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38 U.S.C. § 5302 — Waiver of recovery of claims by the United States
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) There shall be no recovery of payments or overpayments (or any interest thereon) of any benefits under any of the laws administered by the Secretary whenever the Secretary determines that recovery would be against equity and good conscience, if an application for relief is made within one year from the date of notification of the indebtedness by the Secretary to the payee, or within such longer period as the Secretary determines is reasonable in a case in which the payee demonstrates to the satisfaction of the Secretary that such notification was not actually received by such payee within a reasonable period after such date. 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.
(2) The Secretary may not seek to recover an indebtedness described in paragraph (1) if the Secretary determines that the cost to the Department to recover such indebtedness, as determined when the debt is established, would exceed the amount of the indebtedness.
**(b)** With respect to any loan guaranteed, insured, or made under chapter 37 of this title, the Secretary shall, except as provided in subsection (c) of this section, waive payment of an indebtedness to the Department by the veteran (as defined in sections 101, 3701, and 3702(a)(2)(C)(ii) of this title), or the veteran’s spouse, following default and loss of the property, where the Secretary determines that collection of such indebtedness would be against equity and good conscience. 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 with return receipt requ
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Stable record: federal_law:legal_authorities:record_usc_9faeaf205a8bb883ec8928af
Source file: Laws/federal/codes/united-states-code/title-38/section-5302-waiver-of-recovery-of-claims-by-the-united-states--9cc4f12826.md
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Source location: Title 38, Chapter 53, § 5302; chapter-053-special-provisions-relating-to-benefits.md
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**(a)**
(1) There shall be no recovery of payments or overpayments (or any interest thereon) of any benefits under any of the laws administered by the Secretary whenever the Secretary determines that recovery would be against equity and good conscience, if an application for relief is made within one year from the date of notification of the indebtedness by the Secretary to the payee, or within such longer period as the Secretary determines is reasonable in a case in which the payee demonstrates to the satisfaction of the Secretary that such notification was not actually received by such payee within a reasonable period after such date. 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.
(2) The Secretary may not seek to recover an indebtedness described in paragraph (1) if the Secretary determines that the cost to the Department to recover such indebtedness, as determined when the debt is established, would exceed the amount of the indebtedness.
**(b)** With respect to any loan guaranteed, insured, or made under chapter 37 of this title, the Secretary shall, except as provided in subsection (c) of this section, waive payment of an indebtedness to the Department by the veteran (as defined in sections 101, 3701, and 3702(a)(2)(C)(ii) of this title), or the veteran’s spouse, following default and loss of the property, where the Secretary determines that collection of such indebtedness would be against equity and good conscience. 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 with return receipt requested 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.
**(c)** The recovery of any payment or the collection of any indebtedness (or any interest thereon) may not be waived under this section if, in the Secretary’s opinion, there exists in connection with the claim for such waiver an indication of fraud, misrepresentation or bad 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 (or any interest thereon).
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** A person shall be entitled to a rehabilitation program under the terms and conditions of this chapter if—
(1) the person—
(A) is—
(i) a veteran who has a service-connected disability rated at 20 percent or more which was incurred or aggravated in service on or after September 16, 1940; or
(ii) hospitalized or receiving outpatient medical care, services, or treatment for a service-connected disability pending discharge from the active military, naval, air, or space service, and the Secretary determines that—
(I) the hospital (or other medical facility) providing the hospitalization, care, services, or treatment is doing so under contract or agreement with the Secretary concerned, or is under the jurisdiction of the Secretary of Veterans Affairs or the Secretary concerned; and
(II) the person is suffering from a disability which will likely be compensable at a rate of 20 percent or more under chapter 11 of this title; and
(B) is determined by the Secretary to be in need of rehabilitation because of an employment handicap; or
(2) the person is a veteran who—
(A) has a service-connected disability rated at 10 percent which was incurred or aggravated in service on or after September 16, 1940; and
(B) is determined by the Secretary to be in need of rehabilitation because of a serious employment handicap.
**(b) Additional Rehabilitation Programs for Persons Who Have Exhausted Rights to Unemployment Benefits Under State Law.—**
(1) Except as provided in paragraph (4), a person who has completed a rehabilitation program under this chapter shall be entitled to an additional rehabilitation program under the terms and conditions of this chapter if—
(A) the person is described by paragraph (1) or (2) of subsection (a);
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3102
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Subject to subsections (b) and (d) of this section and [section 3485(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3485/e&num=0&edition=prelim), the Secretary shall (unless the Secretary waives recovery under [section 5302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5302&num=0&edition=prelim)) deduct the amount of the indebtedness of any person who has been determined to be indebted to the United States by virtue of such person’s participation in a benefits program administered by the Secretary from future payments made to such person under any law administered by the Secretary.
