U.S. Code
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Title 38
» Part PART V— BOARDS, ADMINISTRATIONS, AND SERVICES › Chapter CHAPTER 76— HEALTH PROFESSIONALS EDUCATIONAL ASSISTANCE PROGRAM › Subchapter SUBCHAPTER IV— ADMINISTRATIVE MATTERS
38 U.S.C. § 7634
Breach of agreement; waiver of liability
(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.(Added Pub. L. 100–322, title II, § 216(b), May 20, 1988, 102 Stat. 529, § 4334; renumbered § 7634, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)Editorial NotesAmendments1991—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.
Notes of Decisions
United States v. Dorio (D. Conn. 2020).
“” 38 U.S.C. § 7634 (b). Upon entering the EISP, Dorio executed the NNEI Scholarship Program Agreement (the “Agreement”) which included the statutorily mandated terms set forth above.”
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