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38 U.S.C. § 5314A — Dispute of indebtedness

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

38 U.S.C. § 5314A — Dispute of indebtedness

**(a) Establishment.—** The Secretary shall prescribe regulations that establish an administrative process for the dispute of the existence or amount of an indebtedness described in [section 5314(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5314/a/1&num=0&edition=prelim) (without regard to whether the Secretary has made a deduction under such section regarding such indebtedness). **(b) Standards.—** The process under subsection (a) shall be efficient, effective, and equitable. **(c) Timeliness.—** The Secretary shall ensure that each dispute under subsection (a) proceeds in accordance with standards for timeliness prescribed by the Secretary under this section. **(d) Limitation.—** The Secretary may not submit to any debt collector (as defined in section 803 of the Fair Debt Collection Practices Act ([15 U.S.C. 1692a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1692a&num=0&edition=prelim))) any dispute pending under this section. **(e) Rule of Construction.—** Nothing in this section shall be construed to modify the procedures for seeking review of a decision of the agency of original jurisdiction described in [section 5104C(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5104C/a/1&num=0&edition=prelim).

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Source location: Title 38, Chapter 53, § 5314A; chapter-053-special-provisions-relating-to-benefits.md

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

15 U.S.C. § 1692a — Definitions

As used in this subchapter— (1) The term “Bureau” means the Bureau of Consumer Financial Protection. (2) The term “communication” means the conveying of information regarding a debt directly or indirectly to any person through any medium. (3) The term “consumer” means any natural person obligated or allegedly obligated to pay any debt. (4) The term “creditor” means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. (5) The term “debt” means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment. (6) The term “debt collector” means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of [section 1692f(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1692f/6&num=0&edition=prelim), such term also includes any person

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

15 U.S.C. § 1692a — Definitions

Page 1634 TITLE 15—COMMERCE AND TRADE § 1691f ized by the Board. Former subsec. (e) redesignated (d) and amended. Subsec. (f). Pub. L. 94–239 redesignated subsec. (g) as (f) and inserted provisions which substituted a two year limitation for one year limitation and provisions ex- tending time in which to bring action under enumer- ated conditions. Former subsec. (f) redesignated (e) and amended. Subsecs. (g) to (j). Pub. L. 94–239 added subsecs. (g) to (j). Former subsec. (g) redesignated (f) and amended. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–203 effective on the des- ignated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–239 effective Mar. 23, 1976, see section 708 of Pub. L. 90–321, set out as an Effective Date note under section 1691 of this title. § 1691f. Annual reports to Congress; contents Each year, the Bureau and the Attorney Gen- eral shall, respectively, make reports to the Congress concerning the administration of their functions under this subchapter, including such recommendations as the Bureau and the Attor- ney General, respectively, deem necessary or ap- propriate. In addition, each report of the Bureau shall include its assessment of the extent to which compliance with the requirements of this subchapter is being achieved, and a summary of the enforcement actions taken by each of the agencies assigned administrative enforcement responsibilities under section 1691c of this title. (Pub. L. 90–321, title VII, § 707, as added Pub. L. 94–239, § 7, Mar. 23, 1976, 90 Stat. 255; amended Pub. L. 96–221, title VI, § 610(c),

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

38 U.S.C. § 5314A — Dispute of indebtedness

Page 1069 TITLE 38—VETERANS’ BENEFITS § 5315 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 amend- ments made by title VI [see Tables for classification] shall become effective on October 1, 1980. ‘‘(2) The amendments made by sections 603 [amending sections 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 re- quired to be prescribed under sections 3114 and 3115 [now 5314 and 5315] of title 38, United States Code, as added by subsection (a).’’ § 5314A. Dispute of indebtedness (a) ESTABLISHMENT.—The Secretary shall pre- scribe regulations that establish an administra- tive process for the dispute of the existence or amount of an indebtedness described in section 5314(a)(1) of this title (without regard to whether the Secretary has made a deduction under such section regarding such inde

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