38 U.S.C. § 7602 — Eligibility

Page 1264 TITLE 38—VETERANS’ BENEFITS § 7602 the United States shall be entitled to recover dam- ages in an amount equal to the total amount of such funding received by the veteran. ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to prevent any covered medical school from accepting more than two eligible veterans for the entering class of 2020. ‘‘(f) REPORT TO CONGRESS.—Not later than December 31, 2021, and annually thereafter for the subsequent 3 years, the Secretary shall submit to Congress a report on the pilot program under this section. Such report shall include the evaluation of the Secretary of the suc- cess of the pilot program, including the number of vet- erans who received funding under the program who ma- triculated and an evaluation of the academic progress of such veterans. ‘‘(g) COVERED MEDICAL SCHOOLS.—In this section, the term ‘covered medical school’ means any of the fol- lowing: ‘‘(1) The Teague-Cranston medical schools, con- sisting of— ‘‘(A) Texas A&M College of Medicine; ‘‘(B) Quillen College of Medicine at East Ten- nessee State University; ‘‘(C) Boonshoft School of Medicine at Wright State University; ‘‘(D) Joan C. Edwards School of Medicine at Mar- shall University; and ‘‘(E) University of South Carolina School of Medi- cine. ‘‘(2) Charles R Drew University of Medicine and Science. ‘‘(3) Howard University College of Medicine. ‘‘(4) Meharry Medical College. ‘‘(5) Morehouse School of Medicine.’’ PHYSICIAN ASSISTANT EDUCATION AND TRAINING PILOT PROGRAM FOR FORMER MEMBERS OF THE ARMED FORCES Pub. L. 115–141, div. J, title II, § 246, Mar. 23, 2018, 132 Stat. 823, provided that: ‘‘(a) PILOT PROGRAM.—The Secretary of Veterans Af- fairs shall carry out a pilot program to provide edu- cational assistance to certain former members of the Armed Forces for education and training as physician assistants of the Department of Veterans Affairs. ‘‘(b) ELIGIBLE INDIVIDUALS.—An individual is eligible to participate in the pilot program if the individual— ‘‘(1) has medical or military health experience gained while serving as a member of the Armed Forces; ‘‘(2) has received a certificate, associate degree, baccalaureate degree, master’s degree, or postbaccalaureate training in a science relating to health care; or ‘‘(3) has participated in the delivery of healthcare services or related medical services, including par- ticipation in military training relating to the identi- fication, evaluation, treatment, and prevention of diseases and disorders. ‘‘(c) DURATION.—The pilot program shall be carried out during the 5-year period beginning on the date that is 180 days after the date of the enactment of this Act [Mar. 23, 2018]. ‘‘(d) SELECTION.— ‘‘(1) The Secretary shall select eligible individuals under subsection (b) to participate in the pilot pro- gram. ‘‘(2) In selecting individuals to participate in the pilot program under paragraph (1), the Secretary shall give priority to individuals who agree to be em- ployed as a physician assistant for the Veterans Health Administration at a medical facility of the Department located in a community that— ‘‘(A) is designated as a medically underserved population under section 330(b)(3)(A) of the Public Health Service Act (42 U.S.C. 254b(b)(3)(A)); and ‘‘(B) is in a State with a per capita population of veterans of more than 5 percent according to the National Center for Veterans Analysis and Statis- tics and the United States Census Bureau. ‘‘(e) EDUCATIONAL ASSISTANCE.—In carrying out the pilot program, the Secretary shall provide educational assistance to individuals participating in the pilot pro- gram, including through the use of scholarships, to cover the costs to such individuals of obtaining a mas- ter’s degree in physician assistant studies or a similar master’s degree. ‘‘(f) PERIOD OF OBLIGATED SERVICE.—The Secretary shall enter into an agreement with each individual par- ticipating in the pilot program in which such indi- vidual agrees to be employed as a physician assistant for the Veterans Health Administration for a period of obligated service to be determined by the Secretary. ‘‘(g) BREACH.—An individual who participates in the pilot program and fails to satisfy the period of obli- gated service under subsection (f) shall be liable to the United States, in lieu of such obligated service, for the amount that has been paid or is payable to or on behalf of the individual under the pilot program, reduced by the proportion that the number of days served for com- pletion of the period of obligated service bears to the total number of days in the period of obligated service of such individual. ‘‘(h) REPORT.—Not later than one year after the date of the enactment of this Act [Mar. 23, 2018], the Sec- retary of Veterans Affairs, in collaboration with the Secretary of Labor, the Secretary of Defense, and the Secretary of Health and Human Services, shall submit to Congress a report on the pilot program’s effective- ness of helping to meet the shortage of physician as- sistants employed by the Department.’’ PAYMENTS TO HEALTH-CARE PROFESSIONAL EMPLOYEES FOR TUITION LOANS Pub. L. 102–585, title V, § 523(b), Nov. 4, 1992, 106 Stat. 4959, provided that Secretary of Veterans Affairs could not provide payments to health-care professional em- ployees of Department of Veterans Affairs for payment of tuition loans, prior to repeal by Pub. L. 105–368, title VIII, § 804, Nov. 11, 1998, 112 Stat. 3358. TUITION LOAN PAYMENT PROGRAM Pub. L. 102–389, title I, Oct. 6, 1992, 106 Stat. 1574, pro- vided in part for an appropriation: ‘‘For payment of outstanding tuition loans to Department of Veterans Affairs health care professional employees (excluding physicians and dentists) who agree to remain in service for one year or more, $5,000,000, to remain available until September 30, 1994: Provided, That the Secretary, in order to recruit and retain such employees, may make such payments, not to exceed $3,000 during any calendar year, or $12,000 in total, to any such employee who has an outstanding tuition loan from an edu- cational institution approved by the Secretary that has led to a degree in the health care occupation in which such individual is employed: Provided further, That no payment shall be made in advance: Provided further, That regulations shall be promulgated by the Secretary to implement this program.’’ § 7602. Eligibility (a)(1) To be eligible to participate in the Edu- cational 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 edu- cation or training for which a scholarship may be awarded under subchapter II of this chapter, for which tuition reimbursement may be pro- vided under subchapter III of this chapter, or for which a scholarship may be awarded under sub- chapter VI or IX of this chapter, as the case may be. (2) A qualifying educational institution for purposes of this section is an educational insti- 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 ‘‘Secretary’’ for ‘‘Administrator’’ in pars. (1) and (2). 1990—Subsecs. (a)(1), (b). Pub. L. 101–366 inserted ‘‘under subchapter I or II of this chapter’’ after ‘‘Edu- cational Assistance Program’’. § 7603. Application and acceptance (a)(1) To apply to participate in the Edu- cational Assistance Program under subchapter II, III, V, VI, VIII, or IX of this chapter, an indi- vidual shall submit to the Secretary an applica- tion for such participation together with an agreement described in section 7604 of this title under which the participant agrees to serve a period of obligated service in the Veterans Health Administration as provided in the agree- ment in return for payment of educational as- sistance 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 Sec- retary 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 applica- tion and the Secretary’s acceptance of the agreement (if required). (2) Upon the Secretary’s approval of an indi- vidual’s participation in the program, the Sec- retary 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 par- ticipate in the Educational Assistance Program, the Secretary shall include with such forms the following: (A) A fair summary of the rights and liabil- ities of an individual whose application is ap- proved (and whose agreement is accepted) by the Secretary, including a clear explanation of the damages to which the United States is en- titled if the individual breaches the agree- ment. (B) A full description of the terms and condi- tions that apply to participation in the Edu- cational Assistance Program and service in the Veterans Health Administration. (2) The Secretary shall make such application forms and other information available to indi- viduals desiring to participate in the Edu- cational Assistance Program on a date suffi- ciently early to allow such individuals adequate time to prepare and submit such forms. (d) In selecting applicants for acceptance in the Educational Assistance Program, the Sec- retary shall give priority to the applications of individuals who have previously received edu- cational assistance under the program and have not completed the course of education or train- ing undertaken under such program. (Added Pub. L. 100–322, title II, § 216(b), May 20, 1988, 102 Stat. 518, § 4303; renumbered § 7603 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(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 103–446, title XII, § 1201(b)(1), Nov. 2, 1994, 108 Stat. 4682; Pub. L. 105–368, title VIII, § 805(3), Nov. 11, 1998, 112 Stat. 3359; Pub. L. 106–419, title IV, § 404(a)(10), Nov. 1, 2000, 114 Stat. 1865; Pub. L. 115–182, title III, § 303(b)(1)(B), June 6, 2018, 132 Stat. 1466; Pub. L. 116–171, title V, § 502(b)(1)(C), Oct. 17, 2020, 134 Stat. 818.) Editorial Notes AMENDMENTS 2020—Subsec. (a)(1). Pub. L. 116–171 substituted ‘‘VIII, or IX’’ for ‘‘or VIII’’. 2018—Subsec. (a)(1). Pub. L. 115–182 substituted ‘‘VI, or VIII’’ for ‘‘or VI’’. 2000—Subsec. (a)(1). Pub. L. 106–419 substituted ‘‘sub- chapter’’ for ‘‘subsection’’. 1998—Subsec. (a). Pub. L. 105–368, § 805(3)(A), des- ignated existing provisions as par. (1), substituted ‘‘To apply to participate in the Educational Assistance Pro- gram under subsection II, III, V, or VI of this chapter,’’ for ‘‘To apply to participate in the Educational Assist- ance Program,’’, and added par. (2). Subsec. (b)(1). Pub. L. 105–368, § 805(3)(B), inserted ‘‘(if required)’’ before period at end. 1994—Subsecs. (a), (c)(1)(B). Pub. L. 103–446 sub- stituted ‘‘Veterans Health Administration’’ for ‘‘De- partment of Medicine and Surgery’’. 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 4303 of this title as this section. Subsec. (a). Pub. L. 102–83 substituted ‘‘Secretary’’ for ‘‘Administrator’’. Pub. L. 102–40, § 402(d)(1), substituted ‘‘7604’’ for ‘‘4304’’. Subsecs. (b) to (d). Pub. L. 102–83 substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ and ‘‘Secretary’s’’ for ‘‘Administrator’s’’ wherever appearing. § 7604. Terms of agreement An agreement between the Secretary and a participant in the Educational Assistance Pro- gram shall be in writing, shall be signed by the