[Congressional Record (Bound Edition), Volume 156 (2010), Part 8]
[Senate]
[Pages 11486-11489]
[From the U.S. Government Publishing Office, www.gpo.gov]




         IMPROPER PAYMENTS ELIMINATION AND RECOVERY ACT OF 2009

  Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 430, S. 1508.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 1508) to amend the Improper Payments Information 
     Act of 2002 (31 U.S.C. 3321 note) in order to prevent the 
     loss of billions in taxpayer dollars.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with an amendment, as follows:

                                S. 1508

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Improper Payments 
     Elimination and Recovery Act of 2009''.

     SEC. 2. IMPROPER PAYMENTS ELIMINATION AND RECOVERY.

       (a) Susceptible Programs and Activities.--Section 2 of the 
     Improper Payments Information Act of 2002 (31 U.S.C. 3321 
     note) is amended by striking subsection (a) and inserting the 
     following:
       ``(a) Identification of Susceptible Programs and 
     Activities.--
       ``(1) In general.--The head of each agency shall, in 
     accordance with guidance prescribed by the Director of the 
     Office of Management and Budget, periodically review all 
     programs and activities that the relevant agency head 
     administers and identify all programs and activities that may 
     be susceptible to significant improper payments.
       ``(2) Frequency.--Reviews under paragraph (1) shall be 
     performed for each program and activity that the relevant 
     agency head administers during the year after which the 
     Improper Payments Elimination and Recovery Act of 2009 is 
     enacted and at least once every 3 fiscal years thereafter.
       ``(3) Risk assessments.--
       ``(A) Definition.--In this subsection the term 
     `significant' means--
       ``(i) except as provided under clause (ii), that improper 
     payments in the program or activity in the preceding fiscal 
     year may have exceeded--

       ``(I) $10,000,000 of all program or activity payments made 
     during that fiscal year reported and 2.5 percent of program 
     outlays; or
       ``(II) $100,000,000; and

       ``(ii) with respect to fiscal years following September 
     30th of a fiscal year beginning before fiscal year 2013 as 
     determined by the Office of Management and Budget, that 
     improper payments in the program or activity in the preceding 
     fiscal year may have exceeded--

       ``(I) $10,000,000 of all program or activity payments made 
     during that fiscal year reported and 1.5 percent of program 
     outlays; or
       ``(II) $100,000,000.

       ``(B) Scope.--In conducting the reviews under paragraph 
     (1), the head of each agency shall take into account those 
     risk factors that are likely to contribute to a 
     susceptibility to significant improper payments, such as--
       ``(i) whether the program or activity reviewed is new to 
     the agency;
       ``(ii) the complexity of the program or activity reviewed;
       ``(iii) the volume of payments made through the program or 
     activity reviewed;
       ``(iv) whether payments or payment eligibility decisions 
     are made outside of the agency, such as by a State or local 
     government;
       ``(v) recent major changes in program funding, authorities, 
     practices, or procedures;
       ``(vi) the level and quality of training for personnel 
     responsible for making program eligibility determinations or 
     certifying that payments are accurate; and
       ``(vii) significant deficiencies in the audit report of the 
     agency or other relevant management findings that might 
     hinder accurate payment certification.''.
       (b) Estimation of Improper Payments.--Section 2 of the 
     Improper Payments Information Act of 2002 (31 U.S.C. 3321 
     note) is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Estimation of Improper Payments.--With respect to 
     each program and activity identified under subsection (a), 
     the head of the relevant agency shall--
       ``(1) produce a statistically valid or otherwise 
     appropriate estimate of the improper payments made by each 
     program and activity; and
       ``(2) include those estimates in the accompanying materials 
     to the annual financial statement of the agency required 
     under section 3515 of title 31, United States Code, or 
     similar provision of law and applicable guidance of the 
     Office of Management and Budget.''.
       (c) Reports on Actions To Reduce Improper Payments.--
     Section 2 of the Improper Payments Information Act of 2002 
     (31 U.S.C. 3321 note) is amended by striking subsection (c) 
     and inserting the following:
       ``(c) Reports on Actions To Reduce Improper Payments.--With 
     respect to any program or activity of an agency with 
     estimated improper payments under subsection

