38 U.S.C. § 7622 — Eligibility; application; agreement

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 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