110 STAT. 1321-379
PUBLIC LAW 104-134—APR. 26, 1996
"(E) the unpaid share of any non-Federal partner in a
program involving a Federal payment and a matching, or costsharing, payment by the non-Federal partner,
"(F) any fines or penalties assessed by an agency; 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) by adding after subsection (d) the following new subsection:
"(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."; and
(D) by amending subsection (d) to read as follows:
"(d) Sections 3711(f) 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 section 204(f) of such Act and
section 3716(c) of this title, or
"(3) the tariff laws of the United States.".
(2) SOCIAL SECURITY.—
(A) APPLICATION OF AMENDMENTS MADE BY THIS ACT.—
Subsection (f) of section 204 of the Social Security Act (42
U.S.C. 404) is amended to read as follows:
"(f)(1) With respect to any deliquent amount, the Commissioner of Social Security may use the collection practices
described in sections 3711(f), 3716, 3717, and 3718 of title
31, United States Code and in section 5514 of title 5, United
States Code, as in effect immediately after the enactment of
the Debt Collection Improvement Act of 1996."
(B) PERMANENT APPLICATION. —Subsection (c) of section 5
of the Social Security Domestic Reform Act of 1994 (Public
31 USC 3701
Law 103-387) is amended by striking "and before" and all
note.
that follows and inserting a period.
31 USC 3711
(aa)(l) GUIDELINES. — The Secretary of the Treasury, in connote,
sultation with concerned Federal agencies, may establish guidelines,
including information on outstanding debt, to assist agencies in
the performance and monitoring of debt collection activities.
31 USC 3711
(2) REPORT.— Not later than 3 years after the date of enactment
note.
of this Act, the Secretary of the Treasury shall report to the Congress on collection services provided by Federal agencies or entities
collecting debt on behalf of other Federal agencies under the
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