§3685 — Title 38 Veterans' Benefits | U.S. Code

Summary

When the VA finds it paid too much in education benefits, the extra amount is a debt the veteran or eligible person owes to the United States. If the overpayment happened because a school willfully or negligently failed to report absences or a stop of training, or because the school falsely certified enrollment, the school can be held responsible instead. The rule also applies when payments were sent to a school under sections 3313(h), 3317, 3680(d), or 3320(d). Overpayments can be collected like other federal debts, subject to the last sentence of section 3684(c). The VA can waive a veteran’s debt under section 5302, but a waiver does not free a liable school. Money taken from a veteran must be returned to a liable school to the extent the collection came from that school. This law does not prevent civil or criminal charges, and it does not force colleges to keep daily attendance records for standard degree courses.

Title 38, §3685

Veterans' Benefits — Source: USLM XML via OLRC

(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;

(B)section 3317 of this title; or

(C)section 3680(d) of this title; or

(D)section 3320(d) of this title.

(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.

Notes & Related Subsidiaries

Editorial Notes

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 section 1666 and 1766 of this title, prior to repeal by section 4(a) and 3(a)(3) of Pub. L. 89–358, respectively.

Amendments

2021—Subsec. (a). Pub. L. 116–315, § 1019(b), inserted “relating to educational assistance under a law administered by the Secretary” after “made to a veteran or eligible person”. Subsec. (b). Pub. L. 116–315, § 1019(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “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.” 1991—Pub. L. 102–83, § 5(a), renumbered section 1785 of this title as this section. Subsec. (c). Pub. L. 102–83, § 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”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1980 AmendmentAmendment 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 AmendmentAmendment 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.

§3685 Overpayments to eligible persons or veterans

Summary

Title 38, §3685

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata