1
 So in original. Probably should be “Attorney General and the Secretary of the Treasury may prescribe jointly.”
2
 So in original.
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—

Historical and Revision Notes

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

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”.

1984 Act

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 Apr. 26, 1996.

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 Provision

Pub. L. 104–134, title III, § 31001(n), Apr. 26, 1996, 110 Stat. 1321–369, provided that: “Effective October 1, 1995, section 11 of the Administrative Dispute Resolution Act (Public Law 101–552, [former] 5 U.S.C. 571 note) shall not apply to the amendment made by section 8(b) of such Act [amending this section].”

Guidelines

Pub. L. 104–134, title III, § 31001(aa)(1), Apr. 26, 1996, 110 Stat. 1321–379, provided that: “The Secretary of the Treasury, in consultation with concerned Federal agencies, may establish guidelines, including information on outstanding debt, to assist agencies in the performance and monitoring of debt collection activities.”

Report

Pub. L. 104–134, title III, § 31001(aa)(2), Apr. 26, 1996, 110 Stat. 1321–379, required the Secretary of the Treasury, not later than 3 years after Apr. 26, 1996, to report to Congress on collection services provided by Federal agencies or entities collecting debt on behalf of other Federal agencies under the authorities contained in subsec. (g) of this section.

Standards and Policies for Compromising, Writing-Down, Forgiving, or Discharging Indebtedness

Pub. L. 104–134, title III, § 31001(bb), Apr. 26, 1996, 110 Stat. 1321–380, provided that: “The Director of the Office of Management and Budget shall—

“(1)
review the standards and policies of each Federal agency for compromising, writing-down, forgiving, or discharging indebtedness arising from programs of the agency;
“(2)
determine whether those standards and policies are consistent and protect the interests of the United States;
“(3)
in the case of any Federal agency standard or policy that the Director determines is not consistent or does not protect the interests of the United States, direct the head of the agency to make appropriate modifications to the standard or policy; and
“(4)
report annually to the Congress on—
“(A)
deficiencies in the standards and policies of Federal agencies for compromising, writing-down, forgiving, or discharging indebtedness; and
“(B)
progress made in improving those standards and policies.”

Existing Agency Authority To Litigate, Settle, Compromise, or Close Claims

Pub. L. 89–508, § 4, July 19, 1966, 80 Stat. 309, provided that: “Nothing in this Act [now this section] shall increase or diminish the existing authority of the head of an agency to litigate claims, or diminish his existing authority to settle, compromise, or close claims.”