38 U.S.C. § 7618 — Additional program requirements

Page 1271 TITLE 38—VETERANS’ BENEFITS § 7618 cational institution in which the participant is enrolled (as determined by the educational institution under regulations prescribed by the Secretary). (2) The participant is dismissed from such educational institution for disciplinary rea- sons. (3) The participant voluntarily terminates the course of training in such educational in- stitution before the completion of such course of training. (4) In the case of a participant who is en- rolled in a program or education or training leading to employment as a physician, the participant fails to successfully complete post- graduate training leading to eligibility for board certification in a specialty. (5) The participant fails to become licensed to practice medicine, osteopathy, dentistry, podiatry, or optometry in a State, fails to be- come licensed as a registered nurse in a State, or fails to meet any applicable licensure re- quirement in the case of any other health-care personnel who provide either direct patient- care services or services incident to direct pa- tient-care services, during a period of time de- termined under regulations prescribed by the Secretary. (6) In the case of a participant who is a part- time student, the participant fails to maintain employment, while enrolled in the course of training being pursued by such participant, as a Department employee permanently assigned to a Department health-care facility. Liability under this subsection is in lieu of any service obligation arising under the partici- pant’s agreement. (c)(1) If a participant in the Scholarship Pro- gram breaches the agreement by failing (for any reason) to complete such participant’s period of obligated service, the United States shall be en- titled to recover from the participant an amount determined in accordance with the fol- lowing formula: t¥s A=3Φ +——, t In such formula: (A) ‘‘A’’ is the amount the United States is entitled to recover. (B) ‘‘Φ’’ is the sum of (i) the amounts paid under this subchapter to or on behalf of the participant, and (ii) the interest on such amounts which would be payable if at the time the amounts were paid they were loans bear- ing interest at the maximum legal prevailing rate, as determined by the Treasurer of the United States. (C) ‘‘t’’ is the total number of months in the participant’s period of obligated service, in- cluding any additional period of obligated service in accordance with section 7616(b)(4) of this title. (D) ‘‘s’’ is the number of months of such pe- riod served by the participant in accordance with section 7613 of this title. (2) Any amount of damages which the United States is entitled to recover under this section shall be paid to the United States within the one-year period beginning on the date of the breach of the agreement. (Added Pub. L. 100–322, title II, § 216(b), May 20, 1988, 102 Stat. 524, § 4317; renumbered § 7617 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 115–182, title III, § 301(b), June 6, 2018, 132 Stat. 1463.) Editorial Notes AMENDMENTS 2018—Subsec. (b)(4) to (6). Pub. L. 115–182, which di- rected addition of par. (4) and redesignation of former pars. (4) and (5) as pars. (5) and (6), respectively, with- out specifying the subsec. amended, was executed to subsec. (b) to reflect the probable intent of Congress. 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 4317 of this title as this section. Subsec. (a). Pub. L. 102–40, § 402(d)(1), substituted ‘‘7603’’ for ‘‘4303’’. Subsec. (b)(1), (4). Pub. L. 102–83, § 4(b)(1), (2)(E), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’. Subsec. (b)(5). Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’ in two places. Subsec. (c)(1). Pub. L. 102–40, § 402(d)(1), substituted ‘‘7616(b)(4)’’ for ‘‘4316(b)(4)’’ in subpar. (C) and ‘‘7613’’ for ‘‘4313’’ in subpar. (D). § 7618. Additional program requirements (a) PROGRAM MODIFICATION.—Notwithstanding any provision of this subchapter, the Secretary shall carry out this subchapter after the date of the enactment of this section by modifying the Scholarship Program in such a manner that the program and hiring processes are designed to fully employ Scholarship Program graduates as soon as possible, if not immediately, upon grad- uation and completion of necessary certifi- cations, and to actively assist and monitor grad- uates to ensure certifications are obtained in a minimal amount of time following graduation. (b) CLINICAL TOURS.—The Secretary shall re- quire participants in the Scholarship Program to perform clinical tours in assignments or loca- tions determined by the Secretary while the participants are enrolled in the course of edu- cation or training for which the scholarship is provided. (c) MENTORS.—The Secretary shall ensure that at the commencement of the period of obligated service of a participant in the Scholarship Pro- gram, the participant is assigned to a mentor who is employed in the same facility where the participant performs such service. (Added Pub. L. 111–163, title VI, § 603(c)(2), May 5, 2010, 124 Stat. 1173.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 111–163, which was approved May 5, 2010. PRIOR PROVISIONS A prior section 7618 was renumbered section 7619 of this title. 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 of Veterans Affairs before Feb. 13, 1996, under provision of law amended by title I of Pub. L. 104–110 that was taken during period beginning on date on which authority of Secretary under such provision of law expired and ending on Feb. 13, 1996, considered to have same force and effect as if such amendment had been in effect at time of that ac- tion, see section 103 of Pub. L. 104–110, set out as a note under section 1710 of this title. SUBCHAPTER III—TUITION REIMBURSEMENT PROGRAM § 7621. Authority for program As part of the Educational Assistance Pro- gram, the Secretary shall carry out a tuition re- imbursement program under this subchapter. The program shall be known as the Department of Veterans Affairs Nurse Education Tuition Re- imbursement Program (hereinafter in this chap- ter referred to as the ‘‘Tuition Reimbursement Program’’). (Added Pub. L. 100–322, title II, § 216(b), May 20, 1988, 102 Stat. 525, § 4321; renumbered § 7621, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102–83, § 4(a)(2)(B)(vi), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–40 renumbered section 4321 of this title as this section. Pub. L. 102–83 substituted ‘‘Secretary’’ for ‘‘Adminis- trator’’ and ‘‘Department of Veterans Affairs’’ for ‘‘Veterans’ Administration’’. § 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 perma- nently assigned to a Department health-care fa- cility and must be enrolled in a course of train- ing 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 Sec- retary (in addition to according priorities as set forth in section 7603(d) of this title) shall give special consideration and emphasis to individ- uals pursuing a course of study which will expe- dite an increase in the number of registered nurses employed by the Department. The Sec- retary 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 Re- imbursement Program. (c) An agreement between the Secretary and a participant in the Tuition Reimbursement Pro- gram shall (in addition to the requirements set forth in section 7604 of this title) contain the following: (1) The Secretary’s agreement to provide the participant with tuition reimbursement fol- lowing successful completion (as determined, pursuant to regulations prescribed by the Sec- retary, by the educational institution in- volved) 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 in- volved includes a statement specifying such prerequisites. (2) The participant’s agreement— (A) to maintain employment, while en- rolled in the course of training being pur- sued by such participant, as a full-time De- partment employee in the Veterans Health Administration permanently assigned to a Department health-care facility; and (B) to continue to serve as a full-time em- ployee in the Veterans Health Administra- tion for one year (hereinafter in this sub- chapter referred to as the ‘‘period of obli- gated service’’) after completion of the course for which the participant received tuition reimbursement. (d) Tuition reimbursement provided to a par- ticipant in the Tuition Reimbursement Program