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38 U.S.C. § 3685 — Overpayments to eligible persons or veterans

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3685 — Overpayments to eligible persons or veterans

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Source location: Title 38, Chapter 36, § 3685; chapter-036-administration-of-educational-benefits.md

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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3313/h&num=0&edition=prelim); (B) [section 3317 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3317&num=0&edition=prelim); or (C) [section 3680(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3680/d&num=0&edition=prelim); or (D) [section 3320(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3320/d&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3684/c&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5302&num=0&edition=prelim). 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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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3452 — Definitions

For the purposes of this chapter and chapter 36 of this title— **(a)** (1) The term “eligible veteran” means any veteran who— (A) served on active duty for a period of more than 180 days, any part of which occurred after January 31, 1955, and before January 1, 1977, and was discharged or released therefrom under conditions other than dishonorable; (B) contracted with the Armed Forces and was enlisted in or assigned to a reserve component prior to January 1, 1977, and as a result of such enlistment or assignment served on active duty for a period of more than 180 days, any part of which commenced within 12 months after January 1, 1977, and was discharged or released from such active duty under conditions other than dishonorable; or (C) was discharged or released from active duty, any part of which was performed after January 31, 1955, and before January 1, 1977, or following entrance into active service from an enlistment provided for under subparagraph (B), because of a service-connected disability. (2) The requirement of discharge or release, prescribed in subparagraph (A) or (B) of paragraph (1), shall be waived in the case of any individual who served more than 180 days in an active-duty status for so long as such individual continues on active duty without a break therein. (3) For purposes of paragraph (1)(A) and section 3461(a), the term “active duty” does not include any period during which an individual (A) was assigned full time by the Armed Forces to a civilian institution for a course of education which was substantially the same as established courses offered to civilians, (B) served as a cadet or midshipman at one of the service academies, or (C) served under the provisions of [section 12103(d) of title 10](https://uscode.house.gov/view.xhtml?re

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 101 — Definitions

For the purposes of this title— (1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively. (2) The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable. (3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried. (4) (A) The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and [section 8502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) a person who is unmarried and— (i) who is under the age of eighteen years; (ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or (iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution; and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged father, onl

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 5302 — Waiver of recovery of claims by the United States

**(a)** (1) There shall be no recovery of payments or overpayments (or any interest thereon) of any benefits under any of the laws administered by the Secretary whenever the Secretary determines that recovery would be against equity and good conscience, if an application for relief is made within one year from the date of notification of the indebtedness by the Secretary to the payee, or within such longer period as the Secretary determines is reasonable in a case in which the payee demonstrates to the satisfaction of the Secretary that such notification was not actually received by such payee within a reasonable period after such date. The Secretary shall include in the notification to the payee a statement of the right of the payee to submit an application for a waiver under this subsection and a description of the procedures for submitting the application. (2) The Secretary may not seek to recover an indebtedness described in paragraph (1) if the Secretary determines that the cost to the Department to recover such indebtedness, as determined when the debt is established, would exceed the amount of the indebtedness. **(b)** With respect to any loan guaranteed, insured, or made under chapter 37 of this title, the Secretary shall, except as provided in subsection (c) of this section, waive payment of an indebtedness to the Department by the veteran (as defined in sections 101, 3701, and 3702(a)(2)(C)(ii) of this title), or the veteran’s spouse, following default and loss of the property, where the Secretary determines that collection of such indebtedness would be against equity and good conscience. An application for relief under this subsection must be made within one year after the date on which the veteran receives notice by certified mail with return receipt requ

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3317 — Public-private contributions for additional educational assistance

**(a) Establishment of Program.—** In instances where the educational assistance provided pursuant to section 3313(c)(1)(A) does not cover the full cost of tuition and fees for a program of education, the Secretary shall carry out a program under which colleges and universities can, voluntarily, enter into an agreement with the Secretary to cover a portion of such tuition and fees not otherwise covered under subsection (c)(1)(A) or (e)(2)(A) of [section 3313 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3313&num=0&edition=prelim), which contributions shall be matched by equivalent contributions toward such costs by the Secretary. The program shall only apply to covered individuals described in paragraphs (1), (2), (8), (9), (10), and (11) of section 3311(b). **(b) Designation of Program.—** The program under this section shall be known as the “Yellow Ribbon G.I. Education Enhancement Program”. **(c) Agreements.—** The Secretary shall enter into an agreement with each college or university seeking to participate in the program under this section. Each agreement shall specify the following: (1) The manner (whether by direct grant, scholarship, or otherwise) of the contributions to be made by the college or university concerned. (2) The maximum amount of the contribution to be made by the college or university concerned with respect to any particular individual in any given academic year. (3) The maximum number of individuals for whom the college or university concerned will make contributions in any given academic year. (4) Such other matters as the Secretary and the college or university concerned jointly consider appropriate. **(d) Matching Contributions.—** (1) **In general.—** — In instances where the educational as

