Page:United States Statutes at Large Volume 96 Part 2.djvu/1111

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PUBLIC LAW 97-000—MMMM. DD, 1982

PUBLIC LAW 97-452—JAN. 12, 1983

96 STAT. 2473

"(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. "(f) Interest under subsection (a) of this section does not accrue on a chaise assessed under subsection (e) of this section. "(g) This section does not apply— "(1) if a statute, regulation required by statute, loan agreement, or contract prohibits charging interest or assessing charges or explicitly fixes the interest or charges; and "(2) to a claim under a contract executed before October 25, 1982, that is in effect on October 25, 1982. "(h) In conformity with standards prescribed jointly by the Attorney General and the (Comptroller General, the head of an executive or legislative agency may prescribe reg[ulations identifying circumstances appropriate to waiving collection of interest and charges under subsections (a) and (e) of this section. A waiver under the regulations is deemed to be compliance with this section. "§ 3718. Contracts for collection services "(a) Under conditions the head of an executive or legislative agency considers appropriate, the head of the agency may make a contract with a person for collection services to recover indebtedness owed the United States Government. 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 &J section 552a(m); and "(B) laws and regulations of the United States Government and State governments related to debt collection practices. "(b) Notwithstanding section 3302(b) of this title, a contract under subsection (a) of this section may provide that a fee a person charges to recover indebtedness owed the United States Government is pavable from the amount recovered. (c) A contract under subsection (a) of this section is effective only to the extent and in the amount provided in an appropriation law. "(d) This section does not apply to the collection of debts under the Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.). "§ 3719. Reports on debt collection activities "(a) In consultation with the Secretary of the Treasury and the dJomptroller General, the Director of the Office of Management and Budget shall prescribe regulations requiring the head of each agency with outstanding debts to prepare and submit to the Director and the Secretary at least once each year a report summarizing the status of loans and accounts receivable 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;

Penalty.

Limitations.

R^uiations.

Waiver, 31 USC 3718.

Z:'ti

Ante, p. 948.

'm31 USC 3719. Regulations.