38-U.S.C.-5316
§5316 – Authority to Sue to Collect Certain Debts
Pathway
Title 38 > Part IV > Chapter 53 > Section 5316
Details
- Reference: Section 5316
- Legend: §5316 – Authority to Sue to Collect Certain Debts
- USCode Year: 2013
Provision Content
(a)(1) The Secretary shall take appropriate steps to authorize attorneys employed by the Department 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 persons participation in a benefits program administered by the Secretary.
(2) No suit may be filed under this section to recover any indebtedness owed by any person to the United States unless the Secretary has determined, under regulations which the Secretary 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 Department 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) 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.
(Added Pub. L. 96–466, title VI, §605(a)(1), Oct. 17, 1980, 94 Stat. 2211, §3116; renumbered §5316, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102–54, §14(d)(3), June 13, 1991, 105 Stat. 285; Pub. L. 102–83, §4(a)(1), (3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.)
Amendments
1991—Pub. L. 102–40 renumbered section 3116 of this title as this section.
Subsec. (a)(1). Pub. L. 102–83, §4(b)(1), (2)(E), substituted Secretary for Administrator.
Pub. L. 102–83, §4(a)(3), (4), substituted Department for Veterans’ Administration.
Pub. L. 102–83, §4(a)(1), substituted administered by the Secretary for administered by the Veterans’ Administration.
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.
Subsec. (a)(2). Pub. L. 102–83, §4(b)(1), (2)(E), substituted Secretary for Administrator in two places.
Subsec. (a)(3). Pub. L. 102–83, §4(a)(3), (4), substituted Department for Veterans’ Administration.
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.
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.
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