Application and acceptance

38 U.S.C. § 7603

• Title: 38 — Veterans' Benefits
• Chapter: SUBCHAPTER I—GENERAL

Text

(a)(1) To apply to participate in the Educational Assistance Program under subchapter II, III, V, VI, VIII, or IX of this chapter, an individual shall submit to the Secretary an application 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 agreement in return for payment of educational assistance 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 Secretary 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 application and the Secretary's acceptance of the agreement (if required).
(2) Upon the Secretary's approval of an individual's participation in the program, the Secretary 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 participate in the Educational Assistance Program, the Secretary shall include with such forms the following:
(A) A fair summary of the rights and liabilities of an individual whose application is approved (and whose agreement is accepted) by the Secretary, including a clear explanation of the damages to which the United States is entitled if the individual breaches the agreement.
(B) A full description of the terms and conditions that apply to participation in the Educational Assistance Program and service in the Veterans Health Administration.
(2) The Secretary shall make such application forms and other information available to individuals desiring to participate in the Educational Assistance Program on a date sufficiently 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 Secretary shall give priority to the applications of individuals who have previously received educational assistance under the program and have not completed the course of education or training undertaken under such program.

History

(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

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 "subchapter" for "subsection".
1998—Subsec. (a). Pub. L. 105–368, §805(3)(A), designated existing provisions as par. (1), substituted "To apply to participate in the Educational Assistance Program under subsection II, III, V, or VI of this chapter," for "To apply to participate in the Educational Assistance 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 substituted "Veterans Health Administration" for "Department 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 "Secretary" for "Administrator" and "Secretary's" for "Administrator's" wherever appearing.