[[Page 11487]]

     (b), the head of the agency shall provide with the estimate 
     under subsection (b) a report on what actions the agency is 
     taking to reduce improper payments, including--
       ``(1) a description of the causes of the improper payments, 
     actions planned or taken to correct those causes, and the 
     planned or actual completion date of the actions taken to 
     address those causes;
       ``(2) in order to reduce improper payments to a level below 
     which further expenditures to reduce improper payments would 
     cost more than the amount such expenditures would save in 
     prevented or recovered improper payments, a statement of 
     whether the agency has what is needed with respect to--
       ``(A) internal controls;
       ``(B) human capital; and
       ``(C) information systems and other infrastructure;
       ``(3) if the agency does not have sufficient resources to 
     establish and maintain effective internal controls under 
     paragraph (2)(A), a description of the resources the agency 
     has requested in its budget submission to establish and 
     maintain such internal controls;
       ``(4) program-specific and activity-specific improper 
     payments reduction targets that have been approved by the 
     Director of the Office of Management and Budget; and
       ``(5) a description of the steps the agency has taken to 
     ensure that agency managers, programs, and, where 
     appropriate, States and localities are held accountable 
     through annual performance appraisal criteria for--
       ``(A) meeting applicable improper payments reduction 
     targets; and
       ``(B) establishing and maintaining sufficient internal 
     controls, including an appropriate control environment, that 
     effectively--
       ``(i) prevent improper payments from being made; and
       ``(ii) promptly detect and recover improper payments that 
     are made.''.
       (d) Reports on Actions To Recover Improper Payments.--
     Section 2 of the Improper Payments Information Act of 2002 
     (31 U.S.C. 3321 note) is amended--
       (1) by striking subsection (e);
       (2) by redesignating subsections (d) and (f) as subsections 
     (f) and (g), respectively; and
       (3) by inserting after subsection (c) the following:
       ``(d) Reports on Actions To Recover Improper Payments.--
     With respect to any improper payments identified in recovery 
     audits conducted under section 2(h) of the Improper Payments 
     Elimination and Recovery Act of 2009 (31 U.S.C. 3321 note), 
     the head of the agency shall provide with the estimate under 
     subsection (b) a report on all actions the agency is taking 
     to recover improper payments, including--
       ``(1) a discussion of the methods used by the agency to 
     recover overpayments;
       ``(2) the amounts recovered, outstanding, and determined to 
     not be collectable, including the percent such amounts 
     represent of the total overpayments of the agency;
       ``(3) if a determination has been made that certain 
     overpayments are not collectable, a justification for that 
     determination;
       ``(4) an aging schedule of the amounts outstanding;
       ``(5) a summary of how recovered amounts have been disposed 
     of;
       ``(6) a discussion of any conditions giving rise to 
     improper payments and how those conditions are being 
     resolved; and
       ``(7) if the agency has determined under section 2(h) of 
     the Improper Payments Elimination and Recovery Act of 2009 
     (31 U.S.C. 3321 note) that performing recovery audits for any 
     applicable program or activity is not cost effective, a 
     justification for that determination.
       ``(e) Governmentwide Reporting of Improper Payments and 
     Actions To Recover Improper Payments.--
       ``(1) Report.--Each fiscal year the Director of the Office 
     of Management and Budget shall submit a report with respect 
     to the preceding fiscal year on actions agencies have taken 
     to report information regarding improper payments and actions 
     to recover improper payments to--
       ``(A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(B) the Committee on Oversight and Government Reform of 
     the House of Representatives; and
       ``(C) the Comptroller General.
       ``(2) Contents.--Each report under this subsection shall 
     include--
       ``(A) a summary of the reports of each agency on improper 
     payments and recovery actions submitted under this section;
       ``(B) an identification of the compliance status of each 
     agency to which this Act applies;
       ``(C) governmentwide improper payment reduction targets; 
     and
       ``(D) a discussion of progress made towards meeting 
     governmentwide improper payment reduction targets.''.
       (e) Definitions.--Section 2 of the Improper Payment 
     Information Act of 2002 (31 U.S.C. 3321 note) is amended by 
     striking subsections (f) (as redesignated by this section) 
     and inserting the following:
       ``(f) Definitions.--In this section:
       ``(1) Agency.--The term `agency' means an executive agency, 
     as that term is defined in section 102 of title 31, United 
     States Code.
