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38 U.S.C. § 5316 — Authority to sue to collect certain debts

submitted 46 years ago by Pub. L. 96-466 to r/title-38-VETERANS-BENEFITS · 208 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must authorize Department attorneys to sue in appropriate courts to collect certain debts owed because of participation in a VA benefits program. Administrative collection efforts must have failed first.

(a) (1) The Secretary must take appropriate steps to authorize Department attorneys, subject to paragraphs (2) and (3), to use the United States’ right to sue in a court with jurisdiction to recover a debt owed to the United States because a person participated in a benefits program administered by the Secretary. (2) A suit may not be filed unless the Secretary decides under regulations that the person failed to respond appropriately to reasonable administrative collection efforts. (3) The Attorney General directs and supervises Department attorneys’ lawsuits under this section and may set their terms and conditions. (b) This section does not reduce the Attorney General’s authority under sections 516 and 519 of title 28 to direct and supervise litigation involving the United States or its agency or officer.
the actual law source: uscode.house.gov ↗public domain
(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 competent jurisdiction to recover any indebtedness owed to the United States by a person by virtue of such person’s participation in a benefits program 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 determined, under regulations which the Secretary shall prescribe, that such person has failed to respond appropriately to reasonable administrative efforts to collect such indebtedness.

(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 Attorney 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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-466 · 94 Stat. 2211
  • 1991Amended · Pub. L. 102-40 · 105 Stat. 238
  • 1991Amended · Pub. L. 102-54 · 105 Stat. 285
  • 1991Amended · Pub. L. 102-83 · 105 Stat. 403

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-466 on 1980-10-17.

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