US Codex
U.S.C.
Notes

§3701. Definitions and application — Inbound Citations

31 U.S.C. § 3701

Cited by 622 provisions in release 119-102.

Citations to §3701(a)(1)

Citations to §3701(a)(2)

  • 31 U.S.C. § 3329(b)(1)
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    (1) If a check or warrant is prohibited from being sent to a foreign country under subsection (a) of this section, the drawer shall hold the check or warrant until the end of the calendar quarter after the date of the check or warrant.
  • 31 U.S.C. § 3329(b)(2)
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    (2) The Secretary may release the check or warrant for delivery during the calendar quarter after the date of the check or warrant if the Secretary decides that conditions have changed to ensure reasonably that the payee—
    (A) will receive the check or warrant; and
    (B) will be able to negotiate it for full value.
  • 31 U.S.C. § 3329(b)(3)
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    (3) Unless the Secretary otherwise directs, the drawer shall send at the end of the calendar quarter after the date of the check or warrant the—
    (A) withheld check or warrant to the drawee; and
    (B) report to the Secretary on—
    (i) the name and address of the payee;
    (ii) the date, number, and amount of the check or warrant; and
    (iii) the account on which the check or warrant was drawn.
  • 31 U.S.C. § 3717(a)(1)
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    (1) The head of an executive, judicial, or legislative agency shall charge a minimum annual rate of interest on an outstanding debt on a United States Government claim owed by a person that is equal to the average investment rate for the Treasury tax and loan accounts for the 12-month period ending on September 30 of each year, rounded to the nearest whole percentage point. The Secretary of the Treasury shall publish the rate before November 1 of that year. The rate is effective on the first day of the next calendar quarter.
  • 31 U.S.C. § 3717(a)(2)
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    (2) The Secretary may change the rate of interest for a calendar quarter if the average investment rate for the 12-month period ending at the close of the prior calendar quarter, rounded to the nearest whole percentage point, is more or less than the existing published rate by 2 percentage points.

Citations to §3701(a)(3)

Citations to §3701(a)(4)

Citations to §3701(a)(5)

Citations to §3701(a)(7)

  • 31 U.S.C. § 3702(e)(1)
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    (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 section 101 of title 37).
  • 31 U.S.C. § 3721(b)(1)
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    (1) The head of an agency may settle and pay not more than $40,000 for a claim against the Government made by a member of the uniformed services under the jurisdiction of the agency or by an officer or employee of the agency for damage to, or loss of, personal property incident to service. If, however, the claim arose from an emergency evacuation or from extraordinary circumstances, the amount settled and paid under the authority of the preceding sentence may exceed $40,000, but may not exceed $100,000. A claim allowed under this subsection may be paid in money or the personal property replaced in kind.

Citations to §3701(a)(8)

  • 31 U.S.C. § 3711(g)(1)
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    (1) If a nontax debt or claim owed to the United States has been delinquent for a period of 180 days—
    (A) the head of the executive, judicial, or legislative agency that administers the program that gave rise to the debt or claim shall transfer the debt or claim to the Secretary of the Treasury; and
    (B) upon such transfer the Secretary of the Treasury shall take appropriate action to collect or terminate collection actions on the debt or claim.
  • 31 U.S.C. § 3711(g)(4)
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    (4) At the discretion of the Secretary of the Treasury, referral of a nontax claim may be made to—
    (A) any executive department or agency operating a debt collection center for servicing, collection, compromise, or suspension or termination of collection action;
    (B) a private collection contractor operating under a contract for servicing or collection action; or
    (C) the Department of Justice for litigation.
  • 31 U.S.C. § 3711(g)(5)
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    (5) Nontax claims referred or transferred under this section shall be serviced, collected, or compromised, or collection action thereon suspended or terminated, in accordance with otherwise applicable statutory requirements and authorities. Executive departments and agencies operating debt collection centers may enter into agreements with the Secretary of the Treasury to carry out the purposes of this subsection. The Secretary of the Treasury shall—
    (A) maintain competition in carrying out this subsection;
    (B) maximize collections of delinquent debts by placing delinquent debts quickly;
    (C) maintain a schedule of private collection contractors and debt collection centers eligible for referral of claims; and
    (D) refer delinquent debts to the person most appropriate to collect the type or amount of claim involved.
  • 31 U.S.C. § 3711(g)(6)
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    (6) Any agency operating a debt collection center to which nontax claims are referred or transferred under this subsection may charge a fee sufficient to cover the full cost of implementing this subsection. The agency transferring or referring the nontax claim shall be charged the fee, and the agency charging the fee shall collect such fee by retaining the amount of the fee from amounts collected pursuant to this subsection. Agencies may agree to pay through a different method, or to fund an activity from another account or from revenue received from the procedure described under section 3720C of this title. Amounts charged under this subsection concerning delinquent claims may be considered as costs pursuant to section 3717(e) of this title.
  • 31 U.S.C. § 3711(i)(1)
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    (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.
  • 31 U.S.C. § 3711(i)(2)
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    (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.
  • 31 U.S.C. § 3711(i)(3)
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    (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).
  • 31 U.S.C. § 3711(i)(3)(C)
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    (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).
  • 31 U.S.C. § 3711(i)(4)(A)
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    (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.
  • 31 U.S.C. § 3716(c)(6)(A)
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    (A) Any Federal agency that is owed by a person a past due, legally enforceable nontax debt that is over 120 days delinquent, including nontax debt administered by a third party acting as an agent for the Federal Government, shall notify the Secretary of the Treasury of all such nontax debts for purposes of administrative offset under this subsection.
  • 31 U.S.C. § 3719(a)
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    (a) In consultation with the Comptroller General of the United States, the Secretary of the Treasury shall prescribe regulations requiring the head of each agency with outstanding nontax claims to prepare and submit to the Secretary at least once each year a report summarizing the status of loans and accounts receivable that are managed by the head of the agency. The report shall contain—
    (1) information on—
    (A) the total amount of loans and accounts receivable owed the agency and when amounts owed the agency are due to be repaid;
    (B) the total amount of receivables and number of claims at least 30 days past due;
    (C) the total amount written off as actually uncollectible and the total amount allowed for uncollectible loans and accounts receivable;
    (D) the rate of interest charged for overdue debts and the amount of interest charged and collected on debts;
    (E) the total number of claims and the total amount collected; and
    (F) the number and total amount of claims referred to the Attorney General for settlement and the number and total amount of claims the Attorney General settles;
    (2) the information described in clause (1) of this subsection for each program or activity the head of the agency carries out; and
    (3) other information the Secretary considers necessary to decide whether the head of the agency is acting aggressively to collect the claims of the agency.
  • 31 U.S.C. § 3720A(h)(1)(A)
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    (A) the occurrence of an offset to satisfy a past-due legally enforceable nontax debt;
  • 31 U.S.C. § 3720C(b)(3)(A)
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    (A) 5 percent of the amount of delinquent nontax debt collected by the agency in the previous fiscal year, or
  • 31 U.S.C. § 3720C(b)(3)(B)
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    (B) 5 percent of the average annual amount of delinquent nontax debt collected by the agency in the previous 4 fiscal years.
  • 31 U.S.C. § 3720D(a)
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    (a) Notwithstanding any provision of State law, the head of an executive, judicial, or legislative agency that administers a program that gives rise to a delinquent nontax debt owed to the United States by an individual may in accordance with this section garnish the disposable pay of the individual to collect the amount owed, if the individual is not currently making required repayment in accordance with any agreement between the agency head and the individual.
  • 31 U.S.C. § 3720E(a)
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    (a) The head of any agency may, with the review of the Secretary of the Treasury, for the purpose of collecting any delinquent nontax debt owed by any person, publish or otherwise publicly disseminate information regarding the identity of the person and the existence of the nontax debt.
  • 31 U.S.C. § 3720E(b)(2)(A)
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    (A) standards for disseminating information that maximize collections of delinquent nontax debts, by directing actions under this section toward delinquent debtors that have assets or income sufficient to pay their delinquent nontax debt;
  • 31 U.S.C. § 3720E(b)(2)(B)
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    (B) procedures and requirements that prevent dissemination of information under this section regarding persons who have not had an opportunity to verify, contest, and compromise their nontax debt in accordance with this subchapter; and

Citations to §3701(b)(1)

