Title 38 — Veterans' BenefitsRelease 119-73not60
§7634 Breach of Agreement; Waiver of Liability
Title 38 › Part V— BOARDS, ADMINISTRATIONS, AND SERVICES › Chapter 76— HEALTH PROFESSIONALS EDUCATIONAL ASSISTANCE PROGRAM › Subchapter IV— ADMINISTRATIVE MATTERS › § 7634
Summary
If a participant dies, any duty to do required service or to pay damages under the Educational Assistance Program ends. The Secretary must make rules to waive or pause duties if failure to comply was beyond the participant’s control or if waiving is in the U.S. interest. Damage payments cannot be discharged in bankruptcy under Title 11 until five years after they first became due.
Full Legal Text
Title 38, §7634
Veterans' Benefits — Source: USLM XML via OLRC
(a)An obligation under the Educational Assistance Program (or an agreement under the program) of a participant in the Educational Assistance Program for performance of services or payment of damages is canceled upon the death of the participant.
(b)The Secretary shall prescribe regulations providing for the waiver or suspension of any obligation of a participant for service or payment under the Educational Assistance Program (or an agreement under the program) whenever noncompliance by the participant is due to circumstances beyond the control of the participant or whenever the Secretary determines that the waiver or suspension of compliance is in the best interest of the United States.
(c)An obligation of a participant under the Educational Assistance Program (or an agreement thereunder) for payment of damages may not be released by a discharge in bankruptcy under title 11 before the expiration of the five-year period beginning on the first date the payment of such damages is due.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
1991—Pub. L. 102–40 renumbered section 4334 of this title as this section. Subsec. (b). Pub. L. 102–83 substituted “Secretary” for “Administrator” in two places.
Reference
Citations & Metadata
Citation
38 U.S.C. § 7634
Title 38 — Veterans' Benefits
Last Updated
Apr 5, 2026
Release point: 119-73not60