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38 U.S.C. § 7672 — Eligibility; agreement

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7672 — Eligibility; agreement

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Source file: Laws/federal/codes/united-states-code/title-38/section-7672-eligibility-agreement--2c2c7b72fc.md
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Source location: Title 38, Chapter 76, § 7672; chapter-076-health-professionals-educational-assistance-program.md

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**(a) Eligibility.—** To be eligible to participate in the Program, an individual must be an eligible Department employee who is accepted for enrollment or enrolled (as described in [section 7602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7602&num=0&edition=prelim)) as a full-time or part-time student in a field of education or training described in subsection (c). **(b) Eligible Department Employees.—** For purposes of subsection (a), an eligible Department employee is any employee of the Department who, as of the date on which the employee submits an application for participation in the Program, has been continuously employed by the Department for not less than one year. **(c) Qualifying Fields of Education or Training.—** A scholarship may be awarded under the Program only for education and training in a field leading to appointment or retention in a position under [section 7401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401&num=0&edition=prelim). **(d) Award of Scholarships.—** Notwithstanding [section 7603(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7603/d&num=0&edition=prelim), the Secretary, in selecting participants in the Program, may award a scholarship only to applicants who have a record of employment with the Veterans Health Administration which, in the judgment of the Secretary, demonstrates a high likelihood that the applicant will be successful in completing such education or training and in employment in such field. **(e) Agreement.—** (1) An agreement between the Secretary and a participant in the Program shall (in addition to the requirements set forth in [section 7604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7604&num=0&edition=prelim)) include the following: (A) The Secretary’s agreement to provide the participant with a scholarship under the Program for a specified number (from one to three) of school years during which the participant pursues a course of education or training described in subsection (c) that meets the requirements set forth in [section 7602(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7602/a&num=0&edition=prelim). (B) The participant’s agreement to serve as a full-time employee in the Veterans Health Administration for a period of time (hereinafter in this subchapter referred to as the “period of obligated service”) determined in accordance with regulations prescribed by the Secretary of up to three calendar years for each school year or part thereof for which the participant was provided a scholarship under the Program, but for not less than 3 years. (C) The participant’s agreement to serve under subparagraph (B) in a Department facility selected by the Secretary. (2) In a case in which an extension is granted under [section 7673(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7673/c/2&num=0&edition=prelim), the number of years for which a scholarship may be provided under the Program shall be the number of school years provided for as a result of the extension. (3) In the case of a participant who is a part-time student, the period of obligated service shall be reduced in accordance with the proportion that the number of credit hours carried by such participant in any such school year bears to the number of credit hours required to be carried by a full-time student in the course of training being pursued by the participant, but in no event to less than 1 year.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7602 — Eligibility

**(a)** (1) To be eligible to participate in the Educational Assistance Program under subchapter II, III, VI, or IX 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 or IX 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, VI, or IX 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.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7401 — Appointments in Veterans Health Administration

There may be appointed by the Secretary such personnel as the Secretary may find necessary for the health care of veterans (in addition to those in the Office of the Under Secretary for Health appointed under [section 7306 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7306&num=0&edition=prelim)), as follows: (1) Physicians, dentists, podiatrists, chiropractors, optometrists, registered nurses, physician assistants, and expanded-function dental auxiliaries. (2) Scientific and professional personnel, such as microbiologists, chemists, and biostatisticians. (3) Audiologists, licensed hearing aid specialists, speech pathologists, and audiologist-speech pathologists, biomedical engineers, certified or registered respiratory therapists, dietitians, licensed physical therapists, licensed practical or vocational nurses, nurse assistants, medical instrument technicians, medical records administrators or specialists, medical records technicians, medical technologists, dental hygienists, dental assistants, nuclear medicine technologists, occupational therapists, occupational therapy assistants, kinesiotherapists, orthotist-prosthetists, pharmacists, pharmacy technicians, physical therapy assistants, prosthetic representatives, psychologists, diagnostic radiologic technologists, therapeutic radiologic technologists, social workers, marriage and family therapists, licensed professional mental health counselors, blind rehabilitation specialists, blind rehabilitation outpatient specialists, statisticians, economists, informaticists, data scientists, and and 11 So in original. such other classes of health care occupations as the Secretary considers necessary for the recruitment and retention needs of the Department subject to the followin

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 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, VI, VIII, or IX 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7402&num=0&edition=prelim)). (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, VI, VIII, or IX 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 agree

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7672 — Eligibility; agreement

Page 1278 TITLE 38—VETERANS’ BENEFITS § 7671 SUBCHAPTER VI—EMPLOYEE INCENTIVE SCHOLARSHIP PROGRAM § 7671. Authority for program As part of the Educational Assistance Pro- gram, the Secretary may carry out a scholarship program under this subchapter. The program shall be known as the Department of Veterans Affairs Employee Incentive Scholarship Pro- gram (hereinafter in this subchapter referred to as the ‘‘Program’’). The purpose of the Program is to assist, through the establishment of an in- centive program for individuals employed in the Veterans Health Administration, in meeting the staffing needs of the Veterans Health Adminis- tration for health professional occupations for which recruitment or retention of qualified per- sonnel is difficult. (Added Pub. L. 105–368, title VIII, § 802(a), Nov. 11, 1998, 112 Stat. 3352; amended Pub. L. 107–14, § 8(a)(16), June 5, 2001, 115 Stat. 35.) Editorial Notes AMENDMENTS 2001—Pub. L. 107–14 substituted ‘‘hereinafter’’ for ‘‘hereafter’’. § 7672. Eligibility; agreement (a) ELIGIBILITY.—To be eligible to participate in the Program, an individual must be an eligi- ble Department employee who is accepted for enrollment or enrolled (as described in section 7602 of this title) as a full-time or part-time stu- dent in a field of education or training described in subsection (c). (b) ELIGIBLE DEPARTMENT EMPLOYEES.—For purposes of subsection (a), an eligible Depart- ment employee is any employee of the Depart- ment who, as of the date on which the employee submits an application for participation in the Program, has been continuously employed by the Department for not less than one year. (c) QUALIFYING FIELDS OF EDUCATION OR TRAIN- ING.—A scholarship may be awarded under the Program only for education and tr

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