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U.S. Department of Agriculture
National Institute of Food and Agriculture
OMB No. XXXX‐XXXX
Form Approved For Use Through DATE
Veterinary Medicine Loan Repayment Program Contract
The National Veterinary Medical Service Act added Section 1415A to
the National Agricultural Research, Extension, and Teaching Policy Act
of 1997 to establish a new Veterinary Medicine Loan Repayment
Program (7 U.S.C. 3151a) authorizing the Secretary of Agriculture to
enter into agreements with veterinarians under which they agree to
provide veterinary services in veterinarian shortage situations. The
Secretary is authorized to enter into contracts with qualified
veterinarians under which such professionals agree to conduct
veterinary service in consideration of the Federal government agreeing
to repay, for each year of such service, not more than $25,000 of the
principal and interest of the educational loans of such professionals. In
return for these loan repayments, applicants must agree to provide
veterinary service in qualifying veterinarian shortage situations for an
initial period of obligated service of not less than three years.
Applicants are required to submit a signed contract which includes the
Terms and Conditions of participation in the VMLRP with their
applications. The Secretary/NIFA Director shall execute only those
contracts submitted by applicants who are selected for participation.
The Terms and Conditions for participating in the VMLRP follow:
Section A – Obligations of the Secretary or NIFA Director
Subject to the availability of funds appropriated by the U.S. Congress
for the NIFA and/or the VMLRP, the Secretary/NIFA Director agrees to:
1. Pay, in the amount provided in Paragraph 2 of this section, the
undersigned applicant’s qualifying educational loans. Qualifying health
professionals’ loans consist of the principal, interest, and related
expenses (such as the required interest premium on the unpaid
balances of some loans) of qualified Government (Federal, State, and
local) and commercial loans obtained by the applicant for the following
expenses during attendance by the applicant at an accredited college of
veterinary medicine resulting in a degree of Doctor of Veterinary
Medicine or the equivalent:
a. tuition expenses;
b. other reasonable educational expenses required by the
school(s) attended, including fees, books, supplies, educational
equipment and materials, and laboratory expenses; and
c. the cost of room and board, and other reasonable living
expenses as determined by the Secretary/NIFA Director.
2. An applicant must have qualifying educational loans equal to or in
excess of $XX,000 on his or her program eligibility date. This amount is
the “debt threshold”. The “program eligibility date” is the date on
which his or her contract is executed by the Secretary/NIFA Director
and he or she is engaged in qualifying veterinary service. Interest
incurred on qualifying loans after the program eligibility date will not be
repaid by the NIFA, and must be repaid by the participant to his or her
lender(s). NIFA will repay the remaining educational debt (“repayable
debt”) as follows:
a. At the rate of one‐third of the repayable debt for each year of
qualified service up to a $25,000 annual maximum; and
b. payments are to be made on a delayed quarterly schedule
after completion of qualified service, unless otherwise agreed to
by the Secretary/NIFA Director and the participant.
3. Payment of qualifying educational loans will be made directly to
the lender(s). If there is more than one outstanding qualifying
educational loan, the Secretary/NIFA Director will repay the loans in the
following order, unless the Secretary/NIFA Director determines
significant savings would result from paying loans in a different order of
priority: (a) HEAL; (b) Other loans issued or guaranteed by the Federal
Government; and (c) Other loans.
4. Once a loan repayment contract has been signed by both parties,
the Secretary/NIFA Director shall obligate such funds as will be
necessary to ensure that sufficient funds will be available to make loan
repayments and tax payments to cover the repayable debt, as defined
in Paragraph 2 of this section.
Section B – Obligations of the Participant
The participant agrees to:
1. Provide a description of each of his or her outstanding qualified
educational loans and supporting documents, in a form and manner as
defined by the Secretary/NIFA Director;
2. Serve his or her 3‐year minimum period of veterinary service,
which commences on the program eligibility date, by conducting
qualifying service in a specified shortage situation.
3. Provide written verification of the lender’s crediting of all VMLRP
payments and resulting account balances within a reasonable time
after such payments are credited;
4. Repay the NIFA for any sums paid erroneously to his or her
lender(s), repay the NIFA for any sums advanced to his or her lenders
prior to satisfying his or her service, and assist the NIFA in obtaining a
refund from his or her lender(s) for such sums;
5. Make payments to lenders on their own behalf for periods of Leave
Without Pay (LWOP); and
6. Comply with the provisions of Title 7, U.S. Code of Federal
Regulations, Part 3151a and other policies or regulations governing the
Veterinary Medicine Loan Repayment Program, as applicable.
