19 U.S.C. § 1631 | Use of private collection agencies

(a)

In general

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.

(b)

Contract requirements

Any contract entered into under subsection (a) shall 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 such section; and

(B)

laws and regulations of the United States Government and State governments related to debt collection practices.

(c)

Payment of costs

section 3302(b) of title 31The debtor shall be assessed and pay any and all costs associated with collection efforts pursuant to this section. Notwithstanding , any sum so collected shall be used to pay the costs of debt collection services.

June 17, 1930, ch. 497 Pub. L. 103–182, title VI, § 671Dec. 8, 1993107 Stat. 2217 Pub. L. 104–295, § 3(a)(9)Oct. 11, 1996110 Stat. 3516 Pub. L. 106–36, title I, § 1001(b)(5)(A)June 25, 1999113 Stat. 132(, title IV, § 631, as added , , ; amended , , ; , , .)

Editorial Notes

Amendments

Pub. L. 106–36 Pub. L. 104–2951999—Subsec. (c). amended directory language of . See 1996 Amendment note below.

Pub. L. 104–295 Pub. L. 106–361996—Subsec. (c). , as amended by , added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Pub. L. 104–295Dec. 8, 1993section 3(b) of Pub. L. 104–295 section 1321 of this titleAmendment by applicable as of , see , set out as a note under .

Transfer of Functions

November 25, 2002section 542 of Title 6 Pub. L. 107–296Nov. 25, 2002section 211 of Title 6 Pub. L. 114–125 section 802(b) of Pub. L. 114–125 section 211 of Title 6For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , set out as a note under . For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in as of , see , as amended generally by , and , set out as a note under .