31 USC 3716: Administrative offset

31 USC 3716: Administrative offset Text contains those laws in effect on January 4, 1995

From Title 31-MONEY AND FINANCESUBTITLE III-FINANCIAL MANAGEMENTCHAPTER 37-CLAIMSSUBCHAPTER II-CLAIMS OF THE UNITED STATES GOVERNMENT

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§3716. Administrative offset

(a) After trying to collect a claim from a person under section 3711(a) of this title, the head of an executive or legislative agency may collect the claim by administrative offset. The head of the agency may collect by administrative offset only after giving the debtor-

(1) written notice of the type and amount of the claim, the intention of the head of the agency to collect the claim by administrative offset, and an explanation of the rights of the debtor under this section;

(2) an opportunity to inspect and copy the records of the agency related to the claim;

(3) an opportunity for a review within the agency of the decision of the agency related to the claim; and

(4) an opportunity to make a written agreement with the head of the agency to repay the amount of the claim.

(b) Before collecting a claim by administrative offset under subsection (a) of this section, the head of an executive or legislative agency must prescribe regulations on collecting by administrative offset based on-

(1) the best interests of the United States Government;

(2) the likelihood of collecting a claim by administrative offset; and

(3) for collecting a claim by administrative offset after the 6-year period for bringing a civil action on a claim under section 2415 of title 28 has expired, the cost effectiveness of leaving a claim unresolved for more than 6 years.

(1) to a claim under this subchapter that has been outstanding for more than 10 years; or

(2) when a statute explicitly provides for or prohibits using administrative offset to collect the claim or type of claim involved.

(Added Pub. L. 97–452, §1(16)(A), Jan. 12, 1983, 96 Stat. 2471 .)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
3716(a)	31 App.:954(a) (words before last comma), (c).	July 19, 1966, Pub. L. 89–508, 80 Stat. 308 , §5(a)–(d); added Oct. 25, 1982, Pub. L. 97–365, §10(2), 96 Stat. 1754 .
3716(b)	31 App.:954(b).
3716(c)(1)	31 App.:954(a) (words after last comma).
3716(c)(2)	31 App.:954(d).

In the subchapter, the words "or his designee" are omitted as unnecessary.

In subsection (a)(1), the words "head of the" are added for consistency in the revised title and with other titles of the United States Code.

In subsection (b)(1), the word "Government" is added for consistency in the revised title and with other titles of the Code.

In subsection (b)(3), the word "civil" is added for consistency in the revised title and with other titles of the Code.

In subsection (c)(2), the word "either" is omitted as surplus.

Section Referred to in Other Sections

This section is referred to in sections 3701, 3807 of this title; title 5 section 5514; title 18 section 1114; title 28 section 2415; title 38 section 5301; title 42 section 404.