out as a note under section 251 of Title 41, Public Contracts.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 3862.

§ 3552. Protests by interested parties concerning procurement actions

A protest concerning an alleged violation of a procurement statute or regulation shall be decided by the Comptroller General if filed in accordance with this subchapter.

(As amended Pub. L. 104-106, div. E, title LVI, § 5603, Feb. 10, 1996, 110 Stat. 700.)

AMENDMENTS

1996-Pub. L. 104-106 struck out at end "An interested party who has filed a protest under section 111(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(f)) with respect to a procurement or proposed procurement may not file a protest with respect to that procurement under this subchapter."

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective 180 days after Feb. 10, 1996, see section 5701 of Pub. L. 104-106, set out as an Effective Date note under section 1401 of Title 40, Public Buildings, Property, and Works.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 3862.

§3553. Review of protests; effect on contracts pending decision

[See main edition for text of (a)]

(b) [See main edition for text of (1)]

(2) Except as provided in paragraph (3) of this subsection, a Federal agency receiving a notice of a protested procurement under paragraph (1) of this subsection shall submit to the Comptroller General a complete report (including all relevant documents) on the protested procurement

(A) within 30 days after the date of the agency's receipt of that notice;

[See main edition for text of (B) and (C)]

(3) A Federal agency need not submit a report to the Comptroller General pursuant to paragraph (2) of this subsection if the agency is sooner notified by the Comptroller General that the protest concerned has been dismissed under section 3554(a)(4) of this title.

[See main edition for text of (c) to (f)]

(As amended Pub. L. 104-106, div. D, title XLIII, § 4321(d)(2), div. E, title LV, § 5501(1), Feb. 10, 1996, 110 Stat. 674, 698.)

AMENDMENTS

1996 Subsec. (b)(2)(A). Pub. L. 104-106, § 5501(1), substituted "30 days” for “35 days".

Subsec. (b)(3). Pub. L. 104-106, § 4321(d)(2), substituted **3554(a)(4)” for “3554(a)(3)”.

EFFECTIVE DATE OF 1996 AMENDMENT

For effective date and applicability of amendment by section 4321(d)(2) of Pub. L. 104-106, see section 4401 of Pub. L. 104-106, set out as a note under section 251 of Title 41, Public Contracts.

Amendment by section 5501(1) of Pub. L. 104-106 effective 180 days after Feb. 10, 1996, see section 5701 of Pub.

L. 104-106, set out as an Effective Date note under section 1401 of Title 40, Public Buildings, Property, and Works.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3554, 3556 of this title; title 22 section 3862.

§ 3554. Decisions on protests

(a)(1) To the maximum extent practicable, the Comptroller General shall provide for the inexpensive and expeditious resolution of protests under this subchapter. Except as provided under paragraph (2) of this subsection, the Comptroller General shall issue a final decision concerning a protest within 100 days after the date the protest is submitted to the Comptroller General.

[See main edition for text of (2) to (4)]

(b) [See main edition for text of (1)] (2) If the head of the procuring activity responsible for a contract makes a finding under section 3553(d)(3)(C)(i)(I) of this title, the Comptroller General shall make recommendations under this subsection without regard to any cost or disruption from terminating, recompeting, or reawarding the contract.

[See main edition for text of (3); (c) and (d)] (e)(1) The Comptroller General shall report promptly to the Committee on Governmental Affairs and the Committee on Appropriations of the Senate and to the Committee on Government Reform and Oversight and the Committee on Appropriations of the House of Representatives any case in which a Federal agency fails to implement fully a recommendation of the Comptroller General under subsection (b) or (c). The report shall include

[See main edition for text of (A) and (B)]

(2) Not later than January 31 of each year, the Comptroller General shall transmit to the Congress a report containing a summary of each instance in which a Federal agency did not fully implement a recommendation of the Comptroller General under subsection (b) or (c) during the preceding year. The report shall also describe each instance in which a final decision in a protest was not rendered within 100 days after the date the protest is submitted to the Comptroller General.

(As amended Pub. L. 104-106, div. D, title XLIII, § 4321(d)(3), div. E, title LV, § 5501(2), Feb. 10, 1996, 110 Stat. 674, 698.)

AMENDMENTS

1996-Subsec. (a)(1). Pub. L. 104-106, § 5501(2)(A), substituted "100 days" for “125 days".

Subsec. (b)(2). Pub. L. 104–106, § 4321(d)(3), substituted "section 3553(d)(3)(C)(i)(I)” for "section 3553(d)(2)(A)(i)”.

Subsec. (e)(1). Pub. L. 104-106, §5501(2)(B)(i), substituted "Government Reform and Oversight" for "Government Operations".

Subsec. (e)(2). Pub. L. 104-106, §5501(2)(B)(ii), substituted "100 days" for "125 days".

CHANGE OF NAME

Committee on Government Reform and Oversight of House of Representatives changed to Committee on

Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.

EFFECTIVE DATE OF 1996 AMENDMENT

For effective date and applicability of amendment by section 4321(d)(3) of Pub. L. 104-106, see section 4401 of Pub. L. 104-106, set out as a note under section 251 of Title 41, Public Contracts.

Amendment by section 5501(2) of Pub. L. 104-106 effective 180 days after Feb. 10, 1996, see section 5701 of Pub. L. 104-106, set out as an Effective Date note under section 1401 of Title 40, Public Buildings, Property, and Works.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3553, 3555, 3556 of this title; title 10 section 2305; title 22 section 3862; title 41 section 253b.

§ 3555. Regulations; authority of Comptroller General to verify assertions

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3553, 3554 of this title; title 22 section 3862.

§3556. Nonexclusivity of remedies; matters included in agency record

[See main edition for text]

(As amended Pub. L. 104–320, § 12(f), Oct. 19, 1996, 110 Stat. 3876.)

AMENDMENT OF SECTION

Pub. L. 104-320, §12(f), Oct. 19, 1996, 110 Stat. 3876, provided that, when the bid protest jurisdiction of the district courts of the United States is terminated pursuant to section 12(d) of Pub. L. 104-320 (28 U.S.C. 1491 note), this section is amended by striking "a court of the United States or" in the first sentence.

NONEXCLUSIVITY OF GAO REMEDIES

Section 12(f) of Pub. L. 104-320 provided that: "In the event that the bid protest jurisdiction of the district courts of the United States is terminated pursuant to subsection (d) [set out as a note under section 1491 of Title 28. Judiciary and Judicial Procedure], then section 3556 of title 31, United States Code, shall be amended by striking 'a court of the United States or' in the first sentence."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 22 section 3862.

Pub. L. 104-134, title III, §31001(j)(2), (o)(2), (r)(2), (t)(2), Apr. 26, 1996, 110 Stat. 1321-365, 1321-371, 1321–373, 1321-375, added items 3720B to 3720E.

SUBCHAPTER I-GENERAL

§ 3701. Definitions and application (a) In this chapter

(1) "administrative offset" means withholding funds payable by the United States (including funds payable by the United States on behalf of a State government) to, or held by the United States for, a person to satisfy a claim.

[See main edition for text of (2) and (3)]

(4) "executive, judicial, or legislative agency" means a department, agency, court, court administrative office, or instrumentality in the executive, judicial, or legislative branch of Government, including government corporations.

[See main edition for text of (5) to (7)]

(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.

(b)(1) In subchapter II of this chapter and subsection (a)(8) of this section, the term "claim" or "debt" means any amount of funds or property that has been determined by an appropriate official of the Federal Government to be owed to the United States by a person, organization, or entity other than another Federal agency. A claim includes, without limitation

(A) funds owed on account of loans made, insured, or guaranteed by the Government, including any deficiency or any difference between the price obtained by the Government in the sale of a property and the amount owed to the Government on a mortgage on the property,

(B) expenditures of nonappropriated funds, (C) over-payments, including payments disallowed by audits performed by the Inspector General of the agency administering the program,

(D) any amount the United States is authorized by statute to collect for the benefit of any person,

(E) the unpaid share of any non-Federal partner in a program involving a Federal payment and a matching, or cost-sharing, payment by the non-Federal partner,

(F) any fines or penalties assessed by an agency;1 and

(G) other amounts of money or property owed to the Government.

