Repayment for failure to satisfy requirements of agreement

38 U.S.C. § 7505

• Title: 38 — Veterans' Benefits
• Chapter: 75 — VISUAL IMPAIRMENT AND ORIENTATION AND MOBILITY PROFESSIONALS EDUCATIONAL ASSISTANCE PROGRAM

Text

(a) In General.—An individual who receives educational assistance under the scholarship program under this chapter shall repay to the Secretary an amount equal to the unearned portion of such assistance if the individual fails to satisfy the requirements of the agreement entered into under section 7504 of this title, except in circumstances authorized by the Secretary.
(b) Amount of Repayment.—The Secretary shall establish, by regulations, procedures for determining the amount of the repayment required under this section and the circumstances under which an exception to the required repayment may be granted.
(c) Waiver or Suspension of Compliance.—The Secretary shall prescribe regulations providing for the waiver or suspension of any obligation of an individual for service or payment under this chapter (or an agreement under this chapter) whenever—
(1) noncompliance by the individual is due to circumstances beyond the control of the individual; or
(2) the Secretary determines that the waiver or suspension of compliance is in the best interest of the United States.
(d) Obligation as Debt to United States.—An obligation to repay the Secretary under this section is, for all purposes, a debt owed the United States. A discharge in bankruptcy under title 11 does not discharge a person from such debt if the discharge order is entered less than five years after the date of the termination of the agreement or contract on which the debt is based.

History

(Added Pub. L. 111–163, title III, §302(a), May 5, 2010, 124 Stat. 1148.)

Editorial Notes

Editorial Notes

Amendments
2020—Pub. L. 116–171, title V, §502(b)(2), Oct. 17, 2020, 134 Stat. 818, added heading for subchapter IX and items 7698 to 7699B.
2018—Pub. L. 115–182, title III, §303(b)(2), June 6, 2018, 132 Stat. 1467, added heading for subchapter VIII and items 7691 to 7697.
2010—Pub. L. 111–163, title VI, §603(d), May 5, 2010, 124 Stat. 1174, added items 7618 and 7619 and struck out former item 7618 "Expiration of program".
2002—Pub. L. 107–135, title I, §§101(a)(2), 102(a)(2), Jan. 23, 2002, 115 Stat. 2447, 2448, struck out items 7676 "Expiration of program" and 7684 "Expiration of program".
1998—Pub. L. 105–368, title VIII, §§802(b), 803(b), Nov. 11, 1998, 112 Stat. 3356, 3358, added headings for subchapters VI and VII and items 7671 to 7676 and 7681 to 7684.
1991—Pub. L. 102–40, title IV, §402(c)(1), May 7, 1991, 105 Stat. 239, renumbered items 4301 to 4355 as 7601 to 7655, respectively.
1990—Pub. L. 101–366, title II, §205(a)(2), Aug. 15, 1990, 104 Stat. 440, added heading for subchapter V and items 4351 to 4355.