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 that occurs on or after the date of the enactment of this Act [Dec. 29, 2022].’’ EFFECTIVE DATE Section effective Oct. 1, 1980, except as otherwise spe- cifically provided, see section 802(f) of Pub. L. 96–466, set out as a note under section 5314 of this title. § 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 com- petent jurisdiction to recover any indebtedness owed to the United States by a person by virtue of such person’s participation in a benefits pro- gram 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 de- termined, under regulations which the Sec- retary shall prescribe, that such person has failed to respond appropriately to reasonable ad- ministrative efforts to collect such indebted- ness. (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 Attor- ney 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. (Added Pub. L. 96–466, title VI, § 605(a)(1), Oct. 17, 1980, 94 Stat. 2211, § 3116; renumbered § 5316, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102–54, § 14(d)(3), June 13, 1991, 105 Stat. 285; Pub. L. 102–83, § 4(a)(1), (3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–40 renumbered section 3116 of this title as this section. Subsec. (a)(1). Pub. L. 102–83, § 4(b)(1), (2)(E), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’. Pub. L. 102–83, § 4(a)(1), substituted ‘‘administered by the Secretary’’ for ‘‘administered by the Veterans’ Ad- ministration’’. Pub. L. 102–54, § 14(d)(3)(A), amended subsec. (a)(1) as in effect immediately before the enactment of Pub. L. 102–40 by substituting ‘‘The’’ for ‘‘Within ninety days after the date of the enactment of this section, the’’. Subsec. (a)(2). Pub. L. 102–83, § 4(b)(1), (2)(E), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ in two places. Subsec. (a)(3). Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’. Subsecs. (b), (c). Pub. L. 102–54, § 14(d)(3)(B), amended section as in effect immediately before the enactment of Pub. L. 102–40 by redesignating subsec. (c) as (b) and striking out former subsec. (b) which read as follows: ‘‘Not later than ninety days after the date of the enact- ment of this section, the Administrator and the Attor- ney General of the United States shall submit to the appropriate committees of the Congress a joint report that describes and explains the actions taken by the Administrator and the Attorney General to implement subsection (a) of this section.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1980, except as otherwise spe- cifically provided, see section 802(f) of Pub. L. 96–466, set out as a note under section 5314 of this title. § 5317. Use of income information from other agencies: notice and verification (a) The Secretary shall notify each applicant for a benefit or service described in subsection (c) of this section that income information fur- nished by the applicant to the Secretary may be compared with information obtained by the Sec- retary from the Commissioner of Social Secu- rity or the Secretary of the Treasury under sec- tion 6103(l)(7)(D)(viii) of the Internal Revenue Code of 1986. The Secretary shall periodically transmit to recipients of such benefits and serv- ices additional notifications of such matters. (b) The Secretary may not, by reason of infor- mation obtained from the Commissioner of So- cial Security or the Secretary of the Treasury under section 6103(l)(7)(D)(viii) of the Internal Revenue Code of 1986, terminate, deny, suspend, or reduce any benefit or service described in sub- section (c) of this section until the Secretary takes appropriate steps to verify independently information relating to the following: