§ 3701. Definitions and application

Footnotes

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

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. 1982

   Pub. L. 97–258 · 96 Stat. 970

   Enacted · 31 U.S.C. § 3701

   Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 970

   Source evidence

   Code source credit
   Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 970

2. 1983

   Pub. L. 97–452 § 1(13)(A) · 96 Stat. 2467

   1. Amended · 31 U.S.C. § 3701

      Pub. L. 97–452 designated existing provisions as subsec. (a)

   2. Added · 31 U.S.C. § 3701

      Pub. L. 97–452 added pars. (1), (2), and (3)

   3. Redesignated · 31 U.S.C. § 3701

      Pub. L. 97–452 redesignated former par. (1) as (4)

   4. Substituted · 31 U.S.C. § 3701

      Pub. L. 97–452 substituted “Government” for “United States Government”

   5. Redesignated · 31 U.S.C. § 3701

      Pub. L. 97–452 redesignated former par. (2) as (5)

   6. Added · 31 U.S.C. § 3701

      Pub. L. 97–452 added par. (6)

   7. Redesignated · 31 U.S.C. § 3701

      Pub. L. 97–452 redesignated former par. (3) as (7)

   8. Struck · 31 U.S.C. § 3701

      Pub. L. 97–452 struck out “the” before “Commissioned Corps” in two places

   9. Added · 31 U.S.C. § 3701

      Pub. L. 97–452 added subsecs. (b) to (d)

   Source evidence

   Code amendment note
   Pub. 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. (b) to (d).

   Enacted provision · exact public law section
   (A) Section 3701 is amended to read as follows: “§ 3701. Definitions and application “(a) In this chapter— “(1) ‘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. “(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 or legislative agency’ means a department, agency, or instrumentality in the executive or legislative branch of the Government. “(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, Coast Guard, Commissioned Corps of the National Oceanic and Atmospheric Administration, and Commissioned Corps of the Public Health Service. “(b) Ante, p. 971. 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. “(c) Post, pp. 2471, 2472. 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. “(d) Infra; post, pp. 2471–2473. 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 1954 (26 U.S.C. 1 et seq.), the Social Security Act (42 U.S.C. 301 et seq.), or the tariff laws of the United States.”.

3. 1986

   Tax Reform Act of 1986

   Pub. L. 99–514 § 2 · 100 Stat. 2085

   Substituted · 31 U.S.C. § 3701(d)

   Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.

   Enacted provision · exact public law section
   SEC. 2. INTERNAL REVENUE CODE OF 1986. (a) Redesignation of 1954 Code.— The Internal Revenue Title enacted August 16, 1954, as heretofore, hereby, or hereafter amended, may be cited as the “Internal Revenue Code of 1986”. (b) References in Laws, Etc.— Except when inappropriate, any reference in any law, Executive order, or other document— (1) to the Internal Revenue Code of 1954 shall include a reference to the Internal Revenue Code of 1986, and (2) to the Internal Revenue Code of 1986 shall include a reference to the provisions of law formerly known as the Internal Revenue Code of 1954.

4. 1994

   Social Security Domestic Employment Reform Act of 1994

   Pub. L. 103–387 § 5(b) · 108 Stat. 4071

   Inserted · 31 U.S.C. § 3701(d)

   Pub. 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.)”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. 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.)”.

   Enacted provision · exact public law section
   (b) Conforming Amendment.— Section 3701(d) of title 31, United States Code, is amended by inserting “, 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.)”.

5. 1996

   Debt Collection Improvement Act of 1996

   Pub. L. 104–134 § 31001(z)(1)(A) · 110 Stat. 1321

   Amended · 31 U.S.C. § 3701(a)(1)

   Pub. 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.”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. 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.”

   Enacted provision · exact public law section
   (A) by amending subsection (a)(1) to read as follows: “(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.”;

6. 1996

   Debt Collection Improvement Act of 1996

   Pub. L. 104–134 § 31001(c)(2) · 110 Stat. 1321

   Amended · 31 U.S.C. § 3701(a)(4)

   Pub. 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.”

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. 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.”

   Enacted provision · exact public law section
   (2) by amending section 3701(a)(4) to read as follows: “(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.”.

7. 1996

   Debt Collection Improvement Act of 1996

   Pub. L. 104–134 § 31001(d)(3) · 110 Stat. 1321

   Added · 31 U.S.C. § 3701(a)(8)

   Pub. L. 104–134, § 31001(d)(3), added par. (8)

   Source evidence

   Code amendment note
   Subsec. (a)(8). Pub. L. 104–134, § 31001(d)(3), added par. (8).

