§5314 — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary must take money from future payments a person gets under any law the Secretary runs to pay back a debt the person owes the United States because of their participation in a benefits program. This must follow subsections (b) and (d) and section 3485(e), and does not apply if the Secretary waives recovery under section 5302. The Secretary cannot deduct money while the existence or amount of the debt is being disputed under section 5314A. Before taking money, the Secretary must try to tell the person about their right to dispute the debt through the official process and to ask for a waiver under section 5302. The Secretary must either decide the dispute or request, or conclude that waiting would risk recovering the full amount by deductions. The Secretary also must try to tell the person about the planned deductions. There is no time limit on the Secretary’s authority to use deductions or other administrative steps to collect the debt or check a person’s creditworthiness. The Secretary must create rules to carry out these requirements.

Title 38, §5314

Veterans' Benefits — Source: USLM XML via OLRC

(a)(1)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 person’s participation in a benefits program administered by the Secretary from future payments made to such person under any law administered by the Secretary.

(2)The Secretary may not make a deduction under paragraph (1) while the existence or amount of such indebtedness is disputed under section 5314A of this title.

(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 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 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 Secretary’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 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (a). Pub. L. 117–328 designated existing provisions as par. (1) and added par. (2). 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 “Secretary’s” for “Administrator’s” 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”.

Statutory Notes and Related Subsidiaries

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 section 603 [amending section 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 section 3114 and 3115 [now 5314 and 5315] of title 38, United States Code, as added by subsection (a).”

§5314 Indebtedness Offsets

Summary

Title 38, §5314

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Amendments

Rules and Regulations

Regulations

Citations & Metadata