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Title 19 — Customs Duties

Part V · Chapter 4 — Tariff Act of 1930

§ 1631. Use of private collection agencies

Statutory text

(a)

In general

Notwithstanding any other provision of law, the Secretary, under such terms and conditions as the Secretary considers appropriate, shall enter into contracts and incur obligations with one or more persons for collection services to recover indebtedness arising under the customs laws and owed the United States Government, but only after the Customs Service has exhausted all administrative efforts, including all claims against applicable surety bonds, to collect the indebtedness.

(b)

Contract requirements

Any contract entered into under subsection (a) shall provide that—

(1)

the Secretary 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 subsection (m) of such section; and

(B)

laws and regulations of the United States Government and State governments related to debt collection practices.

(c)

Payment of costs

The debtor shall be assessed and pay any and all costs associated with collection efforts pursuant to this section. Notwithstanding section 3302(b) of title 31, any sum so collected shall be used to pay the costs of debt collection services.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. North American Free Trade Agreement Implementation Act

    Pub. L. 103–182 title VI § 671 · 107 Stat. 2057

    Enacted · 19 U.S.C. § 1631

    June 17, 1930, ch. 497, title IV, § 631, as added Pub. L. 103–182, title VI, § 671, Dec. 8, 1993, 107 Stat. 2217

    Source evidence

    Code source credit
    June 17, 1930, ch. 497, title IV, § 631, as added Pub. L. 103–182, title VI, § 671, Dec. 8, 1993, 107 Stat. 2217

    Enacted provision · exact public law section
    SEC. 671. USE OF PRIVATE COLLECTION AGENCIES. The Tariff Act of 1930 is amended by inserting after section 630 the following new section: “SEC. 631. USE OF PRIVATE COLLECTION AGENCIES. “(a) In General.— Notwithstanding any other provision of law, Contracts. the Secretary, under such terms and conditions as the Secretary considers appropriate, shall enter into contracts and incur obligations with one or more persons for collection services to recover indebtedness arising under the customs laws and owed the United States Government, but only after the Customs Service has exhausted all administrative efforts, including all claims against applicable surety bonds, to collect the indebtedness. “(b) Contract Requirements.— Any contract entered into under subsection (a) shall provide that— “(1) the Secretary 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, United States Code, to the extent provided in subsection (m) of such section; and “(B) laws and regulations of the United States Government and State governments related to debt collection practices.”.

  2. Miscellaneous Trade and Technical Corrections Act of 1996

    Pub. L. 104–295 § 3(a)(9) · 110 Stat. 3514

    1. Amended · 19 U.S.C. § 1631(c)

      Pub. L. 104–295, as amended by Pub. L. 106–36

    2. Added · 19 U.S.C. § 1631(c)

      Pub. L. 104–295, as added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 104–295, as amended by Pub. L. 106–36, added subsec. (c).

    Enacted provision · exact public law section
    (9) Debt collection.— Section 631(a) of the Tariff Act of 1930 (19 U.S.C. 1631(a)) is amended by adding at the end the following new subsection: “(c) Payment of Costs.— The debtor shall be assessed and pay any and all costs associated with collection efforts pursuant to this section. Notwithstanding section 3302(b) of title 31, United States Code, any sum so collected shall be used to pay the costs of debt collection services.”.

    Effective date note
    Amendment by Pub. L. 104–295 applicable as of Dec. 8, 1993, see section 3(b) of Pub. L. 104–295, set out as a note under section 1321 of this title.

  3. Miscellaneous Trade and Technical Corrections Act of 1999

    Pub. L. 106–36 title I § 1001(b)(5)(A) · 113 Stat. 127

    Amended · 19 U.S.C. § 1631(c)

    Pub. L. 106–36 amended directory language of Pub. L. 104–295. See 1996 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 106–36 amended directory language of Pub. L. 104–295. See 1996 Amendment note below.

    Enacted provision · exact public law section
    (A) Section 3(a)(9) of the Miscellaneous Trade and Technical Corrections Act of 1996 is amended by striking “631(a)” and “1631(a)” and 19 USC 1631. inserting “631” and “1631”, respectively.

4 of 4 references resolved to an enrolled provision

Editorial Notes

Amendments1996–1999 · 2 rounds

1999

Subsec. (c). Pub. L. 106–36 amended directory language of Pub. L. 104–295. See 1996 Amendment note below.

1996

Subsec. (c). Pub. L. 104–295, as amended by Pub. L. 106–36, added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–295 applicable as of , see section 3(b) of Pub. L. 104–295, set out as a note under section 1321 of this title.

Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of , see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.

Credits

1930–1999 · 3 acts
  1. 1930June 17, 1930, ch. 497, title IV, § 631, as added Pub. L. 103–182, title VI, § 671, , 107 Stat. 2217
  2. 1996amended Pub. L. 104–295, § 3(a)(9), , 110 Stat. 3516
  3. 1999Pub. L. 106–36, title I, § 1001(b)(5)(A), , 113 Stat. 132.
Show as published

(June 17, 1930, ch. 497, title IV, § 631, as added Pub. L. 103–182, title VI, § 671, , 107 Stat. 2217; amended Pub. L. 104–295, § 3(a)(9), , 110 Stat. 3516; Pub. L. 106–36, title I, § 1001(b)(5)(A), , 113 Stat. 132.)

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