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38 U.S.C. § 5315 — Interest and administrative cost charges on delinquent payments of certain amounts due the United States

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

38 U.S.C. § 5315 — Interest and administrative cost charges on delinquent payments of certain amounts due the United States

**(a)** Notwithstanding any other provision of this title or of any other law and subject to sections 3485(e) and 5302 of this title, interest and administrative costs (as described in subsections (b) and (c) of this section) shall be charged, under regulations which the Secretary shall prescribe, on any amount owed to the United States— (1) for an indebtedness resulting from a person’s participation in a benefits program administered by the Secretary other than— (A) a loan, loan-guaranty, or loan-insurance program; (B) a disability compensation program; (C) a pension program; or (D) an educational assistance program. (2) for an indebtedness resulting from the provision of care or services under chapter 17 of this title; or (3) to the extent not precluded by the terms of the loan instruments concerned, for an indebtedness resulting from a person’s participation in a program of loans, loan guaranties, or loan insurance administered by the Secretary under this title. **(b)** (1) Interest on the amount of any indebtedness described in subsection (a) of this section shall accrue from the day on which the initial notification of the amount due is mailed to the person who owes such amount (using the most current address of such person that is available to the Secretary), but interest under this section shall not be charged (A) for any period before October 17, 1980, or (B) if the amount due is paid within a reasonable period of time. The Secretary shall, in the regulations prescribed pursuant to subsection (a) of this section, prescribe what constitutes a reasonable period of time for payment of an indebtedness after the initial notification of indebtedness has been mailed. (2) The rate of interest to be charged under this section shall be based on the rate

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Source location: Title 38, Chapter 53, § 5315; 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. § 3115 — Rehabilitation resources

**(a)** Notwithstanding any other provision of law, for the purpose of providing services under this chapter, the Secretary may— (1) use the facilities of any Federal agency (including the Department of Veterans Affairs), of any State or local government agency receiving Federal financial assistance, or of any federally recognized Indian tribe, to provide training or work experience as part or all of a veteran’s vocational rehabilitation program without pay or for nominal pay in any case in which the Secretary determines that such training or work experience is necessary to accomplish such veteran’s rehabilitation; (2) use the facilities, staff, and other resources of the Department of Veterans Affairs; (3) employ such additional personnel and experts as the Secretary considers necessary; and (4) use the facilities and services of any Federal, State, or other public agency, any agency maintained by joint Federal and State contributions, any federally recognized Indian tribe, any public or private institution or establishment, and any private individual. **(b)** (1) While pursuing on-job training or work experience under subsection (a)(1) of this section at a Federal agency, a veteran shall be considered to be an employee of the United States for the purposes of the benefits of chapter 81 of title 5, but not for the purposes of laws administered by the Office of Personnel Management. (2) Except as provided in chapter 17 of this title, hospital care and medical services provided under this chapter shall be furnished in facilities over which the Secretary has direct jurisdiction. (3) Use of the facilities of a State or local government agency under subsection (a)(1) of this section or use of facilities and services under subsection (a)(4) of this section, shall be

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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. § 2102 — Limitations on assistance furnished

**(a)** The assistance authorized by [section 2101(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2101/a&num=0&edition=prelim) shall be afforded under one of the following plans, at the option of the individual— (1) where the individual elects to construct a housing unit on land to be acquired by such individual, the Secretary shall pay not to exceed 50 percent of the total cost to the individual of (A) the housing unit and (B) the necessary land upon which it is to be situated; (2) where the individual elects to construct a housing unit on land acquired by such individual prior to application for assistance under this chapter, the Secretary shall pay not to exceed the smaller of the following sums: (A) 50 percent of the total cost to the individual of the housing unit and the land necessary for such housing unit, or (B) 50 percent of the cost to the individual of the housing unit plus the full amount of the unpaid balance, if any, of the cost to the individual of the land necessary for such housing unit; (3) where the individual elects to remodel a dwelling which is not adapted to the requirements of such individual’s disability, acquired by such individual prior to application for assistance under this chapter, the Secretary shall pay not to exceed (A) the cost to the individual of such remodeling; or (B) 50 percent of the cost to the individual of such remodeling; plus the smaller of the following sums: (i) 50 percent of the cost to the individual of such dwelling and the necessary land upon which it is situated, or (ii) the full amount of the unpaid balance, if any, of the cost to the individual of such dwelling and the necessary land upon which it is situated; and (4) where the individual has acquired a suitable ho

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

38 U.S.C. § 3485 — Work-study allowance

**(a)** (1) In accordance with paragraph (4), individuals utilized under the authority of subsection (b) shall be paid an additional educational assistance allowance (hereinafter in this section referred to as “work-study allowance”). Such allowance shall be paid in return for an individual’s entering into an agreement described in paragraph (3). (2) Such work-study allowance shall be paid in an amount equal to the product of— (A) the applicable hourly minimum wage; and (B) the number of hours worked during the applicable period. (3) An agreement described in this paragraph is an agreement of an individual to perform services, during or between periods of enrollment, aggregating not more than a number of hours equal to 25 times the number of weeks in the semester or other applicable enrollment period, required in connection with a qualifying work-study activity. (4) (A) With respect to covered work-study activities, the Secretary shall carry out this section by providing to participating educational institutions an annual amount for the institution to use in paying work-study allowance under paragraph (1) to individuals enrolled at the institution. (B) With respect to a participating educational institution that participated in the work-study program under this section during the academic year beginning August 1, 2018, the Secretary shall determine the annual amount to provide to the educational institution under subparagraph (A) as follows: (i) For the academic year beginning August 1, 2020, the amount shall be the total amount, determined in consultation with the educational institution, that the Secretary paid under this section for covered work-study activities to individuals enrolled at such educational institution during the academic year begi

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

38 U.S.C. § 3737 — Partial Claim Program

**(a) Establishment.—** The Secretary shall carry out a program, to be known as the “Partial Claim Program”, under which the Secretary may make a partial claim, described in subsection (b), with respect to a loan— (1) guaranteed under this chapter; (2) regarding the primary residence of the borrower; and (3) that the Secretary determines is in default or at imminent risk of default. **(b) Partial Claim Described.—** A partial claim described in this subsection, with respect to a loan described in subsection (a), is the purchase by the Secretary of a portion of indebtedness under the loan, through a transaction under which the Secretary— (1) pays to the holder of the loan the amount of indebtedness, subject to subsection (c), that the Secretary determines necessary to help prevent or resolve a default; and (2) receives a secured interest in the property that serves as collateral for the guaranteed loan, which is subordinate to the amount of indebtedness under the guaranteed loan that the Secretary does not purchase. **(c) Administration of Partial Claim.—** (1) (A) Subject to subparagraph (B), the amount of a partial claim under this section with respect to a loan guaranteed described in subsection (a) may not exceed 25 percent of the unpaid principal balance of the loan on the date on which the partial claim is made. (B) In the case of an individual who failed to make a payment on a loan guaranteed under this chapter during the period beginning on March 1, 2020 and ending on May 1, 2025, the amount of a partial claim under this section may not exceed 30 percent of the unpaid principal balance of the guaranteed loan as of the date that the initial partial claim is made. (2) (A) Subject to subparagraph (B), the Secretary may make only one partial claim p

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

38 U.S.C. § 5315 — Interest and administrative cost charges

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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