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10 U.S.C. § 2780 — Debt collection

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2780 — Debt collection

**(a)** (1) Subject to paragraph (2), the Secretary of Defense shall enter into one or more contracts with a person for collection services to recover indebtedness owed to the United States (arising out of activities related to Department of Defense) that is delinquent by more than three months. (2) The authority of the Secretary to enter into a contract under this section for any fiscal year is subject to the availability of appropriations. (3) Any such contract shall provide that the person submit to the Secretary a status report on the person’s success in collecting such debts at least once each six months. [Section 3718 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3718&num=0&edition=prelim) shall apply to any such contract, to the extent not inconsistent with this subsection. **(b)** (1) Except as provided in paragraph (2), the Secretary of Defense shall disclose to consumer reporting agencies, in accordance with paragraph (1) of [section 3711(e) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3711/e&num=0&edition=prelim), information concerning any debt described in subsection (a) of more than $100 that is delinquent by more than 31 days. (2) No disclosure shall be made under paragraph (1) with respect to an indebtedness while a decision regarding waiver of collection of the indebtedness is pending under [section 2774 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2774&num=0&edition=prelim) or [section 716 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section716&num=0&edition=prelim), or while a decision regarding remission or cancellation of the indebtedness is pending under section 7837, 8271, o

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Source location: Title 10, Chapter 165, § 2780; chapter-165-accountability-and-responsibility.md

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3718 — Contracts for collection services

**(a)** Under conditions the head of an executive, judicial, or legislative agency considers appropriate, the head of the agency may enter into a contract with a person for collection service to recover indebtedness owed, or to locate or recover assets of, the United States Government. The head of an agency may not enter into a contract under the preceding sentence to locate or recover assets of the United States held by a State government or financial institution unless that agency has established procedures approved by the Secretary of the Treasury to identify and recover such assets. The contract shall provide that— (1) the head of the agency 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim), to the extent provided in section 552a(m); and (B) laws and regulations of the United States Government and State governments related to debt collection practices. **(b)** (1) (A) The Attorney General may make contracts retaining private counsel to furnish legal services, including representation in negotiation, compromise, settlement, and litigation, in the case of any claim of indebtedness owed the United States. Each such contract shall include such terms and conditions as the Attorney General considers necessary and appropriate, including a provision specifying the amount of the fee to be paid to the private counsel under such contract or the method for calculating that fee. The amount of the fee payable for legal services furnished under any such contract may not exceed the fee that counsel enga

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Federal law — U.S. Code and appendices · legal_authorities

32 U.S.C. § 716 — Claims for overpayment of pay and allowances, and travel and transportation allowances

**(a)** A claim of the United States against a person arising out of an erroneous payment of any pay or allowances made before, on, or after October 2, 1972, or arising out of an erroneous payment of travel and transportation allowances, to or on behalf of a member or former member of the National Guard, the collection of which would be against equity and good conscience and not in the best interest of the United States, may be waived in whole or in part by— (1) the Director of the Office of Management and Budget; or (2) the Secretary concerned, as defined in [section 101(5) of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section101/5&num=0&edition=prelim), when— (A) the claim is in an amount aggregating not more than $10,000; and (B) the waiver is made in accordance with standards which the Director of the Office of Management and Budget shall prescribe. **(b)** The Director of the Office of Management and Budget or the Secretary concerned, as the case may be, may not exercise his authority under this section to waive any claim— (1) if, in his opinion, there exists, in connection with the claim, an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the member or any other person having an interest in obtaining a waiver of the claim; or (2) if application for waiver is received in his office after the expiration of five years immediately following the date on which the erroneous payment was discovered. **(c)** A person who has repaid to the United States all or part of the amount of a claim, with respect to which a waiver is granted under this section, is entitled, to the extent of the waiver, to refund, by the department concerned at the time of the erroneous payment, of the amount repaid to

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2774 — Claims for overpayment of pay and allowances and of travel and transportation allowances

**(a)** A claim of the United States against a person arising out of an erroneous payment of any pay or allowances made before, on, or after October 2, 1972, or arising out of an erroneous payment of travel and transportation allowances, to or on behalf of a member or former member of the uniformed services, the collection of which would be against equity and good conscience and not in the best interest of the United States, may be waived in whole or in part by— (1) the Director of the Office of Management and Budget; or (2) the Secretary concerned, as defined in [section 101(5) of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section101/5&num=0&edition=prelim), when— (A) the claim is in an amount aggregating not more than $10,000; and (B) the waiver is made in accordance with standards which the Director of the Office of Management and Budget shall prescribe. **(b)** The Director of the Office of Management and Budget or the Secretary concerned, as the case may be, may not exercise his authority under this section to waive any claim— (1) if, in his opinion, there exists, in connection with the claim, an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the member or any other person having an interest in obtaining a waiver of the claim; or (2) if application for waiver is received in his office after the expiration of five years immediately following the date on which the erroneous payment was discovered. **(c)** A person who has repaid to the United States all or part of the amount of a claim, with respect to which a waiver is granted under this section, is entitled, to the extent of the waiver, to refund, by the department concerned at the time of the erroneous payment, of the amount repai

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2774

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2780 — Debt collection

Page 2207 TITLE 10—ARMED FORCES § 2780 HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 2779(a) ..... 31:628–2. July 25, 1979, Pub. L. 96–38, § 100 (last par. under heading ‘‘Gen- eral Provisions’’), 93 Stat. 100. 2779(b) ..... 31:628–3. Nov. 30, 1979, Pub. L. 96–130, § 100 (par. under heading ‘‘Foreign Cur- rency Fluctuation, Construction, De- fense’’), 93 Stat. 1019. In subsection (a)(1), before clause (A), the words ‘‘dur- ing the current fiscal year or on and after July 25, 1979’’ are omitted as executed. The words ‘‘from an appro- priation to which they were transferred’’ are omitted as surplus. In clause (A), the words ‘‘of foreign coun- tries’’ are added for consistency. In subsection (a)(2), the words ‘‘back to the Foreign Currency Fluctuations, Defense appropriation’’ are sub- stituted for ‘‘authorized by this provision’’ for clarity. In subsection (b)(1), the words ‘‘the sum of’’, ‘‘which shall be derived’’, and ‘‘to appropriations and funds’’ are omitted as surplus. The word ‘‘only’’ is added for clarity. The words ‘‘for those appropriations or funds’’ are omitted as surplus. The words ‘‘available during fis- cal year 1980, or thereafter’’ are omitted as executed. The words ‘‘Department of Defense’’ are substituted for ‘‘military departments and Defense agencies’’ because of 10:101(5). In subsection (b)(2), the words ‘‘or fund’’ are omitted as surplus. The words ‘‘now or on and after November 30, 1979’’ are omitted as executed. The words ‘‘contained within appropriations or other provisions of law’’, ‘‘hereby’’, and ‘‘applicable’’ are omitted as surplus. In subsection (b)(3), the words ‘‘contracts or other . . . entered into’’ are omitted as surplus. Editorial Notes PRIOR PROVISIONS

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2780

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