       ``(2) Improper payment.--The term `improper payment'--
       ``(A) means any payment that should not have been made or 
     that was made in an incorrect amount (including overpayments 
     and underpayments) under statutory, contractual, 
     administrative, or other legally applicable requirements; and
       ``(B) includes any payment 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.
       ``(3) Payment.--The term `payment' means any transfer or 
     commitment for future transfer of Federal funds such as cash, 
     securities, loans, loan guarantees, and insurance subsidies 
     to any non-Federal person or entity, that is made by a 
     Federal agency, a Federal contractor, a Federal grantee, or a 
     governmental or other organization administering a Federal 
     program or activity.
       ``(4) Payment for an ineligible good or service.--The term 
     `payment for an ineligible good or service' shall include a 
     payment for any good or service that is rejected under any 
     provision of any contract, grant, lease, cooperative 
     agreement, or any other procurement mechanism.''.
       (f) Guidance by the Office of Management and Budget.--
     Section 2 of the Improper Payments Information Act of 2002 
     (31 U.S.C. 3321 note) is amended by striking subsection (g) 
     (as redesignated by this section) and inserting the 
     following:
       ``(g) Guidance by the Office of Management and Budget.--
       ``(1) In general.--Not later than 6 months after the date 
     of enactment of the Improper Payments Elimination and 
     Recovery Act of 2009, the Director of the Office of 
     Management and Budget shall prescribe guidance for agencies 
     to implement the requirements of this section. The guidance 
     shall not include any exemptions to such requirements not 
     specifically authorized by this section.
       ``(2) Contents.--The guidance under paragraph (1) shall 
     prescribe--
       ``(A) the form of the reports on actions to reduce improper 
     payments, recovery actions, and governmentwide reporting; and
       ``(B) strategies for addressing risks and establishing 
     appropriate prepayment and postpayment internal controls.''.
       (g) Determination of Agency Readiness for Opinion on 
     Internal Control.--Not later than 1 year after the date of 
     enactment of this Act, the Director of the Office of 
     Management and Budget shall develop--
       (1) specific criteria as to when an agency should initially 
     be required to obtain an opinion on internal control over 
     financial reporting; and
       (2) criteria for an agency that has demonstrated a 
     stabilized, effective system of internal control over 
     financial reporting, whereby the agency would qualify for a 
     multiyear cycle for obtaining an audit opinion on internal 
     control over financial reporting, rather than an annual 
     cycle.
       (h) Recovery Audits.--
       (1) Definition.--In this subsection, the term ``agency'' 
     has the meaning given under section 2(f) of the Improper 
     Payments Information Act of 2002 (31 U.S.C. 3321 note) as 
     redesignated by this Act.
       (2) In general.--
       (A) Conduct of audits.--Except as provided under paragraph 
     (4) and if not prohibited under any other provision of law, 
     the head of each agency shall conduct recovery audits with 
     respect to each program and activity of the agency that 
     expends $1,000,000 or more annually if conducting such audits 
     would be cost-effective.
       (B) Procedures.--In conducting recovery audits under this 
     subsection, the head of an agency--
       (i) shall give priority to the most recent payments and to 
     payments made in any program or programs identified as 
     susceptible to significant improper payments under section 
     2(a) of the Improper Payments Information Act of 2002 (31 
     U.S.C. 3321 note);
       (ii) shall implement this subsection in a manner designed 
     to ensure the greatest financial benefit to the Government; 
     and
       (iii) may conduct recovery audits directly, by procuring 
     performance of recovery audits by contract (subject to the 
     availability of appropriations), or by any combination 
     thereof.
       (C) Recovery audit contracts.--With respect to recovery 
     audits procured by an agency by contract--
       (i) subject to subparagraph (B)(iii), the head of the 
     agency may authorize the contractor to notify entities 
     (including persons) of potential overpayments made to such 
     entities, respond to questions concerning potential 
     overpayments, and take other administrative actions with 
     respect to overpayment claims made or to be made by the 
     agency; and
       (ii) such contractor shall have no authority to make final 
     determinations relating to whether any overpayment occurred 
     and whether to compromise, settle, or terminate overpayment 
     claims.
       (D) Contract terms and conditions.--The agency shall 
     include in each contract for procurement of performance of a 
     recovery audit a requirement that the contractor shall--
       (i) provide to the agency periodic reports on conditions 
     giving rise to overpayments

