Title 38Veterans' BenefitsRelease 119-73

§7675 Breach of agreement: liability

Title 38 › Part PART V— - BOARDS, ADMINISTRATIONS, AND SERVICES › Chapter CHAPTER 76— - HEALTH PROFESSIONALS EDUCATIONAL ASSISTANCE PROGRAM › Subchapter SUBCHAPTER VI— - EMPLOYEE INCENTIVE SCHOLARSHIP PROGRAM › § 7675

Last updated Apr 6, 2026|Official source

Summary

If a participant refuses a scholarship payment or tells their school not to take it, they must pay $1,500 to the United States. That $1,500 is in addition to any service time or other duties they already agreed to. If the participant fails to meet program rules — for example, losing good academic standing, being kicked out for discipline, quitting the course, not getting a required license in time, or not keeping a Department job while in training — they must pay back the money the government paid for them instead of doing the required service. If they break the agreement by not finishing their required service, the amount owed is worked out by a formula using these terms: A is the amount owed; Φ is the total paid plus interest calculated as if those payments were loans at the maximum legal prevailing rate set by the U.S. Treasurer; t is the total months of required service (including any extra months); s is the months actually served. If a participant lost their Department job because of a staffing change, they do not owe money under the rules above. Any money due must be paid to the United States within one year from the date of the breach.

Full Legal Text

Title 38, §7675

Veterans' Benefits — Source: USLM XML via OLRC

(a)A participant in the Program (other than a participant described in subsection (b)) who fails to accept payment, or instructs the educational institution in which the participant is enrolled not to accept payment, in whole or in part, of a scholarship under the agreement entered into under section 7603 of this title shall be liable to the United States for liquidated damages in the amount of $1,500. Such liability is in addition to any period of obligated service or other obligation or liability under the agreement.
(b)(1)Except as provided in subsection (d), a participant in the Program shall be liable to the United States for the amount which has been paid to or on behalf of the participant under the agreement if any of the following occurs:
(A)The participant fails to maintain an acceptable level of academic standing in the educational institution in which the participant is enrolled (as determined by the educational institution under regulations prescribed by the Secretary).
(B)The participant is dismissed from such educational institution for disciplinary reasons.
(C)The participant voluntarily terminates the course of education or training in such educational institution before the completion of such course of education or training.
(D)The participant fails to become licensed to practice medicine, osteopathy, dentistry, podiatry, or optometry in a State, fails to become licensed as a registered nurse in a State, or fails to meet any applicable licensure requirement in the case of any other health-care personnel who provide either direct patient-care services or services incident to direct patient-care services, during a period of time determined under regulations prescribed by the Secretary.
(E)The participant fails to maintain employment, while enrolled in the course of training being pursued by the participant, as a Department employee.
(2)Liability under this subsection is in lieu of any service obligation arising under a participant’s agreement.
(c)(1)Except as provided in subsection (d), if a participant in the Program breaches the agreement by failing for any reason to complete such participant’s period of obligated service, the United States shall be entitled to recover from the participant an amount determined in accordance with the following formula:
(2)In such formula:
(A)“A” is the amount the United States is entitled to recover.
(B)“Φ” is the sum of—
(i)the amounts paid under this subchapter to or on behalf of the participant; and
(ii)the interest on such amounts which would be payable if at the time the amounts were paid they were loans bearing interest at the maximum legal prevailing rate, as determined by the Treasurer of the United States.
(C)“t” is the total number of months in the participant’s period of obligated service, including any additional period of obligated service in accordance with section 7673(c)(2) of this title.
(D)“s” is the number of months of such period served by the participant in accordance with section 7673 of this title.
(d)Liability shall not arise under subsection (b)(1)(E) or (c) in the case of a participant otherwise covered by the subsection concerned if the participant fails to maintain employment as a Department employee due to a staffing adjustment.
(e)Any amount of damages which the United States is entitled to recover under this section shall be paid to the United States within the 1-year period beginning on the date of the breach of the agreement.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2016—Subsec. (b)(1)(E). Pub. L. 114–315 substituted “The” for “In the case of a participant who is a part-time student, the”.

Reference

Citations & Metadata

Citation

38 U.S.C. § 7675

Title 38Veterans' Benefits

Last Updated

Apr 6, 2026

Release point: 119-73