(2) For purposes of section 3716 of this title, each of the terms "claim" and "debt" includes an amount of funds or property owed by a person to a State (including any past-due support being enforced by the State), the District of Columbia, American Samoa, Guam, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, or the Commonwealth of Puerto Rico.

1 So in original. The semicolon probably should be a comma.

(c) In sections 3716 and 3717 of this title, the term "person" does not include an agency of the United States Government.

(d) Sections 3711(e) and 3716-3719 of this title do not apply to a claim or debt under, or to an amount payable under

(1) the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.),

(2) the Social Security Act (42 U.S.C. 301 et seq.), except to the extent provided under sections 204(f) and 1631(b)(4) of such Act and section 3716(c) of this title, or

(3) the tariff laws of the United States. (e) In section 3716 of this title

(1) "creditor agency" means any agency owed a claim that seeks to collect that claim through administrative offset; and

(2) "payment certifying agency" means any agency that has transmitted a voucher to a disbursing official for disbursement.

(f) In section 3711 of this title, “private collection contractor" means private debt collectors under contract with an agency to collect a nontax debt or claim owed the United States. The term includes private debt collectors, collection agencies, and commercial attorneys.

(As amended Pub. L. 104-134, title III, § 31001(c)(2), (d)(1), (3), (z)(1), Apr. 26, 1996, 110 Stat. 1321-359, 1321-361, 1321-378; Pub. L. 104-316, title I, §115(g)(2)(A), Oct. 19, 1996, 110 Stat. 3835; Pub. L. 106-169, title II, § 203(b), Dec. 14, 1999, 113 Stat. 1832.)

REFERENCES IN TEXT

The Internal Revenue Code of 1986, referred to in subsecs. (a)(8) and (d)(1), is classified to Title 26. Internal Revenue Code.

The Social Security Act, referred to in subsec. (d)(2). is act Aug. 14. 1935, ch. 531, 49 Stat. 620, as amended, which is classified generally to chapter 7 (§301 et seq.) of Title 42, The Public Health and Welfare. Sections 204(f) and 1631(b)(4) of the Act are classified to sections 404(f) and 1383(b)(4), respectively. of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

The tariff laws of the United States, referred to in subsec. (d)(3), are classified generally to Title 19, Customs Duties.

AMENDMENTS

1999 Subsec. (d)(2). Pub. L. 106-169 substituted "sections 204(f) and 1631(b)(4)" for "section 204(f)".

1996 Subsec. (a)(1). Pub. L. 104-134, §31001(z)(1)(A), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "administrative offset' means withholding money payable by the United States Government to, or held by the Government for, a person to satisfy a debt the person owes the Government."

Subsec. (a)(4). Pub. L. 104-134, §31001(c)(2), amended par. (4) generally. Prior to amendment, par. (4) read as follows: "'executive or legislative agency' means a department, agency, or instrumentality in the executive or legislative branch of the Government."

Subsec. (a)(8). Pub. L. 104-134, §31001(d)(3), added par. (8).

Subsec. (b). Pub. L. 104-134. §31001(z)(1)(B). amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "In subchapter II of this chapter, 'claim' includes amounts owing on account of loans insured or guaranteed by the Government and other amounts due the Government."

Subsec. (c). Pub. L. 104–134. §31001(d)(1), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "In sections 3716 and 3717 of this title, 'per

son' does not include an agency of the United States Government, of a State government, or of a unit of general local government."

Subsec. (d). Pub. L. 104-316 substituted "Sections 3711(e)" for "Sections 3711(f)" in introductory provisions.

Pub. L. 104-134, §31001(z)(1)(D), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "Sections 3711(f) and 3716-3719 of this title do not apply to a claim or debt under, or to an amount payable under, the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.), the Social Security Act (42 U.S.C. 301 et seq.), except to the extent provided under section 204(f) of such Act (42 U.S.C. 404(f)),, or the tariff laws of the United States."

