State Workforce Agencies Provide Requested Unemployment Insurance Data to
the Office of Inspector General, Report No. 19-21-005-03-315 (Washington, D.C.: June
16, 2021).
32GAO, Economic Injury Disaster Loan Program: Additional Actions Needed to Improve
Communication with Applicants and Address Fraud Risks, GAO-21-589, (Washington,
D.C.: Jul. 30, 2021). Cases may include multiple charges.




Page 17                                                                GAO-22-105715
•   Emergency Rental Assistance. In February 2022, we reported that
    Treasury allows ERA grantees to determine the eligibility of applicants
    who cannot provide supporting documentation, such as a signed
    lease to demonstrate a rental obligation, through self-attestation, or
    written attestations provided by applicants. 33 We and other federal
    and local auditors who oversee ERA funds have acknowledged that,
    while relying on self-attestation expedites application processing and
    makes it easier for applicants without formal documentation to qualify
    for funding, it also increases the risk of fraud. 34
    We recommended that Treasury, in consultation with Treasury OIG,
    develop and implement procedures to monitor and evaluate these
    grantees’ controls. Monitoring procedures should include information
    on the minimum internal control systems expected for ERA grantees
    that rely on self-attestation and other administrative flexibilities that
    could increase risks of improper payments. Treasury said it planned to
    update its compliance testing procedures to include information on
    control systems expected for grantees that rely on administrative
    flexibilities, which generally aligns with our recommendation.

In October 2020, the Joint Financial Management Improvement Program,
a cooperative venture between Treasury, OMB, the Office of Personnel
Management, and GAO, began an initiative to identify key practices to
enhance identity verification and potentially reduce improper payments.
As part of this effort, the Joint Financial Management Improvement
Program convened a panel of experts from federal, state, and
international governments, as well as the private and nonprofit sectors. It
plans to issue a report later this year that distills concepts and ideas
discussed by the expert panel into a set of key practices and
considerations.

To accompany the report, the Joint Financial Management Improvement
Program will also publish an interactive and illustrative model that allows
users to understand the potential benefits and tradeoffs of implementing
various identity verification tools and processes.


33GAO, Emergency Rental Assistance: Additional Grantee Monitoring Needed to Manage
Known Risks, GAO-22-105490 (Washington, D.C.: Feb. 10, 2022).
34In February 2021, Treasury updated its guidance for the ERA programs to require
grantees to document policies and procedures for determining eligibility, including
specifying under what circumstances they will accept self-attestations without further
documentation.




Page 18                                                                      GAO-22-105715
                       In addition, according to a March 1, 2022 White House fact sheet on
                       combatting fraud and identity theft in pandemic relief programs, the
                       President plans to announce a new executive order in the coming weeks
                       on preventing and detecting identity theft in public benefit programs. 35

Agencies Did Not       At the beginning of March 2022, the White House noted that there has
Strategically Manage   been an “expansion of foreign and domestic criminal syndicates
                       defrauding” benefits programs intended to help Americans deal with the
Fraud Risks            pandemic’s impacts. 36 Additionally, the Pandemic Response
                       Accountability Committee (PRAC) has stated that the unprecedented
                       amount of money made available for pandemic relief, along with the fact
                       that most funds were distributed quickly, put the money at a higher risk for
                       fraud. 37 The extent of fraud associated with COVID-19 relief funds has not
                       yet been determined. One of the many challenges is that, because of
                       fraud’s deceptive nature, programs can incur financial losses related to
                       fraud that are never identified and such losses are difficult to reliably
                       estimate.

                       However, many individuals have already pleaded guilty to federal charges
                       of defrauding COVID-19 relief programs. Based on our analysis of
                       Department of Justice case information, we found that from March 2020
                       through January 2022, at least 417 individuals pleaded guilty to and 11
                       individuals were convicted at trial of federal charges of defrauding
                       COVID-19 relief programs—including SBA’s PPP and EIDL program,
                       DOL’s UI programs, and economic impact payments issued by Treasury




                       35White House, Fact Sheet: President Biden to Announce New Steps to Combat Criminal
                       Fraud and Identity Theft in Pandemic Relief Programs (Washington, D.C.: Mar. 1 2022),
                       accessed Mar. 7, 2022,
                       https://www.whitehouse.gov/briefing-room/statements-releases/2022/03/01/fact-sheet-pre
                       sident-biden-to-announce-new-steps-to-combat-criminal-fraud-and-identity-theft-in-pande
                       mic-relief-programs/.
                       36White House, Fact Sheet: President Biden to Announce New Steps to Combat Criminal
                       Fraud and Identity Theft in Pandemic Relief Programs.
                       37The CARES Act established the PRAC within the Council of Inspectors General on
                       Integrity and Efficiency, the oversight and coordination body for the inspector general
                       community. Pub. L. No. 116-136, § 15010(b), 134 Stat. 281, 534 (2020). The PRAC is
                       composed of 21 inspectors general.




                       Page 19                                                                     GAO-22-105715
(including the Internal Revenue Service), among others. 38 As shown in
figure 3, the majority of these individuals pleaded guilty or were convicted
at trial of charges related to SBA’s PPP and EIDL program and DOL’s UI
programs.




38Of the at least 428 individuals who pleaded guilty or were convicted at trial, at least 241
had been sentenced as of January 31, 2022. Sentences varied. For example, in one case
of UI fraud, an individual was sentenced to 1 year of probation and an order to pay a
$2,000 fine and over $16,000 in restitution. In another case, an individual pleaded guilty to
PPP fraud and was sentenced to over 17 years in prison, 5 years supervised release, and
an order to pay nearly $4.5 million in restitution.




Page 20                                                                       GAO-22-105715
Figure 3: Number of Individuals That Have Pleaded Guilty to or Were Convicted at Trial of Federal Fraud-Related Charges by
COVID-19 Relief Program, as of Jan. 31, 2022




                                         Page 21                                                              GAO-22-105715
The number of individuals facing fraud-related charges has continued to
grow since March 2020 and will likely increase, as these cases take time
to develop. Based on our analysis of Department of Justice case
information through January 2022, federal charges were pending against
at least 566 individuals or entities for attempting to defraud COVID-19
relief programs.

