§ 5302. Waiver of recovery of claims by the United States

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1958

   Pub. L. 85–857 · 72 Stat. 1105

   Enacted · 38 U.S.C. § 5302

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1230, § 3102

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1230, § 3102

2. 1972

   Veterans’ Compensation and Relief Act of 1972

   Pub. L. 92–328 title II § 202(a) · 86 Stat. 393

   1. Substituted · 38 U.S.C. § 5302

      Pub. L. 92–328 substituted “claims by the United States” for “overpayments” in section catchline

   2. Struck · 38 U.S.C. § 5302

      Pub. L. 92–328 struck out “(except servicemen’s indemnity)” after “any benefits” in subsec. (a)

   3. Struck · 38 U.S.C. § 5302

      Pub. L. 92–328 struck out provisions relating to recovery of benefits from any person without fault on his part

   4. Inserted · 38 U.S.C. § 5302

      Pub. L. 92–328 inserted provisions relating to an application for relief made within two years from the date of notification of the indebtedness by the Administrator to the payee

   5. Added · 38 U.S.C. § 5302

      Pub. L. 92–328 added subsecs. (b) and (c)

   6. Redesignated · 38 U.S.C. § 5302

      Pub. L. 92–328 redesignated former subsec. (b) as (d)

   7. Inserted · 38 U.S.C. § 5302

      Pub. L. 92–328 inserted reference to subsec. (b)

   8. Redesignated · 38 U.S.C. § 5302

      Pub. L. 92–328 redesignated former subsec. (c) as (e)

   Source evidence

   Code amendment note
   Pub. L. 92–328 substituted “claims by the United States” for “overpayments” in section catchline, struck out “(except servicemen’s indemnity)” after “any benefits” in subsec. (a), struck out provisions relating to recovery of benefits from any person without fault on his part, and inserted provisions relating to an application for relief made within two years from the date of notification of the indebtedness by the Administrator to the payee, added subsecs. (b) and (c), redesignated former subsec. (b) as (d), and inserted reference to subsec. (b), and redesignated former subsec. (c) as (e).

   Enacted provision · exact public law section
   (a) Section 3102 of title 38, United States Code, is amended to read as follows: “§ 3102. Waiver of recovery of claims by the United States “(a) There shall be no recovery of payments or overpayments of any benefits under any of the laws administered by the Veterans’ Administration whenever the Administrator determines that recovery would be against equity and good conscience, if an application for relief is made within two years from the date of notification of the indebtedness by the Administrator to the payee. “(b) With respect to any loan guaranteed, insured, or made under chapter 37 of this title, the Administrator may waive payment of an indebtedness to the Veterans’ Administration by the veteran (as defined 72 Stat. 1106. 84 Stat. 1576. in sections 101 and 1801), or his spouse, following default and loss of the property where the Administrator determines that collection of such indebtedness would be against equity and good conscience. “(c) The Administrator may not exercise his authority under subsection (a) or (b) of this section to waive recovery of any payment or the collection of any indebtedness if, in his opinion, there exists in connection with the claim for such waiver an indication of fraud, misrepresentation, material fault, or lack of good faith on the part of the person or persons having an interest in obtaining a waiver of such recovery or the collection of such indebtedness. “(d) No certifying or disbursing officer shall be liable for any amount paid to any person where the recovery of such amount is waived under subsection (a) or (b). “(e) Where the recovery of a payment or overpayment made from the National Service Life Insurance Fund or United States Government Life Insurance Fund is waived under this section, the fund from which the payment was made shall be reimbursed from the National Service Life Insurance, appropriation or the military and naval insurance appropriation, as applicable.”

3. 1980

   Veterans’ Rehabilitation and Education Amendments of 1980

   Pub. L. 96–466 § 605(c)(3)(A) · 94 Stat. 2171

   Inserted · 38 U.S.C. § 5302(a)

   Pub. L. 96–466, § 605(c)(3)(A), inserted “(or any interest thereon)” after “overpayments”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 96–466, § 605(c)(3)(A), inserted “(or any interest thereon)” after “overpayments”.

