19 U.S.C. § 1631 — Use of private collection agencies
submitted 96 years ago by Pub. L. 103-182 to r/title-19-CUSTOMS-DUTIES · 200 words · no verdicts yet
This section requires the Secretary to use private collection services for certain customs-law debts after administrative collection efforts are exhausted. It sets contract requirements and makes the debtor responsible for collection costs.
(a) Generally Despite any other law, the Secretary, under that terms and conditions as the Secretary considers appropriate, must 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) must 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 that 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 must be assessed and pay any and all costs associated with collection efforts under this section. Despite section 3302(b) of title 31, any sum so collected must be used to pay the costs of debt collection services.
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.
Any contract entered into under subsection (a) shall provide that—
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
the person is subject to—
section 552a of title 5 to the extent provided in subsection (m) of such section; and
laws and regulations of the United States Government and State governments related to debt collection practices.
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.
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; amended Pub. L. 104–295, § 3(a)(9), Oct. 11, 1996, 110 Stat. 3516; Pub. L. 106–36, title I, § 1001(b)(5)(A), June 25, 1999, 113 Stat. 132.)
- 1930Enacted · Pub. L. 103-182 · 107 Stat. 2217
- 1996Amended · Pub. L. 104-295 · 110 Stat. 3516
- 1999Amended · Pub. L. 106-36 · 113 Stat. 132
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-182 on 1930-06-17.
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