Summary: H.R.2543 — 97th Congress (1981-1982)All Information (Except Text)

There is one summary for H.R.2543. Bill summaries are authored by CRS.

Shown Here:
Introduced in House (03/17/1981)

Debt Collection Improvement Act of 1981 - Title I: Information Practices: Use of Consumer Reporting Agencies - Amends the Privacy Act of 1974 to permit a Federal agency to disclose records pertaining to an individual to a consumer reporting agency.

Authorizes a Federal agency attempting to collect a claim under the Federal Claims Collection Act of 1966 to notify a consumer reporting agency that a person is responsible for a claim if: (1) the agency has sent a written notice informing the person that a consumer reporting agency will be contacted, describing the information to be disclosed, and explaining the person's right to dispute the agency's claim; (2) the person has not agreed to repay the claim or filed for review of the claim; (3) the agency has reviewed the claim, if requested; and (4) the agency has obtained assurances that the consumer reporting agency complies with Federal laws governing the provision of consumer credit information.

Requires the Director of the Office of Management and Budget to establish regulations requiring each agency with outstanding debts to submit annual reports on the amount and number of such debts, the interest charged on such debts, the cost to the agency of collecting debts, and other information on the agency's debt collection activities.

Requires the Director to report annually to Congress on the management of agency debt collection activities.

Title II: Collection Practices for Defaulted Student Loans - Amends the Higher Education Act of 1954 to require the Secretary of Education to analyze, quarterly, the collection status of defaulted Federal, federally-guaranteed, and federally-insured student loans. Directs the Secretary: (1) to notify the borrower of a defaulted loan of the consequences of not repaying the loan; (2) to attempt to enter into a repayment agreement with the borrower; and (3) if such attempt is not successful within 180 days of the loan becoming defaulted, to engage a nonprofit collection agency to service the loan.

Directs the Secretary to refer any loan which is not under a repayment agreement within one year after being placed with a collection agency, to: (1) the Attorney General if the projected outstanding balance exceeds $600; or (2) the Secretary of the Treasury for collection. Requires the Attorney General to establish procedures for the efficient collection of such loans.

Amends the Internal Revenue Code of 1954 to require any borrower of a defaulted loan referred to the Secretary of the Treasury to pay the amount owed: (1) with income tax imposed for the year of the referral; or (2) by other methods prescribed by the Secretary of the Treasury. Grants the Secretary of the Treasury the same powers to assess and collect such defaulted loans as if such amounts were imposed income taxes, the collection of which would be jeopardized by delay. Exempts any such collection or assessment from review by a Federal court.

Directs the Comptroller General to analyze the systems for collecting student loans established under this Act, and to submit to Congress recommendations for the application of these systems to the collection of other loans made, insured, or guaranteed by the Government.

Title III: Collection of Child-Support Obligations - Directs the Secretary of Health and Human Services to certify the amount of child support obligations assigned to a State for collection by the Secretary of the Treasury without regard to whether a State agrees to reimburse the United States for collection costs. Shortens the period that collection of such an obligation is stayed after service of the notice and demand for payment in the case of the first delinquency assessment against an individual.

Title VI: Higher Interest Charges During Periods of Default for All Federal Loan Programs - Requires each agency which administers a program providing direct Federal loans to include in any such loan a provision stating that the interest rate on the loan for each month during which the loan is in default may be increased to a rate equal to the Federal borrowing cost. Directs the Secretary of the Treasury to promulgate regulations for the uniform implementation of this title.

Title V: Other Provisions Relating to the Collection of Federal Claims - Amends the Internal Revenue Code of 1954 to direct the Secretary of the Treasury, by January 15 of each year, to notify any person owing a debt (excluding student loans) to a Federal agency for the preceding year of the amount and method of payment of such debt. Requires such person to pay the debt with his or her income taxes or as prescribed by the Secretary. Grants the Secretary the same powers to assess and collect such debts as if such amounts were imposed income taxes, the collection of which would be jeopardized by delay.

Permits the head of an agency to garnish an employee's wages to pay any debt owed to the United States because of an erroneous payment to the individual by another agency.

Declares that the statute of limitations for actions brought by the United States for money damages shall not bar the Government from collecting money payable to an individual by administrative offset if the individual is provided with an opportunity for an administrative hearing subject to judicial review.

Authorizes the Secretary to disclose a taxpayer's address to an agency or an agency contractor engaged in a proceeding to collect a Federal claim. Permits such agency or contractor to redisclose such information.

Authorizes appropriations for the employment in the Internal Revenue Service of sufficient personnel to collect all Federal tax liabilities.