Section C – Breach of Written Loan Repayment Contract
1. In accordance with 42 USC 254o, which addresses enforcement of
the National Health Service Corps LRP and will be regarded as equally
applicable to the NIFA’s VMLRP, any participant who fails to complete
the minimum 3‐year veterinary service obligation required under the
initial contract will be considered to have breached the contract and
will be subject to assessment of monetary damages and penalties as
specified in Paragraph 3 below.
a. VMLRP participants who are serving as practicing
veterinarians, and who are terminated for cause or for the
convenience of the Government will not be considered to have
committed a breach of contract, and monetary damages and
penalties will not be assessed.
b. Occasionally, a participant’s assignment may evolve and
change so that a determination is reached that he/she is no
longer engaged in a shortage situation. Similarly, the veterinary
service needs and priorities of the NIFA or the sponsoring entity
may change, so that a determination is made that the
veterinarian’s skills may be better utilized in a veterinary
assignment which does not qualify for the VMLRP. Under these
circumstances, the following will apply:
1) Since no authority exists for the Secretary/NIFA Director
to make repayments on behalf of veterinary professionals who
are not engaged in qualified service, loan repayments will
cease as of the date such determination is made.
2) Normally, job changes of this nature will not be
considered a breach of contract on the part of either the
Secretary/NIFA Director or the VMLRP participant. Based upon
the recommendation of the Secretary/NIFA Director, the
VMLRP participant will be released from the remainder of
his/her service obligation without assessment of damages or
monetary penalties. VMLRP participants will be permitted to
retain the benefit of all loan repayments made or owed by the
NIFA on their behalf up to the date of the contract release,
except any payments advanced beyond the period of service
rendered. Any payments advanced prior to veterinary service
must be repaid to the Government.
3) Interest on the amounts described in (a) and (b) of this
paragraph at the maximum prevailing rate, as determined by
the Treasurer of the United States, from the date of the
breach; except that the amount the United States is entitled to
recover shall not be less than $31,000.
b. Any amount the United States is entitled to recover shall be
paid within 1 year of the date the Secretary/NIFA Director
determines that the applicant is in breach of this written Contract.
c. Any obligation of the participant for payment of damages may
be released by a discharge in bankruptcy under Title 11 of the
United States Code only if such discharge is granted after the
expiration of the 7‐year period beginning on the first date that
payment of such damages is required, and only if the bankruptcy
court finds that non‐discharge of the obligation would be
unconscionable.
2. VMLRP participants who sign a continuation contract for a fourth
or subsequent year, and who fail to complete the period specified, will
not be subject to monetary damages or penalties. However, any
payments advanced beyond the period of veterinary service rendered
must be repaid to the Government, pursuant to Section B, Paragraph 4.
3. Penalties for Failing to Complete the Service Obligation – In
accordance with the statute, the Secretary/NIFA Director will recover
the following from participants who fail to complete the minimum
service obligation:
a. If the applicant, for any reason, fails to complete the three‐
year period of obligated service, he or she shall be liable to the
United States for an amount equal to the sum of:
1) The total of the amounts paid by the United States to, or
on behalf of, the applicant under Paragraphs 1 and 2 of Section
A of this Contract for any period of obligated service not
served;
2) An amount equal to the product of the number of months
of obligated service not completed by the applicant, multiplied
by $7,500; and
Section D – Cancellation, Suspension, and Waiver of Obligation
1. Any service or payment obligation incurred by the participant
under this contract will be canceled upon the participant’s death.
2. The Secretary/NIFA Director may waive or suspend the
participant’s service or payment obligation incurred under this contract
if:
a. compliance by the participant with the Terms and Conditions
of this contract is impossible or would involve extreme hardship,
and
b. enforcement of such obligation would be unconscionable.
Section E – Contract Termination
1. The Secretary/NIFA Director may terminate this Contract not later
than 45 days after the execution of this contract if the individual:
a. submits a written request for such termination; and
b. repays all amounts paid on behalf of the individual under
Paragraphs 1 and 2 of Section A of this Contract.
The Secretary/Director or his/her authorized representative must sign this contract before it becomes effective
Applicant’s Name
Applicant’s Signature
Secretary of U.S. Department of Agriculture/NIFA Director or Designee
Date
Date
Contract Period(s)
From:
To:
Initial Contract _____ Renewal Contract _____
Public reporting for collection of information is estimated to average XX minutes, including the time for reviewing instructions, searching existing data sources,
gathering and maintaining the date needed, and completing and reviewing the collection of information. An agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays a current valid OMB control number. Send comments regarding this burden estimate or any
th
other aspect of this collection of information, including suggestions for reducing this burden to NIFA, OEP, 800 9 St. SW, Washington, DC 20024, Attention Policy
Section. Do not return the completed form to this address.
NIFA Form 05‐10 (Page 2 of 2)
Privacy Act XX‐XX‐XXXX
Printed December 2009
File Type | application/pdf |
File Title | Microsoft Word - NIFA VMLRP - 05 - Contract |
Author | mlockhart |
File Modified | 2009-12-04 |
File Created | 2009-12-04 |