§7617 — Title 38 Veterans' Benefits | U.S. Code

Summary

If a person in the Scholarship Program refuses all or part of a scholarship payment, or tells their school not to accept it, they must pay $1,500 to the United States. That $1,500 is extra. It does not replace any required service time or other obligations under the scholarship agreement. If a participant gets poor grades, is expelled for discipline, quits training early, (for doctors) fails required post‑graduate training for board eligibility, fails to get a required professional license within the time the Secretary sets, or a part‑time student stops working as a Department employee while enrolled, they must repay the government the scholarship money paid for them. The amount the government can recover is based on the total paid plus interest (Φ = amounts paid + interest charged as if the payments were loans at the maximum legal prevailing rate determined by the Treasurer) and is reduced by how much of the required service was actually completed (t = total months required, s = months served). Any money the government can collect must be paid within one year after the agreement is broken.

Title 38, §7617

Veterans' Benefits — Source: USLM XML via OLRC

(a)A participant in the Scholarship Program (other than a participant described in subsection (b) of this section) 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)A participant in the Scholarship 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:

(1)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).

(2)The participant is dismissed from such educational institution for disciplinary reasons.

(3)The participant voluntarily terminates the course of training in such educational institution before the completion of such course of training.

(4)In the case of a participant who is enrolled in a program or education or training leading to employment as a physician, the participant fails to successfully complete post-graduate training leading to eligibility for board certification in a specialty.

(5)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.

(6)In the case of a participant who is a part-time student, the participant fails to maintain employment, while enrolled in the course of training being pursued by such participant, as a Department employee permanently assigned to a Department health-care facility.

(c)(1)If a participant in the Scholarship 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:

(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 7616(b)(4) of this title.

(D)“s” is the number of months of such period served by the participant in accordance with section 7613 of this title.

(2)Any amount of damages which 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Subsec. (b)(4) to (6). Pub. L. 115–182, which directed addition of par. (4) and redesignation of former pars. (4) and (5) as pars. (5) and (6), respectively, without specifying the subsec. amended, was executed to subsec. (b) to reflect the probable intent of Congress. 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 4317 of this title as this section. Subsec. (a). Pub. L. 102–40, § 402(d)(1), substituted “7603” for “4303”. Subsec. (b)(1), (4). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Subsec. (b)(5). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in two places. Subsec. (c)(1). Pub. L. 102–40, § 402(d)(1), substituted “7616(b)(4)” for “4316(b)(4)” in subpar. (C) and “7613” for “4313” in subpar. (D).

§7617 Breach of Agreement: Liability

Summary

Title 38, §7617

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata