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38 U.S.C. § 7612 — Eligibility; application; agreement
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as provided in paragraph (2) of this subsection, an individual must be accepted for enrollment or be 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 student to be eligible to participate in the Scholarship Program.
(2) An individual who is an eligible Department employee may be accepted as a participant if 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)) for study on less than a full-time but not less than a half-time basis. (Such a participant is hereinafter in this subchapter referred to as a “part-time student”.)
(3) For the purposes of paragraph (2) of this subsection, an eligible Department employee is a full-time Department employee who is permanently assigned to a Department health-care facility on the date on which the individual submits the application referred to in [section 7603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7603&num=0&edition=prelim) and on the date on which the individual becomes a participant in the Scholarship Program.
**(b)**
(1) A scholarship may be awarded under this subchapter only in a qualifying field of education or training.
(2) A qualifying field of education or training for purposes of this subchapter is education or training leading to employment as an appointee under paragraph (1) or (3) of [section 7401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401&num=0&edition=prelim).
(3) The Secretary may designate additional fields of education or training as qu
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Source file: Laws/federal/codes/united-states-code/title-38/section-7612-eligibility-application-agreement--f8adbd986f.md
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Source location: Title 38, Chapter 76, § 7612; chapter-076-health-professionals-educational-assistance-program.md
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**(a)**
(1) Except as provided in paragraph (2) of this subsection, an individual must be accepted for enrollment or be 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 student to be eligible to participate in the Scholarship Program.
(2) An individual who is an eligible Department employee may be accepted as a participant if 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)) for study on less than a full-time but not less than a half-time basis. (Such a participant is hereinafter in this subchapter referred to as a “part-time student”.)
(3) For the purposes of paragraph (2) of this subsection, an eligible Department employee is a full-time Department employee who is permanently assigned to a Department health-care facility on the date on which the individual submits the application referred to in [section 7603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7603&num=0&edition=prelim) and on the date on which the individual becomes a participant in the Scholarship Program.
**(b)**
(1) A scholarship may be awarded under this subchapter only in a qualifying field of education or training.
(2) A qualifying field of education or training for purposes of this subchapter is education or training leading to employment as an appointee under paragraph (1) or (3) of [section 7401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401&num=0&edition=prelim).
(3) The Secretary may designate additional fields of education or training as qualifying fields of education or training if the education or training leads to employment in a position which would qualify the individual for increased basic pay under subsection (a)(1) of [section 7455 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7455&num=0&edition=prelim) for personnel described in subsection (a)(2)(B) of such section.
(4) Before awarding the initial scholarship in a course of education or training other than medicine or nursing, the Secretary shall notify the Committees on Veterans’ Affairs of the Senate and House of Representatives of the Secretary’s intent to award a scholarship in such course of education or training. The notice shall include a statement of the reasons why the award of scholarships in that course of education or training is necessary to assist in providing the Department with an adequate supply of personnel in the health profession concerned. Any such notice shall be given not less than 60 days before the first such scholarship is awarded.
(5) In selecting applicants for the Scholarship Program, the Secretary—
(A) shall give priority to applicants who will be entering their final year in a course of training;
(B) shall give priority to applicants pursuing a course of education or training toward a career in an occupation for which the Inspector General of the Department has, in the most current determination published in the Federal Register pursuant to [section 7412(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7412/a&num=0&edition=prelim), determined that there is one of the largest staffing shortages throughout the Department with respect to such occupation; and
(C) shall ensure an equitable allocation of scholarships to persons enrolled in the second year of a program leading to an associate degree in nursing.
(6)
(A) Of the scholarships awarded under this subchapter, the Secretary shall ensure that not less than 50 scholarships are awarded each year to individuals who are 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)) in a program of education or training leading to employment as a physician or dentist until such date as the Secretary determines that the staffing shortage of physicians and dentists in the Department is less than 500.
(B) After such date, the Secretary shall ensure that of the scholarships awarded under this subchapter, a number of scholarships is awarded each year to individuals referred to in subparagraph (A) in an amount equal to not less than ten percent of the staffing shortage of physicians and dentists in the Department, as determined by the Secretary.
(C) Notwithstanding subsection (c)(1), the agreement between the Secretary and a participant in the Scholarship Program who receives a scholarship pursuant to this paragraph shall provide the following:
(i) The Secretary’s agreement to provide the participant with a scholarship under this subchapter for a specified number (from two to four) of school years during which the participant is pursuing a course of education or training leading to employment as a physician or dentist.
(ii) 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”) of 18 months for each school year or part thereof for which the participant was provided a scholarship under the Scholarship Program.
(D) In providing scholarships pursuant to this paragraph, the Secretary may provide a preference for applicants who are veterans.
(E) On an annual basis, the Secretary shall provide to appropriate educational institutions informational material about the availability of scholarships under this paragraph.
