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38 U.S.C. § 7504 (VETERANS’ BENEFITS)
§ 7504. Agreement
An agreement between the Secretary and a participant in the scholarship program under this chapter shall be in writing, shall be signed by the participant, and shall include—
(1) the Secretary’s agreement to provide the participant with financial assistance as authorized under this chapter;
(2) the participant’s agreement—
(A) to accept such financial assistance;
(B) to maintain enrollment and attendance in the program of study described in section 7501(a)(1) of this title;
(C) while enrolled in such program, to maintain an acceptable level of academic standing (as determined by the educational institution offering such program under regulations prescribed by the Secretary); and
(D) after completion of the program, to serve as a full-time employee in the Department for a period of three years, to be served within the first six years after the participant has completed such program and received a degree or certificate described in section 7501(a)(1) of this title; and
(3) any other terms and conditions that the Secretary considers appropriate for carrying out this chapter.
(Added Pub. L. 111–163, title III, § 302(a), May 5, 2010, 124 Stat. 1148.)
38 U.S.C. § 7505 (VETERANS’ BENEFITS)
§ 7505. Repayment for failure to satisfy requirements of agreement
(a) In General.—
An individual who receives educational assistance under the scholarship program under this chapter shall repay to the Secretary an amount equal to the unearned portion of such assistance if the individual fails to satisfy the requirements of the agreement entered into under section 7504 of this title, except in circumstances authorized by the Secretary.
(b) Amount of Repayment.—
The Secretary shall establish, by regulations, procedures for determining the amount of the repayment required under this section and the circumstances under which an exception to the required repayment may be granted.
(c) Waiver or Suspension of Compliance.—
The Secretary shall prescribe regulations providing for the waiver or suspension of any obligation of an individual for service or payment under this chapter (or an agreement under this chapter) whenever—
(1) noncompliance by the individual is due to circumstances beyond the control of the individual; or
(2) the Secretary determines that the waiver or suspension of compliance is in the best interest of the United States.
(d) Obligation as Debt to United States.—
An obligation to repay the Secretary under this section is, for all purposes, a debt owed the United States. A discharge in bankruptcy under title 11 does not discharge a person from such debt if the discharge order is entered less than five years after the date of the termination of the agreement or contract on which the debt is based.
(Added Pub. L. 111–163, title III, § 302(a), May 5, 2010, 124 Stat. 1148.)
38 U.S.C. § 7602 (VETERANS’ BENEFITS)
§ 7602. Eligibility
(a)
(1) To be eligible to participate in the Educational Assistance Program under subchapter II, III, or VI 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 education or training for which a scholarship may be awarded under subchapter II of this chapter, for which tuition reimbursement may be provided under subchapter III of this chapter, or for which a scholarship may be awarded under subchapter VI of this chapter, as the case may be.
(2) A qualifying educational institution for purposes of this section is an educational institution 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 Program under subchapter II, III, or VI of this chapter if the individual is obligated under any other Federal program to perform service after completion of the course of education or training 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.)
heading: Amendments
text: 1998—Subsec. (a)(1). Pub. L. 105–368, § 805(2)(A), substituted “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 scholarship may be awarded under subchapter VI of this chapter, 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 “Educational Assistance Program”.
38 U.S.C. § 7611 (VETERANS’ BENEFITS)
§ 7611. Authority for program
As part of the Educational Assistance Program, the Secretary shall carry out a scholarship program under this subchapter. The program shall be known as the Department of Veterans 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.)
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 4311 of this title as this section.
Pub. L. 102–83 substituted “Secretary” for “Administrator” and “Department of Veterans Affairs” for “Veterans’ Administration”.
heading: Submission of Overdue Report
text: Pub. L. 105–114, title II, § 207(b), Nov. 21, 1997, 111 Stat. 2289, provided that: “The Secretary of Veterans Affairs shall submit to Congress not later than 180 days after the date of the enactment of this Act [Nov. 21, 1997] the report evaluating the operation of the health professional scholarship program required to be submitted not later than March 31, 1997, under section 202(b) of Public Law 104–110 (110 Stat. 770) [set out below].”
heading: Health Professional Scholarship Program
text: Pub. L. 104–110, title II, § 202(b), Feb. 13, 1996, 110 Stat. 770, provided that:
“(1) The Secretary shall submit to Congress, not later than March 31, 1997, a report setting forth the results of a study evaluating the operation of the health professional scholarship program under subchapter II of chapter 76 of title 38, United States Code. The study shall evaluate the efficacy of the program with respect to recruitment and retention of health care personnel for the Department of Veterans Affairs and shall compare the costs and benefits of the program with the costs and benefits of alternative methods of ensuring adequate recruitment and retention of such personnel.
