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38 U.S.C. § 7699 — Eligibility; agreement

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

38 U.S.C. § 7699 — Eligibility; agreement

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Source location: Title 38, Chapter 76, § 7699; chapter-076-health-professionals-educational-assistance-program.md

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**(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-title38-section7604&num=0&edition=prelim)) include the following: (1) An agreement by the Secretary to provide the participant with a scholarship under the Program for a specified number of school years during which the participant pursues a program of study described in subsection (a)(1) that meets the requirements set forth in [section 7602(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7602/a&num=0&edition=prelim). (2) An agreement by the participant to serve as a full-time employee of the Department at a Vet Center for a six-year period following the completion by the participant of such program of study (in this subchapter referred to as the “period of obligated service”). **(d) Vet Center Defined.—** In this section, the term “Vet Center” has the meaning given that term in [section 1712A(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1712A/h&num=0&edition=prelim).

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

38 U.S.C. § 7602 — Eligibility

**(a)** (1) To be eligible to participate in the Educational Assistance Program under subchapter II, III, VI, or IX of this chapter, an individual must be accepted for enrollment or be currently enrolled as a student at a qualifying educational institution in a course of education or training that is approved by the Secretary and that leads toward completion of a degree in a field of education or training for which a scholarship may be awarded under subchapter II of this chapter, for which tuition reimbursement may be provided under subchapter III of this chapter, or for which a scholarship may be awarded under subchapter VI or IX of this chapter, as the case may be. (2) A qualifying educational institution for purposes of this section is an educational institution 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 Program 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 training of such individual referred to in subsection (a) of this section.

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

38 U.S.C. § 7698 — Requirement for program

As part of the Educational Assistance Program, the Secretary shall carry out a scholarship program under this subchapter. The program shall be known as the Department of Veterans Affairs Readjustment Counseling Service Scholarship Program (in this subchapter referred to as the “Program”).

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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. § 7699 — Eligibility; agreement

Page 1285 TITLE 38—VETERANS’ BENEFITS § 7699 (4) except as provided in subsection (b), to begin such service as a full-time practice em- ployee by not later than 60 days after com- pleting a residency. (b) FELLOWSHIP.—In the case of a participant who receives an accredited fellowship in a med- ical specialty other than a medical specialty de- scribed in section 7692 of this title, the Sec- retary, on written request of the participant, may delay the term of obligated service under subsection (a) for the participant until after the participant completes the fellowship, but in no case later than 60 days after completion of such fellowship. (c) PENALTY.—(1) An employee who does not complete a period of obligated service under this section shall owe the Federal Government an amount determined in accordance with the fol- lowing formula: A = B × ((T ¥ S) ÷ T). (2) In the formula in paragraph (1): (A) ‘‘A’’ is the amount the employee owes the Federal Government. (B) ‘‘B’’ is the sum of all payments to or for the participant under the Specialty Education Loan Repayment Program. (C) ‘‘T’’ is the number of months in the pe- riod of obligated service of the employee. (D) ‘‘S’’ is the number of whole months of such period of obligated service served by the employee. (Added Pub. L. 115–182, title III, § 303(a), June 6, 2018, 132 Stat. 1465; amended Pub. L. 116–61, § 6(8), Sept. 30, 2019, 133 Stat. 1117.) Editorial Notes AMENDMENTS 2019—Subsec. (c)(1). Pub. L. 116–61 struck out second closing parenthesis before period at end. § 7697. Relationship to Educational Assistance Program Assistance under the Specialty Education Loan Repayment Program may be in addition to other assistance available to individuals under the Educational Assistance Program. (Ad

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

42 U.S.C. § 254b — Health centers

**(a) “Health center” defined** (1) **In general** — For purposes of this section, the term “health center” means an entity that serves a population that is medically underserved, or a special medically underserved population comprised of migratory and seasonal agricultural workers, the homeless, and residents of public housing, by providing, either through the staff and supporting resources of the center or through contracts or cooperative arrangements— (A) required primary health services (as defined in subsection (b)(1)); and (B) as may be appropriate for particular centers, additional health services (as defined in subsection (b)(2)) necessary for the adequate support of the primary health services required under subparagraph (A); for all residents of the area served by the center (hereafter referred to in this section as the “catchment area”). (2) **Limitation** — The requirement in paragraph (1) to provide services for all residents within a catchment area shall not apply in the case of a health center receiving a grant only under subsection (g), (h), or (i). **(b) Definitions** For purposes of this section: (1) **Required primary health services** (A) *In general* — The term “required primary health services” means— (i) basic health services which, for purposes of this section, shall consist of— (I) health services related to family medicine, internal medicine, pediatrics, obstetrics, or gynecology that are furnished by physicians and where appropriate, physician assistants, nurse practitioners, and nurse midwives; (II) diagnostic laboratory and radiologic services; (III) preventive health services, including— (aa) prenatal and perinatal services; (bb) appropriate cancer screening; (cc) well-chil

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

42 U.S.C. § 254b — Health centers

Page 340 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 254b Health Service for the year in which such pro- ceeds are received. (July 1, 1944, ch. 373, title III, § 327A, formerly § 328, as added Pub. L. 90–174, § 7, Dec. 5, 1967, 81 Stat. 539; renumbered § 327A, Pub. L. 95–626, title I, § 113(a)(2), Nov. 10, 1978, 92 Stat. 3562; amended Pub. L. 100–607, title VI, § 629(a)(1), Nov. 4, 1988, 102 Stat. 3146.) Editorial Notes AMENDMENTS 1988—Subsec. (b)(1). Pub. L. 100–607 inserted ‘‘schools of osteopathic medicine,’’ after ‘‘schools of medicine,’’ and ‘‘professions’’ after ‘‘health’’. Statutory Notes and Related Subsidiaries AVAILABILITY OF APPROPRIATIONS FOR EXPENSES OF SHARING MEDICAL CARE FACILITIES AND RESOURCES Pub. L. 102–394, title II, § 204, Oct. 6, 1992, 106 Stat. 1811, provided that: ‘‘Funds advanced to the National Institutes of Health Management Fund from appropria- tions in this Act or subsequent Departments of Labor, Health and Human Services, and Education, and Re- lated Agencies Appropriations Acts shall be available for the expenses of sharing medical care facilities and resources pursuant to section 327A of the Public Health Service Act [42 U.S.C. 254a].’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 102–170, title II, § 204, Nov. 26, 1991, 105 Stat. 1126. Pub. L. 101–517, title II, § 204, Nov. 5, 1990, 104 Stat. 2208. Pub. L. 101–166, title II, § 205, Nov. 21, 1989, 103 Stat. 1177. Pub. L. 100–202, § 101(h) [title II, § 205], Dec. 22, 1987, 101 Stat. 1329–256, 1329–274. Pub. L. 99–500, § 101(i) [H.R. 5233, title II, § 205], Oct. 18, 1986, 100 Stat. 1783–287, and Pub. L. 99–591, § 101(i) [H.R. 5233, title II, § 205], Oct. 30, 1986, 100 Stat. 3341–287. Pub. L. 99–178, title II, § 205, Dec.

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