Collapse to view only § 3701. Definitions and application
§ 3701. Definitions and application
(a) In this chapter—
(1) “administrative offset” means withholding funds payable by the United States (including funds payable by the United States on behalf of a State government) to, or held by the United States for, a person to satisfy a claim.
(2) “calendar quarter” means a 3-month period beginning on January 1, April 1, July 1, or October 1.
(3) “consumer reporting agency” means—
(A) a consumer reporting agency as that term is defined in section 603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a(f)); or
(B) a person that, for money or on a cooperative basis, regularly—
(i) gets information on consumers to give the information to a consumer reporting agency; or
(ii) serves as a marketing agent under an arrangement allowing a third party to get the information from a consumer reporting agency.
(4) “executive, judicial, or legislative agency” means a department, agency, court, court administrative office, or instrumentality in the executive, judicial, or legislative branch of Government, including government corporations.
(5) “military department” means the Departments of the Army, Navy, and Air Force.
(6) “system of records” has the same meaning given that term in section 552a(a)(5) of title 5.
(7) “uniformed services” means the Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard, Commissioned Corps of the National Oceanic and Atmospheric Administration, and Commissioned Corps of the Public Health Service.
(8) “nontax” means, with respect to any debt or claim, any debt or claim other than a debt or claim under the Internal Revenue Code of 1986.
(b)
(1) In subchapter II of this chapter and subsection (a)(8) of this section, the term “claim” or “debt” means any amount of funds or property that has been determined by an appropriate official of the Federal Government to be owed to the United States by a person, organization, or entity other than another Federal agency. A claim includes, without limitation—
(A) funds owed on account of loans made, insured, or guaranteed by the Government, including any deficiency or any difference between the price obtained by the Government in the sale of a property and the amount owed to the Government on a mortgage on the property,
(B) expenditures of nonappropriated funds, including actual and administrative costs related to shoplifting, theft detection, and theft prevention,
(C) over-payments, including payments disallowed by audits performed by the Inspector General of the agency administering the program,
(D) any amount the United States is authorized by statute to collect for the benefit of any person,
(E) the unpaid share of any non-Federal partner in a program involving a Federal payment and a matching, or cost-sharing, payment by the non-Federal partner,
(F) any fines or penalties assessed by an agency; 1
1 So in original. The semicolon probably should be a comma.
and(G) other amounts of money or property owed to the Government.
(2) For purposes of section 3716 of this title, each of the terms “claim” and “debt” includes an amount of funds or property owed by a person to a State (including any past-due support being enforced by the State), the District of Columbia, American Samoa, Guam, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, or the Commonwealth of Puerto Rico.
(c) In sections 3716 and 3717 of this title, the term “person” does not include an agency of the United States Government.
(d) Sections 3711(e) and 3716–3719 of this title do not apply to a claim or debt under, or to an amount payable under—
(1) the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.),
(2) the Social Security Act (42 U.S.C. 301 et seq.), except to the extent provided under sections 204(f) and 1631(b)(4) of such Act and section 3716(c) of this title, or
(3) the tariff laws of the United States.
(e) In section 3716 of this title—
(1) “creditor agency” means any agency owed a claim that seeks to collect that claim through administrative offset; and
(2) “payment certifying agency” means any agency that has transmitted a voucher to a disbursing official for disbursement.
(f) In section 3711 of this title, “private collection contractor” means private debt collectors under contract with an agency to collect a nontax debt or claim owed the United States. The term includes private debt collectors, collection agencies, and commercial attorneys.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 970; Pub. L. 97–452, § 1(13)(A), Jan. 12, 1983, 96 Stat. 2469; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103–387, § 5(b), Oct. 22, 1994, 108 Stat. 4077; Pub. L. 104–134, title III, § 31001(c)(2), (d)(1), (3), (z)(1), Apr. 26, 1996, 110 Stat. 1321–359, 1321–361, 1321–378; Pub. L. 104–316, title I, § 115(g)(2)(A), Oct. 19, 1996, 110 Stat. 3835; Pub. L. 106–169, title II, § 203(b), Dec. 14, 1999, 113 Stat. 1832; Pub. L. 107–107, div. A, title III, § 335, Dec. 28, 2001, 115 Stat. 1060; Pub. L. 116–283, div. A, title IX, § 927(d)(1), Jan. 1, 2021, 134 Stat. 3831.)
§ 3702. Authority to settle claims
(a) Except as provided in this chapter or another law, all claims of or against the United States Government shall be settled as follows:
(1) The Secretary of Defense shall settle—
(A) claims involving uniformed service members’ pay, allowances, travel, transportation, payments for unused accrued leave, retired pay, and survivor benefits; and
(B) claims by transportation carriers involving amounts collected from them for loss or damage incurred to property incident to shipment at Government expense.
(2) The Director of the Office of Personnel Management shall settle claims involving Federal civilian employees’ compensation and leave.
(3) The Administrator of General Services shall settle claims involving expenses incurred by Federal civilian employees for official travel and transportation, and for relocation expenses incident to transfers of official duty station.
(4) The Director of the Office of Management and Budget shall settle claims not otherwise provided for by this subsection or another provision of law.
(b)
(1) A claim against the Government presented under this section must contain the signature and address of the claimant or an authorized representative. The claim must be received by the official responsible under subsection (a) for settling the claim or by the agency that conducts the activity from which the claim arises within 6 years after the claim accrues except—
(A) as provided in this chapter or another law; or
(B) a claim of a State, the District of Columbia, or a territory or possession of the United States.
(2) When the claim of a member of the armed forces accrues during war or within 5 years before war begins, the claim must be received within 5 years after peace is established or within the period provided in paragraph (1) of this subsection, whichever is later.
(3) A claim that is not received in the time required under this subsection shall be returned with a copy of this subsection, and no further communication is required.
(c)One-Year Limit for Check Claims.—
(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.
(2) Nothing in this subsection affects the underlying obligation of the United States, or any agency thereof, for which a Treasury check was issued.
(d) The official responsible under subsection (a) for settling the claim shall report to Congress on a claim against the Government that is timely presented under this section that may not be adjusted by using an existing appropriation, and that the official believes Congress should consider for legal or equitable reasons. The report shall include recommendations of the official.
(e)
(1) The Secretary of Defense may waive the time limitations set forth in subsection (b) or (c) in the case of a claim referred to in subsection (a)(1)(A). In the case of a claim by or with respect to a member of the uniformed services who is not under the jurisdiction of the Secretary of a military department, such a waiver may be made only upon the request of the Secretary concerned (as defined in section 101 of title 37).
(2) Payment of a claim settled under subsection (a)(1)(A) shall be made from an appropriation that is available, for the fiscal year in which the payment is made, for the same purpose as the appropriation to which the obligation claimed would have been charged if the obligation had been timely paid, except that in the case of a claim for retired pay or survivor benefits, if the obligation claimed would have been paid from a trust fund if timely paid, the payment of the claim shall be made from that trust fund.
(3) This subsection does not apply to a claim in excess of $25,000.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 970; Pub. L. 97–452, § 1(14), Jan. 12, 1983, 96 Stat. 2470; Pub. L. 100–86, title X, § 1004(b), Aug. 10, 1987, 101 Stat. 659; Pub. L. 104–201, div. A, title VI, § 608, Sept. 23, 1996, 110 Stat. 2542; Pub. L. 104–316, title II, § 202(n)(1), Oct. 19, 1996, 110 Stat. 3843; Pub. L. 105–85, div. A, title X, § 1012, Nov. 18, 1997, 111 Stat. 1874; Pub. L. 106–398, § 1 [[div. A], title VI, § 664], Oct. 30, 2000, 114 Stat. 1654, 1654A–168; Pub. L. 107–314, div. A, title VI, § 635(a), (b), Dec. 2, 2002, 116 Stat. 2574; Pub. L. 109–163, div. A, title X, § 1056(e)(2), Jan. 6, 2006, 119 Stat. 3440.)