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38 U.S.C. § 7603Application and acceptance

submitted 38 years ago by Pub. L. 100-322 to r/title-38-VETERANS-BENEFITS · 345 words · no verdicts yet

in plain englishAI-generated · not legal advice

To join the VA's Educational Assistance Program, most applicants must submit an application along with a signed service agreement; applicants under subchapter VII just apply. The Secretary must clearly explain applicants' rights, obligations, and breach damages in advance, and must give priority to people who received the assistance before but didn't finish their training.

(a) (1) To apply to participate under subchapter II, III, V, VI, VIII, or IX, a person must submit to the Secretary an application together with a signed agreement, described in section 7604, in which the participant agrees to serve an obligated period in the Veterans Health Administration, in return for the educational assistance the agreement provides. (2) To apply under subchapter VII, a person just submits an application to the Secretary — no agreement is required. (b) (1) A person becomes a participant once the Secretary approves their application and accepts their agreement, if one is required. (2) When the Secretary approves someone's participation, the Secretary must promptly notify that person in writing. (c) (1) When distributing application and agreement forms, the Secretary must include with them (A) a fair summary of the rights and obligations of someone whose application is approved and agreement accepted, including a clear explanation of the damages the United States is entitled to if the participant breaches the agreement, and (B) a full description of the terms and conditions that apply to participating in the program and serving in the Veterans Health Administration. (2) The Secretary must make these forms and other information available early enough for applicants to have adequate time to prepare and submit them. (d) When selecting applicants to accept into the program, the Secretary must give priority to people who previously received educational assistance under the program but did not complete their course of education or training.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1988Enacted · Pub. L. 100-322 · 102 Stat. 518
  • 1991Amended · Pub. L. 102-40 · 105 Stat. 238, 239
  • 1991Amended · Pub. L. 102-83 · 105 Stat. 404, 405
  • 1994Amended · Pub. L. 103-446 · 108 Stat. 4682
  • 1998Amended · Pub. L. 105-368 · 112 Stat. 3359
  • 2000Amended · Pub. L. 106-419 · 114 Stat. 1865
  • 2018Amended · Pub. L. 115-182 · 132 Stat. 1466
  • 2020Amended · Pub. L. 116-171 · 134 Stat. 818

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-322 on 1988-05-20.

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