Subsecs. (e), (f). Pub. L. 104-134. §31001(z)(1)(C), added subsecs. (e) and (f).

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-169, title II. § 203(d). Dec. 14. 1999, 113 Stat. 1832, provided that: "The amendments made by this section [amending this section and sections 404 and 1383 of Title 42, The Public Health and Welfare] shall apply to debt outstanding on or after the date of the enactment of this Act [Dec. 14, 1999]."

EFFECTIVE DATE OF 1994 AMENDMENT

Section 5(c) of Pub. L. 103-387, as amended by Pub. L. 104-134, title III, §31001(z)(2)(B), Apr. 26, 1996, 110 Stat. 1321-379, provided that: "The amendments made by this section [amending this section and section 404 of Title 42. The Public Health and Welfare] shall apply to collection activities begun on or after the date of the enactment of this Act [Oct. 22, 1994].”

SHORT TITLE OF 1996 AMENDMENT

Section 31001(a)(1) of Pub. L. 104-134 provided that: "This section [enacting sections 3720B to 3720E of this title, amending this section, sections 3322, 3325, 3331, 3332, 3343, 3711, 3712, 3716 to 3719, 3720A, and 7701 of this title, section 5514 of Title 5, Government Organization and Employees, sections 6050P, 6103, and 6402 of Title 26. Internal Revenue Code, and sections 404 and 664 of Title 42, The Public Health and Welfare, enacting provisions set out as notes under this section, sections 3322, 3711, 3716, and 3719 of this title, and section 2461 of Title 28, Judiciary and Judicial Procedure, amending provisions set out as notes under this section and section 2461 of Title 28, and repealing provisions set out as notes under section 3718 of this title] may be cited as the 'Debt Collection Improvement Act of 1996'."

PURPOSES OF 1996 AMENDMENT

Section 31001(b) of Pub. L. 104-134 provided that: "The purposes of this section [see Short Title of 1996 Amendment note above] are the following:

"(1) To maximize collections of delinquent debts owed to the Government by ensuring quick action to enforce recovery of debts and the use of all appropriate collection tools.

"(2) To minimize the costs of debt collection by consolidating related functions and activities and utilizing interagency teams.

"(3) To reduce losses arising from debt management activities by requiring proper screening of potential borrowers, aggressive monitoring of all accounts, and sharing of information within and among Federal agencies.

"(4) To ensure that the public is fully informed of the Federal Government's debt collection policies and that debtors are cognizant of their financial obligations to repay amounts owed to the Federal Government.

"(5) To ensure that debtors have all appropriate due process rights, including the ability to verify, challenge, and compromise claims, and access to administrative appeals procedures which are both reasonable and protect the interests of the United States.

"(6) To encourage agencies, when appropriate, to sell delinquent debt, particularly debts with underlying collateral.

"(7) To rely on the experience and expertise of private sector professionals to provide debt collection services to Federal agencies."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 6050P.

§ 3702. Authority to settle claims

(a) Except as provided in this chapter or another law, all claims of or against the United States Government shall be settled as follows:

(1) The Secretary of Defense shall settle

(A) claims involving uniformed service members' pay, allowances, travel, transportation, retired pay, and survivor benefits; and

(B) claims by transportation carriers involving amounts collected from them for loss or damage incurred to property incident to shipment at Government expense.

(2) The Director of the Office of Personnel Management shall settle claims involving Federal civilian employees' compensation and leave.

(3) The Administrator of General Services shall settle claims involving expenses incurred by Federal civilian employees for official travel and transportation, and for relocation expenses incident to transfers of official duty station.

(4) The Director of the Office of Management and Budget shall settle claims not otherwise provided for by this subsection or another provision of law.

(b)(1) A claim against the Government presented under this section must contain the signature and address of the claimant or an authorized representative. The claim must be received by the official responsible under subsection (a) for settling the claim or by the agency that conducts the activity from which the claim arises within 6 years after the claim accrues except

[See main edition for text of (A) and (B)]

(2) When the claim of a member of the armed forces accrues during war or within 5 years before war begins, the claim must be received within 5 years after peace is established or within the period provided in paragraph (1) of this subsection, whichever is later.

(3) A claim that is not received in the time required under this subsection shall be returned with a copy of this subsection, and no further communication is required.

[See main edition for text of (c)]

(d) The official responsible under subsection (a) for settling the claim shall report to Congress on a claim against the Government that is timely presented under this section that may not be adjusted by using an existing appropriation, and that the official believes Congress should consider for legal or equitable reasons. The report shall include recommendations of the official.

(e)(1) Upon the request of the Secretary concerned (as defined in section 101 of title 37, United States Code), the Secretary of Defense may waive the time limitations set forth in subsection (b) or (c) in the case of a claim for pay

or allowances provided under title 37 and, subject to paragraph (2), settle the claim.

(2) Payment of a claim settled under paragraph (1) shall be made from an appropriation that is available, for the fiscal year in which the payment is made, for the same purpose as the appropriation to which the obligation claimed would have been charged if the obligation had been timely paid.

(3) This subsection does not apply to a claim in excess of $25,000.

(As amended Pub. L. 104-201, div. A, title VI, § 608, Sept. 23, 1996, 110 Stat. 2542; Pub. L. 104-316, title II, § 202(n)(1), Oct. 19, 1996, 110 Stat. 3843; Pub. L. 105-85, div. A, title X, § 1012, Nov. 18, 1997, 111 Stat. 1874.)

AMENDMENTS

1997-Subsec. (e)(1). Pub. L. 105-85, §1012(1), substituted "Secretary of Defense" for "Comptroller General".

Subsec. (e)(2). Pub. L. 105-85, §1012(2), added par. (2) and struck out former par. (2) which read as follows: "Payment of a claim settled under paragraph (1) shall be subject to the availability of appropriations for payment of that particular claim."

1996-Pub. L. 104-316, § 202(n)(1)(A), struck out "of the Comptroller General" after "Authority" in section catchline.

Subsec. (a). Pub. L. 104-316, §202(n)(1)(B), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "Except as provided in this chapter or another law, the Comptroller General shall settle all claims of or against the United States Government. A claim that was not administratively examined before submission to the Comptroller General shall be examined by 2 officers or employees of the General Accounting Office independently of each other."

Subsec. (b)(1). Pub. L. 104–316, § 202(n)(1)(C), in introductory provisions substituted "The claim must be received by the official responsible under subsection (a) for settling the claim or by the agency that conducts the activity from which the claim arises within 6 years after the claim accrues except-" for "The claim must be received by the Comptroller General within 6 years after the claim accrues except-".

Subsec. (b)(2). Pub. L. 104-316, §202(n)(1)(D), substituted "received" for "presented to the Comptroller General" and "in paragraph" for "in clause".

Subsec. (b)(3). Pub. L. 104–316. § 202(n)(1)(E), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "The Comptroller General shall return a claim not received in the time required under this subsection with a copy of this subsection and no further communication is required."

Subsec. (d). Pub. L. 104-316, §202(n)(1)(F), substituted "official responsible under subsection (a) for settling the claim" for "Comptroller General" before "shall report to Congress" and "official" for "Comptroller General" before "believes" and before period at end. Subsec. (e). Pub. L. 104-201 added subsec. (e). SUBCHAPTER II-CLAIMS OF THE UNITED STATES GOVERNMENT

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 3701, 3712 of this title; title 8 section 1183a; title 21 section 379h.

§ 3711. Collection and compromise

(a) The head of an executive, judicial, or legislative agency

[See main edition for text of (1)]

(2) may compromise a claim of the Government of not more than $100,000 (excluding in

terest) or such higher amount as the Attorney General may from time to time prescribe that has not been referred to another executive or legislative agency for further collection action, except that only the Comptroller General may compromise a claim arising out of an exception the Comptroller General makes in the account of an accountable official; and

[See main edition for text of (3)]

(b)(1) The head of an executive, judicial, or legislative agency may not act under subsection (a)(2) or (3) of this section on a claim that appears to be fraudulent, false, or misrepresented by a party with an interest in the claim, or that is based on conduct in violation of the antitrust laws.