  • 31 U.S.C. § 3101A(a)(1)(A)
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    (A) If, not later than December 31, 2011, the President submits a written certification to Congress that the President has determined that the debt subject to limit is within $100,000,000,000 of the limit in section 3101(b) and that further borrowing is required to meet existing commitments, the Secretary of the Treasury may exercise authority to borrow an additional $900,000,000,000, subject to the enactment of a joint resolution of disapproval enacted pursuant to this section. Upon submission of such certification, the limit on debt provided in section 3101(b) (referred to in this section as the “debt limit”) is increased by $400,000,000,000.
  • 31 U.S.C. § 3101A(a)(1)(B)
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    (B) Congress may consider a joint resolution of disapproval of the authority under subparagraph (A) as provided in subsections (b) through (f). The joint resolution of disapproval considered under this section shall contain only the language provided in subsection (b)(2). If the time for disapproval has lapsed without enactment of a joint resolution of disapproval under this section, the debt limit is increased by an additional $500,000,000,000.
  • 31 U.S.C. § 3101A(a)(2)(A)
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    (A) If, after the debt limit is increased by $900,000,000,000 under paragraph (1), the President submits a written certification to Congress that the President has determined that the debt subject to limit is within $100,000,000,000 of the limit in section 3101(b) and that further borrowing is required to meet existing commitments, the Secretary of the Treasury may, subject to the enactment of a joint resolution of disapproval enacted pursuant to this section, exercise authority to borrow an additional amount equal to—
    (i) $1,200,000,000,000, unless clause (ii) or (iii) applies;
    (ii) $1,500,000,000,000 if the Archivist of the United States has submitted to the States for their ratification a proposed amendment to the Constitution of the United States pursuant to a joint resolution entitled “Joint resolution proposing a balanced budget amendment to the Constitution of the United States”; or
    (iii) if a joint committee bill to achieve an amount greater than $1,200,000,000,000 in deficit reduction as provided in section 401(b)(3)(B)(i)(II) of the Budget Control Act of 2011 is enacted, an amount equal to the amount of that deficit reduction, but not greater than $1,500,000,000,000, unless clause (ii) applies.
  • 31 U.S.C. § 3101A(a)(2)(B)
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    (B) Congress may consider a joint resolution of disapproval of the authority under subparagraph (A) as provided in subsections (b) through (f). The joint resolution of disapproval considered under this section shall contain only the language provided in subsection (b)(2). If the time for disapproval has lapsed without enactment of a joint resolution of disapproval under this section, the debt limit is increased by the amount authorized under subparagraph (A).
  • 31 U.S.C. § 3101A(b)(1)
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    (1) Except for the $400,000,000,000 increase in the debt limit provided by subsection (a)(1)(A), the debt limit may not be raised under this section if, within 50 calendar days after the date on which Congress receives a certification described in subsection (a)(1) or within 15 calendar days after Congress receives the certification described in subsection (a)(2) (regardless of whether Congress is in session), there is enacted into law a joint resolution disapproving the President’s exercise of authority with respect to such additional amount.
  • 31 U.S.C. § 3101A(b)(2)(C)
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    (C) the title of which is only as follows: “Joint resolution relating to the disapproval of the President’s exercise of authority to increase the debt limit, as submitted under section 3101A of title 31, United States Code, on ______” (with the blank containing the date of such submission); and
  • 31 U.S.C. § 3101A(b)(2)(D)
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    (D) the matter after the resolving clause of which is only as follows: “That Congress disapproves of the President’s exercise of authority to increase the debt limit, as exercised pursuant to the certification under section 3101A(a) of title 31, United States Code.”.
  • 31 U.S.C. § 3101A(f)(5)
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    (5) If within the appropriate calendar day period described in subsection (b)(1), Congress overrides a veto of the joint resolution with respect to authority exercised pursuant to paragraph (1) or (2) of subsection (a), the limit on debt provided in section 3101(b) shall not be raised, except for the $400,000,000,000 increase in the limit provided by subsection (a)(1)(A).
  • 31 U.S.C. § 3105(e)(1)
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    (1) The Secretary may prescribe a way in which a check issued to an individual (except a trust or estate) as a refund for taxes imposed under subtitle A of the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.) may become a series E savings bond. However, a check may become a bond only if the claim for a refund is filed by the last day prescribed by law for filing the return (determined without any extensions) for the taxable year for which the refund is made. The Secretary may prescribe the time and way in which the check becomes a bond.
  • 31 U.S.C. § 3113(a)
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    (a) To provide the people of the United States with an opportunity to make gifts to the United States Government to be used to reduce the public debt—
    (1) the Secretary of the Treasury may accept for the Government a gift of—
    (A) money made only on the condition that it be used to reduce the public debt;
    (B) an obligation of the Government included in the public debt made only on the condition that the obligation be canceled and retired and not reissued; and
    (C) other intangible personal property made only on the condition that the property is sold and the proceeds from the sale used to reduce the public debt; and
    (2) the Administrator of General Services may accept for the Government a gift of tangible property made only on the condition that it be sold and the proceeds from the sale be used to reduce the public debt.
  • 31 U.S.C. § 3113(a)(1)(A)
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    (A) money made only on the condition that it be used to reduce the public debt;
  • 31 U.S.C. § 3113(a)(1)(B)
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    (B) an obligation of the Government included in the public debt made only on the condition that the obligation be canceled and retired and not reissued; and
  • 31 U.S.C. § 3113(a)(1)(C)
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    (C) other intangible personal property made only on the condition that the property is sold and the proceeds from the sale used to reduce the public debt; and
  • 31 U.S.C. § 3113(a)(2)
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    (2) the Administrator of General Services may accept for the Government a gift of tangible property made only on the condition that it be sold and the proceeds from the sale be used to reduce the public debt.
  • 31 U.S.C. § 3113(d)
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    (d) The Treasury has an account into which money received as gifts and proceeds from the sale or redemption of gifts under this section shall be deposited. The Secretary shall use the money in the account to pay at maturity, or to redeem or buy before maturity, an obligation of the Government included in the public debt. An obligation of the Government that is paid, redeemed, or bought with money from the account shall be canceled and retired and may not be reissued. Money deposited in the account is appropriated and may be expended to carry out this section.
  • 31 U.S.C. § 3121(f)
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    (f) The Secretary may accept voluntary services in carrying out the sale of public debt obligations.
  • 31 U.S.C. § 3123(b)
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    (b) The Secretary of the Treasury shall pay interest due or accrued on the public debt. As the Secretary considers expedient, the Secretary may pay in advance interest on the public debt by a period of not more than one year, with or without a rebate of interest on the coupons.
  • 31 U.S.C. § 3125(c)(2)
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    (2) Relief for interest coupons claimed to have been attached to an obligation may be provided only if the Secretary is satisfied that the coupons have not been paid and are destroyed or will not become the basis of a valid claim against the Government.
  • 31 U.S.C. § 3130(a)(1)
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    (1) the Treasury’s public debt activities, and
  • 31 U.S.C. § 3130(b)(1)
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    (1) A table showing the following information with respect to the total public debt:
    (A) The past levels of such debt and the projected levels of such debt as of the close of the current fiscal year and as of the close of the next 5 fiscal years under the most recent current services baseline projection of the executive branch.
    (B) The past debt to GDP ratios and the projected debt to GDP ratios as of the close of the current fiscal year and as of the close of the next 5 fiscal years under such most recent current services baseline projection.
  • 31 U.S.C. § 3130(b)(1)(A)
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    (A) The past levels of such debt and the projected levels of such debt as of the close of the current fiscal year and as of the close of the next 5 fiscal years under the most recent current services baseline projection of the executive branch.
  • 31 U.S.C. § 3130(b)(1)(B)
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    (B) The past debt to GDP ratios and the projected debt to GDP ratios as of the close of the current fiscal year and as of the close of the next 5 fiscal years under such most recent current services baseline projection.
  • 31 U.S.C. § 3130(b)(2)
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    (2) A table showing the following information with respect to the net public debt:
    (A) The past levels of such debt and the projected levels of such debt as of the close of the current fiscal year and as of the close of the next 5 fiscal years under the most recent current services baseline projection of the executive branch.
    (B) The past debt to GDP ratios and the projected debt to GDP ratios as of the close of the current fiscal year and as of the close of the next 5 fiscal years under such most recent current services baseline projection.
    (C) The interest cost on such debt for prior fiscal years and the projected interest cost on such debt for the current fiscal year and for the next 5 fiscal years under such most recent current services baseline projection.
    (D) The interest cost to outlay ratios for prior fiscal years and the projected interest cost to outlay ratios for the current fiscal year and for the next 5 fiscal years under such most recent current services baseline projection.
  • 31 U.S.C. § 3130(b)(2)(A)
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    (A) The past levels of such debt and the projected levels of such debt as of the close of the current fiscal year and as of the close of the next 5 fiscal years under the most recent current services baseline projection of the executive branch.
  • 31 U.S.C. § 3130(b)(2)(B)
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    (B) The past debt to GDP ratios and the projected debt to GDP ratios as of the close of the current fiscal year and as of the close of the next 5 fiscal years under such most recent current services baseline projection.
  • 31 U.S.C. § 3130(b)(2)(C)
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    (C) The interest cost on such debt for prior fiscal years and the projected interest cost on such debt for the current fiscal year and for the next 5 fiscal years under such most recent current services baseline projection.
  • 31 U.S.C. § 3130(b)(3)
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    (3) A table showing the maturity distribution of the net public debt as of the time the report is submitted and for prior years, and an explanation of the overall financing strategy used in determining the distribution of maturities when issuing public debt obligations, including a discussion of the projections and assumptions with respect to the structure of interest rates for the current fiscal year and for the succeeding 5 fiscal years.
  • 31 U.S.C. § 3130(b)(4)(A)
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    (A) A description of the various categories of the holders of public debt obligations.
  • 31 U.S.C. § 3130(b)(4)(B)
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    (B) The portions of the total public debt held by each of such categories.
  • 31 U.S.C. § 3130(b)(6)
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    (6) A table showing the annual principal and interest payments which would be required to amortize in equal annual payments the level (as of the time the report is submitted) of the net public debt over the longest remaining term to maturity of any obligation which is a part of such debt.
  • 31 U.S.C. § 3130(d)
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    (d) The Secretary of the Treasury may include in any report submitted under subsection (a) such recommendations to improve the issuance and sale of public debt obligations (and with respect to other matters) as he may deem advisable.
  • 31 U.S.C. § 3130(e)(2)
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    (2) The term “total public debt” means the total amount of the obligations subject to the public debt limit established in section 3101 of this title.
  • 31 U.S.C. § 3130(e)(3)
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    (3) The term “net public debt” means the portion of the total public debt which is held by the public.
  • 31 U.S.C. § 3130(e)(4)
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    (4) The term “debt to GDP ratio” means the percentage obtained by dividing the level of the total public debt or net public debt, as the case may be, by the gross domestic product.
  • 31 U.S.C. § 3130(e)(5)
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    (5) The term “interest cost to outlay ratio” means, with respect to any fiscal year, the percentage obtained by dividing the interest cost for such fiscal year on the net public debt by the total amount of Federal outlays for such fiscal year.
  • 31 U.S.C. § 3302(b)
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    (b) Except as provided in section 3718(b)1 of this title, an official or agent of the Government receiving money for the Government from any source shall deposit the money in the Treasury as soon as practicable without deduction for any charge or claim.
  • 31 U.S.C. § 3328(b)(2)
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    (2) A claim for the proceeds of an unpaid check under this subsection may be paid from a consolidated account by a check drawn on the Treasury.
  • 31 U.S.C. § 3328(c)
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    (c) A limitation imposed on a claim against the United States Government under section 3702 of this title does not apply to an unpaid check drawn on the Treasury or a designated depositary.
  • 31 U.S.C. § 3329(c)(1)
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    (1) a person claiming payment satisfies the Secretary of the right to the amount of the check or warrant (or satisfies the Secretary of Veterans Affairs if the claim represents a payment under laws administered by the Secretary of Veterans Affairs); and
  • 31 U.S.C. § 3329(d)(2)
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    (2) do not affect a requirement for a license for delivering and paying a check in payment of a claim under subsection (c) of this section when a license is required by law to authorize delivery and payment; and
  • 31 U.S.C. § 3330(d)(1)
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    (1) A payment may be made under subsection (c) of this section only if a claim for payment is—
    (A) filed with the Secretary of Veterans Affairs by the end of the first year after the date of the death of the individual entitled to payment; and
    (B) completed by submitting the necessary evidence by the 6th month after the date the Secretary of Veterans Affairs requests the evidence.
  • 31 U.S.C. § 3332(e)(1)
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    (1) Notwithstanding subsections (a) through (d) of this section, sections 5120(a) and (d) of title 38, and any other provision of law, all Federal payments to a recipient who becomes eligible for that type of payment after 90 days after the date of the enactment of the Debt Collection Improvement Act of 1996 shall be made by electronic funds transfer.
  • 31 U.S.C. § 3333(a)(1)(C)
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    (C) a debt obligation guaranteed or assumed by the United States Government.
  • 31 U.S.C. § 3333(b)
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    (b) This section does not relieve another individual from civil or criminal liability for a check, draft, warrant, or debt obligation of the Government.
  • 31 U.S.C. § 3334(b)(2)
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    (2) The proceeds from checks canceled pursuant to paragraph (1) shall be applied to eliminate the balances in accounts that represent uncollectible accounts receivable and other costs associated with the payment of checks and check claims by the Department of the Treasury on behalf of all payment certifying agencies. Any remaining proceeds shall be deposited to the miscellaneous receipts of the Treasury.
  • 31 U.S.C. § 3352(i)(1)(C)(i)(III)
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    (III) take other administrative actions with respect to an overpayment claim made or to be made by the executive agency; and
  • 31 U.S.C. § 3352(i)(1)(C)(ii)
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    (ii) the contractor shall not have the authority to make a final determination relating to whether any overpayment occurred or whether to compromise, settle, or terminate an overpayment claim.
  • 31 U.S.C. § 3354(a)(2)(C)
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    (C) The Debt Check Database of the Department of the Treasury.
  • 31 U.S.C. § 3526(a)
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    (a) The Comptroller General shall settle all accounts of the United States Government and supervise the recovery of all debts finally certified by the Comptroller General as due the Government.
  • 31 U.S.C. § 3544
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    This subchapter does not affect a right or remedy the United States Government has by law to recover a tax, debt, or demand.
  • 31 U.S.C. § 3556
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    This subchapter does not give the Comptroller General exclusive jurisdiction over protests, and nothing contained in this subchapter shall affect the right of any interested party to file a protest with the contracting agency or to file an action in the United States Court of Federal Claims. In any such action based on a procurement or proposed procurement with respect to which a protest has been filed under this subchapter, the reports required by sections 3553(b)(2) and 3554(e)(1) of this title with respect to such procurement or proposed procurement and any decision or recommendation of the Comptroller General under this subchapter with respect to such procurement or proposed procurement shall be considered to be part of the agency record subject to review.
  • 31 U.S.C. § 3702(a)
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    (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.
  • 31 U.S.C. § 3702(a)(1)(A)
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    (A) claims involving uniformed service members’ pay, allowances, travel, transportation, payments for unused accrued leave, retired pay, and survivor benefits; and
  • 31 U.S.C. § 3702(a)(1)(B)
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    (B) claims by transportation carriers involving amounts collected from them for loss or damage incurred to property incident to shipment at Government expense.
  • 31 U.S.C. § 3702(a)(2)
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    (2) The Director of the Office of Personnel Management shall settle claims involving Federal civilian employees’ compensation and leave.
  • 31 U.S.C. § 3702(a)(3)
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    (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.
  • 31 U.S.C. § 3702(a)(4)
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    (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.
  • 31 U.S.C. § 3702(b)(1)
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    (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.
  • 31 U.S.C. § 3702(b)(1)(B)
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    (B) a claim of a State, the District of Columbia, or a territory or possession of the United States.
  • 31 U.S.C. § 3702(b)(2)
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    (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.
  • 31 U.S.C. § 3702(b)(3)
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    (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.
  • 31 U.S.C. § 3702(c)(1)
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    (1) Any claim on account of a Treasury check shall be barred unless it is presented to the agency that authorized the issuance of such check within 1 year after the date of issuance of the check or the effective date of this subsection, whichever is later.
  • 31 U.S.C. § 3702(d)
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    (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.
  • 31 U.S.C. § 3702(e)(1)
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    (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 section 101 of title 37).
  • 31 U.S.C. § 3702(e)(2)
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    (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.
  • 31 U.S.C. § 3702(e)(3)
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    (3) This subsection does not apply to a claim in excess of $25,000.
  • 31 U.S.C. § 3711(a)(1)
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    (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;
  • 31 U.S.C. § 3711(a)(2)
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    (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
  • 31 U.S.C. § 3711(a)(3)
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    (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.
  • 31 U.S.C. § 3711(b)(1)
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    (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.
  • 31 U.S.C. § 3711(c)
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    (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.
  • 31 U.S.C. § 3711(e)(1)
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    (1) When trying to collect a claim of the Government under a law except the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.), the head of an executive, judicial, or legislative agency shall disclose to a consumer reporting agency information from a system of records that a person is responsible for a claim if—
    (A) notice required by section 552a(e)(4) of title 5 indicates that information in the system may be disclosed to a consumer reporting agency;
    (B) the head of the agency has reviewed the claim and decided that the claim is valid and overdue;
    (C) the head of the agency has notified the person in writing—
    (i) that payment of the claim is overdue;
    (ii) that, within not less than 60 days after sending the notice, the head of the agency intends to disclose to a consumer reporting agency that the person is responsible for the claim;
    (iii) of the specific information to be disclosed to the consumer reporting agency; and
    (iv) of the rights the person has to a complete explanation of the claim, to dispute information in the records of the agency about the claim, and to administrative repeal or review of the claim;
    (D) the person has not—
    (i) repaid or agreed to repay the claim under a written repayment plan that the person has signed and the head of the agency has agreed to; or
    (ii) filed for review of the claim under paragraph (2) of this subsection;
    (E) the head of the agency has established procedures to—
    (i) disclose promptly, to each consumer reporting agency to which the original disclosure was made, a substantial change in the condition or amount of the claim;
    (ii) verify or correct promptly information about the claim on request of a consumer reporting agency for verification of information disclosed; and
    (iii) get satisfactory assurances from each consumer reporting agency that the agency is complying with all laws of the United States related to providing consumer credit information; and
    (F) the information disclosed to the consumer reporting agency is limited to—
    (i) information necessary to establish the identity of the person, including name, address, and taxpayer identification number;
    (ii) the amount, status, and history of the claim; and
    (iii) the agency or program under which the claim arose.
  • 31 U.S.C. § 3711(e)(1)(B)
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    (B) the head of the agency has reviewed the claim and decided that the claim is valid and overdue;
  • 31 U.S.C. § 3711(e)(1)(C)(i)
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    (i) that payment of the claim is overdue;
  • 31 U.S.C. § 3711(e)(1)(C)(ii)
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    (ii) that, within not less than 60 days after sending the notice, the head of the agency intends to disclose to a consumer reporting agency that the person is responsible for the claim;
  • 31 U.S.C. § 3711(e)(1)(C)(iv)
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    (iv) of the rights the person has to a complete explanation of the claim, to dispute information in the records of the agency about the claim, and to administrative repeal or review of the claim;
  • 31 U.S.C. § 3711(e)(1)(D)(i)
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    (i) repaid or agreed to repay the claim under a written repayment plan that the person has signed and the head of the agency has agreed to; or
  • 31 U.S.C. § 3711(e)(1)(D)(ii)
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    (ii) filed for review of the claim under paragraph (2) of this subsection;
  • 31 U.S.C. § 3711(e)(1)(E)(i)
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    (i) disclose promptly, to each consumer reporting agency to which the original disclosure was made, a substantial change in the condition or amount of the claim;
  • 31 U.S.C. § 3711(e)(1)(E)(ii)
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    (ii) verify or correct promptly information about the claim on request of a consumer reporting agency for verification of information disclosed; and
  • 31 U.S.C. § 3711(e)(1)(F)(ii)
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    (ii) the amount, status, and history of the claim; and
  • 31 U.S.C. § 3711(e)(1)(F)(iii)
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    (iii) the agency or program under which the claim arose.
  • 31 U.S.C. § 3711(e)(2)
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    (2) Before disclosing information to a consumer reporting agency under paragraph (1) of this subsection and at other times allowed by law, the head of an executive, judicial, or legislative agency shall provide, on request of a person alleged by the agency to be responsible for the claim, for a review of the obligation of the person, including an opportunity for reconsideration of the initial decision on the claim.
  • 31 U.S.C. § 3711(e)(5)
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    (5) The head of each executive agency may provide to a consumer reporting agency or commercial reporting agency information from a system of records that a person is responsible for a claim which is current, if notice required by section 552a(e)(4) of title 5 indicates that information in the system may be disclosed to a consumer reporting agency or commercial reporting agency, respectively.
  • 31 U.S.C. § 3711(f)(1)
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    (1) The Secretary of Defense may suspend or terminate an action by the Secretary or by the Secretary of a military department under subsection (a) to collect a claim against the estate of a person who died while serving on active duty as a member of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard during a period when the Coast Guard is operating as a service in the Navy if the Secretary determines that, under the circumstances applicable with respect to the deceased person, it is appropriate to do so.
  • 31 U.S.C. § 3711(f)(2)
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    (2) The Secretary of Homeland Security may suspend or terminate an action by the Secretary under subsection (a) to collect a claim against the estate of a person who died while serving on active duty as a member of the Coast Guard if the Secretary determines that, under the circumstances applicable with respect to the deceased person, it is appropriate to do so.
  • 31 U.S.C. § 3711(f)(3)
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    (3) The Secretary of Veterans Affairs may suspend or terminate an action by the Secretary under subsection (a) to collect a claim against the estate of a person who died while serving on active duty as a member of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard during a period when the Coast Guard is operating as a service in the Navy if the Secretary determines that, under the circumstances applicable with respect to the deceased person, it is appropriate to do so.
  • 31 U.S.C. § 3711(g)(1)
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    (1) If a nontax debt or claim owed to the United States has been delinquent for a period of 180 days—
    (A) the head of the executive, judicial, or legislative agency that administers the program that gave rise to the debt or claim shall transfer the debt or claim to the Secretary of the Treasury; and
    (B) upon such transfer the Secretary of the Treasury shall take appropriate action to collect or terminate collection actions on the debt or claim.
  • 31 U.S.C. § 3711(g)(1)(A)
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    (A) the head of the executive, judicial, or legislative agency that administers the program that gave rise to the debt or claim shall transfer the debt or claim to the Secretary of the Treasury; and
  • 31 U.S.C. § 3711(g)(1)(B)
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    (B) upon such transfer the Secretary of the Treasury shall take appropriate action to collect or terminate collection actions on the debt or claim.
  • 31 U.S.C. § 3711(g)(2)(A)
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    (A) to any debt or claim that—
    (i) is in litigation or foreclosure;
    (ii) will be disposed of under an asset sales program within 1 year after becoming eligible for sale, or later than 1 year if consistent with an asset sales program and a schedule established by the agency and approved by the Director of the Office of Management and Budget;
