§ 3685. Overpayments to eligible persons or veterans

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1966

   Veterans

   Pub. L. 89–358 § 3(b) · 80 Stat. 12

   Enacted · 38 U.S.C. § 3685

   Added Pub. L. 89–358, § 3(b), Mar. 3, 1966, 80 Stat. 22, § 1785

   Source evidence

   Code source credit
   Added Pub. L. 89–358, § 3(b), Mar. 3, 1966, 80 Stat. 22, § 1785

   Enacted provision · exact public law section
   (b) Title 38 of the United States Code is further amended by adding immediately following section 1778, the following new subchapter: “Subchapter II— Miscellaneous Provisions “§1781. Nonduplication of benefits “No educational assistance allowance or special training allowance shall be paid on behalf of any eligible person or veteran under chapter 34 or 35 of this title for any period during which such person or Ante, p. 12. veteran is enrolled in and pursuing a program of education or course paid for by the United States under any provision of law other than such chapters, where the payment of an allowance would constitute a duplication of benefits paid from the Federal Treasury to the eligible person or veteran or to his parent or guardian in his behalf. “§1782. Control by agencies of the United States “No department, agency, or officer of the United States, in carrying out this chapter, shall exercise any supervision or control, whatsoever, over any State approving agency, or State educational agency, or any educational institution. Nothing in this section shall be deemed to prevent any department, agency, or officer of the United States from exercising any supervision or control which such department, agency., or officer is authorized by law to exercise over any Federal educational institution or to prevent the furnishing of education Ante, p. 12. under chapter 34 or 35 of this title in any institution over which supervision or control is exercised by such other department, agency, or officer under authority of law. “§1783. Conflicting interests “(a) Every officer or employee of the Veterans’ Administration who has, while such an officer or employee, owned any interest in, or received any wages, salary, dividends, profits, gratuities, or services from, any educational institution operated for profit in which an eligible person or veteran was pursuing a program of education or course under chapter 34 or 35 shall be immediately dismissed from his office or employment. “(b) If the Administrator finds that any person who is an officer or employee of a State approving agency has, while he was such an officer or employee, owned any interest in, or received any wages, salary, dividends, profits, gratuities, or services from, an educational institution operated for profit in which an eligible person or veteran was pursuing a program of education or course under chapter 34 or 35 of this title, he shall discontinue making payments under section 1774 of this title to such State approving agency unless such agency shall, without delay, take such steps as may be necessary to terminate the employment of such person and such payments shall not be resumed while such person is an officer or employee of the State approving agency, or State department of veterans’ affairs or State department of education. “(c) A State approving agency shall not approve any course offered by an educational institution operated for profit, and, if any such course has been approved, shall disapprove each such course, if it finds that any officer or employee of the Veterans’ Administration or the State approving agency owns an interest in, or receives any wages, salary, dividends, profits, gratuities, or services from, such institution. “(d) The Administrator may, after reasonable notice and public hearings, waive in writing the application of this section in the case of any officer or employee of the Veterans’ Administration or of a State approving agency, if he finds that no detriment will result to the United States or to eligible persons or veterans by reasons of such interest or connection of such officer or employee. “§1784. Reports by institutions “Educational institutions shall, without delay, report to the Administrator in the form prescribed by him, the enrollment, interruption, and termination of the education of each eligible person or veteran enrolled therein under chapter 34 or 35. “§1785. Overpayments to eligible persons or veterans “Whenever the Administrator finds that an overpayment has been made to an eligible person or veteran as the result of (1) the willful or negligent failure of an educational institution to report, as required by chapter 34 or 35 of this title and applicable regulations, to the Veterans’ Administration excessive absences from a course, or discontinuance or interruption of a course by the eligible person or veteran, or (2) false certification by an educational institution, the amount of such overpayment shall constitute a liability of such institution, and may be recovered in the same manner as any other debt due the United States. Any amount so collected shall be reimbursed if the overpayment is recovered from the eligible person or veteran. This section shall not preclude the imposition or any civil or criminal liability under this or any other law. “§1786. Examination of records “The records and accounts of educational institutions pertaining to eligible persons or veterans who received education under chapter 34 or 35 of this title shall be available for examination by duly authorized Ante, p 12. representatives of the Government. “§1787. False or misleading statements “Whenever the Administrator finds that an educational institution has willfully submitted a false or misleading claim, or that a person or veteran, with the complicity of an educational institution, has submitted such a claim, he shall make a complete report of the facts of the case to the appropriate State approving agency and, where deemed advisable, to the Attorney General of the United States for appropriate action. “§1788. Advisory committee “There shall be an advisory committee formed by the Administrator which shall be composed of persons who are eminent in their respective fields of education, labor, and management, and of representatives of the various types of institutions and establishments furnishing vocational rehabilitation under chapter 31 of this title or education 38 USC 1501 et seq. to eligible persons or veterans enrolled under chapter 34 or 35 of this title. The Commissioner of Education and the Administrator, Manpower Administration, Department of Labor, shall be ex officio members of the advisory committee. The Administrator shall advise and consult with the committee from time to time with respect to the administration of this chapter and chapters 31, 34, and 35 of this title, and the committee may make such reports and recommendations as it deems desirable to the Administrator and to the Congress. “§1789. Institutions listed by Attorney General “The Administrator shall not approve the enrollment of, or payment of an additional assistance allowance to, any eligible veteran or eligible person under chapter 34 or 35 of this title in any course in an educational institution while it is listed by the Attorney General under section 12 of Executive Order 10450. 18 F.R. 2489. 5 USC 631 note. “§1790. Use of other Federal agencies “In carrying out his functions under this chapter or chapter 34 or 35 of this title, the Administrator may utilize the facilities and services of any other Federal department or agency. Any such utilization shall be pursuant to proper agreement with the Federal department or agency concerned; and payment to cover the cost thereof shall be made either in advance or by way of reimbursement, as may be provided in such agreement.”

2. 1972

   Vietnam Era Veterans’ Readjustment Assistance Act of 1972

   Pub. L. 92–540 title IV § 403(11) · 86 Stat. 1074

   Inserted · 38 U.S.C. § 3685

   Pub. L. 92–540 inserted “this chapter or” before “chapter 34 or 35”

   Source evidence

   Code amendment note
   Pub. L. 92–540 inserted “this chapter or” before “chapter 34 or 35”.

   Enacted provision · exact public law section
   (11) inserting “this chapter or” before “chapter 34 or 35” in section 1785;

3. 1977

   GI Bill Improvement Act of 1977

   Pub. L. 95–202 title III § 304(a)(2) · 91 Stat. 1433

   1. Inserted · 38 U.S.C. § 3685

      Pub. L. 95–202 inserted “, except as otherwise provided in section 1784(b) of this title,” after “recovered” in first sentence

   2. Inserted · 38 U.S.C. § 3685

      Pub. L. 95–202 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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (2) amending section 1785 by— (A) inserting in the first sentence a comma and “except as Supra. otherwise provided in section 1784(b) of this title,” after “recovered”; and (B) inserting at the end thereof the following new sentence: “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 records for any course leading to a standard college degree.”; and

4. 1980

   Veterans’ Rehabilitation and Education Amendments of 1980

   Pub. L. 96–466 title III § 344 · 94 Stat. 2171

   1. Amended · 38 U.S.C. § 3685

      Pub. L. 96–466 designated existing provisions as subsecs. (b), (c), and (e), with minor changes in language

   2. Added · 38 U.S.C. § 3685

      Pub. L. 96–466 added subsecs. (a) and (d)

   Source evidence

   Code amendment note
   Pub. L. 96–466 designated existing provisions as subsecs. (b), (c), and (e), with minor changes in language, and added subsecs. (a) and (d).

   Enacted provision · exact public law section
   Sec. 344. liability for overpayment of benefits The text of section 1785 is amended to read as follows: 38 USC 1785. “(a) Whenever the Administrator 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 Administrator 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 38 USC 1651 et seq., 1700 et seq. Veterans’ Administration 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 1784(c) of this title, in the same manner as any 38 USC 1784. other debt due the United States. “(d) Any overpayment referred to in subsection (a) or (b) of this Waiver. section may be waived as to a veteran or eligible person as provided in section 3102 of this title. Waiver of any such overpayment as to a 38 USC 3102. 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.”.

   Effective date note
   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.

5. 1989

   Veterans Education and Employment Amendments of 1989

   Pub. L. 101–237 title IV § 423(b)(1) · 103 Stat. 2062

   Substituted · 38 U.S.C. § 3685(a); 38 U.S.C. § 3685(b)

   Pub. L. 101–237 substituted “Secretary” and “Department of Veterans Affairs” for “Administrator” and “Veterans’ Administration”, respectively, wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (a), (b). Pub. L. 101–237 substituted “Secretary” and “Department of Veterans Affairs” for “Administrator” and “Veterans’ Administration”, respectively, wherever appearing.

   Enacted provision · exact public law section
   (1) Chapters 30, 31, 32, 34, 35, and 36 are amended— (A) by striking out “Administrator” each place it appears (other than in section 1652(b)) and inserting in lieu thereof “Secretary”; and (B) by striking out “Veterans’ Administration” each place it appears and inserting in lieu thereof “Department of Veterans Affairs”.

6. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

   Pub. L. 102–40 title IV § 402(d)(1) · 105 Stat. 187

   Substituted · 38 U.S.C. § 3685(d)

   Pub. L. 102–40 substituted “5302” for “3102”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 102–40 substituted “5302” for “3102”.

   Enacted provision · exact public law section
   (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by section 401(a)(4) or by subsection (b) is amended so that the reference refers to the section as redesignated.

7. 1991

   Pub. L. 102–83 § 5(a) · 105 Stat. 378

   Changed · 38 U.S.C. § 3685

   Pub. L. 102–83, § 5(a), renumbered section 1785 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 5(a), renumbered section 1785 of this title as this section.

   Enacted provision · exact public law section
   (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

8. 1991

   Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

   Substituted · 38 U.S.C. § 3685(c)

   Pub. L. 102–83, § 5(c)(1), substituted “3684(c)” for “1784(c)”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted “3684(c)” for “1784(c)”.

   Enacted provision · exact public law section
   (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

9. 2021

   Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

   Pub. L. 116–315 § 1019(b) · 134 Stat. 4932

   Inserted · 38 U.S.C. § 3685(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (b) Clarifying Amendment.— Subsection (a) of such section is further amended by inserting “relating to educational assistance under a law administered by the Secretary” after “made to a veteran or eligible person”.

10. 2021

    Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 § 1019(a) · 134 Stat. 4932

    Amended · 38 U.S.C. § 3685(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (a) In General.— Subsection (b) of section 3685 of title 38, United States Code, is amended to read as follows: “(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.” .

12 of 12 references resolved to an enrolled provision