31 U.S. Code § 3717 - Interest and penalty on claims

(a)
(1) The head of an executive, judicial, or legislative agency shall charge a minimum annual rate of interest on an outstanding debt on a United States Government claim owed by a person that is equal to the average investment rate for the Treasury tax and loan accounts for the 12-month period ending on September 30 of each year, rounded to the nearest whole percentage point. The Secretary of the Treasury shall publish the rate before November 1 of that year. The rate is effective on the first day of the next calendar quarter.
(2) The Secretary may change the rate of interest for a calendar quarter if the average investment rate for the 12-month period ending at the close of the prior calendar quarter, rounded to the nearest whole percentage point, is more or less than the existing published rate by 2 percentage points.
(b) Interest under subsection (a) of this section accrues from the date—
(1) on which notice is mailed after October 25, 1982, if notice was first mailed before October 25, 1982; or
(2) notice of the amount due is first mailed to the debtor at the most current address of the debtor available to the head of the executive or  [1] legislative agency, if notice is first mailed after October 24, 1982.
(c) The rate of interest charged under subsection (a) of this section—
(1) is the rate in effect on the date from which interest begins to accrue under subsection (b) of this section; and
(2) remains fixed at that rate for the duration of the indebtedness.
(d) Interest under subsection (a) of this section may not be charged if the amount due on the claim is paid within 30 days after the date from which interest accrues under subsection (b) of this section. The head of an executive, judicial, or legislative agency may extend the 30-day period.
(e) The head of an executive, judicial, or legislative agency shall assess on a claim owed by a person—
(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 charge 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, the Secretary of the Treasury, and the Comptroller General, the head of an executive, judicial, or legislative agency may prescribe regulations 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.
(i)
(1) The head of an executive, judicial, or legislative agency may increase an administrative claim by the cost of living adjustment in lieu of charging interest and penalties under this section. Adjustments under this subsection will be computed annually.
(2) For the purpose of this subsection—
(A) the term “cost of living adjustment” means the percentage by which the Consumer Price Index for the month of June of the calendar year preceding the adjustment exceeds the Consumer Price Index for the month of June of the calendar year in which the claim was determined or last adjusted; and
(B) the term “administrative claim” includes all debt that is not based on an extension of Government credit through direct loans, loan guarantees, or insurance, including fines, penalties, and overpayments.


[1]  So in original. Probably should be “, judicial, or”.

Source

(Added Pub L. 97–452, § 1(16)(A),Jan. 12, 1983, 96 Stat. 2472; amended Pub. L. 104–134, title III, § 31001(c)(1), (g)(1)(C), (q),Apr. 26, 1996, 110 Stat. 1321–359, 1321–363, 1321–372.)

Historical and Revision Notes
Revised Section Source (U.S. Code) Source (Statutes at Large)
3717(a) 31 App.:952(e)(1) (1st–3d sentences). July 19, 1966, Pub. L. 89–508, 80 Stat. 308, § 3(e)(1) (1st–3d sentences), (2)–(7); added Oct. 25, 1982, Pub. L. 97–365, § 11, 96 Stat. 1755.
3717(b), (c) 31 App.:952(e)(5).
3717(d) 31 App.:952(e)(6).
3717(e) 31 App.:952(e)(2).
3717(f) 31 App.:952(e)(7).
3717(g)(1) 31 App.:952(e)(3) (1st sentence).
3717(g)(2) 31 App.:952(e)(4).
3717(h) 31 App.:952(e)(3) (2d, last sentences).

In subsection (a), the words “percentage point” and “percentage points” are substituted for “per centum” for clarity.
In subsections (a)(1) and (e), the words “Except as provided in paragraph (3)” are omitted as surplus.
In subsection (a)(2), the words “for a calendar quarter” are substituted for “quarterly”, and the words “prior calendar quarter” are substituted for “that calendar quarter”, for clarity.
In subsection (b), before clause (1), the words “Subject to paragraph (6)” and “except as provided in subparagraph (B)” are omitted as surplus. In clause (2), the words “on the claim” are omitted as surplus. The words “if notice is first mailed after October 24, 1982” are added for clarity.
In subsection (c), the words “on a claim” are omitted as surplus.
In subsection (g)(1), the words “applicable” and “either” are omitted as surplus. The word “assessing” is added for clarity. The words “that apply to claims involved” are omitted as surplus.
In subsection (h), the words “under this section” are added for clarity.
Amendments

1996—Subsec. (a)(1). Pub. L. 104–134, § 31001(c)(1), which directed that this section be amended by substituting “the head of an executive, judicial, or legislative agency” for “the head of an executive or legislative agency” wherever appearing, was executed by substituting “The head of an executive, judicial, or legislative agency” for “The head of an executive or legislative agency”, to reflect the probable intent of Congress.
Subsecs. (d), (e). Pub. L. 104–134, § 31001(c)(1), which directed that this section be amended by substituting “the head of an executive, judicial, or legislative agency” for “the head of an executive or legislative agency” wherever appearing, was executed by substituting “The head of an executive, judicial, or legislative agency” for “The head of an executive or legislative agency”, to reflect the probable intent of Congress.
Subsec. (h). Pub. L. 104–134, § 31001(c)(1), (g)(1)(C), inserted “, the Secretary of the Treasury,” after “Attorney General” and substituted “the head of an executive, judicial, or legislative agency” for “the head of an executive or legislative agency”.
Subsec. (i). Pub. L. 104–134, § 31001(q), added subsec. (i).

