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United States Code (Last Updated: May 24, 2014) |
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Title 31. MONEY AND FINANCE |
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SubTitle III. FINANCIAL MANAGEMENT |
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Chapter 37. CLAIMS |
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SubChapter II. CLAIMS OF THE UNITED STATES GOVERNMENT |
§ 3711. Collection and compromise
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(a) The head of an executive, judicial, or legislative agency— (1) shall try to collect a claim of the United States Government for money or property arising out of the activities of, or referred to, the agency; (2) may compromise a claim of the Government of not more than $100,000 (excluding interest) or such higher amount as the Attorney General may from time to time prescribe that has not been referred to another executive or legislative agency for further collection action, except that only the Comptroller General may compromise a claim arising out of an exception the Comptroller General makes in the account of an accountable official; and (3) may suspend or end collection action on a claim referred to in clause (2) of this subsection when it appears that no person liable on the claim has the present or prospective ability to pay a significant amount of the claim or the cost of collecting the claim is likely to be more than the amount recovered. (b) (1) The head of an executive, judicial, or legislative agency may not act under subsection (a)(2) or (3) of this section on a claim that appears to be fraudulent, false, or misrepresented by a party with an interest in the claim, or that is based on conduct in violation of the antitrust laws. (2) The Secretary of Transportation may not compromise for less than $500 a penalty under section 21302 of title 49 for a violation of chapter 203, 205, or 207 of title 49 or a regulation or requirement prescribed or order issued under any of those chapters. (c) A compromise under this section is final and conclusive unless gotten by fraud, misrepresentation, presenting a false claim, or mutual mistake of fact. An accountable official is not liable for an amount paid or for the value of property lost or damaged if the amount or value is not recovered because of a compromise under this section. (d) The head of an executive, judicial, or legislative agency acts under— (1) regulations prescribed by the head of the agency; and (2) standards that the Attorney General, the Secretary of the Treasury, may prescribe. as the “Account”). Amounts deposited in the Account shall be available until expended to cover costs associated with the implementation and operation of Governmentwide debt collection activities. Costs properly chargeable to the Account include— (A) the costs of computer hardware and software, word processing and telecommunications equipment, and other equipment, supplies, and furniture; (B) personnel training and travel costs; (C) other personnel and administrative costs; (D) the costs of any contract for identification, billing, or collection services; and (E) reasonable costs incurred by the Secretary of the Treasury, including services and utilities provided by the Secretary, and administration of the Account. (8) Not later than January 1 of each year, there shall be deposited into the Treasury as miscellaneous receipts an amount equal to the amount of unobligated balances remaining in the Account at the close of business on September 30 of the preceding year, minus any part of such balance that the executive department or agency operating the debt collection center determines is necessary to cover or defray the costs under this subsection for the fiscal year in which the deposit is made. (9) Before discharging any delinquent debt owed to any executive, judicial, or legislative agency, the head of such agency shall take all appropriate steps to collect such debt, including (as applicable)— (A) administrative offset, (B) tax refund offset, (C) Federal salary offset, (D) referral to private collection contractors, (E) referral to agencies operating a debt collection center, (F) reporting delinquencies to credit reporting bureaus, (G) garnishing the wages of delinquent debtors, and (H) litigation or foreclosure. (10) To carry out the purposes of this subsection, the Secretary of the Treasury may prescribe such rules, regulations, and procedures as the Secretary considers necessary and transfer such funds from funds appropriated to the Department of the Treasury as may be necessary to meet existing liabilities and obligations incurred prior to the receipt of revenues that result from debt collections. (h) (1) The head of an executive, judicial, or legislative agency acting under subsection (a)(1), (2), or (3) of this section to collect a claim, compromise a claim, or terminate collection action on a claim may obtain a consumer report (as that term is defined in section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a)) or comparable credit information on any person who is liable for the claim. (2) The obtaining of a consumer report under this subsection is deemed to be a circumstance or purpose authorized or listed under section 604 of the Fair Credit Reporting Act (15 U.S.C. 1681b). (i) (1) The head