31 Usc 3701

31 USC 3701.pdf

Debt Collection Financial Statement

31 USC 3701

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[§ 3561

TITLE 31—MONEY AND FINANCE

[§ 3561. Repealed. Pub. L. 111–204, § 2(h)(6)(A)(i),
July 22, 2010, 124 Stat. 2231]

CHAPTER 37—CLAIMS
SUBCHAPTER I—GENERAL

Section, added Pub. L. 107–107, div. A, title VIII,
§ 831(a)(1), Dec. 28, 2001, 115 Stat. 1186, related to identification of errors made by executive agencies in payments to contractors and recovery of amounts erroneously paid.

Sec.

§ 3562. Disposition of recovered funds

3711.
3712.

(a) AVAILABILITY OF FUNDS FOR RECOVERY AUDITS AND ACTIVITIES PROGRAM.—Funds collected
under a program carried out by an executive
agency under section 3561 1 of this title shall be
available to the executive agency for the following purposes:
(1) To reimburse the actual expenses incurred by the executive agency in the administration of the program.
(2) To pay contractors for services under the
program in accordance with the guidance issued under section 3561(c)(5) 1 of this title.
[(b),
(c).
Repealed.
Pub.
L.
111–204,
§ 2(h)(6)(A)(i), July 22, 2010, 124 Stat. 2231.]
(Added Pub. L. 107–107, div. A, title VIII,
§ 831(a)(1), Dec. 28, 2001, 115 Stat. 1187; Pub. L.
111–204, § 2(h)(6)(A), July 22, 2010, 124 Stat. 2231.)

3701.
3702.

3721.

CODIFICATION
Pub. L. 111–204, § 2(h)(6)(A), July 22, 2010, 124 Stat.
2231, provided that this section is repealed except that
subsec. (a) shall continue in effect, but references in
such subsec. to programs carried out under section 3561
of this title shall be interpreted to mean programs carried out under section 2(h) of Pub. L. 111–204, which is
set out as a note under section 3321 of this title.
AMENDMENTS
2010—Pub. L. 111–204 repealed section but provided
that subsec. (a) was to continue in effect, with certain
exceptions. See Codification note above. Prior to
amendment, in addition to subsec. (a), section contained subsecs. (b) and (c) which related to treatment
of funds not used for program under section 3561 of this
title and priority of other authorized dispositions, respectively.

[§§ 3563 to 3567. Repealed. Pub. L. 111–204,
§ 2(h)(6)(A)(i), July 22, 2010, 124 Stat. 2231]
Section 3563, added Pub. L. 107–107, div. A, title VIII,
§ 831(a)(1), Dec. 28, 2001, 115 Stat. 1187, related to sources
of recovery services.
Section 3564, added Pub. L. 107–107, div. A, title VIII,
§ 831(a)(1), Dec. 28, 2001, 115 Stat. 1188, related to management improvement programs.
Section 3565, added Pub. L. 107–107, div. A, title VIII,
§ 831(a)(1), Dec. 28, 2001, 115 Stat. 1188, related to relationship of subchapter VI to authority of Inspectors
General.
Section 3566, added Pub. L. 107–107, div. A, title VIII,
§ 831(a)(1), Dec. 28, 2001, 115 Stat. 1188, related to privacy
protections.
Section 3567, added Pub. L. 107–107, div. A, title VIII,
§ 831(a)(1), Dec. 28, 2001, 115 Stat. 1188; amended Pub. L.
111–350, § 5(h)(5), Jan. 4, 2011, 124 Stat. 3849, defined ‘‘executive agency’’.
1 See

References in Text and Codification notes below.

