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GAO-24-106608: Improper Payments and Fraud: How They Are Related but Different

Summary

GAO-24-106608, Improper Payments and Fraud: How They Are Related but Different, a Government Accountability Office Q&A report to the Subcommittee on Legislative Branch, Committee on Appropriations, House of Representatives, dated December 7, 2023. It is the fourth report under the provision of House Report 117-389 and describes the relationships and distinctions between improper payments and fraud. It states that executive agencies have reported cumulative improper payment estimates of about $2.4 trillion since fiscal year 2003, including $247 billion for fiscal year 2022, and that not all improper payments are caused by fraud. GAO states that it has made over 40 recommendations on using data to manage fraud risks and that agencies had not fully implemented more than half of them as of August 2023.

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“GAO-24-106608: Improper Payments and Fraud: How They Are Related but Different.” Original at www.gao.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gao-24-106608-improper-payments-and-fraud-how-they-are-related-but-dif-44b9c46616/, SHA-256 1adf2e6f306ef3bff3c75a407f27c7006d25ceb0bf351cfb9131774a53922f45.

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                       U.S. Government Accountability Office

Improper Payments and Fraud: How They Are
Related but Different
GAO-24-106608
Q&A Report to Subcommittee on Legislative Branch, Committee on Appropriations, House of Representatives
December 7, 2023


Why This Matters           Improper payments are a long-standing, significant problem in the federal
                           government. 1 Since fiscal year 2003, executive agencies have reported
                           cumulative improper payment estimates of about $2.4 trillion, including $247
                           billion for fiscal year 2022. Improper payments are any payments that should not
                           have been made or that were made in an incorrect amount, which can stem from
                           various causes, including fraud. Fraud involves obtaining a thing of value through
                           willful misrepresentation. Willful misrepresentation can be characterized by
                           making material false statements of fact based on actual knowledge, deliberate
                           ignorance, or reckless disregard of falsity. The extent of fraud government-wide
                           will likely never be known with certainty because not all fraud will be detected,
                           investigated, and adjudicated through judicial or other systems. As of December
                           2023, we are exploring ways to estimate the amount of fraud that affects the
                           federal government.
                           Both improper payments and fraud result in significant financial and nonfinancial
                           impacts to the integrity of federal programs. They erode public trust in
                           government, waste taxpayer dollars, and hinder agencies’ efforts to execute their
                           missions and program objectives effectively and efficiently. Legislation, guidance
                           from the Office of Management and Budget (OMB), and standards for internal
                           control in the federal government have increasingly focused on the need for
                           program managers to strategically address improper payments, including those
                           resulting from fraud. Understanding the relationships and distinctions between
                           improper payments and fraud is important to more effectively target the
                           associated root causes and mitigate the impacts of each.
                           House Report 117-389, accompanying the Legislative Branch Appropriations Act,
                           2023, includes a provision for GAO to provide quarterly reports in improper
                           payments. In fiscal year 2023, we issued three reports under this provision. 2 In
                           this fourth report, we describe examples of the relationships and distinctions
                           between improper payments and fraud. We also describe relevant GAO and
                           other federal guidance and executive agency efforts since 2015 to manage and
                           reduce the causes and impacts of improper payments and fraud.


Key Takeaways              •   Improper payments and fraud are distinct concepts. Improper payments can
                               have fraud-related root causes and impacts, but not all are caused by fraud.
                           •   We have made over 40 recommendations to agencies and published
                               guidance to help them better use data to manage fraud risks that include
                               fraud-related improper payments. Agencies had not fully implemented more
                               than half of these recommendations as of August 2023. We have also
                               recommended that Congress take action in this area, which it had not yet
                               done as of September 2023.


Page 1                                                                        GAO-24-106608 Improper Payments and Fraud
                          •    Implementing our recommendations and guidance can help agencies
                               address the challenges of fraud-related improper payments, save taxpayer
                               dollars, and better accomplish their missions and objectives.


Are improper payments No. Improper payments and fraud are two distinct concepts that are not
and fraud the same    interchangeable but are related, as figure 1 shows. For example, while all
thing?                fraudulent payments are considered improper, not all improper payments are due
                          to fraud. Similarly, there are types of fraudulent activity that do not result in
                          improper payments (i.e., nonfinancial fraud).

                          Figure 1: Relationship between Improper Payments and Fraud




                          Note: This figure is intended to show the relationship between improper payments and fraud and is not to scale.

                          As figure 2 shows, improper payments of federal funds, including those
                          administered by state and local governments, can include different types of
                          erroneous payments. Some improper payments are fraud-related and some are
                          not. For example, a non-fraud-related improper payment might result from
                          unintentional administrative errors or payments made in the correct amount but
                          without following applicable statutes and regulations. Improper payments can
                          also include underpayments caused by nonpayment or incomplete payment to
                          recipients to which the funds are owed.




Page 2                                                                                         GAO-24-106608 Improper Payments and Fraud
         Figure 2: Components of Executive Agency Improper Payment Estimates




         Fraud-related improper payments are different from other types of improper
         payments because they generally involve individuals or entities intentionally or
         knowingly providing false information (e.g., incorrect eligibility or identity
         information to receive a benefit from the federal government).
         Two other distinctions are that (1) improper payment determinations are made by
         agency officials while fraud determinations can only be made through the judicial
         or other adjudicative system, and (2) improper payments involve payments (i.e.,
         financial benefits) whereas fraud can involve benefits that are nonfinancial in
         nature, as figure 3 illustrates.

         Figure 3: Examples of Financial and Nonfinancial Benefit Fraud




         Fraudulently obtained nonfinancial benefits can lead to improper payments by
         providing access to payments that individuals, businesses, or other entities are
         not eligible to receive. For example, companies have falsely certified their
         ownership or other eligibility criteria to the government to fraudulently obtain
         status as a small or disadvantaged business eligible for contracts or Small
         Business Administration set-aside programs. 3 This nonfinancial benefit resulted
         in improper payments when these companies improperly received government
         contracts specifically set aside for small or disadvantaged businesses.
Page 3                                                           GAO-24-106608 Improper Payments and Fraud
                          Fraudulently obtained nonfinancial benefits may not always result in improper
                          payments but can still have other impacts, such as on trust in government and an
                          agency’s reputation. They can also create national security, criminal, health,
                          safety, and other risks. For example, we have previously reported that
                          fraudulently obtained aircraft registrations pose a risk because they can be used
                          to conceal the identity of an aircraft’s owner, facilitate criminal activity, and pose
                          national security and safety risks. 4


What are the root         Root causes are activities that lead to improper payments—including those due
causes of improper        to fraud—and that, if corrected, would prevent the improper payment from
payments, including       occurring. The causes of improper payments can vary from unintentional
those related to fraud?   administrative errors to the willful misrepresentation inherent in fraud. According
                          to OMB guidance, identifying root causes of improper payments is critical to
                          formulating effective corrective actions. 5
                          Improper payment root causes. OMB guidance provides root cause categories
                          for program administrators to use as a starting point when identifying reasons
                          improper payments occurred. This guidance directs agencies to categorize their
                          improper payment estimates by root cause and to distribute its total improper
                          payment estimate across the root cause categories provided by OMB.
                          Although fraudulent activities could be associated with each of OMB’s categories,
                          OMB guidance does not identify fraud as a separate root cause category. For
                          fiscal year 2022, agencies reported the root cause categories detailed in figure 4
                          to OMB.

                          Figure 4: Improper Payment Root Cause Categories That Agencies Reported to the Office of
                          Management and Budget for Fiscal Year 2022




                          While OMB’s guidance is provided to agencies as a starting point for categorizing
                          root causes, it notes that further work may be needed to identify the true root
                          cause that ultimately led to an improper payment. Agencies attributed about
                          $225.5 billion (approximately 91.3 percent) of improper payment estimates
                          reported for fiscal year 2022 to four root cause categories specified in OMB
                          guidance, as table 1 shows.




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         Table 1: Major Improper Payment Root Cause Reporting Categories for Fiscal Year 2022
         Root cause reporting                     Root cause example                                         Fiscal year 2022
         category                                                                                            estimated improper
                                                                                                             payment amount
                                                                                                             (rate)
         Failure to access                        Failure to access the appropriate information About $145.1 billion
         data/information needed                  to determine whether a beneficiary or         (approximately 58.8
                                                  recipient should be receiving a payment, even percent)
                                                  though such information exists and is
                                                  accessible to the agency or entity making the
                                                  payment. For example, when an agency with
                                                  access to the Social Security Administration
                                                  Death Master File fails to utilize it and
                                                  improperly sends payment to a deceased
                                                  individual.
         Inability to access the                  A situation in which the data or information               About $35.9 billion
         data/information                         needed to validate payment accuracy exists                 (approximately 14.5
                                                  but the agency or entity making the payment                percent)
                                                  does not have access to it. For example,
                                                  statutory constraints preventing an agency
                                                  from being able to access recipients’ earning
                                                  or work status through existing databases
                                                  that would help prevent improper payments.
         Data/information needed                  A situation in which there is no known         About $24.2 billion
         does not exist                           database, dataset, or location currently in    (approximately 9.8
                                                  existence that contains the data/information   percent)
                                                  needed to validate the payment accuracy
                                                  prior to making the payment. For example, an
                                                  agency unable to confirm that an individual
                                                  receiving a benefit based on their health or a
                                                  medical condition provided complete medical
                                                  evidence because no database with that
                                                  information exists.
         Unknown payment                          A payment that could be either proper or                   About $20.3 billion
         caused by insufficient or                improper, but the agency is unable to discern              (approximately 8.2
         lack of documentation                    whether the payment was proper or improper                 percent)
         from applicants to                       because of insufficient or lack of
         determine eligibility                    documentation. For example, an agency
                                                  conducting a periodic review to determine
                                                  continued eligibility for a benefit does not
                                                  have all the information in the beneficiary’s
                                                  case file to confirm continued eligibility.
         Source: GAO information and relevant Office of Management and Budget guidance. | GAO-24-106608

