38 U.S.C. § 7623 — Obligated service

Page 1273 TITLE 38—VETERANS’ BENEFITS § 7624 may not exceed $2,000 per year (adjusted in ac- cordance with section 7631 of this title). (e) The Secretary may arrange with an edu- cational institution pursuant to which such an institution would provide a course or courses at a Department health-care facility to partici- pants 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 par- ticipant would receive for enrolling and success- fully completing such course. (Added Pub. L. 100–322, title II, § 216(b), May 20, 1988, 102 Stat. 525, § 4322; renumbered § 7622 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–54, § 14(e)(9), June 13, 1991, 105 Stat. 287; Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 103–446, title XII, § 1201(b), Nov. 2, 1994, 108 Stat. 4682.) Editorial Notes AMENDMENTS 1994—Subsecs. (b)(1), (c)(2)(A). Pub. L. 103–446, § 1201(b)(1), substituted ‘‘Veterans Health Administra- tion’’ for ‘‘Department of Medicine and Surgery’’. Subsec. (c)(2)(B). Pub. L. 103–446, § 1201(b)(2), sub- stituted ‘‘the Veterans Health Administration’’ for ‘‘such Department’’. 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 4322 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’ in two places. Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ in two places in in- troductory provisions. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’ in introductory provi- sions. Pub. L. 102–40, § 402(d)(1), substituted ‘‘7603(d)’’ for ‘‘4303(d)’’. Subsec. (c). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ in introductory pro- visions and in par. (1) and ‘‘Secretary’s’’ for ‘‘Adminis- trator’s’’ in par. (1). Pub. L. 102–40, § 402(d)(1), substituted ‘‘7604’’ for ‘‘4304’’ in introductory provisions. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’ in two places in par. (2)(A). Subsec. (d). Pub. L. 102–54 amended subsec. (d) as in effect immediately before the enactment of Pub. L. 102–40 by inserting an open parenthesis before ‘‘ad- justed in’’. Pub. L. 102–40, § 402(d)(1), substituted ‘‘7631’’ for ‘‘4331’’. Subsec. (e). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ in two places. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’. § 7623. Obligated service (a) Each participant in the Tuition Reimburse- ment Program shall provide service in the full- time clinical practice of such participant’s pro- fession as a full-time employee of the Depart- ment for the period of obligated service provided in the agreement of such participant entered into under section 7603 of this title. (b) A participant who on such participant’s course completion date is a full-time employee in the Veterans Health Administration shall be considered to have begun serving such partici- pant’s period of obligated service on the course completion date. (c) Except in the case of a participant whose tuition was paid pursuant to section 7622(e) of this title, if a participant in the Tuition Reim- bursement Program fails to successfully com- plete a course, no reimbursement will be pro- vided and no period of obligated service will be incurred. (d) In the case of a participant whose tuition was paid pursuant to section 7622(e) of this title and who fails to complete the course involved, the period of obligation shall be of the same du- ration as it would have been if the participant had successfully completed the course and the course completion date shall be considered to be the date on which the participant’s failure be- comes an established fact. (e) For the purposes of this section, the term ‘‘course completion date’’ means the date on which a participant in the Tuition Reimburse- ment Program completes such participant’s course of training under the program. (Added Pub. L. 100–322, title II, § 216(b), May 20, 1988, 102 Stat. 526, § 4323; amended Pub. L. 100–687, div. B, title XV, § 1503(a)(3), Nov. 18, 1988, 102 Stat. 4134; renumbered § 7623 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), Aug. 6, 1991, 105 Stat. 404; Pub. L. 103–446, title XII, § 1201(b)(1), Nov. 2, 1994, 108 Stat. 4682.) Editorial Notes AMENDMENTS 1994—Subsec. (b). Pub. L. 103–446 substituted ‘‘Vet- erans Health Administration’’ for ‘‘Department of Med- icine and Surgery’’. 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 4323 of this title as this section. Subsec. (a). Pub. L. 102–83 substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’. Pub. L. 102–40, § 402(d)(1), substituted ‘‘7603’’ for ‘‘4303’’. Subsecs. (c), (d). Pub. L. 102–40, § 402(d)(1), substituted ‘‘7622(e)’’ for ‘‘4322(e)’’. 1988—Subsecs. (c), (d). Pub. L. 100–687 substituted ‘‘4322(e)’’ for ‘‘4322(f)’’. § 7624. Breach of agreement: liability (a) A participant in the Tuition Reimburse- ment Program who fails to maintain employ- ment as a Department employee permanently assigned to a Department health-care facility— (1) may not be provided reimbursement for tuition for the course or courses in which the participant is enrolled; and (2) in lieu of any service obligation arising from participation in the program, shall be liable to the United States for the amount which has been paid or is payable to or on be- half of the participant under the agreement, reduced by the proportion that the number of days served for completion of the service obli- gation bears to the total number of days in the participant’s period of obligated service. (b) Any amount of damages which the United States is entitled to recover under this section shall be paid to the United States within the