U.S. Code
- Title 1 General Provisions
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- Title 4 Flag and Seal, Seat Of Government,and the States
- Title 5 Government Organization and Employees
- Appendix to Title 5
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- Appendix to Title 10 (Rules of Court of Appeals for the Armed Forces)
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- Appendix to Title 11
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- Appendix to Title 18
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- Appendix to Title 26
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- Title 37 Pay and Allowances Of the Uniformed Services
- Title 38 Veterans' Benefits
- Appendix to Title 38 (Rules of Court of Appeals for Veterans Claims()
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- Appendix to Title 46
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- Title 48 Territories and Insular Possessions
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- Title 50 War and National Defense
- Appendix to Title 50
§ 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.
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