**(c)**
(1) An agreement between the Secretary and a participant in the Scholarship 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 this subchapter for a specified number (from one to four) of school years during which the participant is pursuing a course of education or training described in [section 7602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7602&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”) of one calendar year for each school year or part thereof for which the participant was provided a scholarship under the Scholarship Program, but for not less than two years.
(2) In a case in which an extension is granted under [section 7614(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7614/3&num=0&edition=prelim), the number of years for which a scholarship may be provided under this subchapter 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—
(A) 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 one year; and
(B) the agreement shall include the participant’s agreement to maintain employment, while enrolled in such course of education or training, as a Department employee permanently assigned to a Department health-care facility.
(4) If a participant’s period of obligated service is deferred under [section 7616(b)(3)(A)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7616/b/3/A/i&num=0&edition=prelim), the agreement terms under paragraph (1) of this subsection shall provide for the participant to serve any additional period of obligated service that is prescribed by the Secretary under [section 7616(b)(4)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7616/b/4/B&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7602
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7401
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7604
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Subject to subsections (b), (c), and (d), when the Secretary determines it to be necessary in order to obtain or retain the services of persons described in paragraph (2), the Secretary may increase the minimum, intermediate, or maximum rates of basic pay authorized under applicable statutes and regulations. Any increase in such rates of basic pay—
(A) may be made on a nationwide basis, local basis, or other geographic basis; and
(B) may be made—
(i) for one or more of the grades listed in the schedules in subsection (b)(1) of section 7404 11 See References in Text note below. of this title;
(ii) for one or more of the health personnel fields within such grades; or
(iii) for one or more of the grades of the General Schedule under [section 5332 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim).
(2) Paragraph (1) applies to the following:
(A) Individuals employed in positions listed in paragraphs (1) and (3) of [section 7401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401&num=0&edition=prelim).
(B) Health-care personnel who—
(i) are employed in the Administration (other than administrative, clerical, and physical plant maintenance and protective services employees);
(ii) are paid under the General Schedule pursuant to [section 5332 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim);
(iii) are determined by the Secretary to be providing either direct patient-care services or services incident to direct patient-care services; and
(iv) would not otherwise be available to provide medical care and treatment for veterans.
(C) Employees who are
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7455
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to subsections (b), (c), and (d) and to section 4304, any person whose absence from a position of employment is necessitated by reason of service in the uniformed services shall be entitled to the reemployment rights and benefits and other employment benefits of this chapter if—
(1) the person (or an appropriate officer of the uniformed service in which such service is performed) has given advance written or verbal notice of such service to such person’s employer;
(2) the cumulative length of the absence and of all previous absences from a position of employment with that employer by reason of service in the uniformed services does not exceed five years; and
(3) except as provided in subsection (f), the person reports to, or submits an application for reemployment to, such employer in accordance with the provisions of subsection (e).
**(b)**
(1) No notice is required under subsection (a)(1) if the giving of such notice is precluded by military necessity or, under all of the relevant circumstances, the giving of such notice is otherwise impossible or unreasonable.
(2) A determination of military necessity for purposes of paragraph (1) shall be made—
(A) except as provided in subparagraphs (B) and (C), pursuant to regulations prescribed by the Secretary of Defense;
(B) for persons performing service to the Federal Emergency Management Agency under section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5165f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5165f&num=0&edition=prelim)) and as intermittent personnel under section 306(b)(1) of such Act ([42 U.S.C. 5149(b)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5149/b/1&num=0&edition=prelim))
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4312
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7603
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Federal law — U.S. Code and appendices · legal_authorities
Page 1267
TITLE 38—VETERANS’ BENEFITS
§ 7612
of alternative methods of ensuring adequate recruit-
ment and retention of such personnel.
§ 7612. Eligibility; application; agreement
(a)(1) Except as provided in paragraph (2) of
this subsection, an individual must be accepted
for enrollment or be enrolled (as described in
section 7602 of this title) as a full-time student
to be eligible to participate in the Scholarship
Program.
(2) An individual who is an eligible Depart-
ment employee may be accepted as a participant
if accepted for enrollment or enrolled (as de-
scribed in section 7602 of this title) for study on
less than a full-time but not less than a half-
time basis. (Such a participant is hereinafter in
this subchapter referred to as a ‘‘part-time stu-
dent’’.)
(3) For the purposes of paragraph (2) of this
subsection, an eligible Department employee is
a full-time Department employee who is perma-
nently assigned to a Department health-care fa-
cility on the date on which the individual sub-
mits the application referred to in section 7603
of this title and on the date on which the indi-
vidual becomes a participant in the Scholarship
Program.
(b)(1) A scholarship may be awarded under this
subchapter only in a qualifying field of edu-
cation or training.
(2) A qualifying field of education or training
for purposes of this subchapter is education or
training leading to employment as an appointee
under paragraph (1) or (3) of section 7401 of this
title.
(3) The Secretary may designate additional
fields of education or training as qualifying
fields of education or training if the education
or training leads to employment in a position
which would qualify the individual for increased
basic pay under subsection (a)(1) of section 7455
of thi
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 7612
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