38 U.S.C. § 7604 — Terms of agreement

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 Page 1266 TITLE 38—VETERANS’ BENEFITS § 7611 participant, and shall include the following pro- visions: (1) The Secretary’s agreement— (A) to provide the participant with edu- cational assistance as authorized in sub- chapter II, III, V, VI, VIII, or IX of this chap- ter and specified in the agreement; and (B) to afford the participant the oppor- tunity for employment in the Veterans Health Administration (subject to the avail- ability of appropriated funds for such pur- pose and other qualifications established in accordance with section 7402 of this title). (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 main- tain an acceptable level of academic stand- ing (as determined by the educational insti- tution offering such course of training under regulations prescribed by the Secretary); and (D) after completion of the course of train- ing, to serve as a full-time employee in the Veterans Health Administration as specified in the agreement in accordance with sub- chapter II, III, V, VI, VIII, or IX of this chap- ter. (3) A provision that any financial obligation of the United States arising out of an agree- ment entered into under this chapter, and any obligation of the participant which is condi- tioned on such agreement, is contingent upon funds being appropriated for educational as- sistance 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 agreement. (5) Such other terms as are required to be in- cluded in the agreement under subchapter II, III, V, VI, VIII, or IX of this chapter or as the Secretary may require consistent with the provisions of this chapter. (Added Pub. L. 100–322, title II, § 216(b), May 20, 1988, 102 Stat. 519, § 4304; amended Pub. L. 101–366, title II, § 205(c)(3), Aug. 15, 1990, 104 Stat. 441; renumbered § 7604 and amended Pub. L. 102–40, title IV, §§ 402(b)(1), 403(b)(3), 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), (e)(26), Nov. 2, 1994, 108 Stat. 4682, 4686; Pub. L. 105–368, title VIII, § 805(4), Nov. 11, 1998, 112 Stat. 3359; Pub. L. 115–182, title III, § 303(b)(1)(C), June 6, 2018, 132 Stat. 1466; Pub. L. 116–171, title V, § 502(b)(1)(D), Oct. 17, 2020, 134 Stat. 818.) Editorial Notes AMENDMENTS 2020—Pub. L. 116–171 substituted ‘‘VIII, or IX’’ for ‘‘or VIII’’ in pars. (1)(A), (2)(D), and (5). 2018—Pub. L. 115–182 substituted ‘‘VI, or VIII’’ for ‘‘or VI’’ in pars. (1)(A), (2)(D), and (5). 1998—Pub. L. 105–368 substituted ‘‘subchapter II, III, V, or VI’’ for ‘‘subchapter II, III, or V’’ in pars. (1)(A), (2)(D), and (5). 1994—Pub. L. 103–446, § 1201(e)(26), substituted ‘‘sub- chapter II’’ for ‘‘subchapters II’’ in pars. (1)(A), (2)(D), and (5). Pub. L. 103–446, § 1201(b)(1), substituted ‘‘Veterans Health Administration’’ for ‘‘Department of Medicine and Surgery’’ in pars. (1)(B) and (2)(D). 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 4304 of this title as this section. Pub. L. 102–83 substituted ‘‘Secretary’’ for ‘‘Adminis- trator’’ and ‘‘Secretary’s’’ for ‘‘Administrator’s’’ wher- ever appearing. Pub. L. 102–40, § 403(b)(3), substituted ‘‘7402’’ for ‘‘4105’’ in par. (1)(B). 1990—Pars. (1)(A), (2)(D), (5). Pub. L. 101–366 sub- stituted ‘‘subchapters II, III, or V’’ for ‘‘subchapter II or III’’. SUBCHAPTER II—SCHOLARSHIP PROGRAM § 7611. Authority for program As part of the Educational Assistance Pro- gram, the Secretary shall carry out a scholar- ship program under this subchapter. The pro- gram shall be known as the Department of Vet- erans Affairs Health Professional Scholarship Program (hereinafter in this chapter referred to as the ‘‘Scholarship Program’’). (Added Pub. L. 100–322, title II, § 216(b), May 20, 1988, 102 Stat. 520, § 4311; renumbered § 7611, 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 4311 of this title as this section. Pub. L. 102–83 substituted ‘‘Secretary’’ for ‘‘Adminis- trator’’ and ‘‘Department of Veterans Affairs’’ for ‘‘Veterans’ Administration’’. Statutory Notes and Related Subsidiaries EXPANSION OF HEALTH PROFESSIONAL SCHOLARSHIP PROGRAM Pub. L. 117–328, div. V, title I, § 104(a), Dec. 29, 2022, 136 Stat. 5500, provided that: ‘‘Beginning in academic year 2022, the Secretary of Veterans Affairs shall include not fewer than an additional (as compared to academic year 2021) 50 awards per academic year under the De- partment of Veterans Affairs Health Professional Scholarship Program under subchapter II of chapter 76 of title 38, United States Code, for applicants otherwise eligible for such program who are pursuing degrees or training in mental health disciplines, including ad- vanced practice nursing (with a focus on mental health or substance use disorder), psychology, and social work.’’ SUBMISSION OF OVERDUE REPORT Pub. L. 105–114, title II, § 207(b), Nov. 21, 1997, 111 Stat. 2289, required the Secretary of Veterans Affairs to sub- mit to Congress, not later than 180 days after Nov. 21, 1997, the report evaluating the operation of the health professional scholarship program that was required to be submitted not later than Mar. 31, 1997. HEALTH PROFESSIONAL SCHOLARSHIP PROGRAM Pub. L. 104–110, title II, § 202(b), Feb. 13, 1996, 110 Stat. 770, provided that the Secretary was to submit to Con- gress, not later than Mar. 31, 1997, a report setting forth the results of a study evaluating the operation of the health professional scholarship program under this sub- chapter and provided that the study was to evaluate the efficacy of the program with respect to recruitment and retention of health care personnel for the Depart- ment of Veterans Affairs and was to compare the costs and benefits of the program with the costs and benefits