(2) The Secretary may not make a deduction under paragraph (1) while the existence or amount of such indebtedness is disputed under [section 5314A of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5314a&num=0&edition=prelim).
**(b)** Deductions may not be made under subsection (a) of this section with respect to the indebtedness of a person described in such subsection unless the Secretary—
(1) has made reasonable efforts to notify such person of such person’s right to dispute through prescribed administrative processes the existence or amount of such indebtedness and of such person’s right to request a waiver of such indebtedness under [section 5302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5302&num=0&edition=prelim);
(2) has made a determination with respect to any such dispute or request or has determined that the time required to make such a determination before making deductions would jeopardize the Secretary’s ability to recover the full amount of such indebtedness through deductions from su
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5314
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever any veteran disposes of residential property securing a guaranteed, insured, or direct housing loan obtained by the veteran, the Secretary, upon application made by such veteran and by the transferee incident to such disposal, shall issue to such veteran in connection with such disposal a release relieving the veteran of all further liability to the Secretary on account of such loan (including liability for any loss resulting from any default of the transferee or any subsequent purchaser of such property) if the Secretary has determined, after such investigation as the Secretary may deem appropriate, that (1) the loan is current, and (2) the purchaser of such property from such veteran (A) is obligated by contract to purchase such property and to assume full liability for the repayment of the balance of the loan remaining unpaid, and has assumed by contract all of the obligations of the veteran under the terms of the instruments creating and securing the loan, and (B) qualifies from a credit standpoint, to the same extent as if the transferee were a veteran eligible for purposes specified in [section 3710 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3710&num=0&edition=prelim), for a guaranteed or insured or direct loan in an amount equal to the unpaid balance of the obligation for which the transferee has assumed liability.
**(b)** If any veteran disposes of residential property securing a guaranteed, insured, or direct housing loan obtained by the veteran under this chapter without receiving a release from liability with respect to such loan under subsection (a), and a default subsequently occurs which results in liability of the veteran to the Secretary on account of the loan, the Secretary may relieve th
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3713
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** 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 the Secretary provides such veteran or surviving spouse with notice by certified mail with return receipt requested of the authority of the Secretary to waive the payment of indebtedness under [section 5302(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5302/b&num=0&edition=prelim).
**(b)** If the Secretary does not waive the entire amount of the liability, the Secretary shall then determine whether the veteran or surviving spouse should be released from liability under [section 3713(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3713/b&num=0&edition=prelim).
**(c)** If the Secretary determines that the veteran or surviving spouse should not be released from liability, the Secretary shall notify the veteran or surviving spouse of that determination and provide a notice of the procedure for appealing that determination, unless the Secretary has previously made such determination and notified the veteran or surviving spouse of the procedure for appealing the determination.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3726
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Employment Skills Verification.—**
(1) The Secretary of Defense and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy shall provide to members of the armed forces who are discharged or released from active duty a certification or verification of any job skills and experience acquired while on active duty that may have application to employment in the civilian sector. The preceding sentence shall be carried out in conjunction with the Secretary of Labor.
(2) In order to improve the accuracy and completeness of a certification or verification of job skills and experience required by paragraph (1), the Secretary of Defense shall—
(A) establish a database to record all training performed by members of the Army, Navy, Air Force, Marine Corps, and Space Force that may have application to employment in the civilian sector; and
(B) make unclassified information regarding such information available to States and other potential employers referred to in subsection (c) so that State and other entities may allow military training to satisfy licensing or certification requirements to engage in a civilian profession.
(3) The Secretary of Defense shall ensure that a certification or verification of job skills and experience required by paragraph (1) is rendered in such a way that States and other potential employers can confirm the accuracy and authenticity of the certification or verification.
**(b) Employment Assistance Centers.—** The Secretary of Defense shall establish permanent employment assistance centers at appropriate military installations. The Secretary of Homeland Security shall establish permanent employment assistance centers at appropriate Coast Guard installations.
**(c) Information to
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1143
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall make allotments under paragraphs (1)(B) and (2)(B) of [section 3172(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3172/b&num=0&edition=prelim) to each State that meets the requirements of section 3112 or 3113 of this title and grants under paragraphs (1)(A) and (2)(A) of [section 3172(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3172/b&num=0&edition=prelim) to each outlying area that complies with the requirements of this subchapter, to assist the State or outlying area, and to enable the State or outlying area to assist local areas, for the purpose of providing workforce investment activities for adults, and dislocated workers, in the State or outlying area and in the local areas.
