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

submitted 4 years ago by Pub. L. 117-328 to r/title-38-VETERANS-BENEFITS · 159 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires the Secretary to create an administrative process for disputing the existence or amount of an “indebtedness” described in section 5314(a)(1). The process must be efficient, effective, and equitable, follow the Secretary’s timeliness standards, and keep pending disputes away from debt collectors.

(a) Establishment.—The Secretary must issue regulations establishing an administrative process for disputing the existence or amount of an “indebtedness” described in section 5314(a)(1). This applies whether or not the Secretary has already made a deduction for that “indebtedness” under section 5314. (b) Standards.—The process must be efficient, effective, and equitable. (c) Timeliness.—The Secretary must make sure that each dispute proceeds according to timeliness standards that the Secretary prescribes under this section. (d) Limitation.—The Secretary may not submit any dispute that is pending under this section to a “debt collector.” This section does not define “debt collector”; it refers to the definition in section 803 of the Fair Debt Collection Practices Act (15 U.S.C. 1692a). (e) Rule of Construction.—Nothing in this section changes the procedures for seeking review of a decision by the agency of original jurisdiction described in section 5104C(a)(1). This section does not define “indebtedness” or “agency of original jurisdiction.”

the actual law source: uscode.house.gov ↗public domain
(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 (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)) 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.

Source credit: (Added Pub. L. 117–328, div. U, title II, § 255(b)(1), Dec. 29, 2022, 136 Stat. 5464.)

history & why it existsrecord from the source credit
  • 2022Enacted · Pub. L. 117-328 · 136 Stat. 5464

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-328 on 2022-12-29.

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