Page:United States Statutes at Large Volume 124.djvu/2259

 124 STAT. 2233 PUBLIC LAW 111–204—JULY 22, 2010 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 Govern- mental 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 mecha- nism, such as a performance agreement, with appro- priate 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 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 Transfer authority. Determination. Plans. Determination.