US Code

Public Law 119-83 (04/13/2026)

38 U.S.C. § 3685

Overpayments to eligible persons or veterans

(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)
section 3684(c) of this title Any overpayment referred to in subsection (a) or (b) of this section may be recovered, except as otherwise provided in the last sentence of , in the same manner as any other debt due the United States.
(d)
section 5302 of this title 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 . 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.

Pub. L. 89–358, § 3(b)80 Stat. 22 Pub. L. 92–540, title IV, § 403(11)86 Stat. 1090 Pub. L. 95–202, title III, § 304(a)(2)91 Stat. 1442 Pub. L. 96–466, title III, § 34494 Stat. 2199 Pub. L. 101–237, title IV, § 423(b)(1)103 Stat. 2092 Pub. L. 102–40, title IV, § 402(d)(1)105 Stat. 239 Pub. L. 102–83, § 5(a)105 Stat. 406 Pub. L. 116–315, title I, § 1019134 Stat. 4950 (Added , , , § 1785; amended , , ; , , ; , , ; , , ; , , ; renumbered § 3685 and amended , (c)(1), , ; , , .)

Editorial Notes

Prior Provisions

Pub. L. 85–85772 Stat. 1191 Pub. L. 89–358Provisions similar to those comprising this section were contained in , , , 1202, which was classified to former sections 1666 and 1766 of this title, prior to repeal by sections 4(a) and 3(a)(3) of , respectively.

Amendments

Pub. L. 116–315, § 1019(b)2021—Subsec. (a). , inserted “relating to educational assistance under a law administered by the Secretary” after “made to a veteran or eligible person”.

Pub. L. 116–315, § 1019(a)Subsec. (b). , 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.”

Pub. L. 102–83, § 5(a)section 1785 of this title1991—, renumbered as this section.

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

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

Pub. L. 101–2371989—Subsecs. (a), (b). substituted “Secretary” and “Department of Veterans Affairs” for “Administrator” and “Veterans’ Administration”, respectively, wherever appearing.

Pub. L. 96–4661980— designated existing provisions as subsecs. (b), (c), and (e), with minor changes in language, and added subsecs. (a) and (d).

Pub. L. 95–202section 1784(b) of this title1977— inserted “, except as otherwise provided in ,” 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.

Pub. L. 92–5401972— inserted “this chapter or” before “chapter 34 or 35”.

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Pub. L. 96–466section 802(c) of Pub. L. 96–466section 3452 of this titleAmendment by effective , except as otherwise specifically provided, see , set out as a note under .

Effective Date of 1977 Amendment

Pub. L. 95–202section 501 of Pub. L. 95–202section 101 of this titleAmendment by effective , see , set out as a note under .