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3173
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Period for Which Payment May Be Made.—**
(1) Except as provided in paragraphs (2) and (3), payment of educational assistance or subsistence allowances to eligible veterans or eligible persons pursuing a program of education or training, other than a program by correspondence, in an educational institution under chapter 31, 34, or 35 of this title shall be paid as provided in this section and, as applicable, in section 3108, 3482, 3491, or 3532 of this title. Such payments shall be paid only for the period of such veterans’ or persons’ enrollment in, and pursuit of, such program, but no amount shall be paid—
(A) to any eligible veteran or eligible person for any period when such veteran or person is not pursuing such veteran’s or person’s course in accordance with the regularly established policies and regulations of the educational institution, with the provisions of such regulations as may be prescribed by the Secretary pursuant to subsection (g) of this section, and with the requirements of this chapter or of chapter 34 or 35 of this title, but payment may be made for an actual period of pursuit of one or more unit subjects pursued for a period of time shorter than the enrollment period at the educational institution;
(B) to any eligible veteran or person for auditing a course; or
(C) to any eligible veteran or person for a course for which the grade assigned is not used in computing the requirements for graduation including a course from which the student withdraws unless—
(i) the eligible veteran or person withdraws because he or she is ordered to active duty; or
(ii) the Secretary finds there are mitigating circumstances, except that, in the first instance of withdrawal (without regard to withdrawals described in clause (i)) by the eligibl
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3680
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever the Secretary finds that an overpayment has been made to a veteran or eligible person relating to educational assistance under a law administered by the Secretary, the amount of such overpayment shall constitute a liability of such veteran or eligible person to the United States.
**(b)** Any overpayment to a veteran or eligible person with respect to pursuit by the veteran or eligible person of a program of education at an educational institution shall constitute a liability of the educational institution to the United States if—
(1) the Secretary finds that the overpayment has been made as the result of—
(A) the willful or negligent failure of an educational institution to report, as required under this chapter or chapter 34 or 35 of this title, to the Department of Veterans Affairs excessive absences from a course, or discontinuance or interruption of a course by the veteran or eligible person; or
(B) the willful or negligent false certification by an educational institution; or
(2) the benefit payment sent to an educational institution on behalf of an eligible veteran or person is made pursuant to—
(A) [section 3313(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3313/h&num=0&edition=prelim);
(B) [section 3317 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3317&num=0&edition=prelim); or
(C) [section 3680(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3680/d&num=0&edition=prelim); or
(D) [section 3320(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3320/d&num=0&edition=prelim).
**(c)** Any overpayment referred to in subsection (a) or (b) of this sect
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3685
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** All files, records, reports, and other papers and documents pertaining to any claim under any of the laws administered by the Secretary and the names and addresses of present or former members of the Armed Forces, and their dependents, in the possession of the Department shall be confidential and privileged, and no disclosure thereof shall be made except as provided in this section.
**(b)** The Secretary shall make disclosure of such files, records, reports, and other papers and documents as are described in subsection (a) of this section as follows:
(1) To a claimant or duly authorized agent or representative of a claimant as to matters concerning the claimant alone when, in the judgment of the Secretary, such disclosure would not be injurious to the physical or mental health of the claimant and to an independent medical expert or experts for an advisory opinion pursuant to [section 5109 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5109&num=0&edition=prelim).
(2) When required by process of a United States court to be produced in any suit or proceeding therein pending.
(3) When required by any department or other agency of the United States Government.
(4) In all proceedings in the nature of an inquest into the mental competency of a claimant.
(5) In any suit or other judicial proceeding when in the judgment of the Secretary such disclosure is deemed necessary and proper.
(6) In connection with any proceeding for the collection of an amount owed to the United States by virtue of a person’s participation in any benefit program administered by the Secretary when in the judgment of the Secretary such disclosure is deemed necessary and proper.
**(c)**
(1) The amount of any payment made by the Secretary to any p
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5701
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Federal law — U.S. Code and appendices · legal_authorities
Page 1054
TITLE 38—VETERANS’ BENEFITS
§ 5302
section (a) [amending this section] shall apply with re-
spect to funds collected after September 30, 1991.’’
EFFECTIVE DATE OF 1989 AMENDMENT
Amendment by Pub. L. 101–189 effective Apr. 1, 1992,
see section 1404(b)(3) of Pub. L. 101–189, as amended, set
out as a note under section 12731 of Title 10, Armed
Forces.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–479 effective Oct. 1, 1978,
see section 401 of Pub. L. 95–479, set out as a note under
section 1114 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–502 effective Dec. 1, 1976,
see section 703(c) of Pub. L. 94–502, set out as an Effec-
tive Date note under section 3693 of this title.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relat-
ing thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu-
rity, and the Department of Homeland Security Reor-
ganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
UNDUE HARDSHIP CASES
Pub. L. 95–202, title III, § 305(c), Nov. 23, 1977, 91 Stat.
1444, provided that Administrator could provide equi-
table relief to educational institutions and accredited
correspondence schools which were in possession of a
veteran’s or eligible person’s benefit check payable to
the veteran or person and mailed to the institution or
school for certain courses or lessons completed by the
veteran or person at the institution or school before
certain dates in 1977 and which were holding a power of
attorney executed by t
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 5302
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.