Additionally, our hotline—known as FraudNet—as well as other federal
hotlines, including the SBA OIG’s and DOL OIG’s hotlines, have received
numerous complaints from the public, many of them alleging potential
fraud involving COVID-19 relief funds. For example, in October 2021,
SBA OIG reported that from March 2020 through August 2021, it received
215,000 hotline complaints alleging fraudulent activity in PPP and the
EIDL program, and has launched numerous investigations into this
potentially fraudulent activity. As of January 3, 2022, DOL OIG reported
opening more than 31,000 investigative matters involving alleged UI
fraud.

We recognize that eliminating all fraud and fraud risks is not a realistic
goal. However, agencies should make every effort to minimize fraud and
maximize help to individuals in legitimate need.

Across our COVID-19 work, we found that agencies did not consistently
apply leading practices to manage fraud risks in COVID-19 spending,
including designating dedicated antifraud entities or assessing fraud risks.
For example:

•   Paycheck Protection Program and Economic Injury Disaster
    Loans. SBA’s approach to managing fraud risks in PPP and the EIDL
    program, as well as in its longstanding programs, has not been
    strategic. For example, SBA did not designate a dedicated antifraud
    entity until February 2022. This new entity—the Fraud Risk
    Management Board—is to oversee and coordinate SBA’s fraud risk
    prevention, detection, and response activities.
    Further, in March 2021, we found that that SBA had not conducted
    fraud risk assessments for PPP and the EIDL program. 39 When SBA
    developed its fraud risk assessments for the programs in October
    2021, SBA had already distributed most of the programs’ funding. As
    we mentioned in prior work, fraud risk assessments are most helpful

39GAO, COVID-19: Sustained Federal Action Is Crucial as Pandemic Enters Its Second
Year, GAO-21-387 (Washington, D.C.: Mar. 31, 2021).




Page 22                                                               GAO-22-105715
    in developing preventive fraud controls to avoid costly and inefficient
    “pay-and-chase” activities.
•   Unemployment Insurance. In October 2021, we found that DOL had
    not clearly assigned defined responsibilities to a dedicated antifraud
    entity or comprehensively assessed fraud risks for the UI programs, in
    alignment with leading practices. 40 We made six recommendations to
    improve DOL’s ability to identify and assess fraud risks to the UI
    programs, including that DOL designate a dedicated antifraud entity
    with clearly defined and documented responsibilities and authority,
    including for facilitating communication about fraud issues to
    stakeholders. DOL neither agreed nor disagreed with these
    recommendations.
    In February 2022, DOL noted that its Employment and Training
    Administration, in partnership with its Office of Chief Financial Officer,
    is responsible for fraud risk management in the UI programs.
    However, the department has yet to document the designation of
    these offices as the dedicated antifraud entities or these officials’
    antifraud roles and responsibilities in departmental policies and
    procedures. In addition, DOL had not yet conducted a comprehensive
    fraud risk assessment. In February 2022, DOL said that it will use our
    Fraud Risk Framework for its risk assessment activities for the UI
    program and that work on developing the assessment in the UI
    program using the framework will occur in fiscal year 2022.

Agency OIGs have also raised concerns about the ability of agencies to
strategically manage fraud risks. For example, SBA OIG identified
managing fraud risks as a top management challenge for the agency,
citing the susceptibility of pandemic relief programs to significant fraud
risks and vulnerabilities as a particular concern. DOL OIG has similarly
reported significant concerns with the ability of DOL and state workforce
agencies to deploy UI and other program benefits expeditiously and
efficiently while ensuring integrity and adequate oversight, particularly in
response to national emergencies and disasters.

In light of our findings, as well as those of the OIGs, we are concerned
about the pace and extent to which agencies since 2016—when FRDAA
was enacted—have implemented controls to prevent, detect, and respond
to fraud in a manner consistent with leading practices. These leading
practices are applicable during normal operations, as well as during
emergencies. Had agencies already been strategically managing their

40GAO-22-105051.




Page 23                                                          GAO-22-105715
                         fraud risks, they would have been better positioned to identify and
                         respond to the heightened risks that emerged during the pandemic.

                         Congress’ ability to oversee agencies’ efforts to manage fraud risks is
                         hindered by the lack of fraud-related reporting requirements. FRDAA and
                         the Payment Integrity Information Act of 2019 required agencies to report
                         on their antifraud controls and fraud risk management efforts in their
                         annual financial reports. However, the requirement to report such
                         information ended with the fiscal year 2020 annual financial report and,
                         since then, there has been no similar requirement for agencies to report
                         on their efforts to manage fraud risks. 41

Agencies Generally Did   Quickly reporting improper payment estimates for emergency relief
Not Estimate Improper    programs is critical to agency accountability and transparency over
                         whether appropriated funds were spent for their intended purposes. In
Payments for Emergency
                         addition, estimating improper payments and identifying root causes help
Relief Programs          ensure that agencies develop and implement corrective actions to help
                         reduce them.

                         Under OMB’s current improper payment estimate guidance, agencies are
                         not required to estimate improper payments for programs in their initial
                         year of operation. Specifically, according to the guidance, agencies
                         should complete a risk assessment to determine susceptibility to
                         significant improper payments after the first 12 months of program
                         operations; a determination of susceptibility triggers reporting
                         requirements in the following fiscal year. 42 Therefore, for programs that
                         are newly established in response to an emergency, agencies will need to
                         conduct new risk assessments to determine if the new programs are
                         susceptible to significant improper payments. 43 As a result, in some


                         41The Payment Integrity Information Act of 2019 includes multiple ongoing reporting
                         requirements for agencies related to improper payments generally but none specifically
                         mention fraud.
                         42Agencies are required by statute to report estimates for all programs and activities
                         identified as susceptible to significant improper payments. 31 U.S.C. § 3352(c)(1).
                         According to OMB, giving agencies until the year following the initial susceptibility
                         determination is necessary due to multiple factors, such as the time needed to secure a
                         contract for a statistician and develop an appropriate sampling and estimation
                         methodology, and the need for programs to report on 12 full months of data in their annual
                         reporting.
                         43Agencies may also decide to incorporate emergency relief funding into existing agency
                         programs for improper payment risk assessment and reporting.




                         Page 24                                                                    GAO-22-105715
                             instances, agencies may not report improper payment estimates
                             associated with new emergency relief programs until 2 to 3 years after the
                             program is established, if at all.

