Page:United States Statutes at Large Volume 102 Part 1.djvu/557

 PUBLIC LAW 100-322—MAY 20, 1988

102 STAT. 519

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 Department of Medicine and Surgery. "(2) The Administrator 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 Administrator 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. "§ 4304. Terms of agreement 38 USC 4304. "An agreement between the Administrator 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 Administrator's agreement— "(A) to provide the participant with educational assistance as authorized in subchapter II or III of this chapter and specified in the agreement; and "(B) to afford the participant the opportunity for employment in the Department of Medicine and Surgery (subject to the availability of appropriated funds for such purpose and other qualifications established in accordance with section 4105 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 Administrator); and "(D) after completion of the course of training, to serve as a full-time employee in the Department of Medicine and Surgery as specified in the agreement in accordance with subchapter II or III 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 or III of this chapter or as the Administrator may require consistent with the provisions of this chapter.

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