         Although not required, agencies may also provide additional details on improper
         payment root causes in their annual financial reports, such as the reason an
         agency did not access available data.
         Fraud root causes. Standards for Internal Control in the Federal Government, A
         Framework for Managing Fraud Risks in Federal Programs (Fraud Risk
         Framework), and our prior reporting have identified opportunity, incentive, and
         rationalization as risk factors that can contribute to fraud in federal programs. 6
         We have also reported that programs with weak internal controls can be more
         vulnerable to fraud and may lack the necessary safeguards to prevent, detect,
         and respond to fraud. In addition, we have previously reported on specific
         mechanisms that individuals can use to engage in fraudulent activities, such as
         misrepresentation, document falsification, social engineering, data breaches,
         cybercrime, and coercion. 7
         These fraud mechanisms can also align with OMB’s improper payment root
         cause categories, reflecting the risk for both inadvertent errors and fraud. For
         example, the fraud mechanisms of document falsification or misrepresentation
         could also underlie the root cause categories of improper payments related to the
Page 5                                                                                       GAO-24-106608 Improper Payments and Fraud
                       inability or failure to access data, such as eligibility or identity verification
                       information.
                       Agencies relying on program participants to self-report and self-certify
                       information on agency forms—without independently verifying such information—
                       could miss opportunities to prevent improper payments or fraud. In October
                       2021, we identified fraudulent activities related to unemployment insurance
                       programs that included individuals’ use of stolen or fake identity information or
                       personally identifiable information to apply for and receive unemployment
                       benefits. 8 The Department of Labor has also reported that fraud has historically
                       been a leading cause of unemployment insurance improper payments. In
                       addition, it noted that stolen personally identifiable information and program
                       weaknesses have allowed criminals to defraud unemployment insurance
                       programs.


How are federal        The Payment Integrity Information Act of 2019 (PIIA) contains requirements for
agencies required to   managing improper payments and fraud. 9 Requirements for agencies to manage
manage improper        improper payments include identifying risks, taking corrective actions, and
payments and fraud?    estimating and reporting on improper payments in programs they administer. The
                       improper payment estimation process is not designed to detect or measure the
                       amount of fraud that may exist.
                       PIIA’s requirements related to fraud generally involve implementing control
                       activities to prevent, detect, and respond to fraud.
                       Requirements for managing improper payments. Under PIIA, agencies are
                       required to develop improper payment estimates for programs that may be
                       susceptible to significant improper payments. 10 Improper payments are
                       considered “significant” if in the preceding fiscal year they may have exceeded
                       either (1) 1.5 percent of program outlays and $10 million or (2) $100 million
                       (regardless of the improper payment rate). Under PIIA, agencies with high-
                       priority programs are subject to additional reporting requirements. 11 OMB has
                       assigned a high-priority designation to programs with estimates of improper
                       payments resulting in monetary losses that are greater than or equal to $100
                       million annually. PIIA and related OMB guidance also contain reporting and
                       corrective action requirements to follow to manage improper payments, as figure
                       5 illustrates.




Page 6                                                                          GAO-24-106608 Improper Payments and Fraud
         Figure 5: Key Federal Requirements for Agencies to Manage Improper Payments




         PIIA requires agencies with programs susceptible to significant improper
         payments to report a description of the causes of the improper payments
         identified, actions that the agency has planned or taken to address those causes,
         and the planned or actual completion dates of those actions.
         OMB develops guidance for executive branch agencies on estimating and
         reporting improper payments. OMB Circular A-123 Appendix C, Requirements for
         Payment Integrity Improvement (OMB M-21-19), carries out OMB’s responsibility
         to issue guidance under PIIA. For example, OMB M-21-19 provides guidance to
         agencies on their responsibilities to monitor and measure the effectiveness and
         progress of improper payment mitigation strategies and corrective actions.
         OMB requires agencies to report their improper payment estimates and
         categorize them by root cause, which are both reported on
         www.PaymentAccuracy.gov. This U.S. government website is managed by OMB
         and provides current and historical improper payment data.
         Requirements for managing fraud. PIIA requires OMB to maintain guidelines
         for agencies to establish financial and administrative controls to identify and
         assess fraud risks and that incorporate leading practices detailed in our Fraud
         Risk Framework. 12 The Fraud Risk Framework, discussed in detail later in this
         report, encompasses control activities to prevent, detect, and respond to fraud.
         The framework emphasizes prevention and environmental factors that help
         managers achieve their objective to mitigate fraud risks. OMB Circular A-123,
         Management’s Responsibility for Enterprise Risk Management and Internal
         Control (OMB M-16-17) directs agencies to adhere to the Fraud Risk
         Framework’s leading practices as part of their efforts to effectively design,

Page 7                                                        GAO-24-106608 Improper Payments and Fraud
         implement, and operate an internal control system that addresses financial and
         nonfinancial fraud risks. Figure 6 illustrates key federal requirements for agencies
         to manage fraud risk.

