§ 5316. Authority to sue to collect certain debts

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Veterans’ Rehabilitation and Education Amendments of 1980

   Pub. L. 96–466 title VI § 605(a)(1) · 94 Stat. 2171

   Enacted · 38 U.S.C. § 5316

   Added Pub. L. 96–466, title VI, § 605(a)(1), Oct. 17, 1980, 94 Stat. 2211, § 3116

   Source evidence

   Code source credit
   Added Pub. L. 96–466, title VI, § 605(a)(1), Oct. 17, 1980, 94 Stat. 2211, § 3116

   Enacted provision · exact public law section
   (1) Chapter 53 is amended by adding at the end the following new sections: “§ 3114. Indebtedness offsets “(a) Subject to subsections (b) and (d) of this section, the Administrator shall (unless the Administrator waives recovery under section 3102 of this title) deduct the amount of the indebtedness of any person 38 USC 3102. who has been determined to be indebted to the United States by virtue of such person’s participation in a benefits program adminis-tered by the Veterans’ Administration from future payments made to such person under any law administered by the Veterans’ Administration. “(b) Deductions may not be made under subsection (a) of this section with respect to the indebtedness of a person described in such subsection unless the Administrator— “(1) has made reasonable efforts to notify such person of such person’s right to dispute through prescribed administrative processes the existence or amount of such indebtedness and of such person’s right to request a waiver of such indebtedness under 38 USC 3102. section 3102 of this title; “(2) has made a determination with respect to any such dispute or request or has determined that the time required to make such a determination before making deductions would jeopardize the Administrator’s ability to recover the full amount of such indebtedness through deductions from such payments; and “(3) has made reasonable efforts to notify such person about the proposed deductions from such payments. “(c) Notwithstanding any other provision of this title or of any other law, the authority of the Administrator to make deductions under this section or to take other administrative action authorized by law for the purpose of collecting an indebtedness described in subsection (a) of this section, or for the purpose of determining the creditworthiness of a person who owes such an indebtedness, shall not be subject to any limitation with respect to the time for bringing civil actions or for commencing administrative proceedings. “(d) The Administrator shall prescribe regulations for the administration of this section. “§ 3115. Interest and administrative cost charges on delinquent payments of certain amounts due the United States “(a) Notwithstanding any other provision of this title or of any other law and subject to section 3102 of this title, interest and administrative costs (as described in subsections (b) and (c) of this section) shall be charged, under regulations which the Administrator shall prescribe, on any amount owed to the United States— “(1) for an indebtedness resulting from a person’s participation in a benefits program administered by the Veterans’ Administration other than a loan, loan-guaranty, or loan-insurance program; “(2) for an indebtedness resulting from the provision of care or 38 USC 601 et seq. services under chapter 17 of this title; or “(3) to the extent not precluded by the terms of the loan instruments concerned, for an indebtedness resulting from a person’s participation in a program of loans, loan guaranties, or loan insurance administered by the Veterans’ Administration under this title. “(b) (1) Interest on the amount of any indebtedness described in subsection (a) of this section shall accrue from the day on which the initial notification of the amount due is mailed to the person who owes such amount (using the most current address of such person that is available to the Administrator), but interest under this section shall not be charged (A) for any period before the date of the enactment of this section, or (B) if the amount due is paid within a reasonable period of time. The Administrator shall, in the regulations prescribed pursuant to subsection (a) of this section, prescribe what constitutes a reasonable period of time for payment of an indebtedness after the initial notification of indebtedness has been mailed. “(2) The rate of interest to be charged under this section shall be based on the rate of interest paid by the United States for its borrowing and shall be determined by the Administrator under such regulations. “(c) The administrative costs to be charged under this section with Administrative costs. respect to an amount owed to the United States shall be so much of the costs incurred by the United States in collecting such amount as the Administrator determines, under such regulations, to be reasonable and appropriate. “§ 3116. Authority to sue to collect certain debts “(a) (1) Within ninety days after the date of the enactment of this section, the Administrator shall take appropriate steps to authorize attorneys employed by the Veterans’ Administration to exercise, subject to paragraphs (2) and (3) of this subsection, the right of the United States to bring suit in any court of competent jurisdiction to recover any indebtedness owed to the United States by a person by virtue of such person’s participation in a benefits program administered by the Veterans’ Administration. “(2) No suit may be filed under this section to recover any indebtedness owed by any person to the United States unless the Administrator has determined, under regulations which the Administrator shall prescribe, that such person has failed to respond appropriately to reasonable administrative efforts to collect such indebtedness. “(3) The activities of attorneys employed by the Veterans’ Administration in bringing suit under this section shall be subject to the direction and supervision of the Attorney General of the United States and to such terms and conditions as the Attorney General may prescribe. “(b) Not later than ninety days after the date of the enactment of this section, the Administrator and the Attorney General of the United States shall submit to the appropriate committees of the Congress a joint report that describes and explains the actions taken by the Administrator and the Attorney General to implement subsection (a) of this section. “(c) Nothing in this section shall derogate from the authority of the Attorney General of the United States under sections 516 and 519 of title 28 to direct and supervise all litigation to which the United States or an agency or officer of the United States is a party.”.

2. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

   Pub. L. 102–40 title IV § 402(b)(1) · 105 Stat. 187

   Changed · 38 U.S.C. § 5316

   Pub. L. 102–40 renumbered section 3116 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–40 renumbered section 3116 of this title as this section.

   Enacted provision · exact public law section
   (1) Each section contained in any of chapters 51, 53, 55, 57, 59, 61, 71, 72, 76, 78 (as redesignated by subsection (a)), 81, 83, and 85 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

3. 1991

   Pub. L. 102–54 § 14(d)(3)(A) · 105 Stat. 267

   Substituted · 38 U.S.C. § 5316(a)(1)

   Pub. L. 102–54, § 14(d)(3)(A), amended subsec. (a)(1) as in effect immediately before the enactment of Pub. L. 102–40 by substituting “The” for “Within ninety days after the date of the enactment of this section, the”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–54, § 14(d)(3)(A), amended subsec. (a)(1) as in effect immediately before the enactment of Pub. L. 102–40 by substituting “The” for “Within ninety days after the date of the enactment of this section, the”.

   Enacted provision · exact public law section
   (A) by striking out “Within ninety days after the date of the enactment of this section, the” in subsection (a)(1) and inserting in lieu thereof “The”;

4. 1991

   Pub. L. 102–54 § 14(d)(3)(B) · 105 Stat. 267

   1. Redesignated · 38 U.S.C. § 5316(b); 38 U.S.C. § 5316(c)

      Pub. L. 102–54, § 14(d)(3)(B), amended section as in effect immediately before the enactment of Pub. L. 102–40 by redesignating subsec. (c) as (b)

   2. Struck · 38 U.S.C. § 5316(b); 38 U.S.C. § 5316(c)

      Pub. L. 102–54, § 14(d)(3)(B), striking out former subsec. (b) which read as follows: “Not later than ninety days after the date of the enactment of this section, the Administrator and the Attorney General of the United States shall submit to the appropriate committees of the Congress a joint report that describes and explains the actions taken by the Administrator and the Attorney General to implement subsection (a) of this section.”

   Source evidence

   Code amendment note
   Subsecs. (b), (c). Pub. L. 102–54, § 14(d)(3)(B), amended section as in effect immediately before the enactment of Pub. L. 102–40 by redesignating subsec. (c) as (b) and striking out former subsec. (b) which read as follows: “Not later than ninety days after the date of the enactment of this section, the Administrator and the Attorney General of the United States shall submit to the appropriate committees of the Congress a joint report that describes and explains the actions taken by the Administrator and the Attorney General to implement subsection (a) of this section.”

   Enacted provision · exact public law section
   (B) by striking out subsection (b); and

5. 1991

   Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

   Substituted · 38 U.S.C. § 5316(a)(1)

   Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

   Enacted provision · exact public law section
   (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

6. 1991

   Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

   Substituted · 38 U.S.C. § 5316(a)(1)

   Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

   Enacted provision · exact public law section
   (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

7. 1991

   Pub. L. 102–83 § 4(a)(1) · 105 Stat. 378

   Substituted · 38 U.S.C. § 5316(a)(1)

   Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

   Enacted provision · exact public law section
   (1) Title 38 is amended by striking out “administered by the Veterans’ Administration” each place it appears and inserting in lieu thereof “administered by the Secretary”.

8. 1991

   Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

   Substituted · 38 U.S.C. § 5316(a)(2)

   Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.

   Enacted provision · exact public law section
   (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

9. 1991

   Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

   Substituted · 38 U.S.C. § 5316(a)(3)

   Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

   Enacted provision · exact public law section
   (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

10 of 10 references resolved to an enrolled provision