of an executive, judicial, or legislative agency may sell, subject to section 504(b) of the Federal Credit Reform Act of 1990 and using competitive procedures, any nontax debt owed to the United States that is delinquent for more than 90 days. Appropriate fees charged by a contractor to assist in the conduct of a sale under this subsection may be payable from the proceeds of the sale. (2) After terminating collection action, the head of an executive, judicial, or legislative agency shall sell, using competitive procedures, any nontax debt or class of nontax debts owed to the United States, if the Secretary of the Treasury determines the sale is in the best interests of the United States. (3) Sales of nontax debt under this subsection— (A) shall be for— (i) cash, or (ii) cash and a residuary equity or profit participation, if the head of the agency reasonably determines that the proceeds will be greater than sale solely for cash, (B) shall be without recourse, but may include the use of guarantees if otherwise authorized, and (C) shall transfer to the purchaser all rights of the Government to demand payment of the nontax debt, other than with respect to a residuary equity or profit participation under subparagraph (A)(ii). (4) (A) Within one year after the date of enactment of the Debt Collection Improvement Act of 1996, each executive agency with current and delinquent collateralized nontax debts shall report to the Congress on the valuation of its existing portfolio of loans, notes and guarantees, and other collateralized debts based on standards developed by the Director of the Office of Management and Budget, in consultation with the Secretary of the Treasury. (B) The Director of the Office of Management and Budget shall determine what information is required to be reported to comply with subparagraph (A). At a minimum, for each financing account and for each liquidating account (as those terms are defined in sections 502(7) and 502(8), respectively, of the Federal Credit Reform Act of 1990) the following information shall be reported: (i) The cumulative balance of current debts outstanding, the estimated net present value of such debts, the annual administrative expenses of those debts (including the portion of salaries and expenses that are directly related thereto), and the estimated net proceeds that would be received by the Government if such debts were sold. (ii) The cumulative balance of delinquent debts, debts outstanding, the estimated net present value of such debts, the annual administrative expenses of those debts (including the portion of salaries and expenses that are directly related thereto), and the estimated net proceeds that would be received by the Government if such debts were sold. (iii) The cumulative balance of guaranteed loans outstanding, the estimated net present value of such guarantees, the annual administrative expenses of such guarantees (including the portion of salaries and expenses that are directly related to such guaranteed loans), and the estimated net proceeds that would be received by the Government if such loan guarantees were sold. (iv) The cumulative balance of defaulted loans that were previously guaranteed and have resulted in loans receivables, the estimated net present value of such loan assets, the annual administrative expenses of such loan assets (including the portion of salaries and expenses that are directly related to such loan assets), and the estimated net proceeds that would be received by the Government if such loan assets were sold. (v) The marketability of all debts. (5) This subsection is not intended to limit existing statutory authority of agencies to sell loans, debts, or other assets.
Historical And Revision
Historical and Revision Notes | ||
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1982 Act | ||
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
3711(a) | 31:952(a)(less words between 1st and 2d commas), (b)(1st sentence less words between 6th and 7th commas). | July 19, 1966, Pub. L. 89–508, § 3, 80 Stat. 309. |
3711(b) | 31:952(b)(2d sentence, last sentence words after semicolon). | |
3711(c)(1) | 31:952(b)(last sentence words before semicolon). | |
3711(c)(2) | 31:952(note). | July 8, 1976, Pub. L. 94–348, § 3(e), 90 Stat. 818. |
3711(d) | 31:952(c). | |
3711(e) | 31:952(a)(words between 1st and 2d commas), (b)(1st sentence words between 6th and 7th commas). | |
In the section, the words “executive or legislative agency” are substituted for “agency” because of the restatement. The words “or his designee” are omitted as unnecessary.
In subsection (a), the word “Government” is added for consistency. In clause (2), the words “including the General Accounting Office” are omitted as surplus. In clause (3), the word “financial” is omitted as surplus.
In subsections (b) and (d), the word “official” is substituted for “officer” for consistency.
In subsection (b), the words “Comptroller General” are substituted for “General Accounting Office” for consistency. The words “has the same authority that the head of the agency has” are substituted for “have the foregoing authority” for clarity. The words “by another agency” are omitted as surplus. The words “only . . . may compromise” are substituted for “nor shall the head of an agency, other than . . . have authority to compromise” to eliminate unnecessary words.
