§3907 — Title 31 Money and Finance | U.S. Code

Summary

You can file a claim for an unpaid interest penalty under 41 U.S.C. 7103. The interest penalty stops growing once a claim is filed under chapter 71 of title 41 or after one year, whichever comes first. Even if the penalty from this chapter stops, interest under 41 U.S.C. 7109(a)(1) and (b) can still begin and may apply to the unpaid contract payment and to the unpaid penalty from this chapter. Except as allowed by section 3904, no interest penalty is required when a payment is withheld because the agency head and a business are disputing the amount or contract compliance. Claims about such disputes and any interest for the time the dispute is being resolved are handled under chapter 71 of title 41.

Title 31, §3907

Money and Finance — Source: USLM XML via OLRC

(a)A claim for an interest penalty not paid under this chapter may be filed under section 7103 of title 41.

(b)(1)An interest penalty under this chapter does not continue to accrue—

(A)after a claim for a penalty is filed under chapter 71 of title 41; or

(B)for more than one year.

(2)Paragraph (1) of this subsection does not prevent an interest penalty from accruing under section 7109(a)(1) and (b) of title 41 after a penalty stops accruing under this chapter. A penalty accruing under section 7109(a)(1) and (b) may accrue on an unpaid contract payment and on the unpaid penalty under this chapter.

(c)Except as provided in section 3904 of this title, this chapter does not require an interest penalty on a payment that is not made because of a dispute between the head of an agency and a business concern over the amount of payment or compliance with the contract. A claim related to the dispute, and interest payable for the period during which the dispute is being resolved, is subject to chapter 71 of title 41.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 3906(a)31 App.:1803(a)(1).May 21, 1982, Pub. L. 97–177, § 4, 96 Stat. 87. 3906(b)31 App.:1803(a)(2), (3). 3906(c)31 App.:1803(b). In the section, the words “be construed to” are omitted as surplus. In subsection (a), the words “not paid under this chapter” are substituted for “which a Federal agency has failed to pay in accordance with the requirements of section 2 or 3 of this chapter” to eliminate unnecessary words. In subsection (b)(2), the word “accruing” is added for clarity. The word “both” is omitted as surplus. In subsection (c), the words “with respect to disputes concerning discounts”, “by the required payment date”, and “other allegations concerning” are omitted as surplus.

Editorial Notes

Amendments

2011—Subsec. (a). Pub. L. 111–350, § 5(h)(8)(A), substituted “section 7103 of title 41” for “section 6 of the Contract Disputes Act of 1978 (41 U.S.C. 605)”. Subsec. (b)(1)(A). Pub. L. 111–350, § 5(h)(8)(B), substituted “chapter 71 of title 41” for “the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.)”. Subsec. (b)(2). Pub. L. 111–350, § 5(h)(8)(C), substituted “section 7109(a)(1) and (b) of title 41” for “section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611)” and “section 7109(a)(1) and (b) may” for “section 12 may”. Subsec. (c). Pub. L. 111–350, § 5(h)(8)(D), substituted “chapter 71 of title 41” for “the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.)”. 1988—Pub. L. 100–496 renumbered section 3906 of this title as this section.

§3907 Relationship to other laws