
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC7604]

 
                      TITLE 38--VETERANS' BENEFITS
 
              PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
 
     CHAPTER 76--HEALTH PROFESSIONALS EDUCATIONAL ASSISTANCE PROGRAM
 
                          SUBCHAPTER I--GENERAL
 
Sec. 7604. Terms of agreement

    An agreement between the Secretary and a participant in the 
Educational Assistance Program shall be in writing, shall be signed by 
the participant, and shall include the following provisions:
        (1) The Secretary's agreement--
            (A) to provide the participant with educational assistance 
        as authorized in subchapter II, III, V, or VI of this chapter 
        and specified in the agreement; and
            (B) to afford the participant the opportunity for employment 
        in the Veterans Health Administration (subject to the 
        availability of appropriated funds for such purpose 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 maintain an acceptable 
        level of academic standing (as determined by the educational 
        institution offering such course of training under regulations 
        prescribed by the Secretary); and
            (D) after completion of the course of training, to serve as 
        a full-time employee in the Veterans Health Administration as 
        specified in the agreement in accordance with subchapter II, 
        III, V, or VI of this chapter.

        (3) A provision that any financial obligation of the United 
    States arising out of an agreement entered into under this chapter, 
    and any obligation of the participant which is conditioned on such 
    agreement, is contingent upon funds being appropriated for 
    educational assistance 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 included in the 
    agreement under subchapter II, III, V, or VI of this chapter or as 
    the Secretary may require consistent with the provisions of this 
    chapter.

(Added Pub. L. 100-322, title II, Sec. 216(b), May 20, 1988, 102 Stat. 
519, Sec. 4304; amended Pub. L. 101-366, title II, Sec. 205(c)(3), Aug. 
15, 1990, 104 Stat. 441; renumbered Sec. 7604 and amended Pub. L. 102-
40, title IV, Secs. 402(b)(1), 403(b)(3), May 7, 1991, 105 Stat. 238, 
239; Pub. L. 102-83, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 
405; Pub. L. 103-446, title XII, Sec. 1201(b)(1), (e)(26), Nov. 2, 1994, 
108 Stat. 4682, 4686; Pub. L. 105-368, title VIII, Sec. 805(4), Nov. 11, 
1998, 112 Stat. 3359.)


                               Amendments

    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, Sec. 1201(e)(26), substituted ``subchapter 
II'' for ``subchapters II'' in pars. (1)(A), (2)(D), and (5).
    Pub. L. 103-446, Sec. 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, Sec. 402(b)(1), renumbered section 4304 of 
this title as this section.
    Pub. L. 102-83 substituted ``Secretary'' for ``Administrator'' and 
``Secretary's'' for ``Administrator's'' wherever appearing.
    Pub. L. 102-40, Sec. 403(b)(3), substituted ``7402'' for ``4105'' in 
par. (1)(B).
    1990--Pars. (1)(A), (2)(D), (5). Pub. L. 101-366 substituted 
``subchapters II, III, or V'' for ``subchapter II or III''.

                  Section Referred to in Other Sections

    This section is referred to in sections 7603, 7612, 7622, 7672 of 
this title.