[[Page 11488]]

     identified by the contractor and any recommendations on how 
     to mitigate such conditions; and
       (ii) notify the agency of any overpayments identified by 
     the contractor pertaining to the agency or to any other 
     agency or agencies that are beyond the scope of the contract.
       (E) Agency action following notification.--An agency shall 
     take prompt and appropriate action in response to a report or 
     notification by a contractor under subparagraph (D)(ii), to 
     collect overpayments and shall forward to other agencies any 
     information that applies to such agencies.
       (3) Disposition of amounts recovered.--
       (A) In general.--Amounts collected by agencies each fiscal 
     year through recovery audits conducted under this subsection 
     shall be treated in accordance with this paragraph.
       (B) Use for financial management improvement program.--Not 
     more than 25 percent of the amounts collected by an agency 
     through recovery audits--
       (i) shall be available, subject to appropriation, to the 
     head of the agency or the State or local government 
     administering the program or activity to carry out the 
     financial management improvement program of the agency under 
     paragraph (4);
       (ii) may be credited, if applicable, for that purpose by 
     the head of an agency to any agency appropriations and funds 
     that are available for obligation at the time of collection; 
     and
       (iii) shall be used to supplement and not supplant any 
     other amounts available for that purpose and shall remain 
     available until expended.
       (C) Use for original purpose.--Not more than 25 percent of 
     the amounts collected by an agency--
       (i) [shall be credited to the appropriation or fund, if 
     any, available for obligation at the time of collection] 
     shall be deposited and available subject to appropriation for 
     the same general purposes as the appropriation or fund from 
     which the overpayment was made; and
       (ii) shall remain available for the same period and 
     purposes as the appropriation or fund to which credited.
       (D) Use for inspector general activities.--Not more than 5 
     percent of the amounts collected by an agency shall be 
     available, subject to appropriation, to the Inspector General 
     of that agency for--
       (i) the Inspector General to carry out this Act; or
       (ii) any other activities of the Inspector General relating 
     to investigating improper payments or auditing internal 
     controls associated with payments.
       (E) Deposit of proceeds.--Funds made available under 
     subparagraphs (B) and (D) by appropriations shall be--
       (i) deposited into the appropriate program integrity 
     accounts of the agency or the State or local government 
     administering the program or activity; and
       (ii) expended only as authorized in annual appropriations 
     Acts.
       (F) Remainder.--Amounts collected that are not applied in 
     accordance with subparagraphs (B), (C), or (D) or to meet 
     obligations to recovery audit contractors shall be deposited 
     in the Treasury as miscellaneous receipts.
       (G) Exceptions relating to entitlement and tax credit 
     programs.--This paragraph shall not apply to amounts 
     collected through recovery audits conducted under this 
     subsection relating to--
       (i) entitlement programs under section 3(9) of the 
     Congressional Budget and Impoundment Control Act of 1974 (2 
     U.S.C. 622(9)); or
       (ii) tax credit programs under the Internal Revenue Code of 
     1986.
       (4) Financial management improvement program.--
       (A) Requirement.--The head of each agency shall conduct a 
     financial management improvement program, consistent with 
     rules prescribed by the Director of the Office of Management 
     and Budget.
       (B) Program features.--In conducting the program, the head 
     of the agency--
       (i) shall, as the first priority of the program, address 
     problems that contribute directly to agency improper 
     payments; and
       (ii) may seek to reduce errors and waste in other agency 
     programs and operations.
       (5) Other recovery audit requirements.--
       (A) In general.--Subchapter VI of chapter 35 of title 31, 
     United States Code, is repealed.
       (B) Technical and conforming amendments.--
       (i) Table of sections.--The table of sections for chapter 
     35 of title 31, United States Code, is amended by striking 
     the matter relating to subchapter VI.
       (ii) Definition.--Section 3501 of title 31, United States 
     Code, is amended by striking ``and subchapter VI of this 
     title''.
       (iii) Homeland security grants.--Section 2022(a)(6) of the 
     Homeland Security Act of 2002 (6 U.S.C. 612(a)(6)) is amended 
     by striking ``(as that term is defined by the Director of the 
     Office of Management and Budget under section 3561 of title 
     31, United States Code)'' and inserting ``under section 2(h) 
     of the Improper Payments Elimination and Recovery Act of 2009 
     (31 U.S.C. 3321 note)''.
       (6) Rule of construction.--Except as provided under 
     paragraph (5), nothing in this section shall be construed as 
     terminating or in any way limiting authorities that are 
     otherwise available to agencies under existing provisions of 
     law to recover improper payments and use recovered amounts.
       (i) Report on Recovery Auditing.--Not later than 2 years 
     after the date of the enactment of this Act, the Chief 
     Financial Officers Council established under section 302 of 
     the Chief Financial Officers Act of 1990 (31 U.S.C. 901 
     note), in consultation with the Council of Inspectors General 
     on Integrity and Efficiency established under section 7 of 
     the Inspector General Reform Act of 2009 (Public Law 110-409) 
     and recovery audit experts, shall conduct a study of--
       (1) the implementation of subsection (h);
       (2) the costs and benefits of agency recovery audit 
     activities, including those under subsection (h), and 
     including the effectiveness of using the services of--
       (A) private contractors;
       (B) agency employees;
       (C) cross-servicing from other agencies; or
       (D) any combination of the provision of services described 
     under subparagraphs (A) through (C); and
       (3) submit a report on the results of the study to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Oversight and Government Reform of the 
     House of Representatives; and
       (C) the Comptroller General.

     SEC. 3. COMPLIANCE.

       (a) Definitions.--In this section:
       (1) Agency.--The term ``agency'' has the meaning given 
     under section 2(f) of the Improper Payments Information Act 
     of 2002 (31 U.S.C. 3321 note) as redesignated by this Act.
       (2) Annual financial statement.--The term ``annual 
     financial statement'' means the annual financial statement 
     required under section 3515 of title 31, United States Code, 
     or similar provision of law.
       (3) Compliance.--The term ``compliance'' means that the 
     agency--
       (A) has published an annual financial statement for the 
     most recent fiscal year and posted that report and any 
     accompanying materials required under guidance of the Office 
     of Management and Budget on the agency website;
       (B) if required, has conducted a program specific risk 
     assessment for each program or activity that conforms with 
     section 2(a) the Improper Payments Information Act of 2002 
     (31 U.S.C. 3321 note);
       (C) if required, publishes improper payments estimates for 
     all programs and activities identified under section 2(b) of 
     the Improper Payments Information Act of 2002 (31 U.S.C. 3321 
     note) in the accompanying materials to the annual financial 
     statement;
       (D) publishes programmatic corrective action plans prepared 
     under section 2(c) of the Improper Payments Information Act 
     of 2002 (31 U.S.C. 3321 note) that the agency may have in the 
     accompanying materials to the annual financial statement;
       (E) publishes improper payments reduction targets 
     established under section 2(c) of the Improper Payments 
     Information Act of 2002 (31 U.S.C. 3321 note) that the agency 
     may have in the accompanying materials to the annual 
     financial statement for each program assessed to be at risk, 
     and is meeting such targets; and
       (F) has reported an improper payment rate of less than 10 
     percent for each program and activity for which an estimate 
     was published under section 2(b) of the Improper Payments 
     Information Act of 2002 (31 U.S.C. 3321 note).
       (b) Annual Compliance Report by Inspectors General of 
     Agencies.--Each fiscal year, the Inspector General of each 
     agency shall determine whether the agency is in compliance 
     and submit a report on that determination to--
       (1) the head of the agency;
       (2) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (3) the Committee on Oversight and Governmental Reform of 
     the House of Representatives; and
       (4) the Comptroller General.
       (c) Remediation.--
       (1) Noncompliance.--
       (A) In general.--If an agency is determined by the 
     Inspector General of that agency not to be in compliance 
     under subsection (b) in a fiscal year, the head of the agency 
     shall submit a plan to Congress describing the actions that 
     the agency will take to come into compliance.
       (B) Plan.--The plan described under subparagraph (A) shall 
     include--
       (i) measurable milestones to be accomplished in order to 
     achieve compliance for each program or activity;
       (ii) the designation of a senior agency official who shall 
     be accountable for the progress of the agency in coming into 
     compliance for each program or activity; and
       (iii) the establishment of an accountability mechanism, 
     such as a performance agreement, with appropriate incentives 
     and consequences tied to the success of the official 
     designated under clause (ii) in leading the efforts of the 
     agency to come into compliance for each program and activity.
       (2) Noncompliance for 2 fiscal years.--
       (A) In general.--If an agency is determined by the 
     Inspector General of that agency not to be in compliance 
     under subsection (b) for 2 consecutive fiscal years for the 
     same

