§ 3701. — Definitions and application.
Code Resources
Search this Code
in Google Scholar
on the Web
Google Web Search
MSN Web Search
Yahoo! Web Search
in the News
Google News Search
Google News Archive Search
Yahoo! News Search
in the Blogs
BlawgSearch.com Search
Google Blog Search
Technorati Blog Search
in other Databases
Google Book Search
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 31USC3701]
TITLE 31--MONEY AND FINANCE
SUBTITLE III--FINANCIAL MANAGEMENT
CHAPTER 37--CLAIMS
SUBCHAPTER I--GENERAL
Sec. 3701. Definitions and application
(a) In this chapter--
(1) ``administrative offset'' means withholding funds payable by
the United States (including funds payable by the United States on
behalf of a State government) to, or held by the United States for,
a person to satisfy a claim.
(2) ``calendar quarter'' means a 3-month period beginning on
January 1, April 1, July 1, or October 1.
(3) ``consumer reporting agency'' means--
(A) a consumer reporting agency as that term is defined in
section 603(f) of the Fair Credit Reporting Act (15 U.S.C.
1681a(f)); or
(B) a person that, for money or on a cooperative basis,
regularly--
(i) gets information on consumers to give the
information to a consumer reporting agency; or
(ii) serves as a marketing agent under an arrangement
allowing a third party to get the information from a
consumer reporting agency.
(4) ``executive, judicial, or legislative agency'' means a
department, agency, court, court administrative office, or
instrumentality in the executive, judicial, or legislative branch of
Government, including government corporations.
(5) ``military department'' means the Departments of the Army,
Navy, and Air Force.
(6) ``system of records'' has the same meaning given that term
in section 552a(a)(5) of title 5.
(7) ``uniformed services'' means the Army, Navy, Air Force,
Marine Corps, Coast Guard, Commissioned Corps of the National
Oceanic and Atmospheric Administration, and Commissioned Corps of
the Public Health Service.
(8) ``nontax'' means, with respect to any debt or claim, any
debt or claim other than a debt or claim under the Internal Revenue
Code of 1986.
(b)(1) In subchapter II of this chapter and subsection (a)(8) of
this section, the term ``claim'' or ``debt'' means any amount of funds
or property that has been determined by an appropriate official of the
Federal Government to be owed to the United States by a person,
organization, or entity other than another Federal agency. A claim
includes, without limitation--
(A) funds owed on account of loans made, insured, or guaranteed
by the Government, including any deficiency or any difference
between the price obtained by the Government in the sale of a
property and the amount owed to the Government on a mortgage on the
property,
(B) expenditures of nonappropriated funds, including actual and
administrative costs related to shoplifting, theft detection, and
theft prevention,
(C) over-payments, including payments disallowed by audits
performed by the Inspector General of the agency administering the
program,
(D) any amount the United States is authorized by statute to
collect for the benefit of any person,
(E) the unpaid share of any non-Federal partner in a program
involving a Federal payment and a matching, or cost-sharing, payment
by the non-Federal partner,
(F) any fines or penalties assessed by an agency; \1\ and
---------------------------------------------------------------------------
\1\ So in original. The semicolon probably should be a comma.
---------------------------------------------------------------------------
(G) other amounts of money or property owed to the Government.
(2) For purposes of section 3716 of this title, each of the terms
``claim'' and ``debt'' includes an amount of funds or property owed by a
person to a State (including any past-due support being enforced by the
State), the District of Columbia, American Samoa, Guam, the United
States Virgin Islands, the Commonwealth of the Northern Mariana Islands,
or the Commonwealth of Puerto Rico.
(c) In sections 3716 and 3717 of this title, the term ``person''
does not include an agency of the United States Government.
(d) Sections 3711(e) and 3716-3719 of this title do not apply to a
claim or debt under, or to an amount payable under--
(1) the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.),
(2) the Social Security Act (42 U.S.C. 301 et seq.), except to
the extent provided under sections 204(f) and 1631(b)(4) of such Act
and section 3716(c) of this title, or
(3) the tariff laws of the United States.
(e) In section 3716 of this title--
(1) ``creditor agency'' means any agency owed a claim that seeks
to collect that claim through administrative offset; and
(2) ``payment certifying agency'' means any agency that has
transmitted a voucher to a disbursing official for disbursement.
