(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.
(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.
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
1766 of this title, prior to repeal by sections 4(a) and 3(a)(3) ofPub. L. 89–358, respectively.
1989—Subsecs. (a), (b). Pub. L. 101–237substituted “Secretary” and “Department of Veterans Affairs” for “Administrator” and “Veterans’ Administration”, respectively, wherever appearing.
1980—Pub. L. 96–466designated existing provisions as subsecs. (b), (c), and (e), with minor changes in language, and added subsecs. (a) and (d).
1977—Pub. L. 95–202inserted “, 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. 92–540inserted “this chapter or” before “chapter 34 or 35”.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–466effective Oct. 1, 1980, except as otherwise specifically provided, see section 802(c) ofPub. L. 96–466, set out as a note under section
3452 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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