         Figure 6: Key Federal Requirements for Agencies to Manage Fraud Risk




         OMB also published a notification in October 2022 reminding agencies of these
         requirements and stating that in adherence with PIIA, agencies must establish
         financial and administrative controls to identify and assess fraud risks. 13 The
         notification informs agencies that all programs, regardless of their improper
         payment risks or rates, should strategically manage their fraud risks. The
         notification further directs agencies to consider both financial and nonfinancial
         fraud risks, such as individuals obtaining beneficiary payments or personally
         identifiable information through willful misrepresentation.
         Since fiscal year 2017, OMB has directed agencies to provide data on dollars
         associated with confirmed fraud—cases that have been adjudicated as fraud by
         a court—on its PaymentAccuracy.gov website. Beyond this directive, agencies
         are not required to report financial and nonfinancial fraud. Agencies are also not
         required to report the root causes of the confirmed fraud reported on
         PaymentAccuracy.gov.
         PIIA contained fraud risk management agency reporting requirements for
         agencies’ annual financial reports, but those requirements expired in 2020. In
         March 2022, we recommended that Congress amend PIIA to reinstate the
         requirement that agencies report on their antifraud controls and fraud risk
         management efforts in their annual financial reports. 14 As of October 2023,
         Congress had not passed legislation reinstating this requirement.
         Estimated improper payment amounts cannot be used to determine the extent of
         fraud in a particular program. Agencies’ Inspectors General may report on certain
         results of investigations but do not uniformly record and report fraud and related
         data. Similarly, federal programs that report improper payment data do not
         consistently assess what proportion of those payments were the result of fraud.
         As we reported in January 2023, an estimate of the amount of fraud across all
         federal programs does not currently exist because existing data on fraud make it
         difficult to produce reliable government-wide estimates. 15 We are exploring ways
         to estimate the amount of fraud that affects the federal government.




Page 8                                                         GAO-24-106608 Improper Payments and Fraud
What resources does   We have developed several resources to help agencies combat improper
GAO have to help      payments, including those related to fraud. These resources include guidance
agencies manage       such as A Framework for Managing Improper Payments in Emergency
improper payments and Assistance Programs (Managing Improper Payments Framework) and our Fraud
                      Risk Framework, and the web-based Antifraud Resource. These resources can
fraud?
                          help agencies better understand and combat the causes and impacts of improper
                          payments and fraud.
                          Managing Improper Payments Framework. In July 2023, we issued our
                          Managing Improper Payments Framework. 16 This framework includes leading
                          practices to help federal agencies combat improper payments, including those
                          stemming from fraud, in emergency and nonemergency programs before they
                          occur. Agencies should also use this framework with existing requirements
                          related to managing improper payments, including those stemming from fraud.
                          Such requirements include the internal control standards outlined in Standards
                          for Internal Control in the Federal Government. Our Managing Improper
                          Payments Framework includes an overall five-step approach, as figure 7
                          describes.

                          Figure 7: Framework for Managing Improper Payments in Emergency Assistance Programs




Page 9                                                                        GAO-24-106608 Improper Payments and Fraud
          This approach includes principles that align with leading practices described in
          our Fraud Risk Framework, such as identifying and assessing fraud risks that
          cause improper payments. Federal agencies should use the Managing Improper
          Payments Framework in conjunction with GAO’s Fraud Risk Framework’s
          leading practices for combatting fraud and improper payments in a strategic, risk-
          based manner.
          Fraud Risk Framework. GAO’s Fraud Risk Framework outlines four key
          components that serve as a guide for agency managers to use when developing
          efforts to combat fraud in a strategic, risk-based way. As figure 8 illustrates, the
          four key components of GAO’s Fraud Risk Framework are commit, assess,
          evaluate and adapt, and design and implement. 17

          Figure 8: The Four Components of Our Fraud Risk Framework




          Antifraud resource. In January 2022, we issued our antifraud resource. 18 This
          online interactive tool can help inform federal officials, Congress, the media, and
          the public about key characteristics of fraud schemes and provide resources for
          combating them. The resource includes GAO’s Conceptual Fraud Model, which
          was developed to describe the nature of known fraud, both financial and
          nonfinancial, that affects federal programs and operations. The primary intended
          users of GAO’s Antifraud Resource are U.S. federal government managers and
          employees. It may also be applicable to state, local, and foreign government
          agencies, as well as nonprofit entities and others responsible for fraud risk
          management. Figure 9 references the online location of this antifraud resource.

