Page:United States Statutes at Large Volume 86.djvu/438

 396 72 Stat. 1123.

Repeal.

PUBLIC LAW 92-328-JUNE 30, 1972

[86 STAT.

gj,c. 108. (a) SectioH 334 of title 38, United States Code, is amended by striking out "equal" and all that follows down through the end thereof and inserting in lieu thereof "that specified in section 314 of this title." (b) Section 335 of such title is amended by striking out "equal" and all that follows down through the end thereof and inserting in lieu thereof "as provided in section 315 of this title." (c) Section 336 of such title is hereby repealed. (d) The table of sections at the beginning of subchapter IV of chapter 11 of title 38, United States Code, is amended by striking out the following: "336. Conditions under which wartime rates are payable." TITLE II — R E L I E F FROM ADMINISTRATIVE ERROR, OVERPAYMENTS, AND FOR F E I T U R E

80 Stat. 1376.

SEC. 201. Section 210(c) of title 38, United States Code, is amended by adding an additional subsection (3), reading as follows: "(3)(A) If the Administrator determines that any veteran, widow, child of a veteran, or other person, has suffered loss as a consequence of reliance upon a determination by the Veterans' Administration of eligibility or entitlement to benefits, without knowledge that it was erroneously made, he is authorized to provide such relief on account of such error as he determines equitable, including the payment of moneys to any person whom he determines equitably entitled thereto. Report to Con" (B) The Administrator shall submit an annual report to the Congress gress on January 1, 1973, and each succeeding year containing a brief summary, including a statement as to the disposition of each case recommended to him for equitable relief under this paragraph." 72 Stat. 1230. Q^^ £02. (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 v 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 38 USC 1801. chapter 37 of this title, the Administrator may waive payment of an indebtedness to the Veterans' Administration by the veteran (as 72 Stat. 1106. defined in sections 101 and 1801), or his spouse, following default and 84 C4>nA ^ etc QA Stat. 1576.

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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 oroverpayment made from the National Service Life Insurance F u n d 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

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