38-U.S.C.-5315
§5315 – Interest and Administrative Cost Charges On Delinquent Payments of Certain Amounts Due The United States
Pathway
Title 38 > Part IV > Chapter 53 > Section 5315
Details
- Reference: Section 5315
- Legend: §5315 – Interest and Administrative Cost Charges On Delinquent Payments of Certain Amounts Due The United States
- USCode Year: 2013
Provision Content
(a) Notwithstanding any other provision of this title or of any other law and subject to sections 3485(e) and 5302 of this title, interest and administrative costs (as described in subsections (b) and (c) of this section) shall be charged, under regulations which the Secretary shall prescribe, on any amount owed to the United States—
(1) for an indebtedness resulting from a persons participation in a benefits program administered by the Secretary other than a loan, loan-guaranty, or loan-insurance program;
(2) for an indebtedness resulting from the provision of care or 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 persons participation in a program of loans, loan guaranties, or loan insurance administered by the Secretary 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 Secretary), but interest under this section shall not be charged (A) for any period before October 17, 1980, or (B) if the amount due is paid within a reasonable period of time. The Secretary 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 Secretary under such regulations.
(c) The administrative costs to be charged under this section with 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 Secretary determines, under such regulations, to be reasonable and appropriate.
(Added Pub. L. 96–466, title VI, §605(a)(1), Oct. 17, 1980, 94 Stat. 2210, §3115; amended Pub. L. 102–16, §6(b)(4), Mar. 22, 1991, 105 Stat. 51; renumbered §5315 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; Pub. L. 105–368, title X, §1005(b)(17), Nov. 11, 1998, 112 Stat. 3365.)
Amendments
1998—Subsec. (b)(1). Pub. L. 105–368 substituted October 17, 1980, for the date of the enactment of this section,.
1991—Pub. L. 102–40, §402(b)(1), renumbered section 3115 of this title as this section.
Subsec. (a). Pub. L. 102–83, §5(c)(1), substituted 3485(e) for 1685(e) in introductory provisions.
Pub. L. 102–83, §4(b)(1), (2)(E), substituted Secretary for Administrator in introductory provisions.
Pub. L. 102–83, §4(a)(1), substituted administered by the Secretary for administered by the Veterans’ Administration in pars. (1) and (3).
Pub. L. 102–40, §402(d)(1), substituted 5302 for 3102 in introductory provisions.
Pub. L. 102–16 substituted sections 1685(e) and 3102 for section 3102 in introductory provisions.
Subsecs. (b), (c). Pub. L. 102–83, §4(b)(1), (2)(E), substituted Secretary for Administrator wherever appearing.
Effective Date
Section effective Oct. 1, 1980, except as otherwise specifically provided, see section 802(f) of Pub. L. 96–466, set out as a note under section 5314 of this title.
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.
Leave a Reply