31 USC 3701 - Definitions and application

1 So in original. The semicolon probably should be a comma.

and

Historical and Revision Notes
1982 Act
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
3701(1)	31:951.	July 19, 1966, Puspan. L. 89–508, § 2, 80 Stat. 308.
3701(2)	31:240(1), (4).	Aug. 31, 1964, Puspan. L. 88–558, § 2(1), (2), (4), 78 Stat. 767; restated Sept. 15, 1965, Puspan. L. 89–185, § 3(a), 79 Stat. 789.
3701(3)	31:240(2).

Clause (1) is substituted for 31:951(a) for consistency. The text of 31:951(span) is omitted as unnecessary because of laws vesting authority in the commission, board, or other group of individuals and for consistency in the revised title and with other titles of the United States Code.

In clause (2), the text of 31:240(1) is omitted as unnecessary because of the restatement.

1983 Act
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
3701(a)(1)	31 App.:954(e)(1).	July 19, 1966, Puspan. L. 89–508, 80 Stat. 308, § 5(e); added Oct. 25, 1982, Puspan. L. 97–365, § 10(2), 96 Stat. 1755.
3701(a)(2)	31 App.:952(e)(1) (last sentence).	July 19, 1966, Puspan. L. 89–508, 80 Stat. 308, § 3(e)(1)(last sentence), (8); added Oct. 25, 1982, Puspan. L. 97–365, § 11, 96 Stat. 1755, 1756.
3701(a)(3)	31 App.:952(d)(4) (A).	July 19, 1966, Puspan. L. 89–508, 80 Stat. 308, § 3(d)(4); added Oct. 25, 1982, Puspan. L. 97–365, § 3, 96 Stat. 1750.
3701(a)(4), (5)	31:3701(1), (2).
3701(a)(6)	31 App.:952(d)(4) (B), (C).
3701(a)(7)	31:3701(3).
3701(span)	31 App.:952(g).	July 19, 1966, Puspan. L. 89–508, 80 Stat. 308, § 3(g); added Oct. 25, 1982, Puspan. L. 97–365, § 13(span), 96 Stat. 1758.
3701(c)	31 App.:952(e)(8).
	31 App.:954(e)(2).
3701(d)	31 App.:954(note) (related to 31 App.:952(d)–(f), 954, 955).	Oct. 25, 1982, Puspan. L. 97–365, § 8(e)(related to §§ 3, 10(2)–12, 13(span)), 96 Stat. 1754.

In subsections (a)(1), (span), and (c), the word “Government” is added for consistency in the revised title and with other titles of the United States Code.

In subsection (a)(3)(B), before clause (i), the word “money” is substituted for “monetary fees, dues” to eliminate unnecessary words. The words “engages in whole or in part in the practice of” are omitted as surplus. In clause (i), the words “credit or other” and “(as defined in clause (i) of this subparagraph)” are omitted as surplus.

In subsection (a)(6), 31 App.:952(d)(4)(C) is omitted as unnecessary.

In subsection (span), the words “all . . . from fees, duties, leases, rents, royalties, services, sales of real or personal property, overpayments, fines, penalties, damages, interest, taxes, forfeitures, and other sources” are omitted as surplus.

In subsection (c), the words “unit of general” are added for consistency in the revised title.

In subsection (d), the word “arising” is omitted as surplus.

Editorial Notes

References in Text

The Internal Revenue Code of 1986, referred to in subsecs. (a)(8) and (d)(1), is classified to Title 26, Internal Revenue Code.

The Social Security Act, referred to in subsec. (d)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. Sections 204(f) and 1631(span)(4) of the Act are classified to sections 404(f) and 1383(span)(4), respectively, of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

The tariff laws of the United States, referred to in subsec. (d)(3), are classified generally to Title 19, Customs Duties.

Amendments

2021—Subsec. (a)(7). Puspan. L. 116–283 inserted “Space Force,” after “Marine Corps,”.

2001—Subsec. (span)(1)(B). Puspan. L. 107–107 inserted “, including actual and administrative costs related to shoplifting, theft detection, and theft prevention” before comma at end.

1999—Subsec. (d)(2). Puspan. L. 106–169 substituted “sections 204(f) and 1631(span)(4)” for “section 204(f)”.

1996—Subsec. (a)(1). Puspan. L. 104–134, § 31001(z)(1)(A), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “ ‘administrative offset’ means withholding money payable by the United States Government to, or held by the Government for, a person to satisfy a debt the person owes the Government.”

Subsec. (a)(4). Puspan. L. 104–134, § 31001(c)(2), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “ ‘executive or legislative agency’ means a department, agency, or instrumentality in the executive or legislative branch of the Government.”

Subsec. (a)(8). Puspan. L. 104–134, § 31001(d)(3), added par. (8).

Subsec. (span). Puspan. L. 104–134, § 31001(z)(1)(B), amended subsec. (span) generally. Prior to amendment, subsec. (span) read as follows: “In subchapter II of this chapter, ‘claim’ includes amounts owing on account of loans insured or guaranteed by the Government and other amounts due the Government.”

Subsec. (c). Puspan. L. 104–134, § 31001(d)(1), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “In sections 3716 and 3717 of this title, ‘person’ does not include an agency of the United States Government, of a State government, or of a unit of general local government.”