   Enacted provision · exact public law section
   (3) Nontax Debt or Claim Defined.— Section 3701 of title 31, United States Code, is amended in subsection (a) by adding at the end the following new paragraph: “(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.”.

8. 1996

   Debt Collection Improvement Act of 1996

   Pub. L. 104–134 § 31001(z)(1)(B) · 110 Stat. 1321

   Amended · 31 U.S.C. § 3701(b)

   Pub. L. 104–134, § 31001(z)(1)(B), amended subsec. (b) generally. Prior to amendment, subsec. (b) 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.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–134, § 31001(z)(1)(B), amended subsec. (b) generally. Prior to amendment, subsec. (b) 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.”

   Enacted provision · exact public law section
   (B) by amending subsection (b) to read as follows: “(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 non appropriated funds, “(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; 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.”;

9. 1996

   Debt Collection Improvement Act of 1996

   Pub. L. 104–134 § 31001(d)(1) · 110 Stat. 1321

   Amended · 31 U.S.C. § 3701(c)

   Pub. 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.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. 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.”

   Enacted provision · exact public law section
   (1) Persons Subject to Administrative Offset.— Section 3701(c) of title 31, United States Code, is amended to read as follows: “(c) In sections 3716 and 3717 of this title, the term ‘person’ does not include an agency of the United States Government.”.

10. 1996

    Debt Collection Improvement Act of 1996

    Pub. L. 104–134 § 31001(z)(1)(D) · 110 Stat. 1321

    Amended · 31 U.S.C. § 3701(d)

    Pub. 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.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. 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.”

    Enacted provision · exact public law section
    (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.”.

11. 1996

    Debt Collection Improvement Act of 1996

    Pub. L. 104–134 § 31001(z)(1)(C) · 110 Stat. 1321

    Added · 31 U.S.C. § 3701(e); 31 U.S.C. § 3701(f)

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

    Source evidence

    Code amendment note
    Subsecs. (e), (f). Pub. L. 104–134, § 31001(z)(1)(C), added subsecs. (e) and (f).

    Enacted provision · exact public law section
    (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

12. 1996

    General Accounting Office Act of 1996

    Pub. L. 104–316 title I § 115(g)(2)(A) · 110 Stat. 3826

    Substituted · 31 U.S.C. § 3701(d)

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

    Source evidence

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

    Enacted provision · exact public law section
    (A) Section 3701(d) of title 31, United States Code, is amended by striking “3711(f)” and inserting “3711(e)”.

13. 1999

    Pub. L. 106–169 title II § 203(b) · 113 Stat. 1822

    Substituted · 31 U.S.C. § 3701(d)(2)

    Pub. L. 106–169 substituted “sections 204(f) and 1631(b)(4)” for “section 204(f)”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 106–169 substituted “sections 204(f) and 1631(b)(4)” for “section 204(f)”.

    Enacted provision · exact public law section
    (b) Conforming Amendments.— Section 3701(d)(2) of title 31, United States Code, is amended by striking “section 204(f)” and inserting “sections 204(f) and 1631(b)(4)”.

    Effective date note
    Pub. 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].”

14. 2001

    National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 div. A title III § 335 · 115 Stat. 1012

    Inserted · 31 U.S.C. § 3701(b)(1)(B)

    Pub. L. 107–107 inserted “, including actual and administrative costs related to shoplifting, theft detection, and theft prevention” before comma at end

    Source evidence

    Code amendment note
    Subsec. (b)(1)(B). Pub. L. 107–107 inserted “, including actual and administrative costs related to shoplifting, theft detection, and theft prevention” before comma at end.

    Enacted provision · exact public law section
    SEC. 335. CIVIL RECOVERY FOR NONAPPROPRIATED FUND INSTRUMENTALITY COSTS RELATED TO SHOPLIFTING. Section 3701(b)(1)(B) of title 31, United States Code, is amended by inserting before the comma at the end the following: “, including actual and administrative costs related to shoplifting, theft detection, and theft prevention”.

15. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title IX § 927(d)(1) · 134 Stat. 3388

    Inserted · 31 U.S.C. § 3701(a)(7)

    Pub. L. 116–283 inserted “Space Force,” after “Marine Corps,”

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 116–283 inserted “Space Force,” after “Marine Corps,”.

    Enacted provision · exact public law section
    (1) Definitions relating to claims.— Section 3701(a)(7) of title 31, United States Code, is amended by inserting “Space Force,” after “Marine Corps,”.

22 of 23 references resolved to an enrolled provision · 1 partial