          Figure 9: Reference to GAO’s Antifraud Resource




Page 10                                                        GAO-24-106608 Improper Payments and Fraud
How can agencies’    We have previously reported on features of corrective actions that agencies have
efforts to combat    taken to reduce improper payment rates, such as establishing accountability,
improper payments    facilitating collaboration, and providing technology, tools, and training (see table
support efforts      2). 19
designed to combat   Table 2: Examples of Features of Corrective Actions Agencies Have Taken to Reduce
fraud?               Improper Payments
                                   Establishing Department of Veterans Affairs’s (VA) Veterans Health Administration
                                   accountability (VHA) established program-level senior accountable officials to
                                                  increase accountability and involvement of program offices in reducing
                                                  improper payments. In addition, VHA established compliance
                                                  benchmarks for all VHA high-risk programs and set goals for each
                                                  senior accountable official to meet Payment Integrity Information Act of
                                                  2019 (PIIA) compliance by specified dates.
                                   Facilitating           Health and Human Services (HHS) supported states in establishing
                                   collaboration          mitigation strategies and corrective actions for Child Care and
                                                          Development Fund (CCDF) improper payments. The CCDF program
                                                          provides tribal governments, states, and U.S. territories with funding to
                                                          help low-income families access childcare HHS also promoted
                                                          collaboration by conducting site visits in states needing assistance to
                                                          address improper payment root causes.
                                   Providing              Federal Communications Commission (FCC) and the Universal Service
                                   technology,            Administrative Company (USAC), a not-for-profit company
                                   tools, and             administering FCC programs, launched the National Verifier to address
                                   training               program integrity issues. According to the FCC, National Verifier
                                                          reduces improper payments related to ineligible, deceased, and
                                                          duplicate subscribers and oversubscribed addresses. National Verifier
                                                          uses a combination of automated and manual processes to verify
                                                          eligibility and avoid duplicate enrollments, confirming whether a
                                                          consumer is qualified for the Lifeline program. In addition, FCC officials
                                                          stated that the Schools and Libraries program’s use of open data and
                                                          other coding capabilities allowed the FCC to improve its eligibility
                                                          validation for invoices. USAC also implemented outreach efforts to
                                                          reduce improper payments and the causes of errors identified during
                                                          audits and payment quality assurance reviews. These outreach efforts
                                                          include newsletters and webinars to educate carriers on rules and
                                                          program requirements.
                     Source: GAO (information); Icons-Studio/stock.adobe.com (icons). | GAO-24-106608

                     Note: These examples were from GAO, Improper Payments: Programs Reporting Reductions Had Taken
                     Corrective Actions That Shared Common Features, GAO-23-106585 (Washington, D.C.: June 30, 2023).
                     Corrective actions designed to reduce improper payments, such as those
                     described in table 2, can help identify improper payments that are due to errors in
                     providing inaccurate information. These corrective actions can further support
                     existing or future antifraud fraud controls designed specifically to prevent, detect,
                     and respond to fraud, such as those described in table 3. For example, improper
                     payment corrective actions focusing on accountability, collaboration, and tools
                     and training can also help combat fraud-related improper payments.




Page 11                                                                                                 GAO-24-106608 Improper Payments and Fraud
                        Table 3: Examples of How Corrective Actions to Reduce Improper Payments Align with
                        Efforts to Combat Fraud
                                      Establishing Centers for Medicare and Medicaid Services (CMS) created the Center
                                      accountability for Program Integrity (CPI), a dedicated and centralized antifraud entity
                                                     accountable for strategically managing improper payment risks related
                                                     to fraud in the Medicare and Medicaid programs. This entity is an
                                                     executive-level office with a direct reporting line to executive-level
                                                     management at CMS. According to CMS officials, CPI has heightened
                                                     visibility across CMS and is involved in executive-level conversations.a
                                      Facilitating           U.S. Export and Import Bank of the United States (EXIM) took
                                      collaboration          collaborative steps to develop and implement an antifraud strategy. Its
                                                             control activities are based on results of a fraud risk assessment and
                                                             corresponding fraud risk profile. These control activities help mitigate
                                                             fraud risks impacting EXIM’s various loan programs. For instance,
                                                             EXIM established working groups of internal officials from various
                                                             divisions to help implement EXIM’s antifraud strategy. The working
                                                             groups did so by assessing the fraud risk within their respective
                                                             divisions; designing, implementing, and operating an internal control
                                                             system for their financial programs; and reporting issues related to
                                                             fraud or compliance objectives in their respective areas.b
                                      Providing              Federal Communications Commission’s (FCC) program administrator,
                                      technology,            the Universal Service Administrative Company (USAC), established
                                      tools, and             payment recapture audits and an improper payment testing program.
                                      training               Specifically, the program included corrective actions such as
                                                             technology, guidance, and auditor training to detect and deter improper
                                                             payments to telecommunication carriers. Improper payments can result
                                                             from carriers’ fraudulent misrepresentation of discounted
                                                             telecommunication services or goods to schools and libraries.c
                        Source: GAO (information); Icons-Studio/stock.adobe.com (icons). | GAO-24-106608
                        a
                         GAO, Medicare: Actions Needed to Better Manage Fraud Risks, GAO-18-660T (Washington, D.C.: July 17,
                        2018).
                        b
                         GAO, Export-Import Bank: Additional Documentation about Stakeholder Roles and Clarity about Fraud Risks
                        Would Strengthen Antifraud Efforts, GAO-22-105340 (Washington, D.C.: Sept. 27, 2022).
                        c
                          GAO, Improper Payments: Programs Reporting Reductions Had Taken Corrective Actions That Shared
                        Common Features, GAO-23-106585 (Washington, D.C.: June 30, 2023), and Telecommunications: FCC
                        Should Take Action to Better Manage Persistent Fraud Risks in the Schools and Libraries Program,
                        GAO-20-606 (Washington, D.C.: Sept. 16, 2020).



