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38 U.S.C. § 7674 — Obligated service
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Each participant in the Program shall provide service as a full-time employee of the Department for the period of obligated service provided in the agreement of the participant entered into under [section 7603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7603&num=0&edition=prelim). Such service shall be provided in the full-time clinical practice of such participant’s profession or in another health-care position in an assignment or location determined by the Secretary.
**(b) Determination of Service Commencement Date.—**
(1) Not later than 60 days before a participant’s service commencement date, the Secretary shall notify the participant of that service commencement date. That date is the date for the beginning of the participant’s period of obligated service.
(2) As soon as possible after a participant’s service commencement date, the Secretary shall—
(A) in the case of a participant who is not a full-time employee in the Veterans Health Administration, appoint the participant as such an employee; and
(B) in the case of a participant who is an employee in the Veterans Health Administration but is not serving in a position for which the participant’s course of education or training prepared the participant, assign the participant to such a position.
(3)
(A) In the case of a participant receiving a degree from a school of medicine, osteopathy, dentistry, optometry, or podiatry, the participant’s service commencement date is the date upon which the participant becomes licensed to practice medicine, osteopathy, dentistry, optometry, or podiatry, as the case may be, in a State.
(B) In the case of a participant receiving a degree from a school of nursing, the participant’s service commenceme
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Source location: Title 38, Chapter 76, § 7674; chapter-076-health-professionals-educational-assistance-program.md
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**(a) In General.—** Each participant in the Program shall provide service as a full-time employee of the Department for the period of obligated service provided in the agreement of the participant entered into under [section 7603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7603&num=0&edition=prelim). Such service shall be provided in the full-time clinical practice of such participant’s profession or in another health-care position in an assignment or location determined by the Secretary.
**(b) Determination of Service Commencement Date.—**
(1) Not later than 60 days before a participant’s service commencement date, the Secretary shall notify the participant of that service commencement date. That date is the date for the beginning of the participant’s period of obligated service.
(2) As soon as possible after a participant’s service commencement date, the Secretary shall—
(A) in the case of a participant who is not a full-time employee in the Veterans Health Administration, appoint the participant as such an employee; and
(B) in the case of a participant who is an employee in the Veterans Health Administration but is not serving in a position for which the participant’s course of education or training prepared the participant, assign the participant to such a position.
(3)
(A) In the case of a participant receiving a degree from a school of medicine, osteopathy, dentistry, optometry, or podiatry, the participant’s service commencement date is the date upon which the participant becomes licensed to practice medicine, osteopathy, dentistry, optometry, or podiatry, as the case may be, in a State.
(B) In the case of a participant receiving a degree from a school of nursing, the participant’s service commencement date is the later of—
(i) the participant’s course completion date; or
(ii) the date upon which the participant becomes licensed as a registered nurse in a State.
(C) In the case of a participant not covered by subparagraph (A) or (B), the participant’s service commencement date is the later of—
(i) the participant’s course completion date; or
(ii) the date the participant meets any applicable licensure or certification requirements.
(4) The Secretary shall by regulation prescribe the service commencement date for participants who were part-time students. Such regulations shall prescribe terms as similar as practicable to the terms set forth in paragraph (3).
**(c) Commencement of Obligated Service.—**
(1) Except as provided in paragraph (2), a participant in the Program shall be considered to have begun serving the participant’s period of obligated service—
(A) on the date, after the participant’s course completion date, on which the participant (in accordance with subsection (b)) is appointed as a full-time employee in the Veterans Health Administration; or
(B) if the participant is a full-time employee in the Veterans Health Administration on such course completion 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) To apply to participate in the Educational Assistance Program under subchapter II, III, V, VI, VIII, or IX of this chapter, an individual shall submit to the Secretary an application for such participation together with an agreement described in [section 7604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7604&num=0&edition=prelim) under which the participant agrees to serve a period of obligated service in the Veterans Health Administration as provided in the agreement in return for payment of educational assistance as provided in the agreement.
(2) To apply to participate in the Educational Assistance Program under subchapter VII of this chapter, an individual shall submit to the Secretary an application for such participation.
**(b)**
(1) An individual becomes a participant in the Educational Assistance Program upon the Secretary’s approval of the individual’s application and the Secretary’s acceptance of the agreement (if required).
(2) Upon the Secretary’s approval of an individual’s participation in the program, the Secretary shall promptly notify the individual of that approval. Such notice shall be in writing.
**(c)**
(1) In distributing application forms and agreement forms to individuals desiring to participate in the Educational Assistance Program, the Secretary shall include with such forms the following:
(A) A fair summary of the rights and liabilities of an individual whose application is approved (and whose agreement is accepted) by the Secretary, including a clear explanation of the damages to which the United States is entitled if the individual breaches the agreement.
(B) A full description of the terms and conditions that apply to participation in the Educational Assistance Program a
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Federal law — U.S. Code and appendices · legal_authorities
Page 1279
TITLE 38—VETERANS’ BENEFITS
§ 7674
(2) A participant in the Program may not re-
ceive a scholarship under subsection (a) for more
than the equivalent of three years of full-time
coursework.
(d) PAYMENT
OF
EDUCATIONAL
EXPENSES
BY
EDUCATIONAL INSTITUTIONS.—The Secretary may
arrange with an educational institution in
which a participant in the Program is enrolled
for the payment of the educational expenses de-
scribed in subsection (a). Such payments may be
made without regard to subsections (a) and (b)
of section 3324 of title 31.
(e) FULL-TIME COURSEWORK.—For purposes of
this section, full-time coursework shall consist
of the following:
(1) In the case of undergraduate coursework,
30 semester hours per undergraduate school
year.
(2) In the case of graduate coursework, 18 se-
mester hours per graduate school year.
(Added Pub. L. 105–368, title VIII, § 802(a), Nov.
11, 1998, 112 Stat. 3353; amended Pub. L. 107–135,
title I, § 101(c)–(e), Jan. 23, 2002, 115 Stat. 2447,
2448.)
Editorial Notes
AMENDMENTS
2002—Subsec. (b)(1). Pub. L. 107–135, § 101(c)(1), sub-
stituted ‘‘for the equivalent of one year of full-time
coursework’’ for ‘‘for any 1 year’’.
Subsec. (b)(2). Pub. L. 107–135, § 101(c)(2), added par. (2)
and struck out former par. (2) which read as follows:
‘‘in the case of a participant in the Program who is a
part-time student, shall be the amount specified in
paragraph (1) reduced in accordance with the propor-
tion that the number of credit hours carried by the par-
ticipant in that school year bears to the number of
credit hours required to be carried by a full-time stu-
dent in the course of education or training being pur-
sued by the participant.’’
Subsec. (c). Pub. L. 107–135, § 101(d), amended heading
and text of subsec.
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