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38 U.S.C. § 7622 — Eligibility; application; agreement

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7622 — Eligibility; application; agreement

**(a)** To be eligible to participate in the Tuition Reimbursement Program, an individual must be a full-time employee in the Department permanently assigned to a Department health-care facility and must be enrolled in a course of training offered by an institution approved by the Secretary leading toward completion of (1) an associate or higher degree in nursing, or (2) a masters degree or doctoral degree in nursing. **(b)** In selecting applicants for acceptance in the Tuition Reimbursement Program, the Secretary (in addition to according priorities as set forth in [section 7603(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7603/d&num=0&edition=prelim)) shall give special consideration and emphasis to individuals pursuing a course of study which will expedite an increase in the number of registered nurses employed by the Department. The Secretary shall then give priority, in the following order, to— (1) individuals who have been employed as full-time employees in the Nursing Service in the Veterans Health Administration; and (2) individuals who have previously received tuition reimbursement under the Tuition Reimbursement Program. **(c)** An agreement between the Secretary and a participant in the Tuition Reimbursement Program shall (in addition to the requirements set forth in [section 7604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7604&num=0&edition=prelim)) contain the following: (1) The Secretary’s agreement to provide the participant with tuition reimbursement following successful completion (as determined, pursuant to regulations prescribed by the Secretary, by the educational institution involved) of (A) a course or courses required for the course of study desc

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Stable record: federal_law:legal_authorities:record_usc_6d318e6cf3b7222e8915e050
Source file: Laws/federal/codes/united-states-code/title-38/section-7622-eligibility-application-agreement--8fa669e265.md
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Source location: Title 38, Chapter 76, § 7622; chapter-076-health-professionals-educational-assistance-program.md

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**(a)** To be eligible to participate in the Tuition Reimbursement Program, an individual must be a full-time employee in the Department permanently assigned to a Department health-care facility and must be enrolled in a course of training offered by an institution approved by the Secretary leading toward completion of (1) an associate or higher degree in nursing, or (2) a masters degree or doctoral degree in nursing. **(b)** In selecting applicants for acceptance in the Tuition Reimbursement Program, the Secretary (in addition to according priorities as set forth in [section 7603(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7603/d&num=0&edition=prelim)) shall give special consideration and emphasis to individuals pursuing a course of study which will expedite an increase in the number of registered nurses employed by the Department. The Secretary shall then give priority, in the following order, to— (1) individuals who have been employed as full-time employees in the Nursing Service in the Veterans Health Administration; and (2) individuals who have previously received tuition reimbursement under the Tuition Reimbursement Program. **(c)** An agreement between the Secretary and a participant in the Tuition Reimbursement Program shall (in addition to the requirements set forth in [section 7604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7604&num=0&edition=prelim)) contain the following: (1) The Secretary’s agreement to provide the participant with tuition reimbursement following successful completion (as determined, pursuant to regulations prescribed by the Secretary, by the educational institution involved) of (A) a course or courses required for the course of study described in subsection (a) of this section, or (B) a course or courses taken as necessary prerequisites for degree program enrollment if a letter regarding the potential enrollment of the participant from an appropriate official of the institution involved includes a statement specifying such prerequisites. (2) The participant’s agreement— (A) to maintain employment, while enrolled in the course of training being pursued by such participant, as a full-time Department employee in the Veterans Health Administration permanently assigned to a Department health-care facility; and (B) to continue to serve as a full-time employee in the Veterans Health Administration for one year (hereinafter in this subchapter referred to as the “period of obligated service”) after completion of the course for which the participant received tuition reimbursement. **(d)** Tuition reimbursement provided to a participant in the Tuition Reimbursement Program may not exceed $2,000 per year (adjusted in accordance with [section 7631 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7631&num=0&edition=prelim)). **(e)** The Secretary may arrange with an educational institution pursuant to which such an institution would provide a course or courses at a Department health-care facility to participants in the Tuition Reimbursement Program. Under such an arrangement, the Secretary may agree to pay to the institution an amount not in excess of an amount determined by multiplying the number of participants in such a course by the amount of tuition reimbursement each participant would receive for enrolling and successfully completing such course.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 4322 — Enforcement of employment or reemployment rights

**(a)** A person who claims that— (1) such person is entitled under this chapter to employment or reemployment rights or benefits with respect to employment by an employer; and (2) (A) such employer has failed or refused, or is about to fail or refuse, to comply with the provisions of this chapter; or (B) in the case that the employer is a Federal executive agency, such employer or the Office of Personnel Management has failed or refused, or is about to fail or refuse, to comply with the provisions of this chapter, may file a complaint with the Secretary in accordance with subsection (b), and the Secretary shall investigate such complaint. **(b)** Such complaint shall be in writing, be in such form as the Secretary may prescribe, include the name and address of the employer against whom the complaint is filed, and contain a summary of the allegations that form the basis for the complaint. **(c)** (1) Not later than five days after the Secretary receives a complaint submitted by a person under subsection (a), the Secretary shall notify such person in writing of his or her rights with respect to such complaint under this section and section 4323 or 4324, as the case may be. (2) The Secretary shall, upon request, provide technical assistance to a potential claimant with respect to a complaint under this subsection, and when appropriate, to such claimant’s employer. **(d)** The Secretary shall investigate each complaint submitted pursuant to subsection (a). If the Secretary determines as a result of the investigation that the action alleged in such complaint occurred, the Secretary shall attempt to resolve the complaint by making reasonable efforts to ensure that the person or entity named in the complaint complies with the provisions of this chapter. **(e)**