[[Page 11489]]

     program or activity, and the Director of the Office of 
     Management and Budget determines that additional funding 
     would help the agency come into compliance, the head of the 
     agency shall obligate additional funding, in an amount 
     determined by the Director, to intensified compliance 
     efforts.
       (B) Funding.--In providing additional funding described 
     under subparagraph (A), the head of an agency shall use any 
     reprogramming or transfer authority available to the agency. 
     If after exercising that reprogramming or transfer authority 
     additional funding is necessary to obligate the full level of 
     funding determined by the Director of the Office of 
     Management and Budget under subparagraph (A), the agency 
     shall submit a request to Congress for additional 
     reprogramming or transfer authority.
       (3) Reauthorization proposals.--If an agency is determined 
     by the Inspector General of that agency not to be in 
     compliance under subsection (b) for more than 3 consecutive 
     fiscal years for the same program or activity, the head of 
     the agency shall, not later than 30 days after such 
     determination, submit to Congress--
       (A) reauthorization proposals for each program or activity 
     that has not been in compliance for 3 or more consecutive 
     fiscal years; or
       (B) proposed statutory changes necessary to bring the 
     program or activity into compliance.
       (d) Compliance Enforcement Pilot Programs.--
       (1) In general.--The Director of the Office of Management 
     and Budget may establish 1 or more pilot programs which shall 
     test potential accountability mechanisms with appropriate 
     incentives and consequences tied to success in ensuring 
     compliance with this Act and eliminating improper payments.
       (2) Report.--Not later than 5 years after the date of 
     enactment of this Act, the Director of the Office of 
     Management and Budget shall submit a report to Congress on 
     the findings associated with any pilot programs conducted 
     under paragraph (1). The report shall include any legislative 
     or other recommendations that the Director determines 
     necessary.
       (e) Report on Chief Financial Officers Act of 1990.--Not 
     later than 1 year after the date of the enactment of this 
     Act, the Chief Financial Officers Council established under 
     section 302 of the Chief Financial Officers Act of 1990 (31 
     U.S.C. 901 note) and the Council of Inspectors General on 
     Integrity and Efficiency established under section 7 of the 
     Inspector General Reform Act of 2009 (Public Law 110-409), in 
     consultation with a broad cross-section of experts and 
     stakeholders in Government accounting and financial 
     management shall--
       (1) jointly examine the lessons learned during the first 20 
     years of implementing the Chief Financial Officers Act of 
     1990 (31 U.S.C. 901) and identify any reforms or improvements 
     to the legislative and regulatory compliance framework for 
     Federal financial management that will optimize Federal 
     agency efforts to--
       (A) publish relevant, timely, and reliable reports on 
     Government finances; and
       (B) implement internal controls that mitigate the risk for 
     fraud, waste, and error in Government programs; and
       (2) submit a report on the results of the examination to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Oversight and Government Reform of the 
     House of Representatives; and
       (C) the Comptroller General.

  Mr. DURBIN. Mr. President, I ask unanimous consent that the 
committee-reported amendment be withdrawn; the Carper substitute 
amendment, which is at the desk, be agreed to, and the bill, as 
amended, be read a third time and passed; the motions to reconsider be 
laid upon the table, without intervening action or debate; and that any 
statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment was withdrawn.
  The amendment (No. 4392) was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The bill (S. 1508), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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