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38 U.S.C. § 5316 — Authority to sue to collect certain debts

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 5316 — Authority to sue to collect certain debts

**(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 person’s 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.

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Source location: Title 38, Chapter 53, § 5316; chapter-053-special-provisions-relating-to-benefits.md

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 5314 — Indebtedness offsets

**(a)** (1) Subject to subsections (b) and (d) of this section and [section 3485(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3485/e&num=0&edition=prelim), the Secretary shall (unless the Secretary waives recovery under [section 5302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5302&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5314a&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5302&num=0&edition=prelim); (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 su

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3116 — Promotion of employment and training opportunities

**(a)** The Secretary shall actively promote the development and establishment of employment, training, and other related opportunities for (1) veterans who are participating or who have participated in a rehabilitation program under this chapter, (2) veterans with service-connected disabilities, and (3) other veterans to whom the employment emphases set forth in chapter 42 of this title apply. The Secretary shall promote the development and establishment of such opportunities through Department of Veterans Affairs staff outreach efforts to employers and through Department of Veterans Affairs coordination with Federal, State, and local governmental agencies and appropriate nongovernmental organizations. In carrying out the provisions of this subsection with respect to veterans referred to in clause (3) of the first sentence of this subsection, the Secretary shall place particular emphasis on the needs of categories of such veterans on the basis of applicable rates of unemployment. **(b)** (1) The Secretary, pursuant to regulations prescribed in accordance with paragraph (3) of this subsection, may make payments to employers for providing on-job training to veterans in individual cases in which the Secretary determines that such payment is necessary to obtain needed on-job training or to begin employment. Such payments may not exceed the direct expenses incurred by such employers in providing such on-job training or employment opportunity. (2) In any case in which a veteran described in paragraph (1) of this subsection participates in on-job training described in such paragraph that satisfies the criteria for payment of a training assistance allowance under [section 3687 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3687&nu

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 5316 — Authority to sue to collect certain debts

Page 1070 TITLE 38—VETERANS’ BENEFITS § 5316 § 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; Pub. L. 117–328, div. U, title II, § 253(a), Dec. 29, 2022, 136 Stat. 5464.) Editorial Notes AMENDMENTS 2022—Subsec. (a)(1). Pub. L. 117–328 designated exist- ing provisions as introductory provisions, substituted ‘‘other than—’’ for ‘‘other than a loan, loan-guaranty, or loan-insurance program;’’, and added subpars. (A) to (D). 1998—Subsec. (b)(1). Pub. L. 105–368 substituted ‘‘Octo- ber 17, 1980,’’ for ‘‘the date of the enactment of this sec- tion,’’. 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 ‘‘Sec- retary’’ for ‘‘Administrator’’ in introductory provi- sions. Pub. L. 102–83, § 4(a)(1), substituted ‘‘administered by the Secretary’’ for ‘‘administered by the Veterans’ Ad- ministration’’ 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), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever ap- pearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Pub. L. 117–328, div. U, title II, § 253(b), Dec. 29, 2022, 136 Stat. 5464, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall apply with respect to an indebtedness

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