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7631 — Periodic adjustments in amount of assistance

**(a)** (1) Whenever there is a general Federal pay increase, the Secretary shall increase the maximum monthly stipend amount, the maximum tuition reimbursement amount, the maximum Selected Reserve member stipend amount, the maximum employee incentive scholarship amount, the maximum education debt reduction payments amount, and the maximum specialty education loan repayment amount. Any such increase shall take effect with respect to any school year that ends in the fiscal year in which the pay increase takes effect. (2) The amount of any increase under paragraph (1) of this subsection is the previous maximum amount under that paragraph multiplied by the overall percentage of the adjustment in the rates of pay under the General Schedule made under the general Federal pay increase. Such amount shall be rounded to the next lower multiple of $1. **(b)** For purposes of this section: (1) The term “maximum monthly stipend amount” means the maximum monthly stipend that may be paid to a participant in the Scholarship Program specified in [section 7613(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7613/b&num=0&edition=prelim) and as previously adjusted (if at all) in accordance with this section. (2) The term “maximum tuition reimbursement amount” means the maximum amount of tuition reimbursement provided to a participant in the Tuition Reimbursement Program specified in [section 7622(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7622/e&num=0&edition=prelim) and as previously adjusted (if at all) in accordance with this section. (3) The term “maximum Selected Reserve member stipend amount” means the maximum amount of assistance provided to a person receiving assistance under sub

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7604 — Terms of agreement

An agreement between the Secretary and a participant in the Educational Assistance Program shall be in writing, shall be signed by the participant, and shall include the following provisions: (1) The Secretary’s agreement— (A) to provide the participant with educational assistance as authorized in subchapter II, III, V, VI, VIII, or IX of this chapter and specified in the agreement; and (B) to afford the participant the opportunity for employment in the Veterans Health Administration (subject to the availability of appropriated funds for such purpose and other qualifications established in accordance with [section 7402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7402&num=0&edition=prelim)). (2) The participant’s agreement— (A) to accept such educational assistance; (B) to maintain enrollment and attendance in the course of training until completed; (C) while enrolled in such course, to maintain an acceptable level of academic standing (as determined by the educational institution offering such course of training under regulations prescribed by the Secretary); and (D) after completion of the course of training, to serve as a full-time employee in the Veterans Health Administration as specified in the agreement in accordance with subchapter II, III, V, VI, VIII, or IX of this chapter. (3) A provision that any financial obligation of the United States arising out of an agreement entered into under this chapter, and any obligation of the participant which is conditioned on such agreement, is contingent upon funds being appropriated for educational assistance under this chapter. (4) A statement of the damages to which the United States is entitled under this chapter for the participant’s breach of the agree

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7622 — Eligibility; application; agreement

Page 1272 TITLE 38—VETERANS’ BENEFITS § 7619 § 7619. Expiration of program The Secretary may not furnish scholarships to new participants in the Scholarship Program after December 31, 2033. (Added Pub. L. 100–322, title II, § 216(b), May 20, 1988, 102 Stat. 525, § 4318; renumbered § 7618, 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; Pub. L. 102–585, title V, § 523(a), Nov. 4, 1992, 106 Stat. 4959; Pub. L. 104–110, title I, § 101(j), Feb. 13, 1996, 110 Stat. 769; Pub. L. 105–114, title II, § 207(a), Nov. 21, 1997, 111 Stat. 2289; renumbered § 7619 and amended Pub. L. 111–163, title VI, § 603(a), (c)(1), May 5, 2010, 124 Stat. 1173; Pub. L. 113–146, title III, § 302(a), Aug. 7, 2014, 128 Stat. 1788; Pub. L. 115–182, title III, § 301(c), June 6, 2018, 132 Stat. 1463.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–182 substituted ‘‘December 31, 2033’’ for ‘‘December 31, 2019’’. 2014—Pub. L. 113–146 substituted ‘‘December 31, 2019’’ for ‘‘December 31, 2014’’. 2010—Pub. L. 111–163, § 603(c)(1), renumbered section 7618 of this title as this section. Pub. L. 111–163, § 603(a), substituted ‘‘December 31, 2014’’ for ‘‘December 31, 1998’’. 1997—Pub. L. 105–114 substituted ‘‘December 31, 1998’’ for ‘‘December 31, 1997’’. 1996—Pub. L. 104–110 substituted ‘‘December 31, 1997’’ for ‘‘December 31, 1995’’. 1992—Pub. L. 102–585 substituted ‘‘December 31, 1995’’ for ‘‘September 30, 1992’’. 1991—Pub. L. 102–40 renumbered section 4318 of this title as this section. Pub. L. 102–83 substituted ‘‘Secretary’’ for ‘‘Adminis- trator’’. Statutory Notes and Related Subsidiaries RATIFICATION OF ACTIONS DURING PERIOD OF EXPIRED AUTHORITY Any action taken by Secretary

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