Page:United States Statutes at Large Volume 100 Part 4.djvu/569

 PUBLIC LAW 99-578—OCT. 28, 1986

100 STAT. 3305

Public Law 99-578 99th Congress An Act To amend section 3718 of title 31, United States Code, to authorize contracts retaining private counsel to furnish legal services in the case of indebtedness owed the United States.

Oct. 28, 1986 [S. 209]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CONTRACTS FOR CERTAIN LEGAL SERVICES.

Section 3718 of title 31, United States Code, is amended— (1) by redesignating subsections (b), (c), and (d) as subsections (d), (e), and (0, respectively; (2) in subsection (d), as redesignated by paragraph (1), by inserting "or (b)" after "subsection (a)"; (3) in subsection (e), as redesignated by paragraph (1)— (A) by striking out "(b)" and inserting in lieu thereof "(d)"; and (B) by inserting "or (b)" after "(a)"; and (4) by inserting after subsection (a) the following new subsections: "(b)(1)(A) The Attorney General may make contracts retaining private counsel to furnish legal services, including representation in negotiation, compromise, settlement, and litigation, in the case of any claim of indebtedness owed the United States. Each such contract shall include such terms and conditions as the Attorney General considers necessary and appropriate, including a provision specifying the amount of the fee to be paid to the private counsel under such contract or the method for calculating that fee. The amount of the fee payable for legal services furnished under any such contract may not exceed the fee that counsel engaged in the private practice of law in the area or areas where the legal services are furnished typically charge clients for furnishing legal services in the collection of claims of indebtedness, as determined by the Attorney General, considering the amount, age, and nature of the indebtedness and whether the debtor is an individual or a business entity. If the Attorney General makes a contract for legal services to be furnished in any judicial district of the United States under the first sentence of this paragraph, the Attorney General shall use his best efforts to obtain, from among attorneys regularly engaged in the private practice of law in such district, at least four such contracts for legal services with private individuals or firms in such district. Nothing in this subparagraph shall relieve the Attorney General of the competition requirements set forth in title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 and following). "(B) The Attorney General shall use his best efforts to enter into contracts under this paragraph with law firms owned and controlled by socially and economically disadvantaged individuals, so as to enable each agency to comply with paragraph (3).

Claims.

Disadvantaged persons.

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