Title 38Veterans' BenefitsRelease 119-73

§7699B Breach of agreement: liability

Title 38 › Part PART V— - BOARDS, ADMINISTRATIONS, AND SERVICES › Chapter CHAPTER 76— - HEALTH PROFESSIONALS EDUCATIONAL ASSISTANCE PROGRAM › Subchapter SUBCHAPTER IX— - READJUSTMENT COUNSELING SERVICE SCHOLARSHIP PROGRAM › § 7699B

Last updated Apr 6, 2026|Official source

Summary

If a person in the Program refuses scholarship payments or tells their school not to accept them, they must pay $1,500 to the United States. That $1,500 is in addition to any service or other duties the person still owes. If the person falls below the school’s academic standard, is dismissed for discipline, or quits their program before finishing, they must pay back the money the United States paid for them. That payment replaces any required service. If the person does not finish the required service time, the United States can recover an amount A calculated by the formula A = 3Φ (t−s/t). In that formula, A is the amount to recover; Φ is the total paid for the person plus the interest that would have been charged if those payments were loans at the maximum legal prevailing rate at the time (as set by the U.S. Treasurer); t is the total months of required service; and s is the months actually served. The recovery under that formula does not apply if the person lost their Department job because of a staffing adjustment. Any money the United States can recover must be paid within one year starting on the date the agreement was breached.

Full Legal Text

Title 38, §7699B

Veterans' Benefits — Source: USLM XML via OLRC

(a)(1)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 7604 of this title shall be liable to the United States for liquidated damages in the amount of $1,500.
(2)Liability under paragraph (1) is in addition to any period of obligated service or other obligation or liability under such 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 program of study in such educational institution before the completion of such program of study.
(2)Liability under this subsection is in lieu of any service obligation arising under the agreement.
(c)(1)Except as provided in subsection (d), if a participant in the Program does not complete the period of obligated service of the participant, the United States shall be entitled to recover from the participant an amount determined in accordance with the following formula: A = 3Φ (t−s/t).
(2)In the formula in paragraph (1):
(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 period of obligated service of the participant.
(D)“s” is the number of months of such period served by the participant.
(d)Liability shall not arise under subsection (c) if the participant fails to maintain employment as a Department employee due to a staffing adjustment.
(e)Any amount of damages that the United States is entitled to recover under this section shall be paid to the United States within the one-year period beginning on the date of the breach of the agreement.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Secretary of Veterans Affairs to begin awarding scholarships under this subchapter for programs of study beginning no later than one year after Oct. 17, 2020, see section 502(c) of Pub. L. 116–171, set out as a note under section 7698 of this title.

Reference

Citations & Metadata

Citation

38 U.S.C. § 7699B

Title 38Veterans' Benefits

Last Updated

Apr 6, 2026

Release point: 119-73