    (iii) has been referred to a private collection contractor for collection for a period of time determined by the Secretary of the Treasury;
    (iv) has been referred by, or with the consent of, the Secretary of the Treasury to a debt collection center for a period of time determined by the Secretary of the Treasury; or
    (v) will be collected under internal offset, if such offset is sufficient to collect the claim within 3 years after the date the debt or claim is first delinquent; and
  • 31 U.S.C. § 3711(g)(2)(A)(iv)
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    (iv) has been referred by, or with the consent of, the Secretary of the Treasury to a debt collection center for a period of time determined by the Secretary of the Treasury; or
  • 31 U.S.C. § 3711(g)(2)(A)(v)
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    (v) will be collected under internal offset, if such offset is sufficient to collect the claim within 3 years after the date the debt or claim is first delinquent; and
  • 31 U.S.C. § 3711(g)(2)(B)
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    (B) to any other specific class of debt or claim, as determined by the Secretary of the Treasury at the request of the head of an executive, judicial, or legislative agency or otherwise.
  • 31 U.S.C. § 3711(g)(3)
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    (3) For purposes of this section, the Secretary of the Treasury may designate, and withdraw such designation of debt collection centers operated by other Federal agencies. The Secretary of the Treasury shall designate such centers on the basis of their performance in collecting delinquent claims owed to the Government.
  • 31 U.S.C. § 3711(g)(4)
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    (4) At the discretion of the Secretary of the Treasury, referral of a nontax claim may be made to—
    (A) any executive department or agency operating a debt collection center for servicing, collection, compromise, or suspension or termination of collection action;
    (B) a private collection contractor operating under a contract for servicing or collection action; or
    (C) the Department of Justice for litigation.
  • 31 U.S.C. § 3711(g)(4)(A)
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    (A) any executive department or agency operating a debt collection center for servicing, collection, compromise, or suspension or termination of collection action;
  • 31 U.S.C. § 3711(g)(5)
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    (5) Nontax claims referred or transferred under this section shall be serviced, collected, or compromised, or collection action thereon suspended or terminated, in accordance with otherwise applicable statutory requirements and authorities. Executive departments and agencies operating debt collection centers may enter into agreements with the Secretary of the Treasury to carry out the purposes of this subsection. The Secretary of the Treasury shall—
    (A) maintain competition in carrying out this subsection;
    (B) maximize collections of delinquent debts by placing delinquent debts quickly;
    (C) maintain a schedule of private collection contractors and debt collection centers eligible for referral of claims; and
    (D) refer delinquent debts to the person most appropriate to collect the type or amount of claim involved.
  • 31 U.S.C. § 3711(g)(5)(B)
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    (B) maximize collections of delinquent debts by placing delinquent debts quickly;
  • 31 U.S.C. § 3711(g)(5)(C)
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    (C) maintain a schedule of private collection contractors and debt collection centers eligible for referral of claims; and
  • 31 U.S.C. § 3711(g)(5)(D)
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    (D) refer delinquent debts to the person most appropriate to collect the type or amount of claim involved.
  • 31 U.S.C. § 3711(g)(6)
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    (6) Any agency operating a debt collection center to which nontax claims are referred or transferred under this subsection may charge a fee sufficient to cover the full cost of implementing this subsection. The agency transferring or referring the nontax claim shall be charged the fee, and the agency charging the fee shall collect such fee by retaining the amount of the fee from amounts collected pursuant to this subsection. Agencies may agree to pay through a different method, or to fund an activity from another account or from revenue received from the procedure described under section 3720C of this title. Amounts charged under this subsection concerning delinquent claims may be considered as costs pursuant to section 3717(e) of this title.
  • 31 U.S.C. § 3711(g)(7)
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    (7) Notwithstanding any other law concerning the depositing and collection of Federal payments, including section 3302(b) of this title, agencies collecting fees may retain the fees from amounts collected. Any fee charged pursuant to this subsection shall be deposited into an account to be determined by the executive department or agency operating the debt collection center charging the fee (in this subsection referred to in this section2 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.
  • 31 U.S.C. § 3711(g)(8)
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    (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.
  • 31 U.S.C. § 3711(g)(9)
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    (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.
  • 31 U.S.C. § 3711(g)(9)(E)
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    (E) referral to agencies operating a debt collection center,
  • 31 U.S.C. § 3711(g)(10)
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    (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.
  • 31 U.S.C. § 3711(h)(1)
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    (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.
  • 31 U.S.C. § 3711(i)(1)
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    (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.
  • 31 U.S.C. § 3711(i)(2)
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    (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.
  • 31 U.S.C. § 3711(i)(3)
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    (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).
  • 31 U.S.C. § 3711(i)(3)(C)
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    (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).
  • 31 U.S.C. § 3711(i)(4)(A)
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    (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.
  • 31 U.S.C. § 3711(i)(4)(B)(i)
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    (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.
  • 31 U.S.C. § 3711(i)(4)(B)(ii)
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    (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.
  • 31 U.S.C. § 3711(i)(4)(B)(v)
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    (v) The marketability of all debts.
  • 31 U.S.C. § 3711(i)(5)
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    (5) This subsection is not intended to limit existing statutory authority of agencies to sell loans, debts, or other assets.
  • 31 U.S.C. § 3712(a)(1)(B)
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    (B) the expiration of the 180-day period beginning on the close of the period described in subparagraph (A) if a timely claim is received under section 3702.
  • 31 U.S.C. § 3712(a)(2)(B)
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    (B) If the United States has given an endorser written notice of a claim against the endorser within the time allowed by subparagraph (A), the 1-year period for bringing a civil action on that claim under subparagraph (A) shall be extended by 3 years.
  • 31 U.S.C. § 3712(b)
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    (b) Notwithstanding subsection (a) of this section, a civil action may be brought within 2 years after the claim is discovered when an endorser, transferor, depositary, or fiscal agent fraudulently conceals the claim from an officer or employee of the Government entitled to bring the civil action.
  • 31 U.S.C. § 3712(d)
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    (d) The Government waives all claims against a person arising from dual pay from the Government if the dual pay is not reported to the Comptroller General for collection within 6 years from the last date of a period of dual pay.
  • 31 U.S.C. § 3713(a)(1)
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    (1) A claim of the United States Government shall be paid first when—
    (A) a person indebted to the Government is insolvent and—
    (i) the debtor without enough property to pay all debts makes a voluntary assignment of property;
    (ii) property of the debtor, if absent, is attached; or
    (iii) an act of bankruptcy is committed; or
    (B) the estate of a deceased debtor, in the custody of the executor or administrator, is not enough to pay all debts of the debtor.
  • 31 U.S.C. § 3713(a)(1)(A)(i)
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    (i) the debtor without enough property to pay all debts makes a voluntary assignment of property;
  • 31 U.S.C. § 3713(a)(1)(B)
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    (B) the estate of a deceased debtor, in the custody of the executor or administrator, is not enough to pay all debts of the debtor.
  • 31 U.S.C. § 3713(b)
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    (b) A representative of a person or an estate (except a trustee acting under title 11) paying any part of a debt of the person or estate before paying a claim of the Government is liable to the extent of the payment for unpaid claims of the Government.
  • 31 U.S.C. § 3716(a)
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    (a) After trying to collect a claim from a person under section 3711(a) of this title, the head of an executive, judicial, or legislative agency may collect the claim by administrative offset. The head of the agency may collect by administrative offset only after giving the debtor—
    (1) written notice of the type and amount of the claim, the intention of the head of the agency to collect the claim by administrative offset, and an explanation of the rights of the debtor under this section;
    (2) an opportunity to inspect and copy the records of the agency related to the claim;
    (3) an opportunity for a review within the agency of the decision of the agency related to the claim; and
    (4) an opportunity to make a written agreement with the head of the agency to repay the amount of the claim.
  • 31 U.S.C. § 3716(a)(1)
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    (1) written notice of the type and amount of the claim, the intention of the head of the agency to collect the claim by administrative offset, and an explanation of the rights of the debtor under this section;
  • 31 U.S.C. § 3716(a)(2)
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    (2) an opportunity to inspect and copy the records of the agency related to the claim;
  • 31 U.S.C. § 3716(a)(3)
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    (3) an opportunity for a review within the agency of the decision of the agency related to the claim; and
  • 31 U.S.C. § 3716(a)(4)
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    (4) an opportunity to make a written agreement with the head of the agency to repay the amount of the claim.
  • 31 U.S.C. § 3716(b)
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    (b) Before collecting a claim by administrative offset, the head of an executive, judicial, or legislative agency must either—
    (1) adopt, without change, regulations on collecting by administrative offset promulgated by the Department of Justice, the Government Accountability Office, or the Department of the Treasury; or
    (2) prescribe regulations on collecting by administrative offset consistent with the regulations referred to in paragraph (1).
  • 31 U.S.C. § 3716(c)(1)(A)
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    (A) Except as otherwise provided in this subsection, a disbursing official of the Department of the Treasury, the Department of Defense, the United States Postal Service, the Department of Health and Human Services, or any other government corporation, or any disbursing official of the United States designated by the Secretary of the Treasury, shall offset at least annually the amount of a payment which a payment certifying agency has certified to the disbursing official for disbursement, by an amount equal to the amount of a claim which a creditor agency has certified to the Secretary of the Treasury pursuant to this subsection.
  • 31 U.S.C. § 3716(c)(1)(B)
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    (B) An agency that designates disbursing officials pursuant to section 3321(c) of this title is not required to certify claims arising out of its operations to the Secretary of the Treasury before such agency’s disbursing officials offset such claims.
  • 31 U.S.C. § 3716(c)(3)(D)
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    (D) This section shall apply to payments made after the date which is 90 days after the enactment of this subparagraph (or such earlier date as designated by the Secretary of Health and Human Services) with respect to claims or debts, and to amounts payable, under title XVIII of the Social Security Act.
  • 31 U.S.C. § 3716(c)(4)
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    (4) The Secretary of the Treasury may charge a fee sufficient to cover the full cost of implementing this subsection. The fee may be collected either by the retention of a portion of amounts collected pursuant to this subsection, or by billing the agency referring or transferring a claim for those amounts. Fees charged to the agencies shall be based on actual administrative offsets completed. Amounts received by the United States as fees under this subsection shall be deposited into the account of the Department of the Treasury under section 3711(g)(7) of this title, and shall be collected and accounted for in accordance with the provisions of that section.
  • 31 U.S.C. § 3716(c)(6)(A)
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    (A) Any Federal agency that is owed by a person a past due, legally enforceable nontax debt that is over 120 days delinquent, including nontax debt administered by a third party acting as an agent for the Federal Government, shall notify the Secretary of the Treasury of all such nontax debts for purposes of administrative offset under this subsection.
  • 31 U.S.C. § 3716(c)(7)(A)(i)
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    (i) the occurrence of the administrative offset to satisfy a past due legally enforceable debt, including a description of the type and amount of the payment otherwise payable to the payee against which the offset was executed;
  • 31 U.S.C. § 3716(e)(2)
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    (2) This section does not apply when a statute explicitly prohibits using administrative offset or setoff to collect the claim or type of claim involved.
  • 31 U.S.C. § 3716(f)
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    (f) The Secretary may waive the requirements of sections 552a(o) and (p) of title 5 for administrative offset or claims collection upon written certification by the head of a State or an executive, judicial, or legislative agency seeking to collect the claim that the requirements of subsection (a) of this section have been met.
  • 31 U.S.C. § 3716(h)(1)
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    (1) The Secretary may, in the discretion of the Secretary, apply subsection (a) with respect to any past-due, legally-enforceable debt owed to a State if—
    (A) the appropriate State disbursing official requests that an offset be performed; and
    (B) a reciprocal agreement with the State is in effect which contains, at a minimum—
    (i) requirements substantially equivalent to subsection (b) of this section; and
    (ii) any other requirements which the Secretary considers appropriate to facilitate the offset and prevent duplicative efforts.
  • 31 U.S.C. § 3716(h)(2)(A)
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    (A) the collection of a debt or claim on which the administrative costs associated with the collection of the debt or claim exceed the amount of the debt or claim;
  • 31 U.S.C. § 3716(h)(2)(B)
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    (B) any collection of any other type, class, or amount of claim, as the Secretary considers necessary to protect the interest of the United States; or
  • 31 U.S.C. § 3716(h)(3)
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    (3) In applying this section with respect to any debt owed to a State, subsection (c)(3)(A) shall not apply.
  • 31 U.S.C. § 3717(a)(1)
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    (1) The head of an executive, judicial, or legislative agency shall charge a minimum annual rate of interest on an outstanding debt on a United States Government claim owed by a person that is equal to the average investment rate for the Treasury tax and loan accounts for the 12-month period ending on September 30 of each year, rounded to the nearest whole percentage point. The Secretary of the Treasury shall publish the rate before November 1 of that year. The rate is effective on the first day of the next calendar quarter.
  • 31 U.S.C. § 3717(d)
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    (d) Interest under subsection (a) of this section may not be charged if the amount due on the claim is paid within 30 days after the date from which interest accrues under subsection (b) of this section. The head of an executive, judicial, or legislative agency may extend the 30-day period.
  • 31 U.S.C. § 3717(e)
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    (e) The head of an executive, judicial, or legislative agency shall assess on a claim owed by a person—
    (1) a charge to cover the cost of processing and handling a delinquent claim; and
    (2) a penalty charge of not more than 6 percent a year for failure to pay a part of a debt more than 90 days past due.
  • 31 U.S.C. § 3717(e)(1)
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    (1) a charge to cover the cost of processing and handling a delinquent claim; and
  • 31 U.S.C. § 3717(e)(2)
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    (2) a penalty charge of not more than 6 percent a year for failure to pay a part of a debt more than 90 days past due.
  • 31 U.S.C. § 3717(g)(2)
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    (2) to a claim under a contract executed before October 25, 1982, that is in effect on October 25, 1982.
  • 31 U.S.C. § 3717(i)(1)
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    (1) The head of an executive, judicial, or legislative agency may increase an administrative claim by the cost of living adjustment in lieu of charging interest and penalties under this section. Adjustments under this subsection will be computed annually.
  • 31 U.S.C. § 3717(i)(2)(A)
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    (A) the term “cost of living adjustment” means the percentage by which the Consumer Price Index for the month of June of the calendar year preceding the adjustment exceeds the Consumer Price Index for the month of June of the calendar year in which the claim was determined or last adjusted; and
  • 31 U.S.C. § 3717(i)(2)(B)
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    (B) the term “administrative claim” includes all debt that is not based on an extension of Government credit through direct loans, loan guarantees, or insurance, including fines, penalties, and overpayments.
  • 31 U.S.C. § 3718(a)(1)
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    (1) the head of the agency retains the authority to resolve a dispute, compromise a claim, end collection action, and refer a matter to the Attorney General to bring a civil action; and
  • 31 U.S.C. § 3718(a)(2)(B)
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    (B) laws and regulations of the United States Government and State governments related to debt collection practices.
  • 31 U.S.C. § 3718(b)(1)(A)
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    (A) The Attorney General may make contracts retaining private counsel to furnish legal services, including representation in negotiation, compromise, settlement, and litigation, in the case of any claim of indebtedness owed the United States. Each such contract shall include such terms and conditions as the Attorney General considers necessary and appropriate, including a provision specifying the amount of the fee to be paid to the private counsel under such contract or the method for calculating that fee. The amount of the fee payable for legal services furnished under any such contract may not exceed the fee that counsel engaged in the private practice of law in the area or areas where the legal services are furnished typically charge clients for furnishing legal services in the collection of claims of indebtedness, as determined by the Attorney General, considering the amount, age, and nature of the indebtedness and whether the debtor is an individual or a business entity. Nothing in this subparagraph shall relieve the Attorney General of the competition requirements set forth in division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.
  • 31 U.S.C. § 3718(b)(2)
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    (2) The head of an executive, judicial, or legislative agency may, subject to the approval of the Attorney General, refer to a private counsel retained under paragraph (1) of this subsection claims of indebtedness owed the United States arising out of activities of that agency.
  • 31 U.S.C. § 3718(b)(3)
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    (3) Each agency shall use its best efforts to assure that not less than 10 percent of the amounts of all claims referred to private counsel by that agency under paragraph (2) are referred to law firms owned and controlled by socially and economically disadvantaged individuals and law firms that are qualified HUBZone small business concerns. For purposes of this paragraph—
    (A) the term “law firm owned and controlled by socially and economically disadvantaged individuals” means a law firm that meets the requirements set forth in clauses (i) and (ii) of section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)(i) and (ii)) and regulations issued under those clauses;
    (B) “socially and economically disadvantaged individuals” shall be presumed to include these1 groups and individuals described in the last paragraph of section 8(d)(3)(C) of the Small Business Act; and
    (C) the term “qualified HUBZone small business concern” has the meaning given that term in section 31(b) of the Small Business Act.
  • 31 U.S.C. § 3718(b)(5)(B)
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    (B) a provision stating that the head of the executive or2 legislative agency which refers a claim under the contract retains the authority to resolve a dispute regarding the claim, to compromise the claim, or to terminate a collection action on the claim; and
  • 31 U.S.C. § 3718(b)(5)(C)
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    (C) a provision requiring the private counsel to transmit monthly to the Attorney General and the head of the executive or2 legislative agency referring a claim under the contract a report on the services relating to the claim rendered under the contract during the month and the progress made during the month in collecting the claim under the contract.
  • 31 U.S.C. § 3718(b)(6)
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    (6) Notwithstanding the fourth sentence of section 803(6) of the Fair Debt Collection Practices Act (15 U.S.C. 1692a(6)), a private counsel performing legal services pursuant to a contract made under paragraph (1) of this subsection shall be considered to be a debt collector for the purposes of such Act.
  • 31 U.S.C. § 3718(c)(1)
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    (1) the total number and amounts of claims which were referred for legal services to the Department of Justice and to private counsel under subsection (b) during the 1-year period covered by the report;
  • 31 U.S.C. § 3718(c)(2)
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    (2) the total number and amount of those claims referred for legal services to the Department of Justice which were collected or were not collected or otherwise resolved during the 1-year period covered by the report; and
  • 31 U.S.C. § 3718(c)(3)
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    (3) the total number and amount of those claims referred for legal services to private counsel under subsection (b)—
    (A) which were collected or were not collected or otherwise resolved during the 1-year period covered by the report;
    (B) which were not collected or otherwise resolved under a contract terminated by the Attorney General during the 1-year period covered by the report; and
    (C) on which the Attorney General terminated the private counsel’s representation during the 1-year period covered by the report without terminating the contract with the private counsel under which the claims were referred.
  • 31 U.S.C. § 3718(c)(3)(C)
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    (C) on which the Attorney General terminated the private counsel’s representation during the 1-year period covered by the report without terminating the contract with the private counsel under which the claims were referred.
  • 31 U.S.C. § 3718(f)
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    (f) This section does not apply to the collection of debts under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).
  • 31 U.S.C. § 3718(g)
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    (g) In order to assist Congress in determining whether use of private counsel is a cost-effective method of collecting Government debts, the Attorney General shall, following consultation with the Government Accountability Office, maintain and make available to the Inspector General of the Department of Justice, statistical data relating to the comparative costs of debt collection by participating United States Attorneys’ Offices and by private counsel.
  • 31 U.S.C. § 3719(a)
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    (a) In consultation with the Comptroller General of the United States, the Secretary of the Treasury shall prescribe regulations requiring the head of each agency with outstanding nontax claims to prepare and submit to the Secretary at least once each year a report summarizing the status of loans and accounts receivable that are managed by the head of the agency. The report shall contain—
    (1) information on—
    (A) the total amount of loans and accounts receivable owed the agency and when amounts owed the agency are due to be repaid;
    (B) the total amount of receivables and number of claims at least 30 days past due;
    (C) the total amount written off as actually uncollectible and the total amount allowed for uncollectible loans and accounts receivable;
    (D) the rate of interest charged for overdue debts and the amount of interest charged and collected on debts;
    (E) the total number of claims and the total amount collected; and
    (F) the number and total amount of claims referred to the Attorney General for settlement and the number and total amount of claims the Attorney General settles;
    (2) the information described in clause (1) of this subsection for each program or activity the head of the agency carries out; and
    (3) other information the Secretary considers necessary to decide whether the head of the agency is acting aggressively to collect the claims of the agency.
  • 31 U.S.C. § 3719(a)(1)(B)
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    (B) the total amount of receivables and number of claims at least 30 days past due;
  • 31 U.S.C. § 3719(a)(1)(D)
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    (D) the rate of interest charged for overdue debts and the amount of interest charged and collected on debts;
  • 31 U.S.C. § 3719(a)(1)(E)
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    (E) the total number of claims and the total amount collected; and
  • 31 U.S.C. § 3719(a)(1)(F)
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    (F) the number and total amount of claims referred to the Attorney General for settlement and the number and total amount of claims the Attorney General settles;
  • 31 U.S.C. § 3719(a)(3)
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    (3) other information the Secretary considers necessary to decide whether the head of the agency is acting aggressively to collect the claims of the agency.
  • 31 U.S.C. § 3719(b)
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    (b) The Secretary shall analyze the reports submitted under subsection (a) of this section and shall report annually to Congress on the management of debt collection activities by the head of each agency, including the information provided the Secretary under subsection (a).
  • 31 U.S.C. § 3720A(a)
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    (a) Any Federal agency that is owed by a person a past-due, legally enforceable debt (including debt administered by a third party acting as an agent for the Federal Government) shall, and any agency subject to section 9 of the Act of May 18, 1933 (16 U.S.C. 831h), owed such a debt may, in accordance with regulations issued pursuant to subsections (b) and (d), notify the Secretary of the Treasury at least once each year of the amount of such debt.
  • 31 U.S.C. § 3720A(b)
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    (b) No Federal agency may take action pursuant to subsection (a) with respect to any debt until such agency—
    (1) notifies the person incurring such debt that such agency proposes to take action pursuant to such paragraph with respect to such debt;
    (2) gives such person at least 60 days to present evidence that all or part of such debt is not past-due or not legally enforceable;
    (3) considers any evidence presented by such person and determines that an amount of such debt is past due and legally enforceable;
    (4) satisfies such other conditions as the Secretary may prescribe to ensure that the determination made under paragraph (3) with respect to such debt is valid and that the agency has made reasonable efforts (determined on a government-wide basis) to obtain payment of such debt; and
    (5) certifies that reasonable efforts have been made by the agency (pursuant to regulations) to obtain payment of such debt.
  • 31 U.S.C. § 3720A(b)(1)
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    (1) notifies the person incurring such debt that such agency proposes to take action pursuant to such paragraph with respect to such debt;
  • 31 U.S.C. § 3720A(b)(2)
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    (2) gives such person at least 60 days to present evidence that all or part of such debt is not past-due or not legally enforceable;
  • 31 U.S.C. § 3720A(b)(3)
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    (3) considers any evidence presented by such person and determines that an amount of such debt is past due and legally enforceable;
  • 31 U.S.C. § 3720A(b)(4)
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    (4) satisfies such other conditions as the Secretary may prescribe to ensure that the determination made under paragraph (3) with respect to such debt is valid and that the agency has made reasonable efforts (determined on a government-wide basis) to obtain payment of such debt; and
  • 31 U.S.C. § 3720A(b)(5)
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    (5) certifies that reasonable efforts have been made by the agency (pursuant to regulations) to obtain payment of such debt.
  • 31 U.S.C. § 3720A(c)
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    (c) Upon receiving notice from any Federal agency that a named person owes to such agency a past-due legally enforceable debt, the Secretary of the Treasury shall determine whether any amounts, as refunds of Federal taxes paid, are payable to such person. If the Secretary of the Treasury finds that any such amount is payable, he shall reduce such refunds by an amount equal to the amount of such debt, pay the amount of such reduction to such agency, and notify such agency of the individual’s home address.
  • 31 U.S.C. § 3720A(d)
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    (d) The Secretary of the Treasury shall issue regulations prescribing the time or times at which agencies must submit notices of past-due legally enforceable debts, the manner in which such notices must be submitted, and the necessary information that must be contained in or accompany the notices. The regulations shall specify the minimum amount of debt to which the reduction procedure established by subsection (c) may be applied and the fee that an agency must pay to reimburse the Secretary of the Treasury for the full cost of applying such procedure. Any fee paid to the Secretary pursuant to the preceding sentence may be used to reimburse appropriations which bore all or part of the cost of applying such procedure.
  • 31 U.S.C. § 3720A(f)(2)(B)
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    (B) In any case in which an individual files for a waiver under section 204(b) of the Social Security Act within the 60-day period referred to in subsection (b)(2), the Commissioner of Social Security shall not certify to the Secretary of the Treasury that the debt is valid under subsection (b)(4) before rendering a decision on the waiver request under such section 204(b). In lieu of payment, pursuant to subsection (c), to the Commissioner of Social Security of the amount of any reduction under this subsection based on an OASDI overpayment, the Secretary of the Treasury shall deposit such amount in the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund, whichever is certified to the Secretary of the Treasury as appropriate by the Commissioner of Social Security.
  • 31 U.S.C. § 3720A(g)
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    (g) In the case of refunds of business associations, this section shall apply only to refunds payable on or after January 1, 1995. In the case of refunds of individuals who owe debts to Federal agencies that have not participated in the Federal tax refund offset program prior to the date of enactment of this subsection, this section shall apply only to refunds payable on or after January 1, 1994.
  • 31 U.S.C. § 3720A(h)(1)(A)
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    (A) the occurrence of an offset to satisfy a past-due legally enforceable nontax debt;
  • 31 U.S.C. § 3720A(h)(2)(A)
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    (A) the occurrence of an offset to satisfy a past-due legally enforceable non-tax2 debt;
  • 31 U.S.C. § 3720B(a)
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    (a) Unless this subsection is waived by the head of a Federal agency, a person may not obtain any Federal financial assistance in the form of a loan (other than a disaster loan or a marketing assistance loan or loan deficiency payment under subtitle C of the Agricultural Market Transition Act (7 U.S.C. 7231 et seq.)) or loan insurance or guarantee administered by the agency if the person has an outstanding debt (other than a debt under the Internal Revenue Code of 1986) with any Federal agency which is in a delinquent status, as determined under standards prescribed by the Secretary of the Treasury. Such a person may obtain additional loans or loan guarantees only after such delinquency is resolved in accordance with those standards. The Secretary of the Treasury may exempt, at the request of an agency, any class of claims.
  • 31 U.S.C. § 3720C(a)(1)
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    (1) There is hereby established in the Treasury a special fund to be known as the “Debt Collection Improvement Account” (hereinafter in this section referred to as the “Account”).
  • 31 U.S.C. § 3720C(b)(3)
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    (3) The amount referred to in paragraph (1) shall be 5 percent of the amount of delinquent debt collected by an agency in a fiscal year, minus the greater of—
    (A) 5 percent of the amount of delinquent nontax debt collected by the agency in the previous fiscal year, or
    (B) 5 percent of the average annual amount of delinquent nontax debt collected by the agency in the previous 4 fiscal years.
  • 31 U.S.C. § 3720C(b)(3)(A)
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    (A) 5 percent of the amount of delinquent nontax debt collected by the agency in the previous fiscal year, or
  • 31 U.S.C. § 3720C(b)(3)(B)
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    (B) 5 percent of the average annual amount of delinquent nontax debt collected by the agency in the previous 4 fiscal years.
  • 31 U.S.C. § 3720C(b)(4)(A)
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    (A) The number of days between the date a claim or debt became delinquent and the date which an agency referred the debt or claim to the Secretary of the Treasury or obtained an exemption from this referral under section 3711(g)(2) of this title.
  • 31 U.S.C. § 3720C(b)(4)(B)
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    (B) The ratio of delinquent debts or claims to total receivables for a given program, and the change in this ratio over a period of time.
  • 31 U.S.C. § 3720C(c)(1)
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    (1) The Secretary of the Treasury may make payments from the Account solely to reimburse agencies for qualified expenses. For agencies with franchise funds, such payments may be credited to subaccounts designated for debt collection.
  • 31 U.S.C. § 3720C(c)(2)
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    (2) For purposes of this section, the term “qualified expenses” means expenditures for the improvement of credit management, debt collection, and debt recovery activities, including—
    (A) account servicing (including cross-servicing under section 3711(g) of this title),
    (B) automatic data processing equipment acquisitions,
    (C) delinquent debt collection,
    (D) measures to minimize delinquent debt,
    (E) sales of delinquent debt,
    (F) asset disposition, and
    (G) training of personnel involved in credit and debt management.
  • 31 U.S.C. § 3720C(c)(2)(C)
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    (C) delinquent debt collection,
  • 31 U.S.C. § 3720C(c)(2)(D)
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    (D) measures to minimize delinquent debt,
  • 31 U.S.C. § 3720C(c)(2)(E)
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    (E) sales of delinquent debt,
  • 31 U.S.C. § 3720C(c)(2)(G)
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    (G) training of personnel involved in credit and debt management.
  • 31 U.S.C. § 3720D(a)
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    (a) Notwithstanding any provision of State law, the head of an executive, judicial, or legislative agency that administers a program that gives rise to a delinquent nontax debt owed to the United States by an individual may in accordance with this section garnish the disposable pay of the individual to collect the amount owed, if the individual is not currently making required repayment in accordance with any agreement between the agency head and the individual.
  • 31 U.S.C. § 3720D(b)(2)(A)
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    (A) the nature and amount of the debt to be collected;
  • 31 U.S.C. § 3720D(b)(2)(B)
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    (B) the intention of the agency to initiate proceedings to collect the debt through deductions from pay; and
  • 31 U.S.C. § 3720D(b)(3)
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    (3) The individual shall be provided an opportunity to inspect and copy records relating to the debt.
  • 31 U.S.C. § 3720D(b)(4)
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    (4) The individual shall be provided an opportunity to enter into a written agreement with the executive, judicial, or legislative agency, under terms agreeable to the head of the agency, to establish a schedule for repayment of the debt.
  • 31 U.S.C. § 3720D(b)(5)(A)
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    (A) the existence or the amount of the debt, and
  • 31 U.S.C. § 3720E(a)
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    (a) The head of any agency may, with the review of the Secretary of the Treasury, for the purpose of collecting any delinquent nontax debt owed by any person, publish or otherwise publicly disseminate information regarding the identity of the person and the existence of the nontax debt.
  • 31 U.S.C. § 3720E(b)(2)(A)
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    (A) standards for disseminating information that maximize collections of delinquent nontax debts, by directing actions under this section toward delinquent debtors that have assets or income sufficient to pay their delinquent nontax debt;
  • 31 U.S.C. § 3720E(b)(2)(B)
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    (B) procedures and requirements that prevent dissemination of information under this section regarding persons who have not had an opportunity to verify, contest, and compromise their nontax debt in accordance with this subchapter; and
  • 31 U.S.C. § 3721(a)(3)
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    (3) “settle” means consider, determine, adjust, and dispose of a claim by disallowance or by complete or partial allowance.
  • 31 U.S.C. § 3721(b)(1)
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    (1) The head of an agency may settle and pay not more than $40,000 for a claim against the Government made by a member of the uniformed services under the jurisdiction of the agency or by an officer or employee of the agency for damage to, or loss of, personal property incident to service. If, however, the claim arose from an emergency evacuation or from extraordinary circumstances, the amount settled and paid under the authority of the preceding sentence may exceed $40,000, but may not exceed $100,000. A claim allowed under this subsection may be paid in money or the personal property replaced in kind.
  • 31 U.S.C. § 3721(b)(2)
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    (2) The Secretary of State may waive the settlement and payment limitation referred to in paragraph (1) for claims for damage or loss by United States Government personnel under the jurisdiction of a chief of mission in a foreign country if such claims arise in circumstances where there is in effect a departure from the country authorized or ordered under circumstances described in section 5522(a) of title 5, if the Secretary determines that there exists exceptional circumstances that warrant such a waiver.
  • 31 U.S.C. § 3721(c)
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    (c) On paying a claim under this section, the Government is subrogated for the amount of the payment to a right or claim that the claimant may have against a foreign country for the damage or loss for which the Government made the payment.
  • 31 U.S.C. § 3721(d)
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    (d) The Mayor of the District of Columbia may settle and pay a claim against the District of Columbia government made by an officer or employee of the District of Columbia government to the same extent the head of an agency may settle and pay a claim under this section.
  • 31 U.S.C. § 3721(e)
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    (e) A claim may not be allowed under this section if the personal property damage or loss occurred at quarters occupied by the claimant in a State or the District of Columbia that were not assigned or provided in kind by the United States Government or the District of Columbia government.
  • 31 U.S.C. § 3721(f)
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    (f) A claim may be allowed under this section only if—
    (1) the claim is substantiated;
    (2) the head of the agency decides that possession of the property was reasonable or useful under the circumstances; and
    (3) no part of the loss was caused by any negligent or wrongful act of the claimant or an agent or employee of the claimant.
  • 31 U.S.C. § 3721(f)(1)
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    (1) the claim is substantiated;
  • 31 U.S.C. § 3721(g)
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    (g) A claim may be allowed under this section only if it is presented in writing within 2 years after the claim accrues. However, if a claim under subsection (b) of this section accrues during war or an armed conflict in which an armed force of the United States is involved, or has accrued within 2 years before war or an armed conflict begins, and for cause shown, the claim must be presented within 2 years after the cause no longer exists or after the war or armed conflict ends, whichever is earlier. An armed conflict begins and ends as stated in a concurrent resolution of Congress or a decision of the President.
  • 31 U.S.C. § 3721(h)(1)
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    (1) may settle and pay a claim made by the surviving spouse, child, parent, or brother or sister of a dead member, officer, or employee if the claim is otherwise payable under this section; and
  • 31 U.S.C. § 3721(h)(2)
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    (2) may settle and pay the claims by the survivors only in the following order:
    (A) the spouse’s claim.
    (B) a child’s claim.
    (C) a parent’s claim.
    (D) a brother’s or sister’s claim.
  • 31 U.S.C. § 3721(h)(2)(A)
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    (A) the spouse’s claim.
  • 31 U.S.C. § 3721(h)(2)(B)
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    (B) a child’s claim.
  • 31 U.S.C. § 3721(h)(2)(C)
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    (C) a parent’s claim.
  • 31 U.S.C. § 3721(h)(2)(D)
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    (D) a brother’s or sister’s claim.
  • 31 U.S.C. § 3721(i)
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    (i) Notwithstanding a contract, the representative of a claimant may not receive more than 10 percent of a payment of a claim made under this section for services related to the claim. A person violating this subsection shall be fined not more than $1,000.
  • 31 U.S.C. § 3721(k)
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    (k) Settlement of a claim under this section is final and conclusive.
  • 31 U.S.C. § 3722(a)
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    (a) The Attorney General may settle and pay not more than $1,000 in any one case for a claim made by an officer or employee at a United States Government penal or correctional institution for damage to, or loss of, personal property incident to employment.
  • 31 U.S.C. § 3722(b)
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    (b) A claim may not be allowed under this section if the loss occurred at quarters occupied by the claimant that were not assigned or provided in kind by the Government.
  • 31 U.S.C. § 3722(c)
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    (c) A claim may be allowed only if—
    (1) no part of the loss was caused by any negligent or wrongful act of the claimant or an agent or employee of the claimant;
    (2) the Attorney General decides that possession of the property was reasonable or useful under the circumstances; and
    (3) it is presented in writing within one year after it accrues.
  • 31 U.S.C. § 3722(d)
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    (d) A claim may be paid under this section only if the claimant accepts the amount of the settlement in complete satisfaction of the claim.
  • 31 U.S.C. § 3723(a)
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    (a) The head of an agency (except a military department of the Department of Defense or the Coast Guard) may settle a claim for not more than $1,000 for damage to, or loss of, privately owned property that—
    (1) is caused by the negligence of an officer or employee of the United States Government acting within the scope of employment; and
    (2) may not be settled under chapter 171 of title 28.
  • 31 U.S.C. § 3723(b)
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    (b) A claim under this section may be allowed only if it is presented to the head of the agency within one year after it accrues.
  • 31 U.S.C. § 3723(c)
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    (c) A claim under this section may be paid as provided in section 1304 of this title only if the claimant accepts the amount of the settlement in complete satisfaction of the claim against the Government.
  • 31 U.S.C. § 3724(a)
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    (a) The Attorney General may settle, for not more than $50,000 in any one case, a claim for personal injury, death, or damage to, or loss of, privately owned property, caused by an investigative or law enforcement officer as defined in section 2680(h) of title 28 who is employed by the Department of Justice acting within the scope of employment that may not be settled under chapter 171 of title 28. An officer or employee of the United States Government may not present a claim arising during the scope of employment. A claim may be allowed only if it is presented to the Attorney General within one year after it accrues.
  • 31 U.S.C. § 3724(b)
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    (b) A claim may be paid under this section only if the claimant accepts the amount of the settlement in complete satisfaction of the claim against the Government.
  • 31 U.S.C. § 3725(a)
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    (a) The Secretary of State may settle, for not more than $1,500 in any one case, a claim for personal injury or death of an individual not a national of the United States in a foreign country in which the United States exercises privileges of extraterritoriality when the injury or death is caused by an officer, employee, or agent of the United States Government (except of a military department of the Department of Defense or the Coast Guard). An officer or employee of the Government may not present a claim. A claim under this section may be allowed only if it is presented to the Secretary within one year after it accrues.
  • 31 U.S.C. § 3725(b)
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    (b) The Secretary shall certify to Congress a settlement under this section for payment out of an appropriation that may be made to pay the settlement. The Secretary shall include a brief statement on the type of the claim, the amount claimed, and the amount of the settlement.
  • 31 U.S.C. § 3725(c)
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    (c) A claim may be paid under this section only if the claimant accepts the amount of the settlement in complete satisfaction of the claim against the Government.
  • 31 U.S.C. § 3726(c)(1)
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    (1) The Administrator shall adjudicate transportation claims which cannot be resolved by the agency procuring the transportation services, or the carrier or freight-forwarder presenting the bill.
  • 31 U.S.C. § 3726(c)(2)
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    (2) A claim under this section shall be allowed only if it is received by the Administrator not later than 3 years (excluding time of war) after the later of the following dates:
    (A) The date of accrual of the claim.
    (B) The date payment for the transportation is made.
    (C) The date a refund for an overpayment for the transportation is made.
    (D) The date a deduction under subsection (d) of this section is made.
  • 31 U.S.C. § 3726(c)(2)(A)
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    (A) The date of accrual of the claim.
  • 31 U.S.C. § 3727(a)(1)
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    (1) a transfer or assignment of any part of a claim against the United States Government or of an interest in the claim; or
  • 31 U.S.C. § 3727(a)(2)
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    (2) the authorization to receive payment for any part of the claim.
  • 31 U.S.C. § 3727(b)
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    (b) An assignment may be made only after a claim is allowed, the amount of the claim is decided, and a warrant for payment of the claim has been issued. The assignment shall specify the warrant, must be made freely, and must be attested to by 2 witnesses. The person making the assignment shall acknowledge it before an official who may acknowledge a deed, and the official shall certify the assignment. The certificate shall state that the official completely explained the assignment when it was acknowledged. An assignment under this subsection is valid for any purpose.
  • 31 U.S.C. § 3728(a)
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    (a) The Secretary of the Treasury shall withhold paying that part of a judgment against the United States Government presented to the Secretary that is equal to a debt the plaintiff owes the Government.
  • 31 U.S.C. § 3728(b)(1)
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    (1) discharge the debt if the plaintiff agrees to the setoff and discharges a part of the judgment equal to the debt; or
  • 31 U.S.C. § 3728(b)(2)(A)
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    (A) withhold payment of an additional amount the Secretary decides will cover legal costs of bringing a civil action for the debt if the plaintiff denies the debt or does not agree to the setoff; and
  • 31 U.S.C. § 3728(c)
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    (c) If the Government loses a civil action to recover a debt or recovers less than the amount the Secretary withholds under this section, the Secretary shall pay the plaintiff the balance and interest of 6 percent for the time the money is withheld.
  • 31 U.S.C. § 3729(a)(1)(A)
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    (A) knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval;
  • 31 U.S.C. § 3729(a)(1)(B)
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    (B) knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim;
  • 31 U.S.C. § 3729(a)(1)(F)
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    (F) knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the Government, or a member of the Armed Forces, who lawfully may not sell or pledge property; or
  • 31 U.S.C. § 3729(a)(2)(A)
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    (A) the person committing the violation of this subsection furnished officials of the United States responsible for investigating false claims violations with all information known to such person about the violation within 30 days after the date on which the defendant first obtained the information;
  • 31 U.S.C. § 3729(b)(2)
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    (2) the term “claim”—
    (A) means any request or demand, whether under a contract or otherwise, for money or property and whether or not the United States has title to the money or property, that—
    (i) is presented to an officer, employee, or agent of the United States; or
    (ii) is made to a contractor, grantee, or other recipient, if the money or property is to be spent or used on the Government’s behalf or to advance a Government program or interest, and if the United States Government—
    (I) provides or has provided any portion of the money or property requested or demanded; or
    (II) will reimburse such contractor, grantee, or other recipient for any portion of the money or property which is requested or demanded; and
    (B) does not include requests or demands for money or property that the Government has paid to an individual as compensation for Federal employment or as an income subsidy with no restrictions on that individual’s use of the money or property;
  • 31 U.S.C. § 3729(d)
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    (d) This section does not apply to claims, records, or statements made under the Internal Revenue Code of 1986.
  • 31 U.S.C. § 3730(c)(5)
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    (5) Notwithstanding subsection (b), the Government may elect to pursue its claim through any alternate remedy available to the Government, including any administrative proceeding to determine a civil money penalty. If any such alternate remedy is pursued in another proceeding, the person initiating the action shall have the same rights in such proceeding as such person would have had if the action had continued under this section. Any finding of fact or conclusion of law made in such other proceeding that has become final shall be conclusive on all parties to an action under this section. For purposes of the preceding sentence, a finding or conclusion is final if it has been finally determined on appeal to the appropriate court of the United States, if all time for filing such an appeal with respect to the finding or conclusion has expired, or if the finding or conclusion is not subject to judicial review.
  • 31 U.S.C. § 3730(d)(1)
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    (1) If the Government proceeds with an action brought by a person under subsection (b), such person shall, subject to the second sentence of this paragraph, receive at least 15 percent but not more than 25 percent of the proceeds of the action or settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the action. Where the action is one which the court finds to be based primarily on disclosures of specific information (other than information provided by the person bringing the action) relating to allegations or transactions in a criminal, civil, or administrative hearing, in a congressional, administrative, or Government2 Accounting Office report, hearing, audit, or investigation, or from the news media, the court may award such sums as it considers appropriate, but in no case more than 10 percent of the proceeds, taking into account the significance of the information and the role of the person bringing the action in advancing the case to litigation. Any payment to a person under the first or second sentence of this paragraph shall be made from the proceeds. Any such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys’ fees and costs. All such expenses, fees, and costs shall be awarded against the defendant.
  • 31 U.S.C. § 3730(d)(2)
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    (2) If the Government does not proceed with an action under this section, the person bringing the action or settling the claim shall receive an amount which the court decides is reasonable for collecting the civil penalty and damages. The amount shall be not less than 25 percent and not more than 30 percent of the proceeds of the action or settlement and shall be paid out of such proceeds. Such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys’ fees and costs. All such expenses, fees, and costs shall be awarded against the defendant.
  • 31 U.S.C. § 3730(d)(4)
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    (4) If the Government does not proceed with the action and the person bringing the action conducts the action, the court may award to the defendant its reasonable attorneys’ fees and expenses if the defendant prevails in the action and the court finds that the claim of the person bringing the action was clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment.
  • 31 U.S.C. § 3730(e)(4)(A)
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    (A) The court shall dismiss an action or claim under this section, unless opposed by the Government, if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed—
    (i) in a Federal criminal, civil, or administrative hearing in which the Government or its agent is a party;
    (ii) in a congressional, Government Accountability Office, or other Federal report, hearing, audit, or investigation; or
    (iii) from the news media,
    unless the action is brought by the Attorney General or the person bringing the action is an original source of the information.
  • 31 U.S.C. § 3730(e)(4)(B)
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    (B) For purposes of this paragraph, “original source” means an individual who either (i) prior to a public disclosure under subsection (e)(4)(a), has voluntarily disclosed to the Government the information on which allegations or transactions in a claim are based, or (2) who has3 knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions, and who has voluntarily provided the information to the Government before filing an action under this section.
  • 31 U.S.C. § 3731(c)
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    (c) If the Government elects to intervene and proceed with an action brought under 3730(b),1 the Government may file its own complaint or amend the complaint of a person who has brought an action under section 3730(b) to clarify or add detail to the claims in which the Government is intervening and to add any additional claims with respect to which the Government contends it is entitled to relief. For statute of limitations purposes, any such Government pleading shall relate back to the filing date of the complaint of the person who originally brought the action, to the extent that the claim of the Government arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior complaint of that person.
  • 31 U.S.C. § 3733(a)(1)
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    (1) Whenever the Attorney General, or a designee (for purposes of this section), has reason to believe that any person may be in possession, custody, or control of any documentary material or information relevant to a false claims law investigation, the Attorney General, or a designee, may, before commencing a civil proceeding under section 3730(a) or other false claims law, or making an election under section 3730(b), issue in writing and cause to be served upon such person, a civil investigative demand requiring such person—
    (A) to produce such documentary material for inspection and copying,
    (B) to answer in writing written interrogatories with respect to such documentary material or information,
    (C) to give oral testimony concerning such documentary material or information, or
    (D) to furnish any combination of such material, answers, or testimony.
    The Attorney General may delegate the authority to issue civil investigative demands under this subsection. Whenever a civil investigative demand is an express demand for any product of discovery, the Attorney General, the Deputy Attorney General, or an Assistant Attorney General shall cause to be served, in any manner authorized by this section, a copy of such demand upon the person from whom the discovery was obtained and shall notify the person to whom such demand is issued of the date on which such copy was served. Any information obtained by the Attorney General or a designee of the Attorney General under this section may be shared with any qui tam relator if the Attorney General or designee determine it is necessary as part of any false claims act1 investigation.
  • 31 U.S.C. § 3733(a)(2)(A)
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    (A) Each civil investigative demand issued under paragraph (1) shall state the nature of the conduct constituting the alleged violation of a false claims law which is under investigation, and the applicable provision of law alleged to be violated.
  • 31 U.S.C. § 3733(a)(2)(B)(iii)
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    (iii) identify the false claims law investigator to whom such material shall be made available.
  • 31 U.S.C. § 3733(a)(2)(C)(iii)
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    (iii) identify the false claims law investigator to whom such answers shall be submitted.
  • 31 U.S.C. § 3733(a)(2)(D)(ii)
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    (ii) identify a false claims law investigator who shall conduct the examination and the custodian to whom the transcript of such examination shall be submitted;
  • 31 U.S.C. § 3733(c)(1)
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    (1) Any civil investigative demand issued under subsection (a) may be served by a false claims law investigator, or by a United States marshal or a deputy marshal, at any place within the territorial jurisdiction of any court of the United States.
  • 31 U.S.C. § 3733(f)(1)
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    (1) The production of documentary material in response to a civil investigative demand served under this section shall be made under a sworn certificate, in such form as the demand designates, by—
    (A) in the case of a natural person, the person to whom the demand is directed, or
    (B) in the case of a person other than a natural person, a person having knowledge of the facts and circumstances relating to such production and authorized to act on behalf of such person.
    The certificate shall state that all of the documentary material required by the demand and in the possession, custody, or control of the person to whom the demand is directed has been produced and made available to the false claims law investigator identified in the demand.
  • 31 U.S.C. § 3733(f)(2)
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    (2) Any person upon whom any civil investigative demand for the production of documentary material has been served under this section shall make such material available for inspection and copying to the false claims law investigator identified in such demand at the principal place of business of such person, or at such other place as the false claims law investigator and the person thereafter may agree and prescribe in writing, or as the court may direct under subsection (j)(1). Such material shall be made so available on the return date specified in such demand, or on such later date as the false claims law investigator may prescribe in writing. Such person may, upon written agreement between the person and the false claims law investigator, substitute copies for originals of all or any part of such material.
  • 31 U.S.C. § 3733(h)(2)
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    (2) The false claims law investigator conducting the examination shall exclude from the place where the examination is held all persons except the person giving the testimony, the attorney for and any other representative of the person giving the testimony, the attorney for the Government, any person who may be agreed upon by the attorney for the Government and the person giving the testimony, the officer before whom the testimony is to be taken, and any stenographer taking such testimony.
  • 31 U.S.C. § 3733(h)(3)
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    (3) The oral testimony of any person taken pursuant to a civil investigative demand served under this section shall be taken in the judicial district of the United States within which such person resides, is found, or transacts business, or in such other place as may be agreed upon by the false claims law investigator conducting the examination and such person.
  • 31 U.S.C. § 3733(h)(4)
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    (4) When the testimony is fully transcribed, the false claims law investigator or the officer before whom the testimony is taken shall afford the witness, who may be accompanied by counsel, a reasonable opportunity to examine and read the transcript, unless such examination and reading are waived by the witness. Any changes in form or substance which the witness desires to make shall be entered and identified upon the transcript by the officer or the false claims law investigator, with a statement of the reasons given by the witness for making such changes. The transcript shall then be signed by the witness, unless the witness in writing waives the signing, is ill, cannot be found, or refuses to sign. If the transcript is not signed by the witness within 30 days after being afforded a reasonable opportunity to examine it, the officer or the false claims law investigator shall sign it and state on the record the fact of the waiver, illness, absence of the witness, or the refusal to sign, together with the reasons, if any, given therefor.
  • 31 U.S.C. § 3733(h)(5)
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    (5) The officer before whom the testimony is taken shall certify on the transcript that the witness was sworn by the officer and that the transcript is a true record of the testimony given by the witness, and the officer or false claims law investigator shall promptly deliver the transcript, or send the transcript by registered or certified mail, to the custodian.
  • 31 U.S.C. § 3733(h)(6)
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    (6) Upon payment of reasonable charges therefor, the false claims law investigator shall furnish a copy of the transcript to the witness only, except that the Attorney General, the Deputy Attorney General, or an Assistant Attorney General may, for good cause, limit such witness to inspection of the official transcript of the witness’ testimony.
  • 31 U.S.C. § 3733(i)(1)
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    (1) The Attorney General shall designate a false claims law investigator to serve as custodian of documentary material, answers to interrogatories, and transcripts of oral testimony received under this section, and shall designate such additional false claims law investigators as the Attorney General determines from time to time to be necessary to serve as deputies to the custodian.
  • 31 U.S.C. § 3733(i)(2)(A)
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    (A) A false claims law investigator who receives any documentary material, answers to interrogatories, or transcripts of oral testimony under this section shall transmit them to the custodian. The custodian shall take physical possession of such material, answers, or transcripts and shall be responsible for the use made of them and for the return of documentary material under paragraph (4).
  • 31 U.S.C. § 3733(i)(2)(B)
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    (B) The custodian may cause the preparation of such copies of such documentary material, answers to interrogatories, or transcripts of oral testimony as may be required for official use by any false claims law investigator, or other officer or employee of the Department of Justice. Such material, answers, and transcripts may be used by any such authorized false claims law investigator or other officer or employee in connection with the taking of oral testimony under this section.
  • 31 U.S.C. § 3733(i)(2)(C)
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    (C) Except as otherwise provided in this subsection, no documentary material, answers to interrogatories, or transcripts of oral testimony, or copies thereof, while in the possession of the custodian, shall be available for examination by any individual other than a false claims law investigator or other officer or employee of the Department of Justice authorized under subparagraph (B). The prohibition in the preceding sentence on the availability of material, answers, or transcripts shall not apply if consent is given by the person who produced such material, answers, or transcripts, or, in the case of any product of discovery produced pursuant to an express demand for such material, consent is given by the person from whom the discovery was obtained. Nothing in this subparagraph is intended to prevent disclosure to the Congress, including any committee or subcommittee of the Congress, or to any other agency of the United States for use by such agency in furtherance of its statutory responsibilities.
  • 31 U.S.C. § 3733(i)(4)
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    (4) If any documentary material has been produced by any person in the course of any false claims law investigation pursuant to a civil investigative demand under this section, and—
    (A) any case or proceeding before the court or grand jury arising out of such investigation, or any proceeding before any Federal agency involving such material, has been completed, or
    (B) no case or proceeding in which such material may be used has been commenced within a reasonable time after completion of the examination and analysis of all documentary material and other information assembled in the course of such investigation,
    the custodian shall, upon written request of the person who produced such material, return to such person any such material (other than copies furnished to the false claims law investigator under subsection (f)(2) or made for the Department of Justice under paragraph (2)(B)) which has not passed into the control of any court, grand jury, or agency through introduction into the record of such case or proceeding.
  • 31 U.S.C. § 3733(i)(5)(A)
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    (A) designate another false claims law investigator to serve as custodian of such material, answers, or transcripts, and
  • 31 U.S.C. § 3733(j)(2)(A)
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    (A) Any person who has received a civil investigative demand issued under subsection (a) may file, in the district court of the United States for the judicial district within which such person resides, is found, or transacts business, and serve upon the false claims law investigator identified in such demand a petition for an order of the court to modify or set aside such demand. In the case of a petition addressed to an express demand for any product of discovery, a petition to modify or set aside such demand may be brought only in the district court of the United States for the judicial district in which the proceeding in which such discovery was obtained is or was last pending. Any petition under this subparagraph must be filed—
    (i) within 20 days after the date of service of the civil investigative demand, or at any time before the return date specified in the demand, whichever date is earlier, or
    (ii) within such longer period as may be prescribed in writing by any false claims law investigator identified in the demand.
  • 31 U.S.C. § 3733(j)(2)(A)(ii)
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    (ii) within such longer period as may be prescribed in writing by any false claims law investigator identified in the demand.
  • 31 U.S.C. § 3733(j)(3)(A)
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    (A) In the case of any civil investigative demand issued under subsection (a) which is an express demand for any product of discovery, the person from whom such discovery was obtained may file, in the district court of the United States for the judicial district in which the proceeding in which such discovery was obtained is or was last pending, and serve upon any false claims law investigator identified in the demand and upon the recipient of the demand, a petition for an order of such court to modify or set aside those portions of the demand requiring production of any such product of discovery. Any petition under this subparagraph must be filed—
    (i) within 20 days after the date of service of the civil investigative demand, or at any time before the return date specified in the demand, whichever date is earlier, or
    (ii) within such longer period as may be prescribed in writing by any false claims law investigator identified in the demand.
  • 31 U.S.C. § 3733(j)(3)(A)(ii)
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    (ii) within such longer period as may be prescribed in writing by any false claims law investigator identified in the demand.
  • 31 U.S.C. § 3733(l)(1)
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    (1) the term “false claims law” means—
    (A) this section and sections 3729 through 3732; and
    (B) any Act of Congress enacted after the date of the enactment of this section which prohibits, or makes available to the United States in any court of the United States any civil remedy with respect to, any false claim against, bribery of, or corruption of any officer or employee of the United States;
  • 31 U.S.C. § 3733(l)(1)(B)
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    (B) any Act of Congress enacted after the date of the enactment of this section which prohibits, or makes available to the United States in any court of the United States any civil remedy with respect to, any false claim against, bribery of, or corruption of any officer or employee of the United States;
  • 31 U.S.C. § 3733(l)(2)
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    (2) the term “false claims law investigation” means any inquiry conducted by any false claims law investigator for the purpose of ascertaining whether any person is or has been engaged in any violation of a false claims law;
  • 31 U.S.C. § 3733(l)(3)
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    (3) the term “false claims law investigator” means any attorney or investigator employed by the Department of Justice who is charged with the duty of enforcing or carrying into effect any false claims law, or any officer or employee of the United States acting under the direction and supervision of such attorney or investigator in connection with a false claims law investigation;
  • 31 U.S.C. § 3801(a)(3)
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    (3) “claim” means any request, demand, or submission—
    (A) made to an authority for property, services, or money (including money representing grants, loans, insurance, or benefits);
    (B) made to a recipient of property, services, or money from an authority or to a party to a contract with an authority—
    (i) for property or services if the United States—
    (I) provided such property or services;
    (II) provided any portion of the funds for the purchase of such property or services; or
    (III) will reimburse such recipient or party for the purchase of such property or services; or
    (ii) for the payment of money (including money representing grants, loans, insurance, or benefits) if the United States—
    (I) provided any portion of the money requested or demanded; or
    (II) will reimburse such recipient or party for any portion of the money paid on such request or demand; or
    (C) made to an authority which has the effect of concealing or improperly avoiding or decreasing an obligation to pay or transmit property, services, or money to the authority,
    except that such term does not include any claim made in any return of tax imposed by the Internal Revenue Code of 1986;
  • 31 U.S.C. § 3801(a)(5)
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    (5) “knows or has reason to know”, for purposes of establishing liability under section 3802, means that a person, with respect to a claim or statement—
    (A) has actual knowledge that the claim or statement is false, fictitious, or fraudulent;
    (B) acts in deliberate ignorance of the truth or falsity of the claim or statement; or
    (C) acts in reckless disregard of the truth or falsity of the claim or statement,
    and no proof of specific intent to defraud is required;
  • 31 U.S.C. § 3801(a)(5)(A)
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    (A) has actual knowledge that the claim or statement is false, fictitious, or fraudulent;
  • 31 U.S.C. § 3801(a)(5)(B)
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    (B) acts in deliberate ignorance of the truth or falsity of the claim or statement; or
  • 31 U.S.C. § 3801(a)(5)(C)
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    (C) acts in reckless disregard of the truth or falsity of the claim or statement,
  • 31 U.S.C. § 3801(a)(9)(A)
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    (A) with respect to a claim or to obtain the approval or payment of a claim (including relating to eligibility to make a claim); or
  • 31 U.S.C. § 3801(b)(1)
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    (1) each voucher, invoice, claim form, or other individual request or demand for property, services, or money constitutes a separate claim;
  • 31 U.S.C. § 3801(b)(2)
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    (2) each claim for property, services, or money is subject to this chapter regardless of whether such property, services, or money is actually delivered or paid; and
  • 31 U.S.C. § 3801(b)(3)
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    (3) a claim shall be considered made, presented, or submitted to an authority, recipient, or party when such claim is actually made to an agent, fiscal intermediary, or other entity, including any State or political subdivision thereof, acting for or on behalf of such authority, recipient, or party.
  • 31 U.S.C. § 3802(a)(1)
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    (1) Any person who makes, presents, or submits, or causes to be made, presented, or submitted, a claim that the person knows or has reason to know—
    (A) is false, fictitious, or fraudulent;
    (B) includes or is supported by any written statement which asserts a material fact which is false, fictitious, or fraudulent;
    (C) includes or is supported by any written statement that—
    (i) omits a material fact;
    (ii) is false, fictitious, or fraudulent as a result of such omission; and
    (iii) is a statement in which the person making, presenting, or submitting such statement has a duty to include such material fact; or
    (D) is for payment for the provision of property or services which the person has not provided as claimed,
    shall be subject to, in addition to any other remedy that may be prescribed by law, a civil penalty of not more than $5,000 for each such claim. Except as provided in paragraph (3) of this subsection, such person shall also be subject to an assessment, in lieu of damages sustained by the United States because of such claim, of not more than twice the amount of such claim, or the portion of such claim, which is determined under this chapter to be in violation of the preceding sentence.
  • 31 U.S.C. § 3802(a)(3)(A)
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    (A) Except as provided in subparagraph (B), an assessment shall not be made under the second sentence of paragraph (1) with respect to a claim if payment by the Government has not been made on such claim.
  • 31 U.S.C. § 3802(a)(3)(B)
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    (B) In the case of a claim described in section 3801(a)(3)(C), an assessment shall not be made under the second sentence of paragraph (1) in an amount that is more than double the value of the property, services, or money that was wrongfully withheld from the authority.
  • 31 U.S.C. § 3803(a)(2)(C)
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    (C) a description of the claims or statements for which liability under section 3802 of this title is alleged;
  • 31 U.S.C. § 3803(a)(2)(E)
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    (E) a statement of any exculpatory or mitigating circumstances which may relate to such claims or statements.
  • 31 U.S.C. § 3803(b)(3)
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    (3) If the Attorney General or an Assistant Attorney General designated by the Attorney General transmits to an authority head a written finding that the continuation of any hearing under this section with respect to a claim or statement may adversely affect any pending or potential criminal or civil action related to such claim or statement, such hearing shall be immediately stayed and may be resumed only upon written authorization of the Attorney General.
  • 31 U.S.C. § 3803(c)(1)
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    (1) No allegations of liability under section 3802 of this title with respect to any claim made, presented, or submitted by any person shall be referred to a presiding officer under paragraph (2) of subsection (b) if the reviewing official determines that—
    (A) an amount of money in excess of $1,000,000; or
    (B) property or services with a value in excess of $1,000,000,
    is requested or demanded in violation of section 3802 of this title in such claim or in a group of related claims which are submitted at the time such claim is submitted.
  • 31 U.S.C. § 3803(c)(2)(A)
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    (A) Except as provided in subparagraph (B) of this paragraph, no allegations of liability against an individual under section 3802 of this title with respect to any claim or statement made, presented, or submitted, or caused to be made, presented, or submitted, by such individual relating to any benefits received by such individual shall be referred to a presiding officer under paragraph (2) of subsection (b).
  • 31 U.S.C. § 3803(c)(2)(B)
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    (B) Allegations of liability against an individual under section 3802 of this title with respect to any claim or statement made, presented, or submitted, or caused to be made, presented, or submitted, by such individual relating to any benefits received by such individual may be referred to a presiding officer under paragraph (2) of subsection (b) if—
    (i) such claim or statement is made by such individual in making application for such benefits;
    (ii) such allegations relate to the eligibility of such individual to receive such benefits; and
    (iii) with respect to such claim or statement, the individual—
    (I) has actual knowledge that the claim or statement is false, fictitious, or fraudulent;
    (II) acts in deliberate ignorance of the truth or falsity of the claim or statement; or
    (III) acts in reckless disregard of the truth or falsity of the claim or statement.
  • 31 U.S.C. § 3803(c)(2)(B)(i)
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    (i) such claim or statement is made by such individual in making application for such benefits;
  • 31 U.S.C. § 3803(c)(2)(B)(iii)
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    (iii) with respect to such claim or statement, the individual—
    (I) has actual knowledge that the claim or statement is false, fictitious, or fraudulent;
    (II) acts in deliberate ignorance of the truth or falsity of the claim or statement; or
    (III) acts in reckless disregard of the truth or falsity of the claim or statement.
  • 31 U.S.C. § 3803(c)(2)(B)(iii)(I)
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    (I) has actual knowledge that the claim or statement is false, fictitious, or fraudulent;
  • 31 U.S.C. § 3803(c)(2)(B)(iii)(II)
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    (II) acts in deliberate ignorance of the truth or falsity of the claim or statement; or
  • 31 U.S.C. § 3803(c)(2)(B)(iii)(III)
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    (III) acts in reckless disregard of the truth or falsity of the claim or statement.
  • 31 U.S.C. § 3803(g)(4)(B)
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    (B) in the judicial district of the United States in which the claim or statement upon which the allegation of liability under such section was made, presented, or submitted; or
  • 31 U.S.C. § 3805(b)(1)(A)(ii)
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    (ii) the United States district court for the district in which the claim or statement upon which the determination of liability is based was made, presented, or submitted; or
  • 31 U.S.C. § 3806(d)
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    (d) Any action under subsection (b) of this section may, without regard to venue requirements, be joined and consolidated with or asserted as a counterclaim, cross-claim, or setoff by the United States in any other civil action which includes as parties the United States and the person against whom such action may be brought.
  • 31 U.S.C. § 3806(e)
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    (e) The United States Court of Federal Claims shall have jurisdiction of any action under subsection (b) of this section to recover any penalty or assessment if the cause of action is asserted by the United States as a counterclaim in a matter pending in such court.
  • 31 U.S.C. § 3806(g)(2)(B)
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    (B) Any amount of a penalty or assessment imposed by the Secretary of Health and Human Services under this chapter with respect to a claim or statement made in connection with old age and survivors benefits under title II of the Social Security Act shall be deposited in the Federal Old-Age and Survivors Insurance Trust Fund.
  • 31 U.S.C. § 3806(g)(2)(C)
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    (C) Any amount of a penalty or assessment imposed by the Secretary of Health and Human Services under this chapter with respect to a claim or statement made in connection with disability benefits under title II of the Social Security Act shall be deposited in the Federal Disability Insurance Trust Fund.
  • 31 U.S.C. § 3806(g)(2)(D)
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    (D) Any amount of a penalty or assessment imposed by the Secretary of Health and Human Services under this chapter with respect to a claim or statement made in connection with benefits under part A of title XVIII of the Social Security Act shall be deposited in the Federal Hospital Insurance Trust Fund.
  • 31 U.S.C. § 3806(g)(2)(E)
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    (E) Any amount of a penalty or assessment imposed by the Secretary of Health and Human Services under this chapter with respect to a claim or statement made in connection with benefits under part B of title XVIII of the Social Security Act shall be deposited in the Federal Supplementary Medical Insurance Trust Fund.
  • 31 U.S.C. § 3808(a)
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    (a) A notice to the person alleged to be liable with respect to a claim or statement shall be mailed or delivered in accordance with section 3803(d)(1) not later than the later of—
    (1) 6 years after the date on which the violation of section 3802 is committed; or
    (2) 3 years after the date on which facts material to the action are known or reasonably should have been known by the authority head, but in no event more than 10 years after the date on which the violation is committed.
  • 31 U.S.C. § 3808(c)
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    (c) If at any time during the course of proceedings brought pursuant to this chapter the authority head receives or discovers any specific information regarding bribery, gratuities, conflict of interest, or other corruption or similar activity in relation to a false claim or statement, the authority head shall immediately report such information to the Attorney General, and in the case of an authority in which an Office of Inspector General is established by chapter 4 of title 5 or by any other Federal law, to the Inspector General of that authority.
  • 31 U.S.C. § 3901(d)(2)
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    (2) A claim for an interest penalty not paid under this chapter may be filed in the same manner as claims are filed with respect to contracts to provide property or services for the District of Columbia Courts.
  • 31 U.S.C. § 3901(d)(3)(A)
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    (A) Except as provided in subparagraph (B), an interest penalty under this chapter does not continue to accrue for more than one year or after a claim for an interest penalty is filed in the manner described in paragraph (2), whichever is earlier.
  • 31 U.S.C. § 3901(d)(3)(B)
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    (B) If a claim for an interest penalty is filed in the manner described in paragraph (2) and interest is not available for such claims under the laws and regulations governing claims under contracts to provide property or services for the District of Columbia Courts, interest will accrue under this chapter as provided in paragraph (A) and from the date the claim is filed until the date the claim is paid.
  • 31 U.S.C. § 3901(d)(4)
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    (4) Paragraph (3) of this subsection does not prevent an interest penalty from accruing on a claim if such interest is available for such claim under the laws and regulations governing claims under contracts to provide property or services for the District of Columbia Courts. Such interest may accrue on an unpaid contract payment and on the unpaid penalty under this chapter.
  • 31 U.S.C. § 3901(d)(5)
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    (5) Except as provided in section 3904 of this title, this chapter does not require an interest penalty on a payment that is not made because of a dispute between the head of an agency and a business concern over the amount of payment or compliance with the contract. A claim related to the dispute, and any interest payable for the period during which the dispute is being resolved, is subject to the laws and regulations governing claims under contracts to provide property or services for the District of Columbia Courts.
  • 31 U.S.C. § 3902(e)
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    (e) An amount of an interest penalty unpaid after any 30-day period shall be added to the principal amount of the debt, and a penalty accrues thereafter on the added amount.
  • 31 U.S.C. § 3905(k)
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    (k) A contractor’s obligation to pay an interest penalty to a subcontractor pursuant to the clauses included in a subcontract under subsection (b) or (c) of this section may not be construed to be an obligation of the United States for such interest penalty. A contract modification may not be made for the purpose of providing reimbursement of such interest penalty. A cost reimbursement claim may not include any amount for reimbursement of such interest penalty.
  • 31 U.S.C. § 3907(a)
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    (a) A claim for an interest penalty not paid under this chapter may be filed under section 7103 of title 41.
  • 31 U.S.C. § 3907(b)(1)(A)
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    (A) after a claim for a penalty is filed under chapter 71 of title 41; or
  • 31 U.S.C. § 3907(c)
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    (c) Except as provided in section 3904 of this title, this chapter does not require an interest penalty on a payment that is not made because of a dispute between the head of an agency and a business concern over the amount of payment or compliance with the contract. A claim related to the dispute, and interest payable for the period during which the dispute is being resolved, is subject to chapter 71 of title 41.

Citations to §3701(c)

  • 31 U.S.C. § 3105(c)(7)
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    (7) the maximum amount issued in a year that may be held by one person.
  • 31 U.S.C. § 3106(c)
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    (c) Section 3105(c)(1)–(5) of this title applies to this section. Sections 3105(c)(6) and (d) and 3126 of this title apply to this section to the extent consistent with this section. The Secretary may prescribe the maximum amount of retirement and savings bonds issued under this section in a year that may be held by one person. However, the maximum amount shall be at least $3,000.
  • 31 U.S.C. § 3109(a)
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    (a) The Secretary of the Treasury may issue tax and loss bonds of the United States Government and may buy, redeem, and make refunds under section 3111 of this title. The proceeds of the tax and loss bonds shall be used for expenditures authorized by law. Tax and loss bonds are nontransferrable except as provided by the Secretary, bear no interest, and shall be issued in amounts needed to allow persons to comply with section 832(e) of the Internal Revenue Code of 1986 (26 U.S.C. 832(e)). The Secretary may prescribe the amount of tax and loss bonds and the conditions under which the bonds will be issued as required by section 832(e).
  • 31 U.S.C. § 3302(c)(1)
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    (1) A person having custody or possession of public money, including a disbursing official having public money not for current expenditure, shall deposit the money without delay in the Treasury or with a depositary designated by the Secretary of the Treasury under law. Except as provided in paragraph (2), money required to be deposited pursuant to this subsection shall be deposited not later than the third day after the custodian receives the money. The Secretary or a depositary receiving a deposit shall issue duplicate receipts for the money deposited. The original receipt is for the Secretary and the duplicate is for the custodian.
  • 31 U.S.C. § 3302(c)(2)
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    (2) The Secretary of the Treasury may by regulation prescribe that a person having custody or possession of money required by this subsection to be deposited shall deposit such money during a period of time that is greater or lesser than the period of time specified by the second sentence of paragraph (1).
  • 31 U.S.C. § 3322(a)(2)(B)
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    (B) payable to persons to whom payment is to be made.
  • 31 U.S.C. § 3325(c)
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    (c) On request, the Secretary of the Treasury may provide to the appropriate officer or employee of the United States Government a list of persons receiving periodic payments from the Government. When certified and in proper form, the list may be used as a voucher on which the Secretary may disburse money.
  • 31 U.S.C. § 3325(d)
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    (d) The head of an executive agency or an officer or employee of an executive agency referred to in subsection (a)(1)(B), as applicable, shall include with each certified voucher submitted to a disbursing official pursuant to this section the taxpayer identifying number of each person to whom payment may be made under the voucher.
  • 31 U.S.C. § 3329(c)(1)
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    (1) a person claiming payment satisfies the Secretary of the right to the amount of the check or warrant (or satisfies the Secretary of Veterans Affairs if the claim represents a payment under laws administered by the Secretary of Veterans Affairs); and
  • 31 U.S.C. § 3329(c)(2)
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    (2) the Secretary is reasonably ensured that the person—
    (A) will receive the check or warrant; and
    (B) will be able to negotiate it for full value.
  • 31 U.S.C. § 3330(a)(1)(C)
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    (C) to be sent to a person in the United States or a territory or possession of the United States, and the person is legally responsible for the care of an individual in a foreign country.
  • 31 U.S.C. § 3330(c)(4)
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    (4) in any other case, only to the extent necessary to reimburse a person for burial expenses.
  • 31 U.S.C. § 3351(5)
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    (5) The term “payment” means any transfer or commitment for future transfer of Federal funds such as cash, securities, loans, loan guarantees, and insurance subsidies to any non-Federal person or entity or a Federal employee, that is made by a Federal agency, a Federal contractor, a Federal grantee, or a governmental or other organization administering a Federal program or activity.
  • 31 U.S.C. § 3521(f)
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    (f) For each audited financial statement required under subsection (a) of section 3515 of this title, the person who audits the statement for purpose of subsection (e) of this section shall submit a report on the audit to the head of the agency and the Controller of the Office of Federal Financial Management. A report under this subsection shall be prepared in accordance with generally accepted government auditing standards.
  • 31 U.S.C. § 3542(b)(2)
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    (2) If the personal property of the official is not enough to satisfy a distress warrant, the marshal shall sell real property of the official after advertising the property for at least 3 weeks in at least 3 public places in the county or district where the property is located. A buyer of the real property has valid title against all persons claiming under the official.
  • 31 U.S.C. § 3543(b)(1)
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    (1) A person adversely affected by a distress warrant issued under section 3541 of this title may bring a civil action in a district court of the United States. The complaint shall state the kind and extent of the harm. The court may grant an injunction to stay any part of a distress warrant proceeding required by the action after the person applying for the injunction gives a bond in an amount the court prescribes for carrying out a judgment.
  • 31 U.S.C. § 3543(c)
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    (c) A person adversely affected by a refusal to grant an injunction or by dissolving an injunction under subsection (b) of this section may petition a judge of a circuit court of appeals in which the district is located or the Supreme Court justice allotted to that circuit by giving the judge or justice a copy of the proceeding held before the district judge. The judge or justice may grant an injunction or allow an appeal if the judge or justice finds the case requires it.
  • 31 U.S.C. § 3545
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    The Attorney General shall bring a civil action to recover an amount due to the United States Government on settlement of the account of a person accountable for public money when the person neglects or refuses to pay the amount to the Treasury. Any commission of that person and interest of 6 percent a year from the time the money is received by the person until repaid to the Treasury shall be added to the amount due on the account. The commission is forfeited when judgment is obtained.
  • 31 U.S.C. § 3553(g)
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    (g) If an interested party files a protest in connection with a public-private competition described in section 3551(2)(B) of this title, a person representing a majority of the employees of the Federal agency who are engaged in the performance of the activity or function subject to the public-private competition may intervene in protest.
  • 31 U.S.C. § 3555(c)(1)(A)
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    (A) a person filing a protest under this subchapter may file the protest through electronic means; and
  • 31 U.S.C. § 3555(c)(2)(A)
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    (A) The Comptroller General may require each person who files a protest under this subchapter to pay a fee to support the establishment and operation of the electronic system under this subsection, without regard to whether or not the person uses the system with respect to the protest.
  • 31 U.S.C. § 3711(a)(3)
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    (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.
  • 31 U.S.C. § 3711(e)(1)
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    (1) When trying to collect a claim of the Government under a law except the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.), the head of an executive, judicial, or legislative agency shall disclose to a consumer reporting agency information from a system of records that a person is responsible for a claim if—
    (A) notice required by section 552a(e)(4) of title 5 indicates that information in the system may be disclosed to a consumer reporting agency;
    (B) the head of the agency has reviewed the claim and decided that the claim is valid and overdue;
    (C) the head of the agency has notified the person in writing—
    (i) that payment of the claim is overdue;
    (ii) that, within not less than 60 days after sending the notice, the head of the agency intends to disclose to a consumer reporting agency that the person is responsible for the claim;
    (iii) of the specific information to be disclosed to the consumer reporting agency; and
    (iv) of the rights the person has to a complete explanation of the claim, to dispute information in the records of the agency about the claim, and to administrative repeal or review of the claim;
    (D) the person has not—
    (i) repaid or agreed to repay the claim under a written repayment plan that the person has signed and the head of the agency has agreed to; or
    (ii) filed for review of the claim under paragraph (2) of this subsection;
    (E) the head of the agency has established procedures to—
    (i) disclose promptly, to each consumer reporting agency to which the original disclosure was made, a substantial change in the condition or amount of the claim;
    (ii) verify or correct promptly information about the claim on request of a consumer reporting agency for verification of information disclosed; and
    (iii) get satisfactory assurances from each consumer reporting agency that the agency is complying with all laws of the United States related to providing consumer credit information; and
    (F) the information disclosed to the consumer reporting agency is limited to—
    (i) information necessary to establish the identity of the person, including name, address, and taxpayer identification number;
    (ii) the amount, status, and history of the claim; and
    (iii) the agency or program under which the claim arose.
  • 31 U.S.C. § 3711(e)(1)(C)
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    (C) the head of the agency has notified the person in writing—
    (i) that payment of the claim is overdue;
    (ii) that, within not less than 60 days after sending the notice, the head of the agency intends to disclose to a consumer reporting agency that the person is responsible for the claim;
    (iii) of the specific information to be disclosed to the consumer reporting agency; and
    (iv) of the rights the person has to a complete explanation of the claim, to dispute information in the records of the agency about the claim, and to administrative repeal or review of the claim;
  • 31 U.S.C. § 3711(e)(1)(C)(ii)
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    (ii) that, within not less than 60 days after sending the notice, the head of the agency intends to disclose to a consumer reporting agency that the person is responsible for the claim;
  • 31 U.S.C. § 3711(e)(1)(C)(iv)
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    (iv) of the rights the person has to a complete explanation of the claim, to dispute information in the records of the agency about the claim, and to administrative repeal or review of the claim;
  • 31 U.S.C. § 3711(e)(1)(D)
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    (D) the person has not—
    (i) repaid or agreed to repay the claim under a written repayment plan that the person has signed and the head of the agency has agreed to; or
    (ii) filed for review of the claim under paragraph (2) of this subsection;
  • 31 U.S.C. § 3711(e)(1)(D)(i)
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    (i) repaid or agreed to repay the claim under a written repayment plan that the person has signed and the head of the agency has agreed to; or
  • 31 U.S.C. § 3711(e)(1)(F)(i)
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    (i) information necessary to establish the identity of the person, including name, address, and taxpayer identification number;
  • 31 U.S.C. § 3711(e)(2)
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    (2) Before disclosing information to a consumer reporting agency under paragraph (1) of this subsection and at other times allowed by law, the head of an executive, judicial, or legislative agency shall provide, on request of a person alleged by the agency to be responsible for the claim, for a review of the obligation of the person, including an opportunity for reconsideration of the initial decision on the claim.
  • 31 U.S.C. § 3711(e)(3)
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    (3) Before disclosing information to a consumer reporting agency under paragraph (1) of this subsection, the head of an executive, judicial, or legislative agency shall take reasonable action to locate a person for whom the head of the agency does not have a current address to send the notice under paragraph (1)(C).
  • 31 U.S.C. § 3711(e)(4)
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    (4) The head of each executive agency shall require, as a condition for insuring or guaranteeing any loan, financing, or other extension of credit under any law to a person, that the lender provide information relating to the extension of credit to consumer reporting agencies or commercial reporting agencies, as appropriate.
  • 31 U.S.C. § 3711(e)(5)
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    (5) The head of each executive agency may provide to a consumer reporting agency or commercial reporting agency information from a system of records that a person is responsible for a claim which is current, if notice required by section 552a(e)(4) of title 5 indicates that information in the system may be disclosed to a consumer reporting agency or commercial reporting agency, respectively.
  • 31 U.S.C. § 3711(f)(1)
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    (1) The Secretary of Defense may suspend or terminate an action by the Secretary or by the Secretary of a military department under subsection (a) to collect a claim against the estate of a person who died while serving on active duty as a member of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard during a period when the Coast Guard is operating as a service in the Navy if the Secretary determines that, under the circumstances applicable with respect to the deceased person, it is appropriate to do so.
  • 31 U.S.C. § 3711(f)(2)
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    (2) The Secretary of Homeland Security may suspend or terminate an action by the Secretary under subsection (a) to collect a claim against the estate of a person who died while serving on active duty as a member of the Coast Guard if the Secretary determines that, under the circumstances applicable with respect to the deceased person, it is appropriate to do so.
  • 31 U.S.C. § 3711(f)(3)
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    (3) The Secretary of Veterans Affairs may suspend or terminate an action by the Secretary under subsection (a) to collect a claim against the estate of a person who died while serving on active duty as a member of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard during a period when the Coast Guard is operating as a service in the Navy if the Secretary determines that, under the circumstances applicable with respect to the deceased person, it is appropriate to do so.
  • 31 U.S.C. § 3711(g)(5)(D)
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    (D) refer delinquent debts to the person most appropriate to collect the type or amount of claim involved.
  • 31 U.S.C. § 3711(h)(1)
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    (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.
  • 31 U.S.C. § 3712(d)
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    (d) The Government waives all claims against a person arising from dual pay from the Government if the dual pay is not reported to the Comptroller General for collection within 6 years from the last date of a period of dual pay.
  • 31 U.S.C. § 3713(a)(1)(A)
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    (A) a person indebted to the Government is insolvent and—
    (i) the debtor without enough property to pay all debts makes a voluntary assignment of property;
    (ii) property of the debtor, if absent, is attached; or
    (iii) an act of bankruptcy is committed; or
  • 31 U.S.C. § 3713(b)
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    (b) A representative of a person or an estate (except a trustee acting under title 11) paying any part of a debt of the person or estate before paying a claim of the Government is liable to the extent of the payment for unpaid claims of the Government.
  • 31 U.S.C. § 3716(a)
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    (a) After trying to collect a claim from a person under section 3711(a) of this title, the head of an executive, judicial, or legislative agency may collect the claim by administrative offset. The head of the agency may collect by administrative offset only after giving the debtor—
    (1) written notice of the type and amount of the claim, the intention of the head of the agency to collect the claim by administrative offset, and an explanation of the rights of the debtor under this section;
    (2) an opportunity to inspect and copy the records of the agency related to the claim;
    (3) an opportunity for a review within the agency of the decision of the agency related to the claim; and
    (4) an opportunity to make a written agreement with the head of the agency to repay the amount of the claim.
  • 31 U.S.C. § 3716(c)(6)(A)
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    (A) Any Federal agency that is owed by a person a past due, legally enforceable nontax debt that is over 120 days delinquent, including nontax debt administered by a third party acting as an agent for the Federal Government, shall notify the Secretary of the Treasury of all such nontax debts for purposes of administrative offset under this subsection.
  • 31 U.S.C. § 3717(a)(1)
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    (1) The head of an executive, judicial, or legislative agency shall charge a minimum annual rate of interest on an outstanding debt on a United States Government claim owed by a person that is equal to the average investment rate for the Treasury tax and loan accounts for the 12-month period ending on September 30 of each year, rounded to the nearest whole percentage point. The Secretary of the Treasury shall publish the rate before November 1 of that year. The rate is effective on the first day of the next calendar quarter.
  • 31 U.S.C. § 3717(e)
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    (e) The head of an executive, judicial, or legislative agency shall assess on a claim owed by a person—
    (1) a charge to cover the cost of processing and handling a delinquent claim; and
    (2) a penalty charge of not more than 6 percent a year for failure to pay a part of a debt more than 90 days past due.
  • 31 U.S.C. § 3718(a)
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    (a) Under conditions the head of an executive, judicial, or legislative agency considers appropriate, the head of the agency may enter into a contract with a person for collection service to recover indebtedness owed, or to locate or recover assets of, the United States Government. The head of an agency may not enter into a contract under the preceding sentence to locate or recover assets of the United States held by a State government or financial institution unless that agency has established procedures approved by the Secretary of the Treasury to identify and recover such assets. The contract shall provide that—
    (1) the head of the agency retains the authority to resolve a dispute, compromise a claim, end collection action, and refer a matter to the Attorney General to bring a civil action; and
    (2) the person is subject to—
    (A) section 552a of title 5, to the extent provided in section 552a(m); and
    (B) laws and regulations of the United States Government and State governments related to debt collection practices.
  • 31 U.S.C. § 3718(a)(2)
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    (2) the person is subject to—
    (A) section 552a of title 5, to the extent provided in section 552a(m); and
    (B) laws and regulations of the United States Government and State governments related to debt collection practices.
  • 31 U.S.C. § 3718(d)
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    (d) Notwithstanding section 3302(b) of this title, a contract under subsection (a) or (b) of this section may provide that a fee a person charges to recover indebtedness owed, or to locate or recover assets of, the United States Government is payable from the amount recovered.
  • 31 U.S.C. § 3718(e)
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    (e) A contract under subsection (a) or (b) of this section is effective only to the extent and in the amount provided in an appropriation law. This limitation does not apply in the case of a contract that authorizes a person to collect a fee as provided in subsection (d) of this section.
  • 31 U.S.C. § 3720A(a)
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    (a) Any Federal agency that is owed by a person a past-due, legally enforceable debt (including debt administered by a third party acting as an agent for the Federal Government) shall, and any agency subject to section 9 of the Act of May 18, 1933 (16 U.S.C. 831h), owed such a debt may, in accordance with regulations issued pursuant to subsections (b) and (d), notify the Secretary of the Treasury at least once each year of the amount of such debt.
  • 31 U.S.C. § 3720A(b)(1)
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    (1) notifies the person incurring such debt that such agency proposes to take action pursuant to such paragraph with respect to such debt;
  • 31 U.S.C. § 3720A(b)(2)
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    (2) gives such person at least 60 days to present evidence that all or part of such debt is not past-due or not legally enforceable;
  • 31 U.S.C. § 3720A(b)(3)
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    (3) considers any evidence presented by such person and determines that an amount of such debt is past due and legally enforceable;
  • 31 U.S.C. § 3720A(c)
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    (c) Upon receiving notice from any Federal agency that a named person owes to such agency a past-due legally enforceable debt, the Secretary of the Treasury shall determine whether any amounts, as refunds of Federal taxes paid, are payable to such person. If the Secretary of the Treasury finds that any such amount is payable, he shall reduce such refunds by an amount equal to the amount of such debt, pay the amount of such reduction to such agency, and notify such agency of the individual’s home address.
  • 31 U.S.C. § 3720B(a)
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    (a) Unless this subsection is waived by the head of a Federal agency, a person may not obtain any Federal financial assistance in the form of a loan (other than a disaster loan or a marketing assistance loan or loan deficiency payment under subtitle C of the Agricultural Market Transition Act (7 U.S.C. 7231 et seq.)) or loan insurance or guarantee administered by the agency if the person has an outstanding debt (other than a debt under the Internal Revenue Code of 1986) with any Federal agency which is in a delinquent status, as determined under standards prescribed by the Secretary of the Treasury. Such a person may obtain additional loans or loan guarantees only after such delinquency is resolved in accordance with those standards. The Secretary of the Treasury may exempt, at the request of an agency, any class of claims.
  • 31 U.S.C. § 3720E(a)
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    (a) The head of any agency may, with the review of the Secretary of the Treasury, for the purpose of collecting any delinquent nontax debt owed by any person, publish or otherwise publicly disseminate information regarding the identity of the person and the existence of the nontax debt.
  • 31 U.S.C. § 3720E(b)(2)(B)
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    (B) procedures and requirements that prevent dissemination of information under this section regarding persons who have not had an opportunity to verify, contest, and compromise their nontax debt in accordance with this subchapter; and
  • 31 U.S.C. § 3720E(b)(2)(C)
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    (C) procedures to ensure that persons are not incorrectly identified pursuant to this section.
  • 31 U.S.C. § 3721(i)
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    (i) Notwithstanding a contract, the representative of a claimant may not receive more than 10 percent of a payment of a claim made under this section for services related to the claim. A person violating this subsection shall be fined not more than $1,000.
  • 31 U.S.C. § 3727(b)
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    (b) An assignment may be made only after a claim is allowed, the amount of the claim is decided, and a warrant for payment of the claim has been issued. The assignment shall specify the warrant, must be made freely, and must be attested to by 2 witnesses. The person making the assignment shall acknowledge it before an official who may acknowledge a deed, and the official shall certify the assignment. The certificate shall state that the official completely explained the assignment when it was acknowledged. An assignment under this subsection is valid for any purpose.
  • 31 U.S.C. § 3727(e)(2)
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    (2) The Government may not collect or reclaim money paid to a person receiving an amount under an assignment or allotment of pay or allowances authorized by law when liability may exist because of the death of the person making the assignment or allotment.
  • 31 U.S.C. § 3729(a)(1)
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    (1) Subject to paragraph (2), any person who—
    (A) knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval;
    (B) knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim;
    (C) conspires to commit a violation of subparagraph (A), (B), (D), (E), (F), or (G);
    (D) has possession, custody, or control of property or money used, or to be used, by the Government and knowingly delivers, or causes to be delivered, less than all of that money or property;
    (E) is authorized to make or deliver a document certifying receipt of property used, or to be used, by the Government and, intending to defraud the Government, makes or delivers the receipt without completely knowing that the information on the receipt is true;
    (F) knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the Government, or a member of the Armed Forces, who lawfully may not sell or pledge property; or
    (G) knowingly makes, uses, or causes to be made or used, a false record or statement material to an obligation to pay or transmit money or property to the Government, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the Government,
    is liable to the United States Government for a civil penalty of not less than $5,000 and not more than $10,000, as adjusted by the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note; Public Law 104–4101), plus 3 times the amount of damages which the Government sustains because of the act of that person.
  • 31 U.S.C. § 3729(a)(2)
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    (2) If the court finds that—
    (A) the person committing the violation of this subsection furnished officials of the United States responsible for investigating false claims violations with all information known to such person about the violation within 30 days after the date on which the defendant first obtained the information;
    (B) such person fully cooperated with any Government investigation of such violation; and
    (C) at the time such person furnished the United States with the information about the violation, no criminal prosecution, civil action, or administrative action had commenced under this title with respect to such violation, and the person did not have actual knowledge of the existence of an investigation into such violation,
    the court may assess not less than 2 times the amount of damages which the Government sustains because of the act of that person.
  • 31 U.S.C. § 3729(a)(2)(A)
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    (A) the person committing the violation of this subsection furnished officials of the United States responsible for investigating false claims violations with all information known to such person about the violation within 30 days after the date on which the defendant first obtained the information;
  • 31 U.S.C. § 3729(a)(2)(B)
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    (B) such person fully cooperated with any Government investigation of such violation; and
  • 31 U.S.C. § 3729(a)(2)(C)