“(2) The Secretary shall carry out the study under this paragraph through a private contractor. The report under paragraph (1) shall include the report of the contractor and the comments, if any, of the Secretary on that report.”
38 U.S.C. § 7613 (VETERANS’ BENEFITS)
§ 7613. Scholarship
(a) A scholarship provided to a participant in the Scholarship Program for a school year under the Scholarship Program shall consist of payment of the tuition of the participant for that school year, payment of other reasonable educational expenses (including fees, books, and laboratory expenses) for that school year, and a stipend determined under subsection (b) of this section.
(b) A stipend under this section for a school year shall be payment to the participant of not in excess of $485 per month (adjusted in accordance with section 7631 of this title) for each of the 12 consecutive months beginning with the first month of the school year, except that a stipend may not be paid to a participant who is a full-time employee of the Department. The stipend of a participant who is a part-time student shall be adjusted as provided in sections 7614(1) and 7614(2) of this title.
(c) The Secretary may arrange with an educational institution in which a participant in the Scholarship Program is enrolled for the payment to the educational institution of the amounts of tuition and other reasonable educational expenses described in subsection (a) of this section. Such payments may be made without regard to subsections (a) and (b) of section 3324 of title 31.
(Added Pub. L. 100–322, title II, § 216(b), May 20, 1988, 102 Stat. 521, § 4313; renumbered § 7613 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.)
heading: Amendments
text: 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 4313 of this title as this section.
Subsec. (b). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.
Pub. L. 102–40, § 402(d)(1), substituted “7631” for “4331” and “7614(1) and 7614(2)” for “4314(1) and “4314(2)”.
Subsec. (c). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
38 U.S.C. § 7614 (VETERANS’ BENEFITS)
§ 7614. Part-time students
In the case of a participant who is a part-time student—
(1) the maximum amount of the stipend payable to the participant shall be reduced in accordance with the proportion that the number of credit hours carried by such participant bears to the number of credit hours required to be carried by a full-time student in the course of education or training being pursued by the participant;
(2) a stipend may not be paid for any month during which the participant is not actually attending the course of training in which the participant is enrolled; and
(3) the Secretary may extend the period for which a scholarship may be awarded to the participant to a maximum of six school years if the Secretary determines that the extension would be in the best interest of the United States.
(Added Pub. L. 100–322, title II, § 216(b), May 20, 1988, 102 Stat. 522, § 4314; renumbered § 7614, 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.)
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 4314 of this title as this section.
Par. (3). Pub. L. 102–83 substituted “Secretary” for “Administrator” in two places.
38 U.S.C. § 7615 (VETERANS’ BENEFITS)
§ 7615. Status of participants
Participants in the Scholarship Program shall not by reason of their participation in such program (1) be considered to be employees of the Federal Government, or (2) be counted against any personnel ceiling affecting the Veterans Health Administration.
(Added Pub. L. 100–322, title II, § 216(b), May 20, 1988, 102 Stat. 522, § 4315; renumbered § 7615, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 103–446, title XII, § 1201(b)(1), Nov. 2, 1994, 108 Stat. 4682.)
heading: Amendments
text: 1994—Pub. L. 103–446 substituted “Veterans Health Administration” for “Department of Medicine and Surgery”.
1991—Pub. L. 102–40 renumbered section 4315 of this title as this section.
38 U.S.C. § 7618 (VETERANS’ BENEFITS)
§ 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 graduation and completion of necessary certifications, and to actively assist and monitor graduates to ensure certifications are obtained in a minimal amount of time following graduation.
(b) Clinical Tours.—
The Secretary shall require participants in the Scholarship Program to perform clinical tours in assignments or locations determined by the Secretary while the participants are enrolled in the course of education 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 Program, 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.)
heading: References in Text
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.
heading: Prior Provisions
text: A prior section 7618 was renumbered section 7619 of this title.
38 U.S.C. § 7619 (VETERANS’ BENEFITS)
§ 7619. Expiration of program
The Secretary may not furnish scholarships to new participants in the Scholarship Program after December 31, 2014.
(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.)
heading: Amendments
text: 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 “Administrator”.
heading: Ratification of Actions During Period of Expired Authority
text: 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 action, see section 103 of Pub. L. 104–110, set out as a note under section 1710 of this title.
38 U.S.C. § 7621 (VETERANS’ BENEFITS)
§ 7621. Authority for program
As part of the Educational Assistance Program, the Secretary shall carry out a tuition reimbursement program under this subchapter. The program shall be known as the Department of Veterans Affairs Nurse Education Tuition Reimbursement Program (hereinafter in this chapter 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.)
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 4321 of this title as this section.
Pub. L. 102–83 substituted “Secretary” for “Administrator” and “Department of Veterans Affairs” for “Veterans’ Administration”.
38 U.S.C. § 7623 (VETERANS’ BENEFITS)
§ 7623. Obligated service
(a) Each participant in the Tuition Reimbursement Program shall provide service in the full-time clinical practice of such participant’s profession as a full-time employee of the Department 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 participant’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 Reimbursement Program fails to successfully complete a course, no reimbursement will be provided 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 duration 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 becomes 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 Reimbursement 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.)
heading: Amendments
text: 1994—Subsec. (b). Pub. L. 103–446 substituted “Veterans Health Administration” for “Department of Medicine 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)”.
38 U.S.C. § 7624 (VETERANS’ BENEFITS)
§ 7624. Breach of agreement: liability
(a) A participant in the Tuition Reimbursement Program who fails to maintain employment 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 behalf of the participant under the agreement, reduced by the proportion that the number of days served for completion of the service obligation 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 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. 527, § 4324; amended Pub. L. 100–687, div. B, title XV, § 1503(a)(4), Nov. 18, 1988, 102 Stat. 4134; renumbered § 7624, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 404.)
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 4324 of this title as this section.
Subsec. (a). Pub. L. 102–83 substituted “Department” for “Veterans’ Administration” in two places in introductory provisions.
1988—Subsec. (a)(2). Pub. L. 100–687, § 1503(a)(4)(A), substituted “participation in the program” for “completion of a course or courses in a previous semester or quarter”, inserted “or is payable” after “has been paid”, and inserted before period at end “, reduced by the proportion that the number of days served for completion of the service obligation bears to the total number of days in the participant’s period of obligated service”.
Subsec. (b). Pub. L. 100–687, § 1503(a)(4)(B), struck out par. (1) which related to formula to apply to recover amount from participant who breaches agreement by failing to complete period of obligated service, and struck out par. (2) designation before “Any amount”.
38 U.S.C. § 7625 (VETERANS’ BENEFITS)
§ 7625. Allocation and distribution of funding
In determining the amount of funding to allocate to Department health-care facilities for any fiscal year in connection with the Tuition Reimbursement Program, the Secretary shall take into account (1) the personnel ceiling for that fiscal year for nursing personnel, and (2) the recruitment and retention needs of such facilities, as determined by the Secretary.
(Added Pub. L. 100–322, title II, § 216(b), May 20, 1988, 102 Stat. 527, § 4325; renumbered § 7625, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 4325 of this title as this section.
Pub. L. 102–83 substituted “Secretary” for “Administrator” in two places and substituted “Department” for “Veterans’ Administration”.
38 U.S.C. § 7633 (VETERANS’ BENEFITS)
§ 7633. Regulations
The Secretary shall prescribe regulations to carry out the Educational Assistance Program.
(Added Pub. L. 100–322, title II, § 216(b), May 20, 1988, 102 Stat. 529, § 4333; renumbered § 7633, 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.)
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 4333 of this title as this section.
Pub. L. 102–83 substituted “Secretary” for “Administrator”.
38 U.S.C. § 7634 (VETERANS’ BENEFITS)
§ 7634. Breach of agreement; waiver of liability
(a) An obligation under the Educational Assistance Program (or an agreement under the program) of a participant in the Educational Assistance Program for performance of services or payment of damages is canceled upon the death of the participant.
(b) The Secretary shall prescribe regulations providing for the waiver or suspension of any obligation of a participant for service or payment under the Educational Assistance Program (or an agreement under the program) whenever noncompliance by the participant is due to circumstances beyond the control of the participant or whenever the Secretary determines that the waiver or suspension of compliance is in the best interest of the United States.
(c) An obligation of a participant under the Educational Assistance Program (or an agreement thereunder) for payment of damages may not be released by a discharge in bankruptcy under title 11 before the expiration of the five-year period beginning on the first date the payment of such damages is due.
(Added Pub. L. 100–322, title II, § 216(b), May 20, 1988, 102 Stat. 529, § 4334; renumbered § 7634, 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.)
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 4334 of this title as this section.
Subsec. (b). Pub. L. 102–83 substituted “Secretary” for “Administrator” in two places.