Pub. L. 92-328, tit. II, sec. 202

Sec. 202. (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 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 86 Stat. 397Service Life Insurance, appropriation or the military and naval insurance appropriation, as applicable.” (b) The waiver authority provided by section 3102(a) of title 38, United States Code, as amended by subsection (a) of this section shall apply to improper payments, overpayments, and indebtedness established by the Administrator prior to the effective date of this Act if application for relief was pending on the date of enactment of this Act, or such an application is made within two years from the date of enactment of this Act.