§ 5316. — Authority to sue to collect certain debts.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC5316]
TITLE 38--VETERANS' BENEFITS
PART IV--GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 53--SPECIAL PROVISIONS RELATING TO BENEFITS
Sec. 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 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.
(Added Pub. L. 96-466, title VI, Sec. 605(a)(1), Oct. 17, 1980, 94 Stat.
2211, Sec. 3116; renumbered Sec. 5316, Pub. L. 102-40, title IV,
Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102-54,
Sec. 14(d)(3), June 13, 1991, 105 Stat. 285; Pub. L. 102-83,
Sec. 4(a)(1), (3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403-
405.)
Amendments
1991--Pub. L. 102-40 renumbered section 3116 of this title as this
section.
Subsec. (a)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator''.
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for
``Veterans' Administration''.
Pub. L. 102-83, Sec. 4(a)(1), substituted ``administered by the
Secretary'' for ``administered by the Veterans' Administration''.
Pub. L. 102-54, Sec. 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, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator'' in two places.
Subsec. (a)(3). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted
``Department'' for ``Veterans' Administration''.
Subsecs. (b), (c). Pub. L. 102-54, Sec. 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 enactment of this section, the Administrator and the Attorney
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.''
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.
