Page:United States Statutes at Large Volume 124.djvu/2257

124 STAT. 2231 PUBLIC LAW 111–204—JULY 22, 2010 by paragraph 7 of section 250 of the Balanced Budget and Emergency Deficit Control Act of 1985) and shall not apply to recoveries of overpayments that are made from discretionary amounts that were appropriated prior to enactment of this Act. (G) APPLICATION.—This paragraph shall not apply to recoveries of overpayments if the appropriation from which the overpayment was made has not expired. (4) FINANCIAL MANAGEMENT IMPROVEMENT PROGRAM.— (A) REQUIREMENT.—The head of each agency shall con- duct a financial management improvement program, con- sistent 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) PRIVACY PROTECTIONS.—Any nongovernmental entity that, in the course of recovery auditing or recovery activity under this subsection, obtains information that identifies an individual or with respect to which there is a reasonable basis to believe that the information can be used to identify an individual, may not disclose the information for any purpose other than such recovery auditing or recovery activity and governmental oversight of such activity, unless disclosure for that other purpose is authorized by the individual to the execu- tive agency that contracted for the performance of the recovery auditing or recovery activity. (6) OTHER RECOVERY AUDIT REQUIREMENTS.— (A) IN GENERAL.—(i) Except as provided in clause (ii), subchapter VI of chapter 35 of title 31, United States Code, is repealed. (ii) Section 3562(a) of title 31, United States Code, shall continue in effect, except that references in such section 3562(a) to programs carried out under section 3561 of such title, shall be interpreted to mean programs carried out under section 2(h) of this Act. (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 2010 (31 U.S.C. 3321 note)’’. (7) RULE OF CONSTRUCTION.—Except as provided under paragraph (5), nothing in this section shall be construed as 31 USC 3561 et seq. Repeal. Regulations.