Page:United States Statutes at Large Volume 110 Part 2.djvu/509

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PUBLIC LA.W 104-134—APR. 26, 1996 110 STAT. 1321-362 "(8) 'nontax' means, with respect to any debt or claim, any debt or claim other than a debt or claim under the Internal Revenue Code of 1986.". (4) TREASURY CHECK WITHHOLDING.— Section 3712 of title 31, United States Code, is amended by adding at the end the following new subsection: "(e) TREASURY CHECK OFFSET. — "(1) IN GENERAL. —To facilitate collection of amounts owed by presenting banks pursuant to subsection (a) or (b), upon the direction of the Secretary, a Federal reserve bank shall withhold credit from banks presenting Treasury checks for ultimate charge to the account of the United States Treasury. By presenting Treasury checks for payment a presenting bank is deemed to authorize this offset. " (2) ATTEMPT TO COLLECT REQUIRED. —Prior to directing offset under subsection (a)(1), the Secretary shall first attempt to collect amounts owed in the manner provided by sections 3711 and 3716.". (e) Section 3716 of title 31, United States Code, as amended by subsection (d)(2) of this section, is further amended by adding at the end the following new subsections: "(f) The Secretary may waive the requirements of sections 552a(o) and (p) of title 5 for administrative offset or claims collection upon written certification by the head of a State or an executive, judicial, or legislative agency seeking to collect the claim that the requirements of subsection (a) of this section have been met. "(g) The Data Integrity Board of the Department of the Treasury established under 552a(u) of title 5 shall review and include in reports under paragraph (3)(D) of that section a description of any matching activities conducted under this section. If the Secretary has granted a waiver under subsection (f) of this section, no other Data Integrity Board is required to take any action under section 552a(u) of title 5.". (f) Section 3716 of title 31, United States Code, as amended by subsections (d) and (e) of this section, is further amended by adding at the end the following new subsection: "(h)(1) The Secretary may, in the discretion of the Secretary, apply subsection (a) with respect to any past-due, legally-enforceable debt owed to a State if— "(A) the appropriate State disbursing official requests that an offset be performed; and "(B) a reciprocal agreement with the State is in effect which contains, at a minimum— "(i) requirements substantially equivalent to subsection (b) of this section; and "(ii) any other requirements which the Secretary considers appropriate to facilitate the offset and prevent duplicative efforts. "(2) This subsection does not apply to— "(A) the collection of a debt or claim on which the administrative costs associated with the collection of the debt or claim exceed the amount of the debt or claim; "(B) any collection of any other type, class, or amount of claim, as the Secretary considers necessary to protect the interest of the United States; or