Page:United States Statutes at Large Volume 94 Part 2.djvu/932

 94 STAT. 2210

Deductions.

38 USC 3102.

Regulations. 38 USC 3115. 38 USC 3102.

38 USC 601 et ®^9-

PUBLIC LAW 96-466—OCT. 17, 1980

tered by the Veterans' Administration from future payments made to such person under any law administered by the Veterans' Administration. "(b) Deductions may not be made under subsection (a) of this section with respect to the indebtedness of a person described in such subsection unless the Administrator— "(1) has made reasonable efforts to notify such person of such person's right to dispute through prescribed administrative processes the existence or amount of such indebtedness and of such person's right to request a waiver of such indebtedness under section 3102 of this title; "(2) has made a determination with respect to any such dispute or request or has determined that the time required to make such a determination before making deductions would jeopardize the Administrator's ability to recover the full amount of such indebtedness through deductions from such payments; and "(3) has made reasonable efforts to notify such person about the proposed deductions from such payments. "(c) Notwithstanding any other provision of this title or of any other law, the authority of the Administrator to make deductions under this section or to take other administrative action authorized by law for the purpose of collecting an indebtedness described in subsection (a) of this section, or for the purpose of determining the creditworthiness of a person who owes such an indebtedness, shall not be subject to any limitation with respect to the time for bringing civil actions or for commencing administrative proceedings. "(d) The Administrator shall prescribe regulations for the administration of this section. "§3115. 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 section 3102 of this title, interest and administrative costs (as described in subsections (b) and (c) of this section) shall be charged, under regulations which the Administrator 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 Veterans Administration 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 Veterans' Administration 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 Administrator), but interest under this section shall not be charged (A) for any period before the date of the enactment of this section, or (B) if the amount due is paid within a reasonable period of time. The Administrator shall, in the regulations prescribed pursuant to subsection (a) of this section, prescribe what constitutes a reasonable period of time for payment of an

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