What challenges exist   We have reported many existing challenges that can limit agencies’ abilities to
in using data to        use data to manage improper payments and fraud. 20 Such challenges include
manage improper         using and accessing complete and reliable data to prevent and identify fraud-
payments and fraud?     related improper payments, as the examples in table 4 illustrate. We have also
                        made recommendations to agencies and Congress to help address these
                        challenges (see table 4). Implementing these recommendations can help
                        agencies combat the related causes and impacts of fraud-related improper
                        payments.




Page 12                                                                                                    GAO-24-106608 Improper Payments and Fraud
          Table 4: Examples of Challenges Agencies Face in Using Data to Manage Fraud-Related
          Improper Payments and GAO’s Recommendations to Address Them
                         Incomplete or Some agencies work with incomplete or unreliable data when
                         unreliable    managing fraud-related improper payments.
                         data          For example, we reported in 2018 that the Department of Defense
                                       (DOD) needs to take steps to collaborate with its component agencies
                                       to improve the reliability and completeness of the data obtained on all
                                       foreign military payments. Doing so would help ensure that no fraud-
                                       related improper payments were made to civilian personnel conducting
                                       oversight of DOD contracts. We made recommendations to address
                                       this issue. DOD agreed with these recommendations, but had not yet
                                       implemented them as of October 2023.a
                                       We also recommended in 2023 that the Department of Housing and
                                       Urban Development (HUD) develop guidance for state and local
                                       entities that receive HUD’s disaster recovery grants to collect complete
                                       and consistent data to better support applicant eligibility
                                       determinations and fraud risk management. HUD agreed with this
                                       recommendation, but had not yet implemented it as of October 2023.b
                         Not            Some agencies do not use existing data that could help validate
                         leveraging     payment eligibility and compliance.
                         available data For example, we recommended in 2018 that the Internal Revenue
                                        Service (IRS) take steps to assess the benefits and costs of using
                                        available wage data to identify potential fraud-related improper tax
                                        refunds before sending the refunds to recipients. We reported that
                                        using such data could help IRS identify the underreporting of wages,
                                        employment fraud, and other noncompliance before issuing refunds.
                                        IRS has taken some steps that partially respond to this
                                        recommendation, but, as of October 2023, it had not yet taken the
                                        additional steps needed to fully implement this recommendation.c
                         Data sharing           Legal requirements can inhibit sharing of key personally identifiable
                         limitations            information data with some agencies that could help identify fraud-
                                                related improper payments.
                                                For example, we reported earlier in 2023 that the Small Business
                                                Administration (SBA) faces statutory obstacles that prevent the Social
                                                Security Administration from sharing key data, including Social
                                                Security numbers, with SBA. These data could help SBA effectively
                                                detect and prevent fraud-related improper payments in SBA’s
                                                pandemic-relief programs, consistent with leading practices in our
                                                fraud risk framework. We recommended that SBA develop a plan for
                                                obtaining access to those external sources of data, which might
                                                involve pursuing statutory authority or entering into a data-sharing
                                                agreement to obtain such access. SBA agreed with this
                                                recommendation, but had not yet implemented it as of October 2023.d
                         Limited                Limitations on data access and data capabilities can constrain
                         access to              agencies’ oversight capabilities and resources.
                         data and data          For example, most of the 24 Chief Financial Officers Act of 1990
                         capabilities           agencies that we surveyed in 2023 reported challenges with accessing
                                                relevant data. They also reported limited staff, tools, and funding to
                                                support data analytical capabilities, impeding efforts to identify or
                                                prevent fraud-related improper payments.e
                                                We also reported in 2022 that many agencies face limited access to
                                                data on deceased individuals that the Social Security Administration
                                                (SSA) is currently required to share in Treasury’s Do Not Pay (DNP)
                                                system for 3 years. The DNP system is a data matching service for
                                                agencies to use in preventing fraud-related improper payments,
                                                including those to deceased individuals. As result, we recommended
                                                that Congress accelerate and make permanent this existing
                                                requirement.f Treasury officials have informed us that by the end of
                                                this calendar year, the Do Not Pay working system should have full
                                                access to the full death data. However, under current law, that access
                                                will end in 2026. As of October 2023, Congress had not yet taken
                                                action on this recommendation.
          Source: GAO (information); Icons-Studio/stock.adobe.com (icons). | GAO-24-106608



