§3726. Withholding of payments, benefits, etc.

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 (1) there is first received the consent in writing of such veteran or surviving spouse, as the case may be, or (2) such liability and the amount thereof was determined by a court of competent jurisdiction in a proceeding to which such veteran or surviving spouse was a party.

(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 .)

Amendments

1991-Pub. L. 102–83 renumbered section 1826 of this title as this section.

1989-Pub. L. 101–237 substituted "Secretary" and "Department of Veterans Affairs" for "Administrator" and "Veterans' Administration", respectively.

1981-Pub. L. 97–66 struck out subsec. (a) which provided that the Administrator could not, unless the Administrator had first obtained the consent in writing of an individual, set off against, or otherwise withhold from, such individual any benefits payable to such individual under any law administered by the Veterans' Administration because of liability allegedly arising out of any loan made to, assumed by, or guaranteed or insured on account of, such individual under this chapter, and struck out designation "(b)" before "No officer, employee, department, or agency of the United States".

1976-Subsec. (a). Pub. L. 94–324 substituted "the Administrator" for "he".

Subsec. (b). Pub. L. 94–324 substituted "surviving spouse" for "widow" wherever appearing.

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–66 effective Oct. 17, 1980, see section 701(b)(3) of Pub. L. 97–66, set out as a note under section 1114 of this title.

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–324 effective June 30, 1976, see section 9(a) of Pub. L. 94–324, set out as a note under section 3701 of this title.