In subsection (c)(1), the words “that appears to be fraudulent, false, or misrepresented by” are substituted for “as to which there is an indication of fraud, the presentation of a false claim, or misrepresentation on the part of” to eliminate unnecessary words. The words “the debtor or . . . other” and “in whole or in part” are omitted as surplus.
In subsection (c)(2), the words “Notwithstanding any provision of the Federal Claims Collection Act of 1966” are omitted as unnecessary. The words “arising” and “an amount” are omitted as surplus.
In subsection (d), the words “effected . . . authority conferred by”, “on the debtor and on all officials, agencies, and courts of the United States”, “destroyed”, and “with a person primarily responsible” are omitted as surplus.
In subsection (e), the words “in conformity with” are omitted as surplus.
1983 Act | ||
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Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
3711(f)(1) | 31 App.:952(d)(1). | July 19, 1966, Pub. L. 89–508, 80 Stat. 308, § 3(d)(1)–(3); added Oct. 25, 1982, Pub. L. 97–365, § 3, 96 Stat. 1749. |
3711(f)(2) | 31 App.:952(d)(2). | |
3711(f)(3) | 31 App.:952(d)(3). | |
In subsection (f)(1), before clause (A), the word “Government” is substituted for “United States” for consistency in the revised title and with other titles of the United States Code. The words “subsection (a) of this section, or under any other” are omitted as surplus. The word “law” is substituted for “statutory authority” to eliminate unnecessary words. In clause (A), the words “for the system of records” are omitted as surplus. In clause (C)(iii), the word “intended” is omitted as surplus. In clause (E)(ii), the words “as appropriate” and “any or all” are omitted as surplus. In clause (E)(iii), the words “all laws of the United States” are coextensive with and substituted for “the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) and any other Federal law”.
This is necessary to reflect the transfer of the non-positive law provisions of title 49 to title 49 appendix.
References In Text
Sections 502(7), 502(8), and 504(b) of the Federal Credit Reform Act of 1990, referred to in subsec. (i)(1), (4)(B), are classified to sections 661a(7), 661a(8), and 661c(b), respectively, of Title 2, The Congress.
The date of enactment of the Debt Collection Improvement Act of 1996, referred to in subsec. (i)(4)(A), is the date of enactment of section 31001 of Pub. L. 104–134, which was approved
Amendments
2008—Subsec. (f)(3), (4). Pub. L. 110–389 added par. (3) and redesignated former par. (3) as (4).
2006—Subsec. (f)(2). Pub. L. 109–241 substituted “Secretary of Homeland Security” for “Secretary of Transportation”.
1996—Subsec. (a). Pub. L. 104–134, § 31001(c)(1), which directed that this section be amended by substituting “the head of an executive, judicial, or legislative agency” for “the head of an executive or legislative agency” wherever appearing, was executed in introductory provisions by substituting “The head of an executive, judicial, or legislative agency” for “The head of an executive or legislative agency”, to reflect the probable intent of Congress.
Subsec. (a)(2). Pub. L. 104–316, § 115(g)(1)(A), inserted “, except that only the Comptroller General may compromise a claim arising out of an exception the Comptroller General makes in the account of an accountable official” before “; and” at end.
Subsec. (b). Pub. L. 104–316, § 115(g)(1)(B), (C), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: “The Comptroller General has the same authority that the head of the agency has under subsection (a) of this section when the claim is referred to the Comptroller General for further collection action. Only the Comptroller General may compromise a claim arising out of an exception the Comptroller General makes in the account of an accountable official.”
Subsec. (c). Pub. L. 104–316, § 115(g)(1)(C), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b).
Subsec. (c)(1). Pub. L. 104–134, § 31001(c)(1), which directed that this section be amended by substituting “the head of an executive, judicial, or legislative agency” for “the head of an executive or legislative agency” wherever appearing, was executed by substituting “The head of an executive, judicial, or legislative agency” for “The head of an executive or legislative agency”, to reflect the probable intent of Congress.
Subsec. (d). Pub. L. 104–316, § 115(g)(1)(C), (D), redesignated subsec. (e) as (d) and in par. (2) struck out “and the Comptroller General” before “may prescribe” and “jointly” after “prescribe”. Former subsec. (d) redesignated (c).
Subsec. (e). Pub. L. 104–316, § 115(g)(1)(C), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).
Pub. L. 104–134, § 31001(c)(1), which directed that this section be amended by substituting “the head of an executive, judicial, or legislative agency” for “the head of an executive or legislative agency” wherever appearing, was executed in introductory provisions by substituting “The head of an executive, judicial, or legislative agency” for “The head of an executive or legislative agency”, to reflect the probable intent of Congress.
Subsec. (e)(2). Pub. L. 104–134, § 31001(g)(1)(C), inserted “, the Secretary of the Treasury,” after “Attorney General”.
Subsec. (f). Pub. L. 104–316, § 115(g)(1)(C), redesignated the subsec. (g), relating to authority to suspend or terminate collection actions against deceased members, as (f). Former subsec. (f) redesignated (e).
Subsec. (f)(1). Pub. L. 104–134, § 31001(c)(1), (k)(1), (2), in introductory provisions substituted “the head of an executive, judicial, or legislative agency shall” for “the head of an executive or legislative agency may” and “a person” for “an individual”.
Subsec. (f)(1)(C), (D), (F). Pub. L. 104–134, § 31001(k)(3), substituted “the person” for “the individual” wherever appearing.
Subsec. (f)(2). Pub. L. 104–134, § 31001(c)(1), (k)(2), (3), substituted “the head of an executive, judicial, or legislative agency” for “the head of an executive or legislative agency”, “a person” for “an individual”, and “the person” for “the individual”.
Subsec. (f)(3). Pub. L. 104–134, § 31001(c)(1), (k)(2), substituted “the head of an executive, judicial, or legislative agency” for “the head of an executive or legislative agency” and “a person” for “an individual”.
Subsec. (f)(4), (5). Pub. L. 104–134, § 31001(k)(4), added pars. (4) and (5).
Subsec. (g). Pub. L. 104–316, § 115(g)(1)(C), redesignated the subsec. (g), relating to authority to suspend or terminate collection actions against deceased members, as (f).
Pub. L. 104–134, § 31001(m)(1), added subsec. (g) relating to transfer of debt or claim to Secretary of the Treasury in case of delinquency.
Pub. L. 104–106 added subsec. (g) relating to authority to suspend or terminate collection actions against deceased members.
Subsec. (g)(1). Pub. L. 104–201, § 1010(1), substituted “Marine Corps, or Coast Guard during a period when the Coast Guard is operating as a service in the Navy” for “or Marine Corps”.
Subsec. (g)(2), (3). Pub. L. 104–201, § 1010(2), (3), added par. (2) and redesignated former par. (2) as (3).
Subsec. (h). Pub. L. 104–134, § 31001(m)(1), added subsec. (h).
Subsec. (i). Pub. L. 104–134, § 31001(p), added subsec. (i).
1994—Subsec. (c)(2). Pub. L. 103–272 substituted “section 21302 of title 49 for a violation of chapter 203, 205, or 207 of title 49 or a regulation or requirement prescribed or order issued under any of those chapters” for “section 6 of the Act of March 2, 1893 (45 U.S.C. 6), section 4 of the Act of April 14, 1910 (45 U.S.C. 13), section 9 of the Act of February 17, 1911 (45 U.S.C. 34), and section 25(h) of the Interstate Commerce Act (49 App. U.S.C. 26(h))”.
1992—Subsec. (c)(2). Pub. L. 102–365 substituted “$500” for “$250”.
1990—Subsec. (a)(2). Pub. L. 101–552 substituted “$100,000 (excluding interest) or such higher amount as the Attorney General may from time to time prescribe” for “$20,000 (excluding interest)”.
1986—Subsec. (f)(1). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
1984—Subsec. (c)(2). Pub. L. 98–216 substituted “(49 App. U.S.C. 26(h))” for “(49 U.S.C. 26(h))”.
1983—Subsec. (f). Pub. L. 97–452 added subsec. (f).
Savings
Pub. L. 104–134, title III, § 31001(n),
Miscellaneous
Pub. L. 104–134, title III, § 31001(aa)(1),
Pub. L. 104–134, title III, § 31001(aa)(2),
Pub. L. 104–134, title III, § 31001(bb),
Pub. L. 89–508, § 4,