Page 13                                                                                      GAO-24-106608 Improper Payments and Fraud
                     a
                      GAO, Foreign Military Sales: Financial Oversight of the Use of Overhead Funds Needs Strengthening,
                     GAO-18-553 (Washington, D.C.: July 30, 2018).
                     b
                      GAO, Disaster Recovery: HUD Should Develop Data Collection Guidance to Support Analysis of Block Grant
                     Fraud Risks, GAO-23-104382 (Washington, D.C.: Aug. 17, 2023).
                     c
                       GAO, Tax Fraud and Noncompliance: IRS Can Strengthen Pre-refund Verification and Explore More Uses,
                     GAO-18-224 (Washington, D.C.: Jan. 30, 2018).
                     d
                      GAO, COVID Relief: Fraud Schemes and Indicators in SBA Pandemic Programs, GAO-23-105331
                     (Washington, D.C.: May 18, 2023).
                     e
                      GAO, Fraud Risk Management: Information on Agencies’ Current Status, GAO-24-106565 (Washington, D.C.:
                     Nov. 1, 2023).
                     f
                      GAO, Emergency Relief Funds: Significant Improvements Are Needed to Ensure Transparency and
                     Accountability for COVID-19 and Beyond, GAO-22-105715 (Washington, D.C.: Mar. 17, 2022).

                     Since 2015, we have made over 40 recommendations for agencies to use data
                     analytical capabilities to help manage fraud risk, such as to verify self-reported
                     data and identify fraud-related improper payments. More than half of these
                     recommendations had not been fully implemented as of August 2023. 21


How GAO Did This     We reviewed relevant federal statutes, standards, and guidance that focused on
Study                management of, or distinctions and relationships between, improper payments
                     and fraud. We also conducted a literature review of relevant GAO products and
                     other federal reports that focused on these issues and that were issued since we
                     published our Fraud Risk Framework in 2015.
                     The distinctions and relationships between improper payments and fraud that we
                     describe in this report are not intended to be an exhaustive list. Similarly,
                     examples of federal requirements, standards, and guidance described in this
                     report are not intended to present a comprehensive, detailed analysis of all
                     improper payment and fraud risk management requirements, standards, or
                     guidance that may exist.
                     We conducted this performance audit from January 2023 to December 2023 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.


List of Addressees   The Honorable Mark E. Amodei
                     Chairman
                     The Honorable Adriano Espaillat
                     Ranking Member
                     Subcommittee on Legislative Branch
                     Committee on Appropriations
                     House of Representatives

                     We are sending copies of this report to the appropriate congressional
                     committees. We are also sending informational copies to OMB, the Council of the
                     Inspectors General on Integrity and Efficiency, and other interested parties. In
                     addition, the report is available at no charge on the GAO website
                     at https://www.gao.gov.




Page 14                                                                                 GAO-24-106608 Improper Payments and Fraud
GAO Contact   For more information, contact: Rebecca Shea, Director, Forensic Audits and
Information   Investigative Service, at (202) 512-6722 or SheaR@gao.gov.
              Chuck Young, Managing Director, Public Affairs, YoungC1@gao.gov,
              (202) 512-4800.
              A. Nicole Clowers, Managing Director, Congressional Relations,
              ClowersA@gao.gov, (202) 512-4400.
              Staff Acknowledgments: Gabrielle Fagan (Assistant Director), Flavio Martinez
              (Analyst in Charge), Daniel Silva (Senior Auditor), Jim Ashley, Leia Dickerson,
              Colin Fallon, Daniel Flavin, Jason Kirwan, Barbara Lewis, Maria McMullen,
              James Murphy, Hannah Padilla, Amanda Stogsdill, and Matthew Valenta made
              key contributions to this report.
              Connect with GAO on Facebook, Flickr, Twitter, and YouTube. Subscribe to our
              RSS Feeds or Email Updates. Listen to our Podcasts.
              Visit GAO on the web at https://www.gao.gov.
              This work of the United States may include copyrighted material, details at
              https://www.gao.gov/copyright.


Endnotes
              1Improper payments are any payments that should not have been made or that were made in an

              incorrect amount (including overpayments and underpayments) under statutory, contractual,
              administrative, or other legally applicable requirements. Improper payments include any payment to
              an ineligible recipient or ineligible service, duplicate payments, payments for services not received
              (except where authorized by law), and any payment for an incorrect amount. 31 U.S.C. § 3351(4).
              Executive agency estimates of improper payments also treat as improper any payments whose
              propriety cannot be determined due to lacking or insufficient information. 31 U.S.C. § 3352(c)(2).
              2GAO, Improper Payments: Fiscal Year 2022 Estimates and Opportunities for Improvement,

              GAO-23-106285 (Washington, D.C.: Mar. 29, 2023); Improper Payments: Programs Reporting
              Reductions Had Taken Corrective Actions That Shared Common Features, GAO-23-106585
              (Washington, D.C.: June 30, 2023); and Improper Payments: Opportunities for Interagency
              Collaboration and Improvements, GAO-23-106761 (Washington, D.C.: Sept. 28, 2023).
              3GAO, Defense Procurement: Ongoing DOD Fraud Risk Assessment Efforts Should Include

              Contractor Ownership, GAO-20-106 (Washington, D.C.: Nov. 25, 2019).
              4GAO, Aviation: FAA Needs to Better Prevent, Detect, and Respond to Fraud and Abuse Risks in

              Aircraft Registration, GAO-20-164 (Washington, D.C.: Mar. 25, 2020).
              5Office of Management and Budget, Requirements for Payment Integrity Improvement, Circular No.

