
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC3685]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
           CHAPTER 36--ADMINISTRATION OF EDUCATIONAL BENEFITS
 
                 SUBCHAPTER II--MISCELLANEOUS PROVISIONS
 
Sec. 3685. Overpayments to eligible persons or veterans

    (a) Whenever the Secretary finds that an overpayment has been made 
to a veteran or eligible person, the amount of such overpayment shall 
constitute a liability of such veteran or eligible person to the United 
States.
    (b) Whenever the Secretary finds that an overpayment has been made 
to a veteran or eligible person as the result of (1) 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 (2) 
the willful or negligent false certification by an educational 
institution, the amount of such overpayment shall constitute a liability 
of the educational institution to the United States.
    (c) Any overpayment referred to in subsection (a) or (b) of this 
section may be recovered, except as otherwise provided in the last 
sentence of section 3684(c) of this title, in the same manner as any 
other debt due the United States.
    (d) Any overpayment referred to in subsection (a) or (b) of this 
section may be waived as to a veteran or eligible person as provided in 
section 5302 of this title. Waiver of any such overpayment as to a 
veteran or eligible person shall in no way release any educational 
institution from liability under subsection (b) of this section.
    (e)(1) Any amount collected from a veteran or eligible person 
pursuant to this section shall be reimbursed to the educational 
institution which is liable pursuant to subsection (b) of this section 
to the extent that collection was made from the educational institution.
    (2) Nothing in this section or any other provision of this title 
shall be construed as (A) precluding the imposition of any civil or 
criminal liability under this title or any other law, or (B) requiring 
any institution of higher learning to maintain daily attendance records 
for any course leading to a standard college degree.

(Added Pub. L. 89-358, Sec. 3(b), Mar. 3, 1966, 80 Stat. 22, Sec. 1785; 
amended Pub. L. 92-540, title IV, Sec. 403(11), Oct. 24, 1972, 86 Stat. 
1090; Pub. L. 95-202, title III, Sec. 304(a)(2), Nov. 23, 1977, 91 Stat. 
1442; Pub. L. 96-466, title III, Sec. 344, Oct. 17, 1980, 94 Stat. 2199; 
Pub. L. 101-237, title IV, Sec. 423(b)(1), Dec. 18, 1989, 103 Stat. 
2092; Pub. L. 102-40, title IV, Sec. 402(d)(1), May 7, 1991, 105 Stat. 
239; renumbered Sec. 3685 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), 
Aug. 6, 1991, 105 Stat. 406.)


                            Prior Provisions

    Provisions similar to those comprising this section were contained 
in Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1191, 1202, which was 
classified to former sections 1666 and 1766 of this title, prior to 
repeal by sections 4(a) and 3(a)(3) of Pub. L. 89-358, respectively.


                               Amendments

    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1785 of this 
title as this section.
    Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3684(c)'' 
for ``1784(c)''.
    Subsec. (d). Pub. L. 102-40 substituted ``5302'' for ``3102''.
    1989--Subsecs. (a), (b). Pub. L. 101-237 substituted ``Secretary'' 
and ``Department of Veterans Affairs'' for ``Administrator'' and 
``Veterans' Administration'', respectively, wherever appearing.
    1980--Pub. L. 96-466 designated existing provisions as subsecs. (b), 
(c), and (e), with minor changes in language, and added subsecs. (a) and 
(d).
    1977--Pub. L. 95-202 inserted ``, except as otherwise provided in 
section 1784(b) of this title,'' after ``recovered'' in first sentence, 
and inserted last sentence providing that nothing in this section or any 
other provision of this title shall be construed as requiring any 
institution of higher learning to maintain daily attendance for any 
course leading to a standard college degree.
    1972--Pub. L. 92-540 inserted ``this chapter or'' before ``chapter 
34 or 35''.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-466 effective Oct. 1, 1980, except as 
otherwise specifically provided, see section 802(c) of Pub. L. 96-466, 
set out as a note under section 3452 of this title.


                    Effective Date of 1977 Amendment

    Amendment by Pub. L. 95-202 effective Nov. 23, 1977, see section 501 
of Pub. L. 95-202, set out as a note under section 101 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 3684 of this title.
