1997—Subsec. (b). Pub. L. 105–33 inserted “with return receipt requested” after “certified mail”.

1992—Subsecs. (a), (b). Pub. L. 102–547 made technical correction to directory language of Pub. L. 102–54, § 5. See 1991 Amendment note below.

1991—Pub. L. 102–40 renumbered section 3102 of this title as this section.

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

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

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.”

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.

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

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

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.”

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

1989—Subsec. (b). Pub. L. 101–237, § 311(1), substituted “shall, except as provided in subsection (c) of this section,” for “may”.

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”.

1986—Subsec. (b). Pub. L. 99–576, § 701(69)(A), substituted “the veteran’s” for “his” before “spouse”.

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

1982—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.

1980—Subsec. (a). Pub. L. 96–466, § 605(c)(3)(A), inserted “(or any interest thereon)” after “overpayments”.

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

1972—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).

Amendment by Pub. L. 105–33 applicable with respect to any indebtedness to the United States arising pursuant to chapter 37 of this title before, on, or after Aug. 5, 1997, see section 8033(c) of Pub. L. 105–33, set out as a note under section 3726 of this title.

Section 407(b) of Pub. L. 97–306 provided that: “The amendments made by subsection (a) [amending this section] shall apply only with respect to notifications of indebtedness that are made by the Administrator of Veterans’ Affairs after March 31, 1983.”

Amendment by Pub. L. 96–466 effective Oct. 1, 1980, except as otherwise specifically provided, see section 802(f) of Pub. L. 96–466, set out as an Effective Date note under section 5314 of this title.

Amendment by Pub. L. 92–328 effective June 30, 1972, see section 301(c) of Pub. L. 92–328, set out as a note under section 3713 of this title.

Section 202(b) of Pub. L. 92–328 provided that the waiver authority under subsec. (a) of this section is applicable to improper payments, overpayments, and indebtedness established by the Administrator prior to the effective date of Pub. L. 92–328 if application for relief was pending on June 30, 1972, or such an application was made within two years from June 30, 1972.

For effective date of Pub. L. 92–328, see Effective Date of 1972 Amendment notes set out under sections 1114, 1134, and 3713 of this title.