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    (C) at the time such person furnished the United States with the information about the violation, no criminal prosecution, civil action, or administrative action had commenced under this title with respect to such violation, and the person did not have actual knowledge of the existence of an investigation into such violation,
  • 31 U.S.C. § 3729(a)(3)
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    (3) A person violating this subsection shall also be liable to the United States Government for the costs of a civil action brought to recover any such penalty or damages.
  • 31 U.S.C. § 3729(b)(1)(A)
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    (A) mean that a person, with respect to information—
    (i) has actual knowledge of the information;
    (ii) acts in deliberate ignorance of the truth or falsity of the information; or
    (iii) acts in reckless disregard of the truth or falsity of the information; and
  • 31 U.S.C. § 3730(a)
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    (a) The Attorney General diligently shall investigate a violation under section 3729. If the Attorney General finds that a person has violated or is violating section 3729, the Attorney General may bring a civil action under this section against the person.
  • 31 U.S.C. § 3730(b)(1)
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    (1) A person may bring a civil action for a violation of section 3729 for the person and for the United States Government. The action shall be brought in the name of the Government. The action may be dismissed only if the court and the Attorney General give written consent to the dismissal and their reasons for consenting.
  • 31 U.S.C. § 3730(b)(2)
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    (2) A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Government pursuant to Rule 4(d)(4)1 of the Federal Rules of Civil Procedure. The complaint shall be filed in camera, shall remain under seal for at least 60 days, and shall not be served on the defendant until the court so orders. The Government may elect to intervene and proceed with the action within 60 days after it receives both the complaint and the material evidence and information.
  • 31 U.S.C. § 3730(b)(4)(B)
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    (B) notify the court that it declines to take over the action, in which case the person bringing the action shall have the right to conduct the action.
  • 31 U.S.C. § 3730(b)(5)
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    (5) When a person brings an action under this subsection, no person other than the Government may intervene or bring a related action based on the facts underlying the pending action.
  • 31 U.S.C. § 3730(c)(1)
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    (1) If the Government proceeds with the action, it shall have the primary responsibility for prosecuting the action, and shall not be bound by an act of the person bringing the action. Such person shall have the right to continue as a party to the action, subject to the limitations set forth in paragraph (2).
  • 31 U.S.C. § 3730(c)(2)(A)
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    (A) The Government may dismiss the action notwithstanding the objections of the person initiating the action if the person has been notified by the Government of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion.
  • 31 U.S.C. § 3730(c)(2)(B)
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    (B) The Government may settle the action with the defendant notwithstanding the objections of the person initiating the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. Upon a showing of good cause, such hearing may be held in camera.
  • 31 U.S.C. § 3730(c)(2)(C)
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    (C) Upon a showing by the Government that unrestricted participation during the course of the litigation by the person initiating the action would interfere with or unduly delay the Government’s prosecution of the case, or would be repetitious, irrelevant, or for purposes of harassment, the court may, in its discretion, impose limitations on the person’s participation, such as—
    (i) limiting the number of witnesses the person may call;
    (ii) limiting the length of the testimony of such witnesses;
    (iii) limiting the person’s cross-examination of witnesses; or
    (iv) otherwise limiting the participation by the person in the litigation.
  • 31 U.S.C. § 3730(c)(2)(C)(i)
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    (i) limiting the number of witnesses the person may call;
  • 31 U.S.C. § 3730(c)(2)(C)(iii)
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    (iii) limiting the person’s cross-examination of witnesses; or
  • 31 U.S.C. § 3730(c)(2)(C)(iv)
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    (iv) otherwise limiting the participation by the person in the litigation.
  • 31 U.S.C. § 3730(c)(2)(D)
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    (D) Upon a showing by the defendant that unrestricted participation during the course of the litigation by the person initiating the action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the person in the litigation.
  • 31 U.S.C. § 3730(c)(3)
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    (3) If the Government elects not to proceed with the action, the person who initiated the action shall have the right to conduct the action. If the Government so requests, it shall be served with copies of all pleadings filed in the action and shall be supplied with copies of all deposition transcripts (at the Government’s expense). When a person proceeds with the action, the court, without limiting the status and rights of the person initiating the action, may nevertheless permit the Government to intervene at a later date upon a showing of good cause.
  • 31 U.S.C. § 3730(c)(4)
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    (4) Whether or not the Government proceeds with the action, upon a showing by the Government that certain actions of discovery by the person initiating the action would interfere with the Government’s investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than 60 days. Such a showing shall be conducted in camera. The court may extend the 60-day period upon a further showing in camera that the Government has pursued the criminal or civil investigation or proceedings with reasonable diligence and any proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceedings.
  • 31 U.S.C. § 3730(c)(5)
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    (5) Notwithstanding subsection (b), the Government may elect to pursue its claim through any alternate remedy available to the Government, including any administrative proceeding to determine a civil money penalty. If any such alternate remedy is pursued in another proceeding, the person initiating the action shall have the same rights in such proceeding as such person would have had if the action had continued under this section. Any finding of fact or conclusion of law made in such other proceeding that has become final shall be conclusive on all parties to an action under this section. For purposes of the preceding sentence, a finding or conclusion is final if it has been finally determined on appeal to the appropriate court of the United States, if all time for filing such an appeal with respect to the finding or conclusion has expired, or if the finding or conclusion is not subject to judicial review.
  • 31 U.S.C. § 3730(d)(1)
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    (1) If the Government proceeds with an action brought by a person under subsection (b), such person shall, subject to the second sentence of this paragraph, receive at least 15 percent but not more than 25 percent of the proceeds of the action or settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the action. Where the action is one which the court finds to be based primarily on disclosures of specific information (other than information provided by the person bringing the action) relating to allegations or transactions in a criminal, civil, or administrative hearing, in a congressional, administrative, or Government2 Accounting Office report, hearing, audit, or investigation, or from the news media, the court may award such sums as it considers appropriate, but in no case more than 10 percent of the proceeds, taking into account the significance of the information and the role of the person bringing the action in advancing the case to litigation. Any payment to a person under the first or second sentence of this paragraph shall be made from the proceeds. Any such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys’ fees and costs. All such expenses, fees, and costs shall be awarded against the defendant.
  • 31 U.S.C. § 3730(d)(2)
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    (2) If the Government does not proceed with an action under this section, the person bringing the action or settling the claim shall receive an amount which the court decides is reasonable for collecting the civil penalty and damages. The amount shall be not less than 25 percent and not more than 30 percent of the proceeds of the action or settlement and shall be paid out of such proceeds. Such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys’ fees and costs. All such expenses, fees, and costs shall be awarded against the defendant.
  • 31 U.S.C. § 3730(d)(3)
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    (3) Whether or not the Government proceeds with the action, if the court finds that the action was brought by a person who planned and initiated the violation of section 3729 upon which the action was brought, then the court may, to the extent the court considers appropriate, reduce the share of the proceeds of the action which the person would otherwise receive under paragraph (1) or (2) of this subsection, taking into account the role of that person in advancing the case to litigation and any relevant circumstances pertaining to the violation. If the person bringing the action is convicted of criminal conduct arising from his or her role in the violation of section 3729, that person shall be dismissed from the civil action and shall not receive any share of the proceeds of the action. Such dismissal shall not prejudice the right of the United States to continue the action, represented by the Department of Justice.
  • 31 U.S.C. § 3730(d)(4)
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    (4) If the Government does not proceed with the action and the person bringing the action conducts the action, the court may award to the defendant its reasonable attorneys’ fees and expenses if the defendant prevails in the action and the court finds that the claim of the person bringing the action was clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment.
  • 31 U.S.C. § 3730(e)(1)
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    (1) No court shall have jurisdiction over an action brought by a former or present member of the armed forces under subsection (b) of this section against a member of the armed forces arising out of such person’s service in the armed forces.
  • 31 U.S.C. § 3730(e)(3)
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    (3) In no event may a person bring an action under subsection (b) which is based upon allegations or transactions which are the subject of a civil suit or an administrative civil money penalty proceeding in which the Government is already a party.
  • 31 U.S.C. § 3730(e)(4)(A)
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    (A) The court shall dismiss an action or claim under this section, unless opposed by the Government, if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed—
    (i) in a Federal criminal, civil, or administrative hearing in which the Government or its agent is a party;
    (ii) in a congressional, Government Accountability Office, or other Federal report, hearing, audit, or investigation; or
    (iii) from the news media,
    unless the action is brought by the Attorney General or the person bringing the action is an original source of the information.
  • 31 U.S.C. § 3730(f)
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    (f) The Government is not liable for expenses which a person incurs in bringing an action under this section.
  • 31 U.S.C. § 3731(c)
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    (c) If the Government elects to intervene and proceed with an action brought under 3730(b),1 the Government may file its own complaint or amend the complaint of a person who has brought an action under section 3730(b) to clarify or add detail to the claims in which the Government is intervening and to add any additional claims with respect to which the Government contends it is entitled to relief. For statute of limitations purposes, any such Government pleading shall relate back to the filing date of the complaint of the person who originally brought the action, to the extent that the claim of the Government arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior complaint of that person.
  • 31 U.S.C. § 3732(c)
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    (c) With respect to any State or local government that is named as a co-plaintiff with the United States in an action brought under subsection (b), a seal on the action ordered by the court under section 3730(b) shall not preclude the Government or the person bringing the action from serving the complaint, any other pleadings, or the written disclosure of substantially all material evidence and information possessed by the person bringing the action on the law enforcement authorities that are authorized under the law of that State or local government to investigate and prosecute such actions on behalf of such governments, except that such seal applies to the law enforcement authorities so served to the same extent as the seal applies to other parties in the action.
  • 31 U.S.C. § 3733(a)(1)
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    (1) Whenever the Attorney General, or a designee (for purposes of this section), has reason to believe that any person may be in possession, custody, or control of any documentary material or information relevant to a false claims law investigation, the Attorney General, or a designee, may, before commencing a civil proceeding under section 3730(a) or other false claims law, or making an election under section 3730(b), issue in writing and cause to be served upon such person, a civil investigative demand requiring such person—
    (A) to produce such documentary material for inspection and copying,
    (B) to answer in writing written interrogatories with respect to such documentary material or information,
    (C) to give oral testimony concerning such documentary material or information, or
    (D) to furnish any combination of such material, answers, or testimony.
    The Attorney General may delegate the authority to issue civil investigative demands under this subsection. Whenever a civil investigative demand is an express demand for any product of discovery, the Attorney General, the Deputy Attorney General, or an Assistant Attorney General shall cause to be served, in any manner authorized by this section, a copy of such demand upon the person from whom the discovery was obtained and shall notify the person to whom such demand is issued of the date on which such copy was served. Any information obtained by the Attorney General or a designee of the Attorney General under this section may be shared with any qui tam relator if the Attorney General or designee determine it is necessary as part of any false claims act1 investigation.
  • 31 U.S.C. § 3733(a)(2)(D)(iv)
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    (iv) notify the person receiving the demand of the right to be accompanied by an attorney and any other representative; and
  • 31 U.S.C. § 3733(a)(2)(E)
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    (E) Any civil investigative demand issued under this section which is an express demand for any product of discovery shall not be returned or returnable until 20 days after a copy of such demand has been served upon the person from whom the discovery was obtained.
  • 31 U.S.C. § 3733(a)(2)(G)
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    (G) The Attorney General shall not authorize the issuance under this section of more than one civil investigative demand for oral testimony by the same person unless the person requests otherwise or unless the Attorney General, after investigation, notifies that person in writing that an additional demand for oral testimony is necessary.
  • 31 U.S.C. § 3733(b)(2)
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    (2) Any such demand which is an express demand for any product of discovery supersedes any inconsistent order, rule, or provision of law (other than this section) preventing or restraining disclosure of such product of discovery to any person. Disclosure of any product of discovery pursuant to any such express demand does not constitute a waiver of any right or privilege which the person making such disclosure may be entitled to invoke to resist discovery of trial preparation materials.
  • 31 U.S.C. § 3733(c)(2)
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    (2) Any such demand or any petition filed under subsection (j) may be served upon any person who is not found within the territorial jurisdiction of any court of the United States in such manner as the Federal Rules of Civil Procedure prescribe for service in a foreign country. To the extent that the courts of the United States can assert jurisdiction over any such person consistent with due process, the United States District Court for the District of Columbia shall have the same jurisdiction to take any action respecting compliance with this section by any such person that such court would have if such person were personally within the jurisdiction of such court.
  • 31 U.S.C. § 3733(d)(2)
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    (2) Service of any such demand or petition may be made upon any natural person by—
    (A) delivering an executed copy of such demand or petition to the person; or
    (B) depositing an executed copy of such demand or petition in the United States mails by registered or certified mail, with a return receipt requested, addressed to the person at the person’s residence or principal office or place of business.
  • 31 U.S.C. § 3733(d)(2)(A)
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    (A) delivering an executed copy of such demand or petition to the person; or
  • 31 U.S.C. § 3733(d)(2)(B)
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    (B) depositing an executed copy of such demand or petition in the United States mails by registered or certified mail, with a return receipt requested, addressed to the person at the person’s residence or principal office or place of business.
  • 31 U.S.C. § 3733(f)(1)
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    (1) The production of documentary material in response to a civil investigative demand served under this section shall be made under a sworn certificate, in such form as the demand designates, by—
    (A) in the case of a natural person, the person to whom the demand is directed, or
    (B) in the case of a person other than a natural person, a person having knowledge of the facts and circumstances relating to such production and authorized to act on behalf of such person.
    The certificate shall state that all of the documentary material required by the demand and in the possession, custody, or control of the person to whom the demand is directed has been produced and made available to the false claims law investigator identified in the demand.
  • 31 U.S.C. § 3733(f)(1)(A)
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    (A) in the case of a natural person, the person to whom the demand is directed, or
  • 31 U.S.C. § 3733(f)(1)(B)
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    (B) in the case of a person other than a natural person, a person having knowledge of the facts and circumstances relating to such production and authorized to act on behalf of such person.
  • 31 U.S.C. § 3733(f)(2)
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    (2) Any person upon whom any civil investigative demand for the production of documentary material has been served under this section shall make such material available for inspection and copying to the false claims law investigator identified in such demand at the principal place of business of such person, or at such other place as the false claims law investigator and the person thereafter may agree and prescribe in writing, or as the court may direct under subsection (j)(1). Such material shall be made so available on the return date specified in such demand, or on such later date as the false claims law investigator may prescribe in writing. Such person may, upon written agreement between the person and the false claims law investigator, substitute copies for originals of all or any part of such material.
  • 31 U.S.C. § 3733(g)
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    (g) Each interrogatory in a civil investigative demand served under this section shall be answered separately and fully in writing under oath and shall be submitted under a sworn certificate, in such form as the demand designates, by—
    (1) in the case of a natural person, the person to whom the demand is directed, or
    (2) in the case of a person other than a natural person, the person or persons responsible for answering each interrogatory.
    If any interrogatory is objected to, the reasons for the objection shall be stated in the certificate instead of an answer. The certificate shall state that all information required by the demand and in the possession, custody, control, or knowledge of the person to whom the demand is directed has been submitted. To the extent that any information is not furnished, the information shall be identified and reasons set forth with particularity regarding the reasons why the information was not furnished.
  • 31 U.S.C. § 3733(g)(1)
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    (1) in the case of a natural person, the person to whom the demand is directed, or
  • 31 U.S.C. § 3733(g)(2)
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    (2) in the case of a person other than a natural person, the person or persons responsible for answering each interrogatory.
  • 31 U.S.C. § 3733(h)(1)
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    (1) The examination of any person pursuant to a civil investigative demand for oral testimony served under this section shall be taken before an officer authorized to administer oaths and affirmations by the laws of the United States or of the place where the examination is held. The officer before whom the testimony is to be taken shall put the witness on oath or affirmation and shall, personally or by someone acting under the direction of the officer and in the officer’s presence, record the testimony of the witness. The testimony shall be taken stenographically and shall be transcribed. When the testimony is fully transcribed, the officer before whom the testimony is taken shall promptly transmit a copy of the transcript of the testimony to the custodian. This subsection shall not preclude the taking of testimony by any means authorized by, and in a manner consistent with, the Federal Rules of Civil Procedure.
  • 31 U.S.C. § 3733(h)(2)
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    (2) The false claims law investigator conducting the examination shall exclude from the place where the examination is held all persons except the person giving the testimony, the attorney for and any other representative of the person giving the testimony, the attorney for the Government, any person who may be agreed upon by the attorney for the Government and the person giving the testimony, the officer before whom the testimony is to be taken, and any stenographer taking such testimony.
  • 31 U.S.C. § 3733(h)(3)
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    (3) The oral testimony of any person taken pursuant to a civil investigative demand served under this section shall be taken in the judicial district of the United States within which such person resides, is found, or transacts business, or in such other place as may be agreed upon by the false claims law investigator conducting the examination and such person.
  • 31 U.S.C. § 3733(h)(7)(A)
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    (A) Any person compelled to appear for oral testimony under a civil investigative demand issued under subsection (a) may be accompanied, represented, and advised by counsel. Counsel may advise such person, in confidence, with respect to any question asked of such person. Such person or counsel may object on the record to any question, in whole or in part, and shall briefly state for the record the reason for the objection. An objection may be made, received, and entered upon the record when it is claimed that such person is entitled to refuse to answer the question on the grounds of any constitutional or other legal right or privilege, including the privilege against self-incrimination. Such person may not otherwise object to or refuse to answer any question, and may not directly or through counsel otherwise interrupt the oral examination. If such person refuses to answer any question, a petition may be filed in the district court of the United States under subsection (j)(1) for an order compelling such person to answer such question.
  • 31 U.S.C. § 3733(h)(7)(B)
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    (B) If such person refuses to answer any question on the grounds of the privilege against self-incrimination, the testimony of such person may be compelled in accordance with the provisions of part V of title 18.
  • 31 U.S.C. § 3733(h)(8)
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    (8) Any person appearing for oral testimony under a civil investigative demand issued under subsection (a) shall be entitled to the same fees and allowances which are paid to witnesses in the district courts of the United States.
  • 31 U.S.C. § 3733(i)(2)(C)
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    (C) Except as otherwise provided in this subsection, no documentary material, answers to interrogatories, or transcripts of oral testimony, or copies thereof, while in the possession of the custodian, shall be available for examination by any individual other than a false claims law investigator or other officer or employee of the Department of Justice authorized under subparagraph (B). The prohibition in the preceding sentence on the availability of material, answers, or transcripts shall not apply if consent is given by the person who produced such material, answers, or transcripts, or, in the case of any product of discovery produced pursuant to an express demand for such material, consent is given by the person from whom the discovery was obtained. Nothing in this subparagraph is intended to prevent disclosure to the Congress, including any committee or subcommittee of the Congress, or to any other agency of the United States for use by such agency in furtherance of its statutory responsibilities.
  • 31 U.S.C. § 3733(i)(2)(D)(i)
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    (i) documentary material and answers to interrogatories shall be available for examination by the person who produced such material or answers, or by a representative of that person authorized by that person to examine such material and answers; and
  • 31 U.S.C. § 3733(i)(2)(D)(ii)
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    (ii) transcripts of oral testimony shall be available for examination by the person who produced such testimony, or by a representative of that person authorized by that person to examine such transcripts.
  • 31 U.S.C. § 3733(i)(4)
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    (4) If any documentary material has been produced by any person in the course of any false claims law investigation pursuant to a civil investigative demand under this section, and—
    (A) any case or proceeding before the court or grand jury arising out of such investigation, or any proceeding before any Federal agency involving such material, has been completed, or
    (B) no case or proceeding in which such material may be used has been commenced within a reasonable time after completion of the examination and analysis of all documentary material and other information assembled in the course of such investigation,
    the custodian shall, upon written request of the person who produced such material, return to such person any such material (other than copies furnished to the false claims law investigator under subsection (f)(2) or made for the Department of Justice under paragraph (2)(B)) which has not passed into the control of any court, grand jury, or agency through introduction into the record of such case or proceeding.
  • 31 U.S.C. § 3733(i)(5)
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    (5) In the event of the death, disability, or separation from service in the Department of Justice of the custodian of any documentary material, answers to interrogatories, or transcripts of oral testimony produced pursuant to a civil investigative demand under this section, or in the event of the official relief of such custodian from responsibility for the custody and control of such material, answers, or transcripts, the Attorney General shall promptly—
    (A) designate another false claims law investigator to serve as custodian of such material, answers, or transcripts, and
    (B) transmit in writing to the person who produced such material, answers, or testimony notice of the identity and address of the successor so designated.
    Any person who is designated to be a successor under this paragraph shall have, with regard to such material, answers, or transcripts, the same duties and responsibilities as were imposed by this section upon that person’s predecessor in office, except that the successor shall not be held responsible for any default or dereliction which occurred before that designation.
  • 31 U.S.C. § 3733(i)(5)(B)