(2) The Secretary of Transportation may not compromise for less than $500 a penalty under section 21302 of title 49 for a violation of chapter 203, 205, or 207 of title 49 or a regulation or requirement prescribed or order issued under any of those chapters.

(c) A compromise under this section is final and conclusive unless gotten by fraud, misrepresentation, presenting a false claim, or mutual mistake of fact. An accountable official is not liable for an amount paid or for the value of property lost or damaged if the amount or value is not recovered because of a compromise under this section.

(d) The head of an executive, judicial, or legislative agency acts under

(1) regulations prescribed by the head of the agency; and

(2) standards that the Attorney General, the Secretary of the Treasury, may prescribe.1

(e)(1) When trying to collect a claim of the Government under a law except the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.), the head of an executive, judicial, or legislative agency shall disclose to a consumer reporting agency information from a system of records that a person is responsible for a claim if—

(A) notice required by section 552a(e)(4) of title 5 indicates that information in the system may be disclosed to a consumer reporting agency;

(B) the head of the agency has reviewed the claim and decided that the claim is valid and overdue;

(C) the head of the agency has notified the person in writing

(i) that payment of the claim is overdue; (ii) that, within not less than 60 days after sending the notice, the head of the agency intends to disclose to a consumer reporting agency that the person is responsible for the claim;

(iii) of the specific information to be disclosed to the consumer reporting agency; and

(iv) of the rights the person has to a complete explanation of the claim, to dispute information in the records of the agency about the claim, and to administrative repeal or review of the claim;

'So in original. Probably should be "Attorney General and the Secretary of the Treasury may prescribe jointly."

(D) the person has not—

(i) repaid or agreed to repay the claim under a written repayment plan that the person has signed and the head of the agency has agreed to; or

(ii) filed for review of the claim under paragraph (2) of this subsection;

(E) the head of the agency has established procedures to

(i) disclose promptly, to each consumer reporting agency to which the original disclosure was made, a substantial change in the condition or amount of the claim;

(ii) verify or correct promptly information about the claim on request of a consumer reporting agency for verification of information disclosed; and

(iii) get satisfactory assurances from each consumer reporting agency that the agency is complying with all laws of the United States related to providing consumer credit information; and

(F) the information disclosed to the consumer reporting agency is limited to

(i) information necessary to establish the identity of the person, including name, address, and taxpayer identification number;

(ii) the amount, status, and history of the claim; and

(iii) the agency or program under which the claim arose.

(2) Before disclosing information to a consumer reporting agency under paragraph (1) of this subsection and at other times allowed by law, the head of an executive, judicial, or legislative agency shall provide, on request of a person alleged by the agency to be responsible for the claim, for a review of the obligation of the person, including an opportunity for reconsideration of the initial decision on the claim.

(3) Before disclosing information to a consumer reporting agency under paragraph (1) of this subsection, the head of an executive, judicial, or legislative agency shall take reasonable action to locate a person for whom the head of the agency does not have a current address to send the notice under paragraph (1)(C).

(4) The head of each executive agency shall require, as a condition for insuring or guaranteeing any loan, financing, or other extension of credit under any law to a person, that the lender provide information relating to the extension of credit to consumer reporting agencies or commercial reporting agencies, as appropriate.

(5) The head of each executive agency may provide to a consumer reporting agency or commercial reporting agency information from a system of records that a person is responsible for a claim which is current, if notice required by section 552a(e)(4) of title 5 indicates that information in the system may be disclosed to a consumer reporting agency or commercial reporting agency, respectively.

(f)(1) The Secretary of Defense may suspend or terminate an action by the Secretary or by the Secretary of a military department under subsection (a) to collect a claim against the estate of a person who died while serving on active duty as a member of the Army, Navy, Air Force, Marine Corps, or Coast Guard during a period