Us Code § 5302B - Prohibition of debt arising from overpayment due to delay in processing
Full text of Us Code United States Code § 5302B — Prohibition of debt arising from overpayment due to delay in processing, with citation guidance and answers to common questions.
§ 5302B. Prohibition of debt arising from overpayment due to delay in processing
(a)
(A) arises from the participation of the individual in a program or benefit administered by the Under Secretary for Benefits; and
(B) is attributable to the failure of an employee or official of the Department to process information provided by or on behalf of that individual within applicable timeliness standards established by the Secretary.
(2) Nothing in this section shall be construed to affect the penal and forfeiture provisions for fiduciaries set forth in chapter 61 of this title.
(b)
(2) Notice under paragraph (1) shall include a detailed explanation of the right of the individual—
(A) to dispute the overpayment, including a detailed explanation of the process by which to dispute the overpayment; or
(B) to request a waiver of indebtedness.
(c)
(2) The Secretary may take action under section 3711 of title 31 regarding an overpayment described in a notice under subsection (b) of this section before the date that is 90 days after the date the Secretary issues such notice if the Secretary determines that delaying such action is—
(A) likely to make repayment of such overpayment more difficult for an individual;
(B) likely to cause an unpaid debt to be referred to the Treasury Offset Program; or
(C) not in the best interest of the individual.
(Added Pub. L. 117–328, div. U, title II, §252(a)(1), Dec. 29, 2022, 136 Stat. 5462.)
Statutory Notes and Related Subsidiaries
Regulations
Pub. L. 117–328, div. U, title II, §252(a)(3), Dec. 29, 2022, 136 Stat. 5463, provided that: "The Secretary of Veterans Affairs shall prescribe regulations to establish standards under section 5302B(a)(2) of such title, as added by subsection (a), not later than 180 days after the date of the enactment of this Act [Dec. 29, 2022]."
About This Section
38 U.S.C. § 5302B is part of Title 38 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
This section may be cited in legal writing as 38 U.S.C. § 5302B. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.
How to Read This Statute
Statutes are organized by title, chapter, section, and subsection. Pay attention to words like "shall," "may," "and," and "or," because they determine whether a requirement is mandatory or permissive and whether multiple conditions must all be met. Historical notes and amendments often appear at the end of a section.
Using This Page
This page is intended for research and educational use. Lawyers, students, journalists, and compliance professionals can use it as a starting point, but should always verify the current text through an official government source before relying on it for legal advice, filings, or compliance decisions.