38 U.S.C. § 5315

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 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) a loan, loan-guaranty, or loan-insurance 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 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.

38 U.S.C. § 5315

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, §402(b)(1), (d) (1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102-83, §§4(a)(1), (b) (1), (2)(E), 5(C)(1), Aug. 6, 1991, 105 Stat. 403-406; Pub. L. 105-368, title X, §1005(b)(17), Nov. 11, 1998, 112 Stat. 3365; Pub. L. 117-328, div. U, title II, §253(a), Dec. 29, 2022, 136 Stat. 5464.

EDITORIAL NOTES

AMENDMENTS2022-Subsec. (a)(1). Pub. L. 117-328 designated existing provisions as introductory provisions, substituted "other than-" for "other than a loan, loan-guaranty, or loan-insurance program;", and added subpars. (A) to (D). 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, §402(b)(1), renumbered section 3115 of this title as this section. Subsec. (a). Pub. L. 102-83, §5(c)(1), substituted "3485(e)" for "1685(e)" in introductory provisions. Pub. L. 102-83, §4(b)(1), (2) (E), substituted "Secretary" for "Administrator" in introductory provisions. Pub. L. 102-83, §4(a)(1), substituted "administered by the Secretary" for "administered by the Veterans' Administration" in pars. (1) and (3). Pub. L. 102-40, §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, §4(b)(1), (2) (E), substituted "Secretary" for "Administrator" wherever appearing.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2022 AMENDMENT Pub. L. 117-328, div. U, title II, §253(b), Dec. 29, 2022, 136 Stat. 5464, provided that: "The amendments made by subsection (a) [amending this section] shall apply with respect to an indebtedness that occurs on or after the date of the enactment of this Act [Dec. 29, 2022]."

EFFECTIVE DATESection 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.