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38 U.S.C. § 7616 — Obligated service
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each participant in the Scholarship Program shall provide service as a full-time employee of the Department for the period of obligated service provided in the agreement of the participant entered into under [section 7603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7603&num=0&edition=prelim). Such service shall be provided in the full-time clinical practice of such participant’s profession or in another health-care position in an assignment or location determined by the Secretary.
**(b)**
(1) Not later than 60 days before the participant’s service commencement date, the Secretary shall notify the participant of that service commencement date. That date is the date for the beginning of the participant’s period of obligated service.
(2) As soon as possible after the participant’s service commencement date, the Secretary shall—
(A) in the case of a participant who is not a full-time employee in the Veterans Health Administration, appoint such participant as such an employee; and
(B) in the case of a participant who is an employee in the Veterans Health Administration but is not serving in a position for which such participant’s course of education or training prepared such participant, assign such participant to such a position.
(3)
(A)
(i) In the case of a participant receiving a degree from a school of medicine, osteopathy, dentistry, optometry, or podiatry, the participant’s service commencement date is the date upon which the participant becomes licensed to practice medicine, osteopathy, dentistry, optometry, or podiatry, as the case may be, in a State. However, the Secretary may, at the request of such participant, defer such date until the end of the period of time required for the participant t
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Source location: Title 38, Chapter 76, § 7616; chapter-076-health-professionals-educational-assistance-program.md
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**(a)** Each participant in the Scholarship Program shall provide service as a full-time employee of the Department for the period of obligated service provided in the agreement of the participant entered into under [section 7603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7603&num=0&edition=prelim). Such service shall be provided in the full-time clinical practice of such participant’s profession or in another health-care position in an assignment or location determined by the Secretary.
**(b)**
(1) Not later than 60 days before the participant’s service commencement date, the Secretary shall notify the participant of that service commencement date. That date is the date for the beginning of the participant’s period of obligated service.
(2) As soon as possible after the participant’s service commencement date, the Secretary shall—
(A) in the case of a participant who is not a full-time employee in the Veterans Health Administration, appoint such participant as such an employee; and
(B) in the case of a participant who is an employee in the Veterans Health Administration but is not serving in a position for which such participant’s course of education or training prepared such participant, assign such participant to such a position.
(3)
(A)
(i) In the case of a participant receiving a degree from a school of medicine, osteopathy, dentistry, optometry, or podiatry, the participant’s service commencement date is the date upon which the participant becomes licensed to practice medicine, osteopathy, dentistry, optometry, or podiatry, as the case may be, in a State. However, the Secretary may, at the request of such participant, defer such date until the end of the period of time required for the participant to complete an internship or residency or other advanced clinical training. If the participant requests such a deferral, the Secretary shall notify the participant that such deferral could lead to an additional period of obligated service in accordance with paragraph (4) of this subsection.
(ii) No such period of internship or residency or other advanced clinical training shall be counted toward satisfying a period of obligated service under this subchapter.
(B) In the case of a participant receiving a degree from a school of nursing, the participant’s service commencement date is the later of (i) the participant’s course completion date, or (ii) the date upon which the participant becomes licensed as a registered nurse in a State.
(C) In the case of a participant not covered by subparagraph (A) or (B) of this paragraph, the participant’s service commencement date is the later of (i) the participant’s course completion date, or (ii) the date the participant meets any applicable licensure or certification requirements.
(4) A participant whose period of obligated service is deferred under paragraph (3)(A) of this subsection shall be required to undertake internship or residency or other advanced clinical training in an accredited program in an educational institution which is an affiliated institution (as defined in [section 7423(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7423/d/1&num=0&edition=prelim)) and with respect to which the affiliation agreement provides that all or part of the internship or residency or other advanced clinical training will be undertaken in a Department health-care facility. Such a participant may, at the discretion of the Secretary and upon the recommendation of the Under Secretary for Health, incur an additional period of obligated service—
(A) at the rate of one-half of a calendar year for each year of internship or residency or other advanced clinical training (or a proportionate ratio thereof), if the internship, residency, or advanced clinical training is in a medical specialty necessary to meet the health-care requirements of the Department (as determined under regulations prescribed by the Secretary); or
(B) at the rate of three-quarters of a calendar year for each year of internship or residency or other advanced clinical training (or a proportionate ratio thereof), if the internship, residency, or advanced clinical training is not in a medical specialty necessary to meet the health-care requirements of the Department (as determined under regulations prescribed by the Secretary).
(5) The Secretary shall by regulation prescribe the service commencement date for participants who were part-time students. Such regulations shall prescribe terms as similar as practicable to the terms set forth in paragraph (3) of this subsection.
**(c)**
(1) Except as provided in paragraph (2) of this subsection, a participant in the Scholarship Program shall be considered to have begun serving such participant’s period of obligated service—
(A) on the date, after such participant’s course completion date, on which such participant (in accordance with subsection (b) of this section) is appointed under this chapter as a full-time employee in the Veterans Health Administration; or
(B) if the participant is a full-time employee in the Veterans Health Administration on such course completion date, on the date thereafter on which such participant is assigned to a position for which such participant’s course of training prepared such participant.
(2) A participant in the Scholarship Program who on such participant’s course completion date is a full-time employee in the Veterans Health Administration serving in a capacity for which such participant’s course of training prepared such participant shall be considered to have begun serving such participant’s period of obligated service on such course completion date.
(3) For the purposes of this section, the term “course completion date” means the date on which a participant in the Scholarship Program completes such participant’s course of education or training under the program.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A person who is reemployed under this chapter is entitled to the seniority and other rights and benefits determined by seniority that the person had on the date of the commencement of service in the uniformed services plus the additional seniority and rights and benefits that such person would have attained if the person had remained continuously employed.
**(b)**
(1) Subject to paragraphs (2) through (6), a person who is absent from a position of employment by reason of service in the uniformed services shall be—
(A) deemed to be on furlough or leave of absence while performing such service; and
(B) entitled to such other rights and benefits not determined by seniority as are generally provided by the employer of the person to employees having similar seniority, status, and pay who are on furlough or leave of absence under a contract, agreement, policy, practice, or plan in effect at the commencement of such service or established while such person performs such service.
(2)
(A) Subject to subparagraph (B), a person who—
(i) is absent from a position of employment by reason of service in the uniformed services, and
(ii) knowingly provides written notice of intent not to return to a position of employment after service in the uniformed service,
is not entitled to rights and benefits under paragraph (1)(B).
(B) For the purposes of subparagraph (A), the employer shall have the burden of proving that a person knowingly provided clear written notice of intent not to return to a position of employment after service in the uniformed service and, in doing so, was aware of the specific rights and benefits to be lost under subparagraph (A).
(3) A person deemed to be on furlough or leave of absence under this subsection while serving in the u
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7604&num=0&edition=prelim) 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 a
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Federal law — U.S. Code and appendices · legal_authorities
Page 1269
TITLE 38—VETERANS’ BENEFITS
§ 7616
pend of a participant who is a part-time student
shall be adjusted as provided in sections 7614(1)
and 7614(2) of this title.
(c) The Secretary may arrange with an edu-
cational institution in which a participant in
the Scholarship Program is enrolled for the pay-
ment to the educational institution of the
amounts of tuition and other reasonable edu-
cational expenses described in subsection (a) of
this section. Such payments may be made with-
out regard to subsections (a) and (b) of section
3324 of title 31.
(Added Pub. L. 100–322, title II, § 216(b), May 20,
1988, 102 Stat. 521, § 4313; renumbered § 7613 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(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105
Stat. 404, 405.)
Editorial Notes
AMENDMENTS
1991—Pub. L. 102–40, § 402(b)(1), renumbered section
4313 of this title as this section.
Subsec. (b). Pub. L. 102–83, § 4(a)(3), (4), substituted
‘‘Department’’ for ‘‘Veterans’ Administration’’.
Pub. L. 102–40, § 402(d)(1), substituted ‘‘7631’’ for ‘‘4331’’
and ‘‘7614(1) and 7614(2)’’ for ‘‘4314(1) and ‘‘4314(2)’’.
Subsec. (c). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted
‘‘Secretary’’ for ‘‘Administrator’’.
§ 7614. Part-time students
In the case of a participant who is a part-time
student—
(1) the maximum amount of the stipend pay-
able to the participant shall be reduced in ac-
cordance with the proportion that the number
of credit hours carried by such participant
bears to the number of credit hours required
to be carried by a full-time student in the
course of education or training being pursued
by the participant;
(2) a stipend may not be paid for any month
during which the participant i
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