                             Most agencies did not report estimates for new COVID-19 relief programs
                             for fiscal year 2021. In November 2020, we suggested Congress
                             consider, in any future legislation appropriating COVID-19 relief funds,
                             designating all executive agency programs and activities making more
                             than $100 million in payments from COVID-19 relief funds as “susceptible
                             to significant improper payments.” 44

                             In addition, due to concerns about the possibility that improper payments,
                             including those resulting from fraudulent activity, could be widespread, we
                             recommended that SBA expeditiously estimate improper payments and
                             report estimates and error rates for PPP. 45 However, in its fiscal year
                             2021 Agency Financial Report, SBA did not report improper payment
                             estimates for the program. SBA officials stated the agency plans to report
                             estimates for PPP in its fiscal year 2022 Agency Financial Report, which
                             will likely be issued in November 2022. Delays in estimating improper
                             payments can negatively affect an agency’s ability to develop timely
                             corrective actions.

Federal Agencies Lack        While responsibilities for planning and implementing fraud risk
Permanent, Government-       management and detection activities start with agency management
                             officials as noted above, the oversight community plays a critical role in
wide Analytic Capabilities
                             identifying and investigating suspected fraud. The importance of this role
to Help Agencies Identify    in nonemergency periods is heightened during emergencies such as the
Fraud                        COVID-19 pandemic as agencies work to implement large-scale relief
                             efforts quickly.

                             At the outset of the pandemic, there was no permanent, government-wide
                             analytic capability to help federal agencies identify fraud. Previously, this
                             type of analytical capability existed within the Recovery Operations
                             Center, established by the Recovery Board, which was created by the
                             American Recovery and Reinvestment Act of 2009 to oversee funds
                             appropriated under the act and composed of agency inspectors general.
                             The Disaster Relief Appropriations Act of 2013 expanded the Recovery
                             Board’s mandate to include oversight of Hurricane Sandy funding through
                             September 30, 2015. In an example of its work, the Recovery Operations

                             44GAO-21-191.

                             45GAO-21-191.




                             Page 25                                                         GAO-22-105715
                             Center researched 104 entities in New York and New Jersey that had
                             $329 million in debris-removal contracts. The Recovery Operations
                             Center forwarded the information to the Department of Homeland
                             Security OIG. The findings showed entities whose owners had federal or
                             state tax liens and organizations with previous fraudulent activities
                             receiving debris-removal contracts.

                             GAO previously recommended that Congress and Treasury preserve the
                             Recover Operations Center’s functions, given its proven value in ensuring
                             federal spending accountability. 46 Congress and Treasury did not
                             implement our recommendations to make such a center permanent, and
                             the Recovery Board and center activity terminated at the end of
                             September 2015.

                             In March 2021, ARPA appropriated $40 million dollars to the PRAC,
                             which subsequently established the Pandemic Analytics Center of
                             Excellence (PACE). The role of PACE is to help oversee the trillions of
                             dollars in federal pandemic-related emergency spending. According to the
                             PRAC, the PACE applies the best practices from the Recovery
                             Operations Center, with the goal of building an “affordable, flexible, and
                             scalable analytics platform” to support OIGs during their pandemic-related
                             work, including beyond the organization’s sunset date in 2025.

                             However, PACE was not established until more than a year after
                             agencies began distributing relief funds. The delayed establishment of the
                             center resulted in valuable time lost for OIGs to help program officials
                             understand fraud risks and identify potential fraud. In addition, the center
                             is focused on pandemic programs only and is time-limited. Without
                             permanent government-wide analytics capabilities to assist the oversight
                             community, agencies will have limited resources to apply to nonpandemic
                             programs to ensure robust financial stewardship, as well as better
                             prepare for applying fundamental financial and fraud risk management
                             practices to future emergency funding.

OMB Did Not Issue Timely     Timely and useful audit guidance can help ensure recipients’ appropriate
Guidance for Single Audits   use of federal funds and reduce the likelihood of improper payments.
                             State, local, and private auditors play a role in ensuring that federal
                             payments are distributed appropriately. These auditors conduct external

                             46GAO, Federal Spending Accountability: Preserving Capabilities of Recovery Operations
                             Center Could Help Sustain Oversight of Federal Expenditures, GAO-15-814 (Washington,
                             D.C.: Sept. 14, 2015).




                             Page 26                                                                 GAO-22-105715
audits of organizations (such as state and local governments and
nonprofit organizations) that receive a significant level of federal financial
assistance—known as single audits. 47 Single audits help determine,
among other things, whether recipients have complied with laws,
regulations, and the provisions of contracts or grant agreements that may
have a direct and material effect on each of the recipients’ major
programs. OMB prepares annually, with input from federal agencies, a
Compliance Supplement to help consolidate legal requirements for
numerous programs into one central place.

COVID-19 relief funding provided to agencies for new and existing
programs across the federal government has significantly increased the
number of entities, such as local governments, subject to single audits
and the demand for auditors to conduct these audits. The American
Institute of Certified Public Accountants estimated that thousands of new
single audits or program-specific audits are triggered by the influx of
COVID-19 relief funding, including for entities that received federal
awards through the Provider Relief Fund and Shuttered Venue Operators
Grant programs, which may be subject to single audit requirements for
the first time. 48 The association also stated that the compounding effect of
delayed OMB Compliance Supplements and related addendums and the
influx of new auditees have resulted in both a spike in the quantity of audit
work and major redistribution of the timing of work for certified public
accountants. As a result, workload compression may negatively affect the
ability to complete timely, quality single audits.


47The Single Audit Act, codified at 31 U.S.C. §§ 7501-06, establishes requirements for
nonfederal entities (defined as states, the District of Columbia, U.S. territories, Indian
tribes, local governments, and nonprofit organizations) expending $750,000 or more in
federal awards in their fiscal year to undergo a single audit, which is an audit of the entity’s
financial statements and federal awards (or, in limited circumstances, program-specific
audits) for the fiscal year. These audits are conducted in accordance with OMB’s
implementing guidance, which is reprinted in 2 C.F.R part 200. 31 U.S.C. § 7502; 2 C.F.R.
§ 200.501.
48Many Shuttered Venue Operators Grant program recipients (e.g., museums and
aquariums) and Provider Relief Fund recipients (e.g., hospitals) are nonprofit
organizations subject to single audit requirements based on their pandemic and other
federal award expenditures. Further, in its single audit implementing regulations, the
Department of Health and Human Services requires for-profit organizations that receive
$750,000 or more in annual aggregated departmental awards (including Provider Relief
Fund payments) during their fiscal year to undergo either (1) an audit in conformance with
single audit requirements, or (2) a financial related audit of the applicable award(s) in
accordance with generally accepted government auditing standards. 45 C.F.R. §§ 75.2,
75.216, 75.501.




