Title 38Veterans' BenefitsRelease 119-73not60

§7675 Breach of Agreement: Liability

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

Last updated Apr 5, 2026|Official source

Summary

If a program participant refuses scholarship money or tells their school not to accept it, they must pay the United States $1,500 in damages. That $1,500 is extra and does not replace any service time or other duties the person still owes. If the United States paid money for a participant and the participant later stops meeting rules, the participant must repay the amounts paid. Repayment is required if the participant drops below the school’s required grades, is kicked out for discipline, quits the course early, does not get required professional licensing within the time set by the Secretary, or fails to keep Department employment while enrolled. If repayment is required under these rules, it replaces any service obligation the person would have owed. If the participant breaks their required service time, the government can recover an amount set by a formula that uses the total paid (plus interest at the maximum legal prevailing rate), the total months of required service, and the months actually served. No repayment is required for losing Department employment if the loss was due to a staffing adjustment. Any money the United States is owed must be paid within one year after 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 5, 2026

Release point: 119-73not60