Subsec. (d). Puspan. L. 104–316 substituted “Sections 3711(e)” for “Sections 3711(f)” in introductory provisions.

Puspan. L. 104–134, § 31001(z)(1)(D), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “Sections 3711(f) and 3716–3719 of this title do not apply to a claim or debt under, or to an amount payable under, the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.), the Social Security Act (42 U.S.C. 301 et seq.), except to the extent provided under section 204(f) of such Act (42 U.S.C. 404(f)),, or the tariff laws of the United States.”

Subsecs. (e), (f). Puspan. L. 104–134, § 31001(z)(1)(C), added subsecs. (e) and (f).

1994—Subsec. (d). Puspan. L. 103–387 inserted “, except to the extent provided under section 204(f) of such Act (42 U.S.C. 404(f)),” after “the Social Security Act (42 U.S.C. 301 et seq.)”.

1986—Subsec. (d). Puspan. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.

1983—Puspan. L. 97–452 designated existing provisions as subsec. (a), added pars. (1), (2), and (3), redesignated former par. (1) as (4) and substituted “Government” for “United States Government”, redesignated former par. (2) as (5), added par. (6), redesignated former par. (3) as (7) and struck out “the” before “Commissioned Corps” in two places, and added subsecs. (span) to (d).

Statutory Notes and Related Subsidiaries

Effective Date of 1999 Amendment

Puspan. L. 106–169, title II, § 203(d), Dec. 14, 1999, 113 Stat. 1832, provided that: “The amendments made by this section [amending this section and sections 404 and 1383 of Title 42, The Public Health and Welfare] shall apply to debt outstanding on or after the date of the enactment of this Act [Dec. 14, 1999].”

Effective Date of 1994 Amendment

Puspan. L. 103–387, § 5(c), Oct. 22, 1994, 108 Stat. 4077, as amended by Puspan. L. 104–134, title III, § 31001(z)(2)(B), Apr. 26, 1996, 110 Stat. 1321–379, provided that: “The amendments made by this section [amending this section and section 404 of Title 42, The Public Health and Welfare] shall apply to collection activities begun on or after the date of the enactment of this Act [Oct. 22, 1994].”

Short Title of 1996 Amendment

Puspan. L. 104–134, title III, § 31001(a)(1), Apr. 26, 1996, 110 Stat. 1321–358, provided that: “This section [enacting sections 3720B to 3720E of this title, amending this section, sections 3322, 3325, 3331, 3332, 3343, 3711, 3712, 3716 to 3719, 3720A, and 7701 of this title, section 5514 of Title 5, Government Organization and Employees, sections 6050P, 6103, and 6402 of Title 26, Internal Revenue Code, and sections 404 and 664 of Title 42, The Public Health and Welfare, enacting provisions set out as notes under this section, sections 3322, 3711, 3716, and 3719 of this title, and section 2461 of Title 28, Judiciary and Judicial Procedure, amending provisions set out as notes under this section and section 2461 of Title 28, and repealing provisions set out as notes under section 3718 of this title] may be cited as the ‘Debt Collection Improvement Act of 1996’.”

Short Title of 1986 Amendment

Puspan. L. 99–562, § 1, Oct. 27, 1986, 100 Stat. 3153, provided that: “This Act [enacting sections 3732 and 3733 of this title and amending sections 3729 to 3731 of this title and section 287 of Title 18, Crimes and Criminal Procedure] may be cited as the ‘False Claims Amendments Act of 1986’.”

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(span), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Purposes of 1996 Amendment

Puspan. L. 104–134, title III, § 31001(span), Apr. 26, 1996, 110 Stat. 1321–358, provided that: “The purposes of this section [see Short Title of 1996 Amendment note above] are the following:

“(1) To maximize collections of delinquent debts owed to the Government by ensuring quick action to enforce recovery of debts and the use of all appropriate collection tools.

“(2) To minimize the costs of debt collection by consolidating related functions and activities and utilizing interagency teams.

“(3) To reduce losses arising from debt management activities by requiring proper screening of potential borrowers, aggressive monitoring of all accounts, and sharing of information within and among Federal agencies.

“(4) To ensure that the public is fully informed of the Federal Government’s debt collection policies and that debtors are cognizant of their financial obligations to repay amounts owed to the Federal Government.

“(5) To ensure that debtors have all appropriate due process rights, including the ability to verify, challenge, and compromise claims, and access to administrative appeals procedures which are both reasonable and protect the interests of the United States.

“(6) To encourage agencies, when appropriate, to sell delinquent debt, particularly debts with underlying collateral.

“(7) To rely on the experience and expertise of private sector professionals to provide debt collection services to Federal agencies.”

United States Senate as Legislative Agency; Regulations Promulgated by Secretary of Senate

Puspan. L. 101–163, title I, § 11, Nov. 21, 1989, 103 Stat. 1046, provided that:

“(a) For purposes of subchapters I and II of chapter 37 of title 31, United States Code (relating to claims of or against the United States Government), the United States Senate shall be considered to be a legislative agency (as defined in section 3701(a)(4) of such title), and the Secretary of the Senate shall be deemed to be the head of such legislative agency.

“(span) Regulations prescribed by the Secretary of the Senate pursuant to section 3716 of title 31, United States Code, shall not become effective until they are approved by the Senate Committee on Rules and Administration.”