Page 27                                                                         GAO-22-105715
We found that OMB was delayed in providing single audit guidance for
COVID-19 relief programs, including the Coronavirus Relief Fund,
CSLFRF, and the ERA programs. For example, as we reported in July
2021, OMB officials told us that the 2021 Compliance Supplement would
not include guidance for CSLFRF and other programs established by
ARPA. 49 OMB provided auditors with a 6-month extension for submitting
single audit reports for 2021. 50

As a result of the lag in OMB’s issuance of relevant single audit guidance
for COVID-19 relief funds in its annual Compliance Supplement, auditors
were delayed in conducting single audits and reporting results. These
delays could affect recipients’ development of corrective action plans and
resolution of findings identified during the audits, as well as federal
agencies’ formulation of management decisions about single audit
findings.

For example, in July 2021, we identified that California expended
approximately $7.5 billion of the $9.5 billion Coronavirus Relief Fund
payments allocated to the state between July 1, 2020, and December 31,
2020. 51 However, because California’s fiscal year ends June 30 and given
OMB’s 6-month extension for entities with fiscal year ends of June 30,
2021, the single audit results of its Coronavirus Relief Fund spending for
fiscal year 2021 will not be due until September 30, 2022, and the
management decision letter regarding such findings will not be due until
March 31, 2023—almost 3 years after California started spending the
payments.



49GAO, COVID-19: Continued Attention Needed to Enhance Federal Preparedness,
Response, Service Delivery, and Program Integrity, GAO-21-551 (Washington, D.C.: July
19, 2021).
50OMB’s 2021 single audit guidance related to the COVID-19 pandemic directed federal
awarding agencies, in their capacity as cognizant or oversight agencies for audit, to
provide 6-month audit submission due date extensions for 2021 single audit reports for
entities whose fiscal year ends on or before June 30, 2021. See OMB M-21-20, Promoting
Public Trust in the Federal Government through Effective Implementation of the American
Rescue Plan Act and Stewardship of the Taxpayer Resources (Mar. 19, 2021).
51GAO-21-551. The CARES Act, as amended, appropriated $150 billion to Treasury for
the Coronavirus Relief Fund, which provided payments to states, local governments, U.S.
territories, tribal governments, and the District of Columbia, to offset the direct and indirect
costs of their response to the COVID-19 pandemic that were incurred between March 1,
2020, and December 31, 2021. 42 U.S.C. § 801.




Page 28                                                                         GAO-22-105715
                            In March 2021, we reported that auditors who conduct single audits of
                            entities with fiscal years that end June 30 have expressed a need to
                            obtain the Compliance Supplement by no later than April of each year in
                            order to effectively plan their audits and conduct interim testing. OMB
                            issued the 2021 Compliance Supplement in August 2021 and two
                            addendums, the first in December 2021 and the second in January 2022.
                            These addendums include guidance specific to CSLFRF and other
                            COVID-19 relief programs such as pandemic nutrition assistance
                            programs. However, neither the 2021 Compliance Supplement, nor the
                            two addendums, included guidance specific to ERA, despite OMB listing
                            them as “higher risk” programs.

                            In January 2022, we recommended that OMB, in consultation with
                            Treasury, issue single audit guidance for the ERA programs—which had
                            already distributed over 80 percent in program funding—quickly. 52 In
                            response to this recommendation, Treasury officials told us that the
                            agency was working with OMB to issue single audit guidance on ERA.
                            We continue to meet periodically with OMB and the audit community to
                            discuss the audit community’s concerns and additional single audit
                            guidance needed. OMB plans to issue the 2022 Compliance Supplement
                            at the end of April 2022.

Agencies Lack Quality       Quality federal spending data is key for management to help assess
Federal Spending Data for   whether agencies are meeting program objectives. In addition, providing
                            clear and transparent information about limitations and inconsistencies of
Financial Management
                            data can help users understand the extent to which the data are
Reviews                     comparable and reliable.

                            We found challenges related to implementation of guidance for timely and
                            reliable reporting on COVID-19-related funds. For example:

                            •   Timely reporting. OMB issued guidance in April 2020 that required
                                agencies to report CARES Act spending data through




                            52GAO, COVID-19: Significant Improvements Are Needed for Overseeing Relief Funds
                            and Leading Responses to Public Health Emergencies, GAO-22-105291 (Washington,
                            D.C.: Jan. 27, 2022).




                            Page 29                                                              GAO-22-105715
    USAspending.gov. 53 To meet this requirement, and to meet the need
    for greater frequency of reporting, OMB’s guidance required agencies
    with COVID-19 funding to move from quarterly to monthly reporting.
    To give agencies time to review and attest to the quality of the data
    they were submitting, the filing deadline was set roughly 30 days after
    each monthly reporting period. Although this has resulted in more
    timely information, it does not represent real-time display of financial
    data to the public. 54
•   Data reliability. In March 2021, we found that errors related to
    tracking initial COVID-19 spending data caused discrepancies
    between outlays and obligations for some federal agencies’ spending
    reported on USAspending.gov resulting in these data being
    unreliable. 55 According to officials from Treasury, DOL, the
    Department of Health and Human Services, and SBA, these
    discrepancies resulted from errors in agencies’ implementation of the
    OMB guidance to code COVID-19 spending data.

The Digital Accountability and Transparency Act of 2014 (DATA Act)
expanded previous federal transparency legislation by requiring agencies
to report their agency spending information and link it to federal program
activities to provide more effective tracking of federal spending. The
DATA Act aims to improve the quality of data submitted to
USAspending.gov by holding federal agencies accountable for the
completeness and accuracy of the data submitted. The DATA Act
required agency inspectors general and GAO to review and report on the
completeness, timeliness, quality, and accuracy of the data, as well as




53OMB Memorandum M-20-21, Implementation Guidance for Supplemental Funding
Provided in Response to the Coronavirus Disease 2019 (COVID-19). In March 2021, OMB
issued guidance requiring agencies to use the reporting mechanisms established in OMB
Memorandum M-20-21 to ensure all spending of funds provided in ARPA is reported
monthly to USAspending.gov. OMB Memorandum M-21-20.
54GAO, Federal Spending Transparency: Opportunities Exist to Further Improve the
Information Available on USAspending.gov, GAO-22-104702 (Washington, D.C.: Nov. 8,
2021).
55GAO-21-387.




Page 30                                                                GAO-22-105715
the implementation and use of data standards. 56 However, this reporting
requirement ended in 2021. 57

In our work examining DATA Act implementation and efforts to report
federal spending data, we found that OMB and Treasury have made
progress in improving the quality, transparency, and usefulness of the
data submitted to and displayed on USAspending.gov; however, issues
persist. 58 For example, we found that Treasury does not have processes
to prevent or detect incomplete or inaccurate data displayed on
USAspending.gov and provide agencies with information to assist them
with improving their data submissions. 59

We recommended that Treasury design and implement such processes
to prevent and detect incomplete and inaccurate data and to provide
agencies with information to help them reconcile differences in their
unlinked financial and award data. Treasury agreed with our
recommendation, and we will continue to monitor its implementation.
Although these findings and recommendations were not specific to
COVID-19 relief funding, they have implications for tracking and
accounting for this funding, as well as relief funding for future
emergencies and overall government spending.

Of the 57 federal agency OIG reports issued during 2021, 44 identified
areas for improving the accuracy, completeness, and timeliness of data
reported to USAspending.gov and made recommendations to agencies
for such improvement. Six of these reports made recommendations that
specifically called for consultation with OMB, Treasury, or both. For
example:




56Pub. L. No. 113-101, §§ 2-3, 128 Stat. 1146, 1146–51. The DATA Act amended the
Federal Funding Accountability and Transparency Act of 2006. Pub. L. No. 109-282, 120
Stat. 1186 reprinted in 31 U.S.C. § 6101 note. We refer to language added to the Federal
Funding Accountability and Transparency Act by the DATA Act as DATA Act
requirements.
57GAO, DATA Act: OIGs Reported that Quality of Agency-Submitted Data Varied, and
Most Recommended Improvements, GAO-20-540 (Washington, D.C.: July 9, 2020).
58GAO-22-104702 and Federal Spending Transparency: Opportunities Exist for Treasury
to Further Improve USAspending.gov’s Use and Usefulness, GAO-22-104127
(Washington, D.C.: Dec. 16, 2021).
59GAO-22-104702.




Page 31                                                                   GAO-22-105715
                      •   Two OIGs recommended that agencies consult with OMB and
                          Treasury as necessary when developing their data reporting policies
                          and procedures or to clarify data standards.
                      •   Two other OIGs recommended that agencies communicate with
                          Treasury regarding errors found in agencies’ financial assistance data
                          submissions caused by Treasury’s DATA Act broker or financial
                          assistance awards reporting system.

                      The federal government has provided over $4 trillion in relief funds to
Congress Can Take     assist individuals, businesses, and localities to respond to, and recover
Certain Actions Now   from, the COVID-19 pandemic. The size and scope of this funding made
                      it susceptible improper payments and fraud. Unfortunately, the
to Increase           fundamental internal controls and financial and fraud risk management
Transparency and      practices that could help to identify and reduce improper payments and
                      manage fraud risks were not consistently in place as funds were
Accountability of     distributed, further increasing the chances of improper payments and
Emergency Relief      fraud.
Spending              We have identified 10 actions that Congress can take to strengthen
                      internal controls and financial and fraud risk management practices
                      across the government. Such actions will increase accountability and
                      transparency in federal spending in both emergency and nonemergency
                      periods. (See appendix II for the list of the 10 matters for congressional
                      consideration.)

                      Require OMB to provide guidance for agencies to develop internal
                      control plans that would then immediately be ready for use in, or
                      adaptation for, future emergencies or crises and require agencies to
                      report these plans to OMB and Congress. Requiring OMB to develop
                      and provide guidance for internal control plans now would help ensure
                      that agencies have considered the payment integrity risks associated with
                      emergency funding and developed internal controls to help mitigate those
                      risks. Such planning could also help provide critical transparency tools to
                      give Congress some assurance that agencies will be able to establish
                      and adapt, as appropriate and necessary, effective and efficient controls
                      over new or expanded federal funding during emergencies.

                      In addition, this planning can help ensure consistency of oversight across
                      the federal government. For example, agencies’ planning for and
                      establishment of strong back-end controls, such as post-payment reviews
                      and recovery audits, are critical when the quick disbursement of funds
                      makes front-end controls difficult to apply. In addition, we have made



                      Page 32                                                        GAO-22-105715
recommendations to OMB since 2013 to develop robust guidance for
agencies to design internal control plans for disaster relief funding and
develop a strategy to ensure that agencies communicate such plans
sufficiently and timely. OMB has not yet sufficiently addressed these
recommendations.

Designate all new programs making more than $100 million in
payments “susceptible to significant improper payments.”
Designating all new federal programs with more than $100 million in
annual spending would make these programs subject to the statutory
requirement for agencies to estimate and report on these programs’
improper payments. In our November 2020 report, we suggested that
Congress consider designating executive agency programs and activities
making more than $100 million in payments specifically from COVID-19
relief funds as “susceptible to significant improper payments” in any future
legislation appropriating COVID-19 relief funds. We believe that Congress
should amend provisions enacted by the Payment Integrity Information
Act of 2019 to designate all newly established executive agency
programs and activities, both emergency-specific and otherwise, making
more than $100 million in payments in any one fiscal year as “susceptible
to significant improper payments” for their initial years of operation.

Reinstate the requirement for agencies to report on their antifraud
controls and fraud risk management efforts in agency financial
reports. Requiring agencies to report annually on their antifraud controls
and fraud risk management efforts will help facilitate congressional
oversight and focus agency attention on strategic fraud risk
management—both during normal operations and in emergencies—and
help align their efforts with leading practices.

Establish a permanent analytics center of excellence to aid the
oversight community in identifying improper payments and fraud.
Establishing such a capability would further aid the oversight community’s
efforts to assess and identify fraud, as well as to help agencies identify
areas of potential fraud risks so that they can implement preventive and
detective controls or evaluate existing controls for opportunities for
improvement. Ongoing challenges with fraud and improper payments
highlight the value of these analytical capabilities, not only for emergency
spending but to tackle these challenges across the federal government
where they have been a growing concern in recent years.

