Page:United States Statutes at Large Volume 112 Part 5.djvu/597

 PUBLIC LAW 105-368 —NOV. 11, 1998 112 STAT. 3355 date, on the date thereafter on which the participant is assigned to a position for which the participant's course of training prepared the participant. "(2) A participant in the Program who on the participant's course completion date is a full-time employee in the Veterans Health Administration serving in a capacity for which the participant's course of training prepared the participant shall be considered to have begun serving the participant's period of obligated service on such course completion date. " (d) COURSE COMPLETION DATE DEFINED.— In this section, the term 'course completion date' means the date on which a participant in the Program completes the participant's course of education or training under the Program. "§ 7675. Breach of agreement: liability "(a) LIQUIDATED DAMAGES.—^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) LIABILITY DURING COURSE OF EDUCATION OR TRAINING.— (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 patientcare services, during a period of time determined under regulations prescribed by the Secretary. "(E) In the case of a participant who is a part-time student, 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) LIABILITY DURING PERIOD OF OBLIGATED SERVICE.— (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

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