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3317

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1785 — Care and services during certain disasters and emergencies

**(a) Authority To Provide Hospital Care and Medical Services.—** During and immediately following a disaster or emergency referred to in subsection (b), the Secretary may furnish hospital care and medical services to individuals responding to, involved in, or otherwise affected by that disaster or emergency. **(b) Covered Disasters and Emergencies.—** A disaster or emergency referred to in this subsection is any disaster or emergency as follows: (1) A major disaster or emergency declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5121](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5121&num=0&edition=prelim) et seq.). (2) A disaster or emergency in which the National Disaster Medical System established pursuant to section 2812 of the Public Health Service Act ([42 U.S.C. 300hh](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300hh&num=0&edition=prelim)) 11 See References in Text note below. is activated by the Secretary of Health and Human Services under that section or as otherwise authorized by law. **(c) Applicability to Eligible Individuals Who Are Veterans.—** The Secretary may furnish care and services under this section to an individual described in subsection (a) who is a veteran without regard to whether that individual is enrolled in the system of patient enrollment under [section 1705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1705&num=0&edition=prelim). **(d) Reimbursement From Other Federal Departments and Agencies.—** (1) The cost of any care or services furnished under this section to an officer or employee of a department or agency of the United States other than the Department or to a

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 16132a — Authority to transfer unused education benefits to family members

**(a) In General.—** Subject to regulation prescribed by the Secretary of Defense, the Secretary concerned may permit a member described in subsection (b) who is entitled to basic educational assistance under this chapter to elect to transfer to one or more of the dependents specified in subsection (c) a portion of such member’s entitlement to such assistance, subject to the limitation under subsection (d). **(b) Eligible Members.—** A member referred to in subsection (a) is a member of the Selected Reserve of the Ready Reserve who, at the time of the approval of the member’s request to transfer entitlement to basic educational assistance under this section, has completed— (1) at least six years of service in the Selected Reserve and enters into an agreement to serve at least four more years as a member of the armed forces; or (2) the years of service as determined in regulations pursuant to subsection (j). **(c) Eligible Dependents.—** A member approved to transfer an entitlement to basic educational assistance under this section may transfer the member’s entitlement as follows: (1) To the member’s spouse. (2) To one or more of the member’s children. (3) To a combination of the individuals referred to in paragraphs (1) and (2). **(d) Limitation on Months of Transfer.—** The total number of months of entitlement transferred by a member under this section may not exceed 36 months. The Secretary of Defense may prescribe regulations that would limit the months of entitlement that may be transferred under this section to no less than 18 months. **(e) Designation of Transferee.—** A member transferring an entitlement to basic educational assistance under this section shall— (1) designate the dependent or dependents to whom such entitlement is being transferred; (2

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 16163a — Authority to transfer unused education benefits to family members

**(a) In General.—** Subject to the provisions of this section, the Secretary concerned may permit, at such Secretary’s sole discretion, a member described in subsection (b) who is entitled to basic educational assistance under this chapter to elect to transfer to one or more of the dependents specified in subsection (c) a portion of such member’s entitlement to such assistance, subject to the limitation under subsection (d). **(b) Eligible Members.—** A member referred to in subsection (a) is a member of the armed forces who, at the time of the approval of the member’s request to transfer entitlement to basic educational assistance under this section, has completed at least— (1) six years of service in the armed forces and enters into an agreement to serve at least four more years as a member of the armed forces; or (2) the years of service as determined in regulations pursuant to subsection (j). **(c) Eligible Dependents.—** A member approved to transfer an entitlement to basic educational assistance under this section may transfer the member’s entitlement as follows: (1) To the member’s spouse. (2) To one or more of the member’s children. (3) To a combination of the individuals referred to in paragraphs (1) and (2). **(d) Limitation on Months of Transfer.—** The total number of months of entitlement transferred by a member under this section may not exceed 36 months. The Secretary of Defense may prescribe regulations that would limit the months of entitlement that may be transferred under this section to no less than 18 months. **(e) Designation of Transferee.—** A member transferring an entitlement to basic educational assistance under this section shall— (1) designate the dependent or dependents to whom such entitlement is being transferred; (2) designat

