§ 3907. — Relationship to other laws.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 31USC3907]
TITLE 31--MONEY AND FINANCE
SUBTITLE III--FINANCIAL MANAGEMENT
CHAPTER 39--PROMPT PAYMENT
Sec. 3907. Relationship to other laws
(a) A claim for an interest penalty not paid under this chapter may
be filed under section 6 of the Contract Disputes Act of 1978 (41 U.S.C.
605).
(b)(1) An interest penalty under this chapter does not continue to
accrue--
(A) after a claim for a penalty is filed under the Contract
Disputes Act of 1978 (41 U.S.C. 601 et seq.); or
(B) for more than one year.
(2) Paragraph (1) of this subsection does not prevent an interest
penalty from accruing under section 12 of the Contract Disputes Act of
1978 (41 U.S.C. 611) after a penalty stops accruing under this chapter.
A penalty accruing under section 12 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 the Contract Disputes
Act of 1978 (41 U.S.C. 601 et seq.).
(Added Pub. L. 97-452, Sec. 1(18)(A), Jan. 12, 1983, 96 Stat. 2477,
Sec. 3906; renumbered Sec. 3907, Pub. L. 100-496, Sec. 9(a)(1), Oct. 17,
1988, 102 Stat. 2460.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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3906(a).............................. 31 App.:1803(a)(1). May 21, 1982, Pub. L. 97-177, Sec. 4, 96
Stat. 87.
3906(b).............................. 31 App.:1803(a)(2), (3).
3906(c).............................. 31 App.:1803(b).
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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.
References in Text
The Contract Disputes Act of 1978, referred to in subsecs. (b)(1)(A)
and (c), is Pub. L. 95-563, Nov. 1, 1978, 92 Stat. 2383, as amended,
which is classified principally to chapter 9 (Sec. 601 et seq.) of Title
41, Public Contracts. For complete classification of this Act to the
Code see Short Title note set out under section 601 of Title 41 and
Tables.
Amendments
1988--Pub. L. 100-496 renumbered section 3906 of this title as this
section.
Section Referred to in Other Sections
This section is referred to in sections 3901, 3902 of this title.
