§ 3685. Overpayments to eligible persons or veterans

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(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.

(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, § 3(b), Mar. 3, 1966, 80 Stat. 22, § 1785; amended Pub. L. 92–540, title IV, § 403(11), Oct. 24, 1972, 86 Stat. 1090; Pub. L. 95–202, title III, § 304(a)(2), Nov. 23, 1977, 91 Stat. 1442; Pub. L. 96–466, title III, § 344, Oct. 17, 1980, 94 Stat. 2199; Pub. L. 101–237, title IV, § 423(b)(1), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 102–40, title IV, § 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered § 3685 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 116–315, title I, § 1019, Jan. 5, 2021, 134 Stat. 4950.)

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