§5302A — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary may not collect any debt the United States is owed from a member of the Armed Forces or a veteran described below if the Secretary decides stopping collection is in the best interest of the United States. This rule does not apply to debts under any program run under chapter 37 of this title. Member or veteran described below: a service member or veteran who died because of an injury incurred or made worse in the line of duty while serving in a theater of combat operations during a war or in combat against a hostile force in hostilities after September 11, 2001. What counts as a "theater of combat operations" is decided by the Secretary after consulting the Secretary of Defense.

Title 38, §5302A

Veterans' Benefits — Source: USLM XML via OLRC

(a)The Secretary may not collect all or any part of an amount owed to the United States by a member of the Armed Forces or veteran described in subsection (b) under any program under the laws administered by the Secretary, other than a program referred to in subsection (c), if the Secretary determines that termination of collection is in the best interest of the United States.

(b)A member of the Armed Forces or veteran described in this subsection is any member or veteran who dies as a result of an injury incurred or aggravated in the line of duty while serving in a theater of combat operations (as determined by the Secretary in consultation with the Secretary of Defense) in a war or in combat against a hostile force during a period of hostilities after September 11, 2001.

(c)The limitation on authority in subsection (a) shall not apply to any amounts owed the United States under any program carried out under chapter 37 of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2015—Pub. L. 114–58, § 601(21)(A), inserted period after section number. Subsec. (b). Pub. L. 114–58, § 601(21)(B), struck out “(as that term is defined in section 1712A(a)(2)(B) of this title)” after “hostilities”.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 110–252, title I, § 1303(c), June 30, 2008, 122 Stat. 2328, provided that: “The

Amendments

made by this section [enacting this section] shall take effect on the date of the enactment of this Act [

June 30, 2008], and shall apply with respect to collections of indebtedness of members of the Armed Forces and veterans who die on or after

September 11, 2001.” Equitable Refund Pub. L. 110–389, title VIII, § 801(b), Oct. 10, 2008, 122 Stat. 4185, provided that: “The Secretary of Veterans Affairs may refund to the estate of such person any amount collected by the Secretary (whether before, on, or after the date of the enactment of this Act [Oct. 10, 2008]) from a person who died while serving on active duty as a member of the Armed Forces if the Secretary determines that, under the circumstances applicable with respect to the deceased person, it is appropriate to do so.” Pub. L. 110–252, title I, § 1303(b),

June 30, 2008, 122 Stat. 2327, provided that: “In any case where all or any part of an indebtedness of a covered individual, as described in section 5302A(a) of title 38, United States Code, as added by subsection (a)(1), was collected after

September 11, 2001, and before the date of the enactment of this Act [

June 30, 2008], and the Secretary of Veterans Affairs determines that such indebtedness would have been terminated had such section been in effect at such time, the Secretary may refund the amount so collected if the Secretary determines that the individual is equitably entitled to such refund.”

§5302A Collection of Indebtedness: Certain Debts of Members of the Armed Forces and Veterans Who Die of Injury Incurred or Aggravated in the Line of Duty in a Combat Zone

Summary

Title 38, §5302A

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata