Page:United States Statutes at Large Volume 94 Part 2.djvu/933

 PUBLIC LAW 96-466—OCT. 17, 1980

94 STAT. 2211

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 Administrator under such regulations. (c) The administrative costs to be charged under this section with Administrative respect to an amount owed to the United States shall be so much of costs. the costs incurred by the United States in collecting such amount as the Administrator determines, under such regulations, to be reasonable and appropriate. 38 USC 3116. "§3116. Authority to sue to collect certain debts "(a)(1) Within ninety days after the date of the enactment of this section, the Administrator shall take appropriate steps to authorize attorneys employed by the Veterans' Administration 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 Veterans' Administration. "(2) No suit may be filed under this section to recover any indebtedness owed by any person to the United States unless the Administrator has determined, under regulations which the Administrator 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 Veterans' Administration 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) 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. "(c) 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.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new items: "3114. Indebtedness offsets. "3115. Interest and administrative cost charges on delinquent payments of certain amounts due the United States. "3116. Authority to sue to collect certain debts.".

(b) The Administrator of Veterans' Affairs shall, not later than January 1, 1981, prescribe the regulations required to be prescribed under sections 3114 and 3115 of title 38, United States Code, as added by subsection (a). (c)(1) Section 415 is amended by striking out subsection (f) and redesignating subsections (g) and (h) as subsections (f) and (g), respectively. (2) Section 506 is amended by striking out "(a)" at the beginning of subsection (a) and striking out subsection (b). (3) Section 3102 is amended by -

Regulations.

38 USC 3114 note.

38 USC 415 38 USC 506. 38 USC 3102.

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