PUBLIC LAW 107-300 —NOV. 26, 2002 116 STAT. 2351 (d) DEFINITIONS.— For the purposes of 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 overpa5mients 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 service, any duplicate pay- ment, payments for services not received, and any payment that does not account for credit for applicable discounts. (3) PAYMENT. — The term "payment" means any payment (including a commitment for future payment, such as a loan guarantee) that is— (A) made by a Federal agency, a Federal contractor, or a governmental or other organization administering a Federal program or activity; and (B) derived from Federal funds or other Federal resources or that will be reimbursed from Federal funds or other Federal resources. (e) APPLICATION. — This section— (1) applies with respect to the administration of programs, and improper payments under programs, in fiscal years after fiscal year 2002; and (2) requires the inclusion of estimates under subsection (b)(2) only in annual budget submissions for fiscal years after fiscal year 2003. (f) GUIDANCE BY THE OFFICE OF MANAGEMENT AND BUDGET. — Deadline. Not later than 6 months Eifter the date of enactment of this Act, the Director of the Office of Management and Budget shall prescribe guidance to implement the requirements of this section. Approved November 26, 2002. LEGISLATIVE HISTORY—H.R. 4878: SENATE REPORTS: No. 107-333 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 148 (2002): July 9, considered and passed House. Oct. 17, considered and passed Senate, amended. Nov. 12, House concurred in Senate amendment.
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