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38 U.S.C. § 7604 — Terms of agreement
Federal law — U.S. Code and appendices · legal_authorities
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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Source location: Title 38, Chapter 76, § 7604; chapter-076-health-professionals-educational-assistance-program.md
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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 agreement.
(5) Such other terms as are required to be included in the agreement under subchapter II, III, V, VI, VIII, or IX of this chapter or as the Secretary may require consistent with the provisions of this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
A person’s entitlement to the benefits of this chapter by reason of the service of such person in one of the uniformed services terminates upon the occurrence of any of the following events:
(1) A separation of such person from such uniformed service with a dishonorable or bad conduct discharge.
(2) A separation of such person from such uniformed service under other than honorable conditions, as characterized pursuant to regulations prescribed by the Secretary concerned.
(3) A dismissal of such person permitted under [section 1161(a) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1161/a&num=0&edition=prelim).
(4) A dropping of such person from the rolls pursuant to [section 1161(b) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1161/b&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4304
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** To be eligible for appointment to the positions in the Administration covered by subsection (b), a person must have the applicable qualifications set forth in that subsection.
**(b)**
(1) **Physician.—** — To be eligible to be appointed to a physician position, a person must—
(A) hold the degree of doctor of medicine or of doctor of osteopathy from a college or university approved by the Secretary,
(B) have completed an internship satisfactory to the Secretary, and
(C) be licensed to practice medicine, surgery, or osteopathy in a State.
(2) **Dentist.—** — To be eligible to be appointed to a dentist position, a person must—
(A) hold the degree of doctor of dental surgery or dental medicine from a college or university approved by the Secretary, and
(B) be licensed to practice dentistry in a State.
(3) **Nurse.—** — To be eligible to be appointed to a nurse position, a person must—
(A) have successfully completed a full course of nursing in a recognized school of nursing, approved by the Secretary, and
(B) be registered as a graduate nurse in a State.
(4) **Director of a Hospital, Domiciliary, Center, or Outpatient Clinic.—** — To be eligible to be appointed to a director position, a person must have such business and administrative experience and qualifications as the Secretary shall prescribe.
(5) **Podiatrist.—** — To be eligible to be appointed to a podiatrist position, a person must—
(A) hold the degree of doctor of podiatric medicine, or its equivalent, from a school of podiatric medicine approved by the Secretary, and
(B) be licensed to practice podiatry in a State.
(6) **Optometrist.—** — To be eligible to be appointed to an optometrist position, a person must—
(A) hold the degree of doctor of optometry, or its equival
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7402
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7603
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as provided in paragraph (2) of this subsection, an individual must be accepted for enrollment or be enrolled (as described in [section 7602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7602&num=0&edition=prelim)) as a full-time student to be eligible to participate in the Scholarship Program.
(2) An individual who is an eligible Department employee may be accepted as a participant if accepted for enrollment or enrolled (as described in [section 7602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7602&num=0&edition=prelim)) for study on less than a full-time but not less than a half-time basis. (Such a participant is hereinafter in this subchapter referred to as a “part-time student”.)
(3) For the purposes of paragraph (2) of this subsection, an eligible Department employee is a full-time Department employee who is permanently assigned to a Department health-care facility on the date on which the individual submits the application referred to in [section 7603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7603&num=0&edition=prelim) and on the date on which the individual becomes a participant in the Scholarship Program.
**(b)**
(1) A scholarship may be awarded under this subchapter only in a qualifying field of education or training.
(2) A qualifying field of education or training for purposes of this subchapter is education or training leading to employment as an appointee under paragraph (1) or (3) of [section 7401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401&num=0&edition=prelim).
(3) The Secretary may designate additional fields of education or training as qu
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7612
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7622
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Eligibility.—** To be eligible to participate in the Program, an individual must be an eligible Department employee who is accepted for enrollment or enrolled (as described in [section 7602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7602&num=0&edition=prelim)) as a full-time or part-time student in a field of education or training described in subsection (c).
**(b) Eligible Department Employees.—** For purposes of subsection (a), an eligible Department employee is any employee of the Department who, as of the date on which the employee submits an application for participation in the Program, has been continuously employed by the Department for not less than one year.
**(c) Qualifying Fields of Education or Training.—** A scholarship may be awarded under the Program only for education and training in a field leading to appointment or retention in a position under [section 7401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401&num=0&edition=prelim).
**(d) Award of Scholarships.—** Notwithstanding [section 7603(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7603/d&num=0&edition=prelim), the Secretary, in selecting participants in the Program, may award a scholarship only to applicants who have a record of employment with the Veterans Health Administration which, in the judgment of the Secretary, demonstrates a high likelihood that the applicant will be successful in completing such education or training and in employment in such field.
**(e) Agreement.—**
(1) An agreement between the Secretary and a participant in the Program shall (in addition to the requirements set forth in [section 7604 of this title](https://uscode.hou
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7672
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** An individual is eligible to participate in the Program, as determined by the Readjustment Counseling Service of the Department, if the individual—
(1) is accepted for enrollment or enrolled (as described in [section 7602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7602&num=0&edition=prelim)) in a program of study at an accredited educational institution, school, or training program leading to a terminal degree in psychology, social work, marriage and family therapy, or mental health counseling that would meet the education requirements for appointment to a position under [section 7402(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7402/b&num=0&edition=prelim); and
(2) enters into an agreement with the Secretary under subsection (c).
**(b) Priority.—** In selecting individuals to participate in the Program, the Secretary shall give priority to the following individuals:
(1) An individual who agrees to be employed by a Vet Center located in a community that is—
(A) designated as a medically underserved population under section 330(b)(3) of the Public Health Service Act ([42 U.S.C. 254b(b)(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section254b/b/3&num=0&edition=prelim)); and
(B) in a State with a per capita population of veterans of more than five percent according to the National Center for Veterans Analysis and Statistics and the Bureau of the Census.
(2) An individual who is a veteran.
**(c) Agreement.—** An agreement between the Secretary and a participant in the 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-tit
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7699
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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 at a Vet Center (as defined in [section 7699(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7699/d&num=0&edition=prelim)) for the period of obligated service set forth in the agreement of the participant entered into under [section 7604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7604&num=0&edition=prelim).
**(b) Determination of Service Commencement Date.—**
(1) Not later than 60 days before the service commencement date of a participant, the Secretary shall notify the participant of that service commencement date.
(2) The date specified in paragraph (1) with respect to a participant is the date for the beginning of the period of obligated service of the participant.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7699A
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Liquidated Damages.—**
(1) 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 7604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7604&num=0&edition=prelim) shall be liable to the United States for liquidated damages in the amount of $1,500.
(2) Liability under paragraph (1) is in addition to any period of obligated service or other obligation or liability under such agreement.
**(b) Liability During Program of Study.—**
(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 program of study in such educational institution before the completion of such program of study.
(2) Liability under this subsection is in lieu of any service obligation arising under the agreement.
**(c) Liability During Period of Obligated Service.—**
(1) Except as provided in subsection (d), if a participant in the Program does not complete the period of obligated service of the participant, the United States shall be entitled to recover from
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7699B
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Federal law — U.S. Code and appendices · legal_authorities
Page 1265
TITLE 38—VETERANS’ BENEFITS
§ 7604
tution that is in a State and that (as determined
by the Secretary) is an accredited institution.
(b) An individual is not eligible to apply to
participate in the Educational Assistance Pro-
gram under subchapter II, III, VI, or IX of this
chapter if the individual is obligated under any
other Federal program to perform service after
completion of the course of education or train-
ing of such individual referred to in subsection
(a) of this section.
(Added Pub. L. 100–322, title II, § 216(b), May 20,
1988, 102 Stat. 518, § 4302; amended Pub. L.
101–366, title II, § 205(c)(2), Aug. 15, 1990, 104 Stat.
441; renumbered § 7602, Pub. L. 102–40, title IV,
§ 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L.
102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404,
405; Pub. L. 105–368, title VIII, § 805(2), Nov. 11,
1998, 112 Stat. 3358; Pub. L. 116–171, title V,
§ 502(b)(1)(B), Oct. 17, 2020, 134 Stat. 818.)
Editorial Notes
AMENDMENTS
2020—Subsec. (a)(1). Pub. L. 116–171, § 502(b)(1)(B)(i),
substituted ‘‘VI, or IX’’ for ‘‘or VI’’ and ‘‘subchapter VI
or IX’’ for ‘‘subchapter VI’’.
Subsec. (b). Pub. L. 116–171, § 502(b)(1)(B)(ii), sub-
stituted ‘‘VI, or IX’’ for ‘‘or VI’’.
1998—Subsec. (a)(1). Pub. L. 105–368, § 805(2)(A), sub-
stituted ‘‘subchapter II, III, or VI’’ for ‘‘subchapter I or
II’’, substituted ‘‘, for which’’ for ‘‘or for which’’, and
inserted before period at end ‘‘, or for which a scholar-
ship may be awarded under subchapter VI of this chap-
ter, as the case may be’’.
Subsec. (b). Pub. L. 105–368, § 805(2)(B), substituted
‘‘subchapter II, III, or VI’’ for ‘‘subchapter I or II’’.
1991—Pub. L. 102–40 renumbered section 4302 of this
title as this section.
Subsec. (a). Pub. L. 102–83 substituted ‘‘S
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 7604
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