              A-123, Appendix C, OMB-M-21-19 (Washington, D.C.: Mar. 5, 2021).
              6GAO, Standards for Internal Control in the Federal Government, GAO-14-704G

              (Washington, D.C.: September 2014); A Framework for Managing Fraud Risks in Federal
              Programs, GAO-15-593SP (Washington, D.C.: July 28, 2015); and Medicare and Medicaid: CMS
              Needs to Fully Align Its Antifraud Efforts with the Fraud Risk Framework, GAO-18-88 (Washington,
              D.C.: Dec. 5, 2017).
              7GAO, Federal Student Loans: Education Needs to Verify Borrowers’ Information for Income-Driven

              Repayment Plans, GAO-19-347 (Washington, D.C.: June 25, 2019); Fake Caller ID Schemes:
              Information on Federal Agencies’ Efforts to Enforce Laws, Educate the Public, and Support
              Technical Initiatives, GAO-20-153 (Washington, D.C.: Dec. 18, 2019); High-Risk Series: Federal
              Government Needs to Urgently Pursue Critical Actions to Address Major Cybersecurity Challenges,
              GAO-21-288 (Washington, D.C.: Mar. 24, 2021); and DOD Fraud Risk Management: Actions
              Needed to Enhance Department-Wide Approach, Focusing on Procurement Fraud Risks, GAO-21-
              309 (Washington, D.C.: Aug. 19, 2021).
              8GAO, COVID-19: Additional Actions Needed to Improve Accountability and Program Effectiveness

              of Federal Response, GAO-22-105051 (Washington, D.C.: Oct. 27, 2021).
              9Pub. L. No. 116-117, 134 Stat. 113 (2020) (codified at 31 U.S.C. §§ 3351-58).

              1031 U.S.C.   § 3352(a)(1)(B).
              1131 U.S.C. § 3352(b)(2).


Page 15                                                                      GAO-24-106608 Improper Payments and Fraud
          1231 U.S.C. § 3357(b). The Fraud Reduction and Data Analytics Act of 2015 (FRDAA) originally

          required OMB to establish these guidelines for agencies in 2016. Pub. L. No. 114-186, 130 Stat.
          546 (2016). FRDAA was repealed and replaced by PIIA in 2020.
          13Office of Management and Budget, Establishing Financial and Administrative Controls to Identify

          and Assess Fraud Risk, CA-23-03 (Washington, D.C.: Oct. 17, 2022).
          14GAO, Emergency Relief Funds: Significant Improvements Are Needed to Ensure Transparency

          and Accountability for COVID-19 and Beyond, GAO-22-105715 (Washington, D.C.: Mar. 17, 2022).
          15GAO, Fraud in the Federal Government: Challenges Determining the Extent of Federal Fraud,

          GAO-23-106110 (Washington, D.C.: Jan. 23, 2023).
          16GAO, A Framework for Managing Improper Payments in Emergency Assistance Programs,

          GAO-23-105876 (Washington, D.C.: July 13, 2023).
          17GAO-15-593SP.

          18GAO, “The GAO Antifraud Resource,” (Washington, D.C.: Jan. 10, 2022), accessed Sept. 6,

          2023, https://gaoinnovations.gov/antifraud_resource/.
          19GAO, Improper Payments: Programs Reporting Reductions Had Taken Corrective Actions That

          Shared Common Features, GAO-23-106585 (Washington, D.C.: June 30, 2023).
          20GAO, Foreign Military Sales: Financial Oversight of the Use of Overhead Funds Needs

          Strengthening, GAO-18-553 (Washington, D.C.: July 30, 2018); Disaster Recovery: HUD Should
          Develop Data Collection Guidance to Support Analysis of Block Grant Fraud Risks,
          GAO-23-104382 (Washington, D.C.: Aug. 17, 2023); Tax Fraud and Noncompliance: IRS Can
          Strengthen Pre-refund Verification and Explore More Uses, GAO-18-224 (Washington, D.C.: Jan.
          30, 2018); COVID Relief: Fraud Schemes and Indicators in SBA Pandemic Programs,
          GAO-23-105331 (Washington, D.C.: May 18, 2023); Fraud Risk Management: Information on
          Agencies’ Current Status, GAO-24-106565 (Washington, D.C.: Nov. 1, 2023); and Emergency
          Relief Funds: Significant Improvements Are Needed to Ensure Transparency and Accountability for
          COVID-19 and Beyond, GAO-22-105715 (Washington, D.C.: Mar. 17, 2022).
          21GAO, Fraud Risk Management: Information on Agencies’ Current Status, GAO-24-106565

          (Washington, D.C.: Nov. 1, 2023).




Page 16                                                                GAO-24-106608 Improper Payments and Fraud


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