FEDERAL · 38 U.S.C. · Chapter 76

Breach of agreement: liability

Current through Pub. L. 119-102
Title 38Veterans' Benefits·Ch. 76 — HEALTH PROFESSIONALS EDUCATIONAL ASSISTANCE PROGRAM·Subch. III
(a)A participant in the Tuition Reimbursement Program who fails to maintain employment as a Department employee permanently assigned to a Department health-care facility—
(1)may not be provided reimbursement for tuition for the course or courses in which the participant is enrolled; and
(2)in lieu of any service obligation arising from participation in the program, shall be liable to the United States for the amount which has been paid or is payable to or on behalf of the participant under the agreement, reduced by the proportion that the number of days served for completion of the service obligation bears to the total number of days in the participant's period of obligated service.
(b)Any amount of damages which the United States is entitled to recover under this section shall be paid

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Source Credit

History

(Added Pub. L. 100–322, title II, §216(b), May 20, 1988, 102 Stat. 527, §4324; amended Pub. L. 100–687, div. B, title XV, §1503(a)(4), Nov. 18, 1988, 102 Stat. 4134; renumbered §7624, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, §4(a)(3), (4), Aug. 6, 1991, 105 Stat. 404.)

Editorial Notes

Editorial Notes

Amendments
1991—Pub. L. 102–40 renumbered section 4324 of this title as this section.
Subsec. (a). Pub. L. 102–83 substituted "Department" for "Veterans' Administration" in two places in introductory provisions.
1988—Subsec. (a)(2). Pub. L. 100–687, §1503(a)(4)(A), substituted "participation in the program" for "completion of a course or courses in a previous semester or quarter", inserted "or is payable" after "has been paid", and inserted before period at end ", reduced by the proportion that the number of days served for completion of the service obligation bears to the total number of days in the participant's period of obligated service".
Subsec. (b). Pub. L. 100–687, §1503(a)(4)(B), struck out par. (1) which related to formula to apply to recover amount from participant who breaches agreement by failing to complete period of obligated service, and struck out par. (2) designation before "Any amount".