SUBCHAPTER I—GENERAL
§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 (
(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
(7) "uniformed services" means the Army, Navy, Air Force, Marine Corps, Space Force, 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
(G) other amounts of money or property owed to the Government.
(2) For purposes of
(c) In
(d)
(1) the Internal Revenue Code of 1986 (
(2) the Social Security Act (
(3) the tariff laws of the United States.
(e) In
(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
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3701(1) | 31:951. | July 19, 1966, |
3701(2) | 31:240(1), (4). | Aug. 31, 1964, |
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.
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3701(a)(1) | 31 App.:954(e)(1). | July 19, 1966, |
3701(a)(2) | 31 App.:952(e)(1) (last sentence). | July 19, 1966, |
3701(a)(3) | 31 App.:952(d)(4) (A). | July 19, 1966, |
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, |
3701(c) | 31 App.:952(e)(8). | |
31 App.:954(e)(2). | ||
3701(d) | 31 App.:954(note) (related to 31 App.:952(d)–(f), 954, 955). | Oct. 25, 1982, |
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.
Editorial Notes
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,
The tariff laws of the United States, referred to in subsec. (d)(3), are classified generally to Title 19, Customs Duties.
Amendments
2021—Subsec. (a)(7).
2001—Subsec. (b)(1)(B).
1999—Subsec. (d)(2).
1996—Subsec. (a)(1).
Subsec. (a)(4).
Subsec. (a)(8).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsecs. (e), (f).
1994—Subsec. (d).
1986—Subsec. (d).
1983—
Statutory Notes and Related Subsidiaries
Effective Date of 1999 Amendment
Effective Date of 1994 Amendment
Short Title of 1996 Amendment
Short Title of 1986 Amendment
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
Purposes of 1996 Amendment
"(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
"(a) For purposes of subchapters I and II of
"(b) Regulations prescribed by the Secretary of the Senate pursuant to
1 So in original. The semicolon probably should be a comma.
§3702. Authority to settle claims
(a) Except as provided in this chapter or another law, all claims of or against the United States Government shall be settled as follows:
(1) The Secretary of Defense shall settle—
(A) claims involving uniformed service members' pay, allowances, travel, transportation, payments for unused accrued leave, retired pay, and survivor benefits; and
(B) claims by transportation carriers involving amounts collected from them for loss or damage incurred to property incident to shipment at Government expense.
(2) The Director of the Office of Personnel Management shall settle claims involving Federal civilian employees' compensation and leave.
(3) The Administrator of General Services shall settle claims involving expenses incurred by Federal civilian employees for official travel and transportation, and for relocation expenses incident to transfers of official duty station.
(4) The Director of the Office of Management and Budget shall settle claims not otherwise provided for by this subsection or another provision of law.
(b)(1) A claim against the Government presented under this section must contain the signature and address of the claimant or an authorized representative. The claim must be received by the official responsible under subsection (a) for settling the claim or by the agency that conducts the activity from which the claim arises within 6 years after the claim accrues except—
(A) as provided in this chapter or another law; or
(B) a claim of a State, the District of Columbia, or a territory or possession of the United States.
(2) When the claim of a member of the armed forces accrues during war or within 5 years before war begins, the claim must be received within 5 years after peace is established or within the period provided in paragraph (1) of this subsection, whichever is later.
(3) A claim that is not received in the time required under this subsection shall be returned with a copy of this subsection, and no further communication is required.
(c)
(2) Nothing in this subsection affects the underlying obligation of the United States, or any agency thereof, for which a Treasury check was issued.
(d) The official responsible under subsection (a) for settling the claim shall report to Congress on a claim against the Government that is timely presented under this section that may not be adjusted by using an existing appropriation, and that the official believes Congress should consider for legal or equitable reasons. The report shall include recommendations of the official.
(e)(1) The Secretary of Defense may waive the time limitations set forth in subsection (b) or (c) in the case of a claim referred to in subsection (a)(1)(A). In the case of a claim by or with respect to a member of the uniformed services who is not under the jurisdiction of the Secretary of a military department, such a waiver may be made only upon the request of the Secretary concerned (as defined in
(2) Payment of a claim settled under subsection (a)(1)(A) shall be made from an appropriation that is available, for the fiscal year in which the payment is made, for the same purpose as the appropriation to which the obligation claimed would have been charged if the obligation had been timely paid, except that in the case of a claim for retired pay or survivor benefits, if the obligation claimed would have been paid from a trust fund if timely paid, the payment of the claim shall be made from that trust fund.
(3) This subsection does not apply to a claim in excess of $25,000.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3702(a) | 31:44(1st sentence). | June 10, 1921, ch. 18, §304(1st par. 1st sentence), |
31:71(related to claims). | R.S. §236(related to claims); June 10, 1921, ch. 18, §305, |
|
31:86. | July 31, 1894, ch. 174, §14, |
|
3702(b)(1) | 31:71a(1)(less proviso). | Oct. 9, 1940, ch. 788, |
31:237(1)(less proviso). | ||
3702(b)(2) | 31:71a(1)(proviso). | |
31:237(1)(proviso). | ||
3702(b)(3) | 31:71a(2). | |
31:237(2). | ||
3702(c) | 31:122. | June 22, 1926, ch. 650, §2, |
3702(d) | 31:236. | Apr. 10, 1928, ch. 334, |
In the section, the words "Comptroller General" are substituted for "General Accounting Office" for consistency.
In subsection (a), the words "Except as provided in this chapter or another law" are added for clarity. The words "and demands whatever" and "and adjusted" are omitted as surplus. The words "officers or employees of the General Accounting Office" are substituted for "of his subordinates" for clarity and consistency in the revised title and with other titles of the United States Code.
In subsection (b)(1), before clause (A), the words "or demand" are omitted as surplus. The word "Government" is substituted for "United States" for consistency in the revised title and with other titles of the Code. The word "representative" is substituted for "agent or attorney" to eliminate unnecessary words. The words "received by the Comptroller General" are substituted for "received in said office" for clarity and consistency. The words "the date" are omitted as surplus. Clause (A) is added for clarity. In clause (B), the words "cognizable by the General Accounting Office under
In subsection (b)(2), the words "member of the armed forces" are substituted for "person serving in the military or naval forces of the United States" for consistency with title 10. The words "to the Comptroller General" are added for clarity.
In subsection (b)(3), the words "to the claimant" are omitted as surplus. The words "not received in the time required" are substituted for "barred by" because of the restatement. The words "no further communication is required" are substituted for "such action shall be a complete response without further communication" to eliminate unnecessary words.
In subsection (c), the text of 31:122(1st sentence words before 2d comma and last sentence) is omitted as executed. The words "Secretary of the Treasury" are substituted for "Treasury Department" for consistency. The word "Secretary" is substituted for "Treasurer of the United States" because of Department of the Treasury Order 229 of January 14, 1974 (39 F.R. 2280).
In subsection (d), the words "report . . . on" are substituted for "submit the same . . . by a special report . . . the material facts" to eliminate unnecessary words. The words "or demand" are omitted as surplus. The word "Government" is substituted for "United States", and the words "presented under this section" are substituted for "filed in the General Accounting Office" for consistency. The words "lawfully", "the use of", and "thereon" are omitted as surplus.
1983 Act
This amends 31:3702(b)(2) by inserting a word inadvertently omitted in the codification of title 31.
Editorial Notes
References in Text
The effective date of this subsection, referred to in subsec. (c)(1), probably means the effective date of subsec. (c) of this section as amended by section 1004(b) of
Amendments
2006—Subsec. (e)(1).
2002—Subsec. (e)(1).
Subsec. (e)(2).
2000—Subsec. (a)(1)(A).
Subsec. (e)(1).
1997—Subsec. (e)(1).
Subsec. (e)(2).
1996—
Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (d).
Subsec. (e).
1987—Subsec. (c).
1983—Subsec. (b)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
Effective Date of 2002 Amendment
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1983 Amendment
Amendment effective Sept. 13, 1982, see section 2(i) of
Regulations
For provision permitting Secretary of the Treasury to prescribe rules, regulations, and procedures as necessary to implement amendment by section 1004(b) of