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


5 CFR - Administrative Personnel

5 CFR Part 1215 - DEBT MANAGEMENT

6 CFR - Domestic Security

6 CFR Part 11 - CLAIMS

7 CFR - Agriculture

7 CFR Part 3 - DEBT MANAGEMENT

7 CFR Part 792 - DEBT SETTLEMENT POLICIES AND PROCEDURES

9 CFR - Animals and Animal Products

9 CFR Part 130 - USER FEES

10 CFR - Energy

10 CFR Part 16 - SALARY OFFSET PROCEDURES FOR COLLECTING DEBTS OWED BY FEDERAL EMPLOYEES TO THE FEDERAL GOVERNMENT

10 CFR Part 1015 - COLLECTION OF CLAIMS OWED THE UNITED STATES

11 CFR - Federal Elections

11 CFR Part 8 - COLLECTION OF ADMINISTRATIVE DEBTS

11 CFR Part 111 - COMPLIANCE PROCEDURE (2 U.S.C. 437g, 437d(a))

12 CFR - Banks and Banking

12 CFR Part 608 - COLLECTION OF CLAIMS OWED THE UNITED STATES

12 CFR Part 741 - REQUIREMENTS FOR INSURANCE

12 CFR Part 1073 - PROCEDURES FOR BUREAU DEBT COLLECTION

12 CFR Part 1208 - DEBT COLLECTION

12 CFR Part 1408 - COLLECTION OF CLAIMS OWED THE UNITED STATES

14 CFR - Aeronautics and Space

14 CFR Part 1261 - PROCESSING OF MONETARY CLAIMS (GENERAL)

15 CFR - Commerce and Foreign Trade

15 CFR Part 4 - DISCLOSURE OF GOVERNMENT INFORMATION

15 CFR Part 60 - PUBLIC INFORMATION

17 CFR - Commodity and Securities Exchanges

17 CFR Part 143 - COLLECTION OF CLAIMS OWED THE UNITED STATES ARISING FROM ACTIVITIES UNDER THE COMMISSION'S JURISDICTION

19 CFR - Customs Duties

19 CFR Part 24 - CUSTOMS FINANCIAL AND ACCOUNTING PROCEDURE

20 CFR - Employees' Benefits

20 CFR Part 10 - CLAIMS FOR COMPENSATION UNDER THE FEDERAL EMPLOYEES' COMPENSATION ACT, AS AMENDED

20 CFR Part 30 - CLAIMS FOR COMPENSATION UNDER THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000, AS AMENDED

20 CFR Part 200 - GENERAL ADMINISTRATION

22 CFR - Foreign Relations

22 CFR Part 34 - DEBT COLLECTION

22 CFR Part 309 - DEBT COLLECTION

24 CFR - Housing and Urban Development

24 CFR Part 17 - ADMINISTRATIVE CLAIMS

25 CFR - Indians

25 CFR Part 513 - DEBT COLLECTION

28 CFR - Judicial Administration

28 CFR Part 16 - PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION

28 CFR Part 505 - COST OF INCARCERATION FEE

29 CFR - Labor

29 CFR Part 20 - FEDERAL CLAIMS COLLECTION

29 CFR Part 100 - ADMINISTRATIVE REGULATIONS

29 CFR Part 1450 - COLLECTIONS OF CLAIMS OWED THE UNITED STATES

29 CFR Part 4903 - DEBT COLLECTION

30 CFR - Mineral Resources

30 CFR Part 1207 - SALES AGREEMENTS OR CONTRACTS GOVERNING THE DISPOSAL OF LEASE PRODUCTS

30 CFR Part 1218 - COLLECTION OF ROYALTIES, RENTALS, BONUSES, AND OTHER MONIES DUE THE FEDERAL GOVERNMENT

31 CFR - Money and Finance: Treasury

31 CFR Part 5 - TREASURY DEBT COLLECTION

31 CFR Part 240 - INDORSEMENT AND PAYMENT OF CHECKS DRAWN ON THE UNITED STATES TREASURY

31 CFR Part 391 - WAIVER OF INTEREST, ADMINISTRATIVE COSTS, AND PENALTIES

31 CFR Part 901 - STANDARDS FOR THE ADMINISTRATIVE COLLECTION OF CLAIMS

32 CFR - National Defense

32 CFR Part 537 - CLAIMS ON BEHALF OF THE UNITED STATES

34 CFR - Education

34 CFR Part 30 - DEBT COLLECTION

36 CFR - Parks, Forests, and Public Property

36 CFR Part 1201 - COLLECTION OF CLAIMS

37 CFR - Patents, Trademarks, and Copyrights

37 CFR Part 102 - DISCLOSURE OF GOVERNMENT INFORMATION

38 CFR - Pensions, Bonuses, and Veterans' Relief

38 CFR Part 1 - GENERAL PROVISIONS

41 CFR - Public Contracts and Property Management

41 CFR Part 105-55 - COLLECTION OF CLAIMS OWED THE UNITED STATES

43 CFR - Public Lands: Interior

43 CFR Part 2 - RECORDS AND TESTIMONY; FREEDOM OF INFORMATION ACT

45 CFR - Public Welfare

45 CFR Part 30 - CLAIMS COLLECTION

45 CFR Part 1150 - COLLECTION OF CLAIMS

45 CFR Part 1177 - CLAIMS COLLECTION

45 CFR Part 2506 - COLLECTION OF DEBTS

49 CFR - Transportation

49 CFR Part 89 - IMPLEMENTATION OF THE FEDERAL CLAIMS COLLECTION ACT

49 CFR Part 801 - PUBLIC AVAILABILITY OF INFORMATION

49 CFR Part 1002 - FEES

49 CFR Part 1018 - DEBT COLLECTION

 

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