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 16163a

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1562 — Special provisions relating to pension

**(a)** (1) (A) The Secretary shall pay monthly to each living person whose name has been entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll, and a copy of whose certificate has been delivered to the Secretary under subsection (d) of [section 1134a of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1134a&num=0&edition=prelim), a special pension at the rate described in subparagraph (B), as adjusted from time to time under subsection (e),11 See Special Benefit Allowance Rates note below. beginning as of the date on which the person’s name is entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll under subsection (b) of such section. (B) The rate described in this subparagraph is equal to the amount of monthly compensation paid to a veteran without dependents under subsection (m) of [section 1114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1114&num=0&edition=prelim), increased to the next intermediate rate under subsection (p) of such section. (2) (A) Except as provided in subparagraphs (B) and (C), the Secretary shall pay special pension under this section to the surviving spouse of a person whose name has been entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll and a copy of whose certificate has been delivered to the Secretary under [section 1134a(d) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1134a/d&num=0&edition=prelim). (B) No special pension shall be paid to a surviving spouse of a person under this section unless such surviving spouse was married to such person— (i) for one year or more prior to the veteran’s death; or (ii) for any period of time if

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1562

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1761 to 1764 — Repealed. Pub. L. 102–585, title V, § 514(a), Nov. 4, 1992, 106 Stat. 4958]

### Statutory Notes Section 1761, added Pub. L. 96–22, title I, § 105(a), June 13, 1979, 93 Stat. 52, § 661; amended Pub. L. 98–160, title I, § 106(b), Nov. 21, 1983, 97 Stat. 998; renumbered § 1761, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406, related to purpose of this subchapter, which established a preventive health-care services pilot program. Prior section 1761 was renumbered [section 3561 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3561&num=0&edition=prelim). Section 1762, added Pub. L. 96–22, title I, § 105(a), June 13, 1979, 93 Stat. 52, § 662; renumbered § 1762 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 102–585, title V, § 513(a), Nov. 4, 1992, 106 Stat. 4958, defined the term “preventive health-care services” for purposes of this subchapter. [Section 1762 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1762&num=0&edition=prelim) was transferred to [section 1701(9) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1701/9&num=0&edition=prelim) by Pub. L. 102–585. Prior section 1762 was renumbered [section 3562 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3562&num=0&edition=prelim). Section 1763, added Pub. L. 96–22, title I, § 105(a), June 13, 1979, 93 Stat. 52, § 663; amended Pub. L. 96–128, title V, § 501(d), Nov. 28, 1979, 93 Stat. 987; Pub. L. 98–160, title I, § 106(c), Nov. 21, 1983, 97 Stat. 998; Pub. L. 99–272, title XIX, § 19011(d)(6), Apr. 7, 1986, 100 Stat. 379; renumbered § 1763 and amended Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406, related to provision of prev

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1761 to 1764

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3020 — Authority to transfer unused education benefits to family members for career service members

**(a) In General.—** Subject to the provisions of this section, the Secretary of Defense may authorize the Secretary concerned, to promote recruitment and retention of members of the Armed Forces, to permit an individual described in subsection (b) who is entitled to basic educational assistance under this subchapter to elect to transfer to one or more of the dependents specified in subsection (c) the unused portion of entitlement to such assistance, subject to the limitation under subsection (d). **(b) Eligible Individuals.—** An individual referred to in subsection (a) is any member of the Armed Forces— (1) who, while serving on active duty or as a member of the Selected Reserve at the time of the approval by the Secretary concerned of the member’s request to transfer entitlement to basic educational assistance under this section, has completed six years of service in the Armed Forces and enters into an agreement to serve at least four more years as a member of the Armed Forces; or (2) as determined in regulations pursuant to subsection (k). **(c) Eligible Dependents.—** An individual approved to transfer an entitlement to basic educational assistance under this section may transfer the individual’s entitlement as follows: (1) To the individual’s spouse. (2) To one or more of the individual’s children. (3) To a combination of the individuals referred to in paragraphs (1) and (2). **(d) Limitation on Months of Transfer.—** (1) An individual approved to transfer an entitlement to basic educational assistance under this section may transfer any unused entitlement to one or more of the dependents specified in subsection (c). (2) The total number of months of entitlement transferred by an individual under this section may not exceed 36 months. The Secretary of De

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3020

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