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    (B) transmit in writing to the person who produced such material, answers, or testimony notice of the identity and address of the successor so designated.
  • 31 U.S.C. § 3733(j)(1)
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    (1) Whenever any person fails to comply with any civil investigative demand issued under subsection (a), or whenever satisfactory copying or reproduction of any material requested in such demand cannot be done and such person refuses to surrender such material, the Attorney General may file, in the district court of the United States for any judicial district in which such person resides, is found, or transacts business, and serve upon such person a petition for an order of such court for the enforcement of the civil investigative demand.
  • 31 U.S.C. § 3733(j)(2)(A)
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    (A) Any person who has received a civil investigative demand issued under subsection (a) may file, in the district court of the United States for the judicial district within which such person resides, is found, or transacts business, and serve upon the false claims law investigator identified in such demand a petition for an order of the court to modify or set aside such demand. In the case of a petition addressed to an express demand for any product of discovery, a petition to modify or set aside such demand may be brought only in the district court of the United States for the judicial district in which the proceeding in which such discovery was obtained is or was last pending. Any petition under this subparagraph must be filed—
    (i) within 20 days after the date of service of the civil investigative demand, or at any time before the return date specified in the demand, whichever date is earlier, or
    (ii) within such longer period as may be prescribed in writing by any false claims law investigator identified in the demand.
  • 31 U.S.C. § 3733(j)(2)(B)
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    (B) The petition shall specify each ground upon which the petitioner relies in seeking relief under subparagraph (A), and may be based upon any failure of the demand to comply with the provisions of this section or upon any constitutional or other legal right or privilege of such person. During the pendency of the petition in the court, the court may stay, as it deems proper, the running of the time allowed for compliance with the demand, in whole or in part, except that the person filing the petition shall comply with any portions of the demand not sought to be modified or set aside.
  • 31 U.S.C. § 3733(j)(3)(A)
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    (A) In the case of any civil investigative demand issued under subsection (a) which is an express demand for any product of discovery, the person from whom such discovery was obtained may file, in the district court of the United States for the judicial district in which the proceeding in which such discovery was obtained is or was last pending, and serve upon any false claims law investigator identified in the demand and upon the recipient of the demand, a petition for an order of such court to modify or set aside those portions of the demand requiring production of any such product of discovery. Any petition under this subparagraph must be filed—
    (i) within 20 days after the date of service of the civil investigative demand, or at any time before the return date specified in the demand, whichever date is earlier, or
    (ii) within such longer period as may be prescribed in writing by any false claims law investigator identified in the demand.
  • 31 U.S.C. § 3733(j)(4)
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    (4) At any time during which any custodian is in custody or control of any documentary material or answers to interrogatories produced, or transcripts of oral testimony given, by any person in compliance with any civil investigative demand issued under subsection (a), such person, and in the case of an express demand for any product of discovery, the person from whom such discovery was obtained, may file, in the district court of the United States for the judicial district within which the office of such custodian is situated, and serve upon such custodian, a petition for an order of such court to require the performance by the custodian of any duty imposed upon the custodian by this section.
  • 31 U.S.C. § 3733(l)(2)
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    (2) the term “false claims law investigation” means any inquiry conducted by any false claims law investigator for the purpose of ascertaining whether any person is or has been engaged in any violation of a false claims law;
  • 31 U.S.C. § 3733(l)(4)
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    (4) the term “person” means any natural person, partnership, corporation, association, or other legal entity, including any State or political subdivision of a State;
  • 31 U.S.C. § 3801(a)(5)
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    (5) “knows or has reason to know”, for purposes of establishing liability under section 3802, means that a person, with respect to a claim or statement—
    (A) has actual knowledge that the claim or statement is false, fictitious, or fraudulent;
    (B) acts in deliberate ignorance of the truth or falsity of the claim or statement; or
    (C) acts in reckless disregard of the truth or falsity of the claim or statement,
    and no proof of specific intent to defraud is required;
  • 31 U.S.C. § 3801(a)(6)
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    (6) “person” means any individual, partnership, corporation, association, or private organization;
  • 31 U.S.C. § 3802(a)(1)
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    (1) Any person who makes, presents, or submits, or causes to be made, presented, or submitted, a claim that the person knows or has reason to know—
    (A) is false, fictitious, or fraudulent;
    (B) includes or is supported by any written statement which asserts a material fact which is false, fictitious, or fraudulent;
    (C) includes or is supported by any written statement that—
    (i) omits a material fact;
    (ii) is false, fictitious, or fraudulent as a result of such omission; and
    (iii) is a statement in which the person making, presenting, or submitting such statement has a duty to include such material fact; or
    (D) is for payment for the provision of property or services which the person has not provided as claimed,
    shall be subject to, in addition to any other remedy that may be prescribed by law, a civil penalty of not more than $5,000 for each such claim. Except as provided in paragraph (3) of this subsection, such person shall also be subject to an assessment, in lieu of damages sustained by the United States because of such claim, of not more than twice the amount of such claim, or the portion of such claim, which is determined under this chapter to be in violation of the preceding sentence.
  • 31 U.S.C. § 3802(a)(1)(C)(iii)
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    (iii) is a statement in which the person making, presenting, or submitting such statement has a duty to include such material fact; or
  • 31 U.S.C. § 3802(a)(1)(D)
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    (D) is for payment for the provision of property or services which the person has not provided as claimed,
  • 31 U.S.C. § 3802(a)(2)
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    (2) Any person who makes, presents, or submits, or causes to be made, presented, or submitted, a written statement that—
    (A) the person knows or has reason to know—
    (i) asserts a material fact which is false, fictitious, or fraudulent; or
    (I) omits a material fact; and
    (II) is false, fictitious, or fraudulent as a result of such omission;
    (B) in the case of a statement described in clause (ii) of subparagraph (A), is a statement in which the person making, presenting, or submitting such statement has a duty to include such material fact; and
    (C) contains or is accompanied by an express certification or affirmation of the truthfulness and accuracy of the contents of the statement,
    shall be subject to, in addition to any other remedy that may be prescribed by law, a civil penalty of not more than $5,000 for each such statement.
  • 31 U.S.C. § 3802(a)(2)(A)
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    (A) the person knows or has reason to know—
    (i) asserts a material fact which is false, fictitious, or fraudulent; or
    (I) omits a material fact; and
    (II) is false, fictitious, or fraudulent as a result of such omission;
  • 31 U.S.C. § 3802(a)(2)(B)
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    (B) in the case of a statement described in clause (ii) of subparagraph (A), is a statement in which the person making, presenting, or submitting such statement has a duty to include such material fact; and
  • 31 U.S.C. § 3802(b)(1)
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    (1) Except as provided in paragraphs (2) and (3) of this subsection—
    (A) a determination under section 3803(a)(2) of this title that there is adequate evidence to believe that a person is liable under subsection (a) of this section; or
    (B) a determination under section 3803 of this title that a person is liable under subsection (a) of this section,
    may provide the authority with grounds for commencing any administrative or contractual action against such person which is authorized by law and which is in addition to any action against such person under this chapter.
  • 31 U.S.C. § 3802(b)(1)(A)
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    (A) a determination under section 3803(a)(2) of this title that there is adequate evidence to believe that a person is liable under subsection (a) of this section; or
  • 31 U.S.C. § 3802(b)(1)(B)
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    (B) a determination under section 3803 of this title that a person is liable under subsection (a) of this section,
  • 31 U.S.C. § 3802(b)(3)
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    (3) In the case of an administrative or contractual action to suspend or debar any person who is eligible to enter into contracts with the Federal Government, a determination referred to in paragraph (1) of this subsection shall not be considered as a conclusive determination of such person’s responsibility pursuant to Federal procurement laws and regulations.
  • 31 U.S.C. § 3803(a)(1)
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    (1) The investigating official of an authority may investigate allegations that a person is liable under section 3802 of this title and shall report the findings and conclusions of such investigation to the reviewing official of the authority. The preceding sentence does not modify any responsibility of an investigating official to report violations of criminal law to the Attorney General.
  • 31 U.S.C. § 3803(a)(2)
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    (2) If the reviewing official of an authority determines, based upon the report of the investigating official under paragraph (1) of this subsection, that there is adequate evidence to believe that a person is liable under section 3802 of this title, the reviewing official shall transmit to the Attorney General a written notice of the intention of such official to refer the allegations of such liability to a presiding officer of such authority. Such notice shall include—
    (A) a statement of the reasons of the reviewing official for the referral of such allegations;
    (B) a statement specifying the evidence which supports such allegations;
    (C) a description of the claims or statements for which liability under section 3802 of this title is alleged;
    (D) an estimate of the amount of money or the value of property or services requested or demanded in violation of section 3802 of this title; and
    (E) a statement of any exculpatory or mitigating circumstances which may relate to such claims or statements.
  • 31 U.S.C. § 3803(c)(1)
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    (1) No allegations of liability under section 3802 of this title with respect to any claim made, presented, or submitted by any person shall be referred to a presiding officer under paragraph (2) of subsection (b) if the reviewing official determines that—
    (A) an amount of money in excess of $1,000,000; or
    (B) property or services with a value in excess of $1,000,000,
    is requested or demanded in violation of section 3802 of this title in such claim or in a group of related claims which are submitted at the time such claim is submitted.
  • 31 U.S.C. § 3803(c)(2)(C)(xiv)
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    (xiv) benefits under any housing assistance program for lower income families or elderly or handicapped persons which is administered by the Secretary of Housing and Urban Development or the Secretary of Agriculture;
  • 31 U.S.C. § 3803(d)(1)
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    (1) On or after the date on which a reviewing official is permitted to refer allegations of liability to a presiding officer under subsection (b) of this section, the reviewing official shall mail, by registered or certified mail, or shall deliver, a notice to the person alleged to be liable under section 3802 of this title. Such notice shall specify the allegations of liability against such person and shall state the right of such person to request a hearing with respect to such allegations.
  • 31 U.S.C. § 3803(d)(2)
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    (2) If, within 30 days after receiving a notice under paragraph (1) of this subsection, the person receiving such notice requests a hearing with respect to the allegations contained in such notice—
    (A) the reviewing official shall refer such allegations to a presiding officer for the commencement of such hearing;
    (i) in the case of a referral to a presiding officer described in subparagraph (A) or (B) of section 3801(a)(7), the presiding officer shall commence such hearing by mailing by registered or certified mail, or by delivery of, a notice which complies with paragraphs (2)(A) and (3)(B)(i) of subsection (g) to such person; or
    (ii) in the case of a referral to a presiding officer described in subparagraph (C) of section 3801(a)(7)—
    (I) the reviewing official shall submit a copy of the notice required by under paragraph (1) and of the response of the person receiving such notice requesting a hearing—
    (aa) to the board of contract appeals that has jurisdiction over matters arising from the agency of the reviewing official pursuant to section 7105(e)(1) of title 41; or
    (bb) if the Chair of the board of contract appeals declines to accept the referral, to any other board of contract appeals; and
    (II) the reviewing official shall simultaneously mail, by registered or certified mail, or shall deliver, notice to the person alleged to be liable under section 3802 that the referral has been made to an agency board of contract appeals with an explanation as to where the person may obtain the relevant rules of procedure promulgated by the board; and
    (C) in the case of a hearing conducted by a presiding officer described in subparagraph (C) of section 3801(a)(7)—
    (i) the presiding officer shall conduct the hearing according to the rules and procedures promulgated by the board of contract appeals; and
    (ii) the hearing shall not be subject to the provisions in subsection (g)(2), (h), or (i).
  • 31 U.S.C. § 3803(d)(2)(B)(i)
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    (i) in the case of a referral to a presiding officer described in subparagraph (A) or (B) of section 3801(a)(7), the presiding officer shall commence such hearing by mailing by registered or certified mail, or by delivery of, a notice which complies with paragraphs (2)(A) and (3)(B)(i) of subsection (g) to such person; or
  • 31 U.S.C. § 3803(d)(2)(B)(ii)(I)
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    (I) the reviewing official shall submit a copy of the notice required by under paragraph (1) and of the response of the person receiving such notice requesting a hearing—
    (aa) to the board of contract appeals that has jurisdiction over matters arising from the agency of the reviewing official pursuant to section 7105(e)(1) of title 41; or
    (bb) if the Chair of the board of contract appeals declines to accept the referral, to any other board of contract appeals; and
  • 31 U.S.C. § 3803(d)(2)(B)(ii)(II)
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    (II) the reviewing official shall simultaneously mail, by registered or certified mail, or shall deliver, notice to the person alleged to be liable under section 3802 that the referral has been made to an agency board of contract appeals with an explanation as to where the person may obtain the relevant rules of procedure promulgated by the board; and
  • 31 U.S.C. § 3803(e)(1)(A)
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    (A) Except as provided in subparagraph (B) of this paragraph, at any time after receiving a notice under paragraph (2)(B) of subsection (d), the person receiving such notice shall be entitled to review, and upon payment of a reasonable fee for duplication, shall be entitled to obtain a copy of, all relevant and material documents, transcripts, records, and other materials, which relate to such allegations and upon which the findings and conclusions of the investigating official under paragraph (1) of subsection (a) are based.
  • 31 U.S.C. § 3803(e)(1)(B)
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    (B) A person is not entitled under subparagraph (A) to review and obtain a copy of any document, transcript, record, or material which is privileged under Federal law.
  • 31 U.S.C. § 3803(e)(2)
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    (2) At any time after receiving a notice under paragraph (2)(B) of subsection (d), the person receiving such notice shall be entitled to obtain all exculpatory information in the possession of the investigating official or the reviewing official relating to the allegations contained in such notice. The provisions of subparagraph (B) of paragraph (1) do not apply to any document, transcript, record, or other material, or any portion thereof, in which such exculpatory information is contained.
  • 31 U.S.C. § 3803(f)(1)
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    (1) the liability of a person under section 3802 of this title; and
  • 31 U.S.C. § 3803(f)(2)
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    (2) if a person is determined to be liable under such section, the amount of any civil penalty or assessment to be imposed on such person.
  • 31 U.S.C. § 3803(g)(2)(A)
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    (A) The provision of written notice of the hearing to any person alleged to be liable under section 3802 of this title, including written notice of—
    (i) the time, place, and nature of the hearing;
    (ii) the legal authority and jurisdiction under which the hearing is to be held; and
    (iii) the matters of facts and law to be asserted.
  • 31 U.S.C. § 3803(g)(2)(B)
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    (B) The provision to any person alleged to be liable under section 3802 of this title of opportunities for the submission of facts, arguments, offers of settlement, or proposals of adjustment.
  • 31 U.S.C. § 3803(g)(2)(C)(i)
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    (i) consult a person or party on a fact in issue, unless on notice and opportunity for all parties to the hearing to participate; or
  • 31 U.S.C. § 3803(g)(2)(E)
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    (E) The provision to any person alleged to be liable under section 3802 of this title of opportunities to present such person’s case through oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts.
  • 31 U.S.C. § 3803(g)(2)(F)
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    (F) Procedures to permit any person alleged to be liable under section 3802 of this title to be accompanied, represented, and advised by counsel or such other qualified representative as the authority head may specify in such regulations.
  • 31 U.S.C. § 3803(g)(3)(B)(i)
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    (i) Procedures for the inclusion, in any written notice of a hearing under this section to any person alleged to be liable under section 3802 of this title, of a description of the procedures for the conduct of the hearing.
  • 31 U.S.C. § 3803(g)(3)(B)(ii)
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    (ii) Procedures to permit discovery by any person alleged to be liable under section 3802 of this title only to the extent that the presiding officer determines that such discovery is necessary for the expeditious, fair, and reasonable consideration of the issues, except that such procedures shall not apply to documents, transcripts, records, or other material which a person is entitled to review under paragraph (1) of subsection (e) or to information to which a person is entitled under paragraph (2) of such subsection. Procedures promulgated under this clause shall prohibit the discovery of the notice required under subsection (a)(2) of this section.
  • 31 U.S.C. § 3803(g)(4)(A)
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    (A) in the judicial district of the United States in which the person alleged to be liable under section 3802 of this title resides or transacts business;
  • 31 U.S.C. § 3803(g)(4)(C)
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    (C) in such other place as may be agreed upon by such person and the presiding officer who will conduct such hearing.
  • 31 U.S.C. § 3803(h)
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    (h) The presiding officer shall issue a written decision, including findings and determinations, after the conclusion of the hearing. Such decision shall include the findings of fact and conclusions of law which the presiding officer relied upon in determining whether a person is liable under this chapter. The presiding officer shall promptly send to each party to the hearing a copy of such decision and a statement describing the right of any person determined to be liable under section 3802 of this title to appeal the decision of the presiding officer to the authority head under paragraph (2) of subsection (i).
  • 31 U.S.C. § 3803(i)(2)(A)(i)
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    (i) Except as provided in clause (ii) of this subparagraph, within 30 days after the presiding officer issues a decision under subsection (h) of this section, any person determined in such decision to be liable under section 3802 of this title may appeal such decision to the authority head.
  • 31 U.S.C. § 3803(i)(2)(A)(ii)
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    (ii) If, within the 30-day period described in clause (i) of this subparagraph, a person determined to be liable under this chapter requests the authority head for an extension of such 30-day period to file an appeal of a decision issued by the presiding officer under subsection (h) of this section, the authority head may extend such period if such person demonstrates good cause for such extension.
  • 31 U.S.C. § 3803(i)(2)(C)
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    (C) The authority head may affirm, reduce, reverse, compromise, remand, or settle any penalty or assessment determined by the presiding officer pursuant to this section. The authority head shall promptly send to each party to the appeal a copy of the decision of the authority head and a statement describing the right of any person determined to be liable under section 3802 of this title to judicial review under section 3805 of this title.
  • 31 U.S.C. § 3803(j)(1)
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    (1) The reviewing official has the exclusive authority to compromise or settle any allegations of liability under section 3802 of this title against a person without the consent of the presiding officer at any time after the date on which the reviewing official is permitted to refer allegations of liability to a presiding officer under subsection (b) of this section and prior to the date on which the presiding officer issues a decision under subsection (h) of this section. Any such compromise or settlement shall be in writing.
  • 31 U.S.C. § 3804(c)
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    (c) In the case of contumacy or refusal to obey a subpoena issued pursuant to subsection (a) or (b) of this section, the district courts of the United States shall have jurisdiction to issue an appropriate order for the enforcement of any such subpoena. Any failure to obey such order of the court is punishable by such court as contempt. In any case in which an authority seeks the enforcement of a subpoena issued pursuant to subsection (a) or (b) of this section, the authority shall request the Attorney General to petition any district court in which a hearing under this chapter is being conducted, or in which the person receiving the subpoena resides or conducts business, to issue such an order.
  • 31 U.S.C. § 3805(a)(2)
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    (2) Unless a petition is filed under this section, a determination under section 3803 of this title that a person is liable under section 3802 of this title shall be final and shall not be subject to judicial review.
  • 31 U.S.C. § 3805(b)(1)(A)
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    (A) Any person who has been determined to be liable under section 3802 of this title pursuant to section 3803 of this title may obtain review of such determination in—
    (i) the United States district court for the district in which such person resides or transacts business;
    (ii) the United States district court for the district in which the claim or statement upon which the determination of liability is based was made, presented, or submitted; or
    (iii) the United States District Court for the District of Columbia.
  • 31 U.S.C. § 3805(b)(1)(A)(i)
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    (i) the United States district court for the district in which such person resides or transacts business;
  • 31 U.S.C. § 3805(b)(1)(B)(i)
    Go to provision →
    (i) only after such person has exhausted all administrative remedies under this chapter; and
  • 31 U.S.C. § 3805(b)(1)(B)(ii)
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    (ii) within 60 days after the date on which the authority head sends such person a copy of the decision of such authority head under section 3803(i)(2) of this title.
  • 31 U.S.C. § 3805(e)
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    (e) Upon a final determination by the district court that a person is liable under section 3802 of this title, the court shall enter a final judgment for the appropriate amount in favor of the United States.
  • 31 U.S.C. § 3806(d)
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    (d) Any action under subsection (b) of this section may, without regard to venue requirements, be joined and consolidated with or asserted as a counterclaim, cross-claim, or setoff by the United States in any other civil action which includes as parties the United States and the person against whom such action may be brought.
  • 31 U.S.C. § 3807(a)
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    (a) The amount of any penalty or assessment which has become final under section 3803 of this title, or for which a judgment has been entered under section 3805(e) or 3806 of this title, or any amount agreed upon in a settlement or compromise under section 3803(j) or 3806(f) of this title, may be collected by administrative offset under section 3716 of this title, except that an administrative offset may not be made under this subsection against a refund of an overpayment of Federal taxes, then or later owing by the United States to the person liable for such penalty or assessment.
  • 31 U.S.C. § 3808(a)
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    (a) A notice to the person alleged to be liable with respect to a claim or statement shall be mailed or delivered in accordance with section 3803(d)(1) not later than the later of—
    (1) 6 years after the date on which the violation of section 3802 is committed; or
    (2) 3 years after the date on which facts material to the action are known or reasonably should have been known by the authority head, but in no event more than 10 years after the date on which the violation is committed.
  • 31 U.S.C. § 3809(2)
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    (2) require a reviewing official to include in any notice required by section 3803(a)(2) of this title a statement which specifies that the reviewing official has determined that there is a reasonable prospect of collecting, from a person with respect to whom the reviewing official is referring allegations of liability in such notice, the amount for which such person may be liable.
  • 31 U.S.C. § 3901(a)(2)(A)
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    (A) a person carrying on a trade or business; and
  • 31 U.S.C. § 3901(a)(4)(A)(i)
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    (i) the date on which the place or person designated by the agency to first receive such invoice actually receives a proper invoice; or
  • 31 U.S.C. § 3901(a)(4)(B)
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    (B) on the date of the invoice, if the agency has failed to annotate the invoice with the date of receipt at the time of actual receipt by the place or person designated by the agency to first receive such invoice.
  • 31 U.S.C. § 3903(a)(6)(A)(i)
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    (i) a period of more than 14 days after receipt of the payment request by the place or person designated by the agency to first receive such requests; or

Citations to §3701(e)(1)

Citations to §3701(e)(2)