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S 209 - 99

Federal Debt Recovery Act of 1985

Became Public Law No: 99-578.

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Summary

36 Passed House amended Apr 4, 2004

(Measure passed House, amended, in lieu of H.R. 5541) Authorizes the Attorney General to make contracts retaining private counsel to furnish legal services in the case of any claim of indebtedness owed the United States. Requires the Attorney General, in making such a contract in any judicial district, to make an effort to make at least four such contracts with attorneys regularly engaged in private practice in such district. Prohibits the legal fee payable for such services from exceeding the fee typically charged in the area for the collection of claims of indebtedness. Requires the Attorney General to enter into contracts with law firms owned and controlled by socially and economically disadvantaged individuals. Permits the head of an executive or legislative agency, subject to the approval of the Attorney General, to refer to a private counsel any claims of indebtedness owed the United States arising out of such agency's activities. Declares that, for the purposes of the Fair Debt Collection Practices Act, a private counsel performing collection services under this Act shall be considered a debt collector. Requires the Attorney General to transmit to the Congress an annual report on the activities of the Department of Justice to recover indebtedness owed the United States. Requires the Attorney General, within 180 days after the enactment of this Act, to transmit to the Congress a report on the actions taken under this Act. Requires the Attorney General to carry out this Act through a pilot program in at least five and not more than ten judicial districts. Requires the Attorney General to issue regulations to carry out this Act and to submit such regulations to the Congress at least 60 days before they become effective. Declares this Act to be effective for a period of three years, beginning on the date on which the regulations become effective. Requires the Comptroller General to audit the actions taken by the Attorney General under the pilot program to determine: (1) the extent to which there is competition among private counsel to obtain contracts; (2) the reasonableness of the fees provided in such contracts; (3) the efforts of the Attorney General to retain private counsel; and (4) the results of the debt collection efforts. Requires the Comptroller General to report to the Congress on the findings and conclusions resulting from the audit.

35 Passed Senate amended Apr 4, 2004

(Measure passed Senate, amended, roll call #42 (95-1)) Federal Debt Recovery Act of 1985 - Authorizes the Attorney General to make contracts retaining private counsel to furnish legal services in the case of any claim of indebtedness owed the United States. Requires the Attorney General, in making such a contract in any judicial district, to make a best effort to retain more than one private counsel from among attorneys regularly engaged in private practice in such district. Prohibits the legal fee payable for such services from exceeding the fee typically charged in the area for the collection of claims of indebtedness. Permits the head of an executive or legislative agency, subject to the approval of the Attorney General, to refer to a private counsel so retained any claims of indebtedness owed the United States arising out of such agency's activities. Declares that, for the purposes of the Fair Debt Collection Practices Act, a private counsel performing collection services under this Act shall be considered a debt collector. Requires the Attorney General to transmit to the Congress an annual report on the activities of the Department of Justice to recover indebtedness owed the United States. Requires the Comptroller General to carry out an annual audit of the actions taken by the Attorney General pursuant to this Act during the preceding 12 months. Requires the Comptroller General to determine the extent to which there is competition among private counsel to obtain contracts pursuant to this Act, the reasonableness of the fees provided in such contracts, and the results of the debt collection efforts. Requires a report to the Congress on the findings and conclusions resulting from such audit. Requires the Attorney General, within 180 days after the enactment of this Act, to transmit to the Congress a report on the actions taken under this Act.

01 Reported to Senate with amendment(s) Apr 4, 2004

(Reported to Senate from the Committee on Governmental Affairs with amendment, S. Rept. 99-256) Federal Debt Recovery Act of 1985 - Authorizes the Attorney General to make contracts retaining private counsel to furnish legal services in the case of any claim of indebtedness owed the United States. Requires the Attorney General, in making such a contract in any judicial district, to make a best effort to retain more than one private counsel from among attorneys regularly engaged in private practice in such district. Prohibits the legal fee payable for such services from exceeding the fee typically charged in the area for the collection of claims of indebtedness. Permits the head of an executive or legislative agency, subject to the approval of the Attorney General, to refer to a private counsel so retained any claims of indebtedness owed the United States arising out of such agency's activities. Declares that, for the purposes of the Fair Debt Collection Practices Act, a private counsel performing collection services under this Act shall be considered a debt collector. Requires the Attorney General to transmit to the Congress an annual report on the activities of the Department of Justice to recover indebtedness owed the United States. Requires the Comptroller General to carry out an annual audit of the actions taken by the Attorney General pursuant to this Act during the preceding 12 months. Requires the Comptroller General to determine the extent to which there is competition among private counsel to obtain contracts pursuant to this Act, the reasonableness of the fees provided in such contracts, and the results of the debt collection efforts. Requires a report to the Congress on the findings and conclusions resulting from such audit. Requires the Attorney General, within 180 days after the enactment of this Act, to transmit to the Congress a report on the actions taken under this Act.

00 Introduced in Senate Apr 4, 2004

Federal Debt Recovery Act of 1985 - Authorizes the Attorney General to make contracts retaining private counsel to furnish legal services in the case of any claim of indebtedness owed the United States. Requires the Attorney General, in making such a contract in any judicial district, to make a best effort to retain more than one private counsel from among attorneys regularly engaged in private practice in such district. Prohibits the legal fee payable for such services from exceeding the fee typically charged in the area for the collection of claims of indebtedness. Permits the head of an executive or legislative agency to refer to a private counsel so retained any claims of indebtedness owed the United States arising out of such agency's activities. Declares that, for the purposes of the Fair Debt Collection Practices Act, a private counsel performing collection services under this Act shall be considered a debt collector. Requires the Attorney General to transmit to the Congress an annual report on the activities of the Department of Justice to recover such indebtedness. Requires the Comptroller General to carry out an annual audit of the actions taken by the Attorney General pursuant to this Act during the preceding 12 months. Requires the Comptroller General to determine the extent to which there is competition among private counsel to obtain contracts pursuant to this Act, the reasonableness of the fees provided in such contracts, and the results of the debt collection efforts. Requires a report to the Congress on the findings and conclusions resulting from such audit. Requires the Attorney General to transmit to the Congress a report on the actions taken under this Act within 60 days after the date of enactment.

Sponsors

Timeline

Oct 28, 1986

Signed by President.

Oct 28, 1986

Signed by President.

Oct 28, 1986

Became Public Law No: 99-578.

Oct 28, 1986

Became Public Law No: 99-578.

Oct 16, 1986

Presented to President.

Oct 16, 1986

Presented to President.

Oct 15, 1986

Measure Signed in Senate.

Oct 8, 1986

Resolving differences -- Senate actions: Senate agreed to the House amendments by Voice Vote.

Oct 8, 1986

Senate agreed to the House amendments by Voice Vote.

Sep 29, 1986

House Committee on The Judiciary Discharged by Unanimous Consent.

Sep 29, 1986

House Committee on The Judiciary Discharged by Unanimous Consent.

Sep 29, 1986

Called up by House by Unanimous Consent.

Sep 29, 1986

Passed/agreed to in House: Passed House (Amended) by Voice Vote.

Sep 29, 1986

Passed House (Amended) by Voice Vote.

Sep 29, 1986

House Incorporated H.R.5541 in This Measure as an Amendment.

Sep 29, 1986

Message on House action received in Senate and held at desk: House amendments to Senate bill.

May 8, 1986

Subcommittee Hearings Held.

Mar 24, 1986

Referred to Subcommittee on Administrative Law and Governmental Relations.

Mar 20, 1986

Referred to House Committee on The Judiciary.

Mar 19, 1986

Measure laid before Senate by unanimous consent.

Mar 19, 1986

Passed/agreed to in Senate: Passed Senate with amendments and an amendment to the Title by Yea-Nay Vote. 95-1. Record Vote No: 42.

Mar 19, 1986

Passed Senate with amendments and an amendment to the Title by Yea-Nay Vote. 95-1. Record Vote No: 42.

Mar 7, 1986

Committee on Governmental Affairs. Reported to Senate by Senator Roth with amendments and an amendment to the title. With written report No. 99-256.

Mar 7, 1986

Committee on Governmental Affairs. Reported to Senate by Senator Roth with amendments and an amendment to the title. With written report No. 99-256.

Mar 7, 1986

Placed on Senate Legislative Calendar under General Orders. Calendar No. 554.

Nov 19, 1985

Committee on Governmental Affairs. Ordered to be reported with amendments favorably.

Sep 26, 1985

Subcommittee on Energy and Government Processes. Hearings held. Hearings printed: S.Hrg. 99-358.

Sep 24, 1985

Committee on Governmental Affairs received executive comment from OMB.

Aug 26, 1985

Committee on Governmental Affairs received executive comment from Education Department.

Jul 25, 1985

Committee on Governmental Affairs requested executive comment from SBA, VA, GAO, OMB, HUD, Agriculture Department, Education Department.

Jul 22, 1985

Referred to Subcommittee on Energy and Government Processes.

Jan 21, 1985

Introduced in Senate

Jan 21, 1985

Read twice and referred to the Committee on Governmental Affairs.

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Amendments

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