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38 U.S.C. § 5314A — Dispute of indebtedness
Federal law — U.S. Code and appendices · legal_authorities
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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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 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 pre-
scribed by the Secretary under this section.
(d) LIMITATION.—The Secretary may not sub-
mit to any debt collector (as defined in section
803 of the Fair Debt Collection Practices Act (15
U.S.C. 1692a)) any dispute pending under this
section.
(e) RULE
OF CONSTRUCTION.—Nothing in this
section shall be construed to modify the proce-
dures for seeking review of a decision of the
agency of original jurisdiction described in sec-
tion 5104C(a)(1) of this title.
(Added Pub. L. 117–328, div. U, title II, § 255(b)(1),
Dec. 29, 2022, 136 Stat. 5464.)
Statutory Notes and Related Subsidiaries
ADMINISTRATIVE PROCESS
FOR DISPUTE
OF INDEBTED-
NESS AND IMPROVEMENTS TO DEPARTMENT WEBSITE
Pub. L. 117–328, div. U, title II, § 255(b)(2), (3), Dec. 29,
2022, 136 Stat. 5465, provided that:
‘‘(2) EXISTING
ADMINISTRATIVE
PROCESS.—The Sec-
retary of Veterans Affairs shall carry out section 5314A
of such title, as added by paragraph (1), by improving
the administrative process of the Department of Vet-
erans Affairs for the dispute of the existing or amount
of an indebtedness that was in effect on the day before
the date of the enactment of this Act [Dec. 29, 2022].
‘‘(3) IMPROVEMENTS TO DEPARTMENT WEBSITE AND NO-
TICES.—In carrying out paragraph (2), the Secretary
shall—
‘‘(A) improve the website of the Department; and
‘‘(B) ensure that such website and written notices
sent to a person about indebtedness described in sec-
tion 5314(a) of title 38, United States Code, contain all
information a person needs to dispute such an indebt-
edness, including a description of—
‘‘(i) the specific actions the person will need to
take in order to dispute the indebtedness;
‘‘(ii) the documentation that will be required for
the dispute; and
‘‘(iii) how the documentation is to be submitted.’’
§ 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 sec-
tions 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 pre-
scribe, on any amount owed to the United
States—
(1) for an indebtedness resulting from a per-
son’s participation in a benefits program ad-
ministered by the Secretary other than—
(A) a loan, loan-guaranty, or loan-insur-
ance 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 in-
debtedness resulting from a person’s participa-
tion 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 indebted-
ness 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 sec-
tion shall not be charged (A) for any period be-
fore 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, pre-
scribe 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 of inter-
est paid by the United States for its borrowing
and shall be determined by the Secretary under
such regulations.
(c) The administrative costs to be charged
under this section with respect to an amount
owed to the United States shall be so much of
the costs incurred by the United States in col-
lecting such amount as the Secretary deter-
mines, under such regulations, to be reasonable
and appropriate.
(Added Pub. L. 96–466, title VI, § 605(a)(1), Oct. 17,
1980, 94 Stat. 2210, § 3115; amended Pub. L. 102–16,
§ 6(b)(4), Mar. 22, 1991, 105 Stat. 51; renumbered
§ 5315 and amended Pub. L. 102–40, title IV,
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1692a
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Federal law — U.S. Code and appendices · legal_authorities
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),
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1692a
Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 1692a. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5314A
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