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31 U.S.C. § 3717 — Interest and penalty on claims

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

31 U.S.C. § 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 11 So in original. Probably should be “, judicial, or”. 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, jud

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Source file: Laws/federal/codes/united-states-code/title-31/section-3717-interest-and-penalty-on-claims--91bad5b007.md
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Source location: Title 31, Chapter 37, § 3717; chapter-037-claims.md

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**(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 11 So in original. Probably should be “, judicial, or”. 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.

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

16 U.S.C. § 590f — Authorization of appropriations and conservation technical assistance funds

**(a) Authorization of appropriations** There is authorized to be appropriated for the purposes of this chapter such sums as Congress may from time to time determine to be necessary. Appropriations for carrying out this chapter allocated for the production or procurement of nursery stock by any Federal agency, or funds appropriated to any Federal agency for allocation to cooperating States for the production or procurement of nursery stock, shall remain available for expenditure for not more than three fiscal years. **(b) Conservation Technical Assistance Fund** (1) **In general** — There is established in the Treasury of the United States a fund to be known as the “Conservation Technical Assistance Fund” (referred to in this subsection as the “Fund”), to be administered by the Secretary of Agriculture. (2) **Deposits** — An amount equal to the amounts collected as fees under [section 590c(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590c/4&num=0&edition=prelim) and late payments, interest, and such other amounts as are authorized to be collected pursuant to [section 3717 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3717&num=0&edition=prelim) shall be deposited in the Fund. (3) **Availability** — Amounts in the Fund shall— (A) only be available to the extent and in the amount provided in advance in appropriations Acts; (B) be used for the costs of carrying out this chapter; and (C) remain available until expended.

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 590f

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

21 U.S.C. § 136a — Collection of fees for inspection services

**(a) Quarantine and inspection fees** (1) **Fees authorized** — The Secretary of Agriculture may prescribe and collect fees sufficient— (A) to cover the cost of providing agricultural quarantine and inspection services in connection with the arrival at a port in the customs territory of the United States, or the preclearance or preinspection at a site outside the customs territory of the United States, of an international passenger, commercial vessel, commercial aircraft, commercial truck, or railroad car; (B) to cover the cost of administering this subsection; and (C) through fiscal year 2002, to maintain a reasonable balance in the Agricultural Quarantine Inspection User Fee Account established under paragraph (5). (2) **Limitation** — In setting the fees under paragraph (1), the Secretary shall ensure that the amount of the fees is commensurate with the costs of agricultural quarantine and inspection services with respect to the class of persons or entities paying the fees. The costs of the services with respect to passengers as a class includes the costs of related inspections of the aircraft or other vehicle. (3) **Status of fees** — Fees collected under this subsection by any person on behalf of the Secretary are held in trust for the United States and shall be remitted to the Secretary in such manner and at such times as the Secretary may prescribe. (4) **Late payment penalties** — If a person subject to a fee under this subsection fails to pay the fee when due, the Secretary shall assess a late payment penalty, and the overdue fees shall accrue interest, as required by [section 3717 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3717&num=0&edition=prelim). (5) **Agricultural Quarantine Inspection User Fee

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

33 U.S.C. § 2705 — Interest; partial payment of claims

**(a) General rule** The responsible party or the responsible party’s guarantor is liable to a claimant for interest on the amount paid in satisfaction of a claim under this Act for the period described in subsection (b). The responsible party shall establish a procedure for the payment or settlement of claims for interim, short-term damages. Payment or settlement of a claim for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled shall not preclude recovery by the claimant for damages not reflected in the paid or settled partial claim. **(b) Period** (1) **In general** — Except as provided in paragraph (2), the period for which interest shall be paid is the period beginning on the 30th day following the date on which the claim is presented to the responsible party or guarantor and ending on the date on which the claim is paid. (2) **Exclusion of period due to offer by guarantor** — If the guarantor offers to the claimant an amount equal to or greater than that finally paid in satisfaction of the claim, the period described in paragraph (1) does not include the period beginning on the date the offer is made and ending on the date the offer is accepted. If the offer is made within 60 days after the date on which the claim is presented under [section 2713(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2713/a&num=0&edition=prelim), the period described in paragraph (1) does not include any period before the offer is accepted. (3) **Exclusion of periods in interests of justice** — If in any period a claimant is not paid due to reasons beyond the control of the responsible party or because it would not serve the interests of justice, no interest shall