(f) In section 3711 of this title, ``private collection contractor''
means private debt collectors under contract with an agency to collect a
nontax debt or claim owed the United States. The term includes private
debt collectors, collection agencies, and commercial attorneys.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 970; Pub. L. 97-452,
Sec. 1(13)(A), Jan. 12, 1983, 96 Stat. 2469; Pub. L. 99-514, Sec. 2,
Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103-387, Sec. 5(b), Oct. 22,
1994, 108 Stat. 4077; Pub. L. 104-134, title III, Sec. 31001(c)(2),
(d)(1), (3), (z)(1), Apr. 26, 1996, 110 Stat. 1321-359, 1321-361, 1321-
378; Pub. L. 104-316, title I, Sec. 115(g)(2)(A), Oct. 19, 1996, 110
Stat. 3835; Pub. L. 106-169, title II, Sec. 203(b), Dec. 14, 1999, 113
Stat. 1832; Pub. L. 107-107, div. A, title III, Sec. 335, Dec. 28, 2001,
115 Stat. 1060.)
Historical and Revision Notes
1982 Act
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
3701(1).............................. 31:951. July 19, 1966, Pub. L. 89-508, Sec. 2,
80 Stat. 308.
3701(2).............................. 31:240(1), (4). Aug. 31, 1964, Pub. L. 88-558, Sec.
2(1), (2), (4), 78 Stat. 767; restated
Sept. 15, 1965, Pub. L. 89-185, Sec.
3(a), 79 Stat. 789.
3701(3).............................. 31:240(2).
----------------------------------------------------------------------------------------------------------------
Clause (1) is substituted for 31:951(a) for consistency. The text of
31:951(b) is omitted as unnecessary because of laws vesting authority in
the commission, board, or other group of individuals and for consistency
in the revised title and with other titles of the United States Code.
In clause (2), the text of 31:240(1) is omitted as unnecessary
because of the restatement.
1983 Act
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
3701(a)(1)........................... 31 App.:954(e)(1). July 19, 1966, Pub. L. 89-508, 80 Stat.
308, Sec. 5(e); added Oct. 25, 1982,
Pub. L. 97-365, Sec. 10(2), 96 Stat.
1755.
3701(a)(2)........................... 31 App.:952(e)(1) (last July 19, 1966, Pub. L. 89-508, 80 Stat.
sentence). 308, Sec. 3(e)(1)(last sentence), (8);
added Oct. 25, 1982, Pub. L. 97-365,
Sec. 11, 96 Stat. 1755, 1756.
3701(a)(3)........................... 31 App.:952(d)(4) (A). July 19, 1966, Pub. L. 89-508, 80 Stat.
308, Sec. 3(d)(4); added Oct. 25, 1982,
Pub. L. 97-365, Sec. 3, 96 Stat. 1750.
3701(a)(4), (5)...................... 31:3701(1), (2).
3701(a)(6)........................... 31 App.:952(d)(4) (B), (C).
3701(a)(7)........................... 31:3701(3).
3701(b).............................. 31 App.:952(g). July 19, 1966, Pub. L. 89-508, 80 Stat.
308, Sec. 3(g); added Oct. 25, 1982,
Pub. L. 97-365, Sec. 13(b), 96 Stat.
1758.
3701(c).............................. 31 App.:952(e)(8).
31 App.:954(e)(2).
3701(d).............................. 31 App.:954(note) (related to Oct. 25, 1982, Pub. L. 97-365, Sec.
31 App.:952(d)-(f), 954, 8(e)(related to Secs. 3, 10(2)-12,
955). 13(b)), 96 Stat. 1754.
----------------------------------------------------------------------------------------------------------------
In subsections (a)(1), (b), and (c), the word ``Government'' is
added for consistency in the revised title and with other titles of the
United States Code.
In subsection (a)(3)(B), before clause (i), the word ``money'' is
substituted for ``monetary fees, dues'' to eliminate unnecessary words.
The words ``engages in whole or in part in the practice of'' are omitted
as surplus. In clause (i), the words ``credit or other'' and ``(as
defined in clause (i) of this subparagraph)'' are omitted as surplus.
In subsection (a)(6), 31 App.:952(d)(4)(C) is omitted as
unnecessary.
In subsection (b), the words ``all . . . from fees, duties, leases,
rents, royalties, services, sales of real or personal property,
overpayments, fines, penalties, damages, interest, taxes, forfeitures,
and other sources'' are omitted as surplus.
In subsection (c), the words ``unit of general'' are added for
consistency in the revised title.
In subsection (d), the word ``arising'' is omitted as surplus.
References in Text
The Internal Revenue Code of 1986, referred to in subsecs. (a)(8)
and (d)(1), is classified to Title 26, Internal Revenue Code.
The Social Security Act, referred to in subsec. (d)(2), is act Aug.
14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified
generally to chapter 7 (Sec. 301 et seq.) of Title 42, The Public Health
and Welfare. Sections 204(f) and 1631(b)(4) of the Act are classified to
sections 404(f) and 1383(b)(4), respectively, of Title 42. For complete
classification of this Act to the Code, see section 1305 of Title 42 and
Tables.
The tariff laws of the United States, referred to in subsec. (d)(3),
are classified generally to Title 19, Customs Duties.
Amendments
2001--Subsec. (b)(1)(B). Pub. L. 107-107 inserted ``, including
actual and administrative costs related to shoplifting, theft detection,
and theft prevention'' before comma at end.
1999--Subsec. (d)(2). Pub. L. 106-169 substituted ``sections 204(f)
and 1631(b)(4)'' for ``section 204(f)''.
1996--Subsec. (a)(1). Pub. L. 104-134, Sec. 31001(z)(1)(A), amended
par. (1) generally. Prior to amendment, par. (1) read as follows: ``
`administrative offset' means withholding money payable by the United
States Government to, or held by the Government for, a person to satisfy
a debt the person owes the Government.''
Subsec. (a)(4). Pub. L. 104-134, Sec. 31001(c)(2), amended par. (4)
generally. Prior to amendment, par. (4) read as follows: `` `executive
or legislative agency' means a department, agency, or instrumentality in
the executive or legislative branch of the Government.''
Subsec. (a)(8). Pub. L. 104-134, Sec. 31001(d)(3), added par. (8).
Subsec. (b). Pub. L. 104-134, Sec. 31001(z)(1)(B), amended subsec.
(b) generally. Prior to amendment, subsec. (b) read as follows: ``In
subchapter II of this chapter, `claim' includes amounts owing on account
of loans insured or guaranteed by the Government and other amounts due
the Government.''
Subsec. (c). Pub. L. 104-134, Sec. 31001(d)(1), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: ``In
sections 3716 and 3717 of this title, `person' does not include an
agency of the United States Government, of a State government, or of a
unit of general local government.''
Subsec. (d). Pub. L. 104-316 substituted ``Sections 3711(e)'' for
``Sections 3711(f)'' in introductory provisions.
Pub. L. 104-134, Sec. 31001(z)(1)(D), amended subsec. (d) generally.
Prior to amendment, subsec. (d) read as follows: ``Sections 3711(f) and
3716-3719 of this title do not apply to a claim or debt under, or to an
amount payable under, the Internal Revenue Code of 1986 (26 U.S.C. 1 et
seq.), the Social Security Act (42 U.S.C. 301 et seq.), except to the
extent provided under section 204(f) of such Act (42 U.S.C. 404(f)),, or
the tariff laws of the United States.''
Subsecs. (e), (f). Pub. L. 104-134, Sec. 31001(z)(1)(C), added
subsecs. (e) and (f).
1994--Subsec. (d). Pub. L. 103-387 inserted ``, except to the extent
provided under section 204(f) of such Act (42 U.S.C. 404(f)),'' after
``the Social Security Act (42 U.S.C. 301 et seq.)''.
1986--Subsec. (d). Pub. L. 99-514 substituted ``Internal Revenue
Code of 1986'' for ``Internal Revenue Code of 1954''.
1983--Pub. L. 97-452 designated existing provisions as subsec. (a),
added pars. (1), (2), and (3), redesignated former par. (1) as (4) and
substituted ``Government'' for ``United States Government'',
redesignated former par. (2) as (5), added par. (6), redesignated former
par. (3) as (7) and struck out ``the'' before ``Commissioned Corps'' in
two places, and added subsecs. (b) to (d).
Effective Date of 1999 Amendment
Pub. L. 106-169, title II, Sec. 203(d), Dec. 14, 1999, 113 Stat.
1832, provided that: ``The amendments made by this section [amending
this section and sections 404 and 1383 of Title 42, The Public Health
and Welfare] shall apply to debt outstanding on or after the date of the
enactment of this Act [Dec. 14, 1999].''
Effective Date of 1994 Amendment
Section 5(c) of Pub. L. 103-387, as amended by Pub. L. 104-134,
title III, Sec. 31001(z)(2)(B), Apr. 26, 1996, 110 Stat. 1321-379,
provided that: ``The amendments made by this section [amending this
section and section 404 of Title 42, The Public Health and Welfare]
shall apply to collection activities begun on or after the date of the
enactment of this Act [Oct. 22, 1994].''
Short Title of 1996 Amendment
Section 31001(a)(1) of Pub. L. 104-134 provided that: ``This section
[enacting sections 3720B to 3720E of this title, amending this section,
sections 3322, 3325, 3331, 3332, 3343, 3711, 3712, 3716 to 3719, 3720A,
and 7701 of this title, section 5514 of Title 5, Government Organization
and Employees, sections 6050P, 6103, and 6402 of Title 26, Internal
Revenue Code, and sections 404 and 664 of Title 42, The Public Health
and Welfare, enacting provisions set out as notes under this section,
sections 3322, 3711, 3716, and 3719 of this title, and section 2461 of
Title 28, Judiciary and Judicial Procedure, amending provisions set out
as notes under this section and section 2461 of Title 28, and repealing
provisions set out as notes under section 3718 of this title] may be
cited as the `Debt Collection Improvement Act of 1996'.''
Short Title of 1986 Amendment
Pub. L. 99-562, Sec. 1, Oct. 27, 1986, 100 Stat. 3153, provided
that: ``This Act [enacting sections 3732 and 3733 of this title and
amending sections 3729 to 3731 of this title and section 287 of Title
18, Crimes and Criminal Procedure] may be cited as the `False Claims
Amendments Act of 1986'.''
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Purposes of 1996 Amendment
Section 31001(b) of Pub. L. 104-134 provided that: ``The purposes of
this section [see Short Title of 1996 Amendment note above] are the
following:
``(1) To maximize collections of delinquent debts owed to the
Government by ensuring quick action to enforce recovery of debts and
the use of all appropriate collection tools.
``(2) To minimize the costs of debt collection by consolidating
related functions and activities and utilizing interagency teams.
``(3) To reduce losses arising from debt management activities
by requiring proper screening of potential borrowers, aggressive
monitoring of all accounts, and sharing of information within and
among Federal agencies.
``(4) To ensure that the public is fully informed of the Federal
Government's debt collection policies and that debtors are cognizant
of their financial obligations to repay amounts owed to the Federal
Government.
``(5) To ensure that debtors have all appropriate due process
rights, including the ability to verify, challenge, and compromise
claims, and access to administrative appeals procedures which are
both reasonable and protect the interests of the United States.
``(6) To encourage agencies, when appropriate, to sell
delinquent debt, particularly debts with underlying collateral.
``(7) To rely on the experience and expertise of private sector
professionals to provide debt collection services to Federal
agencies.''
United States Senate as Legislative Agency; Regulations Promulgated by
Secretary of Senate
Pub. L. 101-163, title I, Sec. 11, Nov. 21, 1989, 103 Stat. 1046,
provided that:
``(a) For purposes of subchapters I and II of chapter 37 of title
31, United States Code (relating to claims of or against the United
States Government), the United States Senate shall be considered to be a
legislative agency (as defined in section 3701(a)(4) of such title), and
the Secretary of the Senate shall be deemed to be the head of such
legislative agency.
``(b) Regulations prescribed by the Secretary of the Senate pursuant
to section 3716 of title 31, United States Code, shall not become
effective until they are approved by the Senate Committee on Rules and
Administration.''
Section Referred to in Other Sections
This section is referred to in title 26 section 6050P.