38-U.S.C.-5314
§5314 – Indebtedness offsets
Pathway
Title 38 > Part IV > Chapter 53 > Section 5314
Details
- Reference: Section 5314
- Legend: §5314 – Indebtedness offsets
- USCode Year: 2013
Provision Content
(a) Subject to subsections (b) and (d) of this section and section 3485(e) of this title, the Secretary shall (unless the Secretary waives recovery under section 5302 of this title) deduct the amount of the indebtedness of any person who has been determined to be indebted to the United States by virtue of such persons participation in a benefits program administered by the Secretary from future payments made to such person under any law administered by the Secretary.
(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 Secretary—
(1) has made reasonable efforts to notify such person of such persons right to dispute through prescribed administrative processes the existence or amount of such indebtedness and of such persons right to request a waiver of such indebtedness under section 5302 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 Secretarys 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 Secretary 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 Secretary shall prescribe regulations for the administration of this section.
(Added Pub. L. 96–466, title VI, §605(a)(1), Oct. 17, 1980, 94 Stat. 2209, §3114; amended Pub. L. 102–16, §6(b)(3), Mar. 22, 1991, 105 Stat. 51; renumbered §5314 and amended Pub. L. 102–40, title IV, §402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, §§4(a)(1), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 403–406.)
Amendments
1991—Pub. L. 102–40, §402(b)(1), renumbered section 3114 of this title as this section.
Subsec. (a). Pub. L. 102–83, §5(c)(1), substituted 3485(e) for 1685(e).
Pub. L. 102–83, §4(b)(1), (2)(E), substituted Secretary for Administrator in two places.
Pub. L. 102–83, §4(a)(1), substituted administered by the Secretary for administered by the Veterans’ Administration in two places.
Pub. L. 102–40, §402(d)(1), substituted 5302 for 3102.
Pub. L. 102–16 inserted and section 1685(e) of this title after Subject to subsections (b) and (d) of this section.
Subsec. (b). Pub. L. 102–83, §4(b)(1), (2)(E), substituted Secretary for Administrator in introductory provisions and Secretarys for Administrators in par. (2).
Pub. L. 102–40, §402(d)(1), substituted 5302 for 3102 in par. (1).
Subsecs. (c), (d). Pub. L. 102–83, §4(b)(1), (2)(E), substituted Secretary for Administrator.
Effective Date
Pub. L. 96–466, title VIII, §802(f), Oct. 17, 1980, 94 Stat. 2218, provided that:
(1) Except as provided in paragraph (2), the amendments made by title VI [see Tables for classification] shall become effective on October 1, 1980.
(2) The amendments made by sections 603 [amending sections 1677 and 1798 [now 3698] of this title] and 604 [amending section 1786 [now 3686] of this title] shall not apply to any person receiving educational assistance under chapter 34 or 35 of title 38, United States Code, on September 1, 1980, for the pursuit of a program of education, as defined in section 1652(b) [now 3452(b)] of such title, in which such person is enrolled on that date, for as long as such person continuously thereafter is so enrolled and meets the requirements of eligibility for such assistance for the pursuit of such program under the provisions of such chapter and chapter 36 of such title as in effect on that date.
Rules and Regulations
Pub. L. 96–466, title VI, §605(b), Oct. 17, 1980, 94 Stat. 2211, provided that: The Administrator of Veterans’ Affairs [now Secretary of Veterans Affairs] shall, not later than January 1, 1981, prescribe the regulations required to be prescribed under sections 3114 and 3115 [now 5314 and 5315] of title 38, United States Code, as added by subsection (a).
U.S. Encyclopedia of Law Coverage
38-U.S.C.-5313A in the Legal Encyclopedia: Veterans
In this entry about 38-U.S.C.-5313A, find legal reference material, bibliographies and premiere content related to veterans in the American Encyclopedia of Law, presenting a comprehensive view of the United States veterans-specific issues, written by authorities in the field.
Chapter 53 – Special Provisions Relating To Benefits in the Legal Encyclopedia: Benefits
In this entry about Chapter 53 – Special Provisions Relating To Benefits, find legal reference material, bibliographies and premiere content related to benefits in the American Encyclopedia of Law, presenting a comprehensive view of the United States benefits-specific issues, written by authorities in the field.
38-U.S.C.-5123 in the Legal Encyclopedia: Administrative Provisions
In this entry about 38-U.S.C.-5123, find legal reference material, bibliographies and premiere content related to administrative provisions in the American Encyclopedia of Law, presenting a comprehensive view of the United States administrative provisions-specific issues, written by authorities in the field.
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