Definitions and application.
Authority to settle claims.
SUBCHAPTER II—CLAIMS OF THE UNITED
STATES GOVERNMENT

Collection and compromise.
Time limitations for presenting certain
claims of the Government.
3713.
Priority of Government claims.
3714.
Keeping money due States in default.
3715.
Buying real property of a debtor.
3716.
Administrative offset.
3717.
Interest and penalty on claims.
3718.
Contracts for collection services.
3719.
Reports on debt collection activities.
3720.
Collection of payments.
3720A.
Reduction of tax refund by amount of debt.
3720B.
Barring delinquent Federal debtors from obtaining Federal loans or loan insurance
guarantees.
3720C.
Debt Collection Improvement Account.
3720D.
Garnishment.
3720E.
Dissemination of information regarding identity of delinquent debtors.
SUBCHAPTER III—CLAIMS AGAINST THE UNITED
STATES GOVERNMENT

REFERENCES IN TEXT
Section 3561 of this title, referred to in subsec. (a),
was repealed by Pub. L. 111–204, § 2(h)(6)(A)(i), July 22,
2010, 124 Stat. 2231.

Page 250

3722.
3723.
3724.

3725.
3726.
3727.
3728.
3729.
3730.
3731.
3732.
3733.

Claims of personnel of agencies and the District of Columbia government for personal
property damage or loss.
Claims of officers and employees at Government penal and correctional institutions.
Small claims for privately owned property
damage or loss.
Claims for damages caused by investigative
or law enforcement officers of the Department of Justice.
Claims of non-nationals for personal injury or
death in a foreign country.
Payment for transportation.
Assignments of claims.
Setoff against judgment.
False claims.
Civil actions for false claims.
False claims procedure.
False claims jurisdiction.
Civil investigative demands.
AMENDMENTS

1996—Pub. L. 104–316, title II, § 202(n)(2), Oct. 19, 1996,
110 Stat. 3844, substituted ‘‘Authority to settle claims’’
for ‘‘Authority of the Comptroller General to settle
claims’’ in item 3702.
Pub. L. 104–134, title III, § 31001(j)(2), (o)(2), (r)(2),
(t)(2), Apr. 26, 1996, 110 Stat. 1321–365, 1321–371, 1321–373,
1321–375, added items 3720B to 3720E.
1989—Pub. L. 101–203, § 1(b)(2), Dec. 7, 1989, 103 Stat.
1805, substituted ‘‘investigative or law enforcement officers of the Department of Justice’’ for ‘‘the Federal
Bureau of Investigation’’ in item 3724.
1986—Pub. L. 99–562, § 6(b), Oct. 27, 1986, 100 Stat. 3168,
added items 3732 and 3733.
1984—Pub. L. 98–369, div. B, title VI, §§ 2652(a)(2),
2653(a)(2), July 18, 1984, 98 Stat. 1152, 1154, added items
3720 and 3720A.
1983—Pub. L. 97–452, § 1(13)(B), (16)(B), Jan. 12, 1983, 96
Stat. 2470, 2474, inserted ‘‘and application’’ in item 3701
and added items 3716–3719.

SUBCHAPTER I—GENERAL
§ 3701. Definitions and application
(a) In this chapter—
(1) ‘‘administrative offset’’ means withholding funds payable by the United States (in-

Page 251

§ 3701

TITLE 31—MONEY AND FINANCE

cluding 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.
(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, 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.
(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.
(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.
(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 nonappropriated funds,
including actual and administrative costs related to shoplifting, theft detection, and theft
prevention,
(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; 1 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) In sections 3716 and 3717 of this title, the
term ‘‘person’’ does not include an agency of the
United States Government.
(d) Sections 3711(e) 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 sections 204(f) and 1631(b)(4) of such Act and section 3716(c) of this title, or
(3) the tariff laws of the United States.
(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.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 970; Pub.
L. 97–452, § 1(13)(A), Jan. 12, 1983, 96 Stat. 2469;
Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095;
Pub. L. 103–387, § 5(b), Oct. 22, 1994, 108 Stat. 4077;
Pub. L. 104–134, title III, § 31001(c)(2), (d)(1), (3),
(z)(1), Apr. 26, 1996, 110 Stat. 1321–359, 1321–361,
1321–378; Pub. L. 104–316, title I, § 115(g)(2)(A),
Oct. 19, 1996, 110 Stat. 3835; Pub. L. 106–169, title
II, § 203(b), Dec. 14, 1999, 113 Stat. 1832; Pub. L.
107–107, div. A, title III, § 335, Dec. 28, 2001, 115
Stat. 1060.)
HISTORICAL AND REVISION NOTES
1982 ACT
Revised
Section

Source (U.S. Code)

3701(1) .....