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2705

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

47 U.S.C. § 159a — Provisions applicable to application and regulatory fees

**(a) Judicial review prohibited** Any adjustment or amendment to a schedule of fees under subsection (b) or (c) of [section 158 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section158&num=0&edition=prelim) or subsection (c) or (d) of [section 159 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section159&num=0&edition=prelim) is not subject to judicial review. **(b) Notice to Congress** The Commission shall transmit to Congress notification— (1) of any adjustment under section 158(b) or 159(c) of this title immediately upon the adoption of such adjustment; and (2) of any amendment under section 158(c) or 159(d) of this title not later than 90 days before the effective date of such amendment. **(c) Enforcement** (1) **Penalties for late payment** — The Commission shall by rule prescribe an additional penalty for late payment of fees under section 158 or 159 of this title. Such additional penalty shall be 25 percent of the amount of the fee that was not paid in a timely manner. (2) **Interest on unpaid fees and penalties** — The Commission shall charge interest, at a rate determined under [section 3717 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3717&num=0&edition=prelim), on a fee under section 158 or 159 of this title or an additional penalty under this subsection that is not paid in a timely manner. Such section 3717 shall not otherwise apply with respect to such a fee or penalty. (3) **Dismissal of applications or filings** — The Commission may dismiss any application or other filing for failure to pay in a timely manner any fee under section 158 or 159 of this title or any interest or additional penalty under this subsection. (4) **Revocati

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 159a

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

7 U.S.C. § 2371 — Plant variety protection fees

**(a) In general** The Secretary shall, under such regulations as the Secretary may prescribe, charge and collect reasonable fees for services performed under this chapter. **(b) Late payment penalty** On failure to pay such fees, the Secretary shall assess a late payment penalty. Such overdue fees shall accrue interest as required by [section 3717 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3717&num=0&edition=prelim). **(c) Disposition of funds** Such fees, late payment penalties, and accrued interest collected shall be credited to the account that incurs the cost and shall remain available without fiscal year limitation to pay the expenses incurred by the Secretary in carrying out this chapter. Such funds collected (including late payment penalties and any interest earned) may be invested by the Secretary in insured or fully collateralized, interest-bearing accounts or, at the discretion of the Secretary, by the Secretary of the Treasury in United States Government debt instruments. **(d) Actions for nonpayment** The Attorney General may bring an action for the recovery of charges that have not been paid in accordance with this chapter against any person obligated for payment of such charges under this chapter in any United States district court or other United States court for any territory or possession in any jurisdiction in which the person is found, resides, or transacts business. The court shall have jurisdiction to hear and decide the action. **(e) Authorization of appropriations** There are authorized to be appropriated such sums as are necessary to carry out this chapter.

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2371

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

7 U.S.C. § 518d — Use of assessments as source of funds for payments

**(a) Definitions** In this section: (1) **Base period** — The term “base period’ 11 So in original. means the one-year period ending the June 30 before the beginning of a fiscal year. (2) **Gross domestic volume** — The term “gross domestic volume” means the volume of tobacco products— (A) removed (as defined by [section 5702 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5702&num=0&edition=prelim)); and (B) not exempt from tax under chapter 52 of title 26 at the time of their removal under that chapter or the Harmonized Tariff Schedule of the United States. (3) **Market share** — The term “market share” means the share of each manufacturer or importer of a class of tobacco product (expressed as a decimal to the fourth place) of the total volume of domestic sales of the class of tobacco product during the base period for a fiscal year for an assessment under this section. **(b) Quarterly assessments** (1) **Imposition of assessment** — The Secretary, acting through the Commodity Credit Corporation, shall impose quarterly assessments during each of fiscal years 2005 through 2014, calculated in accordance with this section, on each tobacco product manufacturer and tobacco product importer that sells tobacco products in domestic commerce in the United States during that fiscal year. (2) **Amounts** — Beginning with the calendar quarter ending on December 31 of each of fiscal years 2005 through 2014, the assessment payments over each four-calendar quarter period shall be sufficient to cover— (A) the contract payments made under sections 518a and 518b of this title during that period; and (B) other expenditures from the Tobacco Trust Fund made during the base quarter periods corresponding to the four calendar quart

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 518d

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

7 U.S.C. § 7755 — Reimbursable agreements

**(a) Authority to enter into agreements** The Secretary may enter into reimbursable fee agreements with persons for preclearance of plants, plant products, biological control organisms, and articles at locations outside the United States for movement into the United States. **(b) Funds collected for preclearance** Funds collected for preclearance shall be credited to accounts which may be established by the Secretary for this purpose and shall remain available until expended for the preclearance activities without fiscal year limitation. **(c) Payment of employees** (1) **In general** — Notwithstanding any other law, the Secretary may pay employees of the Department of Agriculture performing services relating to imports into and exports from the United States, for all overtime, night, or holiday work performed by them, at rates of pay established by the Secretary. (2) **Reimbursement of the Secretary** (A) *In general* — The Secretary may require persons for whom the services are performed to reimburse the Secretary for any sums of money paid by the Secretary for the services. (B) *Use of funds* — All funds collected under this paragraph shall be credited to the account that incurs the costs and shall remain available until expended without fiscal year limitation. **(d) Late payment penalties** (1) **Collection** — Upon failure to reimburse the Secretary in accordance with this section, the Secretary may assess a late payment penalty, and the overdue funds shall accrue interest, as required by [section 3717 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3717&num=0&edition=prelim). (2) **Use of funds** — Any late payment penalty and any accrued interest shall be credited to the account that incurs the costs and shal

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7755

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

7 U.S.C. § 7761 — Fees for inspection of plants for exporting or transiting

**(a) to (e) Repealed. Pub. L. 106–224, title IV, § 438(a)(3), June 20, 2000, 114 Stat. 454** **(f) Authorization of appropriations; fees, late payment penalties, and accrued interest** (1) Notwithstanding paragraph (2), there are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section. Unless otherwise specifically authorized or provided for in appropriations Acts, no part of such sums shall be used to pay the cost or value of property injured or destroyed. (2) The Secretary of Agriculture is authorized to prescribe and collect fees to recover the costs of providing for the inspection of plants and plant products offered for export or transiting the United States and certifying to shippers and interested parties as to the freedom of such plants and plant products from plant pests according to the phytosanitary requirements of the foreign countries to which such plants and plant products may be exported, or to the freedom from exposure to plant pests while in transit through the United States. Any person for whom such an activity is performed shall be liable for payment of fees assessed. Upon failure to pay such fees when due, the Secretary of Agriculture shall assess a late payment penalty, and such overdue fees shall accrue interest, as required by [section 3717 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3717&num=0&edition=prelim). All fees, late payment penalties, and accrued interest collected shall be credited to such accounts that incur the costs and shall remain available until expended without fiscal year limitation. The Secretary of Agriculture shall have a lien for the fees, any late payment penalty, and any accrued interest assessed against the plant or plant prod

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7761

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

7 U.S.C. § 8311 — Reimbursable agreements

**(a) Authority to enter into agreements** The Secretary may enter into reimbursable fee agreements with persons for preclearance of animals or articles at locations outside the United States for movement into the United States. **(b) Funds collected for preclearance** Funds collected for preclearance activities— (1) may be collected in advance of the provision of such activities; (2) shall be credited as offsetting collections to the currently applicable appropriation, account, or fund of U.S. Customs and Border Protection; (3) shall remain available until expended; (4) shall be available for the purposes for which such appropriation, account, or fund is authorized to be used; and (5) may be collected and shall be available only to the extent provided in appropriations Acts. **(c) Payment of employees** (1) **In general** — Notwithstanding any other law, the Secretary may pay an officer or employee of the Department of Agriculture performing services under this chapter relating to imports into and exports from the United States for all overtime, night, or holiday work performed by the officer or employee at a rate of pay determined by the Secretary. (2) **Reimbursement** (A) *In general* — The Secretary may require a person for whom the services are performed to reimburse the Secretary for any expenses paid by the Secretary for the services under this subsection. (B) *Use of funds* — All funds collected under this subsection shall— (i) be credited to the account that incurs the costs; and (ii) remain available until expended, without fiscal year limitation. **(d) Late payment penalties** (1) **Collection** — On failure by a person to reimburse the Secretary in accordance with this section, the Secretary may assess a late payment penalty again

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8311

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

31 U.S.C. § 3717 — Interest and penalty on claims

Page 316 TITLE 31—MONEY AND FINANCE § 3717 1 So in original. Probably should be ‘‘, judicial, or’’. (f) The Secretary shall, to the extent permitted by law, share with the Secretary of Health and Human Services any information contained in payment certifi- cation records of persons who are delinquent in child support obligations that would assist in the collection of such debts, whether or not an administrative offset is conducted. SEC. 2. Denial of Federal Assistance. (a) The Secretary shall, to the extent permitted by law, ensure that infor- mation concerning individuals whose payments are subject to administrative offset because of delinquent child support obligations is made available to the head of each executive department and agency that provides Federal financial assistance to individuals. (b) In conformance with section 2(e) of this order, the head of each executive department and agency shall, with respect to any individuals whose payments are subject to administrative offset because of a delinquent child support obligation, promptly implement proce- dures to deny Federal financial assistance to such indi- viduals. (c) The Attorney General, in consultation with the Secretary of Health and Human Services and other af- fected agencies, shall promptly issue guidelines for de- partments and agencies concerning minimum due-proc- ess standards to be included in the procedures required by subsection (b) of this section. (d) For purposes of this section, Federal financial as- sistance means any Federal loan (other than a disaster loan), loan guarantee, or loan insurance. (e)(1) A class of Federal financial assistance shall not be subject to denial if the head of the concerned depart- ment or agency determines: (A) in consultation with the Attor

Source: Supplied 2024 U.S. Code historical extraction · 31 U.S.C. § 3717

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