§ 5315. — Interest and administrative cost charges on delinquent payments of certain amounts due the United States.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC5315]
TITLE 38--VETERANS' BENEFITS
PART IV--GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 53--SPECIAL PROVISIONS RELATING TO BENEFITS
Sec. 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
loan, loan-guaranty, or loan-insurance 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 of interest 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 collecting such amount as the
Secretary determines, under such regulations, to be reasonable and
appropriate.
(Added Pub. L. 96-466, title VI, Sec. 605(a)(1), Oct. 17, 1980, 94 Stat.
2210, Sec. 3115; amended Pub. L. 102-16, Sec. 6(b)(4), Mar. 22, 1991,
105 Stat. 51; renumbered Sec. 5315 and amended Pub. L. 102-40, title IV,
Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102-83,
Secs. 4(a)(1), (b)(1), (2)(E), 5(C)(1), Aug. 6, 1991, 105 Stat. 403-406;
Pub. L. 105-368, title X, Sec. 1005(b)(17), Nov. 11, 1998, 112 Stat.
3365.)
Amendments
1998--Subsec. (b)(1). Pub. L. 105-368 substituted ``October 17,
1980,'' for ``the date of the enactment of this section,''.
1991--Pub. L. 102-40, Sec. 402(b)(1), renumbered section 3115 of
this title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3485(e)''
for ``1685(e)'' in introductory provisions.
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for
``Administrator'' in introductory provisions.
Pub. L. 102-83, Sec. 4(a)(1), substituted ``administered by the
Secretary'' for ``administered by the Veterans' Administration'' in
pars. (1) and (3).
Pub. L. 102-40, Sec. 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, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator'' wherever appearing.
Effective Date
Section effective Oct. 1, 1980, except as otherwise specifically
provided, see section 802(f) of Pub. L. 96-466, set out as a note under
section 5314 of this title.
Section Referred to in Other Sections
This section is referred to in section 3485 of this title.
