38 U.S. Code § 5314A - Dispute of indebtedness

(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.

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

Statutory Notes and Related Subsidiaries

Administrative Process for Dispute of Indebtedness and Improvements to Department Website

Pub. L. 117–328, div. U, title II, § 255(b)(2), (3), Dec. 29, 2022, 136 Stat. 5465, provided that:

“(2) Existing administrative process.—

The Secretary of Veterans Affairs shall carry out section 5314A of such title, as added by paragraph (1), by improving the administrative process of the Department of Veterans Affairs for the dispute of the existing or amount of an indebtedness that was in effect on the day before the date of the enactment of this Act [Dec. 29, 2022].

“(3) Improvements to department website and notices.—

In carrying out paragraph (2), the Secretary shall—

“(A) improve the website of the Department; and

“(B) ensure that such website and written notices sent to a person about indebtedness described in section 5314(a) of title 38, United States Code, contain all information a person needs to dispute such an indebtedness, including a description of—

“(i) the specific actions the person will need to take in order to dispute the indebtedness;

“(ii) the documentation that will be required for the dispute; and

“(iii) how the documentation is to be submitted.”