31:951.

3701(2) .....

31:240(1), (4).

3701(3) .....

31:240(2).

Source (Statutes at Large)
July 19, 1966, Pub. L. 89–508,
§ 2, 80 Stat. 308.
Aug. 31, 1964, Pub. L. 88–558,
§ 2(1), (2), (4), 78 Stat. 767; restated Sept. 15, 1965, Pub. L.
89–185, § 3(a), 79 Stat. 789.

Clause (1) is substituted for 31:951(a) for consistency.
The text of 31:951(b) is omitted as unnecessary because
of laws vesting authority in the commission, board, or
other group of individuals and for consistency in the revised title and with other titles of the United States
Code.
In clause (2), the text of 31:240(1) is omitted as unnecessary because of the restatement.
1 So

in original. The semicolon probably should be a comma.

§ 3701

TITLE 31—MONEY AND FINANCE
1983 ACT

Revised
Section

Source (U.S. Code)

3701(a)(1)

31 App.:954(e)(1).

3701(a)(2)

31 App.:952(e)(1)
(last sentence).

3701(a)(3)

31 App.:952(d)(4) (A).

3701(a)(4),
(5).
3701(a)(6)
3701(a)(7)
3701(b) .....

3701(c) .....
3701(d) .....

Source (Statutes at Large)
July 19, 1966, Pub. L. 89–508, 80
Stat. 308, § 5(e); added Oct.
25, 1982, Pub. L. 97–365,
§ 10(2), 96 Stat. 1755.
July 19, 1966, Pub. L. 89–508, 80
Stat. 308, § 3(e)(1)(last sentence), (8); added Oct. 25,
1982, Pub. L. 97–365, § 11, 96
Stat. 1755, 1756.
July 19, 1966, Pub. L. 89–508, 80
Stat. 308, § 3(d)(4); added
Oct. 25, 1982, Pub. L. 97–365,
§ 3, 96 Stat. 1750.

31:3701(1), (2).
31 App.:952(d)(4) (B),
(C).
31:3701(3).
31 App.:952(g).

31 App.:952(e)(8).
31 App.:954(e)(2).
31 App.:954(note)
(related to 31
App.:952(d)–(f),
954, 955).

July 19, 1966, Pub. L. 89–508, 80
Stat. 308, § 3(g); added Oct.
25, 1982, Pub. L. 97–365,
§ 13(b), 96 Stat. 1758.
Oct. 25, 1982, Pub. L. 97–365,
§ 8(e)(related to §§ 3, 10(2)–12,
13(b)), 96 Stat. 1754.

In subsections (a)(1), (b), and (c), the word ‘‘Government’’ is added for consistency in the revised title and
with other titles of the United States Code.
In subsection (a)(3)(B), before clause (i), the word
‘‘money’’ is substituted for ‘‘monetary fees, dues’’ to
eliminate unnecessary words. The words ‘‘engages in
whole or in part in the practice of’’ are omitted as surplus. In clause (i), the words ‘‘credit or other’’ and ‘‘(as
defined in clause (i) of this subparagraph)’’ are omitted
as surplus.
In subsection (a)(6), 31 App.:952(d)(4)(C) is omitted as
unnecessary.
In subsection (b), the words ‘‘all . . . from fees, duties, leases, rents, royalties, services, sales of real or
personal property, overpayments, fines, penalties, damages, interest, taxes, forfeitures, and other sources’’ are
omitted as surplus.
In subsection (c), the words ‘‘unit of general’’ are
added for consistency in the revised title.
In subsection (d), the word ‘‘arising’’ is omitted as
surplus.
REFERENCES IN TEXT
The Internal Revenue Code of 1986, referred to in subsecs. (a)(8) and (d)(1), is classified to Title 26, Internal
Revenue Code.
The Social Security Act, referred to in subsec. (d)(2),
is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended,
which is classified generally to chapter 7 (§ 301 et seq.)
of Title 42, The Public Health and Welfare. Sections
204(f) and 1631(b)(4) of the Act are classified to sections
404(f) and 1383(b)(4), respectively, of Title 42. For complete classification of this Act to the Code, see section
1305 of Title 42 and Tables.
The tariff laws of the United States, referred to in
subsec. (d)(3), are classified generally to Title 19, Customs Duties.
AMENDMENTS
2001—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.
1999—Subsec. (d)(2). Pub. L. 106–169 substituted ‘‘sections 204(f) and 1631(b)(4)’’ for ‘‘section 204(f)’’.
1996—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.’’
Subsec. (a)(4). Pub. L. 104–134, § 31001(c)(2), amended
par. (4) generally. Prior to amendment, par. (4) read as

