Page:United States Statutes at Large Volume 94 Part 2.djvu/921

 PUBLIC LAW 96-466—OCT. 17, 1980

94 STAT. 2199

(2) redesignating subsection (b) as subsection (c) and inserting after subsection (a) the following new subsection (b): "(b) The Administrator, prior to making payment of a reporting fee to an educational institution, as provided for in subsection (c) of this section, shall require such institution to certify that it has exercised reasonable diligence in determining whether such institution or any course offered by such institution approved for the enrollment of veterans or eligible persons meets all of the applicable requirements of chapters 34, 35, and 36 of this title and that it will, without 38 USC 1651 et delay, report any failure to meet any such requirement to the seq.,ll(i(i et seq.,

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Administrator.. Ob)(l) The catchline of such section is amended to read as follows: "§ 1784. Reports by veterans, eligible persons, and institutions; reporting fee". (2) The item relating to such section in the table of sections at the beginning of chapter 36 is amended to read as follows:

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"1784. Reports by veterans, eligible persons, and institutions; reporting fee.". LIABILITY FOR OVERPAYMENT OF BENEFITS

SEC. 344. The text of section 1785 is amended to read as follows: "(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 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 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 3102 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.".

38 USC 1785.

38 USC 1651 et

38 USC 1784. Waiver. 38 USC 8102.

MEASUREMENT OF COURSES

SEC. 345. (a) Subsection (a) of section 1788 is amended by— (1) inserting "(a)(D" after "1775" in clauses (1) and (2);

38 USC 1788.

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