§ 3726. Withholding of payments, benefits, etc.
688 words·~3 min read·
/usc/title-38/section-3726A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)No officer, employee, department, or agency of the United States shall set off against, or otherwise withhold from, any veteran or the surviving spouse of any veteran any payments (other than benefit payments under any law administered by the Department of Veterans Affairs) which such veteran or surviving spouse would otherwise be entitled to receive because of any liability to the Secretary allegedly arising out of any loan made to, assumed by, or guaranteed or insured on account of, such veteran or surviving spouse under this chapter, unless the Secretary provides such veteran or surviving spouse with notice by certified mail with return receipt requested of the authority of the Secretary to waive the payment of indebtedness under section 5302(b) of this title.
(b)If the Secretary does not waive the entire amount of the liability, the Secretary shall then determine whether the veteran or surviving spouse should be released from liability under section 3713(b) of this title.
(c)If the Secretary determines that the veteran or surviving spouse should not be released from liability, the Secretary shall notify the veteran or surviving spouse of that determination and provide a notice of the procedure for appealing that determination, unless the Secretary has previously made such determination and notified the veteran or surviving spouse of the procedure for appealing the determination.
(Added Pub. L. 89–358, § 5(f)(1), Mar. 3, 1966, 80 Stat. 26, § 1826; amended Pub. L. 94–324, § 7(30), June 30, 1976, 90 Stat. 722; Pub. L. 97–66, title V, § 504, Oct. 17, 1981, 95 Stat. 1033; Pub. L. 101–237, title III, § 313(b)(1), (2), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3726, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 105–33, title VIII, § 8033(a), Aug. 5, 1997, 111 Stat. 669.)
Connections5 cite this · traces to 4
Cited by 5 sections
21 references not yet in our index
- Pub. L. 89–358, § 5(f)(1)
- 80 Stat. 26
- Pub. L. 94–324, § 7(30)
- 90 Stat. 722
- Pub. L. 97–66, title V, § 504
- 95 Stat. 1033
- Pub. L. 101–237, title III, § 313(b)(1)
- 103 Stat. 2077
- Pub. L. 102–83, § 5(a)
- 105 Stat. 406
- Pub. L. 105–33, title VIII, § 8033(a)
- 111 Stat. 669
- Pub. L. 105–33
- Pub. L. 102–83
- section 1826 of this title
- Pub. L. 101–237
- Pub. L. 97–66
- Pub. L. 94–324
- Pub. L. 105–33, title VIII, § 8033(c)
- section 701(b)(3) of Pub. L. 97–66
- section 9(a) of Pub. L. 94–324
Citation graph
cites case law
§ 3726
Withholding of payments, benefits, etc.
Fed. Reg.×2
C.F.R.×1
Stat.×1
U.S.C.×1
Pub. L.Pub. L. 89–358, § 5(f)(1)
Stat.80 Stat. 26
Pub. L.Pub. L. 94–324, § 7(30)
Stat.90 Stat. 722
Pub. L.Pub. L. 97–66, title V, § 504
Cites 25 · showing 9Cited by 5 across 4 sources