Page 252

follows: ‘‘ ‘executive or legislative agency’ means a department, agency, or instrumentality in the executive
or legislative branch of the Government.’’
Subsec. (a)(8). Pub. L. 104–134, § 31001(d)(3), added par.
(8).
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.’’
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.’’
Subsec. (d). Pub. L. 104–316 substituted ‘‘Sections
3711(e)’’ for ‘‘Sections 3711(f)’’ in introductory provisions.
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.’’
Subsecs. (e), (f). Pub. L. 104–134, § 31001(z)(1)(C), added
subsecs. (e) and (f).
1994—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.)’’.
1986—Subsec. (d). Pub. L. 99–514 substituted ‘‘Internal
Revenue Code of 1986’’ for ‘‘Internal Revenue Code of
1954’’.
1983—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).
EFFECTIVE DATE OF 1999 AMENDMENT
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].’’
EFFECTIVE DATE OF 1994 AMENDMENT
Section 5(c) of Pub. L. 103–387, as amended by Pub. L.
104–134, title III, § 31001(z)(2)(B), Apr. 26, 1996, 110 Stat.
1321–379, provided that: ‘‘The amendments made by this
section [amending this section and section 404 of Title
42, The Public Health and Welfare] shall apply to collection activities begun on or after the date of the enactment of this Act [Oct. 22, 1994].’’
SHORT TITLE OF 1996 AMENDMENT
Section 31001(a)(1) of Pub. L. 104–134 provided that:
‘‘This section [enacting sections 3720B to 3720E of this
title, amending this section, sections 3322, 3325, 3331,
3332, 3343, 3711, 3712, 3716 to 3719, 3720A, and 7701 of this
title, section 5514 of Title 5, Government Organization
and Employees, sections 6050P, 6103, and 6402 of Title 26,
Internal Revenue Code, and sections 404 and 664 of Title
42, The Public Health and Welfare, enacting provisions
set out as notes under this section, sections 3322, 3711,
3716, and 3719 of this title, and section 2461 of Title 28,
Judiciary and Judicial Procedure, amending provisions
set out as notes under this section and section 2461 of
Title 28, and repealing provisions set out as notes under
section 3718 of this title] may be cited as the ‘Debt Collection Improvement Act of 1996’.’’

