19 USC 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
Terms Used In 19 USC 1631
- Contract: A legal written agreement that becomes binding when signed.
- person: includes partnerships, associations, and corporations. See 19 USC 1401
- Secretary: means the Secretary of the Treasury or his delegate. See 19 USC 1401
- State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. See 1 USC 7
- United States: includes all Territories and possessions of the United States except the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, and the island of Guam. See 19 USC 1401
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
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.