   Enacted provision · exact public law section
   (A) inserting “(or any interest thereon)” after “overpayments” in subsection (a); and

4. 1980

   Veterans’ Rehabilitation and Education Amendments of 1980

   Pub. L. 96–466 § 605(c)(3)(B) · 94 Stat. 2171

   Inserted · 38 U.S.C. § 5302(c)

   Pub. L. 96–466, § 605(c)(3)(B), inserted “(or any interest thereon)” after “indebtedness” in two places

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 96–466, § 605(c)(3)(B), inserted “(or any interest thereon)” after “indebtedness” in two places.

   Enacted provision · exact public law section
   (B) inserting “(or any interest thereon)” after “indebtedness” both places it appears in subsection (c).

5. 1982

   Veterans’ Compensation, Education, and Employment Amendments of 1982

   Pub. L. 97–306 title IV § 407(a) · 96 Stat. 1429

   1. Substituted · 38 U.S.C. § 5302(a)

      Pub. L. 97–306 substituted “180 days” for “two years”

   2. Inserted · 38 U.S.C. § 5302(a)

      Pub. L. 97–306 inserted condition relating to such longer period as the Administrator determines is reasonable in cases demonstrated to involve actual failure of notification to payee

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–306 substituted “180 days” for “two years”, and inserted condition relating to such longer period as the Administrator determines is reasonable in cases demonstrated to involve actual failure of notification to payee.

   Enacted provision · exact public law section
   (a) Section 3102(a) is amended— 38 USC 3102. (1) by striking out “two years” and inserting in lieu thereof “180 days”; and (2) by inserting a comma and “or within such longer period as the Administrator determines is reasonable in a case in which the payee demonstrates to the satisfaction of the Administrator that such notification was not actually received by such payee within a reasonable period after such date” after “payee”.

6. 1986

   Pub. L. 99–576 § 701(69)(A) · 100 Stat. 3248

   Substituted · 38 U.S.C. § 5302(b)

   Pub. L. 99–576, § 701(69)(A), substituted “the veteran’s” for “his” before “spouse”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 99–576, § 701(69)(A), substituted “the veteran’s” for “his” before “spouse”.

   Enacted provision · exact public law section
   (A) by striking out “his” in subsection (b) and inserting in lieu thereof “the veteran’s”; and

7. 1986

   Pub. L. 99–576 § 701(69)(B) · 100 Stat. 3248

   Substituted · 38 U.S.C. § 5302(c)

   Pub. L. 99–576, § 701(69)(B), substituted “the Administrator’s” for “his” in two places

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 99–576, § 701(69)(B), substituted “the Administrator’s” for “his” in two places.

   Enacted provision · exact public law section
   (B) by striking out “his” both places it appears in subsection (c) and inserting in lieu thereof “the Administrator’s”.

8. 1989

   Veterans Home Loan Indemnity and Restructuring Act of 1989

   Pub. L. 101–237 § 311(1) · 103 Stat. 2062

   Substituted · 38 U.S.C. § 5302(b)

   Pub. L. 101–237, § 311(1), substituted “shall, except as provided in subsection (c) of this section,” for “may”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 101–237, § 311(1), substituted “shall, except as provided in subsection (c) of this section,” for “may”.

   Enacted provision · exact public law section
   (1) in subsection (b), by striking out “may” and inserting in lieu thereof “shall, except as provided in subsection (c) of this section,”; and

9. 1989

   Veterans Home Loan Indemnity and Restructuring Act of 1989

   Pub. L. 101–237 § 311(2) · 103 Stat. 2062

   1. Substituted · 38 U.S.C. § 5302(c)

      Pub. L. 101–237, § 311(2), substituted “The recovery of any payment or the collection of any indebtedness (or any interest thereon) may not be waived under this section” for “The Administrator may not exercise the Administrator’s authority under subsection (a) or (b) of this section to waive recovery of any payment or the collection of any indebtedness (or any interest thereon)”

   2. Substituted · 38 U.S.C. § 5302(c)

      Pub. L. 101–237, § 311(2), substituted “or bad faith” for “, material fault, or lack of good faith”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 101–237, § 311(2), substituted “The recovery of any payment or the collection of any indebtedness (or any interest thereon) may not be waived under this section” for “The Administrator may not exercise the Administrator’s authority under subsection (a) or (b) of this section to waive recovery of any payment or the collection of any indebtedness (or any interest thereon)” and substituted “or bad faith” for “, material fault, or lack of good faith”.

   Enacted provision · exact public law section
   (2) in subsection (c)— (A) by striking out “The” and all that follows through “thereon)” and inserting in lieu thereof “The recovery of any payment or the collection of any indebtedness (or any interest thereon) may not be waived under this section”; and (B) by striking out “, material fault, or lack of good faith” and inserting in lieu thereof “or bad faith”.

10. 1991

    Department of Veterans Affairs Health-Care Personnel Act of 1991

    Pub. L. 102–40 title IV § 402(b)(1) · 105 Stat. 187

    Changed · 38 U.S.C. § 5302

    Pub. L. 102–40 renumbered section 3102 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–40 renumbered section 3102 of this title as this section.

    Enacted provision · exact public law section
    (1) Each section contained in any of chapters 51, 53, 55, 57, 59, 61, 71, 72, 76, 78 (as redesignated by subsection (a)), 81, 83, and 85 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

11. 1991

    Pub. L. 102–54 § 5(1) · 105 Stat. 267

    1. Amended · 38 U.S.C. § 5302(a)

       Pub. L. 102–54, § 5(1), as amended by Pub. L. 102–547

    2. Inserted · 38 U.S.C. § 5302(a)

       Pub. L. 102–54, § 5(1), as inserted at end “The Secretary shall include in the notification to the payee a statement of the right of the payee to submit an application for a waiver under this subsection and a description of the procedures for submitting the application.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–54, § 5(1), as amended by Pub. L. 102–547, inserted at end “The Secretary shall include in the notification to the payee a statement of the right of the payee to submit an application for a waiver under this subsection and a description of the procedures for submitting the application.”

    Enacted provision · exact public law section
    (1) in subsection (a), by adding at the end the following new sentence: “The Secretary shall include in the notification to the payee a statement of the right of the payee to submit an application for a waiver under this subsection and a description of the procedures for submitting the application.”; and

12. 1991

    Pub. L. 102–54 § 5(2) · 105 Stat. 267

    1. Amended · 38 U.S.C. § 5302(b)

       Pub. L. 102–54, § 5(2), as amended by Pub. L. 102–547

    2. Substituted · 38 U.S.C. § 5302(b)

       Pub. L. 102–54, § 5(2), as substituted “101, 1801, and 1802(a)(2)(C)(ii) of this title” for “101 and 1801”

    3. Inserted · 38 U.S.C. § 5302(b)

       Pub. L. 102–54, § 5(2), as inserted at end “An application for relief under this subsection must be made within one year after the date on which the veteran receives notice by certified mail from the Secretary of the indebtedness. The Secretary shall include in the notification a statement of the right of the veteran to submit an application for a waiver under this subsection and a description of the procedures for submitting the application.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–54, § 5(2), as amended by Pub. L. 102–547, substituted “101, 1801, and 1802(a)(2)(C)(ii) of this title” for “101 and 1801” and inserted at end “An application for relief under this subsection must be made within one year after the date on which the veteran receives notice by certified mail from the Secretary of the indebtedness. The Secretary shall include in the notification a statement of the right of the veteran to submit an application for a waiver under this subsection and a description of the procedures for submitting the application.”

    Enacted provision · exact public law section
    (2) in subsection (b)— (A) by striking out “101 and 1801” and inserting in lieu thereof, “101, 1801, and 1802(a)(2)(C)(ii) of this title”; and (B) by adding at the end the following: “An application for relief under this subsection must be made within one year after the date on which the veteran receives notice by certified mail from the Secretary of the indebtedness. The Secretary shall include in the notification a statement of the right of the veteran to submit an application for a waiver under this subsection and a description of the procedures for submitting the application.”.

13. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5302(a)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in four places

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in four places.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

14. 1991

    Pub. L. 102–83 § 4(a)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5302(a)

    Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

    Enacted provision · exact public law section
    (1) Title 38 is amended by striking out “administered by the Veterans’ Administration” each place it appears and inserting in lieu thereof “administered by the Secretary”.

15. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5302(b)

    Pub. L. 102–83, § 5(c)(1), substituted “3701” and “3702(a)(2)(C)(ii)” for “1801” and “1802(a)(2)(C)(ii)”, respectively

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “3701” and “3702(a)(2)(C)(ii)” for “1801” and “1802(a)(2)(C)(ii)”, respectively.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

16. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5302(b)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places in first sentence

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places in first sentence.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

17. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5302(b)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

18. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5302(c)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary’s” for “Administrator’s”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary’s” for “Administrator’s”.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

19. 1992

    Veterans Home Loan Program Amendments of 1992

    Pub. L. 102–547 § 12 · 106 Stat. 3633

    Changed · 38 U.S.C. § 5302(a); 38 U.S.C. § 5302(b)

    Pub. L. 102–547 made technical correction to directory language of Pub. L. 102–54, § 5. See 1991 Amendment note below

    Source evidence

    Code amendment note
    Subsecs. (a), (b). Pub. L. 102–547 made technical correction to directory language of Pub. L. 102–54, § 5. See 1991 Amendment note below.

    Enacted provision · exact public law section
    SEC. 12. TECHNICAL AMENDMENT. Section 5 of Public Law 102–54 (105 Stat. 268) is amended 38 USC 5302. by striking out “3102” and inserting in lieu thereof “5302”.

20. 1997

    Balanced Budget Act of 1997

    Pub. L. 105–33 title VIII § 8033(b) · 111 Stat. 251

    Inserted · 38 U.S.C. § 5302(b)

    Pub. L. 105–33 inserted “with return receipt requested” after “certified mail”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 105–33 inserted “with return receipt requested” after “certified mail”.

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Section 5302(b) of such title is amended by inserting “with return receipt requested” after “certified mail”.

21. 2022

    Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2023

    Pub. L. 117–328 § 255(c) · 136 Stat. 4459

    1. Amended · 38 U.S.C. § 5302(a)

       Pub. L. 117–328, § 255(c), designated existing provisions as par. (1)

    2. Added · 38 U.S.C. § 5302(a)

       Pub. L. 117–328, § 255(c), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 117–328, § 255(c), designated existing provisions as par. (1) and added par. (2).

    Enacted provision · exact public law section
    Sec. 255. Of the unobligated balances available to the Department of Veterans Affairs from prior appropriations Acts, the following funds are hereby rescinded from the following accounts in the amounts specified:   “Asset and Infrastructure Review”, $5,000,000;  “Departmental Administration—Veterans Electronic Health Record”, $150,000,000; and  “Departmental Administration—Construction, Major Projects”, $76,000,000: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.

    Effective date note
    Pub. L. 117–328, div. U, title II, § 254(b), Dec. 29, 2022, 136 Stat. 5464, provided that: “Subsection (a) [amending this section] shall take effect on the date that is two years after the date of the enactment of this Act [Dec. 29, 2022].”

22. 2022

    Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2023

    Pub. L. 117–328 § 254(a) · 136 Stat. 4459

    Substituted · 38 U.S.C. § 5302(a)(1)

    Pub. L. 117–328, § 254(a), substituted “one year” for “180 days”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 117–328, § 254(a), substituted “one year” for “180 days”.

    Enacted provision · exact public law section
    Sec. 254. Any amounts transferred to the Secretary and administered by a corporation referred to in section 7364(b) of title 38, United States Code, between October 1, 2017 and September 30, 2018 for purposes of carrying out an order placed with the Department of Veterans Affairs pursuant to section 1535 of title 31, United States Code, that are available for obligation pursuant to section 7364(b)(1) of title 38, United States Code, are to remain available for the liquidation of valid obligations incurred by such corporation during the period of performance of such order, provided that the Secretary of Veterans Affairs determines that such amounts need to remain available for such liquidation.

    Effective date note
    Pub. L. 117–328, div. U, title II, § 254(b), Dec. 29, 2022, 136 Stat. 5464, provided that: “Subsection (a) [amending this section] shall take effect on the date that is two years after the date of the enactment of this Act [Dec. 29, 2022].”

34 of 35 references resolved to an enrolled provision · 1 partial