Page 253

TITLE 31—MONEY AND FINANCE
SHORT TITLE OF 1986 AMENDMENT

Pub. L. 99–562, § 1, Oct. 27, 1986, 100 Stat. 3153, provided
that: ‘‘This Act [enacting sections 3732 and 3733 of this
title and amending sections 3729 to 3731 of this title and
section 287 of Title 18, Crimes and Criminal Procedure]
may be cited as the ‘False Claims Amendments Act of
1986’.’’
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
PURPOSES OF 1996 AMENDMENT
Section 31001(b) of Pub. L. 104–134 provided that: ‘‘The
purposes of this section [see Short Title of 1996 Amendment note above] are the following:
‘‘(1) To maximize collections of delinquent debts
owed to the Government by ensuring quick action to
enforce recovery of debts and the use of all appropriate collection tools.
‘‘(2) To minimize the costs of debt collection by
consolidating related functions and activities and
utilizing interagency teams.
‘‘(3) To reduce losses arising from debt management
activities by requiring proper screening of potential
borrowers, aggressive monitoring of all accounts, and
sharing of information within and among Federal
agencies.
‘‘(4) To ensure that the public is fully informed of
the Federal Government’s debt collection policies
and that debtors are cognizant of their financial obligations to repay amounts owed to the Federal Government.
‘‘(5) To ensure that debtors have all appropriate due
process rights, including the ability to verify, challenge, and compromise claims, and access to administrative appeals procedures which are both reasonable
and protect the interests of the United States.
‘‘(6) To encourage agencies, when appropriate, to
sell delinquent debt, particularly debts with underlying collateral.
‘‘(7) To rely on the experience and expertise of private sector professionals to provide debt collection
services to Federal agencies.’’
UNITED STATES SENATE AS LEGISLATIVE AGENCY;
REGULATIONS PROMULGATED BY SECRETARY OF SENATE
Pub. L. 101–163, title I, § 11, Nov. 21, 1989, 103 Stat.
1046, provided that:
‘‘(a) For purposes of subchapters I and II of chapter 37
of title 31, United States Code (relating to claims of or
against the United States Government), the United
States Senate shall be considered to be a legislative
agency (as defined in section 3701(a)(4) of such title),
and the Secretary of the Senate shall be deemed to be
the head of such legislative agency.
‘‘(b) Regulations prescribed by the Secretary of the
Senate pursuant to section 3716 of title 31, United
States Code, shall not become effective until they are
approved by the Senate Committee on Rules and Administration.’’

§ 3702. Authority to settle claims
(a) Except as provided in this chapter or another law, all claims of or against the United
States Government shall be settled as follows:
(1) The Secretary of Defense shall settle—
(A) claims involving uniformed service
members’ pay, allowances, travel, transportation, payments for unused accrued leave,
retired pay, and survivor benefits; and

§ 3702

(B) claims by transportation carriers involving amounts collected from them for
loss or damage incurred to property incident
to shipment at Government expense.
(2) The Director of the Office of Personnel
Management shall settle claims involving
Federal civilian employees’ compensation and
leave.
(3) The Administrator of General Services
shall settle claims involving expenses incurred
by Federal civilian employees for official travel and transportation, and for relocation expenses incident to transfers of official duty
station.
(4) The Director of the Office of Management
and Budget shall settle claims not otherwise
provided for by this subsection or another provision of law.
(b)(1) A claim against the Government presented under this section must contain the signature and address of the claimant or an authorized representative. The claim must be received
by the official responsible under subsection (a)
for settling the claim or by the agency that conducts the activity from which the claim arises
within 6 years after the claim accrues except—
(A) as provided in this chapter or another
law; or
(B) a claim of a State, the District of Columbia, or a territory or possession of the United
States.
(2) When the claim of a member of the armed
forces accrues during war or within 5 years before war begins, the claim must be received
within 5 years after peace is established or within the period provided in paragraph (1) of this
subsection, whichever is later.
(3) A claim that is not received in the time required under this subsection shall be returned
with a copy of this subsection, and no further
communication is required.
(c) ONE-YEAR LIMIT FOR CHECK CLAIMS.—(1)
Any claim on account of a Treasury check shall
be barred unless it is presented to the agency
that authorized the issuance of such check within 1 year after the date of issuance of the check
or the effective date of this subsection, whichever is later.
(2) Nothing in this subsection affects the underlying obligation of the United States, or any
agency thereof, for which a Treasury check was
issued.
(d) The official responsible under subsection
(a) for settling the claim shall report to Congress on a claim against the Government that is
timely presented under this section that may
not be adjusted by using an existing appropriation, and that the official believes Congress
should consider for legal or equitable reasons.
The report shall include recommendations of the
official.
(e)(1) The Secretary of Defense may waive the
time limitations set forth in subsection (b) or (c)
in the case of a claim referred to in subsection
(a)(1)(A). In the case of a claim by or with respect to a member of the uniformed services who
is not under the jurisdiction of the Secretary of
a military department, such a waiver may be
made only upon the request of the Secretary
concerned (as defined in section 101 of title 37).


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