38 USC 7675 – Breach of agreement: liability
(a)
Terms Used In 38 USC 7675
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. See 1 USC 7
(b)
(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)
t?s
A=3? ( —— )
t
(2) In such formula:
(A) “A” is the amount the United States is entitled to recover.
(B) “?” 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)
(e)