Strengthen management of improper payment risks and spending
data and require improper payment reporting in agencies’ annual


Page 33                                                         GAO-22-105715
financial reports. Since enactment of the Chief Financial Officers Act of
1990 (CFO Act), accounting and financial reporting standards have
continued to evolve to provide greater transparency and accountability
over the federal government’s operations and financial condition,
including long-term sustainability.

In August 2020, we suggested eight matters for congressional
consideration to improve federal financial management through
refinements to the CFO Act. Such matters included that Congress
consider legislation to require:

•   CFOs and deputy CFOs at the CFO Act agencies to have the
    necessary responsibilities to carry out federal financial management
    activities effectively;
•   OMB to prepare a government-wide 4-year financial management
    plan, including actions for improving financial management systems,
    and agency CFOs to implement such plans at the agency level
•   OMB to prepare comprehensive financial management performance-
    based metrics to be used to evaluate the financial management
    performance of agencies, and require reporting of government-wide
    and agency performance against the metrics; and
•   Agency identification and, if necessary, development of key financial
    management information needed for effective financial management
    and decision-making, as well as annual assessments and reporting by
    agency management on the effectiveness of internal control over key
    financial management information and auditor testing and reporting on
    agency internal control over the information. 60

Today we are suggesting three matters with additional refinements based
on experiences during the COVID-19 pandemic and the rapid growth and
magnitude of improper payments.

•   Clarify that (1) CFOs at CFO Act agencies have oversight
    responsibility for internal controls over financial reporting and key
    financial management information that includes spending data and
    improper payment information, and (2) executive agency internal
    control assessment, reporting, and audit requirements for key


60GAO, Federal Financial Management: Substantial Progress Made since Enactment of
the 1990 CFO Act; Refinements Would Yield Added Benefits, GAO-20-566 (Washington,
D.C.: Aug. 6, 2020).




Page 34                                                              GAO-22-105715
    financial management information, discussed above, include internal
    controls over spending data and improper payment information.
•   Require each agency CFO to (1) submit a statement, in agencies’
    annual financial reports, certifying the reliability of improper payment
    risk assessments and the validity of improper payment estimates, and
    describing the actions of the CFO to monitor the development and
    implementation of any corrective action plans; and (2) approve any
    methodology that is not designed to produce a statistically valid
    estimate.
•   Require improper payment information required to be reported under
    the Payment Integrity Information Act of 2019 to be included in
    agency financial reports.

Extend requirements for OIGs to report on USAspending.gov data
periodically. Extending the requirement for ongoing OIG oversight
through periodic reviews could help ensure that the quality of agency data
submissions to USAspending.gov continues to improve. The data
included in USAspending.gov helps provide transparency to policymakers
and the public about where federal dollars are being spent. The DATA
Act’s requirement that agency inspectors general review and report on
the completeness, timeliness, quality, and accuracy of agency data
submissions to USAspending.gov expired. 61 According to the OIG
community, few OIGs plan to continue to review and report on this
information without further requirements.

Clarify the responsibilities and authorities of OMB and Treasury for
ensuring the quality of data available on USAspending.gov. Clarifying
the responsibilities and authorities of OMB and Treasury could help
achieve the DATA Act’s purpose to improve the quality and transparency
of federal spending data even as the responsibility for submitting quality
data to USAspending.gov rests primarily with the federal agencies who
produce or manage that data. Both OMB and Treasury have key roles in
ensuring the quality of the data available to users of the
USAspending.gov website. For example, the DATA Act gives OMB and
Treasury joint responsibility for establishing government-wide financial
data standards for funds reported on USAspending.gov, which includes

61The DATA Act required each OIG to issue three reports assessing agency data
submissions and implementation and use of data standards. The last report was due
November 2021. Pub. L. No. 113-101, § 3, 128 Stat. at 1151. For more information, see
GAO-20-540.




Page 35                                                                  GAO-22-105715
              data related to COVID-19 spending. 62 However, implementation of the act
              has shown the need for Congress to clarify responsibilities and authorities
              for ensuring the quality of the data made available on the website, as well
              as the roles for OMB and Treasury to achieve this goal.

              Accelerate and make permanent the Social Security
              Administration’s sharing of full death data with Treasury’s Do Not
              Pay working system. To enhance identity verification through data
              sharing, we have previously suggested that Congress consider amending
              the Social Security Act to explicitly allow the Social Security
              Administration to share its full death data with Treasury’s Do Not Pay
              system, a data matching service for agencies to use in preventing
              payments to ineligible individuals. 63 In December 2020, Congress passed
              and the President signed into law the Consolidated Appropriations Act,
              2021, which requires the Social Security Administration, to the extent
              feasible, to share its full death data with Treasury’s Do Not Pay working
              system for a 3-year period, effective on the date that is 3 years from
              enactment of that act.

              We maintain that sharing this data will allow agencies to enhance their
              efforts to identify and prevent improper payments to deceased individuals.
              Therefore, it will be important for the Social Security Administration and
              Treasury to work together to implement this legislation. As such, we
              suggest that Congress accelerate and make permanent the requirement
              for the Social Security Administration to share its full death data with
              Treasury’s Do Not Pay working system to enhance identity verification
              efforts within the federal government.

              Chairman Peters, Ranking Member Portman, and Members of the
              Committee, this concludes my prepared statement. I would be pleased to
              respond to any questions.

              For further information about this testimony, please contact Jessica Farb,
GAO Contact   Managing Director, Health Care, at (202) 512-7114 or farbj@gao.gov;
              Orice Williams Brown, Chief Operating Officer, at (202) 512-5600 or
              williamso@gao.gov; or A. Nicole Clowers, Managing Director,
              Congressional Relations, at (202) 512-4400 or clowersa@gao.gov.

              62Pub. L. No. 113-101, § 3, 128 Stat. at 1148.

              63GAO, Improper Payments: Strategy and Additional Actions Needed to Help Ensure
              Agencies Use the Do Not Pay Working System as Intended, GAO-17-15 (Washington,
              D.C.: Oct. 14, 2016), and GAO-20-625.




              Page 36                                                               GAO-22-105715
Contact points for our Offices of Congressional Relations and Public
Affairs may be found on the last page of this report.




Page 37                                                      GAO-22-105715
Appendix I: Improper Payments across the
                      Appendix I: Improper Payments across the
                      Federal Government


Federal Government

Estimating Improper   Improper payments—payments that should not have been made or that
Payments              were made in an incorrect amount—have consistently been a
                      government-wide issue. 1 Since fiscal year 2003, federal executive
                      agencies have been required by statute to report estimated improper
                      payments for certain programs and activities. 2 For fiscal year 2021, 16
                      agencies reported improper payment estimates totaling about $281
                      billion, based on improper payment estimates reported individually by 86
                      federal programs or activities on http://www.paymentaccuracy.gov/. 3 This
                      was an increase of about $75 billion from the prior fiscal year. Most of the
                      estimated improper payments were concentrated in the following areas:
                      Department of Health and Human Services’ Medicaid program ($99
                      billion); Department of Labor’s (DOL) unemployment insurance (UI)
                      programs ($78 billion); and Department of Health and Human Services’
                      Medicare program ($50 billion).

                      Federal agencies continue to report significant estimated improper
                      payment amounts and rates. For fiscal year 2021, 15 programs had
                      reported over $1 billion in estimated improper payments, with 8 of these
                      programs reporting over $1 billion for each of the last 5 fiscal years. In
                      addition, for fiscal year 2021, agencies reported estimated improper
                      payment rates of 10 percent or greater for 26 programs and activities,
                      accounting for about 87 percent of the government-wide total of reported



                      1Improper payments include both overpayments and underpayments, any payments to an
                      ineligible recipient, any payment for an ineligible good or service, any duplicate payment,
                      any payment for a good or service not received (except for such payments where
                      authorized by law), and any payment that does not account for credit for applicable
                      discounts under statutory, contractual, administrative, or any other legally applicable
                      requirements. See 31 U.S.C. § 3351(4). When an executive agency’s review is unable to
                      discern whether a payment was proper as a result of insufficient or lack of documentation,
                      this payment must also be included in the improper payment estimate. 31 U.S.C. §
                      3352(c)(2). While not all improper payments are the result of fraud, all payments made as
                      a result of fraudulent activities are considered to be improper payments. In addition,
                      improper payment estimates are not intended to measure fraud in a particular program.
                      2Statutes that govern improper payment reporting define executive agency to mean a
                      department, an agency, or an instrumentality in the executive branch of the U.S.
                      government. 31 U.S.C. § 102.
                      3For purposes of this report, the estimated improper payment rate (also referred to as the
                      “improper payment rate”) is the estimated amount of improper payments expressed as a
                      percentage of program outlays in a given fiscal year. The website,
                      www.paymentaccuracy.gov—a U.S. government website managed by the Office of
                      Management and Budget (OMB)—which contains, among other things, information about
                      current and historical rates and amounts of estimated improper payments.




                      Page 38                                                                     GAO-22-105715
Appendix I: Improper Payments across the
Federal Government




estimated improper payments. 4 As shown in figure 4, the number of
programs reporting an improper payment rate of at least 10 percent has
been growing in the past 5 fiscal years.

Figure 4: Number of Programs Reporting Annual Improper Payment Rates Higher
than Ten Percent for Fiscal Years 2017 through 2021




Note: The estimated improper payment rate is the estimated amount of improper payments
expressed as a percentage of program outlays in a given fiscal year.



Our audit work has also consistently shown that federal agencies have
not been reporting improper payment estimates for all risk-susceptible
programs. We continued to identify some risk-susceptible programs for
which agencies did not report fiscal year 2021 estimated improper




4Agencies are required to develop improper payment estimates and corrective action
plans for any programs or activities identified as susceptible to significant improper
payments by the agency administering the program or activity, the Office of Management
and Budget, or statute.




Page 39                                                                         GAO-22-105715
                         Appendix I: Improper Payments across the
                         Federal Government




                         payment amounts. 5 It is also important to note that, with the exception of
                         two DOL UI programs, the $281 billion of reported fiscal year 2021
                         improper payment estimates generally do not include estimates related to
                         the expenditures to fund response and recovery efforts for the COVID-19
                         pandemic. For example, the Small Business Administration (SBA) does
                         not plan to report improper payment estimates for its Paycheck Protection
                         Program (PPP) until its fiscal year 2022 agency financial report is issued,
                         which will likely be in November 2022. 6 Moreover, DOL did not include
                         two of its COVID-19 programs in its UI improper payment estimates. 7

Managing Improper        During emergencies and crises when the federal government provides
Payments for Emergency   emergency assistance, the risk of improper payments may be higher
                         because the need to provide such assistance quickly can detract from the
Assistance Programs
                         planning and implementation of effective controls. Effective management
                         of improper payments helps facilitate the goals of emergency assistance
                         programs by ensuring that taxpayer resources serve their intended
                         purpose.

                         We also have ongoing work developing a framework for managing
                         improper payments for emergency assistance programs. Specifically, the
                         framework will incorporate standards for internal controls and financial
                         and fraud risk management practices, as well as requirements and
                         guidance from relevant laws and guidance on improper payments. This
                         work will highlight aspects of managing improper payments that arise in
                         the context of emergency assistance, which may necessitate special
                         considerations.




                         5Risk-susceptible programs that did not report fiscal year 2021 estimated improper
                         payments include the Department of Health and Human Services’ Temporary Assistance
                         for Needy Families, the Department of Health and Human Services’ Advance Premium
                         Tax Credit, Department of the Treasury’s Premium Tax Credit, and U.S. Department of
                         Agriculture’s Supplemental Nutrition Assistance Program.
                         6Since March 2020, Congress has provided commitment authority of about $814 billion for
                         PPP under SBA’s largest guaranteed loan program, its 7(a) small business lending
                         program. PPP loans, made by lenders but guaranteed 100 percent by SBA, are low
                         interest (1 percent) and fully forgivable if certain conditions are met.
                         7DOL did not report improper payment estimates for Pandemic Unemployment Assistance
                         or Mixed Earner Unemployment Compensation.




                         Page 40                                                                    GAO-22-105715
Appendix II: Matters for Congressional
              Appendix II: Matters for Congressional
              Consideration


Consideration

              We are making the following 10 matters for congressional consideration:

              •   Congress should pass legislation requiring the Office of Management
                  and Budget (OMB) to provide guidance for agencies to develop plans
                  for internal control that would then immediately be ready for use in, or
                  adaptation for, future emergencies or crises and requiring agencies to
                  report these internal control plans to OMB and Congress. (Matter for
                  Congressional Consideration 1)
              •   Congress should amend the Payment Integrity Information Act of
                  2019 to designate all new federal programs making more than $100
                  million in payments in any one fiscal year as “susceptible to significant
                  improper payments” for their initial years of operation. (Matter for
                  Congressional Consideration 2)
              •   Congress should amend the Payment Integrity Information Act of
                  2019 to reinstate the requirement that agencies report on their
                  antifraud controls and fraud risk management efforts in their annual
                  financial reports. (Matter for Congressional Consideration 3)
              •   Congress should establish a permanent analytics center of excellence
                  to aid the oversight community in identifying improper payments and
                  fraud. (Matter for Congressional Consideration 4)
              •   Congress should clarify that (1) chief financial officers (CFO) at CFO
                  Act agencies have oversight responsibility for internal controls over
                  financial reporting and key financial management information that
                  includes spending data and improper payment information; and (2)
                  executive agency internal control assessment, reporting, and audit
                  requirements for key financial management information, discussed in
                  an existing matter for congressional consideration in our August 2020
                  report, include internal controls over spending data and improper
                  payment information. (Matter for Congressional Consideration 5)
              •   Congress should require agency CFOs to (1) submit a statement in
                  agencies’ annual financial reports certifying the reliability of improper
                  payments risk assessments and the validity of improper payment
                  estimates, and describing the actions of the CFO to monitor the
                  development and implementation of any corrective action plans; and
                  (2) approve any methodology that is not designed to produce a
                  statistically valid estimate. (Matter for Congressional Consideration 6)
              •   Congress should consider legislation to require improper payment
                  information required to be reported under the Payment Integrity
                  Information Act of 2019 to be included in agencies’ annual financial
                  reports. (Matter for Congressional Consideration 7)




              Page 41                                                          GAO-22-105715
Appendix II: Matters for Congressional
Consideration




•   Congress should amend the DATA Act to extend the previous
    requirement for agency inspectors general to review the
    completeness, timeliness, quality, and accuracy of their respective
    agency data submissions on a periodic basis. (Matter for
    Congressional Consideration 8)
•   Congress should amend the DATA Act to clarify the responsibilities
    and authorities of OMB and Department of the Treasury for ensuring
    the quality of data available on USAspending.gov. (Matter for
    Congressional Consideration 9)
•   Congress should amend the Social Security Act to accelerate and
    make permanent the requirement for the Social Security
    Administration to share its full death data with the Department of the
    Treasury’s Do Not Pay working system. (Matter for Congressional
    Consideration 10)




Page 42                                                        GAO-22-105715
Related GAO Products  Related GAO Products




Recurring CARES Act   COVID-19: Significant Improvements Are Needed for Overseeing Relief
Reports               Funds and Leading Responses to Public Health Emergencies.
                      GAO-22-105291. Washington, D.C.: January 27, 2022.

                      COVID-19: Additional Actions Needed to Improve Accountability and
                      Program Effectiveness of Federal Response. GAO-22-105051.
                      Washington, D.C.: October 27, 2021.

                      COVID-19: Continued Attention Needed to Enhance Federal
                      Preparedness, Response, Service Delivery, and Program Integrity.
                      GAO-21-551. Washington, D.C.: July 19, 2021.

                      COVID-19: Sustained Federal Action Is Crucial as Pandemic Enters Its
                      Second Year. GAO-21-387. Washington, D.C.: March 31, 2021.

                      COVID-19: Critical Vaccine Distribution, Supply Chain, Program Integrity,
                      and Other Challenges Require Focused Federal Attention. GAO-21-265.
                      Washington, D.C.: January 28, 2021.

                      COVID-19: Urgent Actions Needed to Better Ensure an Effective Federal
                      Response. GAO-21-191. Washington, D.C.: November 30, 2020.

                      COVID-19: Federal Efforts Could Be Strengthened by Timely and
                      Concerted Actions. GAO-20-701. Washington, D.C.: September 21, 2020.

                      COVID-19: Brief Update on Initial Federal Response to the Pandemic,
                      GAO-20-708. Washington, D.C.: August 31, 2020.

                      COVID-19: Opportunities to Improve Federal Response and Recovery
                      Efforts. GAO-20-625. Washington, D.C.: June 25, 2020.

Other Related GAO     Emergency Rental Assistance: Additional Grantee Monitoring Needed to
Products              Manage Known Risks. GAO-22-105490. Washington, D.C.: February 10,
                      2022.

                      Federal Spending Transparency: Opportunities Exist to Further Improve
                      USAspending.gov’s Use and Usefulness. GAO-22-104127. Washington,
                      D.C.: December 16, 2021.

                      Federal Spending Transparency: Opportunities Exist for Treasury to
                      Further Improve the Information Available on USAspending.gov.
                      GAO-22-104702. Washington, D.C.: November 8, 2021.



                      Page 43                                                      GAO-22-105715
           Related GAO Products




           COVID-19: Additional Risk Assessment Actions Could Improve HUD
           Oversight of CARES Act Funds. GAO-21-104542. Washington, D.C.:
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           Economic Injury Disaster Loan Program: Additional Actions Needed to
           Improve Communication with Applicants and Address Fraud Risks.
           GAO-21-589. Washington, D.C.: July 30, 2021.

           Paycheck Protection Program: SBA Added Program Safeguards, but
           Additional Actions Are Needed. GAO-21-577. Washington, D.C.: July 29,
           2021.

           Federal Financial Management: Substantial Progress Made since
           Enactment of the 1990 CFO Act; Refinements Would Yield Added
           Benefits. GAO-20-566. Washington, D.C.: August 6, 2020.

           DATA Act: OIGs Reported that Quality of Agency-Submitted Data Varied,
           and Most Recommended Improvements, GAO-20-540. Washington, D.C.:
           July 9, 2020.

           Improper Payments: Strategy and Additional Actions Needed to Help
           Ensure Agencies Use the Do Not Pay Working System as Intended.
           GAO-17-15. Washington, D.C.: October 14, 2016.

           Federal Spending Accountability: Preserving Capabilities of Recovery
           Operations Center Could Help Sustain Oversight of Federal
           Expenditures. GAO-15-814. Washington, D.C.: September 14, 2015.

           A Framework for Managing Fraud Risks in Federal Programs.
           GAO-15-593SP. Washington, D.C.: July 28, 2015.

           Standards for Internal Control in the Federal Government. GAO-14-704G.
           Washington, D.C.: September 10, 2014.




(105715)
           Page 44                                                     GAO-22-105715
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