[107th Congress Public Law 300]
[From the U.S. Government Printing Office]
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[DOCID: f:publ300.107]
[[Page 116 STAT. 2350]]
Public Law 107-300
107th Congress
An Act
To provide for estimates and reports of improper payments by Federal
agencies. <<NOTE: Nov. 26, 2002 - [H.R. 4878]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Improper Payments
Information Act of 2002.>> assembled,
SECTION 1. <<NOTE: 31 USC 3321 note.>> SHORT TITLE.
This Act may be cited as the ``Improper Payments Information Act of
2002''.
SEC. 2. <<NOTE: 31 USC 3321 note.>> ESTIMATES OF IMPROPER PAYMENTS AND
REPORTS ON ACTIONS TO REDUCE THEM.
(a) Identification of Susceptible Programs and Activities.--The head
of each agency shall, in accordance with guidance prescribed by the
Director of the Office of Management and Budget, annually review all
programs and activities that it administers and identify all such
programs and activities that may be susceptible to significant improper
payments.
(b) Estimation of Improper Payment.--With respect to each program
and activity identified under subsection (a), the head of the agency
concerned shall--
(1) estimate the annual amount of improper payments; and
(2) <<NOTE: Deadline.>> submit those estimates to Congress
before March 31 of the following applicable year, with all
agencies using the same method of reporting, as determined by
the Director of the Office of Management and Budget.
(c) Reports on Actions To Reduce Improper Payments.--With respect to
any program or activity of an agency with estimated improper payments
under subsection (b) that exceed $10,000,000, the head of the agency
shall provide with the estimate under subsection (b) a report on what
actions the agency is taking to reduce the improper payments,
including--
(1) a discussion of the causes of the improper payments
identified, actions taken to correct those causes, and results
of the actions taken to address those causes;
(2) a statement of whether the agency has the information
systems and other infrastructure it needs in order to reduce
improper payments to minimal cost-effective levels;
(3) if the agency does not have such systems and
infrastructure, a description of the resources the agency has
requested in its budget submission to obtain the necessary
information systems and infrastructure; and
(4) a description of the steps the agency has taken to
ensure that agency managers (including the agency head) are held
accountable for reducing improper payments.
[[Page 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
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 service, any duplicate
payment, 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 <<NOTE: Deadline